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HomeMy WebLinkAbout5668 RESOLUTION NO. 5668 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CONSENTING TO A REQUEST OF THE BOARD OF EDUCATION OF THE ARCADIA UNIFIED SCHOOL DISTRICT TO CONSOLIDATE THE ARCADIA UNIFIED SCHOOL DISTRICT BOND ELECTION WITH A CITY SPECIAL MUNICIPAL ELECTION ON CITY CHARTER AMENDMENTS TO BE HELD ON SEPTEMBER 15, 1992, PURSUANT TO 23300 OF THE ELECTIONS CODE WHEREAS, the city Council of the city of Arcadia has called a Special Municipal Election in the city of Arcadia to be held on September 15, 1992, for the submittal of proposed City Charter Amendments; and WHEREAS, the Board of Education of the Arcadia Unified School District has requested the city Council of the City of Arcadia to consent to the consolidation of the Special Municipal Election pursuant to the provisions of Section 23300 of the California Elections Code, with the Arcadia Unified School District Bond Election (see Resolution No. 700 attached and incorporated herein) . WHEREAS, it is desirable that the Bond Election be consolidated with the Special Municipal Election be held on the same date and that within the city of Arcadia precincts, polling places and election officers for the two elections be the same, and that the city Clerk canvass the returns and these elections be held in all respects as if there were only one election; and WHEREAS, the City proposed September 15, 1992 Special Election for certain Charter revisions is not part of the regular cycle of municipal elections for the City of Arcadia and therefore even so- called routine election functions would not occur or involve the City, except for the conduction of a Bond Election for the Arcadia 1 5668 Unified school District (District); and WHEREAS, the City Special Election is being conducted on September 15, 1992 in sole response to the request of the School District, and in total accommodation to their request and need to schedule a Bond Election on September 15, 1992; and WHEREAS, in order for the District to have their Bond Election on September 15, 1992 it is necessary for the City of Arcadia to conduct a Special Municipal Election on that date. This is the sole reason for the Charter revision measure at this time; and WHEREAS, the District has adopted Resolution No. 700 (a Resolution of the Board of Education) which sets forth their commitment to pay all costs and expenses of the consolidated election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 23300 of the Elections Code, the City Council of the City of Arcadia does consent and agree to the consolidation of the Special Municipal Election regarding Charter Amendments with the School District Bond Election. SECTION 2. The election shall be held in all respects as if there were only one election. SECTION 3. The City Clerk of the City of Arcadia is directed to file a certified copy of this Resolution with the Registrar of Voters of the County of Los Angeles. 2 5668 SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 19th day of , 1992. ATTEST: )j cit of Arcadia 3 5668 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5668 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 19th day of May, 1992 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Ciraulo, Harbicht, Lojeski, Margett and Fasching NOES: None ABSENT: None f Arcadia 4 5668 I , RESOLUTION NO. 700 A RESOLUTION OF THE BOARD OF EDUCATION OF THE ARCADIA UNll' Uill SCHOOL DISTRICT OF LOS ANGELFS COUNTY REGARDING ORDERING SCHOOL BOND ELECTION, SETIING FORTH THE SPECIFICATIONS THEREOF, AND REQUESTING CONSOLIDA TION WITH OTHER ELECTIONS WHEREAS, the Board of Education (the "Board") of the Arcadia Unified School District (the "District") is generally authorized to order elections within the District and to designate the specifications thereof, pursuant to Education Code Sections 5304 and 5322; and WHEREAS, the Board is specifically authorized to order elections for the purpose of submitting to the electors the question of whether bonds of the District shall be issued and sold for the purpose of raising money for the purposes hereinafter specified, pursuant to Education Code Sections 15100 et seq.; and WHEREAS, the Board deems it necessary and advisable to submit a bond proposition to the electors which, if approved by two-thirds of the votes cast (or such other voter approval as permitted by law), would permit the District to issue the bonds; and WHEREAS, it is desirable that the election to determine whether said bonds shall be issued and sold be consolidated with such other election or elections as may be held on the same day in the same territory or in