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HomeMy WebLinkAboutCity Council - 2000-37 r�2 s a OO O-,3 7 RESOLUTION NO. 2000-37 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 2000-1 (GRAND COAST RESORT) A PROPOSITION TO INCUR A BONDED INDEBTEDNESS, A PROPOSITION WITH RESPECT TO THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT TO PAY PRINCIPAL OF AND INTEREST ON BONDS THEREOF AND A PROPOSITION WITH RESPECT TO THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT FOR THE COMMUNITY FACILITIES DISTRICT WHEREAS, pursuant to Section 53325.1 of the California Government Code the City Council (the "City Council") of the City of Huntington Beach ("City') has adopted the Resolution of Formation of City of Huntington Beach Community Facilities District No.2000-1 (Grand Coast Resort), County of Orange, State of California(the "Community Facilities District"), establishing the Community Facilities District and the boundaries thereof(the"Resolution of Formation");and WHEREAS, pursuant to Section 53351 of the California Government Code, the City Council has also adopted a resolution determining that it is necessary that the Community Facilities District incur a bonded indebtedness in an amount not to exceed $16,000,000 which together with other fields available to City will be used to finance the construction, acquisition, furnishing and equipping of certain public facilities for the Community Facilities District;and WHEREAS,pursuant to Section 53326 ofthe California Government Code,it is necessary that the City Council submit to the voters of the Community Facilities District the annual levy of special taxes on taxable property within the Community Facilities District to pay the principal of and interest on the bonds thereof, if such bonds are authorized and issued; and WHEREAS, pursuant to Section 53325.7 of the California Government Code,the City Council may also submit to the voters of the Community Facilities District a proposition for the establishment of an appropriations limit for the Community Facilities District; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach,the following: Section 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the protest hearing on April 17,2000;(iii)pursuant RVPUBIKAB1507601 rS, q 0&ej _ .37 to Section 53326 of the California Government Code as a result of the findings set forth in clause(ii)above, the vote in the special election called by this resolution shall be by the landowners of the Community Facilities District whose properly would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the Community Facilities District which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) the landowners of the Community Facilities District have by unanimous written consent (a) waived the time limits set forth in Section 53326 of the California Government Code for holding the election called by this resolution and the election on the proposition of the Community Facilities District incurring a bonded indebtedness,which pursuant to Section 4 hereof is consolidated with the election called hereby, (b) consented to the holding of the consolidated special elections on April 17,2000, (c)waived notice and mailed notice of the time and date of the consolidated special elections, (d)waived an impartial analysis by Counsel to City ofthe ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, and mailing of a statement pursuant to Section 9401 of that Code, and (e) waived a synopsis of the measures to be included in the official ballot for said elections pursuant to Section 12114 of that Code; and(v)the Clerk(the "Clerk")has consented to the holding of the consolidated special elections on April 17, 2000. Section 2. Determinations. The City Council hereby finds that, pursuant to Sections 3.56.070(i) and 3.56.040 of the City's Special Tax Financing Improvement Code, in order to carry out the purposes of such Code,and in order for the City and City of Huntington Beach Redevelopment Agency ("Agency') to carry out their respective purposes, it is necessary and convenient to determine that the Agency is a public agency landowner subject to a special tax. Section Procedures in Connection with Special Tax. The City hereby finds that, pursuant to Section 3.56.070(i) of the City Special Tax Financing Improvement Code,the Agency,as fee title owner or leaseholder of any land within the District is considered a public agency landowner and, as such, is entitled to cast votes based on such possessory interest in land located within the District for the special election proceedings scheduled to take place in connection with the formation of the District,and is subject to the levy and collection of special taxes and potential foreclosure proceedings in connection therewith. Section 4. Call of Election. The City Council hereby calls and schedules a special election for April 17, 2000 on the proposition of the annual levy of special taxes within the Community Facilities District for the provision of public facilities for the Community Facilities District and for the payment of principal of and interest on the bonds of the Community Facilities District, and on the proposition of the establishment of an appropriations limit for the Community Facilities District. Section 5. Propositions. The propositions to be submitted to the voters of the Community Facilities District at such special election shall be as follows: -2- RVPUBIKAB1507601 First Pro osition Shall a bonded indebtedness in an aggregate principal amount not to exceed $16,000,000 be incurred by and for City of Huntington Beach Community Facilities District No. 2000-1 (Grand Coast Resort), County of Orange, State of California, for a maximum term of not more than 40 years and with interest at a rate or rates not to exceed 12 percent per annum, or such other rate as may be the maximum interest rate permitted by law, for the purpose of constructing and financing through the sale of bonds the construction, acquisition, fimushing and equipping of public facilities which are necessary to meet increased demands placed upon the City as a result of the development of said real property,and paying costs incidental to the sale of bonds,the formation of the Community Facilities District, and the design, construction, and acquisition of the public facilities, including all costs and estimated costs ofconstruction of the public facilities,acquisition of land and rights-of-way,satisfaction of contractual obligations relating to expenses or the advancement of funds for expenses existing at the time the bonds are issued,architectural, engineering,inspection, legal, fiscal and financial consultant fees,bond and other reserve funds,bond discount,interest on any bonds of the Community Facilities District estimated to be due and payable within two years of the issuance of the bonds, election costs,and all costs of issuance of the bonds,including,but not limited to,fees for bond counsel,costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit or other credit enhancement costs, and printing costs? Second Proms sio tion Shall special taxes be levied annually on taxable property within City of Huntington Beach Community Facilities District No. 2000-1 (Grand Coast Resort), County of Orange, State ofCalifornia,to pay the principal of and interest on the bonds of the community facilities district issued and sold to finance the construction, acquisition, fim ishing and equipping of public facilities which are necessary to meet increased demands placed upon the City as a result of the development of said real property, and costs incidental thereto,to replenish the reserve fund for the bonds,or to accumulate fimds for figure bond payments,including any amount required by federal law to be rebated to the United States with regard to the bonds, and to pay expenses incidental thereto and to the levy and collection of the special taxes,so long as the special taxes are needed to pay the principal of and interest on the bonds and for such other purposes,at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit "B" to Resolution No..Oev-35adopted by the City Council of the City of Huntington Beach on April 17, 2000? -3- RVPMKAS1507601 XY.S. v-AOOo- 37 Third Proposition Shall an appropriations limit,as defined by subdivision(h)of Section S of Article XIII B of the California Constitution, be established for City of Huntington Beach Community Facilities District No.2000-1 (Grand Coast Resort),County of Orange,State of California, in the amount of$1,750,000? Section 4. Conso 'dation of Elections. The special election called hereby on the propo- sitions to be submitted to the voters of the Community Facilities District,as set forth in Section 3 hereof, shall be consolidated with the election on the proposition for the incurring of a bonded indebtedness for the Community Facilities District.The ballot for said consolidated elections shall be in the form attached hereto as Exhibit "A." Section 5. Conduct of Election. Except as otherwise provided in Section 6 hereof,the consolidated special elections shall be conducted by the Clerk in accordance with the provisions of the California Elections. Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000) of that Code, insofar as they may be applicable. Section . Election Procedures. The procedures to be followed in conducting the consolidated special elections on(i)the proposition of the Community Facilities District incurring a bonded indebtedness in an amount not to exceed$16,000,000(ii)the proposition with respect to the levy of special taxes on the land within the Community Facilities District to pay the principal of and interest on the bonds thereof, and (iii) the proposition with respect to the establishment of an appropriations limit for the Community Facilities District in the amount of$1,750,000(the"Consolidated Special Elections")shall be as follows: (a) Pursuant to Section 53326 of the California Government Code,ballots for the Consolidated Special Elections shall be distributed to the qualified electors by the Clerk by mail with return postage prepaid. (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections,and in particular Division 4 (commencing with Section 4000) of that Code with respect to elections conducted by mail,the Clerk shall mail to each qualified elector an official ballot in the form attached hereto as Exhibit"A,"and shall also mail to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the Clerk for the return of voted official ballots, and a copy of the Resolution of Formation and the exhibits thereto. (c) The official ballot to be mailed by the Clerk to each landowner shall have printed or typed thereon the name of the landowner and the number of votes to be voted by the landowner and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, -4- RV PUBIKAB1507601 Ar-s O? 000- -37 and if the landowner is other than a natural person,that he or she is an officer of or other person affiliated with the landowner entitled to vote such official ballot,that he or she has been authorized to vote such official ballot on behalf of the landowner,that in voting such official ballot it was his or her intent, as well as the intent of the landowner, to vote all votes to which the landowner is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition,and further certifying as to the acreage of the landowner's land ownership within the Community Facilities District. (d) The return identification envelope delivered by the Clerk to eachlandowner shall have printed or typed thereon the following: (i)the name of the landowner,(i.i)the address of the landowner, (iii)a declaration under penalty ofperjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter,(v)the address of the voter,(vi)the date of signing and place of execution of the declaration, and(vii)a notice that the envelope contains an official ballot and is to be opened only by the Clerk. (e) The information to voter form to be mailed by the Clerk to the landowners shall inform them that the official ballots shall be returned to the Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 7:00 p.m. on the date of the election, or immediately after the Resolution Calling the Special Election has been adopted. (f) Upon receipt ofthe return identification envelopes which are returned prior to the voting deadline on the date of the elections, the Clerk shall canvass the votes cast in the Consolidated Special Elections, and shall file a statement with the City Council at its next regular meeting as to the results of such canvass and the election on each proposition set forth in the official ballot. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of April,2000. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIPITED AND APPROVED City A&Anstrator Director of Economic Development -5- RV PUBIKABM7601 33 EXHIBIT "A" OFFICIAL BALLOT SPECIAL ELECTION FOR CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 2000-1 (GRAND COAST RESORT), COUNTY OF ORANGE, STATE OF CALIFORNIA APRIL 17, 2000 To vote, mark a cross(+)in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Huntington Beach and obtain another. PROPOSITION A: Shall a bonded indebtedness in an aggregate principal amount not to exceed $16,000,000 be incurred by and for City of Huntington Beach Community Facilities District No. 2000-1 (Grand Coast Resort), County of Orange, State of California, for a maximum term of not more than 40 years and with interest at a rate or rates not to exceed 12 percent per annum, or such other rate as may be the maximum interest rate permitted by law, for the purpose of financing through the sale of bonds the construction, acquisition, furnishing and equipping of public facilities which are necessary to meet increased demands placed upon the City as a result of the development of said real property, and paying costs incidental to the sale of bonds, the formation of the Community Facilities District, and the design, construction, and acquisition of the public facilities, including all costs and esti- mated costs of construction of the public facili- ties, acquisition of land and rights-of-way, satisfaction of contractual obligations relating to expenses or the advancement of funds for The City of Huntington Beach Redevelopment Agency 16 votes RVPURIKSC1554357 Page I of 3 expenses existing at the time the bonds are issued, architectural, engineering, inspection, legal,fiscal and financial consultant fees,bond and other reserve funds, bond discount, interest on any bonds of the Community Facil- ities District estimated to be due and payable within two years of the issuance of the bonds, election costs, and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel,costs of obtaining credit ratings, [Proposition A] bond insurance premiums, fees for letters of YES credit or other credit enhancement costs, and printing costs? NO PROPOSITION B: Shall special taxes be levied annually on taxable property within City of Huntington Beach Community Facilities District No. 2000-1 (Grand Coast Resort), _-- County of Orange, State of California, to pay the principal of and interest on the bonds of the community facilities district issued and sold to finance the construction, acquisition, furnishing and equipping of public facilities which are necessary to meet increased demands placed upon the City as a result of the development of said real property, and costs incidental thereto, to replenish the reserve fund for the bonds, or to accumulate funds for future bond payments, including any amount required by federal law to be rebated to the United States with regard to the bonds, and to pay expenses incidental thereto and to the levy and collection of the special taxes, so long as the special taxes are needed to pay the principal of and interest on the bonds and for such other purposes, at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit "B" to Resolution NoAW-95 adopted by the City The City of Huntington Beach Redevelopment Agency 16 votes RVPUBIKSC1550357 Page 2 of 3 X Y.S, v2lJa U --.37 Council of the City of Huntington Beach on [Proposition Bl April 17, 2000? YES FN0 PROPOSITION C: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for City of {Proposition c1 Huntington Beach Community Facilities YES District No. 2000-1 (Grand Coast Resort), County of Orange, State of California, in the NO amount of$1,750,000? The City of Huntington Beach Redevelopment Agency 16 votes RVPUBIKSC1550357 Page 3 of 3 CERTIFICATION I certify that I am an authorized representative of the City of Huntington Beach Redevelopment Agency,a redevelopment agency under the laws of the State of California,the owner of all of the property within the boundaries of City of Huntington Beach Community Facilities District No. 2000-1 (Grand Coast Resort),County of Orange, State of California,consisting of 15.103 acres, and that as such authorized representative, I am authorized to and have voted the Official Ballot to which this certification is attached_ I further certify that in voting said ballot, it was my intent, as well as the intent of the City of Huntington Beach Redevelopment Agency,to vote all votes to which the City of Huntington Beach Redevelopment Agency, is entitled on Propositions A, B and C set forth in said ballot as marked in the voting square opposite each such proposition. I further certify that based on one vote per acre or portion of an acre of land which the City of Huntington Beach Redevelopment Agency, owns within said community facilities district, said owner is entitled to the number of votes shown on said ballot. I certify that this certification was executed on April 17, 2000, at Huntington Beach, California. The City of Huntington Beach Redevelopment Agency, a redevelopment agency under the laws of the State of California BY. TITLE` Chairman RVPL MKSC\sso357 Pagel of 3 Res. No. 2000-37 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 97th day of April, 2000 by the following vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-offici Clerk of the City Council of the City of Huntington Beach, California