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HomeMy WebLinkAboutRES 2006-67RESOLUTION NO. 2006-67 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2006-1 OF THE CITY OF DIAMOND BAR (DIAMOND BAR LIBRARY), AUTHORIZING THE LEVY OF SPECIAL TAXES AND CALLING ELECTIONS THEREIN WHEREAS, the City Council of the City of Diamond Bar (the "City Council") has pursuant to the 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 Califomia (the "Act") heretofore adopted Resolution No. 2006-61 declaring its intention to establish Community Facilities District No. 2006-1 of the City of Diamond Bar (Diamond Bar Library) (the "District') to (1) finance the purchase, construction, modification, expansion, improvement or rehabilitation of certain public facilities, consisting of a municipal library, as described in Attachment "B" to Resolution No. 2006- 61 and incorporated herein by this reference, including all furnishings, equipment and supplies related thereto (collectively, the "Facilities"), which Facilities have a useful life of five years or longer, (2) finance; library services described in Attachment "D" to Resolution No. 2006-61 and incorporated herein by this reference (the "Services"), (3) finance the incidental expenses to be incurred in connection with forming and administering the District and financing the Facilities (the "Facilities Incidental Expenses"), and (4) finance the incidental expenses to be incurred in connection with forming and administering the District and financing the Services (the "Services Incidental Expenses" and, together with the Facilities Incidental Expenses, the "Incidental Expenses"); and WHEREAS, the City Clerk published a notice (the "Notice") of a public hearing declaring the intent to form the proposed District and the intent to incur bonded indebtedness in the amount of up to $13,100,000 within the boundaries of the proposed District in a newspaper of general circulation in the area of the proposed District, which Notice contained the text or a summary of Resolution No. 2006-61, the time and place of the public hearing, a statement that the testimony of all interested persons or taxpayers would be heard, a description of the protest rights of the registered voters and landowners in the proposed district and a description of the proposed voting procedure for the election required by the Act, and which Notice was completed at least seven (7) days prior to the date of the public hearing; and WHEREAS, a copy of Resolution No. 2006-61 setting forth a description of the proposed boundaries of the District, the Facilities, the Services and the Incidental Expenses and the rate and method of apportionment of the special taxes proposed to be levied within the District is on file with the City Clerk and except to the extent amended by this resolution is incorporated herein by reference; and WHEREAS, at the August 1, 2006 public hearing there was filed with this City Council a report containing a description of the facilities and services necessary to meet 2006-67 the needs of the District and an estimate of the cost of such facilities and services as required by Section 53321.5 of the Act (the "Facilities Report"); and WHEREAS, on August 1, 2006, this City Council opened a noticed public hearing as required by law relative to the proposed formation of the District, the proposed rate and method of apportionment of the special tax, the proposed issuance of bonds to finance the Facilities and the Incidental Expenses; and WHEREAS, at the August 1, 2006 public hearing, all persons desiring to be heard on all matters pertaining to the proposed formation of the District and the levy of the special taxes and the issuance of bonded indebtedness with respect to the District were heard and a full and fair hearing was held; and WHEREAS, at the public hearing, evidence was presented to the City Council on the matters before it, and the proposed formation of the District and the levy of special taxes within the District was not precluded by a majority protest of the type described in Section 53324 of the Act, and this City Council at the conclusion of the hearing was fully advised as to all matters relating to the formation of the District, the levy of the special taxes and the issuance of bonded indebtedness with respect to the proposed District; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to proceed with the establishment of the District and to call an election within the District to authorize (i) the levy of special taxes pursuant to the expected demand that each parcel of real property within the proposed District will place on the Facilities and the Services and on the benefit that each parcel derives from the right to access the Facilities and from the Services pursuant to Section 53325.3 of the Act and (ii) the issuance of bonds for the District to finance the Facilities and the Facilities Incidental Expenses; and WHEREAS, the City Council has determined that there are more than twelve registered voters residing in the proposed boundaries of the District for the period of 90 days prior to August 1, 2006 and that the qualified electors in the District are registered voters within the District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 1. Each of the above recitals is true and correct. 2006-67 2. A community facilities district to be designated "Community Facilities District No. 2006-1 of the City of Diamond Bar (Diamond Bar Library)" is hereby established pursuant to the Act. The City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the District were 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 boundaries of Community Facilities District No. 2006-1 are established as shown on the map designated "Map of Proposed Boundaries of City of Diamond Bar Community Facilities District No. 2006-1 (Diamond Bar Library), which map is on file in the office of the: City Clerk and was recorded pursuant to Sections 3111 of the Streets and Highways Code in the County of Los Angeles Book of Maps of Assessment and Community Facilities Districts in the County Recorder's Office in Book No. 192, Page No. 6 on July 12, 2006 as Instrument No. 061539473 (the "Map"). 4. The types of Facilities, Services and Incidental Expenses authorized to be provided for Community Facilities District No. 2006-1 are those set forth in Resolution No. 2006-61. The estimated cost of the Facilities, Services and Incidental Expenses to be financed is set forth in the Facilities Report, which estimates may change as the Facilities are designed and bid for construction and acquisition. 5. The City is authorized by the Act to contribute revenue to, or to construct or acquire the Facilities and provide the Services, all in accordance with the Act. The Council finds that the proposed Facilities and Services are necessary to meet the current demands that are placed on the public library system in the City. 6. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act a special tax within the District, secured by recordation of a continuing lien against all nonexempt real property in the District, sufficient to pay for: (i) the Facilities, (ii) the Services, (iii) the Incidental Expenses, and (iv) the principal and interest and other periodic costs on the bonds or other indebtedness issued to finance the Facilities and the Incidental Expenses, including the establishment and replenishment of a reserve funds deemed necessary by the District, and any remarketing, credit enhancement and liquidity facility fees (including such fees for instruments which serve as the basis of a reserve fund in lieu of cash). The District expects to incur, and in certain cases has already incurred, Incidental Expenses in connection with the creation of the District, the issuance of bonds, the levying and collecting of the special tax, the completion and inspection of the Facilities, and providing 'Services. The rate and method of apportionment of the special tax applicable to the District is described in detail in Attachment "C" to Resolution No. 2006-61 and incorporated herein by this reference, and the City Council hereby finds that Attachment "C to Resolution No. 2006-61 contains sufficient detail to allow each registered voter within the District to estimate the 2006-67 maximum amount that may be levied against non-exempt real property owned by such person. As described in greater detail in the Facilities Report, which is incorporated by reference herein, the special taxes are based on the expected demand that each parcel of real property within the District will place on the Facilities and the Services and on the benefit that each parcel will derive from the right to access the Facilities and from the Services as set forth in Attachment "C to Resolution No. 2006-61. The special tax within the proposed District is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act, and such special tax is not based upon the value or ownership of real property. If special taxes of the District are levied against any parcel used for private residential purposes, (i) the maximum special tax rate shall not be increased over time; provided, however, the special taxes for Services may be increased based on the annual percentage change in the consumer price index to the extent permitted in the rate and method, (ii) the special tax for Facilities shall be levied for a period so long as bonds are outstanding, which shall not exceed 31 years from the date of issuance of the bonds or such series of bonds; provided that the special tax for Facilities may be levied until Fiscal Year 2046- 47, as further described in Attachment "C" to Resolution No. 2006-61, in order to collect delinquent special taxes required to pay debt service on bonds, (iii) the special tax for Services may be levied in perpetuity or for such period as the Services are needed, as further described in Attachment "C to Resolution No. 2006-61, and (iv) under no circumstances will such special tax be increased with respect to residential property as a consequence of delinquency or default byte - owner of any other parcel or parcels within the District by more than ten percent. 7. The City Manager of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California 91765-4178, telephone number (909) 839-7010, will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of special tax levy obligations by assessor's parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act. 8. In the event that a portion of the property within the District shall become for any reason exempt, wholly or partially, from the levy of the special tax specified in Attachment "C to Resolution No. 2006-61, as the case may be, the City Council shall, on behalf of the District, cause the levy to be increased, subject to the limitation of the maximum special tax for a parcel as set forth in Attachment "C to Resolution No. 2006-61, to the extent necessary upon the remaining property within the District which is not exempt in order to yield the special tax revenues required for paying for the Facilities, the Services, the Incidental Expenses, and the principal and interest and other periodic costs on bonds or other indebtedness issued to finance the Facilities and Facilities Incidental Expenses. The obligation to pay the special tax within the proposed District may not be prepaid. 9. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special 2006--67 tax shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the special tax by the District ceases. 