RESOLUTION NO. R-2023-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, MAKING CERTAIN FINDINGS,
CERTIFYING THE RESULTS OF AN ELECTION AND
ORDERING THE ANNEXATION OF TERRITORY (JPI
ANNEXATION) TO COMMUNITY FACILITIES DISTRICT
NO. 2014-01 (PUBLIC SERVICES) AND APPROVING THE
AMENDED MAP FOR SAID DISTRICT
WHEREAS, by its Resolution No. 2014-10, the City Council established the City's Community Facilities District No. 2014-01 (Public Services) ("District") pursuant to the Mello -Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) ("Act"); and
WHEREAS, by its Ordinance No. 0-2014-03, the City Council levied an annual special tax against all non-exempt parcels of real property within the District ("Special Tax") to fund public safety services; and
WHEREAS, by its Resolution No. R-2014-04, the City Council designated all territory within the City of Placentia to be a Future Annexation Area for the District; and WHEREAS, pursuant to Resolution No. R-2014-04 territory located within the Future Annexation Area may be annexed to the District upon the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed, without additional hearings; and
WHEREAS, the landowner of Assessor's Parcel Numbers 339-431-02, 339-431- 03, 339-431-04, 339-431-05, 339-431-06, 339-401-08, & 339-401-09 has submitted to the City a petition requesting, approving, and unanimously consenting to the annexation of those parcels (collectively the "Annexed Area") to the District; and WHEREAS, there has not been at least twelve (12) registered voters residing within the territory of the Annexed Area for each of the ninety days (90) preceding June 20, 2023, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the landowners of such area as such term is defined by Government Code Section 53317(0 and each such landowner who is the owner of record as of June 20, 2023, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that he, she or it owns within such Annexed Area; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of special taxes on the property within the Annexed Area to the qualified electors of the Annexed Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexed Area in that the landowners have submitted to the City a petition requesting, approving and unanimously consenting to the annexation of the Annexed Area to the District; and
WHEREAS, the City Clerk of the City of Placentia has caused ballots to be distributed to the qualified electors of the Annexed Area, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as Exhibit "A" and incorporated herein by reference; and WHEREAS, at this time the measure voted upon and such measures did receive favorable 2/3's vote of the qualified electors, and the City Council desires to declare the results of the election; and
WHEREAS, a boundary map entitled "Amended Map of Community Facilities District No. 2014-01, JP! Annexation, of the City of Placentia, County of Orange, State of California", showing the extent of the proposed annexation, is included as Exhibit "B" to this Resolution and incorporated herein by reference ("Boundary Map") and a list of Assessor Parcel Numbers and landowners, a copy of which is attached hereto as Exhibit "C" and incorporated herein by reference, has been submitted to the City Council; and WHEREAS, the City Council desires to annex the Annexed Area to the District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. Recitals. The above recitals are all true and correct and are herein incorporated.
2. Findings. This City Council does hereby determine as follows:
A. The unanimous consent to the annexation of the Annexed Area to the District has been given by all of the landowners of the Annexed Area and such consent shall be kept on file in the Office of the City Clerk.
B. There has not been at least twelve (12) registered voters residing within the territory of the Annexed Area for each of the ninety (90) days preceding June 20, 2023, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the "landowners" of such Annexed Area as such term is defined in Government Code Section 53317(0.
C. The qualified electors of the Annexed Area have unanimously voted in favor of the levy of special taxes within the Annexed Area upon its annexation to the District.
3. Annexed Area. The boundaries and parcels of territory within the Annexed Area and on which special taxes will be levied in order to pay for the costs and expenses of authorized services are shown on the Boundary Map as submitted to and hereby approved by this City Council.
4. Annexation Ordered. The City Council does hereby determine and declare that the Annexed Area is hereby added to and part of the District with full legal effect. The City Council, acting as the City Council of the District, is empowered to levy the authorized special tax with the Annexed Area and as such the Annexed Area is hereby subject to the special tax levied in connection with the District.
5. Description of Services. The following is a general description of the services provided in the District:
Public Safety Services: Police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, and (iv) City overhead costs associated with providing such services within the District.
It is the intention of the City Council to finance all direct, administrative and incidental annual costs and expenses necessary to provide the authorized maintenance and services.
6. Amended Boundary Map. The Boundary Map attached hereto as Exhibit "A" is hereby approved. This map amends, and does not supersede, the existing maps of the District. The City Council directs that said map be filed with the Orange County Recorder pursuant to Section 3113 of the Streets and Highways Code.
7. Notice of Special Tax Lien. The City Council directs that a revised notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexed Area associated with the Boundary Map.
8. Severabilitv. That should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this resolution as hereby adopted shall remain in full force and effect.
9. This Resolution shall be effective immediately upon adoption.
10. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.
ADOPTED AND APPROVED this 11th day of July 2023.
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
I, Robert S. McKinnell, City Clerk of the City of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 11th day of July 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
EXHIBIT "A"
Ballot
EXHIBIT "B"
Amended Map of Community Facilities District No. 2014-01 JPI Annexation
EXHIBIT "C"
List of Assessor's Parcel Numbers
List of Properties to be Annexed
APN(s)
339-431-02
339-431-03
339-431-04
339-431-05
339-431-06
339-401-08
339-401-09
Landowner(s)
CITY OF PLACENTIA
Community Facilities District No. 2014-01
(Public Services)
JPI Annexation
OFFICIAL BALLOT
SPECIAL TAX ELECTION
This ballot is for the special landowner election. You must return this ballot in the enclosed postage -paid envelope to the office of the City of Placentia City Clerk no later than 7:00 p.m. on June 20, 2023, either by mail or in person. The office of the City Clerk is located at 401 East Chapman Avenue, Placentia, CA 92870.
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 for the City of Placentia and obtain another.
BALLOT MEASURE: Shall special taxes be levied
annually on taxable property within the City of Placentia (City") Community Facilities District No. 2014-01
(Public Services), County of Orange, State of California, to pay for the cost of services described in Exhibit "A" to YES:
Resolution No. R-2014-04 adopted by the City Council
on February 18, 2014, and to pay expenses incidental NO:
thereto and to levy the collection of the special taxes, at the special tax rates and pursuant to the method of
apportioning the special taxes set forth in Exhibit "B" to Resolution No. R-2014-04.
By execution in the space provided below, I hereby declare under penalty of perjury that the voter listed below is the owner of record or authorized representative of the landowner entitled to vote this ballot. I also confirm the waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code.
Number of Votes:
Property Owner:
c/o:
Attention:
Address:
By:
Signature:
Title: