HomeMy WebLinkAbout04. Conduct a public hearing to consider approving Central San membership in the California Municipal Finance Authority (CMFA) and participation in the Bond Opportunities for Land Development (BOLD) ProgramDCENTRALSAN
MEETING DATE: AUGUST 17, 2023
BOARD OF DIRECTORS
POSITION PAPER
Page 1 of 19
Item 4.
SUBJECT: CONDUCTA PUBLIC HEARING TO CONSIDER APPROVING CENTRAL
SAN MEMBERSHIP IN THE CALIFORNIA MUNICIPAL FINANCE
AUTHORITY (CMFA) AND PARTICIPATION IN THE BOND OPPORTUNITIES
FOR LAND DEVELOPMENT (BOLD) PROGRAM. CONSIDER ADOPTING
RESOLUTION 2023-024 AUTHORIZING CENTRAL SANTO JOIN CMFAAND
RESOLUTION 2023-025 AUTHORIZING THE GENERAL MANAGER TO
PARTICIPATE IN THE BOLD FUNDING PROGRAM
SUBMITTED BY: INITIATING DEPARTMENT:
THOMAS BRIGHTBILL, SENIOR ENGINEER ENGINEERING AND TECHNICAL SERVICES-
RUSS LEAVITT, ENGINEERING ASSISTANT III PDS -RATES AND FEES
REVIEWED BY: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION
MANAGER
PHILIP LEIBER, DEPUTYGENERAL MANAGER
GREG NORBY, DEPUTY GENERAL MANAGER
ISSUE
A public hearing is required for Central San to join the California Municipal Finance Authority (CMFA) and
participate in the Bond Opportunities for Land Development (BOLD) program.
BACKGROUND
In January 2023, staff received an inquiry asking if Central San would be open to joining CMFA and
participating in the BOLD financing program.
August 17, 2023 Regular Board Meeting Agenda Packet - Page 19 of 115
Roger S. Bailey
Kenton L. Alm
General Manager
District Counsel
ISSUE
A public hearing is required for Central San to join the California Municipal Finance Authority (CMFA) and
participate in the Bond Opportunities for Land Development (BOLD) program.
BACKGROUND
In January 2023, staff received an inquiry asking if Central San would be open to joining CMFA and
participating in the BOLD financing program.
August 17, 2023 Regular Board Meeting Agenda Packet - Page 19 of 115
Page 2 of 19
California Municipal Finance Authority (CMFA)
CMFA is a Joint Powers Authority (JPA) made up of over 30 cities and special districts formed to help
finance public infrastructure projects in California. Member agencies from Contra Costa County include
the City of Oakley, Diablo Water District, and the I ronhouse Sanitary District. The City of Lafayette is
joining CMFA as well. Other sanitary district members include Sacramento Regional County Sanitation
District and the Truckee Sanitary District.
CMFA can issue municipal bonds on behalf of members after the member agency holds a public hearing
on the proposed issuance. As a purpose-built financing authority, CMFA is typically able to reduce
borrowing and administrative costs for these financing activities.
There is no cost to member agencies to join CMFA or participate in financing.
Attachment 1 is the resolution authorizing Central San to join CMFA.
CMFA's Bond Opportunities for Land Development (BOLD) program
The BOLD program allows projects to be financed through the sale of bonds and the formation of
Community Facilities Districts (CFDs) which provide for the repayment of the bonds through a special tax
levied against the parcel or parcels within the project. For projects involving Central San and other
wastewater utilities, Capacity Fees and any costs for infrastructure which Central San would ultimately own
can be financed.
Upon approval of an individual project meeting BOLD's participating criteria,
• the BOLD team works with the local agency(s) to determine which Capacity Fees and infrastructure
construction costs are eligible to be funded and whether they qualify for tax-exempt bonds.
• the local agency's Authorizing Officer (typically the General Manager or designee) approves the
project's participation in BOLD financing for the agency
• the BOLD team forms the CFD
• the BOLD team sells bonds for the project and disburses funding to the local agency(s)
The bonds for one project can cover fees and improvements for multiple participating agencies and the
BOLD program can combine multiple projects into one bond issuance.
The bonds are issued through CMFA and do not affect Central San's credit rating or debt coverage ratios.
The bond issuance (including the associated costs) and ongoing CFD administration are handled by the
BOLD team.
Attachment 2 is the resolution authorizing Central San to participate in the BOLD financing program.
