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HomeMy WebLinkAboutOrdinance 1876 (General Obligation Bond Measure)CLERK'S CERTIFICATE I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, and Ex -Officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1876 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CALLING A GENERAL MUNICIPAL ELECTION AND ORDERING THE SUBMISSION OF A PROPOSITION OF INCURRING BONDED DEBT FOR THE PURPOSE OF THE ACQUISITION, CONSTRUCTION AND COMPLETION OF PUBLIC SAFETY FACILITIES TO THE QUALIFIED VOTERS OF THE CITY OF SAN RAFAEL AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2009 is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 24th day of July, 2009, was published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City, held on the 3`d day of August, 2009, by the following vote, to wit: AYES COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 4 1 day of August, 2009 ESTHER C. BEIRNE City Clerk ORDINANCE NO. 1876 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CALLING A GENERAL MUNICIPAL ELECTION AND ORDERING THE SUBMISSION OF A PROPOSITION OF INCURRING BONDED DEBT FOR THE PURPOSE OF THE ACQUISITION, CONSTRUCTION AND COMPLETION OF PUBLIC SAFETY FACILITIES TO THE QUALIFIED VOTERS OF THE CITY OF SAN RAFAEL AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2009 WHEREAS, on July 24, 2009, this City Council adopted, by a two-thirds vote of all the members of said Council, a Resolution entitled "A Resolution of the City Council of the City of San Rafael Determining That the Public Interest and Necessity Demand the Acquisition, Construction and Completion of Public Safety Facilities, and Thed. Financing Thl ough the Issuance of General Obligation Bonds" (the "Resolution"); and WHEREAS, in order to provide for the issuance by the City of its general obligation bonds to finance the costs of acquiring and constructing public safety facilities and related public facilities and grounds to replace, relocate, upgrade, renovate, or expand existing fire and police stations and construct an earthquake -safe dispatch center, it is necessary for this Council to pass an ordinance ordering the submission of the proposition of incurring bonded indebtedness for such purpose to the qualified voters of the City at an election; and WHEREAS, a General Municipal Election for the City is to be held on Tuesday, November 3, 2009; and WHEREAS, the City Council desires to submit to the voters at said election the proposition of incurring bonded indebtedness as hereinafter set forth. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: SECTION 1. SPECIFICATIONS OF PROPOSITION. That the following proposition shall be submitted to the voters of the City at the General Municipal Election to be held on November 3, 2009: This Proposition may be known and referred to as the "SAN RAFAEL PUBLIC SAFETY FACILITIES BOND MEASURE" or as "Measure _". [designation to be assigned by County Registrar of Voters) Finding; Purnoses of Bonds. Firefighters, paramedics, and police officers protect the safety of San Rafael residents each day by providing rapid response services. Due to the age and condition of San Rafael's fire stations, police station and emergency dispatch center, it is unclear if they could withstand a major earthquake and remain operational in a disaster. Aging facilities that were built 50-100 years ago cannot accommodate lifesaving emergency medical equipment and technology. To protect the safety of San Rafael residents and businesses, this bond will provide funding to upgrade, enhance, improve, expand, renovate, build, equip, replace or acquire public safety buildings and related community facilities and grounds in the City of San Rafael. Special Bond Account and Mandatory Annual Audits. A separate account shall be established into which proceeds of the sale of the Bonds shall be deposited. This account shall be audited annually and a report shall be made detailing (1) the amount of Bond proceeds received and expended in such fiscal year and (2) the status of any projects funded or to be funded from the proceeds of Bonds authorized to be issued by this measure. No Money For Administrators. Proceeds from the sale of the Bonds authorized by this proposition shall be used only for costs incurred in connection with funding of the improvement of public safety and related community facilities and the cost of the issuance of the Bonds, and not for any other purpose, including staff and administrator salaries and other operating expenses. Independent Citizens' Oversight Committee. The Council shall establish an independent citizens' oversight committee to ensure Bond proceeds are expended only for the projects authorized by the ballot measure. The committee shall be established within 90 days after the election. All funds stay local for the benefit of San Rafael Public Safety Facilities. All bond proceeds shall be used to improve police, fire and related facilities within the City of San Rafael for the benefit of the local community. No funds may be taken away by the state government, federal government, or other agencies. Section 2. Abbreviation of Proposition. Pursuant to Section 13247 of the Elections Code, the Council hereby directs the Registrar of Voters to use the following abbreviation of the bond proposition on the ballot: "To protect the safety of San Rafael residents and maintain rapid emergency response by upgrading/replacing aging police/fire stations and related city facilities to accommodate modern firefighting/lifesaving emergency medical equipment and provide an earthquake -safe dispatch YES center and police/fire stations so emergency communications and police/fire/paramedic units remain operational in disasters, shall the City of San Rafael issue $88 million in bonds with independent oversight, no NO money for administrators and all funds staying local?" Section 3. Voter Pamphlet. The Registrar of Voters of the County is hereby requested to reprint the full text of the proposition, which is all of that portion of Section 1 hereof appearing in bold -face type, together with the Tax Rate Information (attached hereto as Exhibit A) required by law, in the voter information pamphlet to be distributed to voters pursuant to Section 13307 of the Elections Code. In the event the full text of the proposition is not reprinted in the voter information pamphlet, the Registrar of Voters is hereby requested to print, immediately below the -2- impartial analysis of the bond proposition, in no less than 10 -point boldface type, a legend substantially as follows: "The above statement is an impartial analysis of Measure _. If you desire a copy of the measure, please call the San Rafael City Clerk at 415-485-3065 and a copy will be mailed at no cost to you." SECTION 4. Obiect and Purposes of Bond. The object and purpose of incurring the indebtedness is to finance the costs of acquiring and constructing public safety facilities and related public facilities and grounds to replace, relocate, upgrade, renovate, or expand existing fire and police stations and construct an earthquake -safe dispatch center. The foregoing improvements are referred to herein as the "Improvements". SECTION 5. Estimated Costs of Improvements. The estimated cost of the portion of the costs of the Improvements to be paid for from the City's general obligation bonds is Eighty -Eight Million Dollars ($88,000,000). The estimated cost includes legal and other fees and the cost of printing the bonds and other costs and expenses incidental to or connected with the authorization, issuance and sale of bonds. The cost of constructing the Improvements in excess of $88,000,000 will be paid for from other funds of the City. SECTION 6. Amount of Bonds. The amount of the principal of the indebtedness to be incurred is not to exceed Eighty -Eight Million Dollars ($88,000,000). SECTION 7. Maximum Rate of Interest on Bonds. The maximum rate of interest to be paid on the indebtedness shall be twelve percent (12%) per annum. SECTION 8. Election Called. This City Council does hereby call a General Municipal Election on Tuesday, November 3, 2009, and submits to the qualified voters of the City, at said General Municipal Election, the proposition set forth in Section 1 hereof. The City proposes to acquire, construct and complete the Improvements, and to issue and sell General Obligation Bonds of the City pursuant to Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 of the California Government Code, in one or more series, in the maximum amount and for the objects and purposes set forth above, if two-thirds of all qualified voters voting on the proposition set forth above vote in favor thereof. The bonds are to be general obligations of the City, payable from and secured by taxes levied and collected in the manner prescribed by laws of the State of California. All of said bonds are to be equally and ratably secured, without priority, by the taxing power of the City. SECTION 9. Election Procedures. That in all particulars not recited in this Ordinance, the election shall be held and conducted as provided by law for holding municipal elections. That pursuant to the requirements of section 10403 of the Elections Code, the Board of Supervisors (the "Board of Supervisors") of Marin County (the "County") is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Election on Tuesday, November 3, 2009, and said election shall be held in all respects as if there were only one election and only one form of ballot shall be used. -3- SECTION 10. Marking Ballots. Each voter to vote for the proposition and for the incurring of said indebtedness shall fill in the oval to the left of the word "YES" on the ballot below the proposition heading; and each voter to vote against the proposition and against the incurring of said indebtedness shall fill in the oval to the left of the word "NO" on the ballot below the proposition heading. SECTION 11. Notice of Election. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in the time, form, and manner required by law. SECTION 12. Publication of Ordinance. This Ordinance shall be published once a day for at least seven days in a newspaper printed, published and circulated at least six days a week in the City, or once a week for two weeks in a newspaper printed, published and circulated less than six days a week in the City. The first of said publications shall, in either event, be within fifteen (15) days after the adoption of this ordinance. The City Clerk is hereby authorized and directed to make said publications and to transmit, for receipt no later than August 7, 2009, a certified copy of this Ordinance to the Board of Supervisors, and a copy with the County Clerk of the County and the Registrar of Voters of the County. SECTION 13. Instructions to County Elections Department. The Board of Supervisors is hereby requested to issue instructions to the County Elections Department to take any and all steps necessary for the holding of the said consolidated elections, to provide the following election services and to canvass the results of said election: ■ Provide Voter Indexes ■ Provide Voter Count by Precinct ■ Provide Drayage and Rental of Polling Places ■ Provide Printing of Sample and Official Ballots ■ Provide Printing of Measures and Arguments ■ Appoint and Notify Election Officers ■ Mail Sample Ballots and Polling Place Notification ■ Provide Precinct Supplies ■ Provide Training of Precinct Workers ■ Provide Processing of Absentee Ballots ■ Provide Central Counting ■ Provide Canvass of Votes Cast ■ Provide such other services as are necessary to conduct the General Municipal Election SECTION 14. Accountabilitv Measures. As required by Section 53410 of the Government Code, a statement in substantially the following form shall be included on