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HomeMy WebLinkAboutResolution - 3581 STATE OF CALIFORNIA ) RESOLUTION NO. 3581 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 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 TO PAY OR ACCUMULATE FUNDS FOR PAYING THE COSTS OF PUBLIC FACILITIES, AND A PROPOSITION WITH RESPECT TO ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE COMMUNITY FACILITIES DISTRICT WHEREAS, on June 18, 2015, pursuant to Section 53325.1 of the California Government Code the City Council (the "City Council') of City of San Jacinto (the "City") has a resolution establishing Community Facilities District No. 2015-1 of City of San Jacinto (Supplemental Special Tax to Rancho San Jacinto, Phase 2), County of Riverside, State of California (the "Community Facilities District"), establishing the Community Facilities District and the boundaries thereof (the "Resolution of Formation"); and WHEREAS, on June 18, 2015, 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 $5,500,000 for the purpose of financing of the payment of a portion of debt service for the San Jacinto Financing Authority 2002 Local Agency Revenue Bonds, Series A (Tranches A through D) (the "2002 Bonds") for the Community Facilities District (the "Resolution Incurring Indebtedness"); and WHEREAS, by the Resolution Incurring Indebtedness the City Council called a special election on the proposition to be submitted to the voters of the Community Facilities District with respect to the Community Facilities District incurring a bonded indebtedness for financing such the payment of principal of and interest on the 2002 Bonds; and WHEREAS, pursuant to Sections 53326 of the California Government Code, it is necessary that the City Council also submit to the voters of the Community Facilities District the proposition relating to the annual levy of special taxes on the property within the Community Facilities District to pay the principal of and interest on the bonds thereof, if such bonds are authorized and issued, or to pay or accumulate funds for paying the costs of making debt service payments on the 2002 Bonds; and 2443 8.700 20\97 86524.3 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 with respect to establishing an appropriations limit for the Community Facilities District; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF CITY OF SAN JACINTO AS FOLLOWS: 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 public hearing on June 18, 2015; (iii) pursuant 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 property 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 owner of all of the property in the Community Facilities District has by 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 June 18, 2015, (c) waived notice and mailed notice of the time and date of the consolidated special elections and (d) waived an impartial analysis of the ballot propositions pursuant to Section 9313 of the California Elections Code and arguments and rebuttals pursuant to Sections 9315 to 9317, inclusive, of that Code, and mailing of a statement pursuant to Section 9401 of that Code; and (v) the City Clerk of the City of San Jacinto (the "Clerk") has consented to the holding of the consolidated special elections on June 18, 2015. Section 2. Call of Election. The City Council hereby calls and schedules a special election for June 18, 2015, within and for the Community Facilities District on (i) the proposition with respect to the Community Facilities District incurring bonded indebtedness in an amount not to exceed $5,500,000, (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 San Jacinto Financing Authority 2002 Local Agency Revenue Bonds, Series A (Tranches A through D) (the "2002 Bonds") may be issued and sold to finance such payment, or to pay or accumulate funds for paying the costs of such payment, and (iii) the proposition with respect to establishing an appropriations limit for the Community Facilities District in the amount of $1 ,000,000. Section 3. Propositions. The propositions to be submitted to the voters at such special election shall be as follows: - 2 - 24439.70020%9786524.3 (a) Shall a bonded indebtedness in an aggregate principal amount not to exceed $5,500,000 be incurred by and for Community Facilities District No. 2015-1 (Supplemental Special Tax to Rancho San Jacinto, Phase 2) of the City of San Jacinto, County of Riverside, State of California, for a maximum term of not more than 40 years and with interest at a rate or rates not to exceed the maximum interest rate permitted by law, for the purpose of financing a portion of the principal of and interest on the San Jacinto Financing Authority 2002 Local Agency Revenue Bonds, Series A (Tranches A through D) (the "2002 Bonds") and paying incidental expenses as provided in Resolution No. 3569 adopted by the City Council of the City of San Jacinto on May 5, 2015 (b) Shall special taxes be levied annually through June 30, 2038 on taxable property within Community Facilities District No. 2015-1 (Supplemental Special Tax to Rancho San Jacinto, Phase 2) of the City of San Jacinto, County of Riverside, State of California, to finance a portion of the principal of and interest on the 2002 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 "A" to Resolution No. 3568 adopted by the City Council of the City of San Jacinto on May 5, 2015? (c) Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Community Facilities District No. 2015-1 (Supplemental Special Tax to Rancho San Jacinto, Phase 2) of the City of San Jacinto, County of Riverside, State of California, in the amount of $1,000,000? Section 4. Consolidation of Elections. The special election called hereby on the propositions 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 regarding the Community Facilities District incurring bonded indebtedness. 