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HomeMy WebLinkAboutSuccessor Agency - 2016-03 RESOLUTION NO 2016-03 RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, AUTHORIZING THE SUCCESSOR AGENCY TO VOTE AND TAKE CERTAIN OTHER ACTIONS WITH RESPECT TO THE AMENDMENT OF THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR THE CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO 2000-1 (GRAND COAST RESORT) WHEREAS, the City Council of the City of Huntington Beach (the "City Council") has previously formed the City of Huntington Beach Community Facilities District No 2000-1 (Gland Coast Resort) (the "District") pursuant to Cliaptei 3 56 (commencing with Section 3 56 010) of the Municipal Code (the "Code") of the City of Huntington Beach (the "City") and the Mello-Roos Community Facilities Act of 1982, as amended, being Chaptei 2 5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the "Act"), and WHEREAS, in accordance with the rate and method of apportionment (the "Rate and Method") of a special tax (the "Special Tax") for the District is levied on the leasehold interests in Taxable Property (as defined in the Rate and Method) within the District, and all property within the Dishict 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 former 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, enteied into a Giound Lease dated Apiil 4, 2001 (the "Lease"), pursuant to which the Agency leased to PCH Beach Resort all of the land within the District for a term of 99 years, 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 successoi to the Agency (the "Successor Agency") is the current fee title ownei 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 Successoi Agency to sell and otherwise dispose of its real property assets, including, but not limited to, the land within the District, and WHEREAS, in accordance with Section 53317(f)(2) of the Act, the Successoi Agency intends to sell and convey the property within the District that it cuiiently owns to PCH Beach 16-5112/131481 1 RLSOLU PION NO 2016-03 Resort and upon such transfer, such property will be subject to the Special Tax on the same basis as private property within the District, and WHEREAS, the District received a petition from PCH Beach Resort to, among other things, provide that, in connection with such proposed sale and conveyance of the property, the Rate and Method will be amended to provide that 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 Rate and Method in tine form attached to the Resolution of Intention as Attachment "A" (the "Amended and Restated Rate and Method"), and WHEREAS, in connection with the approval of the proposed Amended and Restated Rate and Method, a proposition will be submitted to the Successor Agency as the qualified elector within the District, in accordance with the Act (the "Election"), and WHEREAS, the Successoi Agency desires to authorize certain officers of the Successor Agency to vote on behalf of the Successor Agency in the Election to be conducted by the City with respect to the approval of the Amended and Restated Rate and Method, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, ACTING AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS- 1 Each of the above recitals is true and correct 2 The Successor Agency hereby determines that, pursuant to Section 53317(f)(2) of the Act, the property within the Dishict currently owned by the Successor Agency is intended to be transferred to private ownership and upon such tiansfei and the approval of the Amended and Restated Rate and Method at the Election, will be subject to the Special Tax on the same basis as private property withal the District 3 The City Council, acting as Successor Agency, hereby authorizes the [Mayor, Mayoi Pro Tempore, Treasurer, and City Managei, as successors to the Chair, Vice Chair, Treasurer and Executive Dnector of the Agency], respectively, of their designee (the "Designated Officeis"), each acting alone, to vote in the Election on behalf of the Successoi Agency and to execute the waiver of certain Electron procedures on file with the Secretary 4 The Designated Officeis and such other officers and staff of the Successor Agency ate authorized and dnected, acting singly, to do any and all things and to execute and deliver any and all documents which such officers may deem necessary or advisable in order to complete the Election and related ptoceedrngs with respect to the proposed Amended and Restated Rate and Method, and otherwise effectuate the purposes of this Resolution, and such actions in connection therewith previously taken by such officers and staff ate hereby ratified and confirmed 16-5112/131481 2 RESOLUTION NO 2016-03 5 This Resolution shall be effective upon its adoption PASSED, APPROVED AND ADOPTED this 71h day of March, 2016 Chaff REVI W D ND APPROVED E c tiv Director APPROVED AS TO FORM A cy Counsel 16-5112/131481 3 Successor Agency Res. No. 2016-03 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L FLYNN the Clerk of the Successor Agency to the former City of Huntington Beach Redevelopment Agency, Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by The Successor Agency to the Redevelopment Agency of the City of Huntington Beach at a special meeting held on March 7, 2016 and that is was so adopted by the following vote AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson NOES: None ABSENT: None ABSTAIN: None Clerk YThe Successor Agency to the Redevelopment Agency of the City of Huntington Beach, California