Attachment 3 is "Exhibit A" to the BOLD resolution and is the Joint Community Facilities Agreement which
described the process for CFD setup and disbursement of funds to Central San. Please note that this
agreement contains its own Exhibits A and B.
The Lafayette Project
If participation in the BOLD program is approved by the Board of Directors, the first project likely to be
financed is a mixed-use development in downtown Lafayette consisting of 138 residential condominiums
and a new medical office building. The Central San Capacity Fees for the project are estimated to be
approximately $600,000. The project is also pursuing financing the City of Lafayette's fees through the
BOLD program.
August 17, 2023 Regular Board Meeting Agenda Packet - Page 20 of 115
Page 3 of 19
ALTERNATIVES/CONSIDERATIONS
The Board could choose not to join CMFA and to not participate in the BOLD program.
FINANCIAL IMPACTS
None byjoining CFMA. There may be minimal additional staff time required for working with the BOLD
team on ongoing administration for the program.
COMMITTEE RECOMMENDATION
This matter was reviewed at the June 20, 2023, Finance Committee meeting. The committee
recommended that the Board set today's public hearing to consider approving membership in CMFA and
participating in the BOLD program.
RECOMMENDED BOARD ACTION
Conduct the public hearing and adopt Resolution No. 2023-024 and Resolution No. 2023-025, as
presented.
Strategic Plan Tie -In
GOAL ONE: Customer and Community
Strategy 2 - Promote initiatives to advance affordable and equitable access to services
ATTACHMENTS:
1. Resolution 2023-024 join CMFA
2. Resolution 2023-025 approve BOLD and JCFA
3. Joint Community Facilities Agreement (note that this agreement has its own Exhibits A and B)
4. Presentation
August 17, 2023 Regular Board Meeting Agenda Packet - Page 21 of 115
Page 4 of 19
Attachment 1
RESOLUTION NO. 2023-024
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF A
JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA
MUNICIPAL FINANCE AUTHORITY
WHEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of
the State of California (the "Act"), certain public agencies (the "Members") have entered
into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance
Authority, dated as of January 1, 2004 (the "Agreement") in order to form the California
Municipal Finance Authority (the "Authority"), for the purpose of promoting economic,
cultural and community development and in order to exercise any powers common to
the Members, including the issuance of bonds, notes or other evidences of
indebtedness; and
WHEREAS, Central Contra Costa Sanitary District (the "District") has determined that it
is in the public interest and for the public benefit that the District become a Member of
the Authority in order to facilitate the promotion of economic, cultural and community
development activities in the District, including the financing of projects therefor by the
Authority; and
WHEREAS, there is now before this Board of Directors the form of the Agreement; and
WHEREAS, the Agreement has been filed with the District, and the members of the
Board of Directors of the District, with the assistance of its staff, have reviewed said
document;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra
Costa Sanitary District (Central San) as follows:
THAT the Agreement is hereby approved and the President, General Manager or the
designee thereof is hereby authorized and directed to execute said document, and the
District Secretary or such Secretary's designee is hereby authorized and directed to
attest thereto; and
THAT the executing officers(s), the Secretary and all other proper officers and officials
of the District are hereby authorized and directed to execute such other agreements,
documents and certificates, and to perform such other acts and deeds, as may be
necessary or convenient to effect the purposes of this Resolution and the transactions
herein authorized; and
THAT this Resolution shall take effect immediately upon its passage; and
THAT the Secretary shall forward a certified copy of this Resolution and an originally
executed Agreement to the Authority in care of its counsel:
August 17, 2023 Regular Board Meeting Agenda Packet - Page 22 of 115
Page 5 of 19
Central Contra Costa Sanitary District
Resolution No. 2023-024
Page 2 of 2
Ronald E. Lee, Esq.
Jones Hall, APLC
475 Sansome Street, Suite 1700
San Francisco, CA 94111
PASSED AND ADOPTED this 17th day of August 2023 by the Board of Directors of
Central San by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
Barbara D. Hockett
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Katie Young
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm, Esq.