the ballot for the Bonds, and the City Council covenants to comply with the reporting requirements contained in Section 53411 of the Government Code: Accountability Measures As required by Section 53410 of the Government Code, the following accountability measures are hereby made a part of the City's Bond Measure (the "Measure"): a) The specific purpose of the bonds is to acquire and construct public safety facilities and related public facilities and grounds to replace, relocate, upgrade, renovate, or expand existing fire and police stations and construct an earthquake -safe dispatch center; b) The proceeds from the sale of the City's bonds will be used only for the purposes specified in the Measure, and not for any other purpose, including staff and administrator salaries and other operating expenses; c) The proceeds of the Bonds will be deposited into a public safety building construction fund to be held by the City; d) All Bond proceeds shall be used to improve police, fire and related facilities within the City of San Rafael for the benefit of the local community. No funds may be taken away by the state government, federal government, or other agencies. e) The City Manager or Finance Director of the City shall file an annual report with the City Council of the City, commencing not later than one year after the first series of the Bonds have been issued, and annually thereafter, which report shall contain pertinent information regarding the amount of funds collected and expended, as well as the status of the projects listed in the Measure. f) The City Council shall establish an independent citizens' oversight committee to ensure Bond proceeds are expended only for the projects authorized by the Measure. The committee shall be established within 90 days after the election. SECTION 15. Election Costs. That the City of San Rafael recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 16. Form of Ballots. That the ballots to be used at the election shall be in form and content as required by law. SECTION 17. Preparation of Ballots. That the Board of Supervisors is requested and authorized to have the Marin County Election Department procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. -5- SECTION 18. Polls. That the polls for the election shall be open at 7:00 o'clock a.m. of the day of the election and shall remain open continuously from that time until 8:00 o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 19. Imnartial Analvsis. The City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, who shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 20. Effective Date. This Ordinance shall become effective immediately as an ordinance relating to an election pursuant to Government Code section 36937(a) upon its adoption by two-thirds vote of all the members of this City Council. ALBffRT J. B O, Mayor ATTEST: ESTHER BEIRNE, City Clerk The foregoing ordinance was read and introduced at a special meeting of the City Council of the City of San Rafael held on the 24°i day of July, 2009 and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 3rd day of August, 2009. &Me jrKc ESTHER BEIRNE, City Clerk -b- EXHIBIT A TAX RATE STATEMENT An election will be held in the City of San Rafael (the "City") on November 3, 2009, to authorize the sale of not to exceed $88,000,000 in bonds of the City to finance facilities as described in the ballot measure. If the bonds are approved, the City expects to sell the bonds in three series (but may issue the bonds in more than or fewer than three series). Principal and interest on the bonds will be payable from the proceeds of tax levies made upon the taxable property in the City. The following information is provided incompliance with sections 9400-9404 of the California Elections Code: 1. The best estimate of the tax rate that would be required to be levied to fund this bond issue during the first fiscal year after the sale of the bonds, based on estimated assessed valuations available at the time of filing this statement, is $16 per $100,000 of assessed valuation in fiscal year 2010-11. 2. The City's best estimate of the average tax rate that would be required to be levied to fund this bond issue over all of the years the bonds are expected to be outstanding is $41 per $100,000 of assessed valuation. 3. The best estimate of the highest tax rate that would be required to be levied to fund this bond issue, based on estimated assessed valuations available at the time of filing this statement, is $53 per $100,000 of assessed valuation in fiscal year 2015-16, decreasing each year thereafter. Voters should note that the estimated tax rates are based on the assessed value of taxable property on the Marin County official tax rolls, not on the market value of property. Property owners should consult their own property tax bills to determine their property's assessed value and any applicable tax exemptions. Attention of all voters is directed to the fact that the foregoing information is based on the City's projections and estimates only, which is not binding upon the City. The actual tax rates and the years in which they will apply may vary from those presently estimated, due to variations from these estimates in the timing of the sale of the bonds, the amount of bonds sold and market interest rates at the time of the sale, and actual assessed valuations over the term of repayment of the bonds. The date of sale and the amount of bonds sold at any given time will be determined by the City based on the need for construction funds and other factors. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each bond sale, among other factors. Actual future assessed valuation will depend on the amount and value of taxable property within the City, as determined by the Marin County Assessor in the annual assessment and the equalization process. Dated: August 3, 2009 Mayor of the City of San Rafael -7-