HomeMy WebLinkAboutD-3 Staff Report - Resolution of Intention CFD 2005-1 AnnexationPUBLIC HEARING/SCHEDULED ITEM
D-3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: TALIKA JOHNSON, DIRECTOR OF ADMINISTRATIVE SERVICES
DATE: NOVEMBER 6, 2023
SUBJECT: CONSIDERATION OF ADOPTION OF A RESOLUTION CALLING A
SPECIAL ELECTION AND A RESOLUTION DECLARING ELECTION
RESULTS RELATED TO IMPROVEMENT AREA NO. 3 OF THE
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (ROSEDALE) OF THE
CITY OF AZUSA
BACKGROUND:
The City Council previously formed the Community Facilities District No. 2005-1 (Rosedale) of
the City of Azusa (the “CFD”), all pursuant to the Mello-Roos Community Facilities Act of 1982
(the “Act”). In connection therewith, the City Council called an election of the landowners
within the territory of the CFD regarding the levy of special taxes therein. The landowners
approved the formation of the CFD and levy of special taxes with over a two-thirds majority vote
of the voters voting.
The City Council received a written petition from Rosedale Land Partners II LLC, a Delaware
limited liability company (the “Developer”), the owner of certain real property within the City,
requesting that such property be annexed to the CFD in newly-designated Improvement Area No.
3 (“Improvement Area No. 3”) so that such property may receive the benefit of services that will
be financed by the annual levy of special taxes on said property for the purpose of financing
police protection, fire protection and suppression services, maintenance of park, parkways and
open space, and any other services permitted to be financed pursuant to the Act (the “Services”);
and agreeing to the annual levy of special taxes on said property sufficient to pay the costs of
such Services and costs incidental thereto.
On September 18, 2023 the City Council adopted Resolution No. 2023-C55, a resolution of
intention to designate and annex territory to Improvement Area No. 3 of the CFD pursuant to
Section 53339.2 of the California Government Code, determining that the public convenience
and necessity require that certain property to be annexed to Improvement Area No. 3 of the CFD
and containing all of the matters prescribed by Section 53339.3 of said Code, and fixing 7:30
p.m. on November 6, 2023 in the Azusa Civic Auditorium, 213 E. Foothill Blvd., Azusa, CA
91702 or via teleconference as directed by the City due to COVID-19 social distancing
guidelines, as the time and place for a hearing upon said resolution.
Approved
City Council
November 6, 2023
Calling Special Election and Election Results for IA3 of the CFD No. 2005-1 (Rosedale)
November 6, 2023
Page 2
RECOMMENDATIONS:
Staff recommends the City Council take the following actions:
1) Open the Public Hearing, receive public testimony, close the Public Hearing;
2) Adopt Resolution No. 2023-C64, calling a Special Election and Submitting to the
Qualified Electors of Territory Proposed to be Annexed to the Designated Improvement
Area No. 3 of Community Facilities District No. 2005-1 (Rosedale) of the City of Azusa
the Question of Levying Special Taxes within that Territory (Annexation No. 1);
3) Adopt a Resolution No. 2023-C65, declaring Election Results for the Annexation of
Territory to the Designated Improvement Area No. 3 of Community Facilities District
No. 2005-1 (Rosedale) of the City of Azusa (Annexation No. 1); and
4) Waive further reading, read by title only, and introduce first reading of Ordinance No.
2023-06, authorizing the Levy of Special Taxes in a Community Facilities District,
including Certain Annexation Territory identified as Annexation No 1, into Improvement
Area No. 3 of the Community Facilities District No. 2005-1 (Rosedale).
ANALYSIS:
On November 6, 2023, this City Council will hold a public hearing regarding the annexation of
territory into Improvement Area No. 3 of the CFD. If a majority of the landowners within the
boundaries of Improvement Area No. 3 of the CFD do not register written or oral protests, then
the City Council may consider adopting the following resolution:
Resolution No. 2023-C64 (the “Resolution Calling Election”), schedules the elections for the
annexation of territory into Improvement Area No. 3 of the CFD with respect to the annual levy
of special taxes to pay for the Services.
