RES-8622 Calling Special Election Regarding Community Facilities District No. 91-2 Serrano HeightsRESOLUTION NO. 8622
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE CALLING SPECIAL ELECTION REGARDING
ESTABLISHMENT OF IMPROVEMENT AREAS WITHIN THE
CITY OF ORANGE COMMUNITY FACILITIES DISTRICT NO.
91.2 (SERRANO HEIGHTS PUBLIC IMPROVEMENTS), AND
DETERMINING THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAXES, THE AUTHORIZED
FACILITIES, AND THE BONDED INDEBTEDNESS AND
APPROPRIATIONS LIMITS FOR SUCH AREAS
WHEREAS, under the provisions of the Mello-Roos Community Facilities Act of
1982,as amended (the "Act") and in furtherance of its proceedings in connection with the City
of Orange Community Facilities District No. 91-2 (Serrano Heights Public
Improvements) (the District"), the City Council of the City of Orange (the "City") adopted a Resolution on
April 9,1996 entitled "A Resolution of the City Council of the City of Orange
Designating Improvement Areas Within the City of Orange Community Facilities District No. 91-2 (
Serrano Heights Public Improvements), of Consideration to Alter the Rate and Method of
Apportionment of Special Taxes and the Authorized Facilities for Such Areas and Otherwise
Amending Prior Resolutions With Respect to Bonded Indebtedness and Appropriations Limits for
Such Areas" (the Resolution of Consideration"), which Resolution of
Consideration designated Improvement Area No.1 of the City of Orange Community Facilities District No.
91-2 (Serrano Heights Public Improvements) ("Area 1 of CFD 91-2"), and Improvement Area No.
2 of the City of Orange Community Facilities District No. 91-2 (
Serrano Heights Public
Improvements) ("Area 2 of CFD 91-2");WHEREAS, the Resolution of Consideration also
amended and/or provided for a rate and method of apportionment of special taxes,
the facilities proposed to be financed, the bonded indebtedness limit and the appropriations limit for each
of Area 1 of CFD 91-2 and Area 2 of CFD 91-2, subject to the approval
of at least two-thirds of the qualified elections of the District and the improvement
areas, and called for a public hearing on the proposed
alterations and amendments set forth in the Resolution of Consideration;WHEREAS, the
Resolution of Consideration, which makes reference to the revised map of the boundaries of
the District delineating the improvement areas and contains a description of the proposed
rate and method of apportionment of special taxes, authorized facilities,bonded indebtedness limit and
appropriations limit for each of the two improvement areas, is on file with the City Clerk
and the provisions thereof are incorporated
herein by this reference as if fully set forth herein;WHEREAS, on this date, this
City Council held a noticed public hearing as required by the Act and
the Resolution of Consideration relative to the
proposed alterations and amendments described in the Resolution of Consideration;WHEREAS, at said hearing
all interested persons desiring to be heard on all matters pertaining to
the proposed alterations and amendments described in the Resolution of Consideration
were heard and a full and fair hearing was held;WHEREAS,
written protests with respect to the proposed alterations and amendments described in the Resolution of Consideration
have not been filed with the City Clerk by fifty percent (50%) or more of the
registered voters residing within the territory of the District or either of the improvement areas of the District,
the area of land within the District or of the area of land within either of the improvement areas
of the District; and
WHEREAS, the proposition of the approval of the rate and method of apportionment
of special taxes, authorized facilities, bonded indebtedness limit and appropriations limit for
each of Area 1 of CFD 91-2 and Area 2 of CFD 91-2 shall be submitted to the
qualified electors of the District and such improvement areas, as required by
the Act.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES HEREBY RESOLVE
AS FOLLOWS:Section 1. The foregoing recitals are true and correct. The designation of the areas
in the District as Improvement Area No.1 and Improvement Area No.2, respectively, of
the District,as set forth in Section 2 of the Resolution of Consideration and delineated on the
map attached thereto as Exhibit A as the West Parcel and the East Parcel, respectively, is
hereby confirmed.Section 2. The proposed rate and method of apportionment of the special tax
to be levied within, the facilities to be financed by and the bonded indebtedness
limit and appropriations limit for, each of Area 1 of CFD 91-2 and Area 2 of CFD 91-2,
as set forth in the Resolution of Consideration, have not been precluded by
majority protest pursuant to Section
53337 of the Act.Section 3. All prior proceedings taken by this City Council
in connection with the District, Area 1 of CFD 91-2, Area 2 of CFD 91-2 and the
establishment of a rate and method of apportionment of special taxes, facilities to
be financed, bonded indebtedness limit and appropriations limit for each of such improvement areas as
set forth in the Resolution of Consideration have been duly considered and are hereby found
and determined to be valid and in conformity
with the requirements of the Act.Section 4. Notwithstanding any prior resolution
adopted by the City Council in connection with the District, the rate and method
of apportionment of special taxes, facilities authorized to be financed by and bonded
indebtedness limit and annual appropriations limit for each of Area 1 of CFD 91-2 and Area 2 of CFD 91-
2 shall
be as specified in the Resolution of Consideration.Section 5. Pursuant to the Act, the
proposed rate and method of apportionment of the special tax to be levied within, the facilities
to be financed by, and the bonded indebtedness and annual appropriations limit for each of
the improvement areas of the District shall be submitted to the qualified electors of the
District and each improvement area therein
at an election called therefor as provided below.Section 6. The proposition of the
rate and method of apportionment of special taxes,facilities authorized to be
financed by and bonded indebtedness limit and annual appropriations limit for each of Area 1 of CFD 91-2
and Area 2 of CFD 91-2 shall be submitted to the qualified electors of the District, Area 1
of CFD 91-2 and Area 2 of CFD 91-2, as applicable, in two ballot measures,
the forms of which are attached hereto as Exhibit A and
by this reference incorporated herein. Said form of ballot is hereby approved.Section 7.
This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the District
and/or Area 1 of CFD 91.2 and/or Area 2 of CFD 91.2 for each
of the 90 days preceding the close of the public hearing heretofore conducted and
concluded by the City Council for the purposes of the Resolution of Consideration. Accordingly,
and pursuant to Section 53326(b) of the Act, this City Council finds that for
purposes
District, Area 1 of CFD 91-2 and Area 2 of CFD 91-2, as applicable, and that the vote
shall be by said landowners or their authorized representatives, each having one vote for each
acre or portion thereof such landowner owns in the District, Area 1 of CFD 91-2 and Area
2 of CFD 91.2, as applicable, as of the close of
said public hearing.Section 8. The City Council hereby calls a special election to
consider the propositions described in Section 6 hereof, which election shall be held in the
City Council Chambers immediately following the adoption of this Resolution. The City Clerk is
hereby designated as the official to conduct said election. The City Clerk has been provided with a
copy of this Resolution, a map of the boundaries of the District, Area 1 of CFD 91-2 and Area
2 of CFD 91,2 and a sufficient description to allow the City Clerk to determine
the boundaries of the District, Area 1 of CFD 91-2 and
Area 2 of CFD 91-2.The voted ballots shall be returned to the
City Clerk not later than immediately following the adoption of this Resolution, and, when all of
the qualified voters have voted, the
election shall be closed and canvassed.Section 9. Pursuant to Section 53327 of the Code,
the election shall be conducted by mail or hand-delivered ballot pursuant to Section
4000 of the California Elections Code. This City Council hereby finds that paragraphs (a), (b), (c) (1) and (
c)(3) of said Section
4000 are applicable to this special election.Section 10. The City Clerk has caused to be delivered
to each of the qualified electors of the District, Area 1 of CFD 91-2 and Area 2 of CFD 91-
2 a ballot in the form set forth in Exhibit A hereto. Each ballot indicated the
number of votes to be
voted by the respective landowner to which it pertains.Each ballot was accompanied
by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be
used to return the ballot was enclosed with the ballot, with the return postage prepaid,
and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty
of perjury, stating that the voter is the owner of record or the authorized representative of
the landowner entitled to vote and is the person whose name appears on the envelope, (c)
the printed name, signature and address of the voter,d) the date of signing and place of
execution of the declaration pursuant to clause (b) above,and (e) a notice that the envelope contained an official
ballot and
was to be opened only by the canvassing board.Analysis and arguments with respect
to the ballot measures have been waived by the qualified electors as set forth in
the voted ballots, andare otherwise hereby waived,
as permitted by Section 53327(b) of the Act.Section 11. The City Clerk shall
accept the ballots of the qualified electors received prior to or immediately following the
adoption of this Resolution, whether said ballots be personally delivered or received by mail. The City
Clerk shall have available ballots which may be
marked on the election day by said qualified electors.Section 12. The City Council hereby
further finds that to the extent that the provisions of Section 53326 of the Act require a
minimum of 90 days following the adoption of this Resolution to elapse before said special
election, such provisions are for the protection of the qualified electors of the District, Area 1 of CFD
91-2 and Area 2 of CFD 91-2. This City Council finds and determines that
the sole qualified elector has been fully apprised of and has agreed to waive such minimum
time for the election, as evidenced by the inclusion of such waiver in the ballot
of
proceedings. The City Council also finds and determines that the City Clerk has concurred in
the shortened time for the election.
