HomeMy WebLinkAboutCC RES 18-22RESOLUTION NO. 18-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, CALLING A SPECIAL ELECTION
FOR THE PURPOSE OF APPROVING A SPECIAL TAX IN
IMPROVEMENT AREA NO. 1 OF CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT 2018-01 (PUBLIC
SERVICES) AND ESTABLISHMENT OF AN
APPROPRIATIONS LIMIT
WHEREAS, on this date, this City Council adopted Resolution No. 18-20 entitled
"A Resolution of the City Council of the City of Tustin Authorizing Formation of City of
Tustin Community Facilities District No. 2018-01 (Public Services), Designating
Improvement Area No. 1 Therein, and Authorizing the Levy of a Special Tax Within Said
Improvement Area" (the "Resolution of Formation"), ordering the formation of City of
Tustin Community Facilities District No. 2018-01 (Public Services) (the "CFD"),
designating Improvement Area No. 1 (the "Improvement Area"), authorizing the levy of a
special tax on property within the Improvement Area of the CFD and preliminarily
establishing an appropriations limit for the Improvement Area of the CFD; and
WHEREAS, a copy of the Resolution of Formation is on file with the City Clerk and
incorporated herein by reference; and
WHEREAS, pursuant to the Resolution of Formation, the proposition of the levy of
a special tax within the Improvement Area of the CFD shall be submitted to the qualified
electors of such Improvement Area at a special election as required by the Act; and
WHEREAS, because the boundaries of the CFD and Improvement Area therein
currently include parcels of land owned by the City that will be subject to the Special Tax
pursuant to Government Code Section 53340.1, the City will be the only landowner
qualified to cast a ballot as an elector at said special election pursuant to Government
Code Section 53326. Prior to adoption of the Resolution of Formation, the City submitted
a ballot, voting in favor of the proposition identified on the ballot.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Tustin
hereby finds, determines, resolves, and orders as follows:
Section 1. Pursuant to the Act, the proposition to levy special taxes on property within the
Improvement Area of the CFD in accordance with the rate and method of apportionment
of special tax specified in the Resolution of Formation ("Proposition") shall be submitted
to the qualified electors of the Improvement Area. The form of the Proposition is attached
as Exhibit "A."
Section 2. This City Council hereby finds that fewer than 12 persons have been registered
to vote within the territory of the Improvement Area of the CFD for each of the ninety (90)
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days preceding the close of the public hearing heretofore conducted and concluded by
this City Council for the purposes of these proceedings. Accordingly, pursuant to the Act,
this City Council finds that for purposes of these proceedings the qualified electors are
the landowners within the Improvement Area of the CFD and that the vote shall be by
said landowners or their authorized representatives, each having one vote for each acre
or portion thereof such landowner owns in the Improvement Area of the CFD as of the
close of said public hearing.
Section 3. This City Council hereby calls a special election to consider the Proposition,
which election shall be held in the City Council chambers immediately following adoption
of this Resolution. The City Clerk (the Clerk) is hereby designated as the official to conduct
said election. It is hereby acknowledged that the Clerk has on file the Resolution of
Formation, a certified map of the proposed boundaries of the Improvement Area of the
CFD, and a sufficient description to allow the Clerk to determine the boundaries of the
Improvement Area of the CFD. The voted ballots shall be returned to the Clerk
immediately following the adoption of this Resolution.
Section 4. This City Council hereby further finds that a provision of Section 53326 of the
Act requiring a minimum of 90 days following the adoption of the Resolution of Formation
to elapse -before said special election is for the _protection of the qualified electors of the
Improvement Area of the CFD. A written waiver executed by all of the qualified electors
of the Improvement Area of the CFD approving a shortening of the time for said special
election to expedite the process of formation of the Improvement Area of the CFD and
waiving any requirements for analysis and arguments in connection with the election has
been received. Accordingly, this City Council finds and determines that said qualified
electors have been fully apprised of and have agreed to the shortened time for the election
and waiver of analysis and arguments and have thereby been fully protected in these
proceedings. This City Council also finds and determines that the Clerk has concurred in
the shortened time for the election.
Section 5. Pursuant to the Act, the election shall be conducted by hand -delivered ballot.
Section 6. This City Council acknowledges that the Clerk has caused to be delivered to
each of the qualified electors of the Improvement Area of the CFD a ballot in the form set
forth_ in_Exhibit_"A" hereto. Each ballot_ indicates_ the number of votes to be cast by the
respective landowner to which it pertains. Each ballot was accompanied by all supplies
and written instructions necessary for the use and return of the ballot. The envelope to be
used to return the ballot was enclosed with the ballot, had the return postage prepaid,
and contained the following: (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 authorized
representative of the landowner entitled to vote and is the person whose name appears
on the envelope, (c) the printed name, signature and address of the voter, (d) the date of
signing and place of execution of the declaration pursuant to clause (b) above, and (e) a
notice that the envelope contains an official ballot and is to be opened only by the
canvassingofficial. Analysis and arguments and publication of notice of the election with
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respect to the ballot measures are hereby waived, as provided in Section 53327 of the
Act.
Section 7. The Clerk shall accept the ballots of the qualified electors in the meeting room
of the Council Chambers upon and prior to the adoption of this Resolution, whether said
ballots be personally delivered or received by mail. The Clerk shall have available ballots
which may be marked at said location on the election day by said qualified electors.
Section 8. The Clerk is hereby directed to cause to have published in a newspaper of
general circulation circulating within the Improvement Area of the CFD a copy of this
Resolution, as soon as possible after the date of adoption of this Resolution.
Section 9. This Resolution shall take effect immediately upon its adoption.
Section 10. The City Clerk shall certify to the passage and adoption of this resolution and
enter it into the book of original resolutions.
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APPROVED and ADOPTED at a meeting of the City Council of the City of Tustin
on April 17, 2018.
ATTEST:
ERItA N. RABE,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Erica N. Rabe, 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. 18-22 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day
of April, 2018 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COU NC:ILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. RABE,
City Clerk
Murray Gomez, Puckett, Bernstein, Clark (5)
(0)
(0)
(0)
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