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Ordinance Number 940L$i§ l..\. \.• Mf AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING THE SUBMISSION OF A PROPOSITION OF INCURRING BONDED DEBT TO THE QUALIFIED VOTERS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008, FOR THE PURPOSE OF ACQUISITION AND IMPROVEMENT OF OPEN SPACE (OPEN SPACE, NATURAL. AREAS, AND CLEAN WATER PROTECTION AND PRESERVATION MEASURE). Whereas, on August 5, 2008, the City Council adopted, by a two-thirds vote of all its members, a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE ACQUISITION AND/OR IMPROVEMENT OF OPEN SPACE AND FINANCING THROUGH THE ISSUANCE OF GENERAL OBLIGATION BONDS" (the "Resolution of Necessity"); and Whereas, in order to provide for the issuance by the City of its general obligation bonds to finance the improvements described in the Resolution of Necessity, it is necessary for the City Council to pass an ordinance ordering the submission of the proposition of incurring bonded debt for such purpose to the qualified voters of the City at a municipal election; and Whereas, the City Council desires to submit said ballot measure to the qualified voters of the City at the General Municipal Election to be held in the City on November 4, 2008, and to consolidate the bond election with other elections held within the City on that date. NOW, THEREFORE, the City Council of the City of San Juan Capistrano herby ordains as follows: SECTION 1. Cali for Election. Pursuant to the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of San Juan Capistrano, California, on Tuesday, November 4, 2008 a General Municipal Election for the purpose of submitting to the voters at the election a measure seeking approval to incur bonded debt for the purpose of acquisition and improvement of open space relating to the Open Space, Natural Areas, And Clean Water Protection And Preservation Measure. SECTION 2. Ballot Measure. The City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the question of whether general obligation bonds of the City in the aggregate principal amount not to exceed 30 million dollars (the "Bonds") at legal rates shall be issued and sold to raise money for the purposes described in Exhibits A and B hereto (the "Bond Measure"). Both exhibits are directed to be printed in the voter pamphlet. 589501.1 SECTION 3. Object and Purpose of Bonds. The object and specific purpose of issuing the Bonds is the acquisition and improvement of open space pursuant to the Bond Measure, and the proceeds of the Bonds may only be applied to that.purpose. SECTION 4. Estimated Cost of acquisition and improvement of open space. The estimated cost of acquisition and improvement of open space is $30 million. The estimated cost includes legal or other fees, and other costs and expenses, which are incidental to or connected with the authorization, issuance and sale of the Bonds. SECTION 5. Principal Amount of the Bonds. The amount of the principal of the Bonds shall not exceed $30 million. SECTION 6. Maximum Interest Rate. The maximum rate of interest to be paid on the Bonds shall not exceed the amount rate permitted by law, to wit, 12% per annum. SECTION 7. Accountability Requirements. In accordance with Sections 53410 and 53411 of the California Government Code, the City Council hereby adopts the following accountability requirements relating to the Bonds: (a) The specific purpose of the bonds is to acquire and improve land to preserve and enhance natural areas, creeks, historic lands, hillsides, trails, recreation, wildlife, and air and water quality in the City of San Juan Capistrano, which may include but are not limited to amenities such as bike paths, walking and running trails, equestrian facilities, parks, and sports fields; (b) The proceeds from the sale of the City's bonds will be used only for the purposes specified above, and not for any other purpose; (c) The proceeds of the Bonds will be deposited into a Open Space I✓und to be held by the Treasurer of the City; and (d) The Treasurer of the City shall file an annual report with the City Council, commencing not later than January 1, 2010, and annually thereafter, which report shall contain pertinent information regarding the amount of funds collected and expended, as well as the status of the purposes listed above. SECTION 8. Issuance and Sale of Bonds. The City proposes to acquire and/or improve open space, to issue and sell the Bonds pursuant to the provisions of Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 and including Article 4.5, commencing with Section 53506, of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code, in one or more series, in the maximum amount ss9561A 2 and for the objects and purposes set forth above, if two-thirds of all qualified voters voting on the proposition set forth above vote in favor thereof. The Bonds will be general obligations of the City payable from and secured by taxes levied and collected in the manner prescribed by laws of the State of California. All of the Bonds are to be equally and ratably secured, without priority, by the taxing power of the City. SECTION 9. Consolidation with General Election. The Orange County Board of Supervisors is hereby requested to consolidate the election ordered hereby with the General Election to be held on November 4, 2008. Pursuant to the provisions of § 10002 of the Elections Code, the City Council requests the Board of Supervisors to hermit the County Election Department to prepare and furnish to the City for use in conducting the election the computer record of the names and address of all eligible registered voters in the City in order that the City may print labels to be attached to self -mailer sample ballot pamphlets; and will make available to the City additional election equipment and assistance according to state law. The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. SECTION 10. Procedure for Voting on Proposition. Ballots for the election shall be provided in the form and in the number provided by law. Voters shall be provided an opportunity to vote for or against the proposition on the ballot, in accordance with procedures to be adopted by the authorized officers of the County charged with conducting the election. SECTION 11. City Clerk Authority. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 12. Polls. The polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in § 14401 of the Elections Code of the State of California. SECTION 13. Municipal Election Law. In all particulars not recited in this ordinance, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 14. Notice of Election. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 15. Publication of Ordinance. The Mayor shall sign this ordinance and the City Clerk shall attest and certify to the passage and adoption of it. This ordinance shall be published once a week for two weeks in the Capistrano Valley News, a newspaper published less than six days a week in the City. SP589507.1 3 SECTION 16. Effective Date. This ordinance shall become effective immediately upon its adoption by two-thirds vote of all the members of this Council. PASSED, APPROVE©, AND ADOPTED th,;s- lay rqf August, 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 is a true and correct copy of Ordinance No. 940 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 5th day of August 2008 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 19th day of August 2008 by the following vote, to wit: AYE ' C UN , L MEMBERS: Allevato, Hribar, Uso, Nielsen, and Mayor Soto NOES O' N IL MEMBERS: None ABSENT:_ CON IL MEMBERS: None 0 I City Clerk 589501.1 4 SVI STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO) 1, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 35933(1) of the State of California, on the 7TH day of August 2008, at least 5 days prior to August 19, 2008, the date of adoption of the ordinance, I caused to be posted, in the City Clerk's Office a certified copy of the proposed Ordinance entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING THE SUBMISSION OF A PROPOSITION OF INCURRING BONDED DEBT TO THE QUALIFIED VOTERS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BEjHELD,.ON TUESDAY, NOVEMBER 4, 2008, FOR THE PURPOSE OF ACUI ITI AND IMPROVEMENT OF OPEN SPACE (OPEN SPACE, NAT U� RAL I AS, AND CLEAN WATER PROTECTION AND PRESERVATION [x/IEASU�� San Jua STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO) MONA'I AN, CITY C pistrano, C lifornia AFFIDAVIT OF POSTING 1, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California. On the 20TH day of August 2008 1 caused to be posted, in the City Clerk's office, a certified copy of Ordinance No. 940, adopted by the City Council on August 19, 2008 entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING THE SUBMISSION OF A PROPOSITION OF INCURRING BONDED DEBT TO THE QUALIFIED VOTERS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE .E D O TUESDAY, NOVEMBER 4, 2008, FOR THE PURPOSE OF ACQu SIT Q ND IMPROVEMENT OF OPEN SPACE (OPEN SPACE, NAT AL-� S, AND CLEAN WATER r� PROTECTION AND PRESERVATION 1, EASUR I 1 A"t (V� ARGA.- IST R. MONTIN, CIT' C San JuanCapistrar aliprnia EXHIBIT A TEXT OF BALLOT MEASURE TO BE PRINTED IN THE VOTER PAMPHLET The following is the text of the measure presented to the voters by the City of San Juan Capistrano. Open Space, Natural Areas, and Clean Water Protection and Preservation Measure To acquire and improve land to protect and preserve open space, natural areas, creeks and YES streams, historic areas, undeveloped hillsides and natural ridges from potential residential and commercial development and to provide additional recreational amenities such as bike and walking trails, equestrian facilities, parks and sports fields, shall the City of San Juan Capistrano issue 30 million dollars in bonds, at NO legal rates, with guaranteed annual independent audits, public expenditure review and no money for City administrators' salaries? 589501. i ,� TO BE PRINTED IN THE VOTER PAMPHLET OPEN SPACE, NATURAL AREAS, AND CLEAN. WATER PROTECTION AND PRESERVATION MEASURE Summary of Bond Measure Many residents came to San Juan Capistrano for its unique open space, natural beauty and history, This measure will help preserve and enhance our natural areas, creeks, historic lands, hillsides, trails, recreation, wildlife, and air and water quality, and reduce future traffic congestion. For these purposes, the City of San Juan Capistrano seeks authority from the voters to issue 30 million dollars in bonds at legal rates with guaranteed annual independent financial audits, public review of expenditures, and no funds used for city administrators' salaries. Accountability Covenants for the Bond Measure As required by Section 53410 of the Government Code, the following accountability measures are made a part of the Bond Measure. (a) The specific purpose of the bonds is to acquire and/or improve land to preserve and enhance natural areas, creeks, historic lands, hillsides, trails, recreation, wildlife, and air and water quality in the City of San Juan Capistrano, which may include but are not limited to amenities such as bike paths, walking and running trails, equestrian facilities, parks, and sports fields; (b) The proceeds from the sale of the City's bonds will be used only for the purposes specified above, and not for any other purpose', (c) The proceeds of the Bonds will be deposited into a Open Space Fund to be held by the Treasurer of the City; and (d) The Treasurer of the City shall file an annual report with the City Council, commencing not later than January 1, 2010, and annually thereafter, which report shall contain pertinent information regarding the amount of funds collected and expended, as well as the status of the purposes listed above. (e) In addition to the foregoing, the City Council, by majority vote, will cause the appointment of a Citizens' Oversight Committee no later than 60 days from the date that the Council provides notice of its intention to incur bonded indebtedness for the first series of bonds, as follows: (1) The Committee will be comprised of five residents of the City. 58950/.2 Page 1 of 7 08-19-2008 (2) Membership should be balanced and should include individuals with business experience, senior citizens, and knowledgeable professionals in the fields of construction, finance, law, and accounting. No City official, City employee, or City contractor will be allowed to serve on the Committee. (3) Except as otherwise provided for herein, Committee members will serve a term of two years subject to Article 1 of Chapter 2 of Title 2 of the San Juan Capistrano Municipal Code (Sections 2-2.101 to 2-2.109). (4) The Committee will not have decision-making authority, but will review recommendations to the Council for expenditure of bond proceeds, and will report on whether such expenditures conform to the purposes stated above. (5) The Committee will review the audits and reports of expenditures of bond proceeds, and will inform the public concerning the same. 589501.2 Page 2 of 7 08-19-2008