HomeMy WebLinkAboutCC Res 5425 2006-01-23
RESOLUTION NUMBER 5425
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH CALLING A SPECIAL ELECTION WITHIN
CITY OF SEAL BEACH COMMUNITY FACILITIES
DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS
CENTER)
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RECITALS:
WHEREAS, on January 23, 2006, this City Council adopted a resolution entitled
"A Resolution of Formation of the City Council of the City of Seal Beach to Establish
City of Seal Beach Community Facilities District No. 2005-01 (pacific Gateway Business
Center), to Make Environmental Findings With Respect Thereto Pursuant to the
California Environmental Quality Act in Connection Therewith, to Establish an
Appropriations Limit Therefor, to Authorize Levy of a Special Tax Therein, and to
Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to
the Qualified Electors Thereof' (the "Resolution of Formation''), ordering the formation
of the City of Seal Beach Community Facilities District No. 2005-01 (pacific Gateway
Business Center) (the "District"), establishing an appropriations limit for the District and
authorizing levy of a special tax (the "Special Tax") on property within the District,
subject to approval of the qualified electors of the District at a special election referred to
below, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended,
commencing with Section 53311 of the California Government Code (the "Act"); and
WHEREAS, on January 23, 2006, this City Council also adopted a resolution
entitled "A Resolution of the City Council of the City of Seal Beach to Declare the
Necessity to Incur Bonded Indebtedness within City of Seal Beach Community Facilities
District No. 2005-01 (Pacific Gateway Dusiness Center)" (the "Resolution of Necessity
to Incur Bonded Indebtedness"), determining the necessity to incur bonded indebtedness
in the maximum aggregate principal amount of$10,000,000; and
WHEREAS, pursuant to the p'rovisions of said resolutions, the propositions of
the levy of said Specil\l.Tu, ;the est~blishment of the appropriations limit and the
incurring of the bonded.indebtedness Jill be submitted to the qualified electors of the
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district as required o'i~the Act.( .. _~~
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEAL BEACH:
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1. Recitals. The above recitals are alI true and correct.
2. Ballot Propositions. Pursuant to Sections 53325.7, 53326, 53351, and 53353.5 of
the Act, the proposition relating to the incurring of the bonded indebtedness and
the proposition relating to the levy of the Special Tax shall be combined into one
balIot proposition, and together with the proposition for the establishment of the
appropriations limit, shall be submitted to the qualified electors of the District as
required by the Act.
If (a) the combined proposition for the levy of the Special Tax and the incurring
of the bonded indebtedness and (b) the proposition for the establishment of the I
appropriations limit each receive the approval of more than two-thirds ofthe votes
cast on the proposition, one or more series of bonds may be authorized, issued and
sold for the purposes set forth herein, the Special Tax may be levied, and the
appropriations limit may be established as provided for in the Resolution of
Formation.
The balIot propositions shalI be in the form attached hereto as Exhibit "A" and by
this reference incorporated herein, and said form ofbalIot is hereby approved.
Resolution Number 5425
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3. Electors Determined. The City Council finds, based on information provided by
the Registrar of Voters of the County of Orange, that fewer than 12 registered
voters have been registered to vote within the territory of the District for each of
the 90 days preceding the close of the public hearing heretofore conducted and
concluded by the City Council for the purposes of these proceedings.
Accordingly, and pursuant to Section 53326 of the Act, the City Council finds
that for purposes of these proceedings the qualified electors are the landowners
within the District. Each landowner shall have one vote for each acre or portion
thereof that he or she owns within the District, as provided in Section 53326 of
the Act. The City Council finds that there is one (1) qualified elector in the
District.
4. Election. This City Council hereby calls a special election to consider the
propositions described in Section 2 above, which election shall be held on January
23,2006 in the City Council Chambers, 211 Eighth Street, Seal Beach, California
90740 immediately following adoption of this Resolution. The City Clerk is
hereby designated as the official to conduct said election. It is hereby
acknowledged that the City Clerk has on file a copy of this Resolution and a map
ofthe boundaries ofthe District.
The voted ballots shall be returned to the City Clerk immediately following
adoption of this Resolution, but in any event no later than 10:30 p.m. on January
23, 2006, and when the qualified elector(s) have voted, but not later than 10:30
p.m. on January 23, 2006, the election shall be closed.
5. Mail Ballot. Pursuant to Section 53327 of the Act, the election shall be conducted
by mail ballot in accordance with the California Elections Code. This City
Council hereby finds that paragraphs (a), (b), (c)(I), and (c)(3) of Section 4000 of
the California Elections Code are applic~ble to this special election.
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6. Ballot. This City Council acknowledges that the City Clerk has caused to be
delivered to the qualified elector(s) of the District a ballot in the form set forth in
Exhibit "An hereto.
The ballot was aqcompanied by'all supplies and written instructions necessary to
the use and return of the ballot. The envelope to be used to return the ballot was
enclosed wi~\1.. the. ballot, had; the return postage prepaid, and contained the
following: '(a) .t\1~ ~name lhJ,d 'address of the landowner, (b) a declaration, under
penalty of pe!jiu.y,_stating that the voter is owner of record or authorized
representative of the owner of record entitled to vote and is the person whose
name appears on the envelope, (c) the printed name, signature and address of the
voter, (d) the date of signing and place of execution of the declaration pursuant to
clause (b) above, and (e) a notice that the envelope contains an official ballot and
is to be opened only by the canvassing board.
