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HomeMy Public PortalAbout20150730 - Agenda Packet - Board of Directors (BOD) - 15-20 SPECIAL MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Thursday, July 30, 2015 12:30 P.M. TELECONFERENCE NOTICE Pursuant to Government Code Section 54953, Subdivision (b), the following Board meeting will include teleconference participation by Director Cecily Harris from: 4 Cranfield Ave, San Carlos, CA 94070 This Notice and Agenda will be posted at the teleconference location. Public comment from this address shall be allowed pursuant to Government Code Section 54954.3. A G E N D A 12:30 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL ORAL COMMUNICATIONS 1. Modifying Fiscal Year 2015-2016 Tax Levy for the Midpeninsula Regional Open Space District’s General Obligation Bonds - Series 2015A and Series 2015B Staff Contact: Andrew Taylor, Senior Accountant General Manager’s Recommendation: Adopt Resolutions of the Board of Directors of the Midpeninsula Regional Open Space District for each of San Mateo, Santa Clara and Santa Cruz Counties to modify an ad valorem property tax levy of $0.80 per $100,000 (or $0.0008 per $100) in assessed value for the District’s General Obligation Bonds – Series 2015A and Series 2015B (Measure AA). ADJOURNMENT Meeting 15-20 TO ADDRESS THE BOARD: The President will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. CERTIFICATION OF POSTING OF AGENDA I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that the foregoing agenda for the special and regular meetings of the MROSD Board of Directors was posted and available for review on July 29, 2015, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos California, 94022. The agenda and any additional written materials are also available on the District’s web site at http://www.openspace.org. Jennifer Woodworth, CMC District Clerk R-15-115 Meeting 15-20 July 30, 2015 AGENDA ITEM 1 AGENDA ITEM Revising Fiscal Year 2015-2016 Tax Levy for the Midpeninsula Regional Open Space District’s General Obligation Bonds - Series 2015A and Series 2015B GENERAL MANAGER’S RECOMMENDATION Adopt Resolutions of the Board of Directors of the Midpeninsula Regional Open Space District for each of San Mateo, Santa Clara and Santa Cruz Counties to amend the ad valorem property tax levy from $1.10 per $100,000 (or $0.0011 per $100) to $.80 per $100,000 (or $0.0008 per $100) in assessed value for the District’s General Obligation Bonds – Series 2015A and Series 2015B (Measure AA). SUMMARY On June 3, 2014, voters of the District approved the passage of Measure AA under which the District is authorized to issue up to $300 million of general obligation bonds (Bonds) over thirty years to finance Measure AA capital projects. By Resolution 2015-19 adopted on May 13, 2015, the Board of Directors authorized the issuance of up to $45,000,000 as the first tranche of the Bonds. The most recent financing schedule for the first tranche is as follows: • July 17 Ratings received from Fitch and Standard & Poor’s • July 20 Distribution of the Preliminary Official Statement • July 28/29 Pricing of the bonds • August 13 Closing of the bond sale DISCUSSION Debt service payments on the Bonds are paid through ad valorem taxes on all taxable property within the District. Based on the estimated debt service schedule received from the underwriters, and tax revenue projections provided by the District’s Tax Administration Consultant (Goodwin Consulting Group), the Board, on July 22, 2015 approved resolutions for each of the three Counties authorizing the placement of an ad valorem property tax levy of $0.0011 per $100, or $1.10 per $100,000 in assessed value. Concurrently, the District received a “AAA” rating from Standard and Poor’s and Fitch Rating Services for the subject General Obligation bonds. With the pricing of bonds complete, the premium exceeded original estimates and, as a result, the property tax rate can be lowered from $1.10 to $.80 per $100,000 of assessed valuation. This provides the best value for District taxpayers, which was originally estimated at $1.00 per $100,000 of assessed valuation in early 2014. R-15-115 Page 2 FISCAL IMPACT The establishment of the revised ad valorem property tax levy will provide the District with sufficient revenues to pay related debt service on the issuance of $45,000,000 of general obligation bonds, which have been priced, and the sale of which will close on August 13. BOARD COMMITTEE REVIEW This item was not previously reviewed by a Board Committee. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under CEQA. NEXT STEPS If approved by the Board, staff will forward the resolutions to the relevant departments and Board of Supervisors of each County for inclusion in the 2015-2016 property tax bills. Attachments: 1. Resolution of the Midpeninsula Regional Open Space District Amending the Tax Rate on Voter Approved General Obligation Bonds – County of San Mateo 2. Resolution of the Midpeninsula Regional Open Space District Amending the Tax Rate on Voter Approved General Obligation Bonds – County of Santa Clara 3. Resolution of the Midpeninsula Regional Open Space District Amending the Tax Rate on Voter Approved General Obligation Bonds – County of Santa Cruz Responsible Department Head: Mike Foster, Controller Prepared by: Andrew Taylor, Senior Accountant Resolutions/2015/15-___SMC Measure AA Levy_Amend Rate 1 RESOLUTION NO. 15-____ A RESOLUTION OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING THE 2015-16 TAX RATE ON VOTER APPROVED GENERAL OBLIGATION BONDS ______________________________________________________________________________ WHEREAS, on July 22, 2015 the Board of Directors of the Midpeninsula Regional Open Space District (the “District”) adopted Resolution No. 15-34, attached hereto and incorporated herein as Exhibit “A”, establishing the tax rate necessary to pay the principal and interest on the Bonds coming due and payable on March 1, 2016 and September 1, 2016 as $0.0011 per $100 of assessed valuation in each of the County of San Mateo, the County of Santa Clara and the County of Santa Cruz (each, a “County”; collectively, the “Counties”); and WHEREAS, the District successfully completed the sale of its voter approved General Obligation Bonds on July 29, 2015. Favorable market conditions have resulted in lower than expected debt service requirements which allow the District to amend the tax levy with a lower rate; and WHEREAS, the District wishes to amend Resolution No. 15-34 to establish a tax rate of $0.0008 per $100 of assessed valuation. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District, as follows: SECTION 1. Levy of Tax. The Board of Directors of the District hereby amends Resolution No. 15-34 to reflect the tax rate necessary to pay the principal and interest on the Bonds coming due and payable on March 1, 2016 and September 1, 2016 as $0.0008 per $100 of assessed valuation. Such tax rate shall be and is hereby levied in accordance with all applicable requirements of law. SECTION 2. Collection of Tax. The Controller is hereby directed to forward a copy of this Resolution to the Auditor-Controller of the County of San Mateo, and to the Board of Supervisors of the County, and to take such actions and execute such documents as may be required to cause the tax rate set forth in Section 1 to be placed on the 2015-2016 property tax bill and collected by each of the County. SECTION 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2015, at a Regular Meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Attachment 1 ATTEST: APPROVED: Secretary Board of Directors President Board of Directors APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Attachment 1 Exhibit A Exhibit A Resolutions/2015/15-___SCC Measure AA Levy_Amend Rate 1 RESOLUTION NO. 15-___ A RESOLUTION OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING THE 2015-16 TAX RATE ON VOTER APPROVED GENERAL OBLIGATION BONDS ______________________________________________________________________________ WHEREAS, on July 22, 2015 the Board of Directors of the Midpeninsula Regional Open Space District (the “District”) adopted Resolution No. 15-33, attached hereto and incorporated herein as Exhibit “A”, establishing the tax rate necessary to pay the principal and interest on the Bonds coming due and payable on March 1, 2016 and September 1, 2016 as $0.0011 per $100 of assessed valuation in each of the County of San Mateo, the County of Santa Clara and the County of Santa Cruz (each, a “County”; collectively, the “Counties”); and WHEREAS, the District successfully completed the sale of its voter approved General Obligation Bonds on July 29, 2015. Favorable market conditions have resulted in lower than expected debt service requirements which allow the District to amend the tax levy with a lower rate; and WHEREAS, the District wishes to amend Resolution No. 15-33 to establish a tax rate of $0.0008 per $100 of assessed valuation. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District, as follows: SECTION 1. Levy of Tax. The Board of Directors of the District hereby amends Resolution No. 15-33 to reflect the tax rate necessary to pay the principal and interest on the Bonds coming due and payable on March 1, 2016 and September 1, 2016 as $0.0008 per $100 of assessed valuation. Such tax rate shall be and is hereby levied in accordance with all applicable requirements of law. SECTION 2. Collection of Tax. The Controller is hereby directed to forward a copy of this Resolution to the Controller-Treasurer of the County of Santa Clara, and to the Board of Supervisors of the County, and to take such actions and execute such documents as may be required to cause the tax rate set forth in Section 1 to be placed on the 2015-2016 property tax bill and collected by each of the County. SECTION 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2015, at a Regular Meeting thereof, by the following vote: AYES: NOES: ABSTAIN: Attachment 2 ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Attachment 2 Exhibit A Exhibit A Resolutions/2015/15-___SCruz Measure AA Levy_Amend Rate 1 RESOLUTION NO. 15-___ A RESOLUTION OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING THE 2015-16 TAX RATE ON VOTER APPROVED GENERAL OBLIGATION BONDS ______________________________________________________________________________ WHEREAS, on July 22, 2015 the Board of Directors of the Midpeninsula Regional Open Space District (the “District”) adopted Resolution No. 15-35, attached hereto and incorporated herein as Exhibit “A”, establishing the tax rate necessary to pay the principal and interest on the Bonds coming due and payable on March 1, 2016 and September 1, 2016 as $0.0011 per $100 of assessed valuation in each of the County of San Mateo, the County of Santa Clara and the County of Santa Cruz (each, a “County”; collectively, the “Counties”); and WHEREAS, the District successfully completed the sale of its voter approved General Obligation Bonds on July 29, 2015. Favorable market conditions have resulted in lower than expected debt service requirements which allow the District to amend the tax levy with a lower rate; and WHEREAS, the District wishes to amend Resolution No. 15-35 to establish a tax rate of $0.0008 per $100 of assessed valuation. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District, as follows: SECTION 1. Levy of Tax. The Board of Directors of the District hereby amends Resolution No. 15-35 to reflect the tax rate necessary to pay the principal and interest on the Bonds coming due and payable on March 1, 2016 and September 1, 2016 as $0.0008 per $100 of assessed valuation. Such tax rate shall be and is hereby levied in accordance with all applicable requirements of law. SECTION 2. Collection of Tax. The Controller is hereby directed to forward a copy of this Resolution to the Auditor-Controller of the County of Santa Cruz, and to the Board of Supervisors of the County, and to take such actions and execute such documents as may be required to cause the tax rate set forth in Section 1 to be placed on the 2015-2016 property tax bill and collected by the County. SECTION 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2015, at a Regular Meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Resolutions/2015/15-___SCruz Measure AA Levy_Amend Rate 2 ATTEST: APPROVED: Secretary Board of Directors President Board of Directors APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Exhibit A Exhibit A