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HomeMy WebLinkAbout032216 TPFA Action Minutes ACTION MINUTES ' March 22, 2016 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA PUBLIC FINANCING AUTHORITY MEETING The Temecula Public Financing Authority Meeting convened at 8:02 PM CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: DIRECTORS: Comerchero, Edwards, McCracken, Rahn, Naggar TPFA PUBLIC COMMENTS (None) TPFA BUSINESS City Attorney publically explained the reasons why Director Naggar and Director Comerchero would not be participating on Items 13 and 14 of the Temecula Public Financing Authority Agenda. Europa Vineyard Estates is located on approximately 290.7 acres southeasterly of Butterfield Stage Road and La Serena Way in unincorporated Riverside County. It had been owned by Temecula Vineyard Estates, LLC, and is adjacent to Butterfield Stage Road. Neither Director Naggar nor Director Jeff Comerchero has any direct investments or ownership interests in the Temecula Vineyard Estates, LLC. The managing member of Temecula Vineyard Estates, LLC, is Mr. Daniel ' Stephenson. Director Naggar and Director Comerchero do, however, have ownership interests and are members other limited liability companies that are developing property outside of the City of Temecula in which Mr. Stephenson is also the managing member. Europa Vineyard Estates is now owned by an entity related to Temecula Vineyard Estates, LLC, Sirah Vineyard Development Corporation, Inc. Director Comerchero serves as the president of Sirah Vineyard Development Corporation but owns no shares and has no other economic interests in the corporation or the land. Director Naggar owns no shares and has no other economic interests in Sirah Vineyard Development Corporation. Europa Vineyard Estates is, therefore, an "otherwise related business entity" for these officials within the meaning of § 18703.1 of the FPPC Regulations. The proposed actions on Items 13 and 14 of the TPFA Agenda initiating new and restructured CFO bonds for the Roripaugh Ranch Project will have no material financial effect, indeed no effect, on Europa Vineyard Estates, or the owners of this Project, for the simple reason that the these actions do not change the Roripaugh Ranch Developers' obligation to construct the Phase 3 Improvements to Butterfield Stage Road from what has been required since approval of the original Development Agreement and Specific Plan in December 2002. This is consistent with the Fair Political Practices Commission Legal Staff's March 2008 opinion (A-08-015) [Calixto Property] allowing Director Naggar and Director Comerchero's participation in a decision to acquire property located 372 feet south of Europa Villages Estates necessary for the construction of the Phase 3 Improvements. Additionally, the funding for the Phase 3 Improvements for Butterfield Stage Road has been in place since the Roripaugh Ranch Community Facilities District 03-02 issued community facilities district special tax bonds in April 2006, The City Attorney has determined that Director Naggar and Director Comerchero may participate in the TPFA's approval of Items 13 and 14 of the TPFA Agenda initiating a new and restructured CFD bonds for the Roripaugh Ranch TPFA Action Minutes 032216 1 Project. Director Naggar and Director Comerchero have, however, chosen not to participate in these actions involving the new and restructured bonds and will leave the Council Chamber. 13 Approve the Interpretation of the Prepayment Provisions of the Rate and Method of Apportionment for Community Facilities District No. 03-02 — Roripauph Ranch - Approved Staff Recommendation (3-0, Director Naggar and Director Comerchero absent) Director Rahn made the motion; it was seconded by Director McCracken; and electronic vote reflected approval by Directors Edwards, McCracken and Rahn with Director Naggar and Director Comerchero absent by leaving the Chambers. RECOMMENDATION: 13.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. TPFA 16-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY INTERPRETING THE PREPAYMENT OF SPECIAL TAX PROVISIONS OF THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) ' 14 Establish New Community Facilities District No. 16-01 — Roripauph Ranch Phase 2, Authorize the Levy of Special Taxes and Declare Intention to Incur Bonded Indebtedness - Approved Staff Recommendation (3-0, Director Naggar and Director Comerchero absent) Director McCracken made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors Edwards, McCracken and Rahn with Director Naggar and Director Comerchero absent by leaving the Chambers. RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO TPFA 16-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN — RORIPAUGH RANCH PHASE 2 r TPFA Action Minutes 032216 2 14.2 Adopt a resolution entitled: RESOLUTION NO TPFA 16-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2) TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTORS REPORTS TPFA ADJOURNMENT At 8:21 PM, the Temecula Public Financing Authority meeting was formally adjourned to Tuesday, April 12, 2016, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, TPFA Chair ATTEST• Randi J hl, Secretary [SEAL] TPFA Action Minutes 032216 3