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HomeMy Public PortalAbout12-070RESOLUTION NO. 12 -070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CALLING FOR A SPECIAL ELECTION FOR THE COMMUNITY FACILITIES DISTRICT NO. 2012 -1 OF THE CITY OF CARSON (THE BOULEVARDS AT SOUTH BAY — REMEDIAL SYSTEMS - OPERATIONS MAINTENANCE AND MONITORING) WHEREAS, on this date, the City Council (City Council) of the City of Carson (City) adopted a resolution entitled "A Resolution of the City Council of the City of Carson of Formation of the Community Facilities District No. 2012 -1 of the City of Carson (The Boulevards at South Bay - Remedial Systems- OM &M), authorizing the levy of a Special Tax within the District and establishing an appropriations limit for the District" (Resolution of Formation), establishing the City of Carson Community Facilities District No. 2012 -1 (Carson Marketplace Remedial Systems -OM &M) (Community Facilities District), authorizing the levy of a special tax within the Community Facilities District and establishing an appropriations limit for the Community Facilities District; and WHEREAS, pursuant to the provisions of said resolution, the propositions to levy a special tax within the Community Facilities District to fund Maintenance Services (as defined in the Resolution of Formation) and to establish an appropriations limit for the Community Facilities District are to be submitted to the qualified electors of the Community Facilities District as required by the Mello -Roos Community Facilities Act of 1982 (constituting California Government Code Sections 53311 et seq. (Act). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carson as follows: Section 1. The above recitals are true and correct and incorporated herein by this reference. Section 2. Pursuant to Sections 53326 and 53325.7 of the Act, the propositions to levy a special tax within the Community Facilities District to fund Maintenance Services and Incidental Expenses (as described in the Resolution of Formation) and to establish an appropriations limit for the Community Facilities District in an amount not to exceed $10,000,000 shall be submitted to the qualified electors of the Community Facilities District at an election called therefore as provided below. Section 3. As authorized by Section 53353.5 of the Act, the propositions to levy a special tax within the Community Facilities District and to establish an appropriations limit for the Community Facilities District shall be combined into one ballot proposition. Section 4. The City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearings heretofore held by the City Council for the purposes of RESOLUTION NO. 12 -070 PAGE 2 OF 6 these proceedings. Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the landowners of the Community Facilities District and each landowner who is the owner of record as of the close of such public hearings and not exempt from the special tax, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District. Section 5. The City Council hereby determines that the services to be funded by the Community Facilities District are necessary to meet increased demands placed upon local agencies as a result of development or rehabilitation occurring in the Community Facilities District. The City Council determines that assisting with the Maintenance Services assists the City in its long range land use planning as it allows the City to assist in making productive use of the former landfill. By facilitating the clean -up of the landfill, the City is creating jobs, housing and sales tax to improve the lives and safety of its residents. The project and the funding are beneficial to the public and the city. Development of the project would not have occurred without the assistance of the former Carson Redevelopment Agency and the efforts of the City and the developer. Section 6. The City Council hereby calls a special election to submit to the qualified electors of the Community Facilities District the combined proposition to levy a special tax within the Community Facilities District and to establish an appropriations limit for the Community Facilities District, which election shall be held at City Hall Council Chambers, 701 Carson Street, Carson California, on September 4, 2012 at 6 p.m. for the purposes enumerated in the foregoing proposition which shall be united and voted upon as one single proposition, and together shall constitute the specific single purpose election. The City Clerk of the City (the "City Clerk ") is hereby designated as the official to conduct said election. The City Council has caused to be provided to the City Clerk the Resolution of Formation, a certified map of sufficient scale and clarity to show the boundaries of the Community Facilities District, and a sufficient description to allow the City Clerk to determine the boundaries of the Community Facilities