HomeMy WebLinkAbout02-19-2019 Item 12 - PH Formation of a San Luis Ranch Community Facilities District Department Name: Community Development
Cost Center: 2003
For Agenda of: February 19, 2019
Placement: Public Hearing
Estimated Time: 45 Minutes
FROM: Brigitte Elke, Finance Director
Michael Codron, Community Development Director
Prepared By: John Rickenbach, Contract Planner
SUBJECT: PUBLIC HEARING TO CONSIDER THE INTENTION TO FORM A SAN
LUIS RANCH COMMUNITY FACILITIES DISTRICT (CFD). THE
APPROVED SPECIFIC PLAN, TRACT MAP, AND DEVELOPMENT
AGREEMENT FOR THE SITE ALLOW UP TO 580 RESIDENTIAL UNITS,
WITH MIXED COMMERCIAL DEVELOPMENT, PARKS, OPEN SPACE
AND AGRICULTURAL USES
RECOMMENDATION
Consistent with the previously adopted Development Approvals, adopt the attached resolutions,
and take the following actions to initiate the formation of a Community Facilities District (CFD):
1. Adopt Local Community Facilities District Goals and Policies (Attachment A); and
2. Adopt a Resolution of Intention to form a CFD, a funding mechanism for major
infrastructure associated with the project (Attachments B, C, and D); and
3. Adopt a Resolution to Incur Bonded Indebtedness (Attachment E); and
4. Approve the Deposit and Reimbursement Agreement (Attachment F).
REPORT-IN-BRIEF
Consideration of initiation of a CFD by the City Council responds to the adopted San Luis Ranch
Financing Plan and the San Luis Ranch Development Agreement. Formation of a CFD to
provide partial reimbursement of developer investments in region al infrastructure was a central
implementing mechanism of the Financing Plan and the Development Agreement. The
Development Agreement stipulated that a CFD was to be formed for the express purpose of
funding infrastructure.
The approved San Luis Ranch Specific Plan allows for a variety of residential and non-
residential development on 131 acres located in previously unincorporated San Luis Obispo
County, generally between Madonna Road and U.S. Highway 101, south of Dalidio Drive, and is
identified by assessor’s parcel number (APN) 067-121-022. The Specific Plan was approved on
July 18, 2017. The Development Agreeme nt for the project, which provides the basis for the
formation of the CFD, was approved by the City Council on July 17, 2018. At the same hearing,
the City Council also approved an amendment to the Specific Plan that modified the phasing
approach to the project that had been approved by the City Council in July 2017. The
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amendment was intended to allow for additional flexibility in the timing of development to allow
for needed public infrastructure to be built in a timely manner. It should also be noted that the
modified phasing, in conjunction with the proposed CFD now under consideration, were both
key components for making the project viable from a financing standpoint, both from the City’s
and developer’s perspective.
On October 18, 2018 the San Luis Obispo Local Agency Formation Commission approved the
City’s application to annex the San Luis Ranch site to the City of San Luis Obispo. A Certificate
of Completion of the annexation was filed on November 19, 2018. A Final Tract Map for the
first phase o f the project was approved by the City Council on November 27, 2018. A final map
has been recorded at this time and should be accomplished before the end of March 2019. These
actions were necessary to allow for future development to occur on the site, which will be
facilitated to a large extent by the formation of the CFD.
DISCUSSION
Background
1. Project Description Summary
The project as approved in July 2017 and amended in July 2018 is the development of a major
new City neighborhood, which will be governed by a Specific Plan. As summarized in the
certified Final EIR, the San Luis Ranch Project consists of a Specific Plan, General Plan
Amendment and Pre-Zone, and Development Plan/Vesting Tentative Tract Map, including
annexation of the site into the City of San Luis Obispo. The site is located in previously
unincorporated San Luis Obispo County, generally between Madonna Road and U.S. Highway
101, south of Dalidio Drive, and is identified by assessor’s parcel number (APN) 067 -121-022.
The approved project includes a mixture of residential, commercial, office, and hotel uses, with a
significant portion of the site preserved for agriculture uses and open space dedication. As shown
in Figure 1, the Specific Plan area is organized into six land use designations, which are
equivalent to zoning within the area. These include Neighborhood General 1 (NG -10),
Neighborhood General 2 (NG-23), Neighborhood General 3 (NG-30), Neighborhood
Commercial (NC), Open Space (OS), and Agriculture (AG). The applicable dens ities and
development standards associated with each of these zones are described in detail below. Table
1 lists the approved San Luis Ranch Specific Plan zones, acreages, and maximum buildout
potential within each zone of the Specific Plan Area. Through the Final Tract Map approval
process, there were very minor modifications to some of the acreages reported in the Specific
Plan and are substantially similar overall.
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Table 1. Approved San Luis Ranch Specific Plan Area Development
Type Specific Plan Zone % of Site Units Acreage
Planned Development 1
Low-Medium Density Residential NG-10 16.4% 200 units 21.5 acres
Medium Density Residential NG-23 5.5% 100 units 7.3 acres
High Density Residential NG-30 8.4% 246 units 11.0 acres
Affordable Housing Density Bonus 2 34 units n/a
Commercial NC 9.0% 150,000 SF 11.9 acres
Office NC 3.2% 100,000 SF 4.2 acres
Hotel and Conference Center NC 2.7% 200 rooms 3.5 acres
Public Parks 2.1% 2.8 acres
Roads 6.8% 9.0 acres
Agricultural and Open Space
Agriculture AG 39.8% 52.3 acres
Internal Open Spaces OS 5.9% 7.8 acres
1. Planned Development area is based on net site area of approximately 122.5 acres. The gross site area is approximately 131.4 acres,
less approximately 8.9 acres of right-of-way associated with regional roadway improvements.
2. The project includes up to 34 deed -restricted affordable units on site. Per Section 17.090.040(d) of the City’s Affordable Housing
Incentives, the included affordable housing allows for a 20% density bonus.
Figure 1: Approved Land Uses/Zoning
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2. Development Agreement
The San Luis Ranch Development Agreement was approved by the City Council on July 17,
2018. The Development Agreement is a contract between the developer and the City in which
the City provides the developer with vested development rights for a defined period of years (in
this case 20 years, with a possible 10-year extension) in exchange for the developer providing
“extraordinary” public or community benefits that exceed what would otherwise be permissi ble
by law, i.e. the land use regulation “police powers” delegated to local government by the State of
California. The Development Agreement works in parallel to other entitlements, and in the case
of San Luis Ranch, the proposed conditions of approval re quire its approval with a detailed
infrastructure financing plan before certain portions of the entitlement can take effect. The
Development Agreement does not change the development parameters included in the Specific
Plan, but refines their implementation, building on the Conditions of Approval associated with
the approved Tract Map.
Key provisions within the Development Agreement relate to the proposed CFD for the project,
notably with respect to project financing. The Development Agreement requires t he developer to
make a large investment in public services and infrastructure. The proposed CFD is intended to
help finance some of these costs. The Development Agreement requires the City to consider in
good faith the funding, establishing and forming a mechanism or mechanisms to facilitate
funding costs related to the project.
The CFD is based on the fees and related information described in the Development Agreement.
The Development Agreement lists the sources of reimbursement as well as the “fair sha re” of the
required $66,672,134 (based on current estimates) in infrastructure. The developer s will build
$9,057,540 (based on current estimates) of infrastructure beyond their fair share. (Exhibit C,
Development Agreement, Attachment 3, Draft Fiscal and P ublic Benefit Analysis from EPS).
Financing Plan
As a part of the San Luis Ranch Project , the City has identified approximately $54.2 million of
citywide improvements, as shown below in Table 2. Approximately $22.8 million (40%) of
these costs are attributable to the San Luis Ranch Project based upon the City’s “fair share” cost
allocation and/or other agreements. This leaves a net amount to be funded of $31.4 million,
nearly 60 percent of the total, which falls to the City (and the region) to fund. This funding
requires the City and Developer work together to identify and secure outside sources, such as
SLOCOG funding, grants, eligible impact fee revenue, or other opportunities to assist in
financing the remaining balance. Approximately $25.5 million in up-front costs are required by
San Luis Ranch to build or participate in project specific infrastructure. The City committed to
providing credits/reimbursements or other adjustments to address the $2.7 million difference.
Approximately $953,000 in funding will be needed from other funding sources, including,
potentially, the City’s General Fund, to help complete citywide projects that are needed as a
result of San Luis Ranch. These funds are not able to be passed on to the impact fee programs or
reimbursed through public grant sources. Developer equity, including revenue from a
Community Facilities District (CFD) bond issue, is one of the primary sources of funding
proposed for infrastructure improvements needed to serve the San Luis Ranch area.
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Table 2. San Luis Ranch Regional Improvements Cost Allocation
Percent Amount Percent Amount
ROADWAYS
1 Froom Ranch Way (Prado to Oceanaire) Including Bridge $7,071,277 100%$7,071,277 0%$0
2 Froom Ranch Way (Oceanaire to Target Driveway) $423,561 15%$63,534 85%$360,027
3 Froom Ranch Way & LOVR Intersection Widening $450,000 20%$90,000 80%$360,000
4 Prado Road/US 101 Interchange and North Bound Ramps $25,000,000 28%$7,000,000 72%$18,000,000
5 Prado Road Southbound Ramps $10,000,000 28%$2,800,000 72%$7,200,000
6 Madonna & Dalidio/Prado Intersection Widening $2,000,000 100%$2,000,000 0%$0
OTHER AREA ROADWAYS (MITIGATIONS)
7 Madonna & SB 101 Off Ramp - Lengthen EB Left Turn Pocket $50,000 100%$50,000 0%$0
8 Madonna & Oceanaire Pedestrian X-ing Enhancements $300,000 50%$150,000 50%$150,000
9 Madonna & San Luis Ranch Way Pedestrian X-ing Enhancement $150,000 100%$150,000 0%$0
10 LOVR & SB 101 Off Ramp - Lengthen Left Turn Pocket $250,000 100%$250,000 0%$0
11 LOVR & Higuera - Lengthen EB Right Turn Pocket $25,000 100%$25,000 0%$0
12 Higuera & South - Lengthen NB Right Turn Pocket $250,000 50%$125,000 50%$125,000
OTHER AREA ROADWAY MITIGATIONS - FEE ONLY PROJECTS
13 Prado & Higuera Widening $750,000 10%$75,000 90%$675,000
14 Madonna Rd @ LOVR - Signal Timing Optimization $2,500 0%$0 100%$2,500
15 Madonna & Oceanaire Turn Lane Extensions $25,000 100%$25,000 0%$0
16 Madonna & LOVR - Turn Lane Extensions $25,000 100%$25,000 0%$0
17 LOVR & Auto Park Way Signalization $200,000 11%$22,000 89%$178,000
18 Higuera & Tank Farm - Lengthen NB Right Turn Pocket $850,000 5%$42,500 95%$807,500
SLR BIKEWAYS
19 Prado Road Class I Path (Madonna to Froom)$1,500,000 100%$1,500,000 0%$0
20 Madonna Road Class I Path / Protected bikeway (Hwy 101 to Oceanaire)$800,000 60%$480,000 40%$320,000
21 Bob Jones Trail (Calle Joaquin to Froom Ranch Road)$1,000,000 16%$160,000 84%$840,000
SLR BIKEWAYS - FEE ONLY PROJECTS
22 Prado Road Class I Path (NB Ramps to Higuera)$500,000 28%$140,000 72%$360,000
23 Bob Jones Trail (Madonna to Prado)$1,500,000 3%$45,000 97%$1,455,000
UTILITIES
24 Install new 24" HDPE Sewer Line $1,078,700 50%$539,350 50%$539,350
Cost Totals $54,201,038 $22,828,661 $31,372,377
Source: City Staff Regional Infrastructure database dated October 9, 2017, with agreed-upon costs for the Prado Road/US 101 Interchange (Item #4) and
the Bob Jones Trail (Item #21).
City/Regional ShareItem #Item
Preliminary
Cost Total
Estimate
Cost Allocation
Developer Share
Community Facilities District (CFD)
The Council is being asked to consider initiating the formation of a CFD consistent with the
previously approved Development Agreement. Initiation of the CFD occu rs through adoption of
a Resolution of Intention (ROI), the first step in formation of the CFD pursuant to the
Community Facilities District Act of 1982. The City of San Luis Obispo previously created its
first CFD for the Avila Ranch in November 2017, which was formed primarily as a source of
funding for municipal services. Unlike the Avila Ranch CFD, the San Luis Ranch CFD is being
formed to provide a source of reimbursement for regional transportation infrastructure and utility
improvements, initially funded by the developer.
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1. Background
A CFD, as enabled by the Community Facilities District Act of 1982, allows a local jurisdiction
to levy a special tax within a specified area to pay for public services and/or infrastructure
needed within the area. Over the past three decades, CFDs have become a common mechanism
for cities to fund services and finance development -related infrastructure. The levy of any special
tax and any related bond issuance is subject to voter approval; if the area is inhabited, app roval
by two-thirds of the voters in the area is required. If fewer than 12 voters are located in the area,
approval by the landowners is required. The San Luis Ranch area currently has no residential
uses.
The owners and developers of the San Luis Ranch property have requested, and the City has
agreed, to consider formation of a CFD, as reflected in the San Luis Ranch entitlement
documents. The CFD will authorize the levy of a special tax on real property located within the
designated boundary of the CFD for a range of purposes including funding reimbursement of
investments made by the developer for regional transportation infrastructure and utility
improvements. It is common for the special taxes to be used to service municipal bonds issued to
fund new development -related infrastructure.
2. Analysis and Recommendations
The following analysis and recommendations are presented reflecting extensive discussions with
the developers and their consultants, City staff and their advisors, including special tax cou nsel,
financial advisors, and bond underwriters. This information is presented to elicit questions and
comments from Council and to gain concurrence on those items that will enable the final
structuring of the CFD.
Funding Capacity. The funding capacity of a CFD is based upon the type and amount of
development in the boundary of the CFD upon which the special tax is levied and the amount of
the tax per parcel. Special taxes levied as part of a CFD must be clearly specified by a Rate and
Method of Apportio nment (RMA, Attachment E) which defines the amount of the tax levied on
each parcel and how the amount may be increased (indexed) over time to account for any
inflationary cost increases. Generally, and as reflected in the City’s adopted policy, CFD specia l
taxes are limited to a fraction of the one percent property tax allowed under Article 13 A of the
State Constitution. The funding capacity of the San Luis Ranch Project, taking account of the
type, amount, and market value of the proposed development, the existing general and special
taxes, and the City’s established special tax “cap” of 1.8 percent, is estimated at approximately
$2 million annually.1 Given economic cycle and market consideration, the local market being
untested in terms of bond underwrit ing, and the significant number of smaller and multifamily
units and price-sensitive commercial lands, the tax revenue potential is likely to be below this
maximum, resulting in total revenue in the range of $950,000. Based on industry standard
assumptions, it is estimated that this annual revenue can yield “net bond proceeds” of $14
million, the funding target set in the Financing Plan and Development Agreement. Developer
equity and impact fees are the other sources of developer contribution for project in frastructure.
1 Annual revenues of approximately $2 million include value associated with commercial uses.
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Purpose of the Special Tax. The RMA specifies the special tax to be levied as part of
the San Luis Ranch CFD. In this case, the special tax will support the issuance of one or more
bonds, the proceeds of which will be used primarily to reimb urse the developer for some of the
costs related to transportation and utility infrastructure improvements. Administrative costs to
administer the special tax are also included. Detailed analysis of the required transportation and
utility improvements, inc luding costs and fair share allocations, has been conducted as part of
ongoing staff work and negotiations with the San Luis Ranch Developer.
Special Tax Rate Structure. Special property taxes are “parcel” taxes (a given rate per
parcel). Varying taxes by use or intensity require a logical structure, often linked to service
demand (may not be ad valorem). There are three residential product types in the San Luis
Ranch: Low Density, Medium Density, and High Density. Within each of these categories, there
are Workforce and Affordable Units included. A “flat tax” rate could be set for all residential
uses based on the special tax revenue calculations; alternatively, a rate sensitive to unit
characteristics (e.g., single family/multifamily and/or unit size) c an be established. Complexities
in the rate structure can be challenging from an administration perspective; however, in this case,
it is recommended that the tax rate should vary based on unit size within each residential product
type, with two -unit size categories with each product type.
Exemption for Commercial Uses. Special taxes can be charged on commercial uses, and
there is a substantial commercial component in the Project including 150,000 square feet of
retail/service uses, 100,000 square feet of office uses, and a 200-room hotel. Given the economic
sensitivity of commercial uses to special taxes, it is recommended that such uses be exempted
from the special tax unless a change of use is subsequently approved. Nonresidential land uses
tend to absorb more slowly than the single-family residential portions of a project even if there is
no special tax burden, and the inclusion of the special tax on these uses will likely further slow
absorption. As such, a special tax on nonresidential uses is a les s secure funding source for the
CFD bonds, and in this case, it is recommended that commercial uses not be taxed.
Exemption for Workforce and Affordable Housing Units. Property owned by non-profit
entities or with price restrictions in the deed are not categorically exempted from special taxes.
There are 14 workforce units and 34 affordable units proposed. Taxing affordable housing units
owned by non-profit entities will increase operating costs and thus may decrease feasibility for
the non-profit entit ies or the subsidies that they can offer lower income households. Taxing deed
restricted units at rates affordable to the market rate homeowners may not be feasible for income
restricted households. Options include: 1) an exemption for the non-profit owned or deed
restricted units; or 2) establishing a discounted special tax reflecting benefits to the City of
providing workforce and affordable housing units. It is recommended that the workforce
affordable units should not be taxed.
Other Exemptions. Certain types of property ownership are categorically exempt from
special taxes, while others may be exempted by the RMA policy. Exemptions include
government owned property; property-owners’ association property (common areas); assessor’s
parcels consisting of public or utility easements; and property having conservation-oriented deed
restrictions. It is recommended that these non-developed parcels be exempted from the special
tax.
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Special Tax on Vacant Land. Special taxes can be levied on land that is designated for
development but not yet developed. Such taxes are charged to generate cash flow to cover debt
service or other bona fide CFD cost before the developing area subject to the special tax is fully
developed. It is recommended that a vacant land tax be allowed at the time the Final Subdivision
Map is approved and respective subdivision parcels are recorded. Any bonded indebtedness
related to such vacant land taxes is limited by statute to a 3:1 value to lien ratio.
Special Tax Rate Structure, Prioritization. The RMA will need to specify funding
priorities for special tax revenue. There are three components currently identified as specified
below: 1) CFD administrative expenses; 2) debt service on bonds issued for reimbursement of
developer-advanced funding of their “fair share” allocation of regional transportation
improvements; 3) replenishment of the bond reserve fund in the event of a draw upon reserves as
a result of special tax collection delinquencies; 4) special tax levy contingencies for anticip ated
delinquent payment of the special taxes; and 5) for any funds not needed for the above, pay-as-
you go reimbursement for bona fide developer costs pursuant to the Acquisition Agreement.
Indexing for Cost Increases Over Time. Special taxes may be “indexed,” or increased,
over time to protect the bonding capacity of the CFD. For CFDs used to support debt service, the
index is limited by statute to 2 percent. It is recommended that the 2 percent index be applied to
the special taxes. Staff is recommend ing 2% to ensure that all owners within the district are
paying an equitable share of the debt service as property values increase over time and new
owners buy into the project.
Duration of the Special Tax. The Rate and Method must specify the duration of the
special tax. Special taxes that provide a source of debt service on CFD municipal bonds (or other
capital expenditure) sunset when the bond debt is retired, typically a term of 30 years for each
issue. If multiple issues are contemplated, such as with the San Luis Ranch project, the term of
the CFD will need to extend for 30 years, following the second bond issue (i.e., through 2062-
2063).
Previous Council or Advisory Body Action
The Planning Commission considered and provided input on the originally-approved San Luis
Ranch project on nine occasions from 2014 through 2017, before finally recommending approval
in June 2017. The City Council approved the project on July 18, 2017. Prior to its July 2017
approval, the project was also considered before various City advisory bodies to consider
specific aspects of the proposed project that relate to their purview. These advisory bodies
included the Bicycle Advisory Committee (BAC), Parks and Recreation Commission (PRC),
Architectural Review Commission (AR C), and Cultural Heritage Committee (CHC). These
reviews helped inform the Planning Commission’s recommendation to the City Council,
ultimately leading to project approval.
After Planning Commission input, the City Council approved a Specific Plan Amend ment and
certified a Supplemental EIR on August 17, 2018. This action addressed minor changes related
to project phasing and did not change the basic project parameters related to development and
buildout.
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Policy Context
The approved San Luis Ranch Specific Plan and related entitlements are consistent with the
City’s adopted General Plan, and findings to that effect were made in both the original project
approved in July 2017 as well as the amended project approval in August 2018. An evaluation
of the project’s consistency with General Plan policies is discussed at length in Section 4.9 of the
certified Final EIR.
The Specific Plan requires that funding mechanisms be included to ensure that public
infrastructure is coordinated with future development und er the plan. The formation of a CFD is
consistent with this requirement. A CFD, as enabled by the Community Facilities District Act of
1982, allows a local jurisdiction to levy a special tax within a specified area to pay for public
services and/or infra structure needed within the area. Over the past three decades, CFDs have
become a common mechanism for cities to fund services and finance development -related
infrastructure and the use of a CFD in this case is consistent with the City’s Economic
Development Strategic Plan and the General Plan.
The General Plan provides specific policies related to the funding of infrastructure noted below:
1.13.6. Required Plans: The City shall not allow development of any newly annexed
private land until the City has adopted a specific or development plan for land uses, open
space protection, roads, utilities, the overall pattern of subdivision, and financing of
public facilities for the area.
1.13.9. Costs of Growth: The City shall require the costs of public facilities and services
needed for new development be borne by the new development, unless the community
chooses to help pay the costs for a certain development to obtain community-wide
benefits. The City shall consider a range of options for financing measures so that new
development pays its fair share of costs of new services and facilities which are required
to serve the project and which are reasonably related to the new growth attributable to the
development.
Public Engagement
The Planning Commission considered and provided input on the originally-approved San Luis
Ranch project on nine occasions from 2014 through 2017, before finally recommending approval
in June 2017. As noted under “Previous Council or Advisory Body Action”, the approved
project was considered in a variety of public workshops and hearings before many of the City’s
advisory bodies from 2014 through project approval as amended in 2018.
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Next Steps in the Formation Process
The CFD formation is initiated by the City Council by adopting the Resolution of Intention to
form the San Luis Ranch CFD. The Resolution of Intention mobilizes a statutory formation
process that includes the following steps:
a. Adopt Resolution of Intention
b. Prepare legal map of CFD boundary and conduct voter determination
c. Finalize Rate and Method of Apportionment
d. Adopt Resolution of Formation (ROF)
e. Conduct election (obtain landowner approval)
f. Adopt Ordinance to Levy Special Tax
These steps have been scheduled to occur before the end of April 2019, assuming adoption of the
San Luis Ranch Resolution of Intention at the February 19, 2019 Council meeting.
The longer-term implications of the formation of both the Avila and San Luis Ranch CFDs that
work in coordination with the approved entitlements, reimbursement agreements, revamped AB
1600 fee program and CIP projects is that ongoing specialized financing expertise will be needed
to align and support the ongoing administration of and legal compliance of these financing
programs. Staff intends to recommend adding a position, primarily supported through fees
associated with these financing programs, to support this need as part of the 2019-2021 Financial
Plan.
CONCURRENCES
The City’s review of the CFD formation process has involved all City departments in the
development revie w process. No additional conditions of approval or mitigation measures will
be applied to the CFD formation process, but the CFD will facilitate the project’s
implementation, which is subject to the conditions of approval and mitigation measures
previously associated with the approved project, as most recently revised in July 2018.
ENVIRONMENTAL REVIEW
The City Council unanimously certified a Final Environmental Impact Report (FEIR) prepared
pursuant to the California Environmental Quality Act (CEQA), a nd approved the project on July
18, 2017, as memorialized in City Council Resolution No. 10822 (2017 Series). A Notice of
Determination (NOD) was prepared, and there were no legal challenges to the adequacy of the
Final EIR during the 30-day statute of limitations associated with the NOD, pursuant to CEQA
(PRC Section 21167 and CEQA Guidelines Section 15094). A Supplement to the Final EIR
(“Final Supplemental EIR” or “FSEIR”) was prepared to address the Specific Plan Amendment
and certified in conjunction with the approval of that amendment on July 17, 2018. In addition,
and Addendum to the Final EIR was prepared to address a minor modification to the
Transportation Impact Study (TIS) that formed the basis for determining traffic -related impacts
under CEQA. This Addendum was approved in July 2018 and is part of the CEQA record.
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Development and other related administrative actions related to project financing, including the
Development Agreement and CFD, are collectively addressed in the Final EIR, Final
Supplemental EIR and Addendum.
The formation and implementation of the CFD itself may also be considered Categorically
Exempt under CEQA, based on Section 15306 of the CEQA Guidelines. This provision of
CEQA addresses actions such as “information gathering”, specifically as they relate to “basic
data collection” or “research activities which do not result in a serious or major disturbance to
an environmental resource. These may be strictly for information gathering purposes, or as part
of a study leading to an action which a public agency has not yet approved, adopted, or funded.”
In this case, the CFD represents a mechanism that implements research and data collected with
respect to project financing and implements development that has already been evaluated under
CEQA and previously approved. No further environmental impacts are anticipated as a result of
the CFD. The CFD is also Statutorily Exempt from CEQA as part of “an ongoing project”, as
defined in Section 15261 of the CEQA Guidelines.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2019
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund
State
Federal
Fees $60,690 $0 $0 Ongoing
administrative
costs funded
through special
tax proceeds.
Other:
Total $60,690 0 0
There will be no net fiscal impact related to forming the CFD. While there will be City costs
involved in establishing and administering the San Luis Ranch CFD, t hese costs are funded by
CFD special tax proceeds. All consultant costs associated with the formation of the CFD are paid
for by the developer through reimbursement agreements. The city also charges a 30% fee on
developer reimbursement agreements to cover the city’s one-time administration costs. The
financial analysis conducted for the formation process has budgeted these costs.
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ALTERNATIVES
1. Adopt the Proposed Resolutions and CFD Goals and Policies. The City Council may adopt
the Resolution of Intention and Resolution to Incur Bond Indebtedness, which initiates the
process to form a CFD. The Council would also adopt a Local CFD Goals and Policies
document to help guide the process.
2. Do not adopt the Proposed Resolutions and CFD Goals and Policies. The City Council
could choose not to adopt the proposed resolutions and CFD goals/policies, in which case the
CFD process is not initiated. In this case, the project will not move forward without
identifying and implementing an alternative financing mechanism to provide for needed
public infrastructure that is a prerequisite for development under the approved Specific Plan.
This action would also impair the ability to build the Prado Road Interchange in the near
future, since that project depends in part on fees generated by the approved project.
3. Direct modifications and continue the Hearing to a Date Certain. The City Council may
continue the hearing to a date certain if it feels additional technical information is needed to
initiate the CFD process. If additional information is needed, direction should be provided to
staff so that it can be presented on that date.
Attachments:
a - Resolution Adopting Local Goals and Policies
b - Resolution of Intention to Form a CFD
c - Exhibit A: Eligible Facilities
d - Exhibit B: Rate and Method of Apportionment
e - Resolution to Incur Bonded Indebtedness
f - Deposit and Reimbursement Agreement
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RESOLUTION NO. _____ (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA ADOPTING LOCAL GOALS AND POLICIES
FOR MELLO-ROOS COMMUNITY FACILITIES DISTRICTS
WHEREAS, Section 53312.7(a) of the California Government Code provides that, on
and after January 1, 1994, a local agency may initiate proceedings to establish a community
facilities district pursuant to the Mello -Roos Community Facilities Act of 1982 (the “Act”) only
if it has first considered and adopted local goals and policies concerning the use of the Act ; and
WHEREAS, the City Council of the City of San Luis Obispo (the “City”) has
determined that there may be a need in the future for the City to in itiate proceedings to establish
one or more community facilities districts under the Act ; and
WHEREAS, the City has considered local goals and policies concerning the use of the
Act ; and
WHEREAS, there has been presented to this meeting a compilation of such goals and
policies entitled the “City of San Luis Obispo Local Goals and Policies for Mello-Roos
Community Facilities Districts” (the “Goals and Policies”), a copy of which is attached to this
Resolution as Exhibit A; and
WHEREAS, the City Council desires to adopt the Goals and Policies as the City’s local
goals and policies concerning the use of the Act ; and
WHEREAS, the City Council desires that the Goals and Policies supersede the existing
“Land-Based Financings” policies provided in the City’s Budget and Fiscal Po licies.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Cit y of San Luis
Obispo as follows:
SECTION 1. The City Council hereby adopts the Goals and Policies as the City’s local
goals and policies concerning the use of the Act ; which Goals and Policies shall supersede and
replace the City’s “Land-Based Financings” policies provided in the City’s Budget and Fiscal
Policies as shown in the adopted 2017-2019 Financial Plan and 2018-2019 Supplemental
Budget.
SECTION 2. The officers of the City are hereby authorized and directed to take all
actions and do all things which they, or any of them, may deem necessary or desirable to
accomplish the purposes of this Resolut ion and not inconsistent with the provisions hereof.
SECTION 3. The City Council finds that the Goals and Policies approved by this
Resolution contain the matters prescribed by Section 53312.7 of the Act and that adoption of the
Goals and Policies enables the City Council to initiate proceedings to establish community
facilities districts pursuant to the Act.
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SECTION 4. This Resolution shall take effect immediately upon its adoption.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2019.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
Cit y Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo , California, this ______ day of ______________, _________.
____________________________________
Teresa Purrington
City Clerk
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EXHIBIT A
CITY OF SAN LUIS OBISPO
LOCAL GOALS AND POLICIES FOR MELLO-ROOS COMMUNITY
FACILITIES DISTRICTS
INTRODUCTION
Section 53312.7(a) of the California Go vernment Code provides that a local agency may initiate
proceedings to establish a community fac ilities district (a “Community Facilities District”)
pursuant to the Mello -Roos Community Facilities Act of 1982 (the “Act ”) only if it has first
considered and adopted local goals and policies concerning the use of the Act. The following
goals and policies have been considered and adopted by the City of San Luis Obispo (the “City”)
and are intended to meet the requirements of the Act.
In each and every circumstance, the decision as to whether or not the City will make use of the
Act is a decision that will be made solely by the City. Nothing contained herein shall be
construed as obligating the City to make use of the Act in any circumstance or as granting to any
person any right to have the City make use of the Act in any circumstance.
GENERAL POLICY STATEMENT
When establishing a Community Facilities District for the purpose of issuing bonds, the City will
exercise a fiscally conservative approach to minimize any financing risks to bondholders and
maintain the City’s good financial reputation. The individual and cumulative financial impact of
the City’s use of the Act will be carefully evaluat ed.
It is the City’s intention to act as lead agency whenever use is made of the Act to finance
facilities to be owned or operated by the City.
ELIGIBLE PUBLIC FACILITIES AND SERVICES
Generally, the improvements eligible to be financed by a Community Fa cilities District must
have a useful life of at least five (5) years and must be owned by the City or another public
agency. In some cases, up to five percent of the proceeds of an issue may be used for privately-
owned facilities owned and operated by a pr ivately-owned public utility and the funding of
facilities to be owned by a public utility shall be considered on a case-by-case basis. The
develop ment or redevelopment proposed within a Community Facilities District must be
consistent with the City’s General Plan and must have received any required legislative
approvals such as zoning or specific plan approvals prior to the issuance of any bonds. The City
Council may approve a Community Facilities District that includes some land without legislative
approvals if the improvements are consistent with the City’s General Plan and the City Council
finds t he improvements are required in the public interest .
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The list of eligible public facilities include, but are not limited to, the types of facilities specified
in Government Code section 53313.5, as it currently exists or may hereafter be amended. The
funding of public facilities to be owned and operated by public agencies other than the City shall
be considered on a case-by-case basis. If the proposed financing is consistent with a public
facilities financing plan approved by the City, or the propo sed facilities are otherwise consistent
with approved land use plans for the property, the City may consider entering into a joint
community facilities agreement or jo int exercise of powers agreement in order to finance these
facilities. A joint agreement with the public agency that will own and operate any such facility
must be entered into at the time specified in the Act.
The City will consider on a case-by-case basis Community Facilities Districts established for the
provision of services eligible to be funded under the Act, including services to be provided by
other public agencies. Eligible services include all services specified in the Act, as it currently
exist s or may hereafter be amended.
PRIORITIES FOR FINANCING
The priority that various kinds of public facilities and services will have for financing through
the City’s use of the Act is as follows:
(a) services authorized to be financed pursuant to the Act;
(b) backbone infrastructure to be owned and/or operated by the City that is required
to serve proposed development and that is identified in an infrastructure master plan,
specific plan or other appropriate document approved by the City as a major backbon e
infrastruct ure element (including public facilities financed in lieu of the payment of
development fees imposed by the City); and
(c) other public facilities (including in-tract infrastructure) to be owned and/or
operated by the City for which there is a clearly demonstrated public benefit (including
public facilities financed in lieu of the payment of development fees imposed by the
City).
Public facilities to be owned and/or operated by a public agency other than the City, including
such public facilit ies financed in lieu of the payment of development fees imposed by such
public agency, will, generally, not be financed through the City’s use of the Act; provided,
however, that the City may consider the financing of such facilities on a case by case basis.
