RESOLUTION NO. R-2024-14
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA CALLING A SPECIAL TAX ELECTION
AND SUBMITTING TO THE QUALIFIED ELECTORS
THE QUESTIONS OF LEVYING A SPECIAL TAX ON
THE PROPERTY LOCATED IN THE CITY OF
PLACENTIA COMMUNITY FACILITIES DISTRICT NO.
2024-01 (OLD TOWN MAINTENANCE SERVICES)
A. Recitals.
(i) On January 23, 2024, the City Council of the City of Placentia adopted Resolution No. R-2024-04 entitled Resolution of Intention of the City Council of the City of Placentia to Establish Community Facilities District No. 2024-01 (Old Town Maintenance Services) ("CFD") and to Authorize the Levy of a Special Tax within Community Facilities District No. 2024-01 (Old Town Maintenance Services) of the City of Placentia ("Resolution of Intention") pursuant to the Mello -Roos Community Facilities Act of 1982, commencing with § 53311 of the California Government ("Act"). (ii) On March 5, 2024, the City Council adopted Resolution No. R-2024-13 entitled "Resolution of Formation of The City Council of The City Of Placentia Establishing Community Facilities District No. 2024-01 (Old Town Maintenance Services); Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" ("Resolution of Formation"). (iii) Pursuant to the provisions of the Resolution of Formation, a proposition to authorize the levy of special taxes within the CFD is to be submitted to the Qualified Electors of the CFD as required by the Act.
(iv) The ballot questions regarding the levy of the special tax and the establishment of the appropriations limit have been set forth in two (2) ballot propositions as provided in the form of special election ballot attached hereto as Exhibit "A" and by this reference incorporated herein.
(v) The City Council has received a written instrument from each landowner in CFD No. 2024-01 consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election.
(vi) The City Clerk has concurred in the election date set forth herein.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Resolution R-2024-14
1. In all respects the foregoing recitals are true and correct and are incorporated herein.
2. The City Council has found that fewer than twelve individuals have been registered to vote within the territory of the CFD for the ninety days preceding the close of the public hearing held by the City Council for the purposes of these proceedings.
Accordingly, the vote shall be by the landowners within the CFD ("Qualified Electors"), and each Qualified Elector at the close of such public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he/she/it owns within the CFD.
3. There is on file with the City Clerk, a Petition, Consent and Waiver executed by each Qualified Elector of the CFD requesting a shortening of time for the special election in order to expedite the process of formation of the CFD and unanimously waiving any requirement for analysis and arguments in connection therewith.
4. The ballot related to the levy of the CFD special taxes shall be submitted to the Qualified Electors at a special election held on March 5, 2024, immediately following the adoption of this resolution. The City Council hereby submits the question of levying the special tax and the establishment of the annual appropriations limit for CFD No. 2024-01 to the Qualified Electors within CFD No. 2024-01, in accordance with and subject to the Act. The special election shall be held on March 5, 2024, and shall be conducted as follows:
a) The election shall be a special election conducted by the City Clerk (also referred to as the "Election Official").
b) The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2024-01 shall be consolidated. c) Pursuant to Government Code § 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk's delivery of a ballot to each landowner in CFD No. 2024-01. The City Council hereby ratifies the form of the special election ballot which is attached hereto as Exhibit "A". d) The City Clerk shall accept the ballots of the landowners up to 5:30 p.m. on March 5, 2024. The City Clerk shall have available ballots that may be marked at the City Clerk's office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election.
e) The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed at the City Council Chambers. At the conclusion of the canvass, the City Clerk shall announce the results of the election. f) If the proposition for the levy of the special tax receives the approval of more than two-thirds (2/3rds) of the votes cast on the proposition, the special tax thereby Resolution R-2024-14
approved may be levied as provided for in the Resolution of Formation. g) The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns.
5. The Election Official is hereby authorized to take any and all steps necessary for holding the above special election. The Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of the special election.
6. The Mayor shall sign this Resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
APPROVED and ADOPTED this 5th day of March, 2024.
JEREMY YAMAGUCHI, 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 No. R-2024-14 was adopted at a regular meeting of the City Council held on the 5th day of March, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT S. MCKINNELL, CITY CLERK
APPROVED AS TO FORM:
CHRISTIAN BETTENHAUSEN,
CITY ATTORNEY
Resolution R-2024-14
EXHIBIT "A"
BALLOT MEASURE
PROPOSITION A: Shall special taxes be levied annually on taxable property within the territory to be annexed into the City of Placentia Community Facilities District No. 2024-01 (Old Town Maintenance Services), County of Orange, State of California ("CFD No. 2024-01") and collected so long as the special taxes are needed to pay for maintenance and operational costs for Old Town Placentia at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit "B" to the Resolution of Intention, Resolution No. R-2024-04, adopted by the City Council of the City of Placentia on January 23, 2024? PROPOSITION B: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XII IB of the California Constitution, be established for the City of Placentia Community Facilities District No. 2024-01 (Old Town Maintenance Services), County of Orange, State of California, in the amount of $1,000,000 per annum?
Resolution R-2024-14
TOTAL
VOTES
Yes
No
Yes
No