HomeMy WebLinkAboutCity Council - 2016-09 RESOLD LiON NO 2016-09
RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF I-iUNTINGTON
BEACH ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF 'I HE
CiTY OF HUNTiNGTON BEACH COMMUNITY FACILITIES DIS FRICT NO
2000-1 (GRAND COAST RESORT) CERTIFYING THE RESULTS OF THE
MARCH 7, 2016 SPECIAL TAX ELECTION AND ADOPTING AN AMENDED
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
WHEREAS, pursuant to Chapte► 3 56 (Commencing with Section 3 56 010) of the Municipal
Code (the "Code") after a public healing, the City Council (tile "City Council") of the City of
Huntington Beach (the "City"), adopted Resolution No 2000-35 on Apiil 17, 2000. which formed
the City of Huntington Beach Community Facilities Distiict No 2000-1 (Gland Coast Resoit) (the
"District"), and authoiized the levy of a Special Tax in accordance with the sale and method of
appoitionment foi the Distiict (the "Rate and Method of Appoilionment"), the incur ing of bonded
indebtedness and the establishment of an appropi rations l►m►t for the D►sti iu, which was app►oved by
mo►e than two thirds vote by the qualified electois within the Distiict on Apid 17, 2000, and
WHEREAS, subsequent to such fo►mation, the Distuct received a petition signed by PCH
Beach Resort, LLC, the lessee of 25% of mo►e of the taxable pioperty (the "Owner") within the
Distuct to amend and restate the Rate and Method of Appoit►onment (the "Amended and Restated
Rate and Method"), and
WHEREAS, after adopting Resolution No 2016-02 stating its intention to adopt the
Amended and Restated Rate and Method attached as Attachment "A" hefeto, City Council held a
noticed public healing as iequiied by law, at which all pe►sons desning to be heaid on all matters
pertaining to the appioval of the Amended and Restated Rate and Method, were heaid and a faii
heal ing was held, and no majority piotest as desciibed in Sections 53324 of 53337 was received and
WHEREAS, at the Public Healing, the City Council ►eceived and conside►ed the matters
befoie it. and the approval of the Amended and Restated Rate and Method, and this City Council at
the Conclusion of the healing was fully advised as to all mattes (elating to the approval of the
Amended and Restated Rate and Method, and
WHEREAS, upon Concluding the Public Fleming, the City Council Called and duly held an
election on Match 7, 2016, pursuant to Resolution No 2016-08 foi the pu►pose of p►esenting to the
qualified electois within the District the proposition on the approval of the Amended and Restated
Rate and Method, Pioposition A is attached hefeto as Attachment "A", and
WHEREAS, theie has been piesented to this City Council a Certificate of the City Clerk
canvassing the results of the Election, a copy of which is attached hereto as Attachment"B", and
WHEREAS. on the basis of all of the fofegoing, the City Council has deter pined at this time
to adopt the Amended and Restated Rate and Method, and to authorize the levy of Special Taxes in
accoi dance therewith,
16-5112/131479
1
RESOLU'I ION NO 2016-09
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 t►ue and correct and is adopted by the legislative body of
the Disti ict
2 'file City Council hereby finds and determines that all prior proceedings taken with
respect to the establishment of the Dishict we►e valid and in conformity with the requirements of
law, Including the Act This finding is made in accordance with the provisions of Section 53325 1(b)
of the Act
3 The City Council has dete►mmed that public convenience and necessity require that
the existing Rate and Method of Apportionment for the District be amended and restated as provided
in the Amended and Restated Rate and Method in connection with the sale and conveyance of the
p►opetty within the Distr ict to PCI-I Beach Resoit, LLC, a California limited liability company
4 Proposition A presented to the qualified electo►s of the Dishict on Match 7, 2016,
was approved by mote than two-thirds of the votes cast at the election held for the Dishict and
Proposition A has carr►ed The City Council, acting as the legislative body of the District, is hereby
author ized to levy on the land within the District the Special Tax described in Proposition A for the
purposes described therein and to take the necessary steps to levy the Special Tax autho►ized by
Proposition A, provided that by its terms, the Amended and Restated Rate and Method will not be
effective and shall not apply to the levy of the Special Tax until fee title to all Taxable Property
within the District is conveyed to a person or entity which is not an entity of the State, federal or any
local Bove►nment
5 The City Council hereby adopts the Amended and Restated Rate and Method
attached as Attachment "A" to Resolution No 2016-02 as the applicable Rate and Method for the
Distt ict Except whe►e funds are otherwise available, It is the intention of the City Council to levy
the proposed Special Taxes at the applicable rates for the D►stuct set forth in Attachment "A" to
Resolution No 2016-02 on all non-exempt property within the District sufficient to pay for (i) certain
improvements as pei pitted by the Act, (ii) the principal and interest and othe► periodic costs on the
bonds which have been issued by the District to finance such improvements and related incidental
expenses, including the establishment and replenishment of reserve funds, any rema►keting, credit
enhancement and liquidity facility fees (Including such fees for instruments which serve as the basis
of a reserve fund in lieu of cash), administrative expenses and other expenses of the type pe►m►tted
by Section 53345 3 of the Act, and (m) related incidental expenses The Amended and Restated Rate
and Method is described in detail in Attachment "A" to Resolution No 2016-02, which is
incorporated herem, and the City Council hereby finds that Attachment "A" to Resolution No 2016-
