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HomeMy WebLinkAboutCity Council - 2016-08 RESOLUTION NO 2016-08 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, ACTING AS THE LEGISLATIVE BODY OF THE COMMUNITY FACILITIES DISTRICT NO 2000-1 OF THE CITY OF HUNTINGTON BEACH, CALLING AN ELECTION IN CONNECTION WITH THE ADOPTION OF AN AMENDED AND RESTATED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX AND MAKING CERTAIN FINDINGS AND TAKING CERTAIN ACTIONS IN RELATION THERETO WHEREAS, on Januaiy 18, 2000, the City Council of the City of Huntington Beach (the "City Council") adopted Resolution No 2000-5 stating its intention to establish City of Huntington Beach Community Facilities District No 2000-1 (Grand Coast Resort) (the "District") pursuant to Chapter 3 56 (commencing with Section 3 56 010) of the Municipal Code (the "Code") and the Mello-Roos Community Facilities Act of 1982 as amended, being Chapter 2 5 of Pait 1 of Division 2 of Title 5 of the California Government Code (the "Act"), and WHEREAS, a notice calling a public healing, was published as required by law relative to the intention of the City Council to establish the District, which public hearing was continued to April 17, 2000, and WHEREAS, on April 17, 2000, the City Council conducted a noticed public hearing to determine whether to proceed with the formation of the District, issue bonds to pay for impiovements and incidental expenses related thereto foi the benefit of the District, and authorize the levy of special taxes (the "Special Tax") pursuant to the Rate and Method of apportionment of a Special Tax in the form attached to Resolution No 2000-5 (the "Rate and Method") for the purposes described in Resolution No 2000-5, and WHEREAS, at the April 17, 2000, public hearing all persons desiring to be heard on all matters pertaining to the formation of the District, the levy of a Special Tax in accordance with the Rate and Method, and the issuance of bonds foi the benefit of said District to pay for the cost of the certain improvements and incidental expenses permitted by the Code and the Act, were heard and a full and fair hearing was held, and WHEREAS, pursuant to Resolution No 2000-35 adopted on April 17, 2000 (the "Resolution of Formation"), the City Council determined that, under Sections 3 56 070 and 3 56 040 of the Code, in order to carry out the purposes of the Code, and for the City and the former Redevelopment Agency of the City of Huntington Beach (the "Agency") to carry out their respective purposes, the Agency is a public agency subject to the Special Tax; and WHEREAS, pursuant to the Resolution of Foimation and the Code, the City Council determined that the Agency, as the (then) fee title owner of the land within the District, is a public agency landowner, and as such, entitled to cast votes for the special Election to authorize the issuance of bonds, the levy of Special Tax and the establishment of an appropriations limit for the benefit of and within the District, and 16-5112/131480 1 RESOLUTION NO 2016-08 WHEREAS, on April 17, 2000, after the public hearing, a special Election was conducted in which the Agency, as sole property owner within the District, approved the levy of a Special Tax and the issuance of bonds for the benefit of the District and established an appiopriations limit foi the District, and WHEREAS, pursuant to Resolution No 2000-38, adopted on April 17, 2000, the City Council, acting as the legislative body of the District, declared the results of the special Election and directed the recording of a Notice of Special Tax Lien within the District, and WHEREAS, pursuant to Ordinance No 3519 (the "Ordinance"), the City Council, acting as the legislative body of the District, authorized the levy of Special Taxes within the District pursuant to the Rate and Method, and WHEREAS, pursuant to the Act, the Rate and Method and the Resolution of Formation, the Special Tax is levied on the leasehold interests in Taxable Property (as defined in the Rate and Method) within the District, and all property within the District owned by entities of the State of California and federal and local governments not subject to a leasehold interest, is exempt from the Special Tax, and WHEREAS, the formes Redevelopment Agency of the City of Huntington Beach (the "Agency"), as lessor, and PCH Beach Resort, LLC, a California limited liability company ("PCH Beach Resort"), as lessee, entered into a Ground Lease dated April 4, 2001 (the "Lease"), pursuant to which the Agency leased to PCH Beach Resort all of the land within the District foi a teim of 99 yeais, and WHEREAS, pursuant to Assembly Bill No 26 ("AB X126") adopted on June 28, 2011, the Agency was dissolved and, pursuant to Resolution 2012-01 adopted on January 9, 2012, the City Council of the City elected to have the City serve as the successor to the Agency, and WHEREAS, the City, as successor to the Agency (the "Successor Agency") is the current fee title owner to the land within the District and has succeeded to all rights, obligations and covenants under the Lease; and WHEREAS, the California Department of Finance has approved the Successor Agency's Long Range Property Management Plan, which directs the Successor Agency to sell and otherwise dispose of its seal property assets, including, but not limited to, the land within the District, and WHEREAS, the Successoi Agency proposes to sell and convey fee title to the land within the District to PCH Beach Resort and the District has received a petition fiom PCH Beach Resort (the "Petition") to, among other things, provide that, in connection with such proposed sale and conveyance of the property, the Special Tax will thereafter be levied on the fee interest in the property within the District, and WHEREAS, on January 19, 2016, the City Council, acting as the legislative body of the District, adopted Resolution No. 2016-02 (the "Resolution of Intention"), stating its intention to consider the amended and restated late and method in the form attached to the Resolution of Intention as Attachment "A" (the "Amended and Restated Rate and Method"), and 2 16-5112/131480 RESOLUTION NO 2016-08 WHEREAS, a notice of a Public Heating to be conducted on Match 7, 2016, was published and mailed to the owners of the land within the District regal ding the City Council proposed approval of the Amended and Restated Rate and Method (the"Public hearing"), and WHEREAS, on March 7, 2016, this City Council held the noticed Public Hearing as required by law to deteimine whether it should proceed