HomeMy WebLinkAboutReso 54-2021 (21-179)City of South San Francisco P.O. Box 711 (City Hall,
• 400 Grand Avenue)
South San Francisco, CA
• City Council
Resolution: RES 54-2021
File Number: 21-179 Enactment Number: RES 54-2021
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SOUTH SAN FRANCISCO, ACTING AS THE
LEGISLATIVE BODY OF CITY OF SOUTH SAN
FRANCISCO COMMUNITY FACILITIES DISTRICT
NO. 2021-01 (PUBLIC FACILITIES AND SERVICES),
CITY OF SOUTH SAN FRANCISCO, COUNTY OF
SAN MATEO, STATE OF CALIFORNIA,
DETERMINING THE NECESSITY TO INCUR
BONDED INDEBTEDNESS IN AN AMOUNT NOT TO
EXCEED $105,000,000 WITHIN THE DISTRICT AND
CALLING AN ELECTION THEREIN.
WHEREAS, on January 27, 2021, the City Council of the City of South San Francisco (the
"City Council") adopted Resolution No. 18-2021 (the "Resolution of Intention") stating its intention to
form City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and
Services), City of South San Francisco, County of San Mateo, State of California ("Community
Facilities District No. 2021-01" or the "District") pursuant to the Mello -Roos Community Facilities Act
of 1982, as amended (the "Act"); and
WHEREAS, on January 27, 2021, the City Council also adopted Resolution No. 19-2021
stating its intention to incur bonded indebtedness in the amount of up to $105,000,000 within proposed
Community Facilities District No. 2021-01 to finance (1) the purchase, construction, modification,
expansion, improvement or rehabilitation of public facilities identified in Attachment B to the Resolution
of Intention, and (2) the incidental expenses to be incurred in financing such public facilities and
services and forming and administering the District, as identified in Attachment B to the Resolution of
Intention; and
WHEREAS, notice was published as required by law relative to the intention of the City
Council to form proposed Community Facilities District No. 2021-01 and to incur bonded indebtedness
in the amount of up to $105,000,000 within the boundaries of proposed Community Facilities District
No. 2021-01; and
WHEREAS, on March 10, 2021, this City Council conducted a noticed public hearing to
determine whether it should proceed with the formation of Community Facilities District No. 2021-01,
issue bonds to pay for the facilities and incidental expenses described in the Resolution of Intention and
authorize the rate and method of apportionment of a special tax to be levied within Community Facilities
District No. 2021-01 for the purposes described in the Resolution of Intention; and
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the
formation of Community Facilities District No. 2021-01, the levy of a special tax and the issuance of
bonds to pay for the cost of the proposed facilities and incidental expenses were heard and a full and fair
hearing was held; and
City of South San Francisco Page 1
File Number. 21-179
Enactment Number. RES 54-2021
WHEREAS, the City Council subsequent to such hearing adopted Resolution No. 53-2021
establishing Community Facilities District No. 2021-01 (the "Resolution of Formation") and authorizing
the financing of the public facilities (the "Facilities") and the incidental expenses (the "Facilities
Incidental Expenses") described in Attachment A thereto; and
WHEREAS, the City Council desires to make the necessary findings to incur bonded
indebtedness within the District, to declare the purpose for said debt, and to authorize the submittal of a
proposition to issue bonded indebtedness to the voters of the District, being the landowners within the
proposed District, all as authorized and required by law;
NOW, THEREFORE, the City of South San Francisco, as the legislative body of City of South
San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South
San Francisco, County of San Mateo, does hereby resolve as follows:
1. It is necessary to incur bonded indebtedness in a maximum aggregate principal amount not to exceed
$105,000,000 within Community Facilities District No. 2021-01.
2. The indebtedness is to be incurred for the purpose of financing the costs of purchasing, constructing,
modifying, expanding, improving, or rehabilitating the Facilities and financing the Facilities Incidental
Expenses, as described in the Resolution of Formation, and carrying out the powers and purposes of
Community Facilities District No. 2021-01, including, but not limited to, financing the costs of selling
the bonds, establishing and replenishing bond reserve funds and paying credit enhancement fees and
other expenses of the type authorized by Section 53345.3 of the Act.
3. The whole of the property within Community Facilities District No. 2021-01, other than property
exempted from the special tax pursuant to the provisions of the rate and method of apportionment
attached to the Resolution of Intention as Attachment C, shall pay for the bonded indebtedness pursuant
to the levy of the special tax authorized by the Resolution of Formation.
4. The maximum term of the bonds to be issued shall in no event exceed 35 years or such longer term
as is then permitted by law.
5. The bonds shall bear interest at the rate or rates not to exceed the maximum interest rate permitted by
law, payable annually or semiannually, or in part annually and in part semiannually, except the first
interest payment may be for a period of less than six months, with the actual rate or rates and times of
payment to be determined at the time or times of sale thereof.