BOND ISSUE CREDIT QUALITY REQUIREMENTS
Project Viability. The viability of the development project within a Community Facilities
District is a critical component of the credit quality of a Community Facilities District bond
issue. Accordingly, the viability of each such development project will be reviewed and
evaluated by the City. Under most circumstances, the viability of a development project is
enhanced as the project moves further through the development process. Therefore, generally, a
Communit y Facilities District will be established only if (a) the proposed development within the
Community Facilities District is permitted by the zoning or a specific, community or site plan
applicable thereto, and (b) tract or parcel maps for the proposed development within the
Community Facilities District have been approved by the City Council. Further more, bonds of a
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Community Facilities District will generally not be issued unless final tract maps have been
recorded with respect to at least the first phase o f the property proposed to be developed within
the Community Facilities District.
Value-to-Lien Ratios. The City will require that the credit quality of any Community Facilities
District bond issue be such that the requirements of Section 53345.8 of the California
Government Code will be met.
If final tract maps have not been recorded with respect to a substantial portion of the property
proposed to be developed within the Community Facilities District, the City will generally
require that the value of each parcel with respect to which a final tract map has not been recorded
be at least three times the sum of (a) the principal amount of the Community Facilities District
bonds allocable, on such reasonable basis as the City may determine, to such parcel, p lus (b) the
principal amount of all other bonds outstanding that are secured by a special tax le vied pursuant
to the Act on property within the Community Facilities District allocable, on such reasonable
basis as the City may determine, to such parcel, plus (c) the principal amount of all other bonds
outstanding that are secured by a special assessment levied on property within the Community
Facilities District allocable, on such reasonable basis as the City may determine, to such parcel.
Any determination of value of such parcel shall be based upon the full cash value as shown on
the ad valorem assessment roll or upon an appraisal of such parcel made in a manner consistent
with these goals and policies.
If the property within the boundaries of the Community Facilities District includes
parcels to be developed with industrial or commercial buildings, including multi-family rental
units, the City generally will require that the value of each such parcel be at least four times the
sum of (a) the principal amo unt of the Co mmunity Facilities District bonds allocable, on such
reasonable basis as the City may determine, to such parcel, plus (b) the principal amount of all
other bonds outstanding that are secured by a special tax levied pursuant to the Act on prope rty
within the Community Facilities District allocable, on such reasonable basis as the City may
determine, to such parcel, plus (c) the principal amount of all other bonds outstanding that are
secured by a special assessment levied on property within the Community Facilities District
allocable, on such reasonable basis as the City may determine, to such parcel. Any
determination of value of such parcel shall be based upon the full cash value as shown on the ad
valorem assessment roll or upon an appraisal of such parcel made in a manner consistent with
these goals and policies.
Reserve Fund. To enhance the credit quality of Community Facilities District bond issues, the
City generally will require that each such bond issue be secured by a reserve fund. Generally,
each such reserve fund will be required to be funded (with cash or an acceptable reserve surety
or other credit facility) in an amount no less than the least of (a) 10% of the initial principal
amount of the bonds of such issue, (b) maximum annual debt service on the bonds of such issue,
or (c) 125% of the average annual debt service on the bonds of such issue. Notwithstanding the
foregoing, bonds issued on a parity basis with other bonds of a Community Facilities District
may be secured by a pooled reserve fund sized with respect to all bonds for such Community
Facilities District rather than of each issue.
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Credit Enhancement. If the value-to-lien ratio is less than the amounts specified above, the City
will require that each developer of property within a Community Facilities District provide credit
enhancement to increase the credit qualit y of bonds issued by such Community Facilities
District; provided, however, that such credit enhancement generally will not be required if a
third-party independent absorption consultant estimates that all of the units within such
Community Facilities Dist rict will be purchased, leased or rented by end users no later than three
years after the date such bonds are issued. Such credit enhancement will usually be the in form of
an irrevocable letter of credit, will be required to be in an amount not less than two times the
amount of annual special taxes levied on property owned by such developer for which a
certificate of occupancy has not been issued by the City and will be required to remain in effect
until no more than 7% of the annual special tax levy is le vied on property owned by such
developer for which a certificate of occupancy has not been issued by the City. Such letter of
credit will generally be required to be issued or guaranteed by an entity, the long-term unsecured
obligations of which are rated at least “A” by Moody’s Investors Service or Standard & Poor’s
Ratings Service.
Capitalized Interest. Generally, the amount of capitalized interest funded for a Community
Facilities District bond issue will be limited to the amount necessary to pay debt service on the
bonds for 18 months from the date of issuance of the bonds; provided, however, that the amount
of such capitalized interest funded may be increas ed if required to provide the amount necessary
to pay debt service on the bonds until the first interest payment date occurring after the levy of
the special taxes may be included in the real property tax roll.
Bond Structure. The term to maturity of any Community Facilities District bonds will not
exceed 30 years from their date of issuance; provid ed that the City may issue bonds with
maturity of greater length at its discretion. The interest payment dates for any Community
Facilities District bonds (other than variable rate bonds) will be March 1 and September 1 and
the principal payment date for any Community Facilities District bonds will be September 1.
Generally, Community Facilities District bonds will be structured such that, once principal
amortization thereof has commenced, debt service thereon will be substantially level; provided
that the City may issue bonds with debt service escalating by no greater than 2% per year at its
discretion.
An escrow bond structure for Community Facilities District bonds will not be employed unless
such a structure advances an extraordinary City development ob jective. Generally, Community
Facilities District bonds will be issued as fixed rate bonds; provided, however, that, if a
Community Facilities District includes only property to be developed with industrial or
commercial buildings, including multi-family r ental units, bonds for such a Community
Facilities District may be issued as variable rate bonds if the landowner causes to be provided
appropriate credit enhancement and liquidity for such bonds and causes to be met such other
conditions as must be met in order for such bonds to be viably and effectively marketed and
remarketed as variable rate bonds.
Suitable Investors. The City will require that bond financings be structured so that bonds are
purchased and owned by suitable investors. For example, the City may require placement of
bonds with a limited number of sophisticated investors, large bond denominations and/or transfer
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restrictions in situations where there is an insufficient value-to-lien ratio, where a substantial
amount of the property within the Community Facilities District is undeveloped, where tax
delinquencies are present in parcels within the Community Facilities District, and in any other
sit uation identified by the City where such restrictions would be necessary.
DISCLOSURE TO PROSPECTIVE PROPERTY PURCHASERS
In order to ensure that prospective property purchasers are fully informed about their taxpaying
obligations imposed under the Act, the City will require that the requirements of disclosure to
prospective property purchasers contained in the Act, including, but not limited to, Sections
53328.3, 53328.5 (including the referenced sections of the California Streets and Highways
Code), 53340.2 and 53341.5 of the California Government Code, be met.
The City shall provide a notice of special taxes to sellers of property (other than developers) that
will enable them to comply with their notice requirements under Section 1102.6 of the California
Civil Code. This notice shall be provided by the City (or a special tax consultant contracted by
the City for such purpose) within five working days of receiving a written request for the notice.
A reasonable fee may be charged for providing the notice, not to exceed any maximum fee
specified in the Act.
EQUITY OF SPECIAL TAX FORMULAS AND MAXIMUM SPECIAL TAXES
Reasonable Basis of Apportionment. Special taxes must be allocated and apportioned on a
reasonable basis to all categories and classes of property (other than exempt property) within the
Community Facilities District. Exemptions from the special tax may be given to parcels which
are publicly-owned, are held by property owners associations, are dedicated for use for a public
purpose or are affected by public utility easements making impractical their utilization for other
than the purposes set forth in t he easement. Special taxes will only be levied on an entire county
assessor’s parcel, and any allocation of special tax liability of a county asse ssor’s parcel to
leasehold or possessory interest in fee ownership of such county assessor’s par cel shall be the
responsibility of the fee owner of such parcel and the City shall have no responsibility therefore
and has no interest therein. Failure of the owner of any county assessor’s parcel to pay or cause
to be paid any special taxes in full when due shall subject the entire parcel to foreclosure in
accordance with the Act.
Feasibility Analysis. The City may retain a special tax consultant to prepare a report which: (a)
recommends a special tax for the proposed Community Facilities District, and (b) evaluates the
special tax proposed to determine its ability to adequately fund identified public facilities, City
administrative costs, services (if applicable) and other related expenditures. Such analysis shall
also address the resulting aggregate tax burden of all proposed special taxes plus existing special
taxes, ad valorem taxes and assessments on the properties within the Community Facilities
District.
Total Tax and Fee Burden.
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Tax Burden. The total tax burden (consisting of the anticipated annual Community Facilities
District special tax, together with ad valorem property taxes, special assessments, special taxes
for any overlapping community facilities district, and any other governmental taxes, fees and
charges payable from and secured by t he property, based on expected rates and not including any
“back-up” special taxes) (the “Total Tax Burden”) on any parcel in a Community Facilities
District on which a for-sale residential unit has been, is being or is to be constructed shall not
exceed 1.95% of the estimated base sales price of such parcel upon completion of the public and
private improvements relating thereto.
Detached Unit Tax and Fee Burden. The sum of (a) the Total Tax Burden, plus (b) the
anticipated annual property owners’ associat ion fee or charge on or with respect to any parcel in
a Community Facilities District on which a for -sale detached residential unit has been, is being
or is to be constructed (the amount of which anticipated fee or charge shall be demonstrated to
the reaso nable satisfaction of the City) shall not exceed 2.15% of the estimated base sales price
of such parcel upon completion of the public and private improvements r elating thereto.
Attached Unit Tax and Fee Burden. The sum of (a) the Total Tax Burden, plus (b) the anticipated
annual property owners’ association fee or charge on or with respect to any parcel in a
Community Facilities District on which a for -sale attached resident ial unit has been, is being or
is to be constructed (the amount of which anticipated fee or charge shall be demonstrated to the
reasonable satisfaction of the City) shall not exceed 2.55% of the estimated base sales price of
such parcel upon completion of the public and private improvements relating thereto.
Rate and Method of Apportionment. The rate and method of apportionment for Community
Facilities District special taxes must be structured so as to produce special tax revenues sufficient
to pay (a) the costs of services authorized to be financed by the Community Facilities District,
(b) reasonable and necessary annual administrative expenses of the Community Facilities
District, and (c) debt service on all Community Facilities District bond s. Additionally, the rate
and method of apportionment may be structured so as to produce amount s sufficient to fund (a)
any amounts required to establish or replenish any reserve fund established for a Community
Facilities District bond issue, (b) amounts to pay directly the costs of public facilities authorized
to be financed by the Community Facilities District, (c) the accumulation of funds reasonably
required for future debt service on Community Facilities District bonds, (d) amounts equal to
projected delinquencies in special tax payments, (e) remarketing, credit enhancement or liquidity
fees, and (f) any other costs or payments permitted by law.
In any case, the Community Facilities District special tax rate and method of apportionment must
be struct ured such that the projected maximum special ta x that could be levied in any fiscal year
would produce special tax revenues at least equal to (a) the projected costs of services to be
financed by the Community Facilities District in such fiscal year, plus (b) the projected
administrative expenses of the Community Facilities District for the calendar year commencing
in such fiscal year, plus (c) 110% of the projected annual debt service on all Community
Facilities District bonds for the calendar year commenc ing in such fiscal year. Generally, the rate
and method of apportionment for Community Facilities District special taxes will be required to
include a back-up tax so that changes in development within the Community Facilities District
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would not result in t he inability to levy special taxes that would produce special tax revenues in
such amounts.
Increases in Special Tax. The annual increase, if any, in the maximum special tax for any parcel
within a Community Facilities District may not exceed any maximum specified in the Act. The
increase in the special tax levied on any parcel within a Community Facilities District as a
consequence of delinquency or default by the owner on any other parcel may not exceed any
maximum specified in the Act.
Prepayment of Special Tax. Generally, the special tax rate and method of apportionment for a
Community Facilities District will be structured so as to allow the prepayment by property
owners of special taxes levied to finance facilities.
APPRAISALS
Except as provided below, the definitions, standards and assumptions to be used in appraisals
required in connection with the City’s use of the Act for Community Facilities Districts are as set
forth in the Appraisal Standards for Land Secured Financings published by the California Debt
and Investment Advisory Commission and dated May 1994 (the “CDIAC Guidelines”), with the
following modifications:
(a) the independent review appraiser is an option, and not a requirement;
(b) the comparable sales method may be used whenever there is sufficient data
available;
(c) the appraiser should assume the presence of the public infrastructure to be
financed with the bonds in connection with which the appraisal is being prepared; and
(d) the special tax lien need not be computed as the present value of the future tax
payments if there is a prepayment mechanism or other appropriate measure.
Notwithstanding the foregoing, if there is a conflict between the definitions, standards or
assumptions in the CDIAC Guidelines and the corresponding definitions, standards or
assumptions in the Uniform St andards of Professional Appraisal Practice o f the Appraisal
Foundation (“USPAP”), USPAP shall govern.
Appraisals must be dated within three months of the date the bonds are priced, unless the City
Council determines a longer time is appropriate.
All costs associated with the preparation of the appraisal report shall be paid by the entity
requesting establishment of the Community Facilities District, if applicable, through the deposit
mechanism described below.
ABSORPTION STUDY
Generally, for all new residential development, and in such other cases as may be appropriate,
the City will select and employ an independent market absorption consultant to perform a market
absorption study of the proposed develop ment within the Community Facilities District. Such
market absorption study shall provide the market absorption consultant’s estimates, based on
specified economic and demographic data, of the rates at which the finished products (lots or
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completed buildings or units) will be sold to final users and, generally, shall include an analysis
of competitive prices for the product types proposed to be developed within the Community
Facilities District.
ACQUISITION OF FACILITIES
Public facilities that are financed through a Community Facilities District will, generally, be
constructed by or on behalf of the landowners and, upon completion, be acquired by the City
with proceeds of the Community Facilities District bonds in accordance with the provisions of an
acquisition agreement by and among the Community Facilities District, the City and such
landowners (or their designee) entered into at or prior to the time such bonds are issued. Such
acquisition agreement will, generally, provide (a) that the acquisition price to be paid for an
improvement shall not include costs fo r professional services related to the construction of such
improvement, including, engineering, legal, accounting, inspection, construction staking,
materials testing and similar professional service s, in excess of 15% of the actual, reasonable
cost of co nstructing such improvement, (b) that the acquisition price to be paid for an
improvement shall not include costs for the contractor’s construction management, bid
administration and contract administ ration services in excess of 5% of the actual, reasonable cost
of constructing such improvement, and (c) that the acquisition price to be paid for an
improvement shall not include an amount for the overhead of the landowners (or their designee).
DISCLOSURE FOR BOND ISSUES
Initial Disclosure. Each owner of property within a Community Facilities Dist rict that has not
reached its planned development stage and that will be responsible for 10% or more of annual
debt service on an issue of Community Facilities District bonds will be required to provide for
inclusion in the official statement or other offering materials distributed in connection with the
offering and sale of such bonds such information as may be required for the City to comply with,
satisfy any requirements of, or avoid any liability under, any applicable federal or state securities
laws.
Continuing Disclosure. Each owner of property within a Community Facilities District, and
each subsequent owner of property therein, that has not reached its p lanned development stage
and that will be responsible for 20% or more of annual debt service on an issue of Community
Facilities District bonds will be required to provide such information, on an ongoing basis, as
may be required for the underwriter of such bonds to satisfy the requirements imposed on it
pursuant to Rule 15c2-12 promulgated under the Securities Exchange Act of 1934.
APPLICATION AND DEPOSITS
The application form for a proposed Community Facilities District may be obtained from
the Finance Director. Co mpleted applications shall be returned to the Finance Director and must
be accompanied by the required deposit described below. A Staff Review Committee, consisting
of the City Manager (or designated representative), Community Development Dire ctor, Finance
Director, City Engineer, and such other staff members or outside consultants as the City deems
appropriate, will review the application for compliance with these goals and policies and will
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make a recommendation to the City Council as to whet her or not to proceed with the proposed
Community Facilities District.
The costs of the proceedings for a Community Facilities District financing initiated by
petition of landowners will be borne by the petitioners. No action will be taken on any petitio n
unless and until a deposit of funds is made by the petitioners with the City. The deposit must be
sufficient to cover the expense of City staff time, the costs of non-contingent outside consultants
retained for the financing and the costs of recordings, filings, duplication, mailings and
deliveries. In general, the deposit will not be less than $50,000, and may be more, as required by
the City. The deposit must be increased upon demand of the City if at any time the City
determines that the remaining amount is not sufficient to cover anticipated remaining expenses
and costs. If the additional amount is not paid within ten business days of the mailing of a
written demand by the City to the petitioners, the City will cease all activities with respect to t he
Community Facilities District financing until the additional amount is paid. The initial deposit
and any additional amounts will be held by the City and used only for the expenses and costs
incurred in connection with the Community Facilities District proceedings. Any balance of such
deposit remaining upon completion of the Community Facilities District proceedings, or the
abandonment thereof, and not needed to pay expenses and costs relating thereto will be returned
to the petitioner. The use of the deposit shall in no way be construed as requiring the City to
issue Community Facilit ies District bonds or to provide reimbursement from the proceeds
thereof for portions of the deposit that are expended. If bonds are issued by a Community
Facilities District, t he petitioners will be reimbursed from bond proceeds for the portion of such
deposit that has been expended or encumbered. In connection with the making of such deposit by
the petitioner, the City and the petitioner will enter into a Deposit and Reimbursement
Ag reement providing for the use, application, expenditure and reimbursement of such deposit.
