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HomeMy WebLinkAboutResolution No. 2023-C65RESOLUTION 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. 2023-055 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 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 PASSED, APPROVED and ADOPTED this 6th day of November, 2023. d � Roe Gonzales Mayor ATTEST: Je e w Cornejo, Jr. it Clerk I HEREBY CERTIFY that the foregoing Resolution No.C65 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 e Cornej o, Jr. ity Clerk APPROVED AS TO FORM: �N -\rp -.. - - Best, B t & Krieger, LP City Attorney 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. 2023-055, 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. 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 6th day of November, 2023. or nce Corne' , Jr. it er ELECTION OFFICI CITY OF AZUSA STATE OF CALIFORNIA A-1