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HomeMy WebLinkAboutCC AG PKT 2003-07-28 #I • M E M O R A N D U M July 28, 2003 TO: Honorable Mayor and City Council FROM: City Clerk RE: COMMUNITY FACILITIES DISTRICT 2002 -02 ELECTION The following Resolution sets forth the results of the July 22nd, 2003 Community Facilities District 2002 -02 (Seal Beach Boulevard /Lampson Avenue Landscape Maintenance) election and - the following Ordinance authorizes the levy of the Special Tax within that District. • On June 23, 2003 twenty -five (25) election packets with the Official Ballot were sent certified mail, return receipt to the twenty -five (25) qualified landowner electors holding property within the District. Each ballot reflected the number of authorized votes based upon the one (1) vote per acre or portion thereof formula. The total number of eligible votes was two hundred two (202). As of July 22nd at 8:00 p.m. there were sixteen (16) ballots returned. On Wednesday, July 23rd a canvas of the ballots was performed which reflected a total of one hundred eighty - one (181) votes, one hundred fifty -six (156) in favor of levying the Special Tax, and twenty -five (25) in opposition to levying the Special Tax. Recommended Action: Adopt the Resolution setting forth the results of the Election, and adopt the Ordinance authorizing the levy of the Special Tax as an Urgency Ordinance inasmuch as it relates to an election (pursuant to the City Charter). g Item I RESOLUTION• NUMBER • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002 -02 (SEAL BEACH BOULEVARD/ LAMPSON AVENUE LANDSCAPE MAINTENANCE) TO CERTIFY THE RESULTS OF THE JULY 22ND, 2003 SPECIAL LANDOWNER ELECTION, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS PROVIDED BY LAW. WHEREAS, a Special Landowner Election was called and conducted in the City of Seal Beach, County of Orange, State of California, on Tuesday, the 22nd day of July, 2003, pursuant to Resolution Number 5110 adopted February 24th, 2003 and as ordered by Ordinance Number 1497 adopted April 14th, 2003; and WHEREAS, Said Special Landowner Election was held in the City of Seal Beach for the purpose of submitting to the qualified landowner electors of the District proposed Proposition A relating to Community Facilities District No. 2002 -02 (Seal Beach Boulevard / Lampson Avenue Landscape Maintenance); and WHEREAS, notice of said election was duly and regularly given in time, form, and manner as provided by law; in all respects said election was held and conducted and • votes were cast, received, and canvassed, and the returns made as set forth by the provisions of the Elections Code of the State of California, more specifically Sections 4000 and 4100 et. Seq. for the holding of mail ballot elections; and WHEREAS, pursuant to Ordinance Number 1497, adopted the 14th day of April, 2003, the City Clerk canvassed the returns of said election and has certified the results of same, the results are received, attached, and made a part hereof as "Exhibit A." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the Proposition_voted upon at the Special Landowner Election was as follows: Proposition A: Shall the special tax set forth in Resolution No. 5110 of the City Council of the City of Seal Beach be levied in connection with City of Seal Beach Community Facilities District No. 2002 -02 (Seal Beach Boulevard /Lampson Avenue Landscape YES Maintenance) (the "District "), subject to the accountability measures provided for in Resolution No. 5110, for the purpose of funding NO 4111 the maintenance of parkway and median landscaping serving the District and incidental expenses, and shall the • District establish an Article XIIIB appropriations limit for the District as an amount equal to all the proceeds of the Special Tax collected annually within the District and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population ? Section 2. That the number of votes given in the City for and against Proposition A are as set forth in Exhibit "A" attached hereto. Section 3. The City Council does declare and determine that: Proposition A presented to the qualified landowner electors of the District on July 22nd, 2003 was approved by more than two- thirds of the votes cast at the election and Proposition A has carried. Section 4. The City Council, acting in its capacity as the legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in Proposition A for the purposes described therein. • Section 5. The City Clerk shall enter into the records of the City Council of said City a statement of the results of said election showing: (1) The whole number of ballots cast in the City; (2) The Measure voted upon; (3) The total number of votes given Section 6. The City Clerk is hereby authorized and directed to record in the office of the Recorder of the County of Orange by August 11, 2003 a notice of special tax lien in the form required by Streets and Highways Code Section 3114.5. Section 7. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same was passed and adopted. PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach, California, at a meeting thereof held on the 1111 day of , 2003 by the following vote: AYES: Councilmembers • NOES: Councilmembers ABSENT: Councilmembers Mayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Resolution is the original copy of Resolution Number 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 regular adjourned meeting thereof held on the day of 2003. 11111 City Clerk 1111 • 1111 EXHIBIT "A" CERTIFICATE OF CANVASS 2, Joanne M. Yeo, City Clerk of the City of Seal Beach, • California, pursuant to Ordinance Number 1497 adopted by the City Council on April 14th, 2003, do hereby certify that I have canvassed the returns of the all -mail ballot Special Tax Election•held on July 22nd, 2003, and find that the number of votes for and against Proposition A as follows: INITIAL BALLOT MAILING (Based upon data from the Office of the County Assessor) 25 Eligible Landowner Ballots 25 Total Ballots Returned To Be Counted 16 Based upon the formula of one (1) vote for each acre or portion thereof owned by said landowner(s) within the boundaries of Community Facilities District No. 2002 -02 the 25 ballots represent 202 votes. • PROPOSITION A Shall the special tax set forth in Resolution No. 5110 of the City Council of the City of Seal Beach be levied in connection with City of Seal Beach Community Facilities District No. 2002 -02 (Seal