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HomeMy WebLinkAboutCC RES 08-70RESOLUTION NO. 08-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALLING SPECIAL ELECTION REGARDING ANNEXATION OF TERRITORY TO CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) WHEREAS, the City Council (the "City Council") of the City of Tustin (the "City")has conducted proceedings under the Mello-Roos Community Facilities Act of 1982 (the "Act") to establish City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) (the "Community Facilities District"), to authorize the levy of special taxes (the "Special Taxes")upon the land within the Community Facilities District and to issue bonds secured by the Special Taxes, the proceeds of which are to be used to finance certain public facilities; WHEREAS, on September 2, 2008, the City Council adopted a resolution entitled "A Resolution of the City Council of the City of Tustin of Intention to Annex Territory to City of Tustin Communities Facilities District No. 06-1 (Tustin Legacy/Columbus Villages)" (the "Resolution of Intention to Annex Territory"), proposing the annexation of certain additional territory described in the Resolution of Intention to Annex Territory (the "Additional Territory") to the Community Facilities District; WHEREAS, on this date, the City Council held a noticed public hearing on the proposed annexation of the Additional Territory to the Community Facilities District, as required by the Act and the Resolution of Intention to Annex Territory; WHEREAS, at the hearing, the testimony of all interested persons for or against the proposed annexation of the Additional Territory to the Community Facilities District or the levying of Special Taxes within the Additional Territory proposed to be annexed was heard; WHEREAS, less than 50 percent of the registered voters, or six registered voters, whichever is more, residing within the Community Facilities District, or 50 percent of the registered voters or six registered voters, whichever is more, residing within the Additional Territory, or the owners of one-half of the area of land in the territory included in the Community Facilities District and not exempt from the Special Tax, or the owners of one- half of the area of land in the Additional Territory and not exempt from the Special Tax, filed written protests against the proposed annexation of the Additional Territory to the Community Facilities District; and WHEREAS, pursuant to Section 53339.7 of the Act, the proposition to levy the Special Taxes within the Additional Territory proposed to be annexed to the Community Facilities District is to be submitted to the qualified electors of the Additional Territory; Resolution No. 08-70 Page 1 of 6 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin as follows: Section 1. The foregoing recitals are true and correct. Section 2. Pursuant to Section 53339.7 and Sections 53318 et seq. of the Act, the proposition to levy the Special Taxes within the Additional Territory proposed to be annexed to the Community Facilities District shall be submitted to the qualified electors of the Additional Territory at an election called therefore as provided below. Section 3. The City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the Additional Territory for each of the 90 days preceding the close of the public hearing heretofore held by the City Council for the purposes of these proceedings. Accordingly, pursuant to Sections 53326 and 53339.7 of the Act, the vote shall be by the landowners of the Additional Territory and each person who is the owner of land as of the close of said public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Additional Territory and not exempt from the Special Tax. Section 4. The City Council hereby determines that the facilities or services financed by the Community Facilities District and the Additional Territory are necessary to meet increased demands placed upon local agencies as a result of development or rehabilitation occurring in the Community Facilities District and the Additional Territory. Section 5. Pursuant to Section 53339.7 and Sections 53318 et seq. of the Act, the City Council hereby calls and orders an election to be held within the boundaries of the Additional Territory proposed to be annexed to the Community Facilities District for the purpose of submitting to the qualified electors of the Additional Territory the proposition to levy the Special Taxes within the Additional Territory proposed to be annexed to the Community Facilities District, which election shall be held at 300 Centennial Way, Tustin, California, on October 7, 2008. The City Clerk of the City (the "City Clerk") is hereby designated as the official to conduct said election. The City Council has caused to be provided to the City Clerk the Resolution of Intention to Annex Territory, a certified map of sufficient scale and clarity to show the boundaries of the Additional Territory, and a sufficient description to allow the Clerk to determine the boundaries of the Additional Territory. The voted ballots shall be returned to the City Clerk not later than 7:00 p.m. on October 7, 2008; provided, however, that if all of the qualified