District. The voted ballots shall be returned to the City Clerk not later than 6 p.m. on September 4, 2012 provided, however, that if all of the qualified electors have voted prior to such time, the election may be closed with the concurrence of the City Clerk. Section 7. Pursuant to Section 53327 of the Act, the election shall be conducted by mail or hand - delivered ballot pursuant to Section 4000 of the California Elections Code. The City Council hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of said Section 4000 are applicable to this special election; provided however such requirements may be waived by the landowner pursuant to the Act. Section 8. The form of the ballot for said election is attached hereto as Exhibit A and by this reference incorporated herein, and such form of ballot is hereby approved. The City Clerk shall cause to be delivered to each of the qualified electors of the Community Facilities District a ballot in said form. Each ballot shall indicate the number of votes to be voted by the respective landowner to which it pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The identification envelope for return of the ballot shall be [MORE] RESOLUTION NO. 12 -070 PAGE 3 OF 6 enclosed with the ballot, shall have the return postage prepaid, and shall contain: (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 identification 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 proposition are hereby waived, as provided in Section 53327 of the Act. Section 9. The City Clerk shall accept the ballots of the qualified electors in the City Clerk's office to and including 6:00 p.m. on September 4, 2012, whether said ballots be personally delivered or received by mail. The City Clerk shall have available ballots which may be marked at said location on the election day by said qualified electors. Section 10. The Communities Facilities District hereby incorporates the terms set forth in the Resolution of Formation. Section 11. The City Council hereby finds that the provision of Sections 53326 and 53327 of the Act requiring the special election to be held at least 90 days following the adoption of the Resolution of Formation is for the protection of the qualified electors of the Community Facilities District. There is on file with the City Clerk a written request and waiver executed by each of the qualified electors of the Community Facilities District requesting a shortening of the time for said special election to expedite the process of formation of the Community Facilities District, waiving any requirement for analysis and arguments in connection with the election and waiving any other requirements for and notice of the election. Accordingly, the 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 waiver of analysis and arguments, waiver of notice and other requirements, and have thereby been fully protected in these proceedings. The City Council also finds and determines that the City Clerk has concurred in the shortened time for the election based on a certificate signed by the City Clerk concurring therein. Section 12. Upon approval of the proposition contained herein, the Community Facilities District shall take such actions as may be necessary to establish an account for deposit of the proceeds of special taxes. Section 13. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the City Council hereby establishes the following accountability measures pertaining to the levy by the Community Facilities District of the special tax ( "Special Tax ") described in the Resolution of Formation and in the Resolution of Intention: A. Such Special Tax shall be levied for the specific purposes set forth therein. B. The proceeds of the levy of such Special Tax shall be applied only to the specific purposes set forth therein, being Maintenance Services and Incidental Expenses (as defined therein). [MORE] RESOLUTION NO. 12 -070 PAGE 4 OF 6 C. The Community Facilities District shall establish an account or accounts into which the proceeds of such Special Tax shall be deposited. D. The City Manager and /or Treasurer, or his or her designee, acting for and on behalf of the Community Facilities District, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3. Section 14. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 4th day of September, 2012. ATTEST: City Clerk Do APPROVED AS TO FORM: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF CARSON ss. Mayor Jim Dear I, Donesia L. Gause, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council is five; that the foregoing resolution, being Resolution No. 12 -070 was duly and regularly adopted by said Council at a regular meeting duly and regularly held on the 4th day of September, 2012, and that the same was passed and adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCIL MEMBERS: Mayor Dear, Ruiz - Raber, Santarina, Gipson and Davis - Holmes COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: None r. [MORE] RESOLUTION NO. 12 -070 PAGE 5 OF 6 EXHIBIT A OFFICIAL BALLOT LOS ANGELES COUNTY September 4, 2012 SPECIAL 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 Carson no later than 6:00 p.m. on September 4, 2012, either by mail or in person. The City Clerk's office is located at 701 E. Carson Street Carson, California. INSTRUCTIONS TO VOTERS: To vote on the measure, mark a cross ( +) in the voting square after the word "YES" or after the word "NO ". All distinguishing marks or erasures 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 Carson and obtain another. COMMUNITY FACILITIES DISTRICT NO. 2012-1 OF THE CITY OF CARSON (THE BOULEVARDS AT SOUTH BAY - REMEDIAL SYSTEMS -OM &M) PROPOSITION A: MEASURE SUBMITTED TO VOTE OF VOTERS: Shall the Community Facilities District No. 2012 -1 of the City of Carson (The Boulevards at South Bay Remedial Systems -OM &M) be authorized to levy a special tax in order to fund certain Maintenance Services and Incidental Expenses, Yes: 0 and shall the annual appropriations limit of the Community Facilities District be established in the amount of $10,000,000, all as specified and pursuant to No: ❑ the terms in the resolution entitled "A Resolution of the City Council of the City of Carson of Formation of the Community Facilities District No. 2012 -1 of the City of Carson (The Boulevards at South Bay - Remedial Systems- OM &M), Authorizing the Levy of a Special Tax within the District and Establishing an Appropriations Limit for the District" adopted by the City Council of the City of Carson on September 4, 2012? [MORE] RESOLUTION NO. 12 -070 PAGE 6 OF 6 All of the purposes enumerated in the foregoing proposition shall be united and voted upon as one single proposition, and together shall constitute the specific single purpose which is the levy of a special tax to fund maintenance services as described in the above - mentioned resolutions. 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 Sections 53326(a) and 53327(b) of the Mello -Roos Community Facilities Act of 1982. Number of Votes: Landowner: Landowner oe °"� , City of Carson ?; Report to Mayor and City Council F , July 172012 Special Orders of the Day • SUBJECT: CONTINUED PUBLIC HEARING TO CONSIDER RESOLUTION NO. 12-069 FORMING COMMUNITY FACILITIES DISTRICT NO. 2012-1, RESOLUTION NO. 12-070 CALLING A SPECIAL ELECTION FOR COMMUNITY FACILITIES DISTRICT NO. 2012-1 AND RESOLUTION NO. 12-071 DECLARING THE RESULTS OF A SPECIAL ELECTION, AND AN ORDINANCE NO. 12-1492 LEVYING TAXES RELATING TO THE CREATION OF COMMUNITY FACILITIES DISTRICT 2012-1 (THE BOULEVARDS AT SOUTH BAY-REMEDIAL SYSTEMS-OPERATIONS, MAINTENANCE AND MONITORING) 4� - 1)6 11'1461 a 01 Submitted b '. 1 ord W.— raves Approved by David C. Biggs Economic Development General Manager City Manager SUMMARY On April 17, 2012, the City Council adopted Resolution No. 12-043 (Resolution) expressing its intent to form Community Facilities District No. 2012-1 of the City of Carson (the Boulevards at South Bay-Remedial Systems OM&M) (District), and levy special taxes to fund the continued maintenance of the environmental remediation at the Boulevards at South Bay over the life of the project. On June 6, 2012, the City Council continued the public hearing to July 17, 2012, upon finding the complexity of the District and need for public participation pursuant to the Mello Roos Community Facilities Act of 1982. The City is now required to hold a public hearing to determine if there are any protests to the formation of the District. Staff has filed a Community Facilities District (CFD) report with the City Council describing the Maintenance Services and costs of these services needed to meet the needs of the District. The CFD report is attached as Exhibit No. 1. Following the public hearing, assuming there is no majority protest, the Council may form the District, and an election will be held to put the question of levying special taxes to fund the services and establishing an appropriations limit before the landowners in a landowner election. As of the date of this report, the City has not received any protests to establishing the District. The City has received certain waivers of time periods, arguments and notices relating to conducting the election from landowners. Such waivers are on file at the City Clerk's office. The financing meets, at this time, all City policies and procedures with respect to financing such services required to be met prior to the establishment of the District. I 0 City of Carson Report to Mayor and City Council July 172012 II. RECOMMENDATION TAKE the following actions: 1. OPEN the continued public hearing, TAKE public testimony, and CLOSE the continued public hearing. 