Counsel for the District
August 17, 2023 Regular Board Meeting Agenda Packet - Page 23 of 115
Page 6 of 19
Attachment 2
RESOLUTION NO. 2023-025
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
AUTHORIZING EXECUTION AND DELIVERY OF JOINT COMMUNITY FACILITIES
AGREEMENTS IN CONNECTION WITH THE BOND OPPORTUNITIES FOR LAND
DEVELOPMENT (BOLD) PROGRAM
WHEREAS, the California Municipal Finance Authority (the "CMFA") is a joint exercise
of powers authority, the members of which include numerous cities, counties and other
local agencies in the State of California (the "State"); and
WHEREAS, the CMFA has established the Bond Opportunities for Land Development
Program (the "BOLD Program") to allow the financing through the levy of special taxes
under the Mello -Roos Community Facilities Act of 1982, as amended (the "Act") of
certain public facilities and development impact fees that finance public facilities
(together, the "Improvements") to be owned by local agencies ("Participating Local
Agencies") in the State; and
WHEREAS, the Act provides that a community facilities district (a "CFD") may finance
facilities to be owned or operated by a public agency other than the agency that created
the CFD, or services to be provided by a public agency other than the agency that
created the CFD, or any combination, pursuant to a joint community facilities
agreement; and
WHEREAS, the Central Contra Costa Sanitary District (the "District") may be eligible to
receive certain development impact fees from development within CFDs within the
boundaries or service area of the District; and
WHEREAS, the District desires to become a Participating Local Agency and enter into a
joint community facilities agreement with CMFA in connection with the use by
developers of the BOLD Program within the boundaries or service area of the District;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra
Costa Sanitary District (Central San) as follows:
THAT the Board of Directors hereby approves the execution and delivery of one or
more joint community facilities agreements, substantially in the form presented to the
Board of Directors and attached hereto as Exhibit A ("JCFA"), with such other changes
as the General Manager, Director of Finance and Administration, or a designee of the
foregoing (each, an "Authorized Officer") may deem appropriate or necessary in
connection with the formation of one or more CFDs by CMFA as part of future
financings. Each Authorized Officer is authorized and directed to execute and deliver
one or more JCFAs on behalf of the District as necessary or appropriate in connection
with the foregoing, and the Board of Directors finds and declares that entrance into each
such agreement will be beneficial to residents within the District. Each Authorized
Officer is hereby further authorized and delegated the ability to approve applications
submitted by developers to the BOLD Program and evidence the District's official intent
to reimburse itself for capital projects from tax-exempt bond proceeds issued by CMFA
in connection with the BOLD Program; and
August 17, 2023 Regular Board Meeting Agenda Packet - Page 24 of 115
Page 7 of 19
Central Contra Costa Sanitary District
Resolution No. 2023-025
Page 2 of 2
THAT this Resolution shall take effect immediately upon its adoption. The Secretary of
the Board is hereby authorized and directed to transmit a certified copy of this resolution
to the Secretary of CMFA.
PASSED AND ADOPTED this 17th day of August 2023 by the Board of Directors of
Central San by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
Barbara D. Hockett
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Katie Young
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm, Esq.
Counsel for the District
August 17, 2023 Regular Board Meeting Agenda Packet - Page 25 of 115
Page 8 of 19
ttachment 3
CMFA BOLD PROGRAM
Joint Community Facilities Agreement
This Joint Community Facilities Agreement (this "Agreement"), dated to be effective as
of August 17, 2023, by and between the CALIFORNIA MUNICIPAL FINANCE AUTHORITY, a
joint exercise of powers authority duly organized and existing under the Constitution and laws
of the state of California (the "CMFA"), and CENTRAL CONTRA COSTA SANITARY
DISTRICT, a special district duly organized and existing under the Constitution and laws
of the state of California (the "District," and together with CMFA, the "Parties").
WITNESSETH:
WHEREAS, CMFA has conducted, or intends to conduct, proceedings under the Mello -
Roos Community Facilities Act of 1982 (California Government Code section 53311 et seq.)
(the "Act") to form community facilities districts (each, a "CFD") to finance certain public facilities
and development impact fees used for public facilities authorized to be financed under the
Act (together, the "CFD Improvements") as part of its Bond Opportunities for Land
Development ("BOLD") program;
WHEREAS, the CFD Improvements have or will be described in the resolution of
formation for each CFD, including the impact fees payable to the District for public facilities that
are set forth on Exhibit A hereto (the "District Improvements");
WHEREAS, CMFA intends to utilize the proceeds of sale of special tax bonds of the
CFDs (the "Bonds") to finance some or all of the CFD Improvements, including the
District Improvements;
WHEREAS, under Section 53316.2 of the Act, CMFA may form a CFD to, among other
things, finance the District Improvements, provided CMFA and the District enter into a joint
community facilities agreement such as this Agreement; and
WHEREAS, the District is willing to cooperate with CMFA in accomplishing the financing
of the District Improvements, and to confer upon the CMFA full power to provide financing for
the District Improvements in the event that proceeds of special taxes and/or bonds in the
CFD become available and are utilized for such purpose;
WHEREAS, this Agreement is made under the authority of Section 53316.2 of the Act;
and
WHEREAS, in consideration for the mutual undertakings of the Parties stated herein, the
Parties agree as follows:
AGREEMENT:
1. Administration of CFD and Issuance of Bonds by CMFA. CMFA shall administer
each CFD, including employing and paying all consultants, annually levying the special tax and
August 17, 2023 Regular Board Meeting Agenda Packet - Page 26 of 115
Page 9 of 19
paying and administering the Bonds, and complying with all state and federal requirements
appertaining to the proceedings establishing the CFD and issuing and using the proceeds of the
Bonds, including the requirements of the United States Internal Revenue Code of 1986, as
amended (the "Code").
2. Agreement to Hold and Disburse Available Amounts. CMFA shall hold or cause
to be held the special tax and/or Bond proceeds available for the payment of District
Improvements ("Available Amounts"). Available Amounts shall be disbursed only in accordance
with Section 3 of this Agreement.
3. Disbursements. Available Amounts shall be disbursed pursuant to written
requisitions of the District, in substantially the form attached hereto as Exhibit B and executed by
the General Manager, Director of Finance and Administration, or a designee of the foregoing
(each, an "Authorized Officer"). CMFA and its designees, including any trustee or fiscal agent
holding Available Amounts, may conclusively rely on such requisitions for purposes of making
such disbursements. All disbursements of Available Amounts to the District shall be made by
wire transfer of immediately available funds or by check payable to the District's bank account
number at a bank located within the United States on file with CMFA as part of the BOLD program,
unless another method of payment is requested in writing by the District.
4. Use of Available Amounts for Public Capital Improvements. The District shall
utilize Available Amounts for public capital improvements to be owned by the District. The public
capital improvements to be constructed using Available Amounts will be set forth in requisitions
submitted by the District in accordance with Section 3 above. To the extent the District is acquiring
improvements from any developer using BOLD proceeds, the specifications, design, engineering,
public bidding requirements and related matters for such improvements shall be separately
negotiated and agreed between the District and the applicable developer.
In connection with the issuance of Bonds by CMFA where the interest on the Bonds is
intended to be excluded from income under federal tax law, the District will represent and certify
to CMFA that it has a reasonable expectation of spending the proceeds of such Bonds within 3
years of the date of issuance of such Bonds.
5. Amendments. This Agreement may be amended by a writing signed by the
Parties, including to update Exhibit A to reflect additional or different impact fees and public
facilities to be financed through the BOLD program.
6. Term of this Agreement. This Agreement shall be in full force and effect from this
date to and including its termination by mutual written agreement of the parties hereto. CMFA
agrees to terminate this agreement upon request of the District upon delivery to CMFA of an
opinion Bond Counsel to the effect that the termination of this Agreement will not adversely affect
the exclusion from gross income of interest on the Bonds for federal income tax purposes.
7. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original.
[Signatures on Following Page]
-2-
August 17, 2023 Regular Board Meeting Agenda Packet - Page 27 of 115
Page 10 of 19
IN WITNESS WHEREOF the Parties have caused this Agreement to be executed by their
authorized representatives as of the effective date stated above.
CMFA: DISTRICT:
CALIFORNIA MUNICIPAL CENTRAL CONTRA COSTA SANITARY
FINANCE AUTHORITY DISTRICT
0
Edward J. Becker
Executive Director
-3-
IN
Roger S. Bailey
General Manager
August 17, 2023 Regular Board Meeting Agenda Packet - Page 28 of 115
Page 11 of 19
EXHIBIT A
DESCRIPTION OF DISTRICT FEES/IMPROVEMENTS
• Any public capital improvement to be constructed and/or acquired by the District,
including those funded by impact fees payable to the District.
A-1
August 17, 2023 Regular Board Meeting Agenda Packet - Page 29 of 115
Page 12 of 19
EXHIBIT B
DISBURSEMENT REQUEST FORM
To:
California Municipal Finance Authority
2111 Palomar Airport Road, Suite 320
Carlsbad, California 92011
Re: BOLD Program - Request for Disbursement of Bond Proceeds
The undersigned, a duly authorized officer of the Central Contra Costa Sanitary
District (the "District") hereby requests a disbursement of "Available Amounts" from the
account(s) set forth below, and certifies that the amounts listed below have been or will be
spent by the District for listed public capital improvements as of the date indicated below or
within 5 days thereafter:
Account(s)
Amount(s)
[example, CMFA CFD No. 20_-_,
Special Tax Bonds, Series 20_ Project Fund] $
Total:
Wiring Instructions:
The undersigned hereby additionally certifies as follows:
1. These funds have been or will be used to acquire and/or construct capital
improvements, and this disbursement is not being made for the purpose of reinvestment.