The City Clerk and the Developer have consented to hold the election on November 6, 2023.
The County of Los Angeles Registrar of Voters has certified that there are no registered voters
within the boundaries of the CFD. Following the adoption of the Resolution Calling Election,
the City Clerk will conduct the election and declare the election results.
Following the election, the City Council may adopt Resolution No. 2023-C65 (the “Resolution
Declaring Results”) within the CFD, which declares the results of the election.
If the results are in favor of annexing territory within Improvement Area No. 3 of the CFD, the
City Council may waive the full reading of the Ordinance Levying Special Taxes (the
“Ordinance”), which authorizes the levy of special taxes within the CFD in full and call for the
first reading of such Ordinance by title only.
Calling Special Election and Election Results for IA3 of the CFD No. 2005-1 (Rosedale)
November 6, 2023
Page 3
FISCAL IMPACT:
The annexation of the property to the CFD will allow for the levy of special taxes on the
property. If levied at the maximum authorized rate, for FY 2024/25 the gross special tax amount
for Improvement Area No. 3 will be $18,768 and in accordance with the Rate & Method of
Apportionment (i.e. Special Tax Formula), this amount will increase two-percent (2%) annually
until such time as it is determined that the levy of such special taxes is not required to fund
services. The tax revenues offset the cost the City pays for services such as police protection, fire
protection and suppression services, maintenance of park, parkways and open space, and any
other allowable services.
Prepared By: Reviewed and Approved:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Attachments:
1. Resolution No. 2023-C64
2. Resolution No. 2023-C65
3. Draft Ordinance No. 2023-06
RESOLUTION NO. 2023-C64
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, CALLING A SPECIAL ELECTION
AND SUBMITTING TO THE QUALIFIED ELECTORS OF
TERRITORY PROPOSED TO BE ANNEXED TO THE
DESIGNATED IMPROVEMENT AREA NO. 3 OF
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(ROSEDALE) OF THE CITY OF AZUSA THE QUESTION
OF LEVYING SPECIAL TAXES WITHIN THAT
TERRITORY (ANNEXATION NO. 1)
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. 2005-1 (Rosedale) of the City of Azusa, County of Los Angeles, State of
California (the “Community Facilities District”) and designated Improvement Area No. 1 and
Improvement Area No. 2 therein for the purpose of, among other things, levying special taxes on
parcels of taxable property therein for the purpose of providing certain services which are
necessary to meet increased demands placed upon the City as a result of the development of said
real property; 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 California Government Code,
commonly known as the “Mello-Roos Community Facilities Act of 1982,” (the “Act”) to annex
territory to the Community Facilities District by complying with the procedures set forth in said
Article 3.5; and
WHEREAS, on September 18, 2023 the City Council adopted Resolution No. 2023-C55,
a resolution of intention to designate and annex territory to Improvement Area No. 3 of the
Community Facilities District (“Improvement Area No. 3”) pursuant to Section 53339.2 of the
California Government Code, determining that the public convenience and necessity require that
certain property to be annexed to Improvement Area No. 3 of the Community Facilities District
and containing all of the matters prescribed by Section 53339.3 of said Code, and fixing 7:30 p.m.
on November 6, 2023 in the Azusa Civic Auditorium, 213 E. Foothill Blvd., Azusa, CA 91702 or
via teleconference as directed by the City due to COVID-19 social distancing guidelines, as the
time and place for a hearing upon said resolution; and
WHEREAS, pursuant to said resolution, the City Clerk has published and mailed notice
of the time and place of said hearing as required by Section 53339.4 of said Code; and
WHEREAS, on November 6, 2023, at the time and place of said hearing, the City Council
afforded all interested persons for or against the annexation of said property to the Community
Facilities District an opportunity to present testimony and to protest against the proposed
annexation of said property to Improvement Area No. 3 of the Community Facilities District, and
no protests, either oral or in writing, were received; and
Attachment 1
WHEREAS, pursuant to Section 53339.7 of said Code, the City Council may now submit
the question of levying a special tax within the territory proposed to be annexed to Improvement
Area No. 3 of the Community Facilities District to the qualified electors within that territory.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Findings. The City Council finds that: (i) the foregoing recitals are correct;
(ii) less than twelve (12) persons have been registered to vote within the territory proposed to be
annexed to Improvement Area No. 3 of the Community Facilities District during the ninety (90)
days preceding the close of the public hearing on November 6, 2023; (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 election called by this resolution shall be by the landowners of the territory
proposed to be annexed to Improvement Area No. 3 of the Community Facilities District 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 (1) vote for each acre, or portion thereof, which he or she owns
within the said territory which would be subject to the proposed special taxes if they were levied
at the time of the election; and (iv) pursuant to said Section 53326, the special election must be
held at least ninety (90) days, but not more than one hundred eighty (180) days following the date
of the adoption of this resolution, unless such time periods are waived with the unanimous waiver
of the qualified electors. All of the qualified electors in the territory to be annexed waived the time
limits and election formalities of the special election.
SECTION 2. Call of Election. The City Council hereby calls and schedules a special
election for November 6, 2023 on the proposition with respect to the annual levy of special taxes
within the territory proposed to be annexed to Improvement Area No. 3 of the Community
Facilities District for paying the cost of the services to be provided within and for the benefit of
the territory proposed to be annexed to Improvement Area No. 3 of the Community Facilities
District.
SECTION 3. Propositions. The propositions to be submitted to the voters of
Improvement Area No. 3 of the Community Facilities District at such special election shall be as
follows:
PROPOSITION A
Shall Proposition A authorizing the annual levy of special taxes on taxable property in the
territory proposed to be designated and annexed to Improvement Area No. 3 of Community
Facilities District No. 2005-1 (Rosedale) of the City of Azusa, County of Los Angeles,
State of California, to pay for costs and services described in Resolution No. 2023-C55 and
to pay costs associated with the determination of the amount of and the levy and collection
of the special taxes at the special tax rates as set forth in Exhibit “B” to Resolution No.
2023-C55 be approved?
SECTION 4. Conduct of Election. Except as otherwise provided in Section 5 hereof,
said election shall be conducted by the City Clerk of the City pursuant to the California Elections
Code governing mail ballot elections of cities, and in particular, the provisions of Division 4
(commencing with Section 4000) of said Code, insofar as they may be applicable.
SECTION 5. Election Procedures. The procedures to be followed in conducting the
special election on the levy of Special Taxes to pay the annual costs of the services to the qualified
electors of the territory to be annexed to Improvement Area No. 3 of the Community Facilities
District (the “Special Election”) shall be as follows:
(a) Pursuant to said Section 53326 of the California Government Code, ballots
for the special election 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 cities, and specifically Division 4 (commencing with
Section 4000) of the California Elections Code with respect to elections conducted by mail,
the City Clerk shall mail or deliver to each qualified elector an official ballot in the 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 return of voted official ballots,
and a copy of Resolution No. 2023-C55; provided, however, that such statement, analysis
and arguments may be waived with the unanimous consent of all the landowners.
(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 territory proposed to be annexed to Improvement Area No. 3 of the
Community Facilities District.
(d) The return identification envelope 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 said declaration, and (vii) a
notice that the envelope contains an official ballot and is to be opened only by the City
Clerk.
(e) The instruction 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 thereon completed and signed and all other information to be inserted thereon
properly inserted by 5:00 p.m. on November 6, 2023.
(f) Upon receipt of the return identification envelopes which are returned prior
to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast
in the special election, 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.