2. WAIVE further reading and ADOPT Resolution No. 12-069, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, FOR THE FORMATION OF THE COMMUNITY FACILITIES DISTRICT NO. 2012-1 OF THE CITY OF CARSON (THE BOULEVARDS AT SOUTH BAY - REMEDIAL SYSTEMS - OPERATIONS, MAINTENANCE AND MONITORING), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT AND ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT." 3. WAIVE further reading and ADOPT Resolution No. 12-070, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CALLING FOR A SPECIAL ELECTION FOR THE COMMUNITY FACILITIES DISTRICT NO. 2012-1 OF THE CITY OF CARSON (THE BOULEVARDS AT SOUTH BAY - REMEDIAL SYSTEMS-OPERATIONS MAINTENANCE AND MONITORING)." 4. CONDUCT ELECTION by opening ballots, WAIVE further reading and ADOPT Resolution No. 12-071, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE COMMUNITY FACILITIES DISTRICT NO. 2012-1 OF THE CITY OF CARSON (THE BOULEVARDS AT SOUTH BAY - REMEDIAL SYSTEMS - OPERATIONS, MAINTENANCE AND MONITORING), DECLARING THE RESULTS OF A SPECIAL ELECTION RELATING TO THE CREATION OF A COMMUNITY FACILITIES DISTRICT." 5. WAIVE further reading and ADOPT Ordinance No. 12-1492, "AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2012-1 OF THE CITY OF CARSON (THE BOULEVARDS AT SOUTH BAY - REMEDIAL SYSTEMS - OPERATIONS, MAINTENANCE AND MONITORING) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN SAID DISTRICT." 2 City of Carson Report to Mayor and City Council July 172012 III. ALTERNATIVES 1. Deny the recommendations. 2. Approve to continue hearing to different date. 3. Take another action the City Council deems appropriate. IV. BACKGROUND The Mello-Roos Community Facilities Act of 1982 (Act) provides a financing mechanism to fund certain public improvements and services. On July 25, 2006, the Carson Redevelopment Agency approved the Owner Participation Agreement between Carson Marketplace, LLC and the Agency. The Agreement was amended on May 20, 2008, and March 9, 2009 (collectively known as OPA). The terms of the OPA included the formation of a CFD for certain public infrastructure improvements on the site and reimbursement of debt service payments from the Merged and Amended Project Area tax increment. The OPA contemplates that the Agency will issue CFD Bonds to reimburse up to $20 million in actual public infrastructure costs due to the scale and scope of the project and costly process of remediating the old landfill site and converting it to a usable project. The term of the infrastructure CFD Bonds will not exceed the remaining term of the Merged and Amended Project Area or years 2033/34. ABX126, as amended by AB 1484 (also known as the Redevelopment Dissolution Bill), may affect some of the Successor Agency's obligations under the OPA. ABX126 dissolved redevelopment agencies, and the implementation of the law is not quite clear, nor is its effect on the Agency's obligations, including the OPA. The Successor Agency, with the assistance of the City and the support of the developer, is moving forward with items listed in the OPA, including the formation of the CFD. The City is also moving forward with the remediation of CFD discussed herein as a mechanism to fund ongoing maintenance. For several years, the parties have been discussing this mechanism for funding ongoing maintenance; however, the environmental CFD was not a requirement of the OPA. The OPA also provided for the funding of the remediation improvements, which are currently in progress, including (a) a landfill cap (geomembrane) and other associated protective systems and layers over existing waste, (b) an active gas collection and treatment system designed to remove landfill gasses, including methane and volatile organic compounds, migrating upward from under the landfill cap, (c) a groundwater collection and treatment system designed to contain the groundwater plume and treat the extracted groundwater prior to discharge, (d) a building protection system consisting of a secondary membrane liner adhered to foundation slabs, passive venting systems and monitoring equipment to be installed in the buildings to be built on the land, and (e) an 3 City of Carson Report to Mayor and City Council July 17 2012 the hotel (projected at 2.155%) and apartment projects (projected at 2.155%) and for certain retail properties (projected between 2.155% and 2.853%). The projected tax burden meets the criteria of the policy which specifies the 2% limit for residentially owned properties. Apartment, hotel and commercial property owners are considered sophisticated commercial owners and investors and can assess the impact of higher tax rates. The policy does not require the 2% limit for such properties and allows such exceptions. These calculations are based on the current charges identified on the Los Angeles County property tax bills, discussions with overlapping taxing agencies, proposed CFD special taxes, and on development and estimated assessed value information provided by the developer. The proposed CFD also provides a public benefit by helping to facilitate the development of the Boulevards at South Bay and the cleanup of an unusable landfill property. The City is required to find that the services to be funded by the Community Facilities District are necessary to meet increased demands placed upon local agencies as a result of development or rehabilitation occurring in the Community Facilities District. Staff believes that assisting with the maintenance services assists the City in its long-range land use planning, as it allows the City to assist in making productive use of the former landfill. By facilitating the clean-up of the landfill, the City is creating jobs, housing and sales tax to improve the lives and safety of its residents. The project and the funding are beneficial to the public and the City. Development of the project would not have occurred without the assistance of the former Redevelopment Agency and the efforts of the City and the property owner. No special tax shall be levied on sub-surface lots or the operations center property. Additionally, no special tax shall be levied on public property and/or property owner association property in CFD No. 2012-1. Considering the impact and cost of the clean-up systems on the old landfill to effectuate the project, the fact that the project will create jobs, sales tax, and further residences in the City, the project and funding is beneficial to the public and in the interests of the City and public as required by the Land Secured Financing Policy. The first step in the formation of the CFD is for the City to express its intention to form the CFD. The resolution of intention describes the services to be funded, attaches a map of the scope of the CFD, and describes the special tax formula. This step was approved by the City Council on April 17, 2012. The City Council adopted a resolution of intention to form the CFD and set a public hearing for June 6, 2012, to receive input or protests from interested tax-payers, 5 City of Carson Report to Mayor and City Council July 172012 property owners and the general public. Property owners were notified of the hearing, and the City Clerk published notice of the hearing in Our Weekly newspaper on May 24, 2012. The hearing relates to the remedial services to be provided in the District and the rate and method of apportionment of the District. On June 6, 2012, due to the complex nature of the District, city staff and the developer requested that the City Council continue the hearing to July 17, 2012. Pursuant to the Resolution of Intention, city staff has prepared a CFD report regarding the services to be provided in the District. The CFD report is attached as Exhibit No. 1 and describes the environmental maintenance services and incidental expenses and costs of these items. An estimate of such cost is identified in Attachment A and Attachment B of the CFD report. The California Department of Toxic Substances Control requires the property owner to fund an insurance policy at 10-year intervals to provide coverage for third-party claims for bodily injury, property damage and clean-up costs arising from on-site or off- site pollution conditions. The property owner has already purchased its initial policy in the aggregate policy amount of one hundred million dollars ($100,000,000) which will need to be renewed in the year 2016. The taxes are generally proposed to be as follows: Hotel property: $800.00 per unit per year Apartment property: $1,000.00 per unit Commercial property: $0.75 per square foot of non-residential leasable area There is a backup tax if the levy is insufficient. The property owner/developer will also arrange for a back-up special assessment by a property owners association or other methodology to the extent special taxes are not collected or are insufficient to fund operations and monitoring. The special assessment will allow for efficient foreclosure of the property. The City will not be responsible for initiating foreclosure for nonpayment of taxes. Following the completion of the hearing, the City will determine whether to form the District depending on the number of written protests received. Once the City has formed the District, an election will be called and held related to the special tax and the setting of an appropriations limit. The property owner can waive certain time periods with respect to the election and has done so. Once the election takes place and if a 2/3rds vote is received, the City may adopt an ordinance levying the tax. The election will be a special tax election of the landowners in the CFD. The obligation to pay the special tax is equal to the obligation to pay for the infrastructure special taxes. Copies of the remedial action plan and related documents for the property are available at the Planning Division, City Hall and/or on file with the City Clerk. 