2005-009RESOLUTION NO. 2005- 09
A RESOLUTION OF THE CITY COUNCII, OF THE CITY OF
ANAHEIM CALLING A SPECIAL ELECTION OF THE
QUALIFIIED ELECTORS RESIDING WITHIN THE TERRITORY
OF COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE
HIGHLANDS) TO CONSIDER ALTERING THE PUBLIC
FACILITIES AUTHORIZED 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. 1989-2 (The Highlands) (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
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 use of one of the public
facilities sites which was financed, in part, by the District to construct a new district library adjacent
to the police station; and
WHEREAS, on December 14, 2004, the City Council did adopt its Resolution No.
2004-239 fixing the time and place for a hearing to consider the proposed change of use of the public
facilities financed by the District; and
WHEREAS, notice of said hearing was given by the City Clerk in the manner
required by law; 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. 2004-239 which were filed with
the City Clerk on or before the time fixed for said hearing; 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 hearing; and
(b) less than 50 percent of the registered voters residing within t h e
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. 2004-239; 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. 2004-239 to the qualified electors of
the District in accordance with the provisions of Section 53338 of the Government Code of the State
of California.
NOW, THEREFORE, BE I'T RESOLVED by the City Council of the City of
Anaheim as follows:
1. That the foregoing recitals are true and correct.
2. That all oral and written protests filed against the proposal to change the public
facilities financed by the District as described in Resolution No. 2004-239 are hereby overruled.
3. 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.
4. That the City Council does hereby call a special election of the qualified electors
within said District to consider the following proposition (the "Proposition"):
A. Shall the real property on which the existing police station is YES
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 NO
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.
5. 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.
6. That the City Clerk is hereby designated as the election official for purposes of
conducting said special election.
7. The election official shall provide ballots and election materials in the manner
required by law.
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8. 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.
9. 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.
10. The election official shall certify the proper mailing of ballots by an affidavit, which
shall constitute conclusive proof of mailing.
11. 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 May 3, 2005. 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 May
3, 2005, shall be counted.
12. 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.
13. That the Proposition shall require the affirmative votes oftwo-thirds of the votes cast
on said Proposition at the special election for adoption.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 25th Day of January, 2005, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Galloway, Chavez, Hernandez
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF HEIM
By
MA OR OF THE Y ANAHEIM
ATTES
C CLERK F TH CITY OF ANAHEIM
56917.2/smann/0l / 11 /OS
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