2. None of the expenditures for which payment is requested have been
reimbursed previously from other sources of funds.
3. If the total amount above is greater than the "Available Amounts" held by CMFA
for the District, CMFA is authorized to amend the amount requested to be equal to the amount
of such funds.
4. The amounts being disbursed pursuant to this request are being used to finance
or refinance certain public infrastructure and facilities (the "Improvements"). The District will
own, and for the entire useful life of such Improvements reasonably expects to own, all of such
Improvements. The Improvements consist of the following:
B-1
August 17, 2023 Regular Board Meeting Agenda Packet - Page 30 of 115
Page 13 of 19
[Describe the improvements]
5. To the extent any of such Improvements are sold to an entity that is not a state
or local government agency, the District will seek the advice and approval of bond counsel to
CMFA for the BOLD program prior to any such sale. The District will not allow any of such
Improvements to be used (for example, by lease or other contract) in the trade or business of
any nongovernmental persons (other than in their roles as members of the general public). All
of such Improvements will be used in the performance of essential governmental functions of
the District or another state or local government agency. The average expected useful life of
such Improvements is at least years. The representations and covenants contained in this
paragraph are intended to support the conclusion that the interest paid on the bonds issued to
finance the Improvements is excluded from gross income for federal income tax purposes under
Section 103 of the Internal Revenue Code of 1986 (the "Code").
Dated:
Signature:
Print Name:
L3I
August 17, 2023 Regular Board Meeting Agenda Packet - Page 31 of 115
August 17, 2023
California Municipal
Finance Authority
(CMFA) and
the Bond Opportunities
for Land Development
(BOLD) Program
Thomas Brightbill
Senior Engineer
1
The California Municipal
Finance Authority (CMFA)
California Municipal Finance Authority is a statewide
financing authority with over 300 members
CMFA is a statewide joint powers authority whose members are
public agencies throughout California
CMFA'smission istohelp support economic development, the
creation of affordable housing, and social programs throughout
the State of California
To reach its goals, CMFA has served as a conduit issuer on 650
financings for almost $15 billion since 2004
Currently CMFA is serving as the issuer for a $1.5 billion financing for Los
Angeles World Airports
Projects financed include affordable housing, higher education,
healthcare, social service and others
Page 14 of 19
Attachment 4
P -V
Source: CMFA BOLD presentation dated 9/16/2023
2
August 17, 2023 Regular Board Meeting Agenda Packet - Page 32 of 115
$ *-
CMFA's Bond Opportunities for
Land Development (BOLD) Program
Bond Opportunities for Land Development (BOLD) is a financingprogram
offered by the California Municipal Financing Authority (CMFA) that allows
for the financing of public infrastructure and impact fees for development
projects.
Any public agency can participate in the BOLD program, which offers low-
cost, tax-exempt financing for development projects.
To facilitate the program, Community Facilities Districts (CFDs) will be
formed, managed and administered by CMFA, and minimal public agency
efforts will be required in the process. The formation of a CFD will not
necessitate the issuance of bonds or payment of debt service until a project
is ready to issue debt.
A CFD may be formed for a project with bonds issued at a later time when it
best meets the project's development timeline.
Bonds will be issued at multiple times throughout the year and may include
more than one CFD, offering the advantage and option of low-cost, pooled
financing
3
Authorized Jurisdictions
CouMY�nitatlm psVtct rwwdlle _�
Gib mWestS emmeRa "•
Oft, of Dancho 0,l
qty of Sk drove
CRY of FairNeht
Swarm pty'
-
-i-at, of 0=
Ironhouse Sanitary District
Source: CMFA BOLD presentation dated 9/16/2023
iown of Tmokee
/ Truckee SannaryDisiricl
Truckee Donner Puhhc Uli lily pale ct
pty of nocNlln
-
R.i llle Jdnl Union High Schod Dntrlct
- �..�
9Doatlo County
� ��
pryer €incdn
Dry peek 6emenlarysoaed pslrlc[
r
of fkyerbenk
at, afnta cull
donde Ned lieaeationantl Parkps4icl
ptynI-1 Vlma
4
of Lancaster
]b m PalmGafe
ptyd NcmMlle
pry al.e ll
Sart[a Glartta Yalfey Walec-ct
-pry mcahmesa ,
Source: CMFA BOLD presentation dated 9/16/2023
August 17, 2023 Regular Board Meeting Agenda Packet - Page 33 of 115
Page 15 of 19
Page 16 of 19
The BOLD Program Team
E]ONES HALL
PIPER I SANDLER
5
Kopp-c,l., GpuBFP
P U Is L I ,_ P I N A N C I.
