R 3660
RESOLUTION NO. 3660
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
JOINING THE STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM
AND AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNmES
DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM
PROPERTY OWNERS, CONDUCT SPECIAL ASSESSMENT PROCEEDINGS
AND LEVY ASSESSMENTS WITHIN THE TERRITORY OF THE CITY OF
ARROYO GRANDE AND AUTHORIZING RELATED ACTIONS
WHEREAS. the Califomia Statewide Communities Development Authority (the 'Authority") is a
joint exercise of powers authority the members of which include numerous cities and counties in
the State of California. including the City of Arroyo Grande (the 'Clty"); and
WHEREAS. the Authority has established the Statewide Community Infrastructure Program
('SCIP") to allow the financing of certain development impact fees (the "Fees') levied in
accordance with the Mitigation Fee Act (California Govemment Code SectIons 66000 and
following) and other authority providing for the levy of fees on new development to pay for public
capital improvements (collectively, the 'Fee Act") through the levy of special all.ssments
pursuant to the Municipal Improvement Act of 1913 (Streets and HighWays Code Sections
10000 and following) (the "1913 Act") and the issuance of improvement bonds (the 'Local
Obligations") under the Improvement Bond Act of 1915 (Streets and Highways Code Sections
8500 and following) (the '1915 Act"); and
WHEREAS, the City desires to allow the owners of property being developed within its
jurisdiction to participate in SCIP and to allow the Authority to conduct assessment proceedings
under the 1913 Act and issue Local Obligations under the 1915 Act to finance Fees levied on
such properties provided that such property owners voluntarily agree to participate and consent
to the levy of such assessments; and
WHEREAS, In each year in which eligible property owners within the jurisdiction of the City elect
to participate in SCIP, the Authority will conduct assessment proceedings under the 1913 Act
and issue Local Obligations under the 1915 Act to finance Fees payable by such property
owners and, at the conclusion of such proceedings, will levy special assessments on such
property within the territory of the City ICounty; and
WHEREAS. there has been presented to this meeting a proposed form of Resolution of
Intention to be adopted by the Authority in connection with such assessment proceedings, a
copy of which is attached hereto as Exhibit A (the "ROI') and the territory within which
assessment may be levied for SCIP (provided that the owner of any property subject to
assessment consents to such assessment) shall be cotenninouswith the offk:IaI boundaries of
the City of record at the time of adoption of each such Resolution of Intention (the 'Proposed
Boundaries'), and reference is hereby made to such boundaries for the plat or map required to
be included in this Resolution pursuant to Section 10104 of the Streets and HighWays Code;
and
WHEREAS, the City will not be responsible for the conduct of any assessment proceedings; the
levy or collection of assessments or any required remedial action in the case of deUnquencies in
such assessment payments; or the issuance, sale or administration of the Local Obligations or
any other bonds issued in connection with SCIP; and
RESOLUTION NO. 3660
PAGE 2
WHEREAS, pursuant to Govemment Code Section 6586.5, notice was published at least five
days prior to the adoption of this resolution of a pUblic hearing, which was duly conducted by
this Council conceming the significant public benefits of SCIP and the financing of the public
capital improvements to be paid for with the proceeds of the Fees.
NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Arroyo Grande as
follows:
1. The City hereby consents to the conduct of special assessment proceedings by the Authority
in connection with SCIP pursuant to the 1913 Act and the Issuance of Local Obligations
under the 1915 Act on any property within the Proposed Boundaries; provided, that
(a) Such proceedings are conducted pursuant to one or more Resolutions of Intention in
substantially the form of the. ROI; and
(b) The legal owner(s) of such property execute a written consent to the levy of
assessment in connection with SCIP by the Authority and execute an aslessment
ballot in favor of such assessment in compliance with the requirements of Article XIIID
of the State Constitution.
2. The City hereby finds and declares that the issuance of bonds by the Authority in connection
with SCIP will provide significant public benefits. including without limitation, savings in
effective Interest rate. bond preparation, bond underwriting and bond issuance costs and the
more efficient delivery of local agency services to residential and commercial development.
3. The Authority has prepared and will update from time to time the SCIP Manual of
Procedures" (the "Manual') and the City will handle Fee revenues for properties participating
in SCIP in accordance with the procedures set forth therein.
