City of Culver City, California
Agenda Item Report
Meeting Date: 08/13/12 Item Number: C-4
CITY COUNCIL AGENDA ITEM: Adoption of an Ordinance Adding a New Chapter
15.12, Community Facilities District Financing, to the Culver City Municipal Code.
Contact Person/Dept.:
Elaine Gerety-Warner/CDD
Phone Number: (310) 253-5777
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (Email) Agendas and Meetings – City Council (08/09/12)
Department Approval:
Sol Blumenfeld (08/07/12)
City Attorney Approval:
Carol Schwab (by H. Baker) (08/08/12)
Chief Financial Officer Approval:
Jeff Muir (08/08/12)
City Manager Approval:
John M. Nachbar (08/09/12)
RECOMMENDATION:
Staff recommends the City Council adopt an Ordinance adding a new Chapter
15.12, Community Facilities District Financing, to the Culver City Municipal Code
(Attachment 1).
BACKGROUND/DISCUSSION:
At the City Council meeting of August 6, 2012, the City Council introduced the
Ordinance, by a unanimous vote (4-0 – Vice Mayor Cooper was absent). The
motion to introduce the Ordinance included direction to staff to clarify the language
of Section 15.12.040 relating to the adoption of local goals and policies. Staff has
revised the language to clarify that the timing of the adoption of the goals and
policies as required in State law is permissive, but the adoption of the goals and
policies continues to be mandatory. Section 15.12.040 now reads:
“Notwithstanding Government Code Section 53312.7(a), the local goals and
policies required in connection with any proceedings taken, special tax levied or
bonds issued pursuant to this Chapter, may be adopted at any time prior to or
during the proceedings to establish a community facilities district.”
The Ordinance is brought back tonight for adoption.
FISCAL ANALYSIS:
There is no direct fiscal impact with the adoption of the proposed Ordinance.
However, by enhancing the State law for the formation of CFDs through the adoption City of Culver City, California
Agenda Item Report
of the Ordinance, it will provide a more consistent process for creation of CFDs in
the future, which could help finance infrastructure, streetscape, and other public
benefit projects for the various areas in which CFDs are formed.
ATTACHMENTS:
1. Proposed Ordinance
MOTION:
That the City Council:
Adopt an Ordinance adding a new Chapter 15.12, Community Facilities District
Financing, to the Culver City Municipal Code.
MEETING DATE: 08.13.12
AGENDA ITEM: Adoption of an Ordinance Adding a New Chapter 15.12,
Community Facilities District Financing, to the Culver
City Municipal Code.
ATTACHMENTS
Pages
1. Proposed Ordinance 1-5 1 ORDINANCE NO. 2012-
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AN ORDINANCE OF THE CITY OF CULVER CITY,
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CALIFORNIA, ADDING A NEW CHAPTER 15.12,
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COMMUNITY FACILITIES DISTRICT FINANCING, TO THE
CULVER CITY MUNICIPAL CODE.
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WHEREAS, the City Council desires to add a new Chapter 15.12, Community
Facilities District Financing, to the Culver City Municipal Code as a supplement to existing
State law for the formation of a community
facilities district (Mello Roos Community
Facilities Act of 1982), in order to further facilitate the formation of community facilities
districts, which are an important tool for the financing of public improvements and services
when no other source of funding is available.
NOW THEREFORE,
the City Council of the City of Culver City, California,
DOES HEREBY ORDAIN as follows:
SECTION 1. Chapter 15.12 is hereby added to the Culver City Municipal
Code to read as follows:
CHAPTER 15.12: COMMUNITY FACILITIES DISTRICT FINANCING
Sections:
15.12.005 - Purpose and Intent
15.12.010 - Special Tax Proceedings
15.12.015 - Nonexclusivity
15.12.020 - Construction
15.12.025 - incorporation of the Mello-Roos Community Facilities Act of 1982
15,12.030 - Authorized Services
15.12.035 - Special Tax Levy; Election; Voter Qualifications; Ballots
15_12.040 — Goals and Policies
25 15_12.045 - Conflict of Law
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24 15.12.005 Purpose and Applicability
The purpose and intent of this Chapter is to establish a procedure for financing
certain public capital facilities and services through the establishment of community
facilities districts, the levy of special taxes within such districts and the issuance of
bonds secured by such special taxes_ The provisions of this Chapter are intended
to be a supplement to existing state law for the formation of community facilities
districts (Mellow-Roos Community Facilities Act of 1982).
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15.12.010 Special Tax Proceedings
Proceedings for the formation of a community facilities district or districts may be
conducted pursuant to this Chapter whether or not provided in any state law.
