HomeMy WebLinkAbout2023-07-25; City Council; Resolution 2023-210RESOLUTION NO. 2023-210
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING
PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1
WHEREAS, the City Council of the City of Carlsbad, California has determined that previous
actions have been taken to form a community facilities district pursuant to the provisions of the "Mello
Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government
Code of the State of California, said Article 3.5 thereof (the "Act"). The existing community facilities
district being designated as COMMUNITY FACILITIES DISTRICT NO. 1 (the "District"); and
WHEREAS, this legislative body has also established a procedure to allow and provide for future
annexations to the District and the territory proposed to be so annexed in the future was designated
as COMMUNITY FACILITIES DISTRICT NO. 1, FUTURE ANNEXATION AREA; and
WHEREAS, at this tjme the unanimous consent to the annexation of certain territory to the
District ha_s been received from the property owner or owners of such territory, and such territory has
been designated as ANNEXATION NO. 22/23-01 (the "Annexed Area"); and
WHEREAS, less than twelve (12) registered voters have resided within the territory of the
Annexed Area for each of the ninety (90) days preceding June 20, 2023, therefore, pursuant to the Act
the qualified electors of the Annexed Area shall be the "landowners" of such Annexed Area as such
term is defined in Government Code Section 53317(f) and each such landowner who is the owner of
record as of June 20, 2023, or the authorized representative thereof, shall have one vote for each acre
or portion of an acre of land that she or he owns within such Annexed Area; and
WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of
the special taxes on the property within the Annexed Area to the qualified electors of the Annexed
Area and the requirements for impartial analysis and ballot arguments have been waived with the
unanimous consent of the qualified electors of the Annexed Area; and
WHEREAS, the City Clerk of the City of Carlsbad has caused ballots to be distributed to the
qualified electors of the Annexed Area, has received and canvassed such ballots and made a report to
this City Council regarding the results of such canvas, a copy of which is attached as Attachment A
hereto and incorporated herein by this reference; and
WHEREAS, at this time the measure voted upon, and such measure did receive the favorable
two-thirds vote of the qualified electors, and this City Council desires to declare the results of the
election; and
WHEREAS, a map showing the Annexed Area (the "Annexation Map"), a copy of which is
attached as Attachment B hereto and incorporated herein by this reference, has been submitted to
this legislative body.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That this legislative body does hereby further determine as follows:
a.The unanimous consent to the annexation of the Annexed Area to the District has
been given by all of the owners of the Annexed Area and such consent shall be kept
on file in the Office of the City Clerk.
b.Less than twelve (12) registered voters have resided within the territory of Annexed
Area for each of the ninety (90) days preceding June 20, 2023, therefore, pursuant
to the Act the qualified electors of the Annexed Area shall be the "landowners" of
such Annexed Area as such term is defined in Government Code Section 53317(f).
c.The qualified electors of the Annexed Area have unanimously voted in favor of the
levy of special taxes within the Annexed Area upon its annexation to the District.
3.The boundaries and parcels of territory within the Annexed Area and on which special
taxes will be levied in order to pay for the costs and expenses of authorized public
facilities are shown on the Annexation Map as submitted to and hereby approved by
this legislative body.
4.This legislative body does hereby determine and declare that the Annexed Area is now
added to and becomes a part of the District. The City Council of the city, acting as the
legislative body of the District, is hereby empowered to levy the authorized special tax
within the Annexed Area.
5.Immediately upon adoption of this Resolution, notice shall be given as follows:
a.A copy of the annexation map as approved shall be filed in the Office of the County
Recorder no later than fifteen (15) days after the date of adoption of this Resolution.
b.An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be
recorded in the Office of the County Recorder no later than fifteen (15) days after
the date of adoption of this Resolution.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 25th day of 1.YJy, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
r
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
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Attachment A
EXIDBIT "A"
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STA TE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CARLSBAD )
The undersigned, ELECTION OFFICIAL OF THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of
Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the
Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. l
SPECIAL ELECTION
ANNEXATION NO. 22/23-01
in such City, held on June 20, 2023.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the
area proposed to be annexed to Community Facilities J)istrict No. 1 of such City for or against the
Measure are full, true and correct.
VOTES CAST ON PROPOSITION 1: YES 6
NO ff .
WITNESS my hand this 2o1::Y'day of (j \). ~
CITY LER
ELECTION OFFICIAL
CITY OF CARLSBAD
STATE OF CALIFORNIA
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