City of San Juan Capistrano. Agend~ ft)?rt

Transcription

1 04/16/2013 City of San Juan Capistrano Agend~ ft)?rt 04 TO: FROM: DATE: SUBJECT: Karen P. Brust, City M,r{la c. ~ I Cindy Russell, Chief Fina~ ial Officer/City Treasurer~ Prepared by: Michelle Bannigan, Assistant Finance D1recto~ Apri116, 2013 Review of Open Space Bonds Measure Y - Annual Financial Report RECOMMENDATION: By motion, receive and file. EXECUTIVE SUMMARY: Pursuant to Measure Y, approved by the voters in November 2008 and Ordinance 940 (Attachment 2, Section 7(d)), the City Treasurer is required to file an annual report with the City Council. The Annual Report contains information regarding the bond funds that have been collected and spent. In addition, the Annual Report includes a status for each project that has been allocated bond funds for spending. The Annual Report provided in Attachment 1 covers the period from January 1, 2012, through December 31, During this period, the total interest income that was earned on unspent bond proceeds was $12, Total costs incurred during calendar year 2012 were $ for the City's Northwest Open Space, Phase 1 Park project (Capital Improvement Project Number 09209). The Citizens' Bond Oversight Committee reviewed the costs for calendar year 2012 and found them to be in conformance with the purpose stated in Measure Y. DISCUSSION/ANALYSIS: The Measure Y Bonds were issued 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. The table below summarizes the Measure Y bond proceeds activity for the calendar year ended December 31, 2012 as well as the total activity of the bond proceeds from the issuance of the bonds through December 31, 2012.

2 City Council Agenda Report April16,2013 Page 2 of3 AMOUNT AVAILABLE - BEGINNING OF PERIOD REVENUES BOND PROCEEDS INVESTMENT INTEREST TOTAL REVENUES EXPENDITURES EASTERN OPEN SPACE ACQUISmON NWOS PHASE I PARK TOTAL EXPENDITURES AMOUNT AVAILABLE - END OF PERIOD January 1, 2012 flfeasure Y Through Inception through December 31,2012 December 31,2012 $2,313, $0.00 $0.00 $12, $12, $0.00 $ $ $2,325, $30,045, $31, $30,077, $27,639, $113, $27,752, $2,325, FISCAL IMPACT: Not applicable. ENVIRONMENTAL IMPACT Not applicable. PRIOR CITY COUNCIL REVIEW: On January 19, 2010, the City Council reviewed the Annual Report for the period. from November 5, 2008, through November 30, On July 17, 2012, the City Council reviewed the Annual Report for the period from December 1, 2009, through December 31, COMMISSION/COMMITIEEIBOARD REVIEW AND RECOMMENDATIONS: The Citizens' Bond Oversight Committee (Committee) has met quarterly to review the funds collected and expended each quarter. The Committee has reviewed the funds collected and expended through December 31, In addition, the Committee reviewed the Annual Report for calendar year 2012 on March 28, The Committee made the following finding for each report that was reviewed: Findings of Conformance - The financial reports and related expenditure detail project reports conform to the purposes stated in Measure Y by acquiring land to protect and preserve open space, natural areas, creeks and streams from potential residential and commercial development. Meeting minutes are included as Exhibit A to Attachment 1 to this report.

3 City Council Agenda Report Apri116, 2013 Page 3 of3 NOTIFICATION: Clint Worthington Lennie DeCaro Kim Lefner Jim Reardon Brad Gates ATTACHMENTS: Attachment 1 - Open Space Measure Y - Annual Report for the period January 1, 2012, through December 31, 2012 Attachment 2- Ordinance 940

4 City of San Juan Capistrano Open Space Bond Measure Y {Approved November 4, 2008) Annual Report January 1, 2012 through December 31, 2012 ATTACHMENT 1- Page 1 of 4

