Resolution Number 08-09-16-04RESOLUTION NO. 08-09-16-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO.
2008-1 OF THE CITY OF SAN JUAN CAPISTRANO (VENTANAS
BUSINESS CENTER) CERTIFYING THE RESULTS OF THE
SEPTEMBER 16, 2008 SPECIAL TAX AND BOND ELECTION
WHEREAS, the City Council (the "City Council") of City of San Juan Capistrano
(the "City") called and duly held an election on September 16, 2008 within Community
Facilities District No. 2008-1 of the City of San Juan Capistrano (Ventanas Business
Center) ("Community Facilities District No. 2008-1" or the "District") pursuant to
Resolution Nos. 08-09-16-02 and 08-09-16-03 for the purpose of presenting to the
qualified elector within the District the propositions applicable to the District which are
attached hereto as Attachment A; and
WHEREAS, there has been presented to this City Council a certificate of the City
Clerk canvassing the results of the election in the District, a copy of which is attached
hereto as Attachment B;
NOW, THEREFORE, the City Council of the City of San Juan Capistrano, acting
' in its capacity as the legislative body of Community Facilities District No. 2008-1, does
hereby resolve, order and determine as follows:
II
SECTION 1. Each of the above recitals is true and correct and is adopted by the
legislative body of the District.
SECTION 2. Propositions A, B and C presented to the qualified elector of the
District on September 16, 2008 were approved by more than two-thirds of the votes cast
at the election held for the District and Propositions A, B and C each has carried. The
City Council, acting as the legislative body of the District, is hereby authorized to levy on
the land within the District the special tax described in Proposition B for the purposes
described therein and to take the necessary steps to levy the special tax authorized by
Proposition B and to issue bonds in an amount not to exceed $7,500,000, as specified
in Proposition A.
SECTION 3. The City Clerk is hereby directed to record in the Office of the
County Recorder within fifteen days of the date hereof a notice of special tax lien for the
District which Bond Counsel to the District shall prepare in the form required by Streets
and Highways Code Section 3114.5.
DOCSOC/ 1297882v2/022658-0023
PASSED, APPROVED, AND ADOPTED this 16th day of September 2008.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano,
do hereby certify that the foregoing Resolution No. 08-09-16-04 was duly adopted by ---
the C1 Council of the City of San Juan Capistrano at a Regular meeting thereof, held
the 16t day of September 2008, by the following vote:
AYES:
COUNCIL MEMBERS:
Allevato, Hribar, Uso, Nielsen, and Mayor Soto
NOES:
COUNCIL MEMBER:
None
ABSTAIN:
COUNCIL MEMBER:
None
2
DOCSOC/ 1297882v2/022658-0023
II
ATTACHMENT "A"
OFFICIAL BALLOT
COMMUNITY FACILITIES DISTRICT NO. 2008-1
OF THE CITY OF SAN JUAN CAPISTRANO (VENTANAS BUSINESS CENTER)
SPECIAL TAX AND SPECIAL BOND ELECTION
September 16, 2008
This ballot represents _ votes.
To vote, stamp a cross (x) in the voting square 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 San Juan Capistrano and obtain another.
PROPOSITION A: Shall Community Facilities District No. 2008-
1 of the City of San Juan Capistrano (Ventanas Business
Center) (the "District') incur an indebtedness and issue bonds of
YES
the District in the maximum principal amount of $7,500,000 with
interest at a rate or rates not to exceed the maximum interest
NO
rate permitted by law, to finance the Facilities and the Incidental
Expenses described in the Resolution Establishing the District of
the City Council of the City of San Juan Capistrano, adopted on
September 16, 2008?
YES
PROPOSITION B: Shall a special tax with a Rate and Method of
Apportionment as provided in the Resolution Establishing the
NO
District of the City Council of the City of San Juan Capistrano,
adopted on September 16, 2008 (the "Resolution of Formation"),
be levied to pay for the Facilities, Incidental Expenses and other
purposes described in the Resolution of Formation, including the
payment of the principal of and interest on bonds issued by the
District to finance the Facilities and Incidental Expenses?
PROPOSITION C: For each year commencing with Fiscal Year
2008-09, shall the appropriations limit, as defined by YES
subdivision (h) of Section 8 of Article XIIIB of the California
Constitution, for Community Facilities District No. 2008-1 of the NO_
City of San Juan Capistrano (Ventanas Business Center) be an
amount equal to $7,500,000?
DOC SOC/ 1297882v2/022658-0023
A -I
ATTACHMENT"B"
CERTIFICATE OF CITY CLERK
AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS
I, Margaret R. Monahan, City Clerk of City of San Juan Capistrano, do hereby
certify that I have examined the returns of the Special Tax and Bond Election for
Community Facilities District No. 2008-1 of the City of San Juan Capistrano (Ventanas
Business Center). The election was held by personally delivered ballot with the ballots
being opened at the offices of the City of San Juan Capistrano, 32400 Paseo Adelanto,
San Juan Capistrano, CA 92675, on September 16, 2008.
I further certify that the results of said election and the number of votes cast for
and against Propositions A, B and C are as follows:
Dated this 16th day of September, 2008
R. MONAHAN, CITY CLERK
B-1
DOCSOC/ 1297882v2/022658.0023
PROPOSITION A
PROPOSITION B
PROPOSITION C
YES:
19
19
19
NO:
0
0
0
TOTAL:
19
19
19
Dated this 16th day of September, 2008
R. MONAHAN, CITY CLERK
B-1
DOCSOC/ 1297882v2/022658.0023