Section 13. This Resolution shall take effect immediately upon its adoption.
ADOPTED this 14th day of May, 1996.
1 d
ATTEST:
25027-
03:}2153
0412R/Q6
I hereby certify that the foregoing Resolution was duly and regularly adopted by the City
Council of the City of Orange at a regular meeting thereof held on the 14th day of May, 1996, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: HURPHY, BARRERA, COONTZ, SPURGEON. SI"ATER
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
4
EXHIBIT A
CITY OF ORANGE
COMMUNITY FACILITIES DISTRICT NO. 91-
2 SERRANO HEIGHTS PUBLIC IMPROVEMENTS)
AND IMPROVEMENT AREA NO.1 AND IMPROVEMENT AREA NO.2
THEREOF OFFICIAL
BALLOT SPECIAL ELECTION REGARDING DETERMINATION
OF RATE AND METHOD OF APPORTIONMENT OF SPECIAL
TAXES,FACILITIES TO BE FINANCED, BONDED INDEBTEDNESS LIMIT
AND ANNUAL APPROPRIATIONS LIMIT FOR IMPROVEMENT
AREAS May 14,
1996)This ballot is for a special, landowner election. You must return this ballot in the
enclosed postage paid envelope to the office of the City Clerk of the City of Orange no later than
immediately after the adoption of the resolution of the City Council of the City calling said election, either by mail
or in person. The City Clerk's office is located at 300 East Chapman Avenue, Orange, California
92666.To vote, mark a cross (X) on the voting line after the word ''YES'' or after the word ''NO'' for
each of the two ballot measures. All marks otherwise made are forbidden. All distinguishing marks
are forbidden and make the ballot
void.If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of
Orange and obtain
another.BALLOT MEASURE: Shall the rate and method
of apportionment of the special taxes to be levied within
Improvement Area No.1 of the City of Orange Community Facilities District No.
91.2 (Serrano Heights Public Improvements), the facilities to be financed
Yes:by said improvement area and the bonded indebtedness limit
and annual appropriations limit for said improvement area be as
described in the resolution of the City Council of the City of Orange, adopted
No:May 14, 1996, entitled "A Resolution of the City Council of the City
of Orange Calling Special Election Regarding Establishment
of Improvement Areas Within the City of drange Community
Facilities District No. 91.2 (Serrano Heights Public Improvements),
and Determining the Rate and Method of Apportionment of Special
Taxes,the Authorized Facilities, and the Bonded Indebtedness
and Appropriations Limits for Such
Areas"?BALLOT MEASURE: Shall the rate and method
of apportionment of the special taxes to be levied within
Improvement Area No.2 of the City of Orange Community Facilities District No.
91-2 (Serrano Heights Public Improvements), the facilities to be financed
Yes:by said improvement area and the bonded indebtedness limit
and annual appropriations limit for said improvement area be as
described in the resolution of the City Council of the City of Orange, adopted
No:May 14, 1996, entitled "A Resolution of the City Council of the City
of Orange Calling Special Election Regarding Establishment
of Improvement Areas Within the City of Orange Community
Facilities District No. 91-2 (Serrano Heights Public
Improvements), and Determining the Rate and Method of Apportionment of
Special Taxes,the Authorized Facilities, and the Bonded
Indebtedness and Appropriations Limits for
By execution in the space provided below, you also indicate your waiver of the time limitpertainingtotheconductoftheelectionandanyrequirementforanalysisandargumentswithrespecttothebaIlotmeasure, as such waivers are described and permitted by Sections 53326(a) and 53327(b) oftheCaliforniaGovernmentCode.
Number of Votes for
Improvement Area No.1:
Orange County Assessor's parcel
numbers of land owned within
Improvement Area No.1:
Number of Votes for
Improvement Area No.2:
Orange County Assessor's parcel
numbers of land owned within
Improvement Area No.2:
Property Owner of all land
within both of said
Improvement Area No.1 and
Improvement Area No.2:
226
85-551-40,85.
551.
55 307 85-521.93,85.531-
15,85.551-44,85-551-49,85.551-
50,85.
581-66,85.581-68,85.
581-70,
and 85-601.77
California Quartet, a California Limited Partnership CALIFORNIA
QUARTET,a California
limited partnership By:Aradi, Ltd., a Nevada
limited partnership,
its
general
partner