5 Ordinance 940 (Open Space Bond Measure Y) approved by the voters on November 4, 2008, provides for an annual report to be filed with the City Council providing pertinent information regarding the funds collected and expended pursuant to the bond measure and collected as well as the status of the bonds purpose. Funds Collected and Expended The following is a summary of the funds collected from the issuance of bonds and expended for bond purposes during the calendar year ended December 31, 2012, and for the period from the inception of the bonds (November 5, 2008) through December 31, January 1, 2012 Measure Y Through Inception through December 31,2012 December 31,2012 AMOUNT AVAILABLE - BEGINNING OF PERIOD REVENUES BOND PROCEEDS INVESTMENT INTEREST TOTAL REVENUES EXPENDITURES EASTERN OPEN SPACE ACQUISITION NWOS PHASE I PARK TOTAL EXPENDITURES AMOUNT AVAILABLE - END OF PERIOD Status of Bond Purposes $2,313, $0.00 $0.00 $30,045, $12, $31, $12, $30,077, $0.00 $27,639, $ $113, $ $27,752, $2,325, $2,325, Pursuant to Ordinance 940, Section E, the Citizens' Oversight Bond Committee was formed by the City Council and conducted their initial meeting on December 9, On January 7, 2010, and March 18, 2010, the Citizens' Bond Oversight Committee met to consider the following proposed projects for the use of Measure Y bond proceeds; and recommended to the City Council to approve the following proposed projects for the expenditure of bond proceeds which the City Council approved: Acquisition of the 132 Acre Rancho Mission Viejo Riding Park and adjacent property Northwest Open Space Phase I Park Habitat Restoration Matching Grant Funds On December 10, 2012, the Citizens' Bond Oversight Committee met to consider the use of Measure Y bond proceeds for the Reata Park and Events Center and recommended to the City Council to approve the project for the expenditure of bond proceeds, which the City Council approved on December 11, Measure Y- Annual Report Through December 31, 2012 Page 1 ATTACHMENT 1 -Page 2 of 4

6 The City Council subsequently approved the projects and the estimated allocation of bond proceeds as follows: Acquisition of the 132 Acre Rancho Mission Riding Park and adjacent property $27,630,000 This property has been acquired. The bond proceeds expended for the acquisition were $27,639, Northwest Open Space Phase I Park $2,824,000 The original estimated allocation was $2,824,000. To date, the conceptual design has been approved by the City Council. The City has also constructed the entry to the Phase I park area from Camino Capistrano in conjunction with improvements on the adjacent property for the Northwest Open Space Staging Area. Bond proceeds expended through December 31, 2012, are $113, Additionally, $1,825,149 of bond proceeds have been included in the City's current Seven-Year Capital Improvement Program for Fiscal Years and for a total of $1,938, of bond proceeds to be spent on this project. Habitat Restoration Matching Grant Funds $260,376 To date the City has not received any Habitat Restoration or Acquisition Grants requiring bond matching funds. These funds remained allocated to this purpose as of December 31, Reata Park and Events Center $239,624 To date the City has not spent any bond proceeds for this project. On December 11, 2012, the City Council approved a contract with Huitt-Zollars, Inc. for $24,360 to develop plans and specifications for the new water service line that will be installed at the site. These funds remained allocated to this purpose as of December 31, Based on the above information the current allocation of Measure Y bond proceeds is projected as follows: Acquisitionofthe 132 Acre Rancho Mission Riding Park and adjacent property Northwest Open Space Phase I Park Habitat Restoration Matching Grant Funds Reata Park and Events Center Rounding Total Project Costs $27,639, ,938, , , $ Total revenues, bond proceeds plus interest earnings through December 31, 2012 are $30,077, Measure Y- Annual Report Through December 31, 2012 Page 2 A IT ACHMENT 1 - Page 3 of 4

7 Citizens' Bond Oversight Committee The Citizens' Bond Oversight Committee meets quarterly to review the funds collected and expended each quarter and report to the City Council on whether such expenditures conform to the purposes stated above. The Citizens' Bond Oversight Committee has reviewed the funds collected and expended through December 31, 2012, and made the following finding for each quarterly report in Findings of Conformance - the financial reports and related expenditure detail project reports conform to the purposes stated in Measure Y by acquiring land to protect and preserve open space, natural areas, creeks and streams from potential residential and commercial development. Meeting minutes from the Committee's meetings held during calendar year 2012 are included as Exhibit A to this report. Measure Y- Annual Report Through December 31, 2012 Page 3 ATIACHMENT 1 -Page 4 of 4

8 MINUTES December 10, 2013 Special Meeting City of San Juan Capistrano Citizens' Bond Oversight Committee DRAFT CALL TO ORDER: Vice Chair, Linda Pringle called the regular meeting of the Citizens Bond Oversight Committee Meeting to order at 6:10p.m. ROLL CALL: COMMITTEE MEMBERS PRESENT: Committee Members Gerry Gamble, Angela Grillo, and Linda Pringle. COMMITTEE MEMBERS ABSENT: Chairman John Harper and Committee Member Kathleen Strong. STAFF PRESENT: Cindy Russell, Finance Director, Michelle Bannigan, Assistant Finance Director, Grant Taylor, Development Services Director, David Contreras, Senior Planner, Keith Van Der Maaten, Utilities Director, and Eric Bauman, Utilities Engineer. ORAL COMMUNICATIONS: None. CONSENT CALENDAR: Item No. 1: Approval of Citizens' Bond Oversight Committee Meeting Minutes - Regular Meeting of September 27, 2012: Committee Action: Motion was made by Committee Member Gamble, seconded by Committee Member Grillo as amended and carried 3-0 to approve the CBOC meeting minutes from the Regular meeting of September 27, AGENDA ITEMS: Item No. 1: Review and Consideration of Expenditures of Measure Y Bond Proceeds for the period from July , through September 30, 2012; Year-to-date for Fiscal Year 2012/13 and Inception through September : Staff report presented by Cindy Russell, Finance Director. Ms. Russell reviewed the expenditures of bond proceeds over the presented period and answered Committee Members questions. Page 1 of2 EXHIBIT "A" Page 1 of 8

9 MINUTES December 10, 2013 Special Meeting City of San Juan Capistrano Citizens' Bond Oversight Committee Public Comments: None Committee Action: Motion was made by Committee Member Gamble, seconded by Committee Member Grillo, and.carried 3-0 to approve. Item No. 2: Consideration of Proposed Projects for Use of Measure Y Bond Proceeds, Reata Park and Events Center Improvements - Citv Costs: David Contreras, Associate Planner, gave a Power Point presentation regarding the project and was available to answer questions along with other City staff. Public Comments: None Committee Action: A recommendation was made by Committee Member Gamble, seconded by Committee Member Grillo and carried 3-0 to approve the expenditure of bond proceeds for Reata Park and Events Center Improvements and that they conform to the purposes stated In the Measure Y Ordinance 940, and also recommend that the City Council consider waiting 30-days to notify Saddleback Christian School of any potential reallocation of bond proceeds from the Habitat Acquisition Grant Matching funds. COMMITTEE/STAFF COMMENTS: Committee Member Grillo asked about the Citizens' Bond Oversight Committee becoming the City's Investment Committee. Ms. Russell informed her that the City Council sub-committee recommended that the Citizens' Bond Oversight Committee also serve as an Investment Advisory Committee, however, the City's Bond Counsel informed them that they would have to have two separate committees. The City Clerk is currently working on the details of the committees. ADJOURNMENT: Vice Chairman Pringle adjourned the meeting at 6:35 p.m. to Thursday March 28, 2013, at6:00 p.m. Respectfully Submitted, Prepared by, Cindy Russell CFO/City Treasurer Christine M. Casper Administrative Coordinator Page2 of2 EXHIBIT "A" Page 2 of 8

10 MINUTES September 27, 2012 Regular Meeting City of San Juan Capistrano Citizens' Bond Oversight Committee CALL TO ORDER: Chairman Harper called the regular meeting of the Citizens Bond Oversight Committee Meeting to order at 6:06 p.m. ROLLCALL: COMMITTEE MEMBERS PRESENT: Chairman John Harper, Committee Members Gerry Gamble, Angela Grillo, Unda Pringle and Kathleen Strong. COMMITTEE MEMBERS ABSENT: None STAFF PRESENT: Michelle Bannigan, Assistant Finance Director. ORAL COMMUNICATIONS: Chairman Harper introduced new Committee Member Angela Grillo. CONSENT CALENDAR: Item No. 1: Approval of citizens' Bond Oversight Committee Meeting Minutes - Reaular Meeting of June : Committee Action: Motion was made by Committee Member Strong, seconded by Committee Member Pringle, and carried 5-0 to approve the CBOC meeting minutes from the Regular meeting of June 28, AGENDA ITEMS: Item No. 1: Consideration of an Election of a Vice Chairman for the Citizens' Bond OVersight Committee. Public Comments: None Committee Action: Motion was made by Committee Member Gamble, seconded by Committee Member Pringle, and carried 4-0 to elect Committee Member Strong to the position of VIce Chairman, with Committee Member Strong abstaining from the vote. Page 1 of2 EXHIBIT "A" Page 3 of 8

