RESOLUTION NO. R-2024-16
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA DECLARING THE RESULTS OF THE
SPECIAL ELECTION, DETERMINING THE
VALIDITY OF PRIOR PROCEEDINGS AND
DIRECTING THE RECORDING OF NOTICE OF
SPECIAL TAX LIEN
A. Recitals.
(i) In proceedings heretofore conducted by the City Council ("Council") of the City of Placentia ("City"), pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"), the City Council on March 5, 2024, adopted Resolution No. R-2024-14, calling a special election of the qualified electors within the territory of land of the City's Community Facilities District No. 2024-01 (Old Town Maintenance Services) (the "CFD"), with a ballot measure relating to the levy of special taxes within the CFD.
(ii) All requirements, including but not limited to any time limit, pertaining to the conduct of the special election have been waived by unanimous consent of the qualified electors of the CFD as authorized by the Act, which executed Landowner Petition, Waiver and Consent from each qualified elector is on file with the City Clerk. (iii) As authorized by the unanimous waiver of the special election requirements by all the qualified electors, the special election is by ballot mailed to all of the property owners with the CFD.
(iv) Pursuant to the terms of the resolution, the special election was held on March 5, 2024, and the City Clerk has duly canvassed the returns of the election and has filed with the City Council a statement of all votes cast at the election showing the whole number of votes cast within such territory and the whole number of votes cast for and against the measure in such territory and also filed, attached to the statement, the certificate as to the correctness of the statement (the "Canvass and Statement of Election Results"), a copy of which is attached hereto as Exhibit "A." The City Council has reviewed the canvas and hereby approves it.
(v) At this time said election has been held and the measure voted upon did receive favorable votes of at least 2/3rds of the qualified electors of the CFD and this City Council hereby desires to declare the results of the election is accordance with the provisions of the Elections Code of the State of California.
B. Resolution.
Resolution R-2024-16
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects the forgoing recitals are true and correct and incorporated herein.
2. Approval of Canvass. The canvass by the City Clerk, as shown by the Statement of Election Results is hereby ratified, confirmed, approved, and entered upon the minutes of this meeting.
3. Statement of the Measure. At the election, the following measure was submitted to the qualified electors of the territory proposed to be annexed to the CFD and the number of votes cast for and against the measure was as follows:
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?
TOTAL
VOTES
Yes
No
Yes
No
4. Votes Cast. The total number of votes cast in the territory proposed to be annexed to the CFD at the election was
5. Measure Passed. More than two-thirds of all the votes cast at the election on the measure were in favor of the measure and the measure passed.
6. Validity of Procedures. The City Council hereby finds and determines that all prior proceedings and actions taken by the City Council pursuant to the Act were and are valid and in conformity with the Act.
7. Notice of Special Tax Lien. The City Clerk is hereby directed to complete, Resolution R-2024-16
execute and cause to be recorded in the office of the Orange County Recorder, in accordance with the provisions of Sections 3114.5 and 3117.5 of the California Streets and Highways Code within fifteen (15) days of the adoption of this resolution, a notice of special tax lien in the form required by the Act.
8. 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. 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-2024-16
EXHIBIT A
Canvass and Statement of Election Results
I, Robert S. McKinnell, City Clerk of the City of Placentia (the "City"), hereby certify that:
1. On March 5, 2024, at City Hall, 401 E. Chapman Avenue, Placentia, California, canvassed the returns of the election called for on March 5, 2024, in the territory proposed to be annexed to Community Facilities District No. 2024-01 (Old Town Maintenance Services) on the following measures:
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 XIIIB 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?
2. The total number of qualified landowner votes eligible to be cast, the total number of votes actually cast at the election, and the total number of votes cast for and against the measure are set forth below. The totals as shown for and against the measure are full, true, and correct. More than two-thirds of all the votes cast at the election on the measure were in favor of the measure and the measure passed.
Qualified
Landowner Votes Cast YES NO
Votes
Proposition A
Proposition B
Dated: March 5, 2024
Robert S. McKinnell, City Clerk
Resolution R-2024-16