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HomeMy WebLinkAboutResolution 2006-51 RESOLUTION NO. 2006-51 RESOLUTION CALLING SPECIAL ELECTION TO AMEND THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX City of Gilroy Community Facilities District No. 2000-1 (Highway 152) WHEREAS, the City Council of the City of Gilroy (the "City") has conducted proceedings under and pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5 (commencing with Section 53311) of the California Government Code (the "Act"), to form City of Gilroy Community Facilities District No. 2000-1 (Highway 152) (the "CFD"), to authorize the levy of special taxes upon the land within the CFD, and to issue bonds secured by the special taxes, the proceeds of which are to be used to finance certain public improvements, all as described in those proceedings; and WHEREAS, the City previously issued the City of Gilroy Community Facilities District No. 2000-1 (Highway 152) Special Tax Bonds, Series 2002 (the" 2002 Bonds") in the initial principal amount of $7,185,000; and WHEREAS, the Rate and Method of Apportionment of Special Tax for the CFD (the "Rate and Method"), attached as Exhibit B to the City Council's Resolution No. 2000-87 adopted by the City Council on December 18, 2000, authorizes the levy of a "Special Tax" in the CFD in any fiscal year to pay the "Highway 152 Special Tax Requirement" and lor the "Supplemental Bonds Special Tax Requirement"; and WHEREAS, the Highway 152 Special Tax Requirement generally is defined in the Rate and Method as the amount necessary to pay principal and interest on "Highway 152 Bonds", to create or replenish reserve funds for Highway 152 Bonds, to cure delinquencies in the payment of principal or interest on Highway 152 Bonds, and to pay administrative expenses not associated with "Supplemental Bonds"; and WHEREAS, Highway 152 Bonds are defined in the Rate and Method as bonds or other debt issued by the CFD to pay for the construction or acquisition of improvements to Highway 152; and WHEREAS, the Supplemental Bonds Special Tax Requirement generally is defined in the Rate and Method as the amount necessary to pay principal and interest on Supplemental Bonds, to create or replenish reserve funds for Supplemental Bonds, to cure delinquencies in the payment of principal or interest on Supplemental Bonds, and to pay administrative expenses not associated with Highway 152 Bonds; and WHEREAS, Supplemental Bonds are defined in the Rate and Method as any bonds, the debt service on which are secured by the Supplemental Special Tax in an Improvement Area (as defined in the Rate and Method) within the CFD that have been issued to pay for public facilities other than improvements to Highway 152; and WHEREAS, the Rate and Method dictates that Supplemental Bonds sold to fund improvements within an Improvement Area shall be secured solely by special taxes collected within that Improvement Area and that no special tax shall be levied in any Improvement Area to RESOLUTION NO. 2006-51 -1- pay debt service on Supplemental Bonds sold to fund improvements in another Improvement Area; and WHEREAS, pursuant to the Rate and Method, the Maximum Special Tax in Improvement Area NO.1 is $2,046 per Acre (subject to annual increase) until such time as Supplemental Bonds are issued for public improvements within Improvement Area # 1 of the CFD ("Improvement Area #1"), at which time the Maximum Special Tax increases to $15,262 per Acre (subject to annual increase); and WHEREAS, the Series 2002 Bonds are Highway 152 Bonds as defined in the Rate and Method and are secured by special taxes levied throughout the CFD, i.e., in Improvement Area #s 1 through 8, up to the Maximum Special Tax specified for Highway 152 Bonds in each Improvement Area; and WHEREAS, the City has been asked by the owner of the property in Improvement Area # 1 (i) to issue bonds to finance acquisition and construction of certain public facilities other than improvements to Highway 152 and (ii) to amend the Rate and Method as it applies to the Special Tax levied in Improvement Area #1 to pay the Supplemental Bond Special Tax Requirement; and WHEREAS, the City Council has received a petition from the owner of the property in Improvement Area #1 with respect to the proposed amendment of the Rate and Method; and WHEREAS, Section 53331 (a) of the Act authorizes the City Council, if it determines that the public convenience and necessity require a change in the Rate and Method, to adopt a resolution of consideration to alter the Rate and Method; and WHEREAS, the City Council has determined that the proposed amendment to the Rate and Method would not adversely impact owners of the Series 2002 Bonds because the proposed amendment will not impact the Special Tax levied to pay the Highway 152 Special Tax Requirement; and WHEREAS, the proposed change to the Rate and Method must occur following a public hearing and must be approved by two-thirds of the votes cast on the proposition at an election of the qualified electors in Improvement Area #1. WHEREAS, the Council has adopted a "Resolution of Consideration to Amend the Rate and Method of Apportionment of Special Tax" (the "Resolution of Consideration") and set July 17, 2006 at 7:00 p.m. as the date and time when a public hearing on the proposed change to the Rate and Method, in the form attached to the Resolution of Consideration as Exhibit A, would be considered; and WHEREAS, the public hearing was held on this date, and the proposed change to the Rate and Method was not opposed by more than 50% of the owners of land within Improvement #1; and WHEREAS, the Resolution of Consideration also set July 17, 2006 as the date to hold a special election on the proposed change to the Rate and Method; and RESOLUTION NO. 2006-51 -2- WHEREAS, Government Code Section 53338 authorizes the holding of a special election of the qualified electors on the issue of amending a rate and method of apportionment for an existing CFD. NOW THEREFORE be it resolved as follows: 1. As authorized by Section 53338 of the Act, the proposition to approve the amended Rate and Method shall be placed upon a ballot, the form of which is attached hereto as Exhibit "A" and by this reference incorporated herein. Said form of the ballot is hereby approved. 