11 MINUTES September 27, 2012 Regular Meeting City of San Juan Capistrano Citizens' Bond Oversight Committee Item No. 2: Review and Consideration of Expenditures of Measure Y Bond Proceeds, April 1, 2012, through June ; Year-to-date for Fiscal Year 2011/1 2 and Inception tprough June 30, 2012: Staff report presented by Michelle Bannigan, Assistant Finance Director. Ms. Bannigan reviewed the expenditures of bond proceeds over the presented period and answered Committee Members questions. Public Comments: None Committee Action: Motion was made by Committee Member Pringle, seconded by Committee Member Gamble and carried 5-0. COMMITIEE/STAFF COMMENTS: Committee Member Gamble asked about the Annual Report that was being compiled. Ms. Bannigan said that she would the Report to the Committee for their review. ADJOURNMENT: Chairman Harper adjourned the meeting at 6:11 p.m. to Thursday December 13, 2012, at 6:00p.m. Respectfully Submitted, ~~ CFO/City Treasurer P re~l~ a stine M. Casper Administrative Coordinator Page 2 of2 EXHIBIT "A" Page 4 of 8

12 MINUTES June 28, 2012 Regular Meeting City of San Juan Capistrano Citizens' Bond Oversight Committee CALL TO ORDER: Chairman Harper called the regular meeting of the Citizens Bond Oversight Committee Meeting to order at 6:06 p.m. ROLLCALL: COMMITTEE MEMBERS PRESENT: Chairman John Harper, Committee Members Gerry Gamble, Linda Pringle and Kathleen Strong. COMMITTEE MEMBERS ABSENT: None STAFF PRESENT: Cindy Russell, Chief Financial Officer/Committee Secretary and Michelle Bannigan, Assistant Finance Director. ORAL COMMUNICATIONS: None CONSENT CALENDAR: Item No.1: Approval of Citizens' Bond Oversight Committee Meeting Minutes - Regular Meeting of March : Committee Action: Motion was made by Committee Member Strong, seconded by Committee Member Gamble, and carried 4-0 to approve the CBOC meeting minutes from the Regular meeting of March 22, AGENDA ITEMS: Item No. 1: Review and.consideration of Expenditures of Measure Y Bond Proceeds. January 1, through March : Year-to-date for Fiscal Year 2011/12 and Inception throygh March : Staff report presented by Cindy Russell, Chief Financial Officer. Ms. Russell reviewed the expenditures of bond proceeds over the presented period and answered Committee Members questions. Ms. Russell stated that City staff is gearing up to move forward on the final design of the Northwest Open Space Phase 1 Park. They have been waiting to see if any Proposition 50 Grants would be awarded, which are grants from the State of California for parks and Page 1 of2 EXHIBIT "A" Page 5 of 8

13 MINUTES June 28, 2012 Regular Meeting City of San Juan Capistrano Citizens' Bond Oversight Committee recreation, among other things. The City's project did not score enough points to receive the funds as the State was looking for projects in more urban areas. As the grants are not forthcoming, staff will resume working on the project. Ms. Russell indicated that on July 17, 2012, staff will take the annual report to Council regarding the activities under Measure Y, and will need to get that up to date. The Measure provides for an annual report to discuss what is occurring with bond proceeds. Committee Members can contact staff for any additional information. Public Comments: None Committee Action: Motion was made by Committee Member Strong, seconded by Committee Member Pringle and carried 4-0. COMMITTEE/STAFF COMMENTS: None ADJOURNMENT: Chairman Harper adjourned the meeting at 6:11 p.m. to Thursday September 27, 2012, at 6:00p.m. un;~(jl. Christine M. Casper Administrative Coordinator C1ov I Page 2 of2 EXHIBIT "A" Page 6 of 8