6. The bonds may bear a variable or fixed interest rate, provided that such variable rate or fixed rate
shall not exceed the maximum rate permitted by Section 53531 of the Act, or any other applicable
provision of law limiting the maximum interest rate on the bonds.
7. Pursuant to Section 53351 of the Act, a special election is hereby called for Community Facilities
District No. 2021-01 on the proposition of incurring the bonded indebtedness. The proposition relative
to incurring bonded indebtedness in the maximum aggregate principal amount of $105,000,000 shall be
in the form of Proposition A set forth in Attachment A hereto. In accordance with Sections 53351(h) and
53353.5 of the Act, the election shall be consolidated with the special election called on the proposition
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File Number. 21-179
Enactment Number. RES 54-2021
of levying special taxes within the District as described in the Resolution of Formation, which
proposition shall be in the form of Proposition B set forth in Attachment A, and on the proposition of
establishing an appropriations limit for the District, which proposition shall be in the form of Proposition
C set forth in Attachment A.
8. The date of the special election for Community Facilities District No. 2021-01 on the propositions of
incurring the bonded indebtedness, authorizing the levy of the special tax and setting an appropriations
limit shall be March 10, 2021, or such later date as is consented to by the City Clerk; provided that, if the
election is to take place sooner than 90 days after March 10, 2021, then the unanimous written consent of
each qualified elector within the District to such election date must be obtained. The polls shall be open
for said election immediately following the public hearing on March 10, 2021. The election shall be
conducted by the City Clerk. 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 South San Francisco insofar as
such provisions are determined by the City Clerk to be applicable. The City Clerk is authorized to
conduct the election following the adoption of the Resolution of Formation, and this resolution and all
ballots shall be received by and the City Clerk shall close the election by 11:00 p.m. on the election day;
provided the election shall be closed at such earlier time as all qualified electors have voted as provided
in Section 53326(d) of the Act. Pursuant to Section 53326 of the Act, the ballots for the special election
shall be distributed in person, or by mail with return postage prepaid, to the qualified electors within
Community Facilities District No. 2021-01. The City Clerk has secured a certificate of the Registrar of
Voters of the County of San Mateo certifying that there were no registered voters within the District as of
January 6, 2021. Accordingly, since there were fewer than 12 registered voters within the District for
each of the 90 days preceding March 10, 2021, the qualified electors shall be the landowners within the
District and each landowner, or the authorized representative thereof, shall have one vote for each acre or
portion thereof that such landowner owns within Community Facilities District No. 2021-01, as provided
in Section 53326 of the Act. The landowners within the District have each executed and delivered a
waiver of certain election law requirements and consenting to the holding of the election on March 10,
2021, which waiver is on file with the City Clerk.
9. This resolution shall take effect immediately upon its passage.
At a meeting of the City Council on 3/10/2021, a motion was made by Councilmember Coleman,
seconded by Councilmember Flores, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember
Coleman, and Councilmember Flores
Attest byU V 944 ILL
osa Govea Acosta, City Clerk
City of South San Francisco Page 3
ATTACHMENT A
BALLOT PROPOSITIONS
CITY OF SOUTH SAN FRANCISCO
COMMUNITY FACILITIES DISTRICT NO. 2021-01
(PUBLIC FACILITIES AND SERVICES),
CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO,
STATE OF CALIFORNIA
SPECIAL TAX AND SPECIAL BOND ELECTION
March 10, 2021
PROPOSITION A: Shall City of South San Francisco
Community Facilities District No. 2021-01 (Public
Facilities and Services), City of South San Francisco,
County of San Mateo, State of California (the “District”)
incur an indebtedness and issue bonds in the maximum
principal amount of $105,000,000, with interest at a rate
or rates not to exceed the maximum interest rate
permitted by law, to finance the Facilities and the
Facilities Incidental Expenses described in Resolution
No. 18-2021 of the City Council of the City of South San
Francisco?
PROPOSITION B: Shall a Special Tax A and a Special
Tax B (as such terms are defined in the rate and method
of apportionment of special taxes for the District (the
“Rate and Method”)) as provided in Resolution No. 18-
2021 of the City Council of the City of South San
Francisco be levied in accordance with the Rate and
Method to pay for the Facilities, the Services and
Incidental Expenses and other purposes described in
Resolution No. 18-2021, including the payment of the
principal of and interest on bonds issued to finance the
Facilities and Facilities Incidental Expenses?
YES______
NO_______
YES______
NO_______
PROPOSITION C: For each year commencing with
Fiscal Year 2021-22, shall the appropriations limit, as
defined by subdivision (h) of Section 8 of Article XIII B
of the California Constitution, for the District No. 2021-
01 be an amount equal to $100,000,000?
YES______
NO_______