Beach Boulevard /Lampson- Avenue Landscape Maintenance) (the "District "), subject to the accountability measures provided for in Resolution No. 5110, for the purpose of funding the maintenance of parkway and median landscaping serving the District and incidental expenses, and shall the District establish an Article XIIIB appropriations limit for the District as an amount equal to all the proceeds of the Special Tax collected annually within the District and defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population ? YES 156 , NO 25 DATED THIS 23rd day of July, 2003. Joanne M. Yeo, City Clerk • City of Seal Beach • ORDINANCE NUMBER AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002 -02 (SEAL BEACH BOULEVARD /LAMPSON AVENUE LANDSCAPE MAINTENANCE) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THAT DISTRICT, AND DECLARING THE URGENCY THEREOF WHEREAS, the City Council (the "City Council ") of the City of Seal Beach, California (the "City "), has previously adopted Resolution Number 5098 stating its intention to conduct proceedings to form City of Seal Beach Community Facilities District No. 2002 -02 {Seal Beach Boulevard /Lampson Avenue Landscape Maintenance) (the "District ") - pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act ") to finance certain public facilities; and WHEREAS, a copy of Resolution Number 5098 setting forth a description of the proposed boundaries of the District, the services to be provided by the District, and the rate and method of apportionment of the special tax proposed to be levied within District (the "Special Tax ") is on file in the office of the City Clerk of the 1111 City, and is incorporated herein by reference; and WHEREAS, in accordance with the Act, notice (the "Notice ") was published and mailed to all landowners proposed to be _ included in the District regarding a public hearing set for February 24, 2003 at 7:00 p.m. or as soon • thereafter as practicable on the establishment of the District and the proposed rate and method of apportionment of the Special Tax (the "Hearing "); and WHEREAS, prior to the Hearing there was filed with the City Council a report (the "Report ") containing a description of the services necessary to adequately meet the needs of the District and an estimate of the cost of providing those services, as required by Section 53321.5 of the Act; and . WHEREAS, at the Hearing, a full and fair hearing was held and, as set forth in the Notice, the testimony was heard of all interested persons, including all taxpayers or persons owning property in the area, desiring to testify for or against the establishment of the District, the. extent of the District, or the furnishing of a specified type or types of services; and WHEREAS, at the Hearing evidence was presented to the City Council on the matters before it and the City Council at the conclusion of the Hearing was fully advised as to all matters relating to the formation of the District and the levy of the Special Tax; and • WHEREAS, subsequent to the public hearing, the City Council adopted Resolution Number 5110 which established the District he Distric and author d the levy of a special tax • with an WHEREAS, on July 22, 2003, an election was held within the District at which the qualified landowner electors of the District approved the establishment of an appropriations limit for the District and the levy of a special tax within the District; and WHEREAS, on July 28, 2002, the City Council adopted Resolution Number 4145, which certified the results of the July 22, 2003 election conducted by the City Clerk, which results showed that more than two- thirds of the votes cast in the District were in favor of the proposition to establish an appropriations limit for the District and levy the special tax. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Recitals. The above recitals are all true and correct. Section 2. Authorization of Levy of Special Tax. By passage of this Ordinance, the City Council authorizes the levy of a special tax within the District at the maximum rate and in accordance with the rate and method of apportionment set forth for in Exhibit B to Resolution Number 5110, which for reference purposes is attached hereto as Exhibit A. • Section 3. Annual Rate Determination. The City Council is hereby further authorized to determine on or before August 10 of each year, or such other date as is established by law or by the County Auditor - Controller of the County of Orange, the specific special tax to be levied on each parcel of land in the District, except that the special tax rate to be levied shall not exceed the maximum rates set forth in Exhibit A, but the special tax may be levied at a lower rate. Section 4. Exemption of Government Property. Properties or entities of the state, federal, or other local governments shall be exempt from the above - referenced and approved special tax only to the extent set forth in Exhibit A hereto, and otherwise shall be subject to tax consistent with the provisions of Section 53317.3 and 53317.5 of the Act. Section 5. Use of Collections. All of the collections of the special tax shall be used only as provided for in the Act and in Resolution Number 5110. The special tax shall be levied only so long as needed for its purpose as described in Resolution Number 5110. Section 6. Collection. The special tax shall be collected in the same manner as ordinary ad valorem taxes and • shall be subject to the same penalties and the same procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxes; provided, however, that the special tax may be collected in such other manner as may be • provided by the City Council. In addition, the provisions of Section 53356.1 of the Act shall apply to any delinquent Special Tax payments. Section 7. Authorization. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act. Section 8. Certification. The City Clerk shall certify to the passage of this Ordinance and cause it to be published or posted in accordance with law. PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach, California, at a meeting thereof held on the day of , 2003. Mayor ATTEST: City Clerk 4111 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Ordinance was passed, approved and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2003, by the following vote: AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers ABSENT: Councilmembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk •