2003-155RESOLUTION NO. 2003R- 155
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
CALLING A SPECIAL ELECTION OF THE QUALIFIED ELECTORS RESIDING
WITHIN THE TERRITORY OF COMMUNITY FACILITIES DISTRICT NO.
1989-3 (THE SUMMIT) TO CONSIDER ALTERING THE PUBLIC FACILITIES
FINANCED BY THE DISTRICT 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. 19,89-3 (The Smnmit) (the "District")
pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Chapter 2.5 of Part 1
of Division 2 of Title 5, commencing at Section 53311, of the Government Code of the State of
Califomia) (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 47 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 does hereby
determine that the public convenience and necessity require a change in the types of authorized
public facilities which should be financed by the District; and
WHEREAS, on June 17, 2003, the City Council did adopt its ResolutionNo. 2003R-
114 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 heating was given by the City Clerk in the manner
required by law; and
WHEREAS, on July 22, 2003, the City Council duly conducted said heating and
received and considered all evidence and testimony offered at said heating, including all oral and
written protests against the proposal described in Resolution No. 2003R-114 which were filed with
the City Clerk on or before the time fixed for said heating; and
WHEREAS, the City Council hereby finds that:
(a)
at least 12 persons have been registered...to vote within the District for each of the 90
days preceding the close of the proteSt heating; and
(b)
less than 50 percent of the registered voters residing within the territory in the
District, and the owners of less than one-half of the area of the land in the territory
included in the District and not exempt from the special tax filed written protests
against changing the public facilities financed by the District as described in
Resolution No. 2003R-114; and
WHEREAS, the City Council desires to submit the question of changing the facilities
to be financed by the District as described in Resolution No. 2003R-114 to the qualified electors of
the District in accordance with the provisions of Section 53338 of the Government Code of the State
of Califomia.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim as follows:
1. That the foregoing recitals are true and correct.
That all oral and written protests filed against the proposal to change the public
facilities financed by the District as described in Resolution No. 2003R-114 are
hereby overruled.
o
That all prior proceedings taken by this City Council in connection with the proposed
change of public facilities to be financed by the District have been duly considered
and are hereby found and determined to be valid and in conformity with the Act.
Any defects in said proceedings are hereby waived and corrected.
That the City Council does hereby call a special election of the qualified electors
within said District to consider the following proposition (the "Proposition"):
o
The changes in public facilities which it is proposed that the District finance are as
follows:
Shall the real property on which the existing police
station is located at 8201 East Santa Ana Canyon
Road, which real property was partially acquired
with funds of Community Facilities District No.
1989-3 (The Summit), 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).
YES NO '
That the vote at said special election upon the Proposition shall be by the registered
voters residing within the territory of the District with each voter having one vote.
That the City Clerk is hereby designated as the election official for purposes of
conducting said special election.
2
o
The election official shall provide ballots and election materials in the manner
required by law.
There shall be prepared and included in the ballot materials provided to each voter,
an impartial analysis prepared by the City Attorney, and arguments and rebuttals, if
any, pursuant to Sections 9280 to 9287, inclusive, and Section 9295 of the Elections
Code of the State of California.
10.
That ballots for said special election shall be distributed by mail with return postage
prepaid by the election official as authorized pursuant to subdivision (d) of Section
53326 of the Government Code of the State of California.
11.
The election official shall certify the proper mailing of ballots by an affidavit, which
shall constitute conclusive proof of mailing.
12.
The voted ballots shall be returned to the election official at the office of the City
Clerk of the City of Anaheim not later than 5:00 p.m., on October 21, 2003.
However, if all the qualified voters have voted, the election may be closed prior to
such time and/or date upon the concurrence of the election official. Only ballots
received in the office of the City Clerk by 5:00 p.m. on October 21, 2003, shall be
counted.
13.
That, pursuant to Elections Code Section 12310, a stipend for services for the persons
named as canvassing board members is fixed at the sum of $40.00 for each Inspector
and $40.00 for each Clerk for the election.
14. That the Proposition shall require the affirmative votes of two-thirds of the votes cast
on said Proposition at the special election for adoption.
THE FOREGOING RESOLUTION is
the City of Anaheim this 22nd day of July, 2003.
ap~ado~~he City Council of
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CJTY CLERK OF THE CITY OF ANAHEIM
50399. i ~SMANN
3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2003R-155 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 22nd day of July, 2003, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS:
Pringle, Tait, Chavez, Hernandez, McCracken
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS:
None
ABSENT: MAYOR/COUNCIL MEMBERS: None
~ITY CLER~OF TIEiE CITY OF ANAHEIM
(SEAL)