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HomeMy WebLinkAboutResolution No. 02-C0950 0 RESOLUTION N0. 02-C95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSADECLARING INTENTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2002-1 (MOUNTAIN COVE) OF THE CITY OF AZUSA WHEREAS, the City Council (the "City Council") of the City of Azusa (the "City") has heretofore conducted proceedings for the establishment of and has established Community Facilities District No. 2002-1 (Mountain Cove) of the City of Azusa, County of Los Angeles, State of California (the "Community Facilities District"), and the Community Facilities District has been authorized (i) to incur a bonded indebtedness in an amount not to exceed $25,000,000 for financing certain public facilities of the District and certain other school facilities and (ii) to levy special taxes within the Community Facilities District to pay debt service on such bonded indebtedness; and WHEREAS, it is necessary that certain parcels of property be annexed to the Community Facilities District in order that they may be developed and receive the benefit of the facilities which will be financed with the proceeds of the bonds of the Community Facilities District; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code, commonly know as the "Mello -Roos Community Facilities Act of 1982," to annex territory to the Community Facilities District by complying with the procedures set forth in said Article 3.5; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF AZUSA AS FOLLOWS: Section 1. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 for the annexation to the Community Facilities District of the territory described and shown on the Annexation Map (identified in Section 3 hereof). The City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District. Section 2. Name of District. The name of the existing Community Facilities District is Community Facilities District No. 2002-1 (Mountain Cove) of the City of Azusa, County of Los Angeles, State of California. Section 3. Description of Territory Proposed To Be Annexed Annexation Map. The territory in the existing Community Facilities District is described on the amended map of the boundaries of the Community Facilities District recorded on April 18, 2002 in Book 187 of Maps of Assessment and Community Facilities Districts, page 58, and as Instrument No. 02-0912367, of the official records of the County of Los Angeles. The territory proposed to be annexed to the Com- munity Facilities District is shown and described on the map thereof entitled "Annexation Map No. 1, Community Facilities District No. 2002-1 (Mountain Cove) of the City of Azusa, County of Los RVPUB\BJS\637835 0 0 Angeles, State of California," which is on file with the City Clerk of the City of Azusa (the "Annexation Map"). Section 4. Public Facilities. (a) The types of public facilities proposed to be provided for and financed by the proposed community facilities district are: (1) Water transmission, distribution and storage facilities, and sewer system facilities (2) Local park, recreation, and open space facilities and river bank protection and vegetation mitigation, (3) Street improvements, curb, gutter, sidewalks, bicycle trail, signage and street widening; (4) Relocation of dry utilities; (5) Public school facilities; and (b) The incidental expenses which will be incurred are: (i) the cost of planning and designing such facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the creation of the proposed community facilities district, issuance of the bonds thereof, the determination of the amount of and collection of taxes, and the payment of taxes, and costs otherwise incurred in order to carry out the authorized purposes of the community facilities district, and (iii) any other expenses incidental to the construction, completion, acquisition and inspection of such facilities. The Facilities, when constructed and acquired by the Community Facilities District with the proceeds of the sale of the bonds thereof, will be shared by the Community Facilities District and the territory proposed to be annexed thereto on an equal basis with all residents and landowners within the Community Facilities District, including the territory proposed to be annexed thereto, having equal access to the Facilities. Section 5. Special Taxes. Special taxes will be levied within the territory proposed to be annexed to the Community Facilities District to pay for all of the Facilities and to pay the principal of and interest on the bonds of the Community Facilities District and the annual administra- tive expenses of the District and the Community Facilities District in determining, apportioning, levying and collecting such special taxes, and in paying the principal of and interest on such bonds and the costs of registering, exchanging and transferring such bonds, secured by the recordation of a continuing lien against all taxable or nonexempt property in the Community Facilities District. The rates and method of apportionment of special taxes to be levied on parcels of taxable property in the territory proposed to be annexed to the Community Facilities District to pay the principal of and interest of the bonds of the Community Facilities District which may be issued RVPUB\WS\637835 -2 0 0 and sold to provide to the District the mitigation amount for such territory and to finance the design, construction and acquisition of the Facilities, and such other expenses and costs, shall be as set forth in Exhibit "A" attached hereto and by this reference made a part hereof. The maximum amounts of special taxes which may be levied in any year on parcels within the Community Facilities District which are used for private residential purposes ('Residential Parcels") are specified in dollar amounts in Exhibit "A" hereto. Special taxes shall not be levied on any Residential Parcels to pay the principal of and interest on outstanding bonds of the Community Facilities District after the tax or fiscal year beginning on July 1, 2041 and ending on June 30, 2042, and that fiscal year shall be the last tax year in which special taxes shall be levied on Residential Parcels for such purpose. Under no circumstance shall the special taxes levied on any Residential Parcel be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the Community Facilities District by more than 10 percent. The conditions under which the obligation to pay the special taxes may be prepaid and permanently satisfied are as set forth in Exhibit "A" hereto. Pursuant to Section 53340 of the California Government Code, said special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special taxes shall attach to all non-exempt real property in the territory proposed to be annexed to the Community Facilities District and that lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the special taxes ceases. Section 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the Board of Education adopts the Annexation Map as the map of the area proposed to be annexed to the Community Facilities District. Pursuant to Section 3111 of said Code, the City Clerk (the "Clerk") shall file the original of the Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of Los Angeles no later than 15 days prior to the date of the hearing specified in Section 7 hereof. Section 7. Hearing. A public hearing on the proposed annexation of said territory to the Community Facilities District shall be held at 7:30 p.m. on October 21, 2002 in the City Council Chambers located at 213 E. Foothill Boulevard, Azusa, California. Section 8. Notice. The Clerk shall publish a notice of the time and place of said hearing in the San Gabriel Valley Tribune and shall also give notice of the hearing by first class mail to each registered voter and landowner within the territory proposed to be annexed to the Community Facilities District as prescribed by Section 53339.4 of the Government Code. Said notice shall be RVPUB\BJS\637835 -3 0 0 published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing and shall contain the information required by said Section 53339.4. Section 9. Description of Voting Procedure. The voting procedures to be followed in conducting the special election on the proposition with respect to the levy of special taxes on the land within the territory proposed to annexed to the Community Facilities District to pay the pfincipal of and interest on the bonds thereof shall be as follows: (a) If at the time of the close of the public or protest healing (hereinafter referred to as the "protest healing") at least 12 persons are registered to vote within the territory proposed to be annexed to the Community Facilities District, the election shall be conducted by the Registrar of Voters of the County of Los Angeles, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the Government Code and pursuant to the applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to said Section 53326 the ballots for the election shall be distfibuted to the qualified electors of the territory proposed to be annexed to the Community Facilities District by mail with return postage prepaid and the election shall be conducted as a mail ballot election. (b) If at the time of the close of the protest healing, and for at least the preceding 90 days, less than 12 persons have been registered to vote within the territory proposed to be annexed to the Community Facilities District, and pursuant to Section 53326 of the Government Code, the vote is therefore to be by the landowners of that territory, with each landowner of record at the close of the protest healing having one vote for each acre or portion of an acre of land that he or she owns, the election shall be conducted by the City Clerk as follows: (1) The election shall be held on the earliest date following the conclusion of the protest hearing upon which it can be held pursuant to Section 53326 of the Government Code which may be selected by the City Council, or such earlier date as the owners of land within the territory proposed to be annexed to the Community Facilities District and the Clerk agree and concur is acceptable. (2) Pursuant to said Section 53326, the election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the territory proposed to be annexed to the Community Facilities District waive the time limits for conducting the election set forth in said Section 53326 by unanimous written consent and the Clerk concurs in such earlier election date as shall be consented to by the qualified electors. (3) Pursuant to said Section 53326, ballots for the election shall be distributed to the qualified electors by the Clerk by mail with return postage prepaid or by personal service. (4) Pursuant to applicable provisions of law regulating elections of the Distfict which govern the conduct of mail ballot elections, and Division 4 (commencing with Section 4000) of the Elections Code with respect to elections conducted by mail, the Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the R%TUBU3J5k637835 _4 0 0 resolution calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, and 9295 of said Code, a return identification envelope with prepaid postage thereon addressed to the Clerk for the return of voted official ballots, and a copy of the resolution adopted by the City Council calling and scheduling the election and the exhibits thereto; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners of the territory proposed to be annexed to the Community Facilities District and shall be so stated in the resolution adopted by the City Council calling the election. (5) The official ballot to be mailed or delivered by the Clerk to each landowner -voter shall have printed or typed thereon the name of the landowner -voter and the number of votes to be voted by the landowner -voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner -voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner -voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner -voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner -voter, to vote all votes to which the landowner -voter is entitled based on its land owner- ship on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner -voter's land ownership within the territory proposed to be annexed to the Community Facilities District. (6) The return identification envelope to be mailed or delivered by the Clerk to each landowner -voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the Clerk. (7) The information -to -voter form to be mailed or delivered by the Clerk to the landowner -voters shall inform them that the official ballots shall be returned to the Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by the hour on the date of the election that is specified by the City Council for the receipt of ballots, provided that the election shall be closed before such hour if the Clerk determines that all of the qualified voters have voted. (8) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the Clerk shall canvass the votes cast in the RVPUB�BM637835 -5 0 0 election, and shall file a statement with the City Council regarding the results of such canvass and the election. The procedures set forth in this section for conducting the election may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council. PASSED, APPROVED AND ADOPTED t�s 16ih day of September, 2002. Mayor ATTEST: Vera Mendoza`/� City Clerk RVPUB\B3S\637835 _6 0 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) CITY OF AZUSA ) I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing Resolution No. 02-C95 was duly introduced and adopted at a regular meeting of the City Council of the City of Azusa held on the 16th day of September, 2002, by the following vote of the Council: AYES: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID NOES: NONE ABSENT: NONE ABSTAINED: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Azusa this 16 day of September, 2002. Vera Mendoza City Clerk n RVPGB\BJS%37835 _7