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HomeMy WebLinkAbout03-076 CC ResolutionRESOLUTION NO. 03-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OF INTENTION TO ACQUIRE IMPROVEMENTS AND TO FORM AN ASSESSMENT DISTRICT NO. 03-04 (JOHN WARNER ROAD) AND RELATED INTEGRATED FINANCING DISTRICT WHEREAS, the City Council (the "Council") of the City of Temecula (the "City") is of the opinion that the public interest and convenience require and that it is the intention of the Council to order the acquisition and construction of the improvements described in Exhibit A attached hereto and incorporeted herein by this reference (the "Improvements"); and WHEREAS, the Council will accomplish the financing of the Improvements by the formation of the City of Temecula Assessment District No. 03-04 (John Warner Road) (the "Assessment District") pursuant to the Municipal Improvement Act of 1913, being Division 12 of the California Streets and Highways Code (the "Act") and the issuance of municipal bonds pursuant to the Improvement Bond Act of 1915, being Division 10 of the California Streets and Highways Code (the "Bond Act"); and WHEREAS, the land within the boundaries of the Assessment District will be specially benefited by the Imprevements; and WHEREAS, in order to assure an equitable contribution by the landowners within the Assessment District, the Council proposes to form, in combination with the Assessment District, an integrated financing district to be known as the City of Temecula Integrated Financing District No. 03-05 (John Warner Road) (the "lntegreted Financing District") pursuant to the Integreted Financing District Act, being Sections 53175 et. seq. of the California Government Code, as amended (the UlFD Act"), to include those parcels within the Assessment District that may later subdivide into additional buildable parcels as further provided herein; and WHEREAS, the Improvements are for the purpose of repairing, restoring, rebuilding, rehabilitation or modernizing existing street and storm drain improvements and there are over 12 resident voters within the proposed boundaries of the Assessment District; and WHEREAS, the Director of Public Works of the City has advised the Council that he has determined that the Improvements are necessary for reasons of public safety and to avoid substantially larger future costs due to deterioretion and obsolescence of the existing roadway and dreinage facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersection of the public ways referred to are included to the extent that work shall be shown on the plans herein referred to. Section 2. Said streets and highways are more particularly shown on the records in the Office of the County Recorder of Riverside County, California and are shown upon the plans referred to in the Engineer's Report described below. R:/Resos 2003/Resos 03-76 I Section 3. All of said work and improvements shall be acquired and constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications. Section 4. There is to be excepted from the work herein described any of such work already done to line and grade and marked "excepted" or shown "not to be done" on said plans, profiles and specifications. Section 5. Notice is hereby given of the fact that in many cases said work and ~mprovements will bring the finished work to a grade different from that formerly existing, and to that extent work will be done to said changed grades. Section 6. The Council does hereby intend to adopt and establish, as the official grades for said work, the grades and elevations shown upon said plans, profiles and specifications upon completion of the same. All such grades and elevations shall be in feet and decimals thereof, with reference to the datum plane of the City. Section 7. The description of the Improvements and the termini of the work contained in this Resolution of Intention are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work, and maps and descriptions to be contained in the Engineer's Report shall be controlling as to the correct and detailed description thereof. Section 8. Said Improvements, in the opinion of the Council, are of more than local, general or ordinary public benefit, and the costs and expenses thereof are made chargeable upon an assessment district, the exterior boundaries of which district are the composite and consolidated area as more particularly shown on a map labeled "Proposed Boundaries of Assessment District No. 03-04 (John Warner Road), City of Temecula, Riverside County, California," prepared by the Engineer of Work and on file in the Office of the City Clerk, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the proposed Assessment District and shall govern for all details as to the extent of the Assessment District. Section 9. The Council further declares that all public streets and highways within the Assessment District in use in the performance of a public function as such shall be omitted from the assessment hereafter to be made to cover the costs and expenses of the Improvements. Section 10. Notice is hereby given that serial and/or term bonds to represent unpaid assessments, and to bear interest at a rate not to exceed the maximum rate provided by law shall be issued pursuant to the Bond Act, and that the applicable provisions of Part 11.1 of the Bond Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, may apply. The last installment of such bonds shall mature not to exceed thirty (30) years from the second day of September next succeeding twelve (12) months from their date. Section 11. Except as herein otherwise provided for the issuance of bonds, all of said Improvements shall be done pursuant to the provisions of the Act. R:/Resos2003/Resos 03-76 2 Section 12. The Council finds and declares that a special reserve fund as provided in Part 16 of the Bond Act (commencing with Section 8880) shall be required, the amount thereof to be fixed and determined upon the sale of bonds for the Assessment District. Section 13. The Council hereby covenants with the owners of said assessment bonds to be issued that it will commence and thereafter