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HomeMy WebLinkAboutCity Council - 2002-40 RESOLUTION NO. 2002-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING SPECIAL ELECTION WITHIN IMPROVEMENT AREA A AND WITHIN IMPROVEMENT AREA B OF THE CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-1 (MCDONNELL CENTRE BUSINESS PARK) WHEREAS, on this date, this City Council adopted a resolution entitled "A Resolution of the City Council of the City of Huntington Beach of Formation of Improvement Area A and Improvement Area B of the City of Huntington Beach Community Facilities District No. 2002-1 (McDonnell Centre Business Park)" (the "Resolution of Formation"), ordering the formation of Improvement Area A of the City of Huntington Beach Community Facilities District No. 2002-1 (McDonnell Centre Business Park) ("Area A"), and Improvement Area B of the City of Huntington Beach Community Facilities District No. 2002-1 (McDonnell Centre Business Park) ("Area B"), authorizing the levy of a special tax on property within Area A and within Area B and preliminarily establishing an appropriations limit for Area A and for Area B; and On this date, this City Council also adopted a resolution entitled "A Resolution of the City Council of the City of Huntington Beach Determining the Necessity to Incur Bonded Indebtedness Within Improvement Area A, and within Improvement Area B, of the City of Huntington Beach Community Facilities District No. 2002-1 (McDonnell Centre Business Park)" (the "Resolution to Incur Indebtedness"), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $13,000,000 for each of Area A and of Area B (but not more than $13,000,000 in total for both areas) upon the security of the special tax to be levied within Area A and Area B,respectively; and Pursuant to the provisions of said resolutions, the propositions of the levy of said special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness for each of Area A and of Area B is to be submitted to the qualified electors of Area A and Area B, respectively, as required by the provisions of Chapter 3.56 (commencing with Section 3.56.010) of the Municipal Code of the City of Huntington Beach (the "Code") and, as applicable under the Code, the Mello-Roos Community Facilities Act of 1982, constituting Section 53311 et seq. of the California Government Code (the "Act," and, together with the Code, the "Law"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. Pursuant to the Code and Sections 53325.7, 53326 and 53351 of the Act, the issues of the levy of said special tax, the incurring of bonded indebtedness and the establishment of said appropriations limit for Area A shall be submitted to the qualified electors of Area A at an election called therefor as provided below. Pursuant to the Code and Sections 53325.7, 53326 and 53351 of the Act, the issues of the levy of said special tax, the incurring of bonded indebtedness and the establishment of said appropriations limit for Area B Res.No.2002-40 shall be submitted to the qualified electors of Area B at an election called therefor as provided below. Section 2. As authorized by Section 53353.5 of the Act, the three propositions described in paragraph 1 above for each of Area A and Area B shall be combined into a single ballot measure for Area A and for Area B,respectively,the forms of which measures being as set forth in the form of ballot attached hereto as Exhibit A and by this reference incorporated herein. The form of the ballot in Exhibit A is hereby approved. Section 3. This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of Area A for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this City Council for the purposes of these proceedings. Accordingly, and pursuant to the Code and Section 53326(b) of the Act, this City Council finds that for purposes of these proceedings the qualified electors for Area A are the owners of land within Area A that may be subject to the levy of special taxes and that the vote with respect to Area A shall be by said landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in Area A as of the close of the public hearings. This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of Area B for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this City Council for the purposes of these proceedings. Accordingly, and pursuant to the Code and Section 53326(b) of the Act, this City Council finds that for purposes of these proceedings the qualified electors for Area B are the owners of land within Area B that may be subject to the levy of special taxes and that the vote with respect to Area B shall be by said landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in Area B as of the close of the public hearings. Section 4. This City Council hereby calls a special election to consider the measures described in Section 2 above, which election shall be held immediately following adoption of this Resolution in the Chambers of the City Council of the City of Huntington Beach. The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution of Formation, a map of the proposed boundaries of Area A and of Area B, and a sufficient description to allow the City Clerk to determine the boundaries of Area A and of Area B. The voted ballots shall be returned to the City Clerk no later than immediately following the adoption of this Resolution; and when all of the qualified voters have voted, the election shall be closed. Section 5. Pursuant to the Code and Section 53327 of the Act, the election shall be conducted by mail or hand delivered ballot pursuant to the California Elections Code. This City Council hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of Section 4000 of the California Elections Code are applicable to this special election. Section 6. This City Council acknowledges that the City Clerk has caused to be delivered to the qualified elector of Area A, and to the qualified elector of Area B, a ballot in the -2- Res.No.2002-40 form set forth in Exhibit A hereto. The ballot indicates the number of votes to be voted by the landowner with respect to each ballot measure. The ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage.prepaid, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner 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 City Clerk. Analysis and arguments with respect to the ballot measures were waived by the owner of all of the land in Area A and in Area B that will be subject to the levy of special taxes in its petition to form the District as well as in the voted ballot, as permitted by the Code and Section 53327(b) of the Act. Section 7. The City Clerk shall accept the ballot of the qualified elector upon and prior to the adoption of this Resolution, whether the ballot was personally delivered or received by mail. The City Clerk shall have available a ballot which may be marked in the City Council chambers on the election day by the qualified elector. Section S. This City Council hereby further finds that the provision of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before said special election is for the protection of the qualified electors of Area A and Area B. The petition previously submitted by the sole owner of land in Area A and in Area B that will be subject to the levy of special taxes and the voted ballot of the sole qualified elector of Area A and Area B contain an acknowledgment of a waiver of any time limit pertaining to the conduct of the election and of a waiver of any requirement for analysis and arguments in connection with the election. Accordingly, this City Council finds and determines that the qualified elector has been fully apprised of and has agreed to the shortened time for the election and waiver of analysis and arguments, and has 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. Section 9. Pursuant to the Local Agency Special Tax and Bond Accountability Act, Sections 50075.1 et. seq. and Sections 53410 et. seq. of the California Government Code, (a) the ballot measures referred to in Section 4 above each contain a statement indicating the specific purposes of the special tax referenced in the respective ballot measure, the proceeds of the special tax will be applied only to the purposes specified in the applicable ballot measure, there shall be created by the City Treasurer accounts into which proceeds of the special tax levies of Area A and of Area B, respectively, will be deposited, and the Director of Administrative Services is hereby directed to provide an annual report to this City Council as required by Section 50075.3 of the California Government Code; and (b) the ballot measures contain a statement indicating the purpose of the bonds referenced in the respective ballot measure, the proceeds of the bonds will be applied only to the purpose specified in the applicable ballot measure, there shall be created by the City Treasurer accounts into which the proceeds of the -3- Res.No.2002-40 bonds will be deposited (which need not be separate bank accounts,but which may be separate general ledger accounts so long as such proceeds can be separately accounted for), and the Director of Administrative Services is hereby directed to provide an annual report to this City Council at;required by Section 53411 of the California Government Code. Section 10. The City Clerk is hereby directed to cause to be published in a newspaper of general circulation circulating within Area A and Area B a copy of this resolution and a copy of the Resolution to Incur Indebtedness, as soon as practicable after the date of adoption of this Resolution. Section 11. This Resolution shall take effect upon its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of June 2002. )&41za 14 Mayor ATTEST: APPROVED AS TO FORM: owl 0!(4/0 _ City Clerk &6 —dZ 5�3�Q City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: C � CityAAdmmistrator Director of Economic Development 09003.07:J6155 4/19/02 -4- Res.No.2002-40 Ex.A EXHIBIT A CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-1 (MCDONNELL CENTRE BUSINESS PARK) OFFICIAL BALLOT Special Tax and Bond Election (JUNE 3,2002) This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the City Clerk of the City of Huntington Beach no later than immediately after adoption of the resolution of the City Council calling said election, either by mail or in person. To vote, mark a cross (X) on the voting line 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 Huntington Beach and obtain another. BALLOT MEASURE A: Shall the City of Huntington Beach incur an indebtedness and issue bonds in one or more series in the maximum aggregate principal amount of$13,000,000,with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Improvement Area A of the City of Huntington Beach Community Facilities District No. 2002-1 (McDonnell Centre Business Park)("Area A"),the Yes: proceeds of which will be used only to finance the costs of improvements specified in the Resolution of Intention to form Area A and the costs of issuing the bonds as well as the establishment of a bond reserve fund;shall a special tax No: T payable solely from lands within Area A be levied annually upon lands within Area A to be applied only to the payment of the principal and interest upon such bonds to be issued and to replenish the reserve fund for the bonds and to pay the costs of the City in administering Area A; and shall the annual appropriations limit of Area A be established in the amount of$13,000,000? BALLOT MEASURE B: Shall the City of Huntington Beach incur an indebtedness and issue bonds in one or more series in the maximum aggregate principal amount of$13,000,000,with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of Improvement Area B of the City of Huntington Beach Community Facilities District No. 2002-1 (McDonnell Centre Business Park)("Area B"),the Yes: proceeds of which will be used only to finance the costs of improvements specified in the Resolution of Intention to form Area B and the costs of issuing the bonds as well as the establishment of a bond reserve fund;shall a special tax No: payable solely from lands within Area B be levied annually upon lands within Area B to be applied only to the payment of the principal and interest upon such bonds to be issued and to replenish the reserve fund for the bonds and to pay the costs of the City in administering Area B; and shall the annual appropriations limit of Area B be established in the amount of$13,000,000? Res.No.2002-40 Ex.A By execution in the space provided below,you also indicate your waiver of the time limit pdrtaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Sections 53326(a) and 53327(b)of the California Government Code. Number of Votes for Ballot Measure A: 41 Number of Votes for Ballot Measure B: 49 Property Owner: McDonnell Douglas Corporation By: Its: Res. No. 200240 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 3rd day of June, 2002 by the following vote: AYES: Green, Dettloff, Boardman, Cook, Winchell, Bauer NOES: None ABSENT: Houchen (out of room) ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California