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Home My WebLink About91-71 - Special Election - Community Facilities District No. 91-1 (Plaza Tower Public Improvements)RESOLUTION NO. 91-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CALLING FOR A SPECIAL ELECTION RELATING TO CITY OF COSTA MESA COMMUNITY FACILITIES DISTRICT NO. 91-1 (PLAZA TOWER PUBLIC IMPROVEMENTS). THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS WHEREAS, on this date, the City Council adopted Resolution No. 91-69 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING FORMATION OF COSTA MESA COMMUNITY FACILITIES DIS- TRICT NO. 91-1 (PLAZA TOWER PUBLIC IMPROVEMENTS), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIA- TIONS LIMIT FOR THE DISTRICT, AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT" (the "Resolution of Formation"); and WHEREAS, on this date, the City Council also adopted Resolution No. 91-70 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE CITY OF COSTA MESA COMMUNITY FACILITIES DISTRICT NO. 91-1 (PLAZA TOWER PUBLIC IMPROVEMENTS) AND SUBMITTING A PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT" (the "Resolution to Incur Indebtedness"), deter- mining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $3,200,000.00 upon the security of said special tax to be levied with City of Costa Mesa Community Facilities District No. 91-1 (the "District"); and WHEREAS, pursuant to the provisions of said resolutions, the proposi- tions of the levy of said special tax, the establishment of the appropria- tions limit and incurring the bonded indebtedness shall be submitted to the qualified electors of the District as required by the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"); NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: 1. Pursuant to Sections 53326, 53353.5, and 53325.7 of the Act, the issues of the levy of said special tax, the incurring of bonded indebtedness, and establishment of said appropriations limits shall be submitted to the qualified electors of the District at an election called therefor as provided below. 2. As authorized by Section 53353.5 of the Act, the three proposi- tions described in paragraph 1 above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit "A" and by this reference incorporated herein. Said form of ballot is hereby approved. 3. This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this City Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, this City Council finds that for purposes of these proceedings, the qualified electors are the landowners within the District 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 as of the close of said public hearings. 4. This City Council hereby calls a special election to consider the measures described in paragraph 2 herein, which election shall be held in the chambers of this City Council immediately following adoption of this resolution. The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowl- edged that the City Clerk has on file the Resolution of Formation, a certified map of the proposed boundaries of the District, and a sufficient description to allow the City Clerk to determine the boundaries of the District. The voted ballots shall be returned to the City Clerk immediately following the adoption of this resolution; and when all of the qualified voters have voted, the election shall be closed. 5. Pursuant to Section 53327 of the Act, the election shall be con- ducted by mail or hand -delivered ballot pursuant to Section 1340 of the California Elections Code. This City Council hereby finds that paragraphs (a), (b), (c)(1), and (c)(3) of said Section 1340 are applicable to this special election. 6. This City Council acknowledges that the City Clerk has caused to be delivered to each of the qualified electors of the District, a ballot in the form set forth in Exhibit "A" hereto. Each ballot indicates the number of votes to be voted by the respective land- owner to which it pertains. Each ballot was accompanied by all supplies and written instruc- tions necessary for use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had 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 author- ized 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 described in clause (b) above; and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act. 7. The City Clerk shall accept the ballots of the qualified electors in the meeting room of this City Council upon and prior to the adoption of this resolution, whether said ballots be personally delivered or received by mail. The City Clerk shall have avail- able at said location, ballots which may be marked on the election day by said qualified electors. 8. This City Council further finds that the provision of Section 53326 of the Act, requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before said special election, is for the protection of the qualified electors of the District. The voted ballots of the landowners within the District contain a waiver of the time limit pertaining to the conduct of the election. Accordingly, this City Council finds and determines that said qualified electors have been fully apprised of and have agreed to the shortened time for the election and have thereby been fully protected in these proceedings. This City Council also finds and determines that the City Clerk has con- curred in the shortened time for the election. 9. The City Clerk is hereby directed to publish in a newspaper of general circulation, circulating within the area of the District, a copy of this resolution and a copy of the Resolution to Incur Indebtedness as soon as practicable after the date of adoption of this resolution. PASSED AND ADOPTED this 19th day of August, 1991. ATTEST: I Ci y Clerk of t e City of Costa esa Mayor o the City of Costa Mesa 233 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and fore- going Resolution No. 91-71 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 19th day of August, 1991, by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buff a, Humphrey, Erickson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 20th day of August, 1991. V. City Clerk and ex -officio Clerk the City Council of the City of Cos Mesa THE CITY OF COSTA MESA Community Facilities District No, 91-1 (Plaza Tower Public improvements) OFFICIAL BALLOT SPECLA,L TAX ELECTION 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 Costa Mesa no later than immediately after adoption of the resolution of the City Council calling said election on August 19, 1991, either by mail or in person. The City Clerk's office is located at 77 Fair Drive, Costa Mesa, California, 92626. To vote, mark a cross (X) on the voting line after the word "YES" or after the word "NO". 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 Costa Mesa and obtain another. BALLOT MEASURE: Shall the City of Costa Mesa incur an indebtedness and issue bonds in one or more series in the maximum aggregate principal amount of $3,200,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such Yes: bonds on behalf of the City of Costa Mesa Community Facilities District No. 91-1 (Plaza Tower Public Improvements) (the "District"), the proceeds of which will be used to finance certain public improvements; shall a No: special tax payable solely from lands within the District be levied annually upon lands within the District to pay for the principal and interest upon such bonds and the costs of the City in administering the District, and shall the annual appropriations limit of the District be established in the amount of $20,000,000? By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code. Number of Votes: Property Owners: A-1 REs. q!-7