diligently prosecute to completion foreclosure actions regarding delinquent installments of the assessments, as will be more fully specified in the resolution of the Council authorizing the issuance of said assessment bonds. Section 14. The Council declares that it is not the intention of the Council to levy assessments to maintain, repair, or improve the acquisitions and improvements pursuant to Section 10100.8 of the California Streets and Highways Code in these proceedings. However, the Council may initiate separate proceedings to establish a maintenance assessment district encompassing the land in the Assessment District. Section 15. The Council hereby acknowledges receipt of a letter from the Director of Public Works, wherein the Director of Public Works has determined that the Improvements are necessary for reasons of public safety and to avoid substantially larger future costs due to deterioration and obsolescence of the public facilities involved. This Council finds and determines, based upon the letter of the Director of Public Works and such other information as has been provided to it, that (a) there are over 12 resident voters within the area proposed to be assessed in these proceedings; (b) the Improvements are necessary for reasons of public safety and to avoid substantially larger future costs due to deterioration and obsolescence of the public facilities involved; and (c) in light of the foregoing, and pursuant to Section 2808.6 of the California Streets and Highways Code, Division 4 of the Streets and Highways Code does not apply to these proceedings. Section 16. Said acquisitions and Improvements are hereby referred to the Director of Public Works who is hereby appointed as the Engineer of Work for the Assessment District, and the Director of Public Works is hereby directed to make and file, or cause to be made and filed, with the City Clerk a report (the "Engineer's Report") in writing, presenting the following, as applicable: (a) Plans and specifications of the proposed Improvements to be constructed and installed. The plans and specifications need not be detailed and are sufficient if they show or describe the general nature, location, and extent of the Improvements. (b) A general description of works or appliances already installed, if any, and any other property necessary or convenient for the operation of the Improvements, if the work, appliance, or property is to be acquired as part of the Improvements. (c) An estimate of the cost of the Improvements and incidental expenses in connection with the Improvements, including any costs of registering bonds, and an estimate of the amount of any proposed assessment to maintain, repair, or improve the Improvements for each of the first five years during which the assessment would be levied. (d) A diagram showing, as they existed at the time of the passage of this Resolution, all of the following: (i) the exterior boundaries of the Assessment District; (ii) the boundaries of any zones within the Assessment District; and (iii) the lines and dimensions of each parcel of land within the Assessment District. R:/Resos 2003/Resos 03-76 3 (e) A proposed assessment of the total amount of the cost and expenses of the proposed Improvements upon the several subdivisions of land in the Assessment District in proportion to the estimated special benefits to be received by each subdivision, respectively, from the Improvements. (f) A proposed maximum assessment upon each of the several subdivisions of land in the Assessment District to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration of any associated bonds and reserve or other related funds. Section 17. if any excess shall be realized from the assessment it shall be used, in such amounts as the Council may determine, in accordance with the provisions of law for one or more of the following purposes: (a) for transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or five percent (5%) of the total amount expended from the Assessment District improvement fund; (b) as a credit upon the assessment and any supplemental assessment in accordance with the provisions of Section 10427.1 of the California Streets and Highways Code; (c) for the maintenance of the Improvements or a specified part thereof; or (d) to call bonds, thereby reducing outstanding assessments and subsequent assessment installments. In the event that the Council determines to use all or some portion of the surplus to call bonds prior to maturity, the City shall do each of the following: (1) Cause the special reserve fund, if any, to be reduced as necessary pursuant to Section 8887 of the California Streets and Highways Code to assure that the bonds will not become subject to federal income taxation. (2) Cause any assessment previously paid in cash to receive a credit in cash pursuant to subdivision (b) of Section 10427.1 of the California Streets and Highways Code for the proportionate share of the surplus as determined pursuant to subdivision (a) of Section 10427.1 of the California Streets and Highways Code. (3) Cause the preparation of new auditor's records to reflect the adjusted principal amount of the remaining assessments. All subsequent assessment installments shall be based upon the adjusted principal amount of the assessments as reflected in the revised auditor's record. Section 18. Notice is further given that the City will not obligate itself to advance available funds from the City general fund to cure any deficiency which may occur in the bond redemption fund; provided, however, that the Council does not hereby preclude itself from so advancing such funds if, in its sole discretion, it so determines. R:/Resos 2003/Resos03-76 4 Section 19. It is further determined pursuant to California Streets and Highways Code Section 8571.5, that the bonds may be refunded in the manner provided by Division 11.5 of the California Streets and Highways Code if the Council determines that it is in the public interest or otherwise necessary or appropriate to do so. Section 20. Notice is hereby given that in the opinion of the Council, the areas contained within the proposed