6 Report to Mayor and City Council City of Carson {� July 17 2012 r v. FISCAL IMPACT No direct impact on City general fund costs. All costs of CFD formation are funded by the Applicants Deposits and Reimbursement Agreement. The special taxes levied by the CFD will fund all other ongoing costs. VI. EXHIBITS 1. Draft CFD report. (pgs. 8-39) 2. Resolution No. 12-069 (Resolution forming District). (pgs. 40-57) 3. Resolution No. 12-070 (Resolution calling election). (pgs. 58-64) 4. Resolution No. 12-071 (Resolution declaring election results). (pgs. 65-69) 5. Ordinance No. 12-1492 (Ordinance levying tax). (pgs. 70-83) Prepared by: Anita Luck, Special Counsel TO:Rev03-08-12 Reviewed by: City Clerk City Treasurer ■ Administrative Services Development Services cc ns I is Development Public Services :i.,_�� Action taken by City Council Date Action 7 RESOLUTION NO. 12-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CALLING FOR A SPECIAL ELECTION FOR THE COMMUNITY FACILITIES DISTRICT NO. 2012-1 OF THE CITY OF CARSON (THE BOULEVARDS AT SOUTH BAY — REMEDIAL SYSTEMS — OPERATIONS MAINTENANCE AND MONITORING) WHEREAS, on this date, the City Council (City Council) of the City of Carson (City) adopted a resolution entitled "A Resolution of the City Council of the City of Carson of Formation of the Community Facilities District No. 2012-1 of the City of Carson (The Boulevards at South Bay - Remedial Systems-OM&M), authorizing the levy of a Special Tax within the District and establishing an appropriations limit for the District" (Resolution of Formation), establishing the City of Carson Community Facilities District No. 2012-1 (Carson Marketplace Remedial Systems-OM&M) (Community Facilities District), authorizing the levy of a special tax within the Community Facilities District and establishing an appropriations limit for the Community Facilities District; and WHEREAS, pursuant to the provisions of said resolution, the propositions to levy a special tax within the Community Facilities District to fund Maintenance Services (as defined in the Resolution of Formation) and to establish an appropriations limit for the Community Facilities District are to be submitted to the qualified electors of the Community Facilities District as required by the Mello-Roos Community Facilities Act of 1982 (constituting California Government Code Sections 53311 et seq. (Act). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carson as follows: Section 1. The above recitals are true and correct and incorporated herein by this reference. Section 2. Pursuant to Sections 53326 and 53325.7 of the Act, the propositions to levy a special tax within the Community Facilities District to fund Maintenance Services and Incidental Expenses (as described in the Resolution of Formation) and to establish an appropriations limit for the Community Facilities District in an amount not to exceed $10,000,000 shall be submitted to the qualified electors of the Community Facilities District at an election called therefor as provided below. \ x... N,3 0 Section 3. As authorized by Section 53353.5 of the Act, the propositions to levy a special tax within the Community Facilities District and to establish an appropriations limit for the Community Facilities District shall be combined into one ballot proposition. Section 4. The City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearings heretofore held by the City Council for the purposes of these proceedings. Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the landowners of the Community Facilities District and each landowner who is the owner of record as of the close of such public hearings and not exempt from the special tax, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District. Section 5. The City Council hereby determines that the services to be funded by the Community Facilities District are necessary to meet increased demands placed upon local agencies as a result of development or rehabilitation occurring in the Community Facilities District. The City Council determines that assisting with the Maintenance Services assists the City in its long range land use planning as it allows the City to assist in making productive use of the former landfill. By facilitating the clean-up of the landfill, the City is creating jobs, housing and sales tax to improve the lives and safety of its residents. The project and the funding are beneficial to the public and the city. Development of the project would not have occurred without the assistance of the former Redevelopment Agency and the efforts of the City and the developer. Section 6. The City Council hereby calls a special election to submit to the qualified electors of the Community Facilities District the combined proposition to levy a special tax within the Community Facilities District and to establish an appropriations limit for the Community Facilities District, which election shall be held at City Hall Council Chambers, 701 Carson Street, Carson California, on July 17, 2012 at 6. p.m. for the purposes enumerated in the foregoing proposition which shall be united and voted upon as one single proposition, and together shall constitute the specific single purpose election. The City Clerk of the City (the "City Clerk") is hereby designated as the official to conduct said election. The City Council has caused to be provided to the City Clerk the Resolution of Formation, a certified map of sufficient scale and clarity to show the boundaries of the Community Facilities District, and a sufficient description to allow the City Clerk to determine the boundaries of the Community Facilities District. The voted ballots shall be returned to the City Clerk not later than 6 p.m. on July 17, 2012 provided, however, that if all of the qualified electors have voted prior to such time, the election may be closed with the concurrence of the City Clerk. Section 7. Pursuant to Section 53327 of the Act, the election shall be conducted by mail or hand-delivered ballot pursuant to Section 4000 of the California Elections OHS WEST:260243783.1 43212-4 WWB/WWB 2 Code. The City Council hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of said Section 4000 are applicable to this special election. Section 8. The form of the ballot for said election is attached hereto as Exhibit A and by this reference incorporated herein, and such form of ballot is hereby approved. The City Clerk shall cause to be delivered to each of the qualified electors of the Community Facilities District a ballot in said form. Each ballot shall indicate the number of votes to be voted by the respective landowner to which it pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The identification envelope for return of the ballot shall be enclosed with the ballot, shall have the return postage prepaid, and shall contain: (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 identification 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 proposition are hereby waived, as provided in Section 53327 of the Act. Section 9. The City Clerk shall accept the ballots of the qualified electors in the City Clerk's office to and including 6:00 p.m. on July 17, 2012, whether said ballots be personally delivered or received by mail. The City Clerk shall have available ballots which may be marked at said location on the election day by said qualified electors. Section 10. The City Council hereby finds that the provision of Sections 53326 and 53327 of the Act requiring the special election to be held at least 90 days following the adoption of the Resolution of Formation is for the protection of the qualified electors of the Community Facilities District. There is on file with the City Clerk a written request and waiver executed by each of the qualified electors of the Community Facilities District requesting a shortening of the time for said special election to expedite the process of formation of the Community Facilities District, waiving any requirement for analysis and arguments in connection with the election and waiving any other requirements for and notice of the election. Accordingly, the 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 waiver of analysis and arguments, waiver of notice and other requirements, and have thereby been fully protected in these proceedings. The City Council also finds and determines that the City Clerk has concurred in the shortened time for the election based on a certificate signed by the City Clerk concurring therein. OHS WEST:260243783.1 43212-4 WWB/WWB 3 1 Section 11. Upon approval of the proposition contained herein, the Community Facilities District shall take such actions as may be necessary to establish an account for deposit of the proceeds of special taxes. Section 12. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the City Council hereby establishes the following accountability measures pertaining to the levy by the Community Facilities District of the special tax ("Special Tax") described in the Resolution of Formation and in the Resolution of Intention: A. Such Special Tax shall be levied for the specific purposes set forth therein. B. The proceeds of the levy of such Special Tax shall be applied only to the specific purposes set forth therein, being Maintenance Services and Incidental Expenses (as defined therein). C. The Community Facilities District shall establish an account or accounts into which the proceeds of such Special Tax shall be deposited. D. The City Manager and/or Treasurer, or his or her designee, acting for and on behalf of the Community Facilities District, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3. Section 13. This Resolution shall take effect immediately upon its adoption. APPROVED and ADOPTED by the City Council of the City of Carson on 17th day of July, 2012. Mayor Jim Dear ATTEST: City Clerk Donesia L. Gause, CMC APPROVED AS TO FORM: City Attorney William W. Wynder OHS