electors have voted prior to such time, the election may be closed with the concurrence of the City Clerk. Section 6. Pursuant to Section 53339.8 of the Act, the above proposition shall become effective upon the affirmative vote of two-thirds of the votes cast upon the proposition. Resolution No. 08-70 Page 2 of 6 Section 7. Pursuant to Sections 53326, 53327 and 53339.7 of the Act, the election shall be conducted by mail or hand-delivered ballot pursuant to Section 4000 of the California Elections Code. The City Council hereby finds that paragraphs (a), (b), (c)(1) and (c)(3) of said Section 4000 are applicable to this special election. Section 8. The form of the ballot for said election is attached hereto as Exhibit A and by this reference incorporated herein, and such form of ballot is hereby approved. The Clerk shall cause to be delivered to each of the qualified electors of the Additional Territory a ballot in said form. Each ballot shall indicate the number of votes to be voted by the respective landowner to which it pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The identification envelope for return of the ballot shall be enclosed with the ballot, shall have the return postage prepaid, and shall contain: (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 the authorized representative of the landowner entitled to vote and is the person whose name appears on the identification envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration described in clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot proposition are hereby waived, as provided in Sections 53327 and 53339.7 of the Act. Section 9. The City Clerk shall accept the ballots of the qualified electors in the City Clerk's office at 300 Centennial Way, Tustin, California, to and including 7:00 p.m. on October 7, 2008, 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. Section 10. The City Council hereby finds that the provision of Section 53326 of the Act requiring the special election to be held at least 90 days following the adoption of the Resolution of Intention to Annex Territory is for the protection of the qualified electors of the Additional Territory. There is on file with the City Clerk written consents and waivers executed by all of the qualified electors of the Additional Territory consenting to a shortening of the time for said special election to expedite the process of the annexation of the Additional Territory and waiving any requirement for analysis and arguments in connection with the election. Accordingly, the City Council finds and determines that said qualified electors have been fully apprised of and have consented to the shortened time for the election and waiver of analysis and arguments, and have thereby been fully protected in these proceedings. The City Council also finds and determines that the City Clerk has concurred in the shortened time for the election. Resolution No. 08-70 Page 3 of 6 Section 11. The officers of the City are hereby authorized and directed, individually and collectively, to do any and all things that they deem necessary or advisable in order to effectuate the purposes of this Resolution. 2008 Section 12. This Resolution shall take effect immediately upon its adoption. APPROVED and ADOPTED by the City Council of the City of Tustin on October 7, PA LA STOKER, City Clerk Resolution No. 08-70 Page 4 of 6 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 08-70 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of October, 2008, by the following vote: COUNCILMEMBER AYES: Amante. Davert. Bone, Kawashima, Palmer (5) COUNCILMEMBER NOESti None (0) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT: None (0) PAMELA STOK City Clerk Resolution No. 08-70 Page 5 of 6 EXHIBIT A OFFICIAL BALLOT CITY OF TUSTIN October 7, 2008 SPECIAL ELECTION ballot is This ballot is for a special, landowner election. The number of votes to be voted pursuant to this INSTRUCTIONS TO VOTERS: To vote on the measure, mark a cross (+) or (X) in the voting square after the word "YES" or after the word "NO". All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Tustin and obtain another. CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT N0.06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) MEASURE SUBMITTED TO VOTE OF VOTERS: Shall the City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) (the "Community Facilities District") be authorized to levy a special tax within the boundaries of the additional temtory proposed to be annexed to the Community Facilities District in order to finance certain facilities and services, all as specified in the Resolution entitled "A Resolution of City Council of the City of Tustin of Intention to Annex Territory to City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages)," adopted by the City Council of the City of Tustin on September 2, 2008, and the Resolution entitled "A Resolution of the City Council of the City of Tustin Calling Special Election Regarding Annexation of Territory to City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages)," adopted by the City Council of the City of Tustin on October 7, 2008? Yes: ^ No: ^ OHS West:260516603.2 Resolution No. 08-70 Page 6 of 6