Analysis and arguments with respect to the ballot measures have been waived by
the qualified elector(s), by unanimous written consent waiving all applicable time
limits and requirements pertaining to the conduct of said special election, as
permitted by Section 53327 of the Act. The City Council hereby concurs in said
waiver.
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7. Return of Ballots. The City Clerk shall accept the ballot of the qualified elector(s)
in the City Council Chambers upon and prior to the adoption of this Resolution,
whether said ballot be personally delivered or received by mail. The City Clerk
shall have available a ballot which may be marked at said location on the election
day by said qualified elector(s).
8. Waiver of Time Limits for Election. This City Council hereby further finds that
the provision of Section 53326 of the Act requiring a minimum of 90 days
following the adoption of the resolution calling the election to elapse before said
special election is for the protection of the qualified elector(s) of the District. The
unanimous written consent of the qualified elector(s) of the District waiving all
Resolution Number 5425
applicable time limits and requirements pertaining to the conduct of said special
election has been received. Accordingly, this City Council finds and determines
that said qualified elector(s) have been fully apprised of and have agreed to the
shortened time for the election and have thereby been fully protected in these
proceedings. This City Council also finds and determines that the City Clerk has
concurred in the shortened time for the election.
9. Publication. The City Clerk is hereby directed to cause to be published in a
newspaper of general circulation circulating within the area of the District a copy
of the Resolution of Necessity to Incur Bonded Indebtedness as required by
Section 53352 ofthe Act.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach
this 23rd day of Januarv , 2006 by the following vote:
AYES: Council MembersD/}1 ~,~, ~ if'1k" ~
NOES: Council Members ~bnt
ABSENT: Council Members ryq>>1\I
ABSTAIN: Council Members ~I
~~tt ~
Mayor
ATTEST:
;2.1~JA t,(}t11;J
Ccij Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
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I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that
the foregoing Resolution is the original copy of Resolution Number 5425 on file in the
office of the City Clerk, passed, approved, and adopted by the City Council of the City of
Seal Beach at a meeting thereof held on the 23rd day of January. 2006.
~b~
t1ty lerk
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Resolution Number 5425
EXHIBIT "A"
OFFICIAL BALLOT
SPECIAL ELECTION
City of Seal Beach Community Facilities District No. 2005-01
(Pacific Gateway Business Center)
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This ballot is for a special landowner election. You must return this ballot in the
enclosed postage paid envelope to the office of the City Clerk of the City of Seal Beach
no later than 10:30 p.m. on January 23, 2006, either by mail or in person. The City
Clerk's office is located at 211 Eighth Street, Seal Beach, California 90740.
This ballot represents 45 votes.
To vote, mark a cross (X) in the voting square after the word "YES" or after the
word "NO". All marks otherwise made are forbidden. All distinguishing marks are
forbidden and make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the
City of Seal Beach and obtain another.
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PROPOSITION A: Shall the Cily of Seal Beach, on behalf of Cily of Seal Beach
Community Facilities District No. 2005,0 I (Pacific Gateway Business Center) (the
"Dislricl"), subject to the accountabilily measures provided in the resolutions entitled "A
Resolution of Formation oflhe City Council of the Cily of Seal Beach to Establish City of
Seal Beach Community Facilities Dislrict No. 2005,0 I (Pacific Gateway Business Cenler),
to Make Environmental Findings With Respect Thereto Pursuant to the California
Environmental Quality Act, to Establish an Appropriations Limit Therefor, 10 Authorize the
Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit
and Ihe Levy of a Special Tax to the Qualified Electors Thereof' (the "Resolution of
Formation") and "A Resolution of the City Council ofthe City of Seal Beach to Declare the
Necessity to Incur Bonded Indebtedness within City of Seal Beach Community Facilities
District No. 2005,01 (Pacific Gateway Business Center)" (the "Resolution of Intention"),
incur an indebtedness and issue one or more series of bonds in the maximum aggregale
principal amount of $10,000,000, with interesl at a rate or mtes not to exceed the maximum
interest mte permitted by law at the time of sale of such bonds, to finance the facilities and
incidental expenses described in Ihe Resolution of Formation and the Resolution of
Intention; and shall a special tax with a rate and melhod of apportionment as provided in the
Resolution of Formation and the Resolution of Inlenlion be levied annually on lands within
the District to pay for the facililies, services, incidental expenses, and other purposes
described in the Resolution of Formation and the Resolution of Inlention, including Ihe
payment of principal and interest on bonds issued to finance the facilities, incidenlal
expenses, and the costs of the City of Seal Beach in administering the District?
PROPOSITION B: Shall City of Seal Beach Community Facilities District No. 2005,01
(Pacific Gateway Business Center) (the "District") establish an Article XmB approprialions
Iimil for the Dislrict at an amount equal to all Ihe proceeds of Ihe special tax collected
annually within the District and as defined by Article XlIIB oflhe California Constitution,
as adjusted for changes in the cost of living and changes in population?
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Yes
D
D
No
Yes
D
D
No