CONSULTANTS
The City will select all consultants to be retained by the City for a Community Facilities District
financing, including, but not limited to, the financial advisor, special tax consultant, bond
counsel, disclosure counsel, und erwriter, market absorption consultant, appraiser and trustee.
Providers of letters of credit, bond insurance policies, surety bonds or other credit enhancements
are also subject to City approval. Consultants, including legal counsel and developer specia l tax
consultant, to the applicant or other property owner within the Community Facilities District will
be selected, retained and paid by the applicant or such property owner; such consultants will not
be paid from the proceeds of the financing.
MINIMUM STANDARDS; WAIVERS AND AMENDMENT
The policies set forth herein reflect the minimum standards under which the City will make use
of the Act to finance public facilities. The City may, in its discretion, require additional
measures and procedures, enhanced security and higher standards in particular cases.
The City may, in its discretion and to the extent permitted by law, waive any of the policies set
forth herein in particular cases. Such waivers will be granted only by action of the City Council.
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The goals and policies set forth herein may be amended at any time and from time to time by the
City.
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R ______
RESOLUTION NO. _____ (2019 SERIES)
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF SAN LUIS OBISPO, CALIFORNIA, TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE
LEVY OF SPECIAL TAXES
WHEREAS, the City Council (the “City Council”) of the City of San Luis Obispo (the
“City”) has received a written petition (the “Petition”) from MI San Luis Ranch, LLC, a Delaware
limited liability company (the “Landowner”), requesting the institution of proceeding s for the
establishment of a community facilities district (the “Community Facilities District”), describing
the boundaries of the territory that is proposed for inclusion in the Community Facilities District
and specifying the types of facilities to be financed by the Community Facilities District ; and
WHEREAS, the Landowner has represented and warranted to the City Council that the
Landowner is the owner of 100% of the territory proposed to be included within the Community
Facilities District and not pro posed to be exempt from the special tax and that there are no
registered voters residing in the territory proposed to be included within the Community Facilities
District ; and
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (the “Act”), the
City Council is authorized to establish the Community Facilities District ; and
WHEREAS, Section 53314.9 of the Act provides that, at any time either before or after
the formation of a community facilities district, the legislative body may accept advances of funds
from any source, including, but not limited to, private persons or private entities and may provide,
by resolution, for the use of those funds for any authorized purpose, including, but not limit ed to,
paying any cost incurred by the local agency in creating a community facilities district ; and
WHEREAS, Section 53314.9 of the Act further provides that the legislative body may
enter into an agreement, by resolution, with the person or entity advancing the funds, to repay all
or a portion of the funds advanced, as determined by the legislative body, with or without interest,
under all the following conditions: (a) the proposal to repay the funds is included in both the
resolution of intention to est ablish a community facilities district adopted pursuant to Section
53321 of the Act and in the resolution of formation to establish a community facilities district
pursuant to Section 53325.1 of the Act, (b) any proposed special tax is approved by the qual ified
electors of the community facilities district pursuant to the Act, and (c) any agreement shall specify
that if the qualified electors of the community facilities district do not approve the proposed special
tax, the local agency shall return any fund s which have not been committed for any authorized
purpose by the time of the election to the person or entity advancing the funds ; and
WHEREAS, the City and the Landowner intend to enter into a Deposit and
Reimbursement Agreement, dated as of February 1, 2019 (the “Deposit Agreement”), that provides
for the advancement of funds by the Landowner to be used to pay costs incurred in connection
with the establishment of the Community Facilities District and the issuance of special tax bonds
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thereby, and provides for the reimbursement to the Landowner of such funds advanced, without
interest, from the proceeds of any such bonds issued by the Community Facilities District ; and
WHEREAS, the City desires to include in this Resolution, in accordance with Section
53314.9 of the Act, the proposal to repay funds pursuant to the Deposit Agreement .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The City Council hereby finds that the Petition is signed by the owner of
the requisite amount of land proposed to be included in the Community Facilities District.
SECTION 3. The City Council proposes to establish a community facilities district under
the terms of the Act. The boundaries of the territory proposed for inclusion in the Community
Facilities District are described in the map showing the proposed Community Facilities District
(the “Boundary Map”) on file with the City Clerk of the City (the “City Clerk”), which boundaries
are hereby preliminarily approved and to which map reference is hereby made for further
particulars. The City Clerk is hereby directed to sign the original Boundary Map and record, or
cause to be recorded, the Boundary Map with all proper endorsements thereon in the office of the
San Luis Obispo County Recorder within 15 days of the date of adoption of this Resolution, all as
required by Section 3111 of the California Streets and Highways Code.
SECTION 4. The name proposed for the Community Facilities District is “City of San
Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch)”.
SECTION 5. The public facilities (the “Facilities”) proposed to be financed by the
Community Facilities District pursuant to the Act are described under the caption “Facilities” on
Exhibit A hereto, which is by this reference incorporated herein. All of the Facilities to be financed
will have an estimated useful life of five years or longer. They are public improvements that the
City or another governmental entity is authorized by law to construct, own or operate or to which
they contribute revenue. The Facilities to be financed are necessary to meet increased demands
placed upon the City as the result of the development planned to occur in the proposed Community
Facilities District. The incidental expenses proposed to be incurred are identified under the caption
“Formation, Administrative and Incidental Expenses” on Exhibit A hereto. All or any portion of
the Facilities may be financed through a financing plan, including, but not limited to, a lease, lease-
purchase or installment -purchase arrangement. To the extent the Facilities will not be constructed
by the City, in the opinion of the City the public interest will not be served by allowing the property
owners in the Community Facilities District to intervene in a public bidding process pursuant to
Section 53329.5(a) of the Act.
SECTION 6. Except where funds are otherwise available, a special tax sufficient to pay
for all Facilities, secured by recordation of a continuing lien against all nonexempt real property
in the Community Facilities District, will be annually levied within the Community Facilities
District. The rate and method of apportionment of the special tax (the “Rate and Method”), in
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sufficient detail to allow each landowner within the proposed Community Facilities District to
estimate the maximum amount that he or she will have to pay, is described in Exhibit B a ttached
hereto, which is by this reference incorporated herein. The conditions under which the obligation
to pay the special tax to pay for Facilities may be prepaid and permanently satisfied are specified
in the Rate and Method. The special tax will be co llected in the same manner as ordinary ad
valorem property taxes or in such other manner as the City Council shall determine, including
direct billing of the affected property owners.
SECTION 7. The tax year after which no further special tax to pay for Facilities will be
levied against any parcel used for private residential purposes is specified in the Rate and Method.
Under no circumstances shall the special tax to pay for Facilities in any fiscal year against any
parcel used for private residential purposes be increased as a consequence of delinquency or default
by the owner or owners of any other parcel or parcels within the Community Facilities District by
more than 10% above the amount that would have been levied in that fiscal year had there never
been any such delinquencies or defaults. For purposes of this paragraph, a parcel shall be
considered “used for private residential purposes” not later than the date on which an occupancy
permit for private residential use is issued.
SECTION 8. Pursuant to Section 53344.1 of the Act, the City Council hereby reserves to
itself the right and authority to allow any interested owner of property within the Community
Facilities District, subject to the provisions of said Section 53344.1 and to those conditions as it
may impose, and any applicable prepayment penalties as prescribed in the bond indenture or
comparable instrument or document, to tender to the Community Facilities District treasurer in
full payment or part payment of any installment of the special taxes or the interest or penalties
thereon which may be due or delinquent, but for which a bill has been received, any bond or other
obligation secured thereby, the bond or other obligation to be taken at par and credit to be given
for the accrued interest shown thereby computed to the date of tender.
SECTION 9. The City Council hereby fixes Tuesday, April 2, 2019, at 6:00 p.m., or as
soon thereafter as the City Council may reach the matter, at 990 Palm Street, San Luis Obispo,
California, as the time and place when and where the City Council will conduct a public hearing
on the establishment of the Community Facilities District.
SECTION 10. The City Clerk is hereby directed to publish, or cause to be published, a
notice of said public hearing one time in a newspaper of general circulation published in the area
of the proposed Community Facilities District. The publication of said notice shall be completed
at least seven days prior to the date herein fixed for said public hearing. Said notice shall contain
the information prescribed by Section 53322 of the Act.
SECTION 11. The levy of said proposed special tax shall be subject to the approval
of the qualified electors of the Community Facilities District at a special election. Because there
are no registered voters in the proposed Community Facilities District and there are expected to be
no registered voters on the date of the election, the landowners will be the qualified electors
pursuant to the Act. The proposed voting procedure shall be by mailed or hand-delivered ballot
among the landowners in the Community Facilities District, with each owner having one vote for
each acre or portion of an acre such owner owns in the Community Facilities District.
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SECTION 12. Each officer of the City who is or will be responsible for providing
one or more of the proposed types of Facilities is hereby directed to study, or cause to be studied,
the proposed Community Facilities District and, at or before said public hearing, file a report with
the City Council co ntaining a brief description of the Facilities by type which will in his or her
opinion be required to adequately meet the needs of the Community Facilities District, and his or
her estimate of the cost of providing the Facilities. Such officers are hereby also directed to
estimate the fair and reasonable cost of the Facilities proposed to be purchased as completed public
facilities and of the incidental expenses proposed to be paid. Such report shall be made a part of
the record of said public hearing.
SECTION 13. The Deposit Agreement, in substantially the form submitted to this
meeting and made a part hereof as though set forth herein, be and the same is hereby approved.
Each of the City Manager or Finance Director of the City, or the designee of such officer (each,
an “Authorized Officer”), is hereby authorized, and any one of the Authorized Officers is hereby
directed, for and in the name of the City, to execute and deliver the Deposit Agreement in the form
submitted to this meeting, with such changes, insertions and omissions as the Authorized Officer
executing the same may require or approve, such requirement or approval to be conclusively
evidenced by the execution of the Deposit Agreement by such Authorized Officer.
SECTION 14. The Landowner has heretofore advanced certain funds, and may
advance additional funds, which have been or may be used to pay costs incurred in connection
with the establishment of the Community Facilities District and the issuance of special tax bonds
thereby. The City Counc il proposes to repay all or a portion of such funds expended for such
purpose, solely from the proceeds of such bonds, pursuant to the Deposit Agreement.
SECTION 15. The officers, employees and agents of the City are hereby authorized
and directed to take all actions and do all things which they, or any of them, may deem necessary
or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions
hereof.
SECTION 16. This Resolution shall take effect immediately upon its adoption.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2018.
____________________________________
Mayor Heidi Harmon
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ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo , California, this ______ day of ______________, _________.
____________________________________
Teresa Purrington
City Clerk
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EXHIBIT A
FACILITIES
In addition to the facilities described below, other expenses incidental to the below and authorized
by the Act, including but not limited to: the cost of planning, permitting, and designing the facilities
(including the cost of environmental evaluation, orthophotography, environ mental
remediation/mitigation); land acquisition and easement payments for the facilities; project
management; construction staking; engineering studies and reports; utility relocation and
demolition costs incidental to construct ion of the facilities, wetland/species mitigation purchase;
reimbursements to other areas for infrastructure facilities or planning serving development in the
Community Facilities District ; legal, engineering, technical studies costs related to the facilities
and any other expenses incidental to the construction, completion, and inspection of the facilities.
Transportation Improvements
Public roadway and bikeway improvements designed to meet the needs of the project, including
those improvements identified in the San Luis Ranch Financing Plan, including but not limited
to:
Item # Item
ROADWAYS
1 Froom Ranch Way (Prado to Oceanaire) Including Bridge
2 Froom Ranch Way (Oceanaire to Target Driveway)
3 Froom Ranch Way & LOVR Intersection Widening
4 Prado Road/US 101 Overpass and North Bound Lanes
5 Prado Road Southbound Ramps
6 Madonna & Dalidio/Prado Intersection Widening
OTHER AREA ROADWAYS (MITIGATIONS)
7 Madonna & SB 101 Off Ramp - Lengthen EB Left Turn Pocket
8 Madonna & Oceanaire Pedestrian X-ing Enhancements
9 Madonna & San Luis Ranch Way Pedestrian X-ing Enhancement
10 LOVR & SB 101 Off Ramp - Lengthen Left Turn Pocket
11 LOVR & Higuera - Lengthen EB Right Turn Pocket
12 Higuera & South - Lengthen NB Right Turn Pocket
OTHER AREA ROADWAY MITIGATIONS - FEE ONLY PROJECTS
13 Prado & Higuera Widening
14 Madonna Rd @ LOVR - Signal Timing Optimization
15 Madonna & Oceanaire Turn Lane Extensions
16 Madonna & LOVR - Turn Lane Extensions
17 LOVR & Auto Park Way Signalization
18 Higuera & Tank Farm - Lengthen NB Right Turn Pocket
SLR BIKEWAYS
19 Prado Road Class I Path (Madonna to Froom)
20 Madonna Road Class I Path / Protected bikeway (Hwy 101 to Oceanaire)
21 Bob Jones Trail (Calle Joaquin to Froom Ranch Road)
SLR BIKEWAYS - FEE ONLY PROJECTS
22 Prado Road Class I Path (NB Ramps to Higuera)
23 Bob Jones Trail (Madonna to Prado)
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Eligible roadway improvements include the following items: acquisition of land and easements;
roadway design; project management; geotechnical engineering, testing and observations; bridge
crossings and culverts; clearing, grubbing, and demolition; grading, soil import/export, paving
(including slurry seal), and decorative/enhanced pavement concrete or pavers; power pole
relocations; joint trenches, underground utilities, and undergrounding of existing utilities; d ry
utilities and appurtenances; curbs, gutters, sidewalks, bike trails (including on- and off-site), park
and ride facilities, bus rapid transit improvements, including transfer stations and regional public
transit improvements; retaining walls, sound wall s, enhanced fencing, and access ramps; street
lights, signalization, and traffic signal control systems; bus turnouts; signs and striping; erosion
control; median and parkway landscaping and irrigation; entry monumentation; bus shelters;
masonry walls; and other improvements related thereto. Elig ible improvements for the roads listed
above also include any and all necessary underground potable and non-potable water, sanitary
sewer, and storm drainage system improvements.
Potable and Non-Potable Water System Improvements
Authorized facilities include any and all on- and off-site backbone water facilities designed to meet
the needs of development of the project. These facilities include potable and non-potable mains,
valves, services, and appurtenances; wells; and water treatment and storage facilit ies, and related
improvements, including but not limited to: site clearing, grading, and paving; curbs and gutters;
recycled water storage tanks, booster pump stations, and all appurtenances thereto; wells; water
treatment; stand-by generator; site lighting, drainage, sanitary sewer, and water service;
landscaping and irrigation; access gates and fencing; striping and signage ; and the following:
• Water lines in/associated with authorized facility roads.
• Recycled water lines in/associated with authorized facility roads.
Drainage System Improvements
Authorized facilities include any and all on- and off-site backbone drainage and storm drainage
improvements designed to meet the needs of development of the project. These facilities include
mains, pipelines and appurtenances, outfalls and water quality measures, temporary drainage
facilities, detention/retention basins, and drainage pretreatment facilities; drainage ways/channels,
pump stations, landscaping, and irrigation; access roads, gates, and fencing; striping and signage;
and the following:
• All storm drain lines and facilities in/associated with authorized facility roadways.
• Retention, detention, hydro -modification, and other drainage facilities.
Wastewater System Improvements
Authorized facilities include any and all on- and off-site backbone wastewater facilities designed
to meet the needs of development of the project. These facilities include pipelines and all
appurtenances thereto; manholes; tie-in to existing main line; force mains; lift stations; odor -
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control facilities; sewer treatment plant improvements and permitting related thereto; and related
sewer system improvements, including but not limited to:
• All wastewater facilities in/associat ed with authorized facility roadways.
Solid Waste Improvements
Authorized facilities include any and all backbone solid waste improvements designed to meet the
needs of development of the project.
Park and Landscape Corridor Improvements
Authorized facilities include any and all improvements to parks and landscape corridors located in
the project .
Open Space Improvements
Authorized facilities include any and all open space improvements designed to meet the needs of
development of the project, including bike trails, bike/pedestrian bridges, storm drain crossings,
storm drain detention/retention, wetland mitigation, tree mitigation, agricultural mitigation or
wetland mitigation, property acquisition, endowment payments for open space management,
landscaping and irrigation, access gates and fencing, and related open space improvements.
Utilities
Authorized facilities include any and all on- and off-site utility improvements designed to meet
the needs of development of the project, including but not limited to:
• New 24” HDPE Sewer Trunk Line.
All utility improvements, easement payments, and land acq uisition not located under or alongside
transportation improvements are considered authorized facilities.
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FORMATION, ADMINISTRATIVE AND INCIDENTAL EXPENSES
It is anticipated that the following incidental expenses may be incurred for the Community
Facilities District:
Engineering services
Special tax consultant services
City review and administration
Bond counsel services
Bond counsel expenses
Disclosure counsel services
Disclosure counsel expenses
Independent municipal advisor services and expenses
Appraiser services
Market absorption study and real estate economist services
Initial bond transfer agent, fiscal agent, registrar and paying agent fees
Rebate calculation service set up charge
Bond printing
Offering memorandum printing and mailing costs
Publishing, mailing and posting of notices
Underwriter’s discount
Bond reserve fund
Capitalized interest
Bond syndication costs
Governmental notification and filing costs
Credit enhancement costs
Real estate acquisition costs
Rating agency fees
Charges and fees of City other than those waived
Certain annual costs may be included in each annual special tax levy. These include:
Annual bond transfer agent, fiscal agent, registrar and paying agent fees
Annual rebate calculation costs
Special tax consultant costs and administration expenses
Other necessary consultant costs
Costs of posting and collecting the special taxes
Personnel and Administrative costs of the City
Arbitrage rebate
Continuing disclosure reporting and compliance
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EXHIBIT A
City of San Luis Obispo
Community Facilities District No. 2019-1 (San Luis Ranch)
San Luis Obispo County, California
RATE, METHOD OF APPORTIONMENT, AND
MANNER OF COLLECTION OF SPECIAL TAX
1. Basis of Special Tax Levy
A Special Tax authorized under the Mello-Roos Community Facilities Act of 1982 (Act) applicable
to the land in the City of San Luis Obispo Community Facilities District No. 2019-1 (San Luis
Ranch) (CFD) of the City of San Luis Obispo (City) shall be levied and collected according to the
tax liability determined by the City through the application of the appropriate amount or rate, as
described below.
2. Definitions
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s
Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on
the applicable final map or other Development Plan.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, Sections 53311 and
following of the California Government Code.
“Administrative Expenses” means the actual or reasonably estimated costs related to the
administration of the CFD, including, but not limited to, these:
a. Costs of computing Special Taxes and preparing annual Special Tax collection schedules
(whether by the City or any designee thereof or both).
b. Costs of collecting the Special Taxes (whether by the County, the City, or otherwise).
c. Costs of remitting the Special Taxes to the Trustee.
d. Costs of the Trustee (including its legal counsel) in the discharge of the duties required of it
under the Bond Indenture.
e. Costs to the City, CFD, or any designee thereof of complying with arbitrage rebate
requirements.
f. Costs to the City, CFD, or any designee thereof of complying with City, CFD, or obligated
persons disclosure requirements.
g. Costs associated with preparing Special Tax disclosure statements.
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Rate, Method of Apportionment, and Manner of Collection of Special Tax
Exhibit A February 10, 2019
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h. Costs incurred in responding to public inquiries regarding the Special Taxes.
i. Costs to the City, CFD, or designee thereof related to any appeal of the Special Taxes.
j. Costs associated with the release of funds from an escrow account, if any.
k. Costs to the City for the issuance of Bonds authorized by the CFD that are not recovered
through the Bond sale proceeds.
l. Amounts estimated to be advanced or already advanced by the City for any other
administrative purposes, including attorney’s fees and other costs related to collection of the
Special Taxes and commencing and pursuing to completion any foreclosure of delinquent
Special Taxes.
“Administrator” means the City Manager of the City, or his or her designee.
“Annual Costs” means, for any Fiscal Year, the total of these:
a. Administrative Expenses for such Fiscal Year.
b. Debt Service to be paid from Special Taxes during the Bond Year commencing during
such Fiscal Year.
c. The amount needed to pay other periodic costs on the Bonds, including but not limited to
credit enhancement and any rebate payments on the Bonds.
d. The amount needed to replenish the reserve fund for the Bonds to the level required
under the Bond Indenture, to the extent not included in a computation of Annual Costs in
a previous Fiscal Year.
e. The amount needed to (1) cure any delinquencies in the payment of principal or interest
on Bonds, which have occurred in the prior Fiscal Year, to the extent not otherwise
included in a computation of Annual Costs in the current or any previous Fiscal Year, and
(2) to fund any foreseeable deficiency of the amount to be available for the payment of
principal or interest on Bonds, which are expected to occur in such Fiscal Year, to the
extent not included in a computation of Annual Costs in the current or any previous Fiscal
Year.
f. The amount needed to (1) cure any delinquencies in the payment of the Special Tax in
the prior Fiscal Year, to the extent not otherwise included in a computation of Annual
Costs in the current or any previous Fiscal Year, and (2) to fund any foreseeable
deficiency in the payment of the Special Tax for that Fiscal Year which is expected to
occur in such Fiscal Year, to the extent not included in a computation of Annual Costs in
the current or any previous Fiscal Year.
g. Costs of acquisition, construction, and improvements of Authorized Facilities to be funded
on a Pay-As -You-Go Basis, in amounts determined by the Administrator.
h. Less any Capitalized Interest and any credits provided under a Bond Indenture.
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Rate, Method of Apportionment, and Manner of Collection of Special Tax
Exhibit A February 10, 2019
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i. Less any available earnings on the reserve fund, Special Tax funds, available capitalized
interest or any other available revenues of the CFD or the City that may be used to fund
Annual Costs, to the extent determined by the Administrator.
“Anticipated Construction Proceeds” means the amount anticipated to be available through
the CFD for acquiring or constructing Authorized Facilities, which is equal to $14.0 million at
formation of the CFD. This amount is increased on July 1 of the current Fiscal Year for the prior
calendar year by the average increase in the ENR-CCI.
“Assessor’s Parcel” means a lot or Parcel with an assigned Assessor’s Parcel Number in the
maps used by the County Assessor in preparing the tax roll.
“Assessor’s Parcel Map” means an official map of the County Assessor designating Parcels by
Assessor’s Parcel Number.
“Assessor's Parcel Number” means the parcel identification as assigned by the County
Assessor on the equalized tax roll.
“Authorized Facilities” means those facilities and fees to be financed by the CFD.
“Base Year” means the Fiscal Year beginning July 1, 2018, and ending June 30, 2019.
“Benefit Share” means the Maximum Annual Special Tax for a Parcel divided by the Maximum
Annual Special Tax Revenue for all Taxable Parcels and their assigned Maximum Annual Special
Tax.
“Bond(s)” means any bond(s) issued by the CFD under the Act and any other debt, as defined
in the Act, payable from the Special Tax for the CFD.
“Bond Indenture” means the indenture, resolution, fiscal agent agreement, or other financing
document pursuant to which any Bonds are issued.
“Bond Share” means the share of Outstanding Bonds assigned to a Parcel as specified in
Section 7 hereof.
“Building Permit” means a permit issued by the City for the construction of a Residential Use or
Nonresidential Use.
“Building Square Foot(age)” has the same meaning as that defined for the School Mitigation
Fee by California Government Code Section 65995 for “Assessable Space,” which is “all of the
square footage within the perimeter of a residential structure, not including any carport,
walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area”
as determined by the “as built” size of the structure for the initial Building Permit. Future
additions to Residential Units are not to be considered for potential increases to the Special Tax.
“Capitalized Interest” means funds in any capitalized interest fund available to pay debt
service on Bonds.
“CFD” means Community Facilities District No. 2019-1 (San Luis Ranch) of the City.
“City” means the City of San Luis Obispo in San Luis Obispo County, California.
“Council” means the City Council of the City acting for the CFD under the Act.
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Rate, Method of Apportionment, and Manner of Collection of Special Tax
Exhibit A February 10, 2019
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“County” means the County of San Luis Obispo, California.
“Debt Service” means the total annual amount of Bond principal, interest, and the scheduled
sinking fund payments of the Bonds in a calendar year.
“Developed Parcel” means, in any Fiscal Year:
a. For Single-Family Parcels: All Parcels for which a Building Permit for a Residential Use
structure which consists of a single-family house that was issued before May 1 of the
preceding Fiscal Year.
b. For Multifamily Parcels: All Parcels for which a Building Permit for new construction of a
Residential Use structure, other than a single-family house, that was issued before May 1 of
the preceding Fiscal Year.
Once a Parcel is defined as a Developed Parcel i t shall be taxed as such under the provisions of
this RMA.
“Development Plan” means a condominium plan, apartment plan, site plan, or other
development plan that identifies such information as the type of structure, acreage, square
footage, or number of Uni ts that are approved to be developed on Residential Use Parcels.
“ENR-CCI” means the Engineering News Record—Construction Cost Index for Los Angeles in the
prior calendar year, as determined on July 1 of the current Fiscal Year.
“Final Map Parcel” means a Parcel designated for development of a single-family residence,
which is part of a Final Subdivision Map as of May 1 of the preceding Fiscal Year. The Minimum
Annual Special Tax for Final Map Parcels is shown in Attachment 1 by Tax Category.
“Final Subdivision Map” means a recorded map designating the final Parcel Subdivision for
individual Single-Family Parcels.
“Fiscal Year” means the period starting July 1 and ending the following June 30.
“Full Prepayment” means the complete fulfillment of a Parcel’s Special Tax obligation, as
determined by following the procedures in Section 7.
“Lot Number” means the numeric designation for all Parcels shown in Map 1 and Attachment
1 at formation of the CFD.
“Market-Rate Unit” means a Unit that is not a Workforce/Affordable Unit.
“Maximum Annual Special Tax” means the maximum amount of Special Taxes assigned to a
Taxable Parcel, as applicable by Tax Category.
“Maximum Annual Special Tax Revenue” means the greatest amount of Special Tax that can
be collected in total from a group of Parcels (such as Developed Parcels) by levying the
Maximum Annual Special Tax.
“Minimum Annual Special Tax” means the minimum amount of Special Tax as assigned to
Taxable Parcels, shown i n Attachment 1, at formation of the CFD.
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Rate, Method of Apportionment, and Manner of Collection of Special Tax
Exhibit A February 10, 2019
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“Multifamily For-Rent” or “Multifamily For-Rent Parcel” means any Parcel designated or
developed for more than one residential dwelling Unit per Parcel and where such units are
initially offered for rent to the general public and cannot be purchased by individual homeowners.
Such uses may consist of apartments or structures such as duplexes or triplexes. Each
residential dwelling Unit within Multifamily For-Rent or Multifamily For-Rent Parcels is not
expected to have its own distinct Assessor’s Parcel Number.
“Multifamily For-Sale” or “Multifamily For-Sale Parcel” means any Parcel designated or
developed for more than one residential dwelling Unit within a single building or structure and
that may share at least one common wall where such units are not initially offered for rent to the
general public and initially may be offered for sale to individual homeowners. Such uses may
consist of condominiums, townhouses, or buildings such as half-plexes or time-share units.
Multifamily For-Sale Parcels are anticipated to have their own distinct Assessor’s Parcel Number
as is the case in residential condominium projects. Once designated as Multifamily For-Sale or
Multifamily For-Sale Parcel, the Parcel shall remain so designated unless the original structures
are demolished.
“Nonresidential Use” means a Taxable Parcel zoned for land uses other than Residential Uses,
such as hotel, commercial, office, or retail. Nonresidential Uses planned at CFD formation are
tax-exempt.
“Original Parcel” means a Parcel identified in Attachment 1 and Map 1 by Lot Number at
formation of the CFD.
“Outstanding Bonds” means the total principal amount of Bonds that have been issued and not
fully repaid or legally defeased.
“Parcel” means any Assessor’s Parcel in the CFD based on the equalized tax rolls of the County
as of January 1 of each Fiscal Year.
“Partial Prepayment” means the partial fulfillment of a Parcel’s Special Tax obligation, as
determined by following the procedures in Section 7.
“Pay-As-You-Go Basis” means that of the use of Special Tax revenues to directly fund the
costs of acquisition, construction, and improvement of Authorized Facilities not financed by
Bonds, as a part of an acquisition agreement or funding agreement with the City.
“Prepayment” means the partial or complete fulfillment of a Parcel’s Special Tax obligation, as
determined by following the procedures in Section 7.
“Proportionately” means that the ratio of the actual Special Tax levy to the Maximum Annual
Special Tax is equal for all Developed Parcels. For Final Map Parcels, Proportionately means that
the ratio of the actual Special Tax levy to the Maximum Annual Special Tax is equal for all Final
Map Parcels. For Undeveloped Parcels, Proportionately means that the ratio of the actual Special
Tax levy to the Maximum Annual Special Tax is equal for all Undeveloped Parcels.
“Public Parcel” means any Parcel that is or is intended to be publicly owned, as designated in
any final map, that is normally exempt from the levy of general ad valorem property taxes under
California law, including, but not limited to, public streets, schools, parks, and public
drainageways, landscaping, wetlands, greenbelts, and open space.
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Item 12
Rate, Method of Apportionment, and Manner of Collection of Special Tax
Exhibit A February 10, 2019
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“Remainder Parcel” means a portion of a unit of land that is created as a result of the
recording of a Final Subdivision Map or other Subdivision, which results in a designated
remainder as defined in Government Code Section 66424.6(a) (Remainder Parcel). Such a
Remainder Parcel may contain taxable and tax-exempt uses, such as Residential Uses, and Public
Parcels, such as park sites.
“Remaining Facilities Costs” means the amount of Anticipated Construction Proceeds less
construction proceeds from previous Bond issuances and less costs of Authorized Facilities
funded on a Pay-As -You-Go Basis from the levy of the Special Tax.
“Remaining Facilities Cost Share” means the Remaining Facilities Costs multiplied by the
Benefit Share.
“Reserve Fund” means any debt service reserve fund established pursuant to the Bond
Indenture.
“Reserve Fund Requirement” means the amount required to be held in any Reserve Fund.
“Reserve Fund Share” means the amount on deposit in any Reserve Fund, but in any event not
to exceed the Reserve Fund Requirement, multiplied by the Benefit Share for a given Parcel.
“Residential Use” means a Parcel designated for residential use, such as single-family
residential Units, residential condominiums, townhouses, or apartments.
“RMA” means this Rate, Method of Apportionment, and Manner of Collection of Special Tax.
“Single-Family Parcel” means, in any Fiscal Year, all Parcels in the CFD for which a building
permit was issued or may be issued for construction of a Unit that is a single-family residential,
residential condominium, or townhouse Unit.
“Special Tax(es)” mean(s) any tax levy under the Act in the CFD.
“Subdivision” or “Subdivided” means a division of a Parcel into two or more Parcels through
Parcel reconfiguration, lot-line adjustments, or the Subdivision Map Act process. A Subdivision
also may include the merging of two or more Parcels to create new Parcels.
“Successor Parcel” means a Parcel created by the Subdivision of an Original Parcel or a
Successor Parcel.
“Tax Category” means the categories of taxable land uses shown in Attachments 1 and 2.
“Tax Collection Schedule” means the document prepared by the Administrator for the County
Auditor-Controller to use in levying and collecting the Special Taxes each Fiscal Year.
“Tax Escalation Factor” means a factor of 2 percent by which the Maximum Annual Special Tax
and Maximum Annual Special shall be increased annually following the Base Year.
“Taxable Acreage” means that area of a Parcel determined by the Administrator to become a
Taxable Parcel or Parcels upon further Subdivision. An example might be that a Final Subdivision
Map creates a Remainder Parcel that, according to Attachment 1, contains both taxable uses
and tax-exempt uses.
“Taxable Parcel” means any Parcel that is not a Tax-Exempt Parcel.
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Item 12
Rate, Method of Apportionment, and Manner of Collection of Special Tax
Exhibit A February 10, 2019
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“Tax-Exempt Parcel” means a Parcel not subject to the annual Special Tax. Tax-Exempt
Parcels include (a) Nonresidential Use Parcels at the time of CFD formation, (b) Multifamily For-
Rent Parcels at the time of CFD formation, (c) Public Parcels, and (d) Parcels owned by the City,
school districts, special districts, or the state or federal government. A Taxable Parcel that is
acquired by a public agency, the Parcel shall remain a Taxable Parcel as per the provisions of
Section 4.m.
Certain privately-owned Parcels also may be exempt from the levy of annual Special Taxes,
including common areas owned by homeowner’s associations or property owner associations,
wetlands, detention basins, water quality ponds, and open space, as determined by the
Administrator.
“Trustee” means a national banking association organized and existing under the laws of the
United States acting as a trustee or fiscal agent for Bonds.
“Undeveloped Parcel” means a Taxable Parcel that is not a Developed Parcel or Final Map
Parcel.
“Unit” means, for a Single-Family Parcel, the individual residential unit on such Parcel, or for a
Multifamily For-Rent Parcel or Multifamily For-Sale Parcel, an individual residential unit in a
multifamily building.
