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HomeMy WebLinkAboutResolution No. 06-C0410 0 RESOLUTION NO. 06-C41 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CALLING SPECIAL ELECTIONS AND SUBMITTING TO THE VOTERS OF COMMUNITY FACILITIES DISTRICT NO. 2005-1 (ROSEDALE) AND IMPROVEMENT AREA NOS. 1 AND 2 THEREOF PROPOSITIONS WITH RESPECT TO THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT TO PAY PRINCIPAL OF AND INTEREST ON BONDS THEREOF AND TO PAY OR ACCUMULATE FUNDS FOR PAYING THE COSTS OF PUBLIC FACILITIES AND SERVICES, AND A PROPOSITION WITH RESPECT TO ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE COMMUNITY FACILITIES DISTRICT WHEREAS, pursuant to Section 53325.1 of the California Government Code the City Council (the "City Council") of the City of Azusa (the "City") has adopted Resolution No. 06-C23, the resolution of formation of Community Facilities District No. 2005-1 (Rosedale) of City of Azusa, County of Los Angeles, State of California (the "District'), establishing the District and Improvement Area No. 1 and Improvement Area No. 2 (each individually an "Improvement Area" and collectively the "Improvement Areas") and the boundaries thereof (the "Resolution of Formation"); and WHEREAS, pursuant to Section 53351 of the California Government Code, the City Council has also adopted Resolution No. 06-C24 determining that it is necessary that the District incur a bonded indebtedness in an amount not to exceed $110,000,000 within the District, $80,000,000 within Improvement Area No. 1 and $30,000,000 within Improvement Area No. 2, for the purpose of financing the construction, acquisition, furnishing and equipping of public facilities to be owned by the City of Azusa, Azusa Unified School District, the Los Angeles to Pasadena Metro Blue Line Construction Authority, and the City of Glendora, and certain other services to be provided by the City of Azusa for police maintenance, fire protection and suppression, park, parkway and open space maintenance, and other services and incidental expenses for the District and Improvement Area No. I and Improvement Area No. 2 thereof; and WHEREAS, by Resolution No.06-CAI the City Council called special elections on the propositions to be submitted to the voters of each Improvement Area incurring a bonded indebtedness for the financing of such public facilities for the Improvement Areas; and WHEREAS, pursuant to Sections 53326 and 53350 of the California Government Code, it is necessary that the City Council also submit to the voters of each Improvement Area the proposition relating to the annual levy of special taxes on the property within the respective Improvement Area to pay for certain public services and to pay the principal of and interest on the bonds of such Improvement Area which may be issued and sold to finance the design, construction and acquisition of the public facilities for the Improvement Area, if such bonds are authorized and issued, or to pay or accumulate funds for paying the costs of public facilities; and RVPUBTSKINNERV 13620.1 0 0 WHEREAS, pursuant to Section 53325.7 of the California Government Code, the City Council may also submit to the voters of the District a proposition with respect to establishing an appropriations limit for the District; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF CITY OF AZUSA AS FOLLOWS: Section 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory of the District for each of the 90 days preceding the close of the public hearing on June 5, 2006; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special elections called by this resolution shall be by the landowners of the District and the Improvement Areas whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the District which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) the owners of property in the District have by written consent (a) waived the time limits set forth in Section 53326 of the California Government Code for holding the elections called by this resolution and the elections on the propositions of the District incurring a bonded indebtedness, which pursuant to Section 4 hereof are consolidated with the elections called hereby, (b) consented to the holding of the consolidated special elections on June 5, 2006 (the "Consolidated Special Elections"), (c) waived notice and mailed notice of the time and date of the Consolidated Special Elections and (d) waived an impartial analysis by the city attorney of the City of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, of that Code, and mailing of a statement pursuant to Section 9401 of that Code; and (v) the City Clerk of the City of Azusa (the "City Clerk") has consented to the holding of the Consolidated Special Elections on June 5, 2006. Section 2. Call of Elections. The City Council hereby calls and schedules special elections for June 5, 2006 within and for the Community Facilities District and within and for Improvement Area No. 1 and Improvement Area No. 2 on (i) the proposition of the District to incur a bonded indebtedness in an amount not to exceed $80,000,000 within Improvement Area No. 1 and in an aggregate principal amount within the District not to exceed $110,000,000 (ii) the proposition of the District to incur a bonded indebtedness in an amount not to exceed $30,000,000 within Improvement Area No. 2 and in an aggregate principal amount within the District not to exceed $110,000,000, (iii) the proposition with respect to the levy of special taxes on the land within Improvement Area No. 1 of the District to pay the principal of and interest on the bonds thereof to finance the Facilities and the levy of special taxes to pay for the Services, (iv) the proposition with respect to the levy of special taxes on the land within Improvement Area No. 2 of the District to pay the principal of and interest on the bonds thereof to finance the Facilities and the levy of special taxes to pay for the Services, (v) the proposition with respect to the establishment of an appropriations limit for Improvement Area No. 1 in the amount of $15,000,000, and (vi) the proposition with respect to the establishment of an appropriations limit for Improvement Area No. 2 in the amount of $15,000,000, if the District is established and such Consolidated Special Elections are held, shall be as follows: RVPUB\13SKWNER\713620.1 -2- (a) If at least twelve (12) persons have been registered to vote within the territory of either Improvement Area for each of the ninety (90) days preceding the close of the public or protest hearing (the "protest hearing"), the vote in the Consolidated Special Elections shall be by the registered voters of the applicable Improvement Area with each voter having one vote. In that event, the Consolidated Special Elections shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the ballots for the Consolidated Special Elections shall be distributed to the qualified electors of the applicable Improvement Area by mail with return postage prepaid or by personal service, and the Consolidated Special Elections shall be conducted as a mail ballot election; and (b) If twelve (12) persons have not been registered to vote within the territory of an Improvement Area for each of the ninety (90) days preceding the close of the protest hearing, and pursuant to Section 53326 of the California Government Code, the vote is therefore to be by the landowners of the applicable Improvement Area with each landowner within the Improvement Area of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns within the Improvement Area the Consolidated Special Elections shall be conducted by the City Clerk pursuant to Section 53326 of the California Government Code. Section 3. Propositions. (a) The propositions to be submitted to the voters of Improvement Area No. 1 at such special elections shall be as follows: Proposition A: Shall a bonded indebtedness in an aggregate principal amount not to exceed $80,000,000 be incurred by Improvement Area No. 1 of the Community Facilities District No. 2005-1 (Rosedale) of the City of Azusa, County of Los Angeles, State of California (the "District') and an aggregate principal amount of $110,000,000 within the District, for a maximum term of not more than 40 years and with interest at a rate or rates not to exceed the maximum interest rate permitted by law, for the purpose of financing for Improvement Area No. 1 of that community facilities district the acquisition, furnishing and equipping of public facilities to be owned by the City of Azusa, Azusa Unified School District, the Los Angeles to Pasadena Metro Blue Line Construction Authority, and the City of Glendora, as provided in Exhibit `B" to the resolution of formation adopted by the City Council of the City of Azusa on June 5, 2006 (the "Resolution of Formation")? RVI'MBSKINNERM3620.1 -3- 0 0 Proposition B: Shall special taxes be levied annually on taxable property within Improvement Area No. 1 of Community Facilities District No. 2005-1 (Rosedale) of the City of Azusa, County of Los Angeles, State of California, to pay for certain public services described the Resolution of Formation and to pay the principal of and interest on the bonds of the District which may be issued and sold to finance for such improvement area the public facilities described in Proposition A of this ballot, to replenish the reserve fund for the bonds, or to accumulate funds for future bond payments, including any amount required by federal law to be rebated to the United States with regard to the bonds, to pay or accumulate funds for paying the costs of the design, construction and acquisition of such facilities, and to pay expenses incidental thereto and to the levy and collection of the special taxes, so long as the special taxes are needed to pay the principal of and interest on the bonds and for such other