10. Consistent with Section 53325.6 of the Act, the City Council finds and determines that the land within Community Facilities District No. 2006-1, if any, devoted primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products is contiguous to other land within Community Facilities District No. 2006-1 and will be benefited by the Facilities and Services being financed within Community Facilities District No. 2006-1 upon the devellopment of such property provided that such property is exempt from the levy of the special taxes until such time as it becomes Developed Property (as defined in the Rate and Method of Apportionment of the special taxes). 11. The City Council does not intend to make any adjustment in property taxation pursuant to Sections 53313.6 and 53313.7 of the Act. 12. The District may accept advances of funds or work -in-kind from any source, including, but not limited to, private persons or private entities, for any authorized purpose, including, but not limited to, paying any cost incurred in creating Community Facilities District No. 2006-1. The District may enter into an agreement with the person or entity advancing the funds or work -in-kind, to repay all or a portion of the fund:, advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work -in-kind, as determined by the City Council, with or without interest. 13. Written protests against the establishment of the District have not been filed by one-half or more 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 special tax for the District has not been precluded by a majority protest pursuant to Section 53324 of the Act. 14. An election is hereby called for the District on the proposition of levying the special taxes on the property within the District and establishing an appropriations limit for the District pursuant to Section 53325.7 of the Act and shall be consolidated with the election on the proposition of incurring bonded indebtedness for the District, pursuant to Section 53351 of the Act. The proposition to be placed on the ballot for the District is attached hereto as Attachment "A." 15. The date of the foregoing election for the District shall be November 7, 2006, such election being consolidated with the general statewide election held on such date. The election shall be conducted by the Registrar of Voters. The polls shall 2006--67 open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Election Code of the State of California. Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City of Diamond Bar, insofar as such provisions are determined by the Registrar of Voters to be applicable. All ballots shall be received by and the Registrar of Voters shall close the election on the election day at 8:00 p.m., except as provided in Section 14401 of the Election Code of the State of California. Pursuant to Section 53326 of the Act, the ballots for the special election shall be distributed in person or by mail to the qualified electors within the District. It has been determined by the Registrar of Voters that there were at least 12 registered voters within the District for each of the 90 days preceding August 1, 2006. Accordingly, the qualified electors shall be the registered voters and each voter shall have one vote. 16.The City hereby requests the Board of Supervisors of Los Angeles County, pursuant to Elections Code Section 10403, to consolidate this special district election with the County and Statewide elections scheduled for November 7, 2006. 17. The City also hereby requests the Board of Supervisors of Los Angeles County to direct the Registrar of Voters to do all things necessary and proper for the conduct of the election, including but not limited to: establishing precinct boundaries and polling places, selecting and employing election officials; publication of notices; preparation and distribution of sample ballots; distribution of printed arguments for and against the measure; the conduct of the election; the counting of ballots and the canvassing and certification of the election results. 18. In accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, the City Council requests the City Clerk to receive arguments for or against the ballot proposition and establish a deadline of August 18, 2006 as the date after which no arguments for or against the ballot propositions may be submitted to the City Clerk. The City Council hereby directs the City Clerk to transmit a copy of the foregoing measure to the City Attorney for the City, and directs the City Attorney to prepare and submit to the City Clerk an impartial analysis of the foregoing measure, all pursuant to California Elections Code Section 9280. The City Council hereby directs the City Manager to prepare a tax rate statement in accordance with Section 9401 at the Elections Code of the State of California and to transmit such tax rate statement to the City Clerk. The City Clerk shall transmit all election materials prepared pursuant to this Section 9 to the Registrar of Voters for inclusion in ballot materials. 19. This Resolution shall be effective upon its adoption. 2006--67 PASSED, APPROVED AND ADOPTED this August , 2006. lst day of Carol Herrera, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was; duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the I ut: — day of A,q„-t , 2006, by the following vote: AYES: COUNCIL MEMBERS: Chane, Tanaka, Tye, NiPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED:COUNCIL MEMBERS: None j Tommye dribbins, CITY CLERK CITY OF DIAMOND BAR 1 2006--67 ATTACHMENT "A" BALLOT PROPOSITION COMMUNITY FACILITIES DISTRICT NO. 2006-1 OF THE CITY OF DIAMOND BAR (DIAMOND BAR LIBRARY) SPECIAL TAX AND SPECIAL BOND ELECTION November 7, 2006 MEASURE _— City of Diamond Bar Library: YES To finance the construction and furnishing of a NO library benefiting the residents of the City of Diamond Bar, shall Community Facilities District No. 2006-1 of the City of Diamond Bar issue not to exceed $13,100,000 of bonds at legal rates and levy special taxes to finance debt service on the bonds and operating costs of the library and the District, and establish an appropriations limit of $550,000?