02 contains sufficient detail to allow each landowner within the Dishict to estimate the maximum
amount that may be levied against each parcel. The Special Tax shall be levied on each assessor's
parcel for a period not to exceed the date on which all Outstanding bonds (as defined in the
Amended and Restated Rate and Method) have been paid in full In accordance with their terms The
Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325 3 of'the
Act and such Special Tax is not on or based upon the ownership of teal property
16-5112/131479 2
RESOLUTION NO 2016-09
6 The City Manager, with offices located at 2000 Main Street, Huntington Beach,
California, will be responsible for piepaiing annually, of authorizing a designee to piepaie, a current
roll of Special Tax levy obligations by assessor's parcel numbei and will be responsible foi
estimating future Special Tax levies puIsuant to Section 53340 2 of the Act
7 In the event that a portion of the property within the District shall become for any
season exempt, wholly or partially, fiom the levy of the Special Tax specified in the Amended and
Restated Rate and Method, the City Council shall, on behalf of the District, unciease the levy to the
extent necessary and permitted by law and these proceedings upon the remaining property within the
District that is not delinquent of exempt in older to yield the required debt service payments on any
outstanding bonds of the Distuct, or to prevent the Disti ict fiom defaulting on any other obligations
of liabilities of the Distuct, provided, however, that under no circumstances will such Special Tax be
increased on any parcel used for private residential purposes in any fiscal year as a consequence of
delinquency or default by the owner of any other parcel of parcels within the District by mole than
ten percent above the amount that would have been levied in that fiscal year had there never been any
such delinquencies of defaults The amount of the Special Tax for the District will be set in
accordance with the Amended and Restated Rate and Method
8 The City Clerk is hereby directed to iecoid in the Office of the Clerk-Recorder of the
County of Orange within fifteen days of the date hereof an amended and restated nonce of Special
Tax hen for the District which Bond Counsel to the Distuct shall piepaie in the form iequued by
Califounia Streets and Highways Code Section 31 14.5. Upon iecoidation of an amended and restated
notice of Special 'fax lien foi the District, a continuing hen to secure each levy of the Special Tax
shall attach to all non-exempt seal property in the District and this lien shall continue in force and
effect until the Special Tax obligation is piepaid and peirnanently satisfied and the lien canceled in
accordance with law of until collection of the Special Tax by the Disti ict ceases
9 It is hereby fuithei deteunined that these is no ad valoienn property tax currently
being levied on piopeity within the District foi the exclusive purpose of paying the piuncipal of of
unteiest on bonds or other indebtedness incuried to finance the construction of capital facilities which
provide the sanne seivices to the terutoiy of the Disti ict as are proposed to be provided by the
1111ptovements to be financed by the District
16-5 1 12/131479 3
RESOLUTION NO 2016-09
PASSED, APPROVED AND ADOPTED this 7"' day of March, 2016
Mayot ,
REVIEWED AND APPROVED APPROVED AST RM
#Ilk
City a Ua r CI ttorney
�d�TIATfAD P LVED
Assi City N anagei
16-5112/131479 4
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 word "NO". All masks otherwise made are forbidden. All distinguishing marks are
forbidden and make the ballot void.
If you wrongly mark, tear of deface this ballot, return it to the City Clerk of the City of
Huntington Beach and obtain another.
PROPOSITION A• Shall a Special Tax be levied to pay for certain
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 Goveinment 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 or refinance
the improvements and incidental expenses for the District as described in
Resolution No 2000-5 of the City of Huntington Beach?
ATTACHMENT A
ATTACHMENT "A"
BALLOT
CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2000-1
(GRAND COAST RESORT)
SPECIAL TAX ELECTION
March 7, 2016
This ballot i epresents—votes
To vote, write or stamp a cross ("+" or "X") in the voting square after the word "YES" or
after the word "NO" All marks otherwise made are forbidden. All distinguishing masks are
forbidden and make the ballot void.
If you wrongly mark, tear of deface this ballot, return it to the City Clerk of the City of
Huntington Beach and obtain another.
PROPOSITION A: Shall a Special Tax be levied to pay for certain
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 Chapter 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?
�W7 ,&,M �q� j-007/,"z�
J ATTACHMENT A
ATTACHMENT"B"
CERTIFICATE OF CITY CLERK
AS TO THE RESULTS OF THE CANVASS Or THE ELEC"I ION RETURNS
I, Joan L Flynn, City Clerk of the City of Huntington Beach, do hereby certify that I
have examined the returns of the Special Tax Election fot the City of Huntington Beach Community
Facilities District No 2000-1 (Grand Coast Resort) (the "District') The Election was held in the
chambers of tine City Council at 2000 Main Street, California 92648, on March 7, 2016 I caused to
be delivered a ballot to the authoiized iepiesentative of each qualified elector 0 _ (1) hallo
returned
6v"
I furthet certify that tine results of said Election and the numbei of votes cast fot and
against Ptoposition A ate as follows-
PROPOSITION A
YES
NO O
TOTAL I
Dated this 7 day of.!MdA44 , 2016
oan Flynn, City Clerk
Cit o Huntington Beach 0
ATTACHMENT B
Res. No. 2016-09
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 Jerk and ex-offs io Clerk of the
City Council of the City of
Huntington Beach, California