purposes, at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit "C" to the Resolution of Formation? Proposition C: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Improvement Area No. 1 of Community Facilities District No. 2005-1 (Rosedale) of the City of Azusa, County of Los Angeles, State of California, in the amount of $15,000,000? (b) The propositions to be submitted to the voters of Improvement Area No. 2 at such special elections shall be as follows: Proposition A: Shall a bonded indebtedness in an aggregate principal amount not to exceed $30,000,000 be incurred by Community Facilities District No. 2005-1 (Rosedale) of the City of Azusa, County of Los Angeles, State of California (the "District') and an aggregate principal amount of $110,000,000 within the District, for a maximum term of not more than 40 years and with interest at a rate or rates not to exceed the maximum interest rate permitted by law, for the purpose of financing for Improvement Area No. 2 of that community facilities district the acquisition, firimishing and equipping of public facilities to be owned by the City of Azusa, Azusa Unified School District, the Los Angeles to Pasadena Metro Blue Line Construction Authority, and the City of Glendora, as provided in Exhibit "B" to the resolution of formation adopted by the City Council of the City of Azusa on June 5, 2006 (the "Resolution of Formation")? RVPUB\BSKINNER\713620.1 -4- 0 0 Proposition B: Shall special taxes be levied annually on taxable property within Improvement Area No. 2 of Community Facilities District No. 2005-1 (Rosedale) of the City of Azusa, County of Los Angeles, State of California (the "District'), to pay for certain public services described in the Resolution of Formation and to pay the principal of and interest on the bonds of the community facilities district which may be issued and sold to finance for such improvement area the construction and acquisition of the public facilities described in Proposition B of this ballot, to replenish the reserve fund for the bonds, or to accumulate funds for future bond payments, including any amount required by federal law to be rebated to the United States with regard to the bonds, to pay or accumulate funds for paying the costs of the design, construction and acquisition of such facilities, and to pay expenses incidental thereto and to the levy and collection of the special taxes, so long as the special taxes are needed to pay the principal of and interest on the bonds and for such other purposes, at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit "C" to the Resolution of Formation? Proposition C: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Improvement Area No. 2 of the District, in the amount of $15,000,000? Section 4. Consolidation of Elections. The special elections called hereby on the propositions to be submitted to the voters of the District and of the Improvement Areas, as set forth in Section 3 hereof, shall be consolidated with the elections on the propositions regarding the District incurring bonded indebtedness. The ballots for said consolidated elections shall be in the form attached hereto as Exhibit "A." Section 5. Conduct of Election. Except as otherwise provided in Section 6 hereof, the Consolidated Special Elections shall be conducted by the City Clerk (the "City Clerk") in accordance with the provisions of the California Elections Code governing mail ballot elections of community services districts, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable. Section 6. Election Procedures. The procedures to be followed in conducting the Consolidated Special Elections on (i) the proposition of the District to incur a bonded indebtedness within the District in an amount not to exceed $80,000,000 and within Improvement Area No. 1 and in an aggregate principal amount within the District not to exceed $110,000,000 (ii) the proposition of the District to incur a bonded indebtedness in an amount not to exceed $30,000,000 within Improvement Area No. 2 and in an aggregate principal amount within the District not to exceed $110,000,000, (iii) the proposition with respect to the levy of special taxes on the land within Improvement Area No. 1 of the District to pay the principal of and interest on the bonds thereof to finance the Facilities and the special taxes to pay for the Facilities and Services, (iv) the proposition with respect to the levy of special taxes on the land RVPUB\BSKINNER\713620.1 -5- within Improvement Area No. 2 of the District to pay the principal of and interest on the bonds thereof to finance the Facilities and the levy of special taxes to pay for the Facilities and Services, (v) the proposition with respect to the establishment of an appropriations limit for Improvement Area No. 1 in the amount of $15,000,000, and (vi) the proposition with respect to the establishment of an appropriations limit for Improvement Area No. 2 in the amount of $15,000,000, if the District is established and such Consolidated Special Elections (the "Consolidated Special Elections") are held, shall be as follows: (a) Pursuant to Section 53326 of the California Government Code, ballots for the Consolidated Special Elections shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service. (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of community facilities districts, and in particular Division 4 (commencing with Section 4000) of that Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in the appropriate form attached hereto as Exhibit "A," 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 return identification envelope with prepaid postage thereon addressed to the City Clerk for the returning voted official ballots, and a copy of the Resolution of Formation. (c) The official ballot to be mailed or delivered by the City 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 ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner -voter's land ownership within the District. (d) The return identification envelope to be mailed or delivered by the City 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 the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The information to voter form to be mailed or delivered by the City Clerk to the landowner -voters shall inform them that the official ballots shall be returned to the City 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 RVPUB\13SKINNER\713620.1 -6- 0 0 thereon completed and signed and all other information to be inserted thereon properly inserted by the close of the public hearing on the date of the Consolidated Special Elections; provided that the elections shall be closed before such hour if the City Clerk determines that all of the qualified voters have voted. (f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the Consolidated Special Elections, the City Clerk shall canvass the votes cast in the Consolidated Special Elections, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot. Section 7. . Accountability Measures. Pursuant to Section 53410 of the California Government Code, if the landowner voters approve the propositions contained in the Proposition A and Proposition B of the Official Ballots for the Consolidated Special Elections, which are attached hereto as Exhibit "A," with respect to the District incurring bonded indebtedness for the purposes for which such indebtedness is to be incurred and bonds of the District are to be issued (the "Bond Propositions"), the incurring of such bonded indebtedness and the issuance of bonds of the District shall be subject to the following accountability iJJI�I%>;Yiiiyl (a) The Bond Propositions shall identify the specific purposes for which the bonds are to be issued; (b) The proceeds of the bonds shall be applied only for the specific purposes identified in the Bond Propositions; (c) An account or accounts shall be created pursuant to the fiscal agent agreement for such bonds into which the proceeds of the sale of such bonds shall be deposited; and (d) The chief financial officer of the District shall file a report with the City Council no later than January 2 of the calendar year beginning after the year in which the bonds are issued and annually thereafter, which shall contain the information required by Section 53411 of the California Government Code. The City Council finds that the Bond Propositions, as set forth in the Official Ballots attached hereto as Exhibit "A," identify the specific purposes for which the District will incur bonded indebtedness and issue bonds. PASSED, APPROVED AND ADOPTED this 5th day of June, 2006. t , ,✓L Ct- Di e C agnon, ayor ATTES Vera Mendoza, City Clerk A- 1 -7- 0 CERTIFICATION 171 1, Vera Mendoza, City Clerk of the City of Azusa do hereby certify that the foregoing resolution no. 06-C41 was adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 5th day of June, 2006, by the following vote of the Council: AYES: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: NONE ABSENT: NONE 0:33 r\ IZI911A►111"L IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Azusa this 5a' day of June, 2006. Vera Mendoza, (SEAL) R V PUB\BSKINNER\713620.1 0 EXHIBIT "A" OFFICIAL BALLOT CONSOLIDATED SPECIAL ELECTIONS FOR IMPROVEMENT AREA NO. 1 OF COMMUNITY FACILITIES DISTRICT NO. 2005-1 (ROSEDALE) OF THE CITY OF AZUSA COUNTY OF LOS ANGELES STATE OF CALIFORNIA June 5. 