15.12.015 Nonexclusivity
A. This Chapter is not, in any way, exclusive.
B. The procedures provided in this Chapter are alternative to any other
procedure provided in this Code or under state law.
C. The resolution of intention in any proceedings under any state law or other
provision of this Code may provide that such provisions are supplemented by
this Chapter.
15.12.020 Construction
This Chapter is to be liberally construed.
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15.12.025 Incorporation of the Mello-Roos Community Facilities
Act of 1982.
A. The Mello-Roos Community Facilities Act of 1982 (Chapter 2.5, commencing
with Section 53311, of Part 1 of Division 2 of Title 5 of the Government Code,
as amended from time to time), is incorporated in and made a part of this
Chapter.
B. Except as otherwise provided by this Chapter, the mode and manner for
making improvements, for levying and collecting special taxes and for issuing
bonds shall be as prescribed in the Mello-Roos Community Facilities Act of
1982.
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2 15.12.030 Authorized Services; Public Parking Facilities
A. A community facilities district special tax, whether approved by vote of the
landowners or the registered voters of the district, may finance the operation,
maintenance and servicing related to provision of transportation services, in
addition to the services specified in the Mello-Roos Community Facilities Act
of 1982, notwithstanding the fact that any such services supplant services
which were already available within the territory when the district was created.
A community facilities district special tax, whether approved by vote of the
landowners or the registered voters of the district, may finance the purchase,
construction, expansion, improvement, or rehabilitation of any public parking
facility with an estimated useful life of five years or longer, and the operation
and maintenance of such parking facility, in addition to the financing powers
specified in the Mello-Roos Community Facilities Act of 1982.
15.12.035 Special Tax Levy; Election; Voter Qualifications; Ballots
A. Notwithstanding Government Code Section 53326(a), the City Council shall
submit the levy of any special taxes to the qualified electors of the proposed
community facilities district or to the qualified electors of the territory to be
annexed by the community facilities district in the next general election or in a
special election to be held, notwithstanding any other requirement, including
any requirement that elections be held on specified dates, contained in the
Elections Code, at least 45 days, but not more than 180 days, following the
adoption of the resolution of formation. This subsection 15.12.35.A shall
apply only if the election is to be by the landowners of the proposed
community facilities district, as described in Government Code Section
53326(b), and the proposed community facilities district is funding authorized
services with no debt to be issued.
B. Notwithstanding Government Code Section 53326(b), if the vote is to be by
the landowners of the proposed community facilities district, as described in
Government Code Section 53326(b), the City Council may provide for an
alternative to the method of voting of each landowner having one vote for
each acre or portion of an acre of land that a landowner owns within the
proposed community facilities district. The alternative method of voting
authorized by this subsection 15.12.035.B, provides that each landowner
shall have one vote for each dollar or portion of a dollar of special tax that
may be levied on such landowner's land to be included in the proposed
community facilities district, based upon the proposed rate and method of
apportionment and manner of collection of special tax for the proposed
community facilities district, and the special taxes thereby to be levied in the
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subsection 15.12.35.B shall apply only if the City Council finds that such
alternative method of voting is more reflective of the burden of the special tax
to be levied on the landowners in the proposed community facilities district.
15.12.040 Goals and Policies.
Notwithstanding Government Code Section 53312.7(a), the local goals and policies
required in connection with any proceedings taken, special tax levied or bonds
issued pursuant to this Chapter, may be adopted at any time prior to or during the
proceedings to establish a community facilities district.
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15.12.045 Conflict of Law.
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In the event of any conflict between the provisions of this Chapter and the provisions
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of the Mello-Roos Community Facilities Act of 1982, this Chapter shall govern.
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13 SECTION 2. Pursuant to Section 619 of the City Charter, this Ordinance
14 shall take effect thirty (30) days after the date of its adoption. Pursuant to Sections 616
15 and 621 of the City Charter, prior to the expiration of fifteen (15) days after the adoption,
16 the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the
17 Culver City News and shall post this Ordinance or a summary thereof in at least three
18 places within the City.
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-4- APPROVED AS TO FORM:
L A. SCHWAB, City Attorne
1 SECTION 3. The City Council hereby declares that, if any provision, section,
2 subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared
3 invalid or unconstitutional by any final action in a court of competent jurisdiction or by
4 reason of any preemptive legislation, then the City Council would have independently
5 adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases
6 or words of this ordinance and as such they shall remain in full force and effect.
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APPROVED AND ADOPTED this day of , 2012.
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ANDREW WEISSMAN , Mayor
City of Culver City, California
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ATTEST:
MARTIN R. COLE, City Clerk
Al2-00523
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