with the approval of the Amended and Restated Rate and Method, and WHEREAS, at the Public Hearing all persons desiring to be heard on all matters pertaining to the Amended and Restated Rate and Method, were heard and a full and fair hearing was held; and WHEREAS, at the Public Heating, evidence was presented to the City Council on the matter concerning the approval of the Amended and Restated Rate and Method and was not precluded by a majority protest as described in Section 53337 of the Act, and this City Council at the conclusion of the hearing is fully advised as to all mattets relating to the proposed appioval of the Amended and Restated Rate and Method, and WHEREAS, the City Council has determined that there have been fewer than twelve registered voters residing in the District for the period of 90 days prior to March 7, 2016, and that the qualified electors in the District are the landownets within the District; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to approve the Amended and Restated Rate and Method, and to call an Election within the Distttct to authorize the levy of Special Taxes pursuant to the Amended and Restated Rate and Method, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO 2000-1 (GRAND COAST RESORT), DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS 1 Each of the above recitals is true and couect 2 The City Council hereby determines that public convenience and necessity require that the existing Rate and Method be amended and restated as provided in the Amended and Restated Rate and Method in connection with the sale and conveyance of the property within the District to PCH Beach Resort 3 Written protests against the approval of the Amended and Restated Rate and Method for the District have not been filed by one-half or rote of the registered voters within the boundaries of the District, or by the property owners of one-half or more of the area of land within the boundaries of the District The City Council hereby finds that the proposed alteration of the Special Tax for the District in accordance with the Amended and Restated Rate and Method has not been precluded by a majority protest putsuant to Section 53337 of the Act 4 An Electron is hereby called for the District on the proposition of approving the Amended and Restated Rate and Method The Successor Agency has detetmmed that, pursuant 3 1 6-5 1 1 2/1 3 1 480 RESOLUTION NO 2016-08 to Section 53317(f)(2) of the Act, the property within the District currently owned by the Successor Agency is intended to be transferred to private owneiship and upon such transfei, will be subject to the Special Tax on the same basis as private property within the District On the basis of the foregoing, the City Council hereby determines that the Successor Agency is a landowner within the meaning of the Act and is the qualified elector for purposes of the Election described in this Section 4 and in Sections 5 and 6 below 5 The proposition to be placed on the ballot for the District is attached hereto as Attachment"A," the form of which is by this reference incoi poi ated herein The City Clerk shall cause to be delivered to the qualified elector of the District a ballot in said form Each ballot shall indicate the number of votes to be voted by the respective elector based upon the number of acres of land owned by such elector as set forth above 6 The date of the foiegoing Election within the Distiict shall be March 7, 2016, or such later date as is consented to by the City Clerk and the landowners within the Distiict as of March 7, 2016, provided that the City Clerk may close the Election earlier if all ballots have been returned. The City Clerk shall conduct the Election. Except as otherwise provided by the Act, the Election shall be conducted by personally delivered or mailed ballot and, except as otherwise provided by the Act, the Election shall be conducted in accordance with the provisions of law regulating elections of the community facilities distiicts insofar as such provisions are determined by the City Clerk to be applicable. 7 It is hereby found that there are no registered voters within the territory of the Distiict within each of the 90 days prior to the date of the Public Heating, and, pursuant to Section 53326 of the Act, each landowner on the date hereof, as determined in accordance with the Act and the Code, or the authorized representative thereof, shall have one vote for each acre or portion thereof that he or she owns within the District 8 There is on file with the City Clerk a wiitten instrument executed by tine Successot Agency requesting a shortening of the tonne for the special Election with respect to the approval of the Amended and Restated Rate and Method and waiving any requirement for analysis and arguments in connection therewith Accordingly, the analysis and arguments with respect to the ballot proposition are hereby waived 9 This Resolution shall be effective upon its adoption 4 16-5112/131480 RESOLUTION NO 2016-08 PASSED, APPROVED AND ADOPTED this 7`I' day of March, 2016 6 - � 4 Mayor REVIEWED AND APPROVED. APPROVED AS ' FORM. City ana er ity ttorney Cant AN APP OVED ty Man r 5 16-5112/131480 ATTACHMENT "A" SAMPLE BALLOT CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO 2000-1 (GRAND COAST RESORT) SPECIAL TAX ELECTION March 7, 2016 This ballot represents votes To vote, write or stamp a cross ("+" or "X") in the voting square after the word "YES" or after the woad "NO" All masks otherwise made are forbidden All distinguishing masks aie forbidden and make the ballot void If you wrongly mark, teal or deface this ballot, return it to the City Cleik of the City of Huntington Beach and obtain another PROPOSITION A Shall a Special Tax be levied to pay for ceitam improvements, incidental expenses and other purposes as permitted by the YES Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of NO California and Huntington Beach Municipal Code Chaptei 3 56, including the payment of the principal of and interest on bonds issued to finance of refinance the improvements and incidental expenses for the District as described in Resolution No 2000-5 of the City of Huntington Beach? ATTACHMENT A 16-5112/131477 Res. No. 2016-08 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L FLYNN 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 March 7, 2016 by the following vote AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson NOES: None ABSENT: None ABSTAIN: None City C rk and ex-officio,Clerk of the City Council of the City of Huntington Beach, California