4. The appropriate officials and staff of the City are hereby authorized and directed to make
SCIP applications available to all property owners who are subject to Fees for new
development within the City and to inform such owners of their option to participate in SCIP;
provided. that the Authority shall be responsible for providing such applications and related
materials at its own expense. The staff persons listed on exhibit B. and any other staff
persons chosen by the City Manager from time to time, are hereby designated as the
contact persons for the Authority in connection with the SCIP program.
5. The appropriate officials and staff of the City are hereby authorized and directed to execute
and deliver such closing certificates requisitions and related documents as are reasonably
required by the Authority In accordance with the Manual to implement SCIP for property
owners who elect to participate in SCIP and to evidence compliance with the requirements
of federal and state law in connection with the Issuance by the Authority of the Local
Obligation and any other bonds for SCIP. To that end, and pursuant to Treasury
Regulations SectIon 1.150-2, the staff persons listed on Exhibit B. or other staff person
acting in the same capacity for the City with respect to SCIP. are hereby authorized and
designated to declare the official intent of the City with respect to the public capitai
improvements to be paid or reimbursed through participation in SCIP.
6. Notwithstanding any other provision of this Resolution or of the SCIP Manual, property
within the City which is designated as residential property will not be eligible to participate in
SCIP. Applications for such property may not be approved by the City.
--.-..-
RESOLUTION NO. 3660
PAGE 3
7. This Resolution shall take effect immediately upon its adoption. The Director of
Administrative Services/Deputy City Clerk is hereby authorized and directed to transmit a
certified copy of this resolution to the Secretary of the Authority.
On motion by Council Member Costello, seconded by Council Member Dickens, and on the
following roll-call vote, to wit:
AYES: Council Members Costello, Dickens and Meyor Ferrara
NOES: Council Members Runels and Lubin
ABSENT: None
the foregoing Resolution was passed and adopted this 11'" day of March, 2003.
RESOLUTION NO. 3660
PAGE 4
~
.
TONY M. F RA,MAYOR
ATTEST:
-" --
, . ~~/-L-
KELLY W TM RE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
~--
~~'-) "
S V N ADAMS, CITY MANAGER
APPROVED AS TO FORM:
~~~ .
TIMO HY J. AR , CITY'JITTORNEY
"- - "
RESOLUTION NO. 3660
PAGE 5
EXHIBIT A
FORM OF RESOLUTION OF INTENTION
TO BE ADOPTED BY CSCDA
RESOLUTION OF INTENTION OF THE CALIFORNIA STATEWIDE
COMMUNmES DEVELOPMENT AUTHORITY TO FINANCE THE PAYMENT
OF DEVELOPMENT IMPACT FEES FOR PUBLIC IMPROVEMENTS IN THE
PROPOSED ASSESSMENT DISTRICT NO. (COUNTY OF ,
CALIFORNIA), APPROVING A PROPOSED BOUNDARY MAP, MAKING
CERTAIN DECLARATIONS, FINDINGS AND DETERMINATIONS
CONCERNING RELATED MATTERS, AND AUTHORIZING RELATED
ACTIONS IN CONNECTION THEREWITH
WHEREAS, under the authority of Ihe Municipal Improvement Act of 1913 (the '1913 Act"),
being Division 12 (commencing with Sections 1??oo and following) of the California Streets and
Highways Code, the Commission (the 'Commission") of the California Statewide Communities
Development Authority (the "Authority") intends to finance, through its Statewide Community
Infrastructure Program, the payment of certain development Impact fees for public
improvements as described in Exhibit A attached hereto and by this reference incorporated
herein (the 'Improvement Fees'), all of which are of benefit to the proposed Assessment District
No. (County of , California) (the 'Assessment District"); and
WHEREAS, the Commission finds that the land specially benefrtect by the Improvement Fees is
shown within the boundaries of the map entitled .Proposed Boundaries of Assessment District
No. (County of , California)," a copy of which map is on file with the
Secretary and presented to this Commission meeting, and determines that the land within the
exterior boundaries shown on the map shall be designated 'Assessment District No.