“Workforce/Affordable Unit(s)” means Residential Use Units identified in Attachment 1 by
Tax Category. If there are a greater number of Units for which Building Permits are to be issued
within a Tax Category, the Administrator shall require that the Maximum Annual Special Tax is
prepaid in fill using the Prepayment procedures in Section 7.
3. Duration of the Special Tax
The Special Tax will be levied and collected for as long as it is needed to pay Annual Costs;
however, in no event shall the Special Tax be levied on any Parcel in the CFD after Fiscal
Year 2062-63.
When all Authorized Facilities and other Annual Costs incurred by the CFD have been paid, the
Special Taxes shall cease to be levied. The City shall direct the County Recorder to record a
Notice of Cessation of Special Tax. Such notice will state that the obligation to pay the Special
Tax has ceased and that the lien imposed by the Notice of Special Tax Lien is extinguishe d. In
addition, the Notice of Cessation of Special Tax shall identify the book and page of the Book of
Maps of Assessment and Community Facilities Districts where the map of the boundaries of the
CFD is recorded.
4. Administrative Tasks
Tasks required of the Administrator are discussed below:
a. Annual Special Tax Escalation. The Administrator shall increase the Minimum Annual Special
Tax and Maximum Annual Special Tax (for Developed Parcels, Final Map Parcels, and
Undeveloped Parcels) by the Tax Escalation Factor in all Fiscal Years following the Base Year.
b. Assignment of the Minimum Annual Special Tax and Maximum Annual Special Tax to Original
Parcels. A Final Subdivision Map has been approved by the City creating all Taxable Parcels.
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Item 12
Rate, Method of Apportionment, and Manner of Collection of Special Tax
Exhibit A February 10, 2019
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Attachment 1 identifies the Minimum Annual Special Tax and Maximum Annual Special Tax
for each Original Parcel and Lot Number at CFD formation, as shown in Attachment 1. The
Minimum Annual Special Tax for a Final Map Parcel is determined for each Tax Category and
planned Building Square Footage per Unit based on the Minimum Annual Special Tax per Unit
times the number of assigned Units for each Tax Category at CFD formation. The Minimum
Annual Special Tax for an Undeveloped Parcel (Lot 1) is determined by multiplying the
Minimum Annual Special Tax per Acre times the Acreage of the Parcel. The Maximum Annual
Special Tax is determined for each Tax Category and planned Building Square Footage per
Unit based on the Maximum Annual Special Tax per Unit times the number of assigned Units
for each Tax Category at CFD formation. Map 1 shows the location of expected future
Parcels in each Tax Category. Future Parcels are identified in Map 1 by land use
designations and final map lot numbers.
The Minimum Annual Special Tax assigned at CFD formation to each Original Parcel shall not
be reduced as a result of future development approvals. The following procedures provide
instructions for the assignment of the Minimum Annual Special Tax and Maximum Annual
Special Tax as the CFD is built out.
Once the Minimum Annual Special Tax and Maximum Annual Special Tax is assigned to a
Parcel, it shall remain subject to that Special Tax unless fully prepaid using the provisions of
Section 7, or the Special Taxes are transferred to another Parcel using the provisions of
Section 4.i.
c. Assignment of the Minimum Annual Special Tax and Maximum Annual Special Tax upon
Recordation of a Final Subdivision Map: Attachment 1 assigns the number of anticipated
Units for each Tax Category. If upon recordation of the Final Subdivision Map there are
fewer Units created, perform the following procedures to assign the Minimum Annual Special
Tax and Maximum Annual Special Taxes to Final Map Parcels.
1. Identify the number of Units assigned to the Tax Category by Building
Square Footage range and Minimum Annual Special Tax and Maximum Annual
Special Tax assigned to the Original or Successor Parcel in Attachment 1.
(Assume that the number of Workforce/Affordable Units remain the same for each
Tax Category).
2. Identify the number of Units created by the Final Subdivision Map for each
Tax Category.
3. Reduce the number of Units shown in Attachment 1 for the Tax Category
and Building Square Footage range by reducing the Units assigned to each
Building Square Footage range equally until the total Units for the Tax Category
match the Units created by the Final Subdivision Map. If the number of Units that
must be reduced is an odd number, apply the remaining Unit reduction to the
lower Building Square Footage range for the Tax Category.
4. Proportionately increase the Minimum Annual Special Tax per Unit and
Maximum Annual Special Tax per Unit such that the amounts for each Taxable
Parcel, when summed, equals the Minimum Annual Special Tax and Maximum
Annual Special Tax assigned to the Original or Successor Parcel immediately prior
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Item 12
Rate, Method of Apportionment, and Manner of Collection of Special Tax
Exhibit A February 10, 2019
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to such calculation.
The Administrator shall update Attachment 1 showing the newly assigned
Minimum Annual Special Tax and Maximum Annual Special Tax per Unit
and to the Original or Successor Parcel.
5. If the number of Units are greater than or equal to the Units assigned in
Attachment 1, assign the Maximum Annual Special Tax and Maximum Annual
Special Tax per Unit as shown in Attachment 1.
There shall be no loss of Minimum Annual Special Tax or Maximum Annual Special
Tax for an Original or Successor Parcel as a result of the recordation of the final
map.
d. Assignment of the Maximum Annual Special Tax to Single-Family Parcels at Building Permit
Issuance: At issuance of a Building Permit for Residential Uses, assign the Maximum Annual
Special Tax shown in Attachment 1 for the Tax Category and Building Square Footage
Range to the Taxable Parcel. In assigning the Maximum Annual Special Tax to the Developed
Parcel, the Minimum Annual Special Tax may remain equal to the Maximum Annual Special
Tax, or may be increased from the Minimum Annual Special Tax based upon the Building
Square Footage identified in the Building Permit. The amount of the assigned Special Tax
shall not decrease upon issuance of a Building Permit.
e. Assignment of the Mi nimum Annual Special Tax and Maximum Annual Special Tax to
Multifamily For-Sale Parcels at Building Permit Issuance: At formation of the CFD, the
Minimum Annual Special Tax and Maximum Annual Special Tax, as shown in Attachment 1
for the Tax Category and Building Square Footage range, is assigned to each of the 135 Units
assigned to Lot 1, as shown in Map 1. The sum of the Minimum Annual Special Tax and
Maximum Annual Special Tax for each Unit is the amount of each Special Tax assigned to Lot
1 at formation. As one or more Building Permits are issued for the construction of the Units,
use the following procedures to assign the Minimum Annual Special Tax and Maximum
Annual Special Tax to Taxable Parcels.
1. Identify the Minimum Annual Special Tax and Maximum Annual Special Tax assigned to
Lot 1 in Attachment 1.
2. At issuance of a Building Permit for Multifamily For-Sale Parcels, assign the Maximum
Annual Special Tax per Unit, as shown in Attachment 1 for the Tax Category and
Building Square Footage range, to each Unit as shown in the Building Permit.
3. If the Building Permit has been issued to construct all planned Units (as shown in
Attachment 1) for Lot 1, sum the Maximum Annual Special Tax assigned to each Unit.
4. If the sum of the amounts in Step 4.e.3 is equal to, or greater than, the amount of
Maximum Annual Special Tax identified in Step 4.e.1, assign this Maximum Annual
Special Tax to each Unit.
5. If the sum of the amounts in Step 4.e.3 is less than the amount identified in Step 4.e.1,
Proportionately increase the Maximum Annual Special Tax per Unit for each Unit until the
sum of the amount of the Maximum Annual Special Tax for each Unit is equal to the
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Item 12
Rate, Method of Apportionment, and Manner of Collection of Special Tax
Exhibit A February 10, 2019
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amount identified in Step 4.e.1.
The Administrator shall update Attachment 1 showing the newly assigned
Maximum Annual Special Tax per Unit and to the Original or Successor Parcel.
6. If the construction of the proposed 135 Units is a phased build out over more than one
Fiscal Year, assign the Maximum Annual Special Tax to Developed Parcels based upon the
Building Square Footage of each Unit to each Unit (as shown in the Building Permit).
a. Multiply the Minimum Annual Special Tax for each Unit (as shown in Attachment
1) times the number of Units identified in the Building Permit.
b. Subtract the amount of Maximum Annual Special Tax from Step 4.e.6.a the
amount of Maximum Annual Special Tax identified in Step 4.e.1. Assign this
amount as the Maximum Annual Special Tax to be assigned to the Remainder
Parcel
c. Repeat the above procedures in the following Fiscal Year(s) to assign the
Minimum Annual Special Tax and Maximum Annual Special Tax to the remaining
Units assigned to the Remainder Parcel until the Special Taxes are assigned to
135 Units, or the Administrator determines that all Units have been constructed
for Lot 1.
f. Multifamily For-Rent Parcels Developed as Multifamily For-Sale Parcels: Lot 2 shown in Map
1 is designated under the RMA as a Multifamily For-Rent Parcel which is a Tax-Exempt Parcel.
If Units identified in Attachment 1 as Multifamily For-Rent are developed as Multifamily For-
Sale Parcels, assign the Minimum Annual Special Tax per Unit and Maximum Annual Special
Tax per Unit to such Parcels using the amounts shown in Attachment 2 for the appropriate
Building Square Footage of each Taxable Parcel.
g. If a Nonresidential Use Original or Successor Parcel is Subdivided creating Residential Use
Parcels: When Nonresidential Use Parcels shown in Attachment 1 are Subdivided into
Successor Parcels that are Residential Use, use the procedure below to assign the Minimum
Annual Special Tax and Maximum Annual Special Tax to Parcels.
1. Identify the Minimum Annual Special Tax and Maximum Annual Special Tax for
the Tax Category shown in Attachment 2 for the proposed Residential Uses.
2. Assign the Minimum Annual Special Tax and Maximum Annual Special Tax to each
planned Unit.
h. Reassignment of the Minimum Annual Special Tax and Maximum Annual Special Tax upon
Land Use Change or Remapping: If there is a land use change or remapping of Parcels
shown in Map 1, the Maximum Annual Special Tax and Maximum Annual Special Tax will be
reassigned to newly created Parcels using the following procedures.
1. Identify all Taxable Parcels in Attachment 1 and on Map 1 that are
subject to the land use change or remapping.
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Rate, Method of Apportionment, and Manner of Collection of Special Tax
Exhibit A February 10, 2019
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2. Sum the Minimum Annual Special Tax and Maximum Annual Special Tax
(by Building Square Footage range) for all Taxable Parcels identified in
Step 4.h.1.
3. Identify land use categories for remapped Taxable Parcels.
4. Assign the corresponding Minimum Annual Special Tax and Maximum
Annual Special Tax to remapped Taxable Parcels based upon Tax
Categories and Building Square Footage ranges identified in Attachment
2.
5. Sum the Minimum Annual Special Tax and Maximum Annual Special Tax
for all Taxable Parcels from Step 4.h.4.
6. If the sum of the Minimum Annual Special Tax and Maximum Annual
Special Tax from Step 4.h.2 is less than the amount summed in Step
4.h.4, assign the Minimum Annual Special Tax and Maximum Annual
Special Tax per Unit (increased by the Tax Escalation Factor to the current
Fiscal Year) to each Taxable Parcel.
7. If the sum of the Minimum Annual Special Tax and Maximum Annual
Special Tax from Step 4.h.2 is greater than the amount summed in Step
4.h.4, increase the Minimum Annual Special Tax and Maximum Annual
Special Tax per Unit (increased by the Tax Escalation Factor to the current
Fiscal Year) Proportionately for each Taxable Parcel until the sum of the
Minimum Annual Special Tax and Maximum Annual Special Tax for all
Taxable Parcels is equal to the amount summed in Step 4.h.2.
i. Workforce/Affordable Units Assigned at Formation of the CFD: For each Tax Category, the
RMA assigns a number of Units defined as Workforce/Affordable Units. If there are more
Workforce/Affordable Units constructed within a Tax Category than shown in Attachment 1,
the Administrator shall require that the Maximum Annual Special Tax be prepaid using the
provisions of Section 7. The Maximum Annual Special Tax for the Workforce/Affordable
Units is assigned using Tax Categories in Attachment 2.
j. Workforce/Affordable Units that Become Market-Rate Units. If, in any Fiscal Year, the
Administrator, or his or her designee, determines that a Unit that previously had been
designated as a Workforce/Affordable Unit no longer qualifies as such, the Administrator shall
assign the Minimum Annual Special Tax and Maximum Annual Special Tax per Unit based on
their Tax Category and Building Square Footage range as shown in Attachment 2, as
adjusted by the Tax Escalation Factor.
k. Transfer of the Special Tax from Taxable Parcel to Another. The Minimum Annual Special Tax
and Maximum Annual Special Taxes shown in Attachment 1 were determined based on the
expected Tax Categories for each Original Parcel shown in Attachment 1. If the number of
planned residential Units is transferred from one Original or Successor Parcel to another, the
City may, in its sole discretion, allow for a transfer of the Minimum Annual Special Tax and
Maximum Annual Special Tax from one Taxable Parcel to another. Such a transfer shall be
allowed only if (1) all adjustments are agreed to in writing by the affected property owners
and the Administrator, and (2) there is no reduction in the total Minimum Annual Special Tax
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Rate, Method of Apportionment, and Manner of Collection of Special Tax
Exhibit A February 10, 2019
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and Maximum Annual Special Tax revenues as a result of the transfer. Should a transfer
result in an amendment to Attachment 1 of the Notice of Special Tax Lien, the requesting
property owner shall bear the costs to affect the transfer in the CFD records and prepare the
required amendments to the Notice of Special Tax Lien and Attachment 1. Before the
transfer, the City may require a deposi t from the requesting property owner for such costs.
l. Conversion of a Tax-Exempt Parcel to a Taxable Parcel. If a Tax-Exempt Parcel is not needed
for public use and is converted to a taxable use or transferred to a private owner, it shall
become subject to the Special Tax. The Minimum Annual Special Tax and Maximum Annual
Special Tax for the newly Taxable Parcel will be determined using the provisions of
Sections 4 and 5 of the RMA.
m. Taxable Parcels Acquired by a Public Agency. A Taxable Parcel that is acquired by a public
agency after the CFD is formed will remain subject to the applicable Special Tax unless the
Special Tax obligation i s satisfied pursuant to Section 53317.5 of the Government Code.
An exception to this may be made if a Public Parcel, such as a park site, is relocated to a
Taxable Parcel, in which case the previously Tax-Exempt Parcel of comparable acreage
becomes a Taxable Parcel and the Minimum Annual Special Tax Maximum Annual Special Tax
from the previously Taxable Parcel is transferred to the new Taxable Parcel. This trading of a
Parcel from a Taxable Parcel to a Public Parcel will be permitted to the extent there is no net
loss in Minimum Annual Special Tax and Maximum Annual Special Tax Levy for all Taxable
Parcels in the CFD, and the transfer is agreed to by the owners of the Parcels involved in the
transfer and the Finance Director.
5. Assignment of the Special Tax
a. Classification of Parcels. For purposes of the next Fiscal Year tax levy, by June 30 of each
Fiscal Year, using the Definitions in Section 2, the Parcel records of the Assessor’s secured
tax roll as of January 1, and other City development approval records, the Administrator shall
cause:
1. Each Parcel to be classified as a Taxable Parcel or Tax-Exempt Parcel.
2. Each Parcel to be classified as a Developed Parcel, a Final Map Parcel, or an Undeveloped
Parcel.
b. Assignment of the Minimum Annual Special Tax and Maximum Annual Special Tax to Taxable
Parcels. The Special Taxes will be assigned to each Taxable Parcel each Fiscal Year using the
procedures (not all steps may be applicable for each such Parcel) in Section 4.
6. Calculating Annual Special Taxes /Metho d of
Apportionment
The Administrator will compute the Annual Cost and determine the annual Special Tax levy for
each Taxable Parcel based on the assignment of the Special Tax in Sections 4 and 5. The
Administrator then will determine the tax levy for each Taxable Parcel using the following
process:
a. Compute the Annual Costs using the definition of Annual Costs in Section 2.
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Rate, Method of Apportionment, and Manner of Collection of Special Tax
Exhibit A February 10, 2019
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Step 6.a.1: Levy the Special Tax Proportionately for each Developed Parcel up to the lesser
of the Annual Cost calculated in Section 6.a and the Maximum Annual Special
Tax for each Developed Parcel.
Step 6.a.2: If the levy calculated in Step 6.a.1 is less than the Annual Cost, levy the
Special Tax Proportionately for each Final Map Parcel, up to the amount that
when added to the levy calculated in Step 6.a.1, equals the lesser of the
Annual Cost and the Maximum Annual Special Tax for each Final Map Parcel.