2006 To vote, mark a cross (+) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Azusa and obtain another. Proposition A: Shall a bonded indebtedness in an aggregate principal amount not to exceed $80,000,000 be incurred by Improvement Area No. 1 of Community Facilities District No. 2005-1 (Rosedale) of the City of Azusa, County of Los Angeles, State of California (the "District') and an aggregate principal amount of $110,000,000 within the District, for a maximum term of not more than 40 years and with interest at a rate or rates not to exceed the maximum interest rate permitted by law, for the purpose of financing for Improvement Area No. 1 of that community facilities district the acquisition, furnishing and equipping of public facilities to be owned by the City of Azusa, Azusa Unified School District, the Los Angeles to Pasadena Metro Blue Line Construction Authority, and the City of Glendora, as provided in Exhibit `B" to the resolution of formation adopted by the City Council of the City of Azusa on June 5, 2006 (the "Resolution of Formation")? RVPUB\BSKINNER\7 t 3620. t A-1 YES NO 0 Proposition B: Shall special taxes be levied annually on taxable property within Improvement Area No. 1 of Community Facilities District No. 2005-1 (Rosedale) of the City of Azusa, County of Los Angeles, State of California, to pay for certain public services described the Resolution of Formation and to pay the principal of and interest on the bonds of the District which may be issued and sold to finance for such improvement area the public facilities described in Proposition A of this ballot, to replenish the reserve fund for the bonds, or to accumulate funds for future bond payments, including any amount required by federal law to be rebated to the United States with regard to the bonds, to pay or accumulate funds for paying the costs of the design, construction and acquisition of such facilities, and to pay expenses incidental thereto and to the levy and collection of the special taxes, so long as the special taxes are needed to pay the principal of and interest on the bonds and for such other purposes, at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit "C" to the Resolution of Formation? Proposition C: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Improvement Area No. 1 of Community Facilities District No. 2005-1 (Rosedale) of the City of Azusa, County of Los Angeles, State of California, in the amount of $15,000,000? 0 YES NO �C PROPOSITION A AND PROPOSITION B ARE SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTION 53410 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. RVPUB\BSKINNER\713620.1 A-2 9 OFFICIAL BALLOT L] CONSOLIDATED SPECIAL ELECTIONS FOR IMPROVEMENT AREA NO. 2 OF COMMUNITY FACILITIES DISTRICT NO. 2005-1 (ROSEDALE) OF THE CITY OF AZUSA COUNTY OF LOS ANGELES STATE OF CALIFORNIA June 5, 2006 To vote, mark a cross (+) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Azusa and obtain another. Pr000sition A: Shall a bonded indebtedness in an aggregate principal amount not to exceed $30,000,000 be incurred by Community Facilities District No. 2005-1 (Rosedale) of the City of Azusa, County of Los Angeles, State of California (the "District") and an aggregate principal amount of $110,000,000 within the District, for a maximum term of not more than 40 years and with interest at a rate or rates not to exceed the maximum interest rate permitted by law, for the purpose of financing for Improvement Area No. 2 of that community facilities district the acquisition, furnishing and equipping of public facilities to be owned by the City of Azusa, Azusa Unified School District, the Los Angeles to Pasadena Metro Blue Line Construction Authority, and the City of Glendora, as provided in Exhibit `B" to the resolution of formation adopted by the City Council of the City of Azusa on June 5, 2006 (the "Resolution of Formation")? RVPUB\BSK NNER\713620.1 A-3 YES NO 0 Proposition B: Shall special taxes be levied annually on taxable property within Improvement Area No. 2 of Community Facilities District No. 2005-1 (Rosedale) of the City of Azusa, County of YES Los Angeles, State of California (the "District'), to pay for certain public services described in the Resolution of Formation and to NO pay the principal of and interest on the bonds of the community facilities district which may be issued and sold to finance for such improvement area the construction and acquisition of the public facilities described in Proposition B of this ballot, to replenish the reserve fund for the bonds, or to accumulate funds for future bond payments, including any amount required by federal law to be rebated to the United States with regard to the bonds, to pay or accumulate funds for paying the costs of the design, construction and acquisition of such facilities, and to pay expenses incidental thereto and to the levy and collection of the special taxes, so long as the special taxes are needed to pay the principal of and interest on the bonds and for such other purposes, at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit "C" to the Resolution of Formation? Proposition C: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California YES Constitution, be established for Improvement Area No. 2 of the NO District, in the amount of $15,000,000? PROPOSITION A AND PROPOSITION B ARE SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTION 53410 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. RVPUBIBSKINNERV13620. 1 A-4