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HomeMy WebLinkAboutResolution No. 2023-C64RESOLUTION 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. 2023-055, 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 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. 2023-055 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. 2023-055 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. 2023-055; 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 6tn day of November, 2023. Robert Gonzales Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No.2023-C64 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: COUNCILMEMBERS: GONZALES, BECKWITH, ALVAREZ, AVILA, MENDEZ NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: J e w Cornejo, Jr. City Cler APPROVED AS TO FORM: --LP— b.. qzs��N Best, Bestk Krieger, LAP City Attorney 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. 2023-055 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. 2023-055 be approved? ❑ YES ❑ NO A-1 45635.01442\41659715.2