Step 6.a.3: If the total of the levy calculated in Step 6.a.1 and Step 6.a.2 is less than the
Annual Cost, levy the Special Tax Proportionately for each Undeveloped Parcel,
up to the amount that when added to the levy calculated in Step 6.a.1 and
Step 6.a.2, equals the lesser of the Annual Cost and the Maximum Annual
Special Tax for each Undeveloped Parcel.
b. Levy on each Taxable Parcel the amount calculated above.
c. Prepare the Tax Collection Schedule and, unless an alternative method of collection has been
selected pursuant to Section 9, send it to the County Auditor requesting that it be placed on
the general, secured property tax roll for the Fiscal Year. The Tax Collection Schedule will
not be sent later than the date required by the County Auditor for such inclusion.
The Administrator will make every effort to calculate the Special Tax correctly for each
Parcel. It will be the burden of the taxpayer to correct any errors in determining which
Parcels are subject to the tax and their Special Tax assignments.
7. Prepayment of the Special Tax Obligation
A property owner may permanently or partially satisfy the Special Tax for a Taxable Parcel by a
Full or Partial Prepayment, as permitted under Government Code Section 53344. Prepayments
must be made by May 1 to have the Prepayment reflected in the following Fiscal Year’s Special
Tax levy. Prepayment is permitted only under the following conditions:
• The landowner prepaying the Special Tax on a Parcel has paid any delinquent Special Tax
and penalties on that Parcel before Prepayment.
• Following Prepayment, amounts in the reserve fund are equal to or greater than the reserve
fund requirement.
• The City determines that the Prepayment will not jeopardize its ability to make timely
payments of Debt Service and maintain a 110-percent annual Debt Service coverage based
on Maximum Annual Special Tax Revenues in all years in which issued Bonds will be
outstanding.
When permitted, the Administrator shall calculate Full Prepayments using the following steps:
a. The Full Prepayment amount before any issuance of CFD Bonds shall be calculated using the
following procedures:
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Rate, Method of Apportionment, and Manner of Collection of Special Tax
Exhibit A February 10, 2019
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Step 7.a.1. Determine the Maximum Annual Special Tax for the Parcel for which the Special
Tax is to be prepaid using the provisions of Sections 4 and 5, treating such
Parcel as a Developed Parcel.
Step 7.a.2. Divide the amount from Step 7.a.1. by the Maximum Annual Special Tax
Revenue, assuming all Taxable Parcels are Developed Parcels, to determine the
Benefit Share for the Full Prepayment Parcel.
Step 7.a.3. Multiply the Remaining Facilities Costs, as increased by ENR-CCI from the Base
Year, by the Benefit Share to determine the Full Prepayment amount.
Step 7.a.4. Add to the amount determined in Step 7.a.3. any costs to the City, including the
costs of any City consultants, associated with the preparation of the Full
Prepayment calculation.
b. The Full Prepayment amount after the issuances of CFD Bonds shall be calculated using the
following procedures:
Step 7.b.1. Determine the Maximum Annual Special Tax for the Parcel for which the Special
Tax is to be prepaid using the provisions of Sections 4 and 5. If the Parcel is
not a Developed Parcel, assign the Maximum Annual Special Tax for the Tax
Category for the Prepayment Parcel assuming the Building Square Footage is
within the higher range of Maximum Annual Special Taxes for the Tax Category.
Step 7.b.2. Divide the amount from Step 7.b.1. by the Maximum Annual Special Tax
Revenue, assuming all Taxable Parcels are Developed Parcels, to determine the
Benefit Share for the Parcel.
Step 7.b.3. Multiply the Benefit Share by the total amount of Outstanding Bonds to
determine the Bond Share for the Full Prepayment Parcel.
Step 7.b.4. Multiply the Benefit Share by the Remaining Facilities Costs, as increased by
ENR-CCI from the Base Year, to determine the Remaining Facilities Cost Share
for the Full Prepayment Parcel.
Step 7.b.5. Sum the Bond Share and Remaining Facilities Cost Share from Steps 7.b.3. and
7.b.4.
Step 7.b.6. Determine the total amount of Bonds to be called by rounding the amount
summed in Step 7.b.5. down to the nearest $5,000.
Step 7.b.7. Multiply the amount calculated in Step 7.b.6. by the call premium for the next
available call date.
Step 7.b.8. Determine the Reserve Fund Share for the Full Prepayment Parcel by
multiplying the Reserve Fund Requirement by the Benefit Share.
Step 7.b.9. Reduce the amount calculated in Step 7.b.5. by the amount of the Reserve Fund
Share in Step 7.b.8., provided the amount in the Reserve Fund equals the
Reserve Fund Requirement after reduction.
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Rate, Method of Apportionment, and Manner of Collection of Special Tax
Exhibit A February 10, 2019
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Step 7.b.10. Determine the Full Prepayment amount by adding to the amount calculated in
Step 7.b.9. any fees, call premiums, and interest to the next Bond call date not
covered by Special Taxes already levied and collected for the prepaying Parcel,
and expenses incurred by the CFD in connection with the Full Prepayment
calculation or the application of the proceeds of the Full Prepayment to the call
of Outstanding Bonds.
Step 7.b.11. If the Special Taxes already have been levied but not collected, the Parcel shall
not become a Full Prepayment Parcel until the owner of the Parcel has paid the
Special Taxes included on the current property tax bill in addition to the Full
Prepayment amount.
c. Partial Prepayments are allowed only for Parcels owned by a property owner before the
issuance of the initial Building Permit. A Partial Prepayment can occur only once per
Assessor’s Parcel. The City may allow a Partial Prepayment if the City determines that the
Partial Prepayment will not jeopardize its ability to make timely payments of Debt Service
and maintain a 110-percent annual Debt Service coverage based on Maximum Annual Special
Tax Revenues in all years where there will be Outstanding Bonds. Partial Prepayments will
be calculated as described below:
The amount of any Partial Prepayment must be either 25 percent or 50 percent of the Full
Prepayment amount determined in Step 7.a.8. A Partial Prepayment may be made in an
amount equal to 25 percent or 50 percent of the Full Prepayment desired by the party
making a Partial Prepayment, except that the full amount of Administrative Expenses
determined in Step 7.a.7 shall be included in the Partial Prepayment. The Maximum Annual
Special Tax that can be levied on a Parcel after a Partial Prepayment is made is equal to the
Special Tax that could have been levied before the Prepayment, reduced by the percentage
of the Full Prepayment that the Partial Prepayment represents, all as determined by or at the
direction of the Finance Director. For example, if the Partial Prepayment is equal to
25 percent, the Special Tax applied to the Parcel would be 75 percent of the Maximum
Annual Special Tax.
c. Upon Full Prepayment, the Administrator shall cause to be recorded a Notice of Cancellation
of Special Tax Lien in accordance with Government Code Section 53344.
8. Interpretation, Application, and Appeal of
Special Tax Formula and Procedures
Any taxpayer who feels the amount of the Special Tax assigned to a Parcel is in error may file a
notice with the Administrator appealing the levy of the Special Tax. The Administrator will then
promptly review the appeal and, if necessary, meet with the applicant. If the Administ rator
verifies the tax should be modified or changed, the Special Tax levy will be corrected and, if
applicable in any case, a refund will be granted.
Interpretations may be made by resolution of the Council for purposes of clarifying any
vagueness or ambi guity as it relates to the Special Tax rate, the method of apportionment, the
classification of properties, or any definition applicable to the CFD.
Packet Pg. 356
Item 12
Rate, Method of Apportionment, and Manner of Collection of Special Tax
Exhibit A February 10, 2019
Economic & Planning Systems, Inc. (EPS) A-16 C:\users\kchristi\appdata\roaming\iqm2\minutetraq\slocityca@slocityca.iqm2.com\work\attachments\4711.docx
Without Council approval, the Administrator may make minor, non-substantive administrative
and technical changes to the provisions of this Exhibit that do not materially affect the rate,
method of apportionment, and manner of collection of the Special Tax for purposes of the
administrative efficiency or convenience or to comply with new applicable federal, state, or local
law.
9. Manner of Collection
The Special Tax will be collected in the same manner and at the same time as ad valorem
property taxes, provided, however, the Administrator or its designee may directly bill the Special
Tax and may collect the Special Tax at a different time, such as on a monthly or other periodic
basis, or in a different manner, if necessary, to meet the City’s financial obligations.
Packet Pg. 357
Item 12
Rate, Method of Apportionment, and Manner of Collection of Special Tax
Exhibit A February 10, 2019
Economic & Planning Systems, Inc. (EPS) A-17 C:\users\kchristi\appdata\roaming\iqm2\minutetraq\slocityca@slocityca.iqm2.com\work\attachments\4711.docx
DRAFT
Packet Pg. 358
Item 12
Rate, Method of Apportionment, and Manner of Collection of Special Tax
Exhibit A February 10, 2019
Economic & Planning Systems, Inc. (EPS) A-18 C:\users\kchristi\appdata\roaming\iqm2\minutetraq\slocityca@slocityca.iqm2.com\work\attachments\4711.docx
DRAFT
Packet Pg. 359
Item 12
Rate, Method of Apportionment, and Manner of Collection of Special Tax
Exhibit A February 10, 2019
Economic & Planning Systems, Inc. (EPS) A-19 C:\users\kchristi\appdata\roaming\iqm2\minutetraq\slocityca@slocityca.iqm2.com\work\attachments\4711.docx
DRAFT – MAP 1
Packet Pg. 360
Item 12
R ______
RESOLUTION NO. _____ (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, TO INCUR BONDED INDEBTEDNESS OF THE
PROPOSED CITY OF SAN LUIS OBISPO COMMUNITY FACILITIES
DISTRICT NO. 2019-1 (SAN LUIS RANCH)
WHEREAS, the City Council (the “City Council”) of the City of San Luis Obispo (the
“City”), pursuant to the Mello -Roos Community Facilities Act of 1982 (the “Act”), has this date
adopted its Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo
of Intention to Establish a Community Facilities District and to Authorize the Levy of Special
Taxes,” stating its intention to establish City of San Luis Obispo Community Facilities District
No. 2019-1 (San Luis Ranch) (the “Community Facilities District”) for the purpose of financing
certain public facilities (the “Facilities”), as further provided in said Resolution; and
WHEREAS, in order to finance the Facilities, it is necessary to incur bonded indebtedness
in the amount o f up to $25,000,000.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The City Council hereby declares that in order to finance the Facilities, it is
necessary to incur bonded indebtedness.
SECTION 3. The purpose for which the proposed debt is to be incurred is to provide the
funds necessary to pay the costs of the Facilities, including all costs and estimated costs incidental
to, or connected with, the accomplishment of said purpose and of the financing thereof, as
permitted by Section 53345.3 of the Act.
SECTION 4. The maximum amount of the proposed debt is $25,000,000.
SECTION 5. The City Council hereby fixes Tuesday, April 2, 2019, at 6:00 p.m., or as
soon thereafter as the City Council may reach the matter, at 990 Palm Street, San Luis Obispo,
California, as the time and place when and where the City Council will conduct a public hearing
on the proposed debt aut horization.
SECTION 6. The City Clerk of the City is hereby directed to publish, or cause to be
published, a notice of said public hearing one time in a newspaper of general circulation published
in the area of the proposed Community Facilities District. The publication of said notice shall be
completed at least seven days prior to the date herein fixed for said public hearing. Said notice
shall contain the information prescribed by Section 53346 of the Act.
Packet Pg. 361
Item 12
Resolution No. _____ (2019 Series) Page 2
R ______
SECTION 7. The officers, employees and agents o f the City are hereby authorized and
directed to take all actions and do all things which they, or any of them, may deem necessary or
desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions
hereof.
SECTION 8. This Resolution shall take effect immediately upon its adoption.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2019.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo , California, this ______ day of ______________, _________.
____________________________________
Teresa Purrington
City Clerk
Packet Pg. 362
Item 12
OHS Draft 1/23/19
4142-0304-4632.2
DEPOSIT AND REIMBURSEMENT AGREEMENT
by and between
CITY OF SAN LUIS OBISPO
and
MI SAN LUIS RANCH, LLC
Dated as of February 1, 2019
City of San Luis Obispo
Community Facilities District No. 2019-1
(San Luis Ranch)
Packet Pg. 363
Item 12
4142-0304-4632.2
DEPOSIT AND REIMBURSEMENT AGREEMENT
THIS DEPOSIT AND REIMBURSEMENT AGREEMENT (this “Deposit
Agreement”), dated as of February 1, 2019, is by and between the CITY OF SAN LUIS OBISPO,
a charter city organized and existing under the laws of the State of California (the “City”), and MI
San Luis Ranch, LLC, a limited liability company organized and existing under the laws of the
State of Delaware (the “Developer”).
W I T N E S S E T H:
WHEREAS, the Developer has petitioned the City requesting formation of a community
facilities district to be designated “City of San Luis Obispo Community Facilities District No.
2019-1 (San Luis Ranch)” (the “Community Facilities District”) under the Mello -Roos
Community Facilities Act of 1982 (the “Act”);
WHEREAS, the City of San Luis Obispo Local Goals and Policies for Mello -Roos
Community Facilities Districts (the “Policies”) provides that no action will be taken on any petition
until funds are deposited with the City for all costs associat ed with conducting any proceedings to
form a financing district;
WHEREAS, the Developer desires to provide a deposit of funds for such fees and costs;
WHEREAS, Section 53314.9 of the Act provides that, at any time either before or after
the formation of a community facilities district, the legislative body may accept advances of funds
from any source, including, but not limited to, private persons or private ent ities and may provide,
by resolution, for the use of those funds for any authorized purpose, including, but not limited to,
paying any cost incurred by the local agency in creating a community facilities district;
WHEREAS, Section 53314.9 of the Act further provides that the legislative body may
enter into an agreement, by resolution, with the person or entity advancing the funds, to repay all
or a portion of the funds advanced, as determined by the legislative body, with or without interest,
under all of t he following conditions: (a) the proposal to repay the funds is included in both the
resolution of intention to establish a community facilities district adopted pursuant to Section
53521 of the Act and in the resolution of formation to establish the commu nity facilities district
pursuant to Section 53325.1 of the Act, (b) any proposed special tax is approved by the qualified
electors of the community facilities district pursuant to the Act, and (c) any agreement shall specify
that if the qualified electors of the community facilities district do not approve the proposed special
tax, the local agency shall return any funds which have not been committed for any authorized
purpose by the time of the election to the person or entity advancing the funds; and
WHEREAS, the City and the Developer desire to enter into this Deposit Agreement in
accordance with the Policies and Section 53314.9 of the Act in order to provide for the
advancement of funds by the Developer to be used to pay costs incurred in connection wit h the
establishment of the Community Facilities District and the issuance of special tax bonds, notes or
other evidences of indebtedness (the “Bonds”) thereby, and to provide for the reimbursement to
the Developer of such funds advanced, without interest, from the net proceeds of any Bonds issued
by the Community Facilities District;
Packet Pg. 364
Item 12
2
4142-0304-4632.2
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto agree as follows:
Section 1. The Deposits and Application Thereof. (a) The Developer has delivered, or
caused to be delivered, to the City a check or checks payable to the “City of San Luis Obispo” in
the collective amount of $30,000 (the “Initial Deposit”). The City, by its execution hereof,
acknowledges receipt of, and accepts, the Initial Deposit.
(b) The Initial Deposit, together with any subsequent deposit required to be made by
the Developer pursuant to the terms hereof (collectively, the “Deposits”), are to be used to pay for
any costs incurred for any authorized purpose in connection with the establishment of the
Community Facilities District and the issuance of Bonds thereby, including, without limitation, (i)
the fees and expenses of any consultants to the City employed in connection with the establishment
of the Community Facilities District and the issuance of Bonds thereby, including a special tax
consultant, financial advisor, City attorney, bond counsel and any other consulta nt deemed
necessary or advisable by the City, (ii) the costs of appraisals, market absorption and feasibility
studies and other reports deemed necessary or advisable by the City in connection with the
establishment of the Community Facilities District and the issuance of Bonds thereby, (iii) the
costs of publication of notices, preparation and mailing of ballots and other costs related to any
hearing, election or other action or proceeding undertaken in connection with the establishment of
the Community Fac ilities District and the issuance of Bonds thereby, (iv) reasonable charges for
City staff time incurred in connection with the establishment of the Community Facilities District
and the issuance of Bonds thereby, including a reasonable allocation of City overhead expense
related thereto, and (v) any and all other actual costs and expenses incurred by the City in
connection with the establishment of the Community Facilities District and the issuance of Bonds
thereby (collectively, the “Initial Costs”). The City may draw upon the Deposits from time to time
to pay the Initial Costs.
(c) If, at any time prior to the establishment of the Community Facilities District and
the issuance of Bonds thereby, the unexpended and uncommitted balance of the Deposits is less
than $5,000, the City may request, in writing, that the Developer make an additional deposit in an
amount estimated to be sufficient, together with any such unexpended and uncommitted balance
and any special taxes of the Community Facilities District availab le for such purpose, to pay for
all Initial Costs. The Developer shall make such additional deposit with the City within ten
business days of the delivery to the Developer of the City’s written request therefor. If the
Developer fails to make any such additional deposit within such ten business day period, the City
may cease all work related to the establishment of the Community Facilities District and the
issuance of Bonds thereby.