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 of the City of San Jacinto in accordance with the provisions of the California Elections Code governing mail ballot elections of community facilities districts, and in - 3 - 24438.70020\9796524.3 particular the provisions of Division 4 (commencing with Section 4000) of that Code, insofar as they may be applicable. Section 6. Election Procedures. The procedures to be followed by the Clerk 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 $5,500,000, (ii) the proposition with respect to levy of special taxes on taxable property within the District to finance a portion of the principal of and interest on the 2002 Bonds and to pay incidental expenses thereto, and (iii) the proposition with respect to establishing an appropriations limit for the Community Facilities District in the amount of $1 ,000,000 (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 or by personal service. (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of community facilities districts, and in particular Division 4 (commencing with Section 4000) of that Code with respect to elections conducted by mail, the Clerk shall mail or deliver to each qualified elector an official ballot in the form attached hereto as Exhibit 'A" and shall also mail or deliver 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 returning the voted official ballots, and a copy of Resolution No. 3568. (c) The official ballot to be mailed or delivered by the Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter, 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, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner- voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter 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-voter's land ownership within the Community Facilities District. (d) The return identification envelope to be mailed or delivered by the Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury 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, - 4 - 24438.70020\9786524.3 (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 or delivered by the Clerk to the landowner-voters 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 4:00 p.m. on the date of the Consolidated Special Elections; provided that the elections shall be closed before such hour if the Clerk determines that all of the qualified voters have voted. (f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the Consolidated Special Elections, the Clerk shall canvass the votes cast in the Consolidated Special Elections, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot. Section 7. Accountability Measures. Pursuant to Section 53410 of the California Government Code, if the landowner-voters approve the proposition contained in Proposition A of the Official Ballot for the Consolidated Special Elections, which is attached hereto as Exhibit 'A" with respect to the Community Facilities District incurring bonded indebtedness for the purposes for which such indebtedness is to be incurred, and bonds of the Community Facilities District are to be issued (the "Bond Proposition"), the incurring of such bonded indebtedness and the issuance of bonds of the Community Facilities District shall be subject to the following accountability measures: (a) The Bond Proposition shall identify the specific purposes for which the bonds are to be issued; (b) The proceeds of the bonds shall be applied only for the specific purposes identified in the Bond Proposition; (c) An account or accounts shall be created pursuant to the bond indenture or fiscal agent agreement for such bonds into which the proceeds of the sale of such bonds shall be deposited; and (d) The chief financial officer of the City shall file a report with the City Council no later than January 2 of the calendar year beginning after the year in which the bonds are issued and annually thereafter, which shall contain the information required by Section 53411 of the California Government Code. The City Council finds that the Bond Proposition, as set forth in the Official Ballot attached hereto as Exhibit 'A," identifies the specific purposes for which the Community Facilities District will incur bonded indebtedness and issue bonds. - 5 - 24438.7002019786524.3 PASSED, APPROVED and ADOPTED this 18" day of June, 2015, by the following vote: AYES: Bartel, Ledezma, Miller, Ruiz NAYS: None ABSENT: Kotyuk ABSTAIN: None City of San acinto Crystal R iz, Mayor ATTEST: Richard Miller, City Clerk - 6 - 24438.70020\9786524.3 CERTIFICATION I, Richard Miller, City Clerk of the City of San Jacinto, certify that the foregoing resolution was adopted by the City Council at a special meeting held on the 18th day of June, 2015, by the following vote: AYES: Bartel, Ledezma, Miller, Ruiz NAYS: None ABSENT: Kotyuk ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Jacinto this 18th day of June, 2015. Richard Miller, City Clerk - 7 - 2443 8.70020\9786524-3 EXHIBIT "A" CONSOLIDATED SPECIAL ELECTIONS FOR COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SUPPLEMENTAL SPECIAL TAX TO RANCHO SAN JACINTO, PHASE 2) OF THE CITY OF SAN JACINTO COUNTY OF RIVERSIDE STATE OF CALIFORNIA June 18, 2015 To vote, mark a cross (+) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City Council of the City of San Jacinto and obtain another. PROPOSITION A: Shall a bonded indebtedness in an aggregate principal amount not to exceed $5,500,000 be incurred by and for Community Facilities District No. 2015-1 (Supplemental Special Tax to Rancho San Jacinto, Phase 2) of the City of San Jacinto, County of Riverside, State of California, for a maximum term of not more than 40 years and with interest at a rate or rates not to exceed the maximum interest rate permitted by law, for the purpose of financing a portion of the principal of and interest on the San Jacinto Financing Authority 2002 Local Agency Revenue Bonds, Series A (Tranches A through D) (the "2002 Bonds") YES and paying incidental expenses as provided in Resolution NO No. 3569 adopted by the City Council of the City of San Jacinto on May 5, 2015? 2443 8.7 0020\97 865 24.3 PROPOSITION B: Shall special taxes be levied annually through June 30, 2038 on taxable property within Community Facilities District No. 2015-1 (Supplemental Special Tax to Rancho San Jacinto, Phase 2) of the City of San Jacinto, County of Riverside, State of California, to finance a portion of the principal of and interest on the 2002 YES Bonds described and to pay expenses incidental thereto, and to the levy and collection of the special taxes, so long as the NO 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 "A" to Resolution No. 3568 adopted by the City Council of the City of San Jacinto on May 5, 2015? 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 Community Facilities District No. 2015-1 (Supplemental Special Tax to Rancho San Jacinto, Phase 2) of the City of San Jacinto, County of Riverside, State of California, in the amount of YES $1,000,000? NO PROPOSITION A IS SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTION 53410 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. 2443 8.7 0020%97 865 24.3 s 24438.70020\9786524.3 A-1