GCG
GOODWIN CONSULTING GROUP
What May Be Funded Under BOLD
Uncser i:ize iivLLi i'royrarn, (�I'41Fr� wiil creatB
Community Facility Districts tofinanceeligibk
improvements and local agency fees.
Eligible improvements are extremely flexible and
include:
Streets and Sidewalks
Sewer and Water Treatment Capacity
Water and Sewer Lines
Flood Control
Parks
Open Space
Street Lighting
School Facilities
Additionally, the BOLD Program allows for the
financing offees, including:
City and/or County Fee4 (may require agreement)
School Fees (requiresan agreementwith the
school district)
o Special District Fees (requires agreement)
I
4
Source: CMFA BOLD presentation dared 9/16/2023
August 17, 2023 Regular Board Meeting Agenda Packet - Page 34 of 115
Page 17 of 19
7
Local Agency Requirements under BOLD
A Local Agency is required to become a Member of CMFA
(CMFA Membership is free)
Local Agency may have a consultant review the financing plan to
ensure that it meets with the Local Agency's Goals and Policies
The Local Agency adopts a Resolution consenting to use BOLD
Jones Hall will approve the eligibility of improvements and fees
based on consultation with Local Agency
An acquisition agreement will be executed between the Local
Agency and CMFA to reimburse the developer for public
improvements and/or fees
The Local Agency will accept completed improvements and/or
fees, and requisition of funds
Source: CMFA BOLD presentation dated 9/16/2023
Minimum Project Requirements under BOLD
Minimum size of $500,000*
Required deposit to pay for formation of the CFD
While a CFD can be formed, bond issuance will
typically need to meet the following conditions:
Project must have all discretionary development
entitlements
Tax burden (including all other taxes) cannot exceed 2% of
the estimated value of the home
Value of the property must be at least 4 times the bond lien
and other overlapping debt
Project must meet the goals and policies of the local
jurisdiction
*Total fees and infrastructure for all agencies Source: CMFA BOLD presentation dated 9/16/2023
August 17, 2023 Regular Board Meeting Agenda Packet - Page 35 of 115
CFD Formation Steps
Developer submits application for their project to participate in BOLD
BOLD team works with applicant and local agencies to determine which
facilities and impact fees are eligible to be funded with tax-exempt
bond proceeds or, if needed, taxable bonds
Local Agency agrees to approve the project's participation in BOLD
Developer provides deposit to CMFA to pay for formation of the CFD
Special tax consultant drafts the Rate and Method of Apportionment
and prepares CFD boundary map
CFDs are established by CMFA and special taxes are billed in CMFA's
name
Formation proceedings are conducted by CMFA
Public hearing and landowner vote are conducted by CMFA
CFDs can be formed in as little as 3 months
0
Source: CMFA BOLD presentation dated 9/16/2023
Bond Issuance
Once the CFD is formed and special tax is authorized to be levied, Bonds
can be issued
Bonds can be issued shortly after CFD formation or after an extended
period of time depending on needs of project and status of
development
Bonds for larger CFDs may be issued on a stand-alone basis
Most smaller CFDs (in terms of units and amount borrowed) will be
issued as part of a Pooled Bond Funding Program —bonds for multiple
CFDs issued through a single bond issue
CMFA authorizes the sale of the bonds and issues bonds upon request
CMFA approves Bond and disclosure documents
Bonds are marketed and sold to investors by Piper Sandler
Financing is closed and funds are delivered to pay infrastructure costs
and impact fees
Source: CMFA BOLD presentation dated 9/16/2023
10
August 17, 2023 Regular Board Meeting Agenda Packet - Page 36 of 115
Page 18 of 19
Page 19 of 19
• Public Hearing
Questions and Discussion
11
August 17, 2023 Regular Board Meeting Agenda Packet - Page 37 of 115