(d) The Deposits may be commingled with other funds of the City for purposes of
investment and safekeeping, but the City shall at all times maintain records as to the expenditure
of the Deposits.
(e) The City shall provide the Developer with a written monthly summary of
expenditures made from the Deposits, and the unexpended balance ther eof, within ten business
days of receipt by the City of a written request therefor submitted by the Developer. The cost of
providing any such summary shall be charged to the Deposits.
Packet Pg. 365
Item 12
3
4142-0304-4632.2
Section 2. Return of Deposits; Reimbursement. (a) As provided in Section 53314.9 of
the Act, the approval by the qualified electors of the Community Facilities District of the proposed
special tax to be levied therein is a condition to the repayment to the Developer of the funds
advanced by the Developer pursuant hereto. Therefore, if the qualified electors of the Community
Facilities District do not approve the proposed special tax to be levied therein, the City shall have
no obligation to repay the Developer any portion of the Deposits expended or encumbered to pay
Initial Costs. In accordance with Section 53314.9 of the Act, if the qualified electors of the
Community Facilities District do not approve the proposed special tax to be levied therein, the
City shall return to the Developer any portion of the Deposits which have not been expended or
encumbered to pay Initial Costs by the time of the election on said proposed special tax, without
interest.
(b) If proceedings for the establishment of the Community Facilities District or the
issuance of Bonds thereby are terminated, the City shall, within ten business days after official
action by the City or the Community Facilities District to terminate said proceedings, return the
then unexpended and uncommitted portion of the Deposits to the Developer, without interest.
(c) This Deposit Agreement may be terminated by either party hereto upon ten days’
written notice to the other party. If this Deposit Agreement is so terminated, the City shall, within
ten business days after the date of such termination, return the then unexpended and uncommitted
portion of the Deposits to the Developer, without interest.
(d) If Bonds are issued by the Community Facilities District, the City shall reimburse
the Developer, without interest, for the portion of the Deposits that has been expended or
encumbered, said reimbursement to be made within ten business days after the issuance of such
Bonds, solely from the net proceeds of such Bonds and only to the extent that such net proceeds
are sufficient therefor and otherwise permitted under the Act. The City shall, within ten business
days after the issuance of such Bonds, return the then unexpended and uncommitted portion of the
Deposits to the Developer, without interest.
Section 3. Deposit Agreement Not Debt or Liability of City. As provided in Section
53314.9(b) of the Act, this Deposit Agreement does not constitute a debt or liability of the City.
The City shall not be obligated to advance any of its own funds to pay Initial Costs or any other
costs incurred in connection with the establishment of the Community Facilities District and the
issuance of Bonds thereby. No member of the City Council of the City and no officer, employee
or agent of the City shall to any extent be personally liable hereunder.
Section 4. Notices. All written notices to be given hereunder shall be give n to the party
entitled thereto at its address set forth below, or at such other address as such party may provide
to the other parties in writing from time to time, namely:
If to the City: City of San Luis Obispo
990 Palm Street
San Luis Obispo, California 93401
Attention: Brigitte Elke, Finance Director
Packet Pg. 366
Item 12
4
4142-0304-4632.2
If to the Developer: MI San Luis Ranch, LLC
c/o Presidio Residential Capital
9740 Appaloosa Road, Suite 230
San Diego, CA 92131
Attention: Walter Heiberg
Each such notice hereunder shall be deemed delivered to the party to whom it is addressed
(a) if given by courier or delivery service or if personally served or delivered, upon delivery, (b) if
given by electronic communication, whether by electronic mail, telegram or telecopier, upon the
se nder’s receipt of an appropriate answerback or other written acknowledgment, (c) if given by
registered or certified mail, return receipt requested, deposited with the United States mail postage
prepaid, 72 hours after such notice is deposited with the United States mail, or (d) if given by any
other means, upon delivery at the address specified in this Section.
Section 5. California Law. This Deposit Agreement shall be governed and construed in
accordance with the laws of the State of California.
Section 6. Severability. If any part of this Deposit Agreement is held to be illegal or
unenforceable by a court of competent jurisdiction, the remainder of this Deposit Agreement shall
be given effect to the fullest extent reasonably possible.
Section 7. Successors and Assigns. This Deposit Agreement shall be binding upon and
inure to the benefit of the successors and assigns of the parties hereto.
Section 8. Counterparts. This Deposit Agreement may be executed in counterparts, each
of which shall be deemed an original and all of which shall cons titute but one and the same
instrument.
Packet Pg. 367
Item 12
5
4142-0304-4632.2
IN WITNESS WHEREOF, the parties hereto have executed this Deposit Agreement as
of the date first written above.
CITY OF SAN LUIS OBISPO
By:
Derek Johnson, City Manager
MI SAN LUIS RANCH,
a Delaware limited liability company
By: MI ENTITLEMENT IV, LLC,
a Delaware limited liability company
Its: Manager
By: GGCCB, LLC,
a California limited liability company
Its: Co-Manager
By:_____________________________
Gary Grossman
Its: Managing Member
By: PRESIDIO MERCED LAND IV
PASSIVE, LLC,
a Delaware limited liability company
Its: Co-Manager
By:_____________________________
Michael M. Sullivan
Its: Authorized Representative
Packet Pg. 368
Item 12
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208 . FAX (805) 546-8641
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a
resident of the county aforesaid; I am over the
age of eighteen years, and not a party interested
in the above entitled matter. I am the principal
clerk of the printer of the New Times, a
newspaper of general circulation, printed and
published weekly in the City of San Luis
Obispo, County of San Luis Obispo, and which
has been adjudged a newspaper of general
circulation by the Superior Court of the County
of San Luis Obispo, State of California, under
the date of February 5, 1993, Case number
CV72789: that notice of which the annexed
is a printed copy (set in type not smaller than
nonpareil), has been published in each regular
and entire issue of said newspaper and not in
any supplement thereof on the following dates,
to -wit:
�7l1�/l�ll[�r►�
in the year 2019. 1.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, :alifornia, this
day 7_of r- , 2019.
r
0
Patricia Horton, New Times Legals
Admin & I'c.—.11-NTNG AJmi.1NTMG 0131c&13' ISIN _: SlPublic Nolice,111-1 of Pub
Proof of Publication of
SAN LUIS OBISPO CITY COUNCIL
NOTICE OF PUBLIC HEARING
The San Luis Obispo City Council invites all
interested persons to attend a public hearing
on Tuesday, February 19, 2019, at 6:00 p.m.
in the City Hall Council Chamber, 990 Palm
Street, San Luis Obispo, California, to
consider the following items:
1) SAN LUIS RANCH COMMU11tFTY
FAC LITIES DISTRICT -1035 Madonna pwd
n
Public hearing to consider a Resolution of
Intention to form a Community Facilities
District (CFD) for the San Luis Ranch
development. Development plan for the site
includes up to 580 residential units; 150,000
square feet of commercial development;
100,000 square feet of office development,
and a 200 -room hotel, with a portion of the
site preserved for agriculture and open
space uses. The City Council certified a Final
Environmental Impact Report (FEIR) for this
project on July, 18, 2017 (Resolution No.
10822 w 2018 Series). A supplement to the
Final EIR was prepared to address the Specific
Plan Amendment and cerMied in conjunction
with the approval of that amendment on July
17 2018. The formation and implemen -- ion
of a CFD itself may also be considered
Categorically exempt based on Section 15306
of CE.GA Guidelines; Project Case #: SPEC
1502-2015; San Luis Ranch, LLC, applicant.
o3m
EB 11106 !�JI
SLO CITY CLERK
For more information on this item, you are
invited to contact Brian Leveille of the City's
Community Development Department at
(805) 781-7166, or by email at bleveille®
slocity.org.
2) COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS FOR THE 2019
PROGRAMYEAR
Public Hearing to consider the Human
Relations Commission's recommendation
to adopt a Resolution approving funding
allocation totaling $463,691 for Community
Development Block Grant (CDBG) funds for
the 2019 program year
For more information, you are invited to contact
Cara Vereshagin of the City's Community
Development Department at (805) 781-7596,
or by email, cveresch®slocity.org. 1.
The City Council may also discuss other
hearings or business items before or after
the items listed above. If you challenge the
proposed project in court, you may be limited
to raising only those issues you or someone
else raised at the, public hearing described
in this notice, or in written corresponk.�rmce
delivered to the City Council at, or prior to, the
public hearing.
Reports for this meeting will be available foe
review in the City Clerk's Office and online at
www.slocity.org on February 13, 2019. Please
call the City Clerk's Office at (805) 781-7100 for
more information, The City Council m6bah1g
will be televised live on Charter Cable Channel
20 and live streaming on www.slocity.org.
Teresa Purrington
City Clerk
City of San Luis Obispo
February 7, 2019
I-
c^
6t
�
ti%
'0 3
w .
,
r
y`
o3m
EB 11106 !�JI
SLO CITY CLERK
For more information on this item, you are
invited to contact Brian Leveille of the City's
Community Development Department at
(805) 781-7166, or by email at bleveille®
slocity.org.
2) COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS FOR THE 2019
PROGRAMYEAR
Public Hearing to consider the Human
Relations Commission's recommendation
to adopt a Resolution approving funding
allocation totaling $463,691 for Community
Development Block Grant (CDBG) funds for
the 2019 program year
For more information, you are invited to contact
Cara Vereshagin of the City's Community
Development Department at (805) 781-7596,
or by email, cveresch®slocity.org. 1.
The City Council may also discuss other
hearings or business items before or after
the items listed above. If you challenge the
proposed project in court, you may be limited
to raising only those issues you or someone
else raised at the, public hearing described
in this notice, or in written corresponk.�rmce
delivered to the City Council at, or prior to, the
public hearing.
Reports for this meeting will be available foe
review in the City Clerk's Office and online at
www.slocity.org on February 13, 2019. Please
call the City Clerk's Office at (805) 781-7100 for
more information, The City Council m6bah1g
will be televised live on Charter Cable Channel
20 and live streaming on www.slocity.org.
Teresa Purrington
City Clerk
City of San Luis Obispo
February 7, 2019
2/19/2019 Item 12 ‐ Staff Presentation
1
San Luis Ranch Specific Plan
1035 Madonna Road
SPEC-ANNX-ER-1502-2015
Resolution of Intention for the Formation of the
San Luis Ranch
Community Facilities District
February 19, 2019
Applicant: MI San Luis Ranch, LLC
Recommendation
Adopt the attached Resolutions, and take action to
initiate the formation of a Community Facilities
District (CFD):
Adopt Local CFD Goals and Policies
Adopt Resolution of Intention to form a CFD
Adopt Resolution to Incur Bonded Indebtedness
Approve the Deposit and Reimbursement Agreement
2
1
2
2/19/2019 Item 12 ‐ Staff Presentation
2
City Council Actions
Review Materials Related to the Formation of a CFD
Take Public Input
Adopt Resolutions to Initiate CFD Formation
These actions will initiate the proceedings for
adoption of an ordinance on April 2, 2019, to
establish the district
3
Presentation Overview
Brief Summary of Approved Project
Community Facilities District (CFD) Overview
Rate and Method of Apportionment (RMA) Overview
Recommendation and Next Steps in the CFD
Process
4
3
4
2/19/2019 Item 12 ‐ Staff Presentation
3
5
Approved Project Overview
Project Site and Location
6
5
6
2/19/2019 Item 12 ‐ Staff Presentation
4
City Council Approved Project: July 18, 2017
7
Specific Plan, General Plan
Amendment/Pre-Zoning, and
Development Plan/Tentative Tract
Map for the 131-acre project site
Specific Plan guides land use,
circulation, parks and open space,
infrastructure, architecture/design,
and phasing
Allows up to 580 Homes; 250,000
SF Non-Residential; 200 hotel
rooms
Consistent with General Plan
policies (including LUE 8.1.4)
8
Community Facilities District (CFD)
Overview
7
8
2/19/2019 Item 12 ‐ Staff Presentation
5
CFD Overview
9
CFD enabled by Community Facilities District Act of
1982 (“Mello-Roos”)
Allows a special tax within a specified area to pay for
needed infrastructure
CFD special tax needs voter approval within area, or if
less than 12 voters in the area, landowner approval
For San Luis Ranch, the special tax needs landowner
approval (since there are no residents)
CFD Overview
10
CFD is an infrastructure funding mechanism called for
in the adopted San Luis Ranch Development
Agreement and Financing Plan (adopted July 17, 2018)
CFD is necessary to make the project financially viable
to the developer, while ensuring key City-serving
infrastructure is built
CFD raises money through special tax imposed on new
residential development within San Luis Ranch
9
10
2/19/2019 Item 12 ‐ Staff Presentation
6
Presented as Table 3 in
Financing Plan
Total infrastructure costs of
$54.2 million
Developer obligation of
$22.8 million
City/regional share of $31.4
The proposed CFD would
provide the developer with
funding for up to $14 million of
these eligible costs
Summary of Infrastructure Funding
11
New Budget Policies Proposed
12
Before a local agency may initiate proceedings to
establish a Community Facilities District it must first
consider and adopt local goals and policies
Key issues addressed by proposed local goals and
policies
Fiscally conservative approach
Priorities for financing
Credit quality requirements
Equity and tax burdens
11
12
2/19/2019 Item 12 ‐ Staff Presentation
7
13
Rate and Method of Apportionment
(RMA) Overview
RMA Overview
14
The heart of the CFD is the Rate and Method of
Apportionment (RMA), included as Attachment E to the
Agenda Report
The RMA determines the basis for the special tax, and
how to calculate the cost given a specific land use or
development type
By initiating the CFD, the Council is approving the RMA as
the basis for calculating the specific special tax that will apply
to residential uses in the San Luis Ranch project
13
14
2/19/2019 Item 12 ‐ Staff Presentation
8
RMA Overview
15
Amount of revenue that can be generated through a
CFD (described in the RMA) is limited by local and state
law related to property taxes
Based on this, the maximum annual funding capacity
through a special tax for San Luis Ranch is about $2
million, but likely will be less than that in practice
RMA: Tax Allocation Method
16
For San Luis Ranch, special taxes will be paid by
residential development only
Commercial development is exempted, because of its
economic sensitivity and likely slow absorption rate
The commercial development still pays its fair share,
however, this occurs through the direct installation of
infrastructure and/or payment of fees.
15
16
2/19/2019 Item 12 ‐ Staff Presentation
9
RMA: Tax Allocation Method
17
Special taxes will be based on three residential
densities and the size of dwellings within each category
Generally the taxes would be higher for the lower
density units and those dwellings that are larger in size
Workforce, affordable and rental housing units would be
exempt from special taxes
RMA Tax
Allocation
by Parcel
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2/19/2019 Item 12 ‐ Staff Presentation
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RMA: Tax Allocation Method
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RMA: Parcel Basis for Tax Allocation
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2/19/2019 Item 12 ‐ Staff Presentation
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RMA: Other Provisions
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Tax Increases Over Time. A tax increase is often
needed to maintain CFD’s bonding capacity, but is
limited by law. A 2% annual increase is recommended.
Duration. Generally needed to stay in place long
enough to retire debt service. Policies provide for bond
terms up to 30 years from their date of issuance.
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Recommendation and Next Steps
in the CFD Process
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2/19/2019 Item 12 ‐ Staff Presentation
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Recommendation
Adopt the attached Resolutions, and take action to
initiate the formation of a Community Facilities
District (CFD):
Adopt Local CFD Goals and Policies
Adopt Resolution of Intention to form a CFD
Adopt Resolution to Incur Bonded Indebtedness
Approve the Deposit and Reimbursement Agreement
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Next Steps
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February 19, 2019:
Adopt Resolution of Intention
Adopt/approve related actions included in tonight’s recommendation
April 2, 2019:
Finalize Rate and Method of Apportionment
Adopt Resolution of Formation (ROF) and approve related actions
Adopt Ordinance to Levy Special Tax
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2/19/2019 Item 12 ‐ Staff Presentation
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End of Presentation
CFD: Development Agreement basis
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CFD is based on fees and related information described
in the Development Agreement
Development Agreement requires developer to make a
large investment in public infrastructure
Development Agreement states the developer’s ”fair
share” of infrastructure costs is $66.7 million
Developer will be building $9.1 million of infrastructure
beyond “fair share”
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2/19/2019 Item 12 ‐ Staff Presentation
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CFD: Financing Plan
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SLR Financing Plan identified $54.2 million of needed Citywide
improvements (roads, bikeways, utilities)
Of this total, the Prado Road interchange (including NB and future
SB ramps) would cost $35.0 million
Developer’s share of these costs is $22.8 million, including $9.8
million for the Prado Road interchange
Citywide share of these costs would be $31.4 million, or nearly
60% of the total
City share to be funded through the Transportation Impact Fee
Program, transportation grants, and General Fund resources
including revenue generated by future development per the
City/County tax sharing agreement
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