(County of . California)";
NOW, THEREFORE, BE IT RESOLVED that the Commission of the California Statewide
Communities Development Authority hereby finds, determines and resolves as follows:
1. The above recitals are true and correct, and the Commission so finds and
determines.
2. Pursuant to Section 2961 of the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931 (the '1931 Act"), being Division 4 (commencing with
Section 2800) of the California Streets and Highways Code, the Commission
hereby declares its intent to comply with the requirements of the 1931 Act by
complying with Part 7.5 thereof.
3. The Commission has or will designete a registered, professional engineer as
Engineer of Wori< for this project, and hereby directs said firm to prepare the
report containing the matters required by Sections 2961(b) and 10204 of the
Streets and Highways Code, as supplemented by Section 4 of Article XIIID of the
California Constitution.
4. The proposed boundary map of the Assessment District is hereby approved and
adopted. Pursuant to Section 3111 of the California Streets and Highways Code,
the Secretary of the Authority is directed to file a copy of the map In the office of
the County Recorder of the County of within fifteen (15) days of the I
adoption of this resolution.
i
------.------ --------..--
RESOLUTION NO. 3660
PAGE 6
5. The Commission determines that the cost of the Improvement Fees shall be
specially assessed against the lots, pieces or parcels of land within the
Assessment District benefiting from the payment of the Improvement Fees. The
Commission intends to levy a special assessment upon such lots, pieces or
parcels in accordance with the special benefit to be received by each such lot,
piece or parcel of land, respectively, from the payment of the Improvement Fees.
6. The Commission intends, pursuant to subparagraph (f) of Section 10204 of the
California Streets and Highways Code, to provide for an annual assessment
upon each of the parcels of land in the proposed assessment district to pay
various costs and expenses incurred from time to time by the Authority and not
otherwise reimbursed to the Authority which result from the administration and
collection of assessment installments or from the administration or registration of
the improvement bonds and the various funds and accounts pertaining thereto.
7. Bonds representing unpaid assessments, and bearing interest at a rete not to
exceed twelve percent (12%) per annum, will be Issued in the manner provided
by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code),
and the last installment of the bonds shall mature not to exceed thirty (30) years
from the second day of September next succeeding twelve (12) months from
their date.
8. The procedure for the collection of assessments and advance retirement of
bonds under the Improvement Bond Act of 1915 shall be as provided in Part
11.1, DIvIsion 10, of the streets and Highways Code of the State of CaHfomia.
9. Neither the Authority nor any member agency thereof will obligate itself to
advance available funds from its or their own funds or otherwise to cure any
deficiency which may occur in the bond redemption fund. A determination not to
obligate itself shall not prevent the AuthorIty or any such member agency from, in
its sole discretion, so advancing funds.
10. The amount of any surplus remaining in the improvement fund after completion
of the improvements and payment of all claims shall be distributed In accon:Iance
with the provisions of Section 10427.1 of the Streets and Highways Code.
11. To the extent any Improvement Fees are paid to the AuthorIty in cash with
respect to property within the proposed Assessment District prior to the date of
issuance of the bonds, the amounts so paid shall be reimbursed from the
proceeds of the bonds to the property owner or developer that made the ;
payment.
.,
,
~
Ii
Ii
,
L
!';
;i
,
H
I
-- --
RESOLUTION NO. 3660
PAGE 7
EXHIBIT B
CITY OF CONTACTS FOR SCIP PROGRAM
Primary Contact
Name:
Title:
Mailing Address:
Delivery Address (if different):
E-mail:
Telephone:
Fax:
Secondary Contact
Name:
Title:
Mailing Address:
I
Delivery Address (if different): ;;:
i''',
I
,
E-mail: I
!i
Telephone: I'
i
Fax: ,
r
fi
\'
[Add additional contacts as needed]
------ ,...---- ----,.-
RESOLUTION NO. 3660
OFFICIAL CERTIFICATION
I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande, County of San Luis Obispo, State of Califomia, do
hereby certify under penalty of pe~ury, that Resolution No. 3660 a true, full, and
correct copy of said Resolution passed and adopted at a regular meeting of the
City Council/Redevelopment Agency of the City of Arroyo Grande on the 11th day
of March, 2003.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th
day of March, 2003.
~ ()ft~fU--
KELL Y TM~E, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
I
g
I!
---- --- -