1992-1022_CALIF, STATE OF_ Financial Resolution SENT BY:OIVISION OF BUDGETS 6-30-93 8:38AM ; CALTRANS/8-485-21794 9162279487;# 3
Vote of Callfornla Business, Transportation and Housing Agency
Memorandum
Item No. 2 .6 (e)
f
To: CHAIR AND MEMBERS PASKOBy Date : October 22, 1992
California Transportation Cin
F9r. MFP-92-17
ACTION REQUIRED
From: DEPARTMENT OF TRANSPO 9'2
Director's Office
subject: Financial Resolution
ncPARTMF,NTAL SUMMARY: f+a0
Resolution MFP-92-17 proposes allocating $1, 296, 000 in State
Highway Account funds .to the City of San Juan Capistrano for
construction of a multimodal parking structure at an intercity
rail station on the LOSSAN corridor.
Pr,_i, nes +o tan: This project is for construction of a
multimodal parking structure over the existing lot . The number
of.parking spaces will increase from 172 to 250 .
P"n jmn*'/ 1ann+nq c1e r_ a�nee= : The City of San Juan Capistrano
has submitted expenditure plans reflecting compliance with timely
use of funds Resolutions G-88-6 and G-90-11 .
A negative declaration for this project was filed April, 1992 .
A'f�AN OS F 4 4TAT=:i
a TATT. Prior Current )future Total
TCx $0 $1,296,000 40 $1,296,000
108 s0 $0 $0 $0
116 $0 $0 $0 $0
136 $0 $0 $0 $0
94 Bond an 90 a0_ so
SUBTOTAL $0 $1,296,000 s0 $1,296,000
LOCAL -$0 $384,000 s0 03$4,000
TXDiRJ►L $0 s0 $0 $0
PROa. TOTAL $0 $1, 680,000 $0 $1, 680,000
RECOMMENDATION:
It is recommended that Resolution MFP-92-17 be approved.
MARTIN KIG� .
Deputy Director
Transportation Financing
SENT BY:DIVISION OF BUDGETS 8-30-93 8:38AM CALTRANS/8-485-2179y , 9162279487;8 2
PASSED BY
• NOV 0 41952.
•
CALp�ALLOCATIONS 80R
wA��$ T �711�! �S OATATT` BOND Nn nCY PRO.SaCT3 N4 PTATION OOM1AIo61pN
RE90LIITI0 NO MFS
1. 1 WHEREAS, the California Transportation Commission
(Commission) has adopted an annual Transportation
Capital Improvement Program (TCI) plan for mass
transportation capital purposes, and the electorate
enacted both Proposition 108, the Passenger Rail and
Clean Air Bond Act of 1990, and Proposition 116, the
Clean Air and Transportation Improvement Bond Act of
1990 in the June, 1990, election authorizing the sale
of General Obligation Bond funds for transit capital
purposes) and
1 .2 WHEREAS, Mulimodal parking structure project (the
Project) , further detailed in Attachment A, as
component phases or in its entirety, appears on the
necessary State capital projects funding list (s) as
entitled to participate in this allocation; and
1.3 WHEREAS, the City Of San Juan Capistrano (the Recipient)
is committed to providing any required local matching
funds and to fully fund implementation of the Project
in compliance with grant or bond funding requirements
or, if the Recipient meets the criteria, with the
conditions of Commission Resolution G-92-14,
"Guidelines for the Deferral of the Commission 's
Proportional Expenditure of State Funds Policy"; and
2 . 1 NOW THEREFORE BE IT RESOLVED that a total of $1,296, 000
in State funds be allocated .to Recipient for the
Project, as detailed in Attachment A) and
2 .2 NOW THEREFORE BE IT FURTHER RESOLVED that the transfer
of funds for the Project shall be governed by a fund
transfer agreement, and subsequent amendments to the
same if required, executed between the Recipient and
the Department of Transportation (Department) ; and
2 .3 NOW THEREFORE BE IT FURTHER RESOLVED that the Recipient
shall provide the Department, for the balance of all
funded Project allocations commencing with the first
quarterly review, an updated quarterly expenditute
plan by category including any proposed changes; and
Chair and Members
October 22 , 1992
Page 2
2 . 4 NOW THEREFORE BE IT FURTHER RESOLVED THAT, in an
instance of any rail bond financing of the Project,
the Commission, acting on behalf of the State, by
this Resolution intends:
A. to cause and approve the issuance of taxable or
tax-exempt State general obligation bonds under
Propositions 108 or 116, as appropriate, to
reimburse Recipient for the Project identified
in Attachment A;
B. to reimburse to Recipient expenditures that
shall not "have been paid from the proceeds of
any other tax-exempt indebtedness unless such
prior indebtedness will be retired with the
proceeds of such State monies;
C . that this Resolution be a declaration of official
intent of the State within the meaning of U. S.
Treasury Regulations Section 1. 103-17 (c) with
respect to the Project;
D. that this Resolution will be continuously
available to the public for inspection during
normal business hours at its Commission Office,
1120 N Street, Sacramento; California,
commencing not later than two weeks after the
adoption of this Resolution; and
2 . 5 NOW THEREFORE BE IT FURTHER RESOLVED that, in an
instance of rail bond financing, an allocation for the
Project is subject to the following conditions and
assurances :
A. completed bond sales authorized by the State
Treasurer;
B. completed bond certification from the
Department, preferably by the time of
Commission allocation action but not later than
prior to execution of a fund transfer
agreement;
C. recipient certification, delivered to this
Commission, preferably by the time of
Commission allocation action but not later than
prior to execution of a fund transfer
agreement, that it will not adopt new or
increased development taxes, fees, exactions or
permit fees for the purpose of providing local
matching funds;
Chair and Members
October 22 , 1992
Page 3
2 . 5 Continued
D. recipient certification, in the form of a formal
resolution of its Board delivered to this
Commission, that when utilizing state funding
for acquisition of property or for capital
improvements on the Project, Recipient has
exercised all due diligence in the discovery of
hazardous wastes; that Recipient will enter
into enforceable agreement (s) with any and all
owners of to-be-acquired properties for clean-
up of hazardous wastes pursuant to the
requirements of Resolution G-91-2 regarding
Hazardous Waste Identification and Clean-up for
Rail Right-of-Way; that the State and the
Commission are to be indemnified, defended and
held harmless from clean-up liability or
damage, both present and future; and that no
additional State funds will be requested for
clean-up, damages, or liability associated with
hazardous waste on or below the acquired
property;
E. recipient certification, in the form of a formal
resolution of its Board delivered to this
Commission, that when utilizing other-than-
state funding for acquisition of property or
for capital improvements on the Project,
Recipient shall agree to indemnify, defend and
hold harmless the State and the Commission from
clean-up liability or damage, both present and
future; and that no additional State funds will
be requested for cledn-up, damages, or
liability associated with hazardous waste on or
below the acquired property;
F. that Recipient shall provide the Commission with
an "Evaluation of Property Report" , preferably
by the time of Commission allocation action but
not later than prior to execution of a fund
transfer agreement, in compliance with
Commission Policy G-90-17 , Rail Right-of-Way
Review Policy, to be verified by the Department
or its Agent;
. G. that Recipient shall post on the Project
construction site (s) at least one sign, visible
to the public, stating that the Project is
partially funded with State grant rail
passenger bond funds; and
Chair and Members
October 22 , 1992
Page 4
2 . 6 NOW THEREFORE BE IT FURTHER RESOLVED that this
Commission shall be entitled to a then present value
refund, or credit, at State' s option, equivalent to the
proportionate funding participation by the State
towards property acquisition and project construction
in the event that Recipient, or successor public
entities, cease to utilize the Project for the intended
public passenger rail purposes or sells or transfers
title to the Project. The credit for future purchases
or condemnation of all or portions of the Project by
the State, and the refund or credit due the Commission
in each instance, will be measured by the ratio of
State and other public funding to that provided from
Recipient . That ratio will be applied to the then fair
market value of the Project property.
Attachment
RESOLUTION MFP-92-17ATTACHMENT A.
' Oct&r22,1992
• If applicable, as amended by Resolution Agenda Rem 2.6f '
ti
ALLOCATIONS FOR NEW RAIL BOND AND TRANSIT CAPITAL
IMPROVEMENT PROJECTS
FUNDING SUMMARY: BOND 108 FUNDS TOTAL $0 STATE FUNDS TOTAL" .............51,296.00(1 FFD. FUNDS TOTAL
TCI FUNDS TOTAL $1,296,000 BOND 116 FUNDS TOTAL SD LOCAL FUNDS TOTAL $384,000 FUNDING TOTAL $1,680,000
RECIPIENT: City of San Juan Capistrano
Project: Multi-modal Parking Deck
CURRENT ALLOCATION Str.8 Hwy (Bond l(S) STIP No. Appropr.Yr. Prof.Applic.No. Pro)ed Type a) Budget Act 6 Chap c) Program Cods
TCI Funds Bond 116 Bond106 Puc-(Bond 11s) ALN RwoL / ALM Amount Plan year b) Budget Rete No. all Experd.Cafeg.
1 I....5729fi.(100._I_............._.so ................ ........_...................._ 9117....... I.._.199293..... ... .... a) . .190 3n2.......... c) ftro t_
..._�..._ ._..__- I.. .................... s0.
/ ._....._ _....._ I ...... Jn1s1) Y.AaO _..
.....7992:93.......-... .LbanImfiez..
b)
..1251142......... d) Is I Assistance
This allocation is a ___.............. allocation of the programmed/approved amount District(s): ..........12......... County: .CtwQa............................ Environ. Status: M................-...........................................
.
Timely Use of Funds:The implementing pudic agency should encumber the State funds by the and of the State fiscal year plus three months(Resolution No.G-8&6). The implementing public agency must expend at
least W percent of akcated funds within two years including the fiscal year in which the funds were first appropriated (Resolution No.G-90-11). Dates retied Garernor's Budget Encumbrance 8 Liquidation time-frames.
General Obligation Bond funds have encumbrance and liquidation tine-frames more restrictive than provided in the Govemces Budget.
N acco parrying an amending resolution,original remiaion amended by 6w second resddbn shown '•State fading total inclydes TCI,108 Bond and 116 Boll
••• CE- Categod®ly Exempt SE-Staturodly Exempt NOD- Notice d Determination NOE- Notice of Emmptlon Neg.DwL- Negative Declaration OR- Errvio.Impact Review 6/30/93.1