2005-089RESOLUTION N0.2005 - 89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THAT CERTAIN CHANGES IN
THE FACILITIES FINANCED BY COMMUNITY FACILITIES
DISTRICT N0.1989-3 (THE SUMMIT) ARE LAWFULLY
AUTHORIZED PURSUANT TO SECTION 53338 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
WHEREAS, the City Council of the City of Anaheim {the "City Council"} has
heretofore established Community Facilities District No.1989-3 (The Summit) {the "District")
pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Chapter 2.5 of Part
l of Division 2 of Title 5, commencing at Section 53311, of the Government Code of the State of
California) (the "Act"}; and
WHEREAS, the territory within said District is generally described as shown on
the Boundary Map of the District which is on file in the office of the City Clerk of the City of
Anaheim and which Boundary Map was recorded on January 18,1989, in Book 45, Page 49 in
the Maps of Assessments and Community Facilities Districts of the Recorder of the County of
Orange, California; and
WHEREAS, pursuant to Section 53331 of the Act, the City Council heretofore
determined that the public convenience and necessity require a change in the location of one of
the public facilities (i.e., the police station) to be financed by the District; and
WHEREAS, on December 14, 2004, the City Council did adopt its Resolution
No. 2004R-239 fixing the time and place for a hearing to consider the proposed change to the
public facilities to be financed by the District; and
WHEREAS, notice of said hearing was given by the City Clerk in the manner
required bylaw; and
WHEREAS, on January 25, 2005, the City Council duly conducted said hearing
and received and considered all evidence and testimony offered at said hearing, including all oral
and written protests against the proposal described in Resolution No. 2004R-239 which were
tiled with the City Clerk on or before the time fixed for said hearing; and
WHEREAS, upon completion of said hearing, the City Council adopted its
Resolution No.2005-09 calling a special election of the qualified electors within said District
pursuant to Section 53338 of the Government Code to consider the following proposition (the
"Proposition"):
Shall the real property on which the existing police YES NO
station is located at 8201 East Santa Ana Canyon
Road, which real property was partially acquired
with funds of Community Facilities District No.
1989-2 (The Highlands), also be used by the
City of Anaheim as the site of a new district
gymnasium (i.e. thereby adding said real property
for district gymnasium purposes to the list of
authorized District facilities). Approval of this
measure will not result in any increase in Mello-
Roos taxes nor will such taxes be used to pay
for construction or operation of the gymnasium.
WHEREAS, the special election on said Proposition was conducted by mail on
May 3, 2005, pursuant to all applicable provisions of the Elections Code of the State of
California, and the results of said special election have been duly canvassed as required by law;
and
WHEREAS, at least two-thirds of the votes cast on the aforesaid Proposition were
in favor of the proposed change as described in said Proposition.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that:
1. The City Council hereby determines that the proposed changes as set forth
in said Proposition are lawfully authorized.
2. This resolution shall constitute the resolution of change described in, and
required pursuant to, Section 53338 of the Government Code.
3. The real property on which the existing police station is located at 8201
1~:ast Santa Ana Canyon Road, which real property was partially acquired with funds of
Community Facilities District No.1989-3 (The Summit), may also be used by the City of
Anaheim as the site of a new district gymnasium (i.e. thereby adding said real property for
district gymnasium purposes to the list of authorized District facilities).
4. The City Clerk, if required bylaw, shall record notice of the aforesaid
change pursuant to any applicable requirements of Section 3117.5 of the Streets and Highways
Code.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 10th Day of May, 2005, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Chavez, Hernandez, Gallowa
Y
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF HEIM
By
MAYOR OF THE C O NAHEIM
ATTE T:
~~ ,~~ ~ ~
CITY CLERK OF THE CITY OF ANAHEIM
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