2005-087RESOLUTION N0.2005 - 87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DETERMINING THAT CERTAIN CHANGES IN
THE FACILITIES FINANCED BY COMMUNITY FACILITIES
DISTRICT N0.1989-1 (SYCAMORE CANYON) 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. 1989-1 (Sycamore
Canyon} (the "District") pursuant to the MellaRoos 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 47 in the Maps of Assessments and Community Facilities Distric#s 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-238 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 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. 2004R-238 which were filed 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. 2005-08 calling a special election of the qualified electors within said
District pursuant #o 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.
1989-1 (Sycamore Canyon), 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 #o 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 Propositions 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 bylaw; and
WHEREAS, at leasttwo-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 East Santa Ana Canyon Road, which real property was partially acquired with
funds of Community Facilities District No. 1989-1 (Sycamore Canyon), 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 by law, shall record notice of the
aforesaid change pursuant to any applicable requirements of Section 3117.5 of the
Streets and Highways Code.
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, Galloway
NOES: None
ABSENT: None
ABSTAIN: None
CITY O NAHEIM
By
MAYOR OF THE C OF
ANAHEIM
ATTE T:
IN CLERK OF THE CITY OF ANAHEIM
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