PASSED, APPROVED AND ADOPTED this 6th day of November, 2023, by the
following vote:
By:
Robert Gonzales, Mayor
I HEREBY CERTIFY that the foregoing Resolution No. ____ was duly adopted by the City
Council of the City of Azusa at a regular meeting held on the 6th day of November 2023, by the
following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jeffrey Lawrence Cornejo Jr., City Clerk
45635.01442\41659715.2
A-1
EXHIBIT “A”
OFFICIAL BALLOT
SPECIAL ELECTION
NUMBER OF VOTES ENTITLED TO BE CAST: 6
IMPROVEMENT AREA NO. 3 OF THE COMMUNITY FACILITIES DISTRICT NO.
2005-1 (ROSEDALE) OF THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE
OF CALIFORNIA
(ANNEXATION NO. 1)
November 6, 2023
OFFICIAL BALLOT
To vote on any measure, fill in the voting square before the word “YES” or before the word “NO”
following each proposition. If you tear or deface this ballot, call Daniella V. Hernandez at 951-
826-8306 to obtain a replacement ballot.
______________________________________________________________________________
PROPOSITION A
Shall Proposition A authorizing the annual levy of special taxes on taxable property
in the territory proposed to be designated and annexed to Improvement Area No. 3
of Community Facilities District No. 2005-1 (Rosedale) of the City of Azusa,
County of Los Angeles, State of California, to pay for costs and services described
in Resolution No. 2023-C55 and to pay costs associated with the determination of
the amount of and the levy and collection of the special taxes at the special tax rates
as set forth in Exhibit “B” to Resolution No. 2023-C55 be approved? □ YES
□ NO
RESOLUTION NO. 2023-C65
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, DECLARING ELECTION
RESULTS FOR THE ANNEXATION OF TERRITORY TO
THE DESIGNATED IMPROVEMENT AREA NO. 3 OF
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(ROSEDALE) OF THE CITY OF AZUSA (ANNEXATION
NO. 1)
WHEREAS, the City Council (the “City Council”) of the City of Azusa (the “City”) has
established the Community Facilities District No. 2005-1 (Rosedale) of the City of Azusa, County
of Los Angeles, State of California (the “District”) and designated Improvement Area No. 1 and
Improvement Area No. 2 therein for the purpose of levying special taxes on parcels of taxable
property therein for the purpose of providing, among other things, certain services that are
necessary to meet increased demands placed upon the City as a result of the development of said
real property; and
WHEREAS, by Resolution No. 2023-C55 adopted on September 18, 2023, the City
Council of the City has heretofore conducted proceedings for the annexation of territory to the
newly-designated Improvement Area No. 3 (“Improvement Area No. 3”) of the District including
conducting a public hearing pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution
calling a special election for November 6, 2023, and submitting to the qualified electors of the
territory to be annexed to Improvement Area No. 3 of the District the question of levying special
taxes within that territory to pay the costs of certain services and the costs associated with the
determination of the amount of and levy and collection of special taxes which will be levied to
provide the services and costs otherwise incurred in order to carry out the authorized purposes of
the District (the "Election Resolution").
WHEREAS, the City Council has received a statement from the City Clerk (the "City
Clerk"), who pursuant to the Election Resolution was authorized to conduct such special election
and act as the election official therefor, with respect to the canvass of the ballots returned in and
the results of said special election, certifying that at least two-thirds of the votes cast upon the
proposition submitted to the qualified electors in said special election were in favor of such
proposition.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Findings. The City Council finds that: (i) there are no registered voters
residing within the territory proposed to be annexed to Improvement Area No. 3 of the District
(the "Territory") at the time of the close of the public hearing on November 6, 2023 and pursuant
Attachment 2
to Section 53326 of the Government Code, the vote in said special election was, therefore, to be
by the landowners owning land within the Territory, with each landowner having one vote for each
acre or portion thereof of land that he or she owned within the Territory; (ii) pursuant to said
Section 53326 and the Election Resolution, the City Clerk caused to be delivered an official ballot
for the special election to the owner of the land within the Territory, with return postage prepaid;
(iii)said special election has been properly conducted in accordance with all statutory requirements
and the provisions of the Election Resolution; (iv) pursuant to said Section 53326, ROSEDALE
LAND PARTNERS II, LLC, the owner of all the land within the Territory, was entitled to 5.6308
six (6) votes; (v) said landowner returned its ballot to the City Clerk prior to the time set by the
City Clerk for the close of the election on November 6, 2023; (vi) the ballot returned to the City
Clerk by said landowner voted all votes of said landowner in favor of the proposition set forth
therein; (vii) at least two-thirds of the votes cast in such special election on said proposition were
in favor thereof, and pursuant to Sections 53328 and 53329 of the Government Code, said
proposition carried; (ix) pursuant to Section 53339.8 of the Government Code, the City Council is
authorized to determine that the Territory to be annexed has been added to and become a part of
Improvement Area No. 3 of the District with full legal effect; and (x) the City Council is also
authorized, pursuant to said Section 53339.8, to annually levy special taxes within the Territory to
pay the costs of the services to be provided by the District.