Assessment District are the properties which will be specially benefited by the Improvements and the issuance of bonds, and that the public interest and convenience require, and that it is the intention of the Council that administrative expenses shall be added to each annual installment of the unpaid assessments to pay costs incurred by the City and not otherwise reimbursed, which result from the administration of the bonds and reserve or other related funds, all as set forth in Section 10312 of the Act. Section 21. Notice is hereby given that pursuant to Section 8682.1 of the Bond Act, in addition to or as a part of the assessment lien levied against each parcel of land within the Assessment District, each parcel of land shall also be subject to an annual assessment to pay costs incurred by the City which result from the expenses of (i) registration of any bonds and (ii) compliance with federal arbitrage laws. The amounts collected will be based on actual administrative expenses or projected administrative expenses, and no maximum need be stated in the Engineer's Report. If the City performs any transfer, registration, authentication, payment or other related registration function, the City may be reimbursed for its actual expenses, including a pro rata amount of the salaries of the City employees involved in the performance of these functions. In addition, no public hearing shall be required prior to their levy. These costs are to be distinguished from the costs of reimbursing the City for non-registration administrative expenses, described in paragraph 20 above, for which an annual estimate will be provided in the Engineer's Report. Section 22. Pursuant to Section 20487 of the California Public Contract Code, in the opinion of the Council, the public interest will not be served by allowing owners of property in the proposed Assessment District to take a contract for the performance of any of the work of the Improvements herein referenced, so that no notice of award of contract shall be published. Section 23. It is hereby acknowledged that, for all purposes of the Act and the Bond Act, the Director of Public Works is the Superintendent of Streets for the City. Section 24. The City, in combination with the Assessment District, will proceed under the IFD Act to create the Integrated Financing District. The boundaries of the Integrated Financing District shall include the following parcels within the Assessment District that legally may be subdivided into two or more parcels, as identified by Assessment Parcel Number on the map of the Assessment District referred to in Section 8 above: 1 through 33 inclusive. A contingent assessment, in the amount to be identified in the Engineer's Report, will be levied upon each parcel in the Integrated Financing District, and shall be due and payable in a lump sum at the time of approval by this Council of a tentative subdivision map, vesting tentative subdivision map or final subdivision map (whichever may first occur) for any parcel within the Integrated Financing District. Any funds arising from any levy in the Integrated Financing District shall be used to pay all or part of the principal and interest on debt incurred by the City for the Assessment District, thereby relieving in part the obligation to pay assessments levied for the Assessment District, in a manner determined by the Council in the documents for the bonds to be issued for the Assessment District, but only to the degree that proceeds of any contingent assessment parcels in the Integrated Financing District are actually collected and available for such purpose. A public hearing on the proposed Integrated Financing District under the IFD Act R:/Resos 2003/Resos 03-76 5 will be combined with the hearing required under the Act with respect to the formation of the Assessment District, and the procedures for interested persons to protest against the proposed Integrated Financing District shall be as described in Section 53183(a) of the California Government Code, which section is by this reference included in this Resolution as it fully sets forth herein, with any written protest as described therein to be delivered to the City Clerk prior to the conduct of the public hearing on the proposed Integrated Financing District. The Director of Public Works is hereby directed to include in the Engineer's Report a description of the rates and methods of apportionment over time of the levy to be made in the Integrated Financing District, and the contingencies under which each levy will be made. R:/Resos 2003/Resos 03-76 6 Section 25. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a meeting held on the 24th day of June, 2003. ATTEST: .- [SEAL] ~____~ '~ 0(_~Jeffr'~'~E. Stone, MayOr R:/Resos 2003/Resos 03-76 7 STATE Of CALIFORNIA ) COUNTY Of RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 03-76 was duly adopted at a special meeting of the City Council of the City of Temecula on the 24th day of June, 2003, by the following roll call vote: AYES: 4 COUNClLMEMBERS: Comerchero, Naggar, Pratt, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts ABSTAIN: 0 COUNCILMEMBERS: None Susan ~/~. Jo~e~, CMC ~ ...~City Clerk R:/Resos 2003/Resos 03-76 8 EXHIBIT A DESCRIPTION OF WORK Street Improvements; including the construction of John Warner Road, Lolita Road, Paulita Road, Colver Court and La Presa Loop. Full width improvements to include, but not be limited to: grading, asphalt berm, asphalt pavement, signage and striping and any other appurtenant improvements necessary to complete John Warner Road, Lolita Road, Paulita Road, Colver Court and La Presa Loop. Storm Drain Improvements; including, but not limited to: reinforced concrete pipe (RCP) crossings at Paulita Road and John Warner Road, a permanent detention basin, an RCP storm drain system along John Warner Road terminating approximately 210 feet south of the intersection of John Warner Road and Cabrillo Road, an outlet structure to include rock slope protection and any other appurtenant improvements necessary to complete the above- described storm drain improvements. R:/Resos 2003/Resos 03-76 9