territory that is in part the same; and WHEREAS, the territory of the District is in part the same as the territory of the City of Arcadia (the "City") as required by Sections 5342 and 23300 of the Elections Code; NOW, THEREFORE, BE IT RESOLVED that the following order of election and specifications of the elections order is hereby adopted: 1. This Board of Education does hereby order and request that the Superintendent of Schools (the "County Superintendent") of the County of Los Angeles in the performance of his or her duties and in the exercise of his or her power, alone, or by and through contract with the City (or such other entity as the election described herein) (the "Election Official") call an election (the "Bond Election") in this District on September 15, 1992 on the question of whether bonds of said District shall be issued and sold for the purpose of raising money in the amount and for the purposes specified in the formal Notice of School Bond Election attached hereto as Exhibit" A" and incorporated herein by this reference. The County Superintendent shall call said election pursuant to and in accordance with this Resolution and the specifications of the election order in said Notice of School Bond Election. The authority for which Resolution and specifications is I Resolution No. 700 (continued) found in Education Code Sections 5300,5301,5304,5322, 15100 et seq. and Division 4 of the Elections Code (commencing with Section 2500). 2. The purpose of the Bond Election shall be for the voters of the District to vote on the following proposition which is to appear on the card notice of election and upon the ballot as follows: "Shall the Arcadia Unified School District incur bonded indebtedness for the Arcadia Unified School District in the amount of $27,407,000 to bear interest at a rate not to exceed the statutory limit per annum, for the purpose of providing rmancing for the construction, improvement, alteration and rebuilding of education facilities within the Arcadia Unified School District?" All of the purposes enumerated in the foregoing proposition shall be united and voted upon as one single proposition. Said bonds proposed to be issued in one or more series and sold shall bear interest at a rate not exceeding twelve percent (12%) per annum, payable at the time or times permitted by law, and the number of years the whole or any part of the bonds are to run shall not exceed 25 years from the date of the bonds or the date of any series thereof. 3. Pursuant to Section 15124 of the Education Code and Section 18 of Article XVI and Section I of Article XIIIA of the Constitution of the State of California, the above proposition shall become effective only upon the affirmative vote of two-thirds of those electors voting on the measure or upon such other voter approval as permitted by law. 4. Pursuant to Education Code Sections 5342 and 15121 and Part 2.5 of Division 14 of the Elections Code (commencing with Section 233(0), the County Superintendent and the Board are requested to order consolidation of the Bond Election with the proposed City Election to be held on September 15, 1992. 5. The County Superintendent and the Board of Supervisors of the County of Los Angeles (the "Board of Supervisors") are hereby requested to permit the Election Official to render any or all duties incident to the holding or conducting of the Bond Election. The Election Official is hereby requested and authorized to perform such duties as may be required by law, necessary or useful, or customary and appropriate in the conduct of the Bond Election. 6. The Board hereby acknowledges and recognizes that the Consolidated Election will result in costs and expenses to the City and hereby agrees to pay the costs and expenses of the Consolidated Election to the City in accordance with Section 23311 of the Elections Code and Section 5420 of the Education Code. The Superintendent of the District is hereby authorized and directed to execute an agreement with the City in accordance herewith. 2 Resolution No. 700 (continued) 7. The foregoing specifications of the Order of Election are made pursuant to Education Code Section 5322. 8. The Clerk of this District shall, not less than 123 days prior to the date set for the election, deliver certified copies of this resolution and order to the County Superintendent, the County Clerk of the County of Los Angeles, the Clerk of the City of Arcadia, and the Los Angeles County Office of Education. 9. The County Superintendent is requested to file, not less than 120 days prior to the date set for the election, a certified copy of this resolution and order and the Formal Notice of School Bond Election with the County Clerk. 