SECTION 3. Declaration of Results. At least two-thirds of the votes voted in the special
election on the proposition of the annual levy of special taxes within the Territory to pay the costs
of the services to be provided by the District were voted in favor thereof, and such proposition
carried.
SECTION 4. Annexation. The Territory is annexed and added to and is a part of
Improvement Area No. 3 of the District with full legal effect, and the City Council shall annually
levy special taxes within the Territory at the rates as specified in Resolution No. 2023-C55,
adopted by the City Council on September 18, 2023, to pay costs of certain services to be provided
by the District. The boundaries of the Territory are shown on the map entitled, “Annexation
Boundary Map of Improvement Area No. 3 of Community Facilities District No. 2005-1
(Rosedale) of the City of Azusa, County of Los Angeles, State of California” which was recorded
on September 21, 2023 in the office of the County Recorder of the County of Los Angeles as
Instrument No. 20230635421.
SECTION 5. Notice. Pursuant to Section 53339.8 of the Government Code and Section
3114.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County
Recorder of the County of Los Angeles a notice of special tax lien creating the lien of special taxes
for Improvement Area No. 3 of the District.
SECTION 6. Entry of the Election Results in the Minutes. The City Clerk is hereby
directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the
minutes the results of the election as set forth in said Certificate of Election Official.
SECTION 7. Certification. The City Clerk shall certify the passage and adoption of this
resolution.
PASSED, APPROVED AND ADOPTED this 6th day of November, 2023, by the
following vote:
By:
Robert Gonzales, Mayor
I HEREBY CERTIFY that the foregoing Resolution No. ____ was duly adopted by the City
Council of the City of Azusa at a regular meeting held on the 6th day of November, 2023, by the
following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jeffrey Lawrence Cornejo Jr., City Clerk
A-1
EXHIBIT “A”
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF AZUSA )
The undersigned, ELECTION OFFICIAL OF THE CITY OF AZUSA, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the
provisions of Section 53326 of the Government Code and Division 12, commencing with Section
17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast
at the
IMPROVEMENT AREA NO. 3 OF
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(ROSEDALE) OF THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA
SPECIAL ELECTION
(ANNEXATION NO. 1)
in said City, held November 6, 2023.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast
in the territory to be annexed to Improvement Area No. 3 of the District in such City, and the whole
number of votes cast for the Proposition in the territory to be annexed to the Improvement Area
No. 3 of the District in said City, and the totals of the respective columns and the total as shown
for the Proposition is full, true and correct.
1. VOTES CAST ON PROPOSITION A: YES 6
NO 0
WITNESS my hand this ________ day of __________________, 20__.
CITY CLERK
ELECTION OFFICIAL
CITY OF AZUSA
STATE OF CALIFORNIA
1
ORDINANCE NO. 2023-06
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, AUTHORIZING THE LEVY OF
SPECIAL TAXES IN A COMMUNITY FACILITIES
DISTRICT, INCLUDING CERTAIN ANNEXATION
TERRITORY IDENTIFIED AS ANNEXATION NO 1, INTO
IMPROVEMENT AREA NO. 3 OF THE COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (ROSEDALE)
WHEREAS, the City Council (the “City Council”) of the City of Azusa (the
“City”) has established Community Facilities District No. 2005-1 (Rosedale) of the City of Azusa,
County of Los Angeles, State of California (the “District”) and designated Improvement Area No.