2. This City Council hereby finds that fewer than 12 persons have been registered to vote within Improvement Area #1 for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this City Council for the purposes of these proceedings. Accordingly, and pursuant to the Act, this City Council finds that for purposes of these proceedings the qualified electors are the landowners within Improvement Area #1 and that the vote shall be by said landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in Improvement Area #1 as of the close of said public hearings. 3. This City Council hereby calls a special election to consider the measures described in paragraph 2 above, which election shall be held in the City Council meeting room on July 17, 2006, at 7:00 P.M. or as soon thereafter as is practicable and the results thereof canvassed at the meeting of this Council on July 17, 2006 or a later date as may be directed by the Council. The City Clerk is hereby designated as the official to conduct said election and to receive all ballots until the close of business on the election date. This Council hereby further finds that the provisions of Section 53326 of the Act requiring a minimum period of time before holding the special election are for the protection of the qualified electors of Improvement Area #1. There are on file with the Clerk written waivers executed by all of the qualified electors of Improvement Area #1 allowing for a shortening of the time for the special election to expedite the amendment of the Rate and Method and waiving any requirement for notice, analysis and arguments in connection with the election. Accordingly, this Council finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the election and waiver of analysis and arguments, and have thereby been fully protected in these proceedings. This Council also finds and determines that the City Clerk has concurred in the shortened time for the election. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act. 4. It is hereby acknowledged that the Clerk has on file the Resolution of Consideration, a certified map of the boundaries of Improvement Area #1, and a sufficient description to allow the Clerk to determine the electors of Improvement Area #1. Pursuant to Section 53327 of the Act, the election shall be conducted by messenger or mail-delivered ballot pursuant to Section 4000 of the California Elections Code. This Council hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of Section 4000 are applicable to this special election. 5. This City Council acknowledges that the City Clerk will cause to be delivered to each of the qualified electors within Improvement Area #1 a ballot in the form set forth in Exhibit "A." Each ballot shall indicate the number of votes to be cast by the respective landowner to which it pertains. RESOLUTION NO. 2006-51 -3- Each ballot will be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot will be enclosed with the ballot, have the return postage prepaid, and shall contain the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing official. 6. The voted ballots shall be returned to the City Clerk no later than 7:00 P.M. on July 17, 2006. The City Clerk shall accept the ballots of the qualified electors in the meeting room of the City Council, whether said ballots be personally delivered or received by mail. The City Clerk shall have available ballots which may be marked at said location on the election day by said qualified electors. 7. This Resolution shall take effect upon its adoption. PASSED AND ADOPTED this 17th day of July, 2006 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ---.... ATTh:; i..... ~ufA &2~<L Rhonda Pellin, City Clerk RESOLUTION NO. 2006-51 -4- EXHIBIT A FORM OF BALLOT City of Gilroy Community Facilities District No. 2000-1 (Highway 152) This ballot is for a special, landowner election in Improvement Area #1 of the City of Gilroy Community Facilities District No. 2000-1 (Highway 152). You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City by no later than the hour of 5:00 p.m. on July 17, 2006. either by mail or in person. The City Clerk's office is located at City Hall, 7351 Rosanna Street, Gilroy, California 95020-6197. To vote, mark a cross (X) on the voting line 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 and obtain another. BALLOT MEASURE: Shall the Rate and Method of Apportionment of Special Tax for the City of Gilroy Community Facilities District No. 2000-1 (Highway 152) be amended as set forth in Amendment No. 1 to Rate and Method of Apportionment of Special Tax, a copy of which Amendment No. 1 has been provided to me and which I have read and approved, as it relates to the levy of the Special Tax in Improvement Area #1 to pay the Supplemental Bond Special Tax Requirement? YES: NO: By execution in the space provided below, the owner of the property also waives the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure and the property owner acknowledges that he or she wishes this election to be held as quickly as possible. Number of Votes: 109 Property Owned by Property Owner: APN 841-17-093, 841-17-080 Property Owner: McCarthy Gilroy, LLC, a California limited liability company RESOLUTION NO. 2006-51 -5- I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2006-51 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 17th day of July, 2006, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 24th day of July, 2006. ~.U2~. City Clerk of the City of Gilroy (Seal)