10. This Board finds and determines that the action herein taken is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections l5061(b)(3) and l5378(b)(4) of Title 14 of the California Administrative Code, The District Superintendent shall cause a Notice of Exemption attached hereto as Exhibit "B" to be filed with the County Clerk pursuant to CEQA and Title 14. PASSED AND ADOPTED this 11th day of May, 1992, by the following vote. AYES: 2.. NOES: ABSENT OR NOT VOTING: ~ ident of the B ard of Education .. ATTEST: 3 CLERK'S CERTIFICA1E I, Clerk of the Board of Education of the Arcadia Unified School District, Los Angeles County, California, hereby certify as follows: The following is a full, true and correct copy of a resolution duly adopted at a regular meeting of said Board of said District duly and regularly held at the regular meeting place thereof on the 27th day of April, 1992, of which meeting all of the members of said Board had due notice and at which a majority thereof was present; and that at said meeting said resolution was adopted by the following vote: AYES: 5 NOES: ABSENT OR NOT VOTING: An agenda of said meeting was posted at least 72 hours before said meeting at 234 Campus Drive, Arcadia, California, a locatio!! freely accessible to members of the public, and a brief description of said resolution appeared on said agenda. I have carefully compared the same with the original minutes of said meeting on file and of record in my office; the foregoing resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and said resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. WITNESS my hand this 11 day of ~Iay ,1992. - ./ 1 EXHIBIT A FORMAL NOTICE OF SCHOOL BOND ELECTION NOTICE IS HEREBY GIVEN to the qualified electors of the Arcadia Unified School District of Los Angeles County, California, that in accordance with the provisions of the Education Code of the State of California an election will be held on September 15, 1992, at which election the following proposition shall be submitted to the qualified electors of the District and voted upon: "Shall the Arcadia Unified School District incur bonded indebtedness ror the Arcadia Unified School District in the amount or $27,407,000 to bear interest at a rate not to exceed the statutory limit per annum, for the purpose of providing rmancing for the con- struction, improvement, alteration and rebuilding or education facilities within the Arcadia Unified School District?" All of the purposes enumerated in the foregoing proposition shall be united and voted upon as one single proposition. Said bonds proposed to be issued and sold shall bear interest at a rate not exceeding twelve percent (12 %) per annum, payable at the time of times permitted by law, and the number of years the whole or any part of the bonds are to run shall not exceed 25 years from the date of the bonds or the date of any series thereof. The County Superintendent of Schools, by this Notice of Election, has called the election pursuant to a Resolution of the Board of Education of the Arcadia Unified School District, adopted April 27, 1992, in accordance with the provisions of Education Code Sections 5300, 5301, 5302, 5322, 5361 and 15100 and Division 4 of the Elections Code (commencing with Section 2500). IN WITNESS WHEREOF, I have hereunto set my hand this _ day of ,1992. County Superintendent of Schools Los Angeles County, California 1 EXHIBIT "8" NOTICE OF EXEMPTION TO: I Secretary for Resources 1416 Ninth Street Room 1311 Sacramento, California 95814 FROM: Arcadia Unified School District I County Clerk County of Los Angeles 500 W. Temple SI., Room 358 Los Angeles, California 90012 Project Title: Bond Election (Education Code Sections 15100 and 15120) Project Location-Specific: Arcadia Unified School District Project Location-City: Arcadia Project Location-County: Los Angeles Description of Nature, Purpose, and Beneficiaries of Project: Bond Election Name of Public Agency Approving Project: Arcadia Unified School District Name of Person or Agency Carrying Out Project: Arcadia Unified School District Exempt Status: (Check one) Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a)) Emergency Project (Sec. l5071(b) and (c)) -X- Categorical Exemption. State type and section number: Title 14, Cal. Admin. Code 15378 (b)(4) 1 Notice of Exemption (continued) Reason why project is exempt: a. Categorical Exemption b. Contact Person: Telephone: C, Earl Davis, Assistant Superintendent Business Services 818-821-6631 If nIed by applicant: N/ A 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received for Filing: Signature: Title: 2