HomeMy WebLinkAbout2021-09 CC Resolution RESOLUTION NO. 2021-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING JOINT COMMUNITY
FACILITIES AGREEMENT RELATING TO THE
FINANCING OF PUBLIC IMPROVEMENTS AND
IMPLEMENTATION OF AN ACQUISITION AGREEMENT
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The Board of Directors of the Temecula Public Financing Authority (the
"Authority") is undertaking proceedings to form the Temecula Public Financing Authority
Community Facilities District No. 20-01 (Heirloom Farms) (the "CFD") pursuant to the Mello-
Roos Community Facilities Act of 1982, as amended (the "Act"), and the Authority intends to
issue bonds of the Authority for the CFD (the "Bonds") in order to finance, among other
improvements, the costs of public improvements (the "Improvements") to be owned and/or
operated by the City of Temecula(the"City") described in the proceedings to form the CFD.
Section 2. The CFD is also expected to be authorized to fund certain maintenance services
(the"Services")described in the proceedings to form the CFD.
Section 3. In order to enable the CFD to finance the Improvements and the Services,
Section 53316.2 of the California Government Code requires that the City and the Authority enter
into a joint community facilities agreement prior to the adoption by the Authority of a resolution
authorizing the issuance of the Bonds,with respect to the portion of the Improvements to be owned
or operated,and with respect to the Services to be provided,by the City for the CFD.
Section 4. A form of joint community facilities agreement, by and between the City and
the Authority relating to the Improvements to be owned or operated by the City, and with respect
to the Services to be provided by the City for the CFD (the "Joint Community Facilities
Agreement")has been filed with the City Clerk.
Section 5. The City Council, with the assistance of City staff, has reviewed the Joint
Community Facilities Agreement, and the City Council now desires to approve the Joint
Community Facilities Agreement and direct its execution and delivery.
Section 6. The Authority expects to enter into an Acquisition Agreement(the"Acquisition
Agreement")with of the developer of the land in the CFD,whereby developer will construct some
of the Improvements to be acquired with the proceeds of the Bonds.
Section 7. The implementation of the Acquisition Agreement will involve actions by the
Director of Public Works of the City and certain other City officials, and the City Council now
desires to authorize City officials to assist in the implementation of the Acquisition Agreement.
Section 8. The City Council hereby approves the Joint Community Facilities Agreement
in the form on file with the City Clerk, and hereby authorizes and directs the City Manager to
execute and deliver the Joint Community Facilities Agreement in such form together with any
changes therein deemed advisable by the City Manager upon consultation with the City Attorney
and Bond Counsel, the approval of such changes to be conclusively evidenced by the execution
and delivery by the City Manager of the Joint Community Facilities Agreement. The City Council
hereby declares that the Joint Community Facilities Agreement will be beneficial to the residents
residing within the boundaries of the City.
Section 9. The City Council hereby authorizes the Director of Public Works and all other
appropriate officials of the City to assist the Authority in the implementation of the Acquisition
Agreement, and to perform those functions described in the Acquisition Agreement as to be
performed by officials of the City.
Section 10. The Mayor, City Manager, Director of Finance, the Director of Public Works
and City Clerk, and all other officers of the City, are hereby authorized and directed to take all
actions and do all things necessary or desirable hereunder to implement the Joint Community
Facilities Agreement and to assist the Authority in implementing the Acquisition Agreement,
including but not limited to the execution and delivery of any and all agreements, certificates,
documents and other instruments which they, or any of them, deem necessary or desirable and not
inconsistent with the purposes of this Resolution and such agreements.
Section 11. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 23`d day of February, 2021.
Maryann Edwards, Mayor
ATT
7S-72_,
Randi JOEL City Clerk
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 2021-09 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 23rd day of February, 2021, by the following vote:
AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank,
Stewart
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
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