1 and Improvement Area No. 2 therein for the purpose of levying, among other things, special
taxes on parcels of taxable property therein for the purpose of providing certain services, which
are necessary to meet increased demands placed upon the City as a result of the development of
said real property; and
WHEREAS the City has conducted proceedings to designate Improvement Area
No. 3 of the District (“Improvement Area No. 3”) and to annex territory into Improvement Area
No. 3 of the District; and
WHEREAS, following an election of the qualified electors in the territory
proposed for annexation (the “Annexation Territory”) into Improvement Area No. 3, the City
Council, on November 6, 2023, adopted a Resolution which declared the results of the special
election and determined that the territory proposed to be annexed is added to and part of
Improvement Area No. 3 of the District; and
WHEREAS, the rate and method of apportionment of special tax for Improvement
Area No. 3 of the District (the “Rate and Method”) is set forth in Exhibit “B” to the City Council
Resolution No. 2023-C55, which was adopted on September 18, 2023 (the “Resolution”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. By the passage of this Ordinance, the City Council hereby
authorizes and levies the special tax within Improvement Area No. 3 of the District pursuant to
Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of
the California Government Code, commonly known as the “Mello-Roos Community Facilities Act
of 1982,” (the “Act”), at the rate and in accordance with the Rate and Method, which Rate and
Method is by this reference incorporated herein. The special tax for Improvement Area No. 3 is
hereby levied commencing in Fiscal Year 2024-25, and in each fiscal year thereafter to pay for the
services for the District and the costs of administering the District.
Attachment 3
2
SECTION 3. The City Manager of the City or designee or employee or consultant
of the City is hereby authorized and directed each fiscal year to determine the specific special tax
to be levied for the next ensuing fiscal year for each parcel of real property within Improvement
Area No. 3 of the District in the manner and as provided in the Rate and Method.
SECTION 4. Exemptions from the levy of the special tax shall be as provided in
the Rate and Method and the applicable provisions of the Act. In no event shall the special tax be
levied on any parcel within Improvement Area No. 3 of the District in excess of the maximum
special tax specified in the Rate and Method.
SECTION 5. All of the collections of the special tax shall be used as provided in
the Act and in the Resolution, including, but not limited to, the payment of the costs of the services,
the payment of the costs of the City in administering the District, and the costs of collecting and
administering the special tax.
SECTION 6. The special tax shall be collected in the same manner and at the same
time as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject
to the same penalties and the same procedure and sale in cases of delinquency as provided for ad
valorem taxes; provided, however, that the District may collect Special Taxes at a different time
or in a different manner if necessary to meet its financial obligations. The City Manager of the
City, or his or her designee, is hereby authorized and directed to provide all necessary information
to the auditor/tax collector of the County of Los Angeles in order to effect proper billing and
collection of the special tax for Improvement Area No. 3, so that the special tax shall be included
on the secured property tax roll of the County of Los Angeles for Fiscal Year 2024-25 and for each
fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated
by the City.
SECTION 7. If for any reason any portion of this Ordinance is found to be invalid,
or if the special tax for Improvement Area No. 3 is found inapplicable to any particular parcel
within Improvement Area No. 3 of the District by a court of competent jurisdiction, the balance of
this Ordinance and the application of the special tax to the remaining parcels within Improvement
Area No. 3 of the District shall not be affected.
SECTION 8. This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance, or a summary
of it, to be published in a newspaper of general circulation in the City.
3
The foregoing ordinance was introduced and the title thereof read at the regular
meeting of the City Council the 6th day of November, 2023 and by unanimous vote of the City
Council members present, further reading was waived.
PASSED, APPROVED AND ADOPTED this ___ day of November, 2023, by
the following vote:
By:
Robert Gonzales, Mayor
Jeffrey Lawrence Cornejo Jr., City Clerk