WEsT260243783.1 43212-4 WWB/WWB 4 + n f CITY OF CARSON ) COUNTY OF LOS ANGELES ) STATE OF CALIFORNIA ) I, DONESIA L. GAUSE, City Clerk of the City of Carson, DO HEREBY CERTIFY that foregoing Resolution was duly passed and adopted at a regular meeting of the Carson City Council held on , 2012, with the following roll call vote, to wit: AYES: CITY COUNCIL MEMBERS: NOES: CITY COUNCIL MEMBERS: ABSENT: CITY COUNCIL MEMBERS: City Clerk Donesia L. Gause, CMC (SEAL) The foregoing is the original Resolution, duly passed and adopted by the Carson City Council at its regular meeting held on July 17, 2012. City Clerk Donesia L. Gause, CMC OHS WEsr:260243783.1 43212-4 WWB/WWB 5 EXHIBIT A OFFICIAL BALLOT LOS ANGELES COUNTY July 17, 2012 SPECIAL 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 Carson no later than p.m. on , 2012, either by mail or in person. The City Clerk's office is located at 701 E. Carson Street Carson, California. INSTRUCTIONS TO VOTERS: To vote on the measure, mark a cross (+) in the voting square after the word "YES" or after the word "NO". All distinguishing marks or erasures 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 Carson and obtain another. COMMUNITY FACILITIES DISTRICT NO. 2012-1 OF THE CITY OF CARSON (THE BOULEVARDS AT SOUTH BAY - REMEDIAL SYSTEMS-OM&M) MEASURE SUBMITTED TO VOTE OF VOTERS: Shall the Community Facilities District No. 2012-1 of the City of Carson (The Boulevards at South Bay Remedial Systems-OM&M) be authorized to levy a special tax in order to fund certain Maintenance Services and Incidental Yes: ❑ Expenses, and shall the annual appropriations limit of the Community Facilities District be established in the amount of $10,00,000, all as specified in the No: ❑ resolution entitled "A Resolution of the City Council of the City of Carson of Formation of the Community Facilities District No. 2012-1 of the City of Carson (The Boulevards at South Bay - Remedial Systems-OM&M), Authorizing the Levy of a Special Tax within the District and Establishing an Appropriations Limit for the District" adopted by A-1 the City Council of the City of Carson on July 17, 2012? All of the purposes enumerated in the foregoing proposition shall be united and voted upon as one single proposition, and together shall constitute the specific single purpose which is the levy of a special tax to fund maintenance services as described in the above-mentioned resolutions. 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 Sections 53326(a) and 53327(b) of the Mello-Roos Community Facilities Act of 1982. Number of Votes: Landowner: Landowner A-2 RESOLUTION NO. 12-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE COMMUNITY FACILITIES DISTRICT NO. 2012-1 OF THE CITY OF CARSON (THE BOULEVARDS AT SOUTH BAY-REMEDIAL SYSTEMS - OPERATIONS, MAINTENANCE AND MONITORING), DECLARING THE RESULTS OF A SPECIAL ELECTION RELATING TO THE CREATION OF A COMMUNITY FACILITIES DISTRICT The City Council of the City of Carson, California (City Council), in its capacity as the legislative body (Legislative Body) of the Community Facilities District No. 2012-1 of the City of Carson (The Boulevards at South Bay-Remedial Systems-OM&M) (District), does hereby resolve as follows: WHEREAS, the Legislative Body called and duly held an election in the District pursuant to Resolution No. 12-070 adopted on July 17, 2012 (Resolution Calling Election) for the purpose of presenting to the qualified electors within the District, a proposition for the creation of a Community Facilities District (Proposition A) as set forth in Resolution No. 12-069 adopted on July 17, 2012 (Resolution of Formation); and WHEREAS, the landowners of record within the District as of the close of the public hearing held on July 17, 2012 unanimously consented to a waiver of the time limits for setting the election and a waiver of any written analysis, arguments or rebuttals as set forth in California Government Code sections 53326 and 53327. Such waivers are set forth in written certificates executed by the landowners which are on file with the City Clerk as election official (Election Official) concurring therein; and WHEREAS, pursuant to the terms of the Resolution Calling Election and the provisions of the Mello-Roos Community Facilities Act of 1982 (Act), the special election was held on July 17, 2012; and WHEREAS, there has been presented to this Legislative Body a Certificate of the Election Official as to the Results of the Canvass of the Election Returns (Certificate of the Election Official), a copy of which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carson, California, as follows: Section 1. The above recitals are true and correct. Section 2. The canvass of the votes cast in the District at the special election held in the District on July 17, 2012, as shown in the Certificate of the Election Official, is hereby approved and confirmed. 01007.0111 I 16089v2 ° TNO