14 MINUTES March 22, 2012 Regular Meeting City of San Juan Capistrano Citizens' Bond Oversight Committee CALL TO ORDER: Vice Chairman Kathleen Strong called the regular meeting of the Citizens Bond Oversight Committee Meeting to order at 6:00 p.m. ROLLCALL: COMMITIEE MEMBERS PRESENT: Chairman John Harper, Vice Chairman Kathleen Strong, Committee Members Elliott Levinson, Gerry Gamble and Linda Pringle. COMMIITEE MEMBERS ABSENT: None STAFF PRESENT: Cindy Russell, Chief Financial Officer/Committee Secretary COMMITTEE MEMBER INTRODUCTIONS: Cindy Russell welcomed new Committee members Linda Pringle and Gerry Gamble, and all Committee members gave a brief backgro~nd on themselves. ELECTION OF COMMITTEE CHAIRMAN AND VICE CHAIRMAN: Cindy Russell called for nominations for Committee Chairman. Council member:s nominated John Harper and the motion was carried 4-0 to approve Chairman Harper with Chairman Harper abstaining. Cindy RusseU called for nominations for Committee Vice Chairman. Committee members nominated Elliott Levinson, and the motion was carried 4-0 to approve VIC8 Chairman Levinson, with Vice Chairman Levinson abstaining. ORAL COMMUNICATIONS: None CONSENT CALENDAR: ltam No.1: Approval of Citizens' Bond Oversiaht Committee Meeting Minutes - Regular Meeting of December : Committee Action: Motion was made by Vice Chairman Levinson, seconded by Committee Member strong, and carried 5..0 to approve the CBOC meeting.minutes from the Regular meeting of December 8, Page 1 of2 EXHIBIT "A" Page 7 of 8

15 MINUTES March 22, 2012 Regular Meeting City of San Juan Capistrano Citizens' Bond Oversight Committee AGENDA ITEMS: Item No. 1: Review and Consideration of Expenditures of Measure Y Bond Proceeds. October tbrough Decemb8r : Year-to-date for Fiscal Year 2011/12 and Inception throuah December : Staff report presented by Cindy Russell, Chief Financial Officer. Ms. Russell reviewed the expenditures of bond proceeds over the presented period and answered Committee Members questions. Ms: Russell Informed the Committee that from October 1, 2011, through December 31, 2011, there was $724 worth of expenditures that reflected the project manager's time spent working on developing on an alternative park design concept for the Northwest Open Space Phase 1, to replace the planned community garden. Council has decided to continue the community garden at the sports park area, the need for the large community garden area Is no longer necessary, so there will be two smaller community gardens. Also, the project manager Is working on the RFP for the preliminary design services for the actual planning of the project area and the year to date costs through December 31, 2012, are $3,706. Public Comments: None Committee Action: Motion was made by Committee member Gamble, seconded by Vice Chairman Levinson and carried 5-0 to report the Committee's findings to the City Council. COMMITTEE/STAFF COMMENTS: None ADJOURNMENT: Chairman Harper adjourned the meeting at 6:25p.m. to Thursday June 28, 2012, at 6:00p.m. Respectfully Submitted, \\/) eudll ~vmu.u Cindy R.ll CEO/City Treasurer ~ll.ckf Christine M. Casper Administrative Coordinator Page2of2 EXHIBIT "A" Page 8 of 8

16 ORDINANCE NO. 940 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 11 ); 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 ot' San Juan Capistrano herby ordains as follows: SECTION 1. Call 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 11 ) 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. 1 ATTACHMENT 2- PAGE 1 of 8

17 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 and 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 f~om 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. 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 5R9S ATTACHMENT 2- PAGE 2 of 8

18 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, Pursuant to the provisions of of the Elections Code, the City Council requests the Board of Supervisors to permit the County Election Department to prepare and furnish to the City for use in conducting the election the comp1.1ter 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 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. sp S89SOI.J 3 ATTACHMENT 2- PAGE 3 of 8

19 SECTION 16. Effective Date. This ordinance shall become effective immediately upon its adoption by two-thirds vote of all the members of this Council.. gust, 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 2006 by the following vote, towit: LMEMBERS: ILMEMBERS: U~U>LlJONIL>IL MEMBERS: Allevato, Hribar, Uso, Nielsen, and Mayor Soto None None $89$ ATTACHMENT 2- PAGE 4 of 8 sp

20 STATE OF CALIFORNIA. } COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO) I, 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 com..rliance with State laws, Government Code section 36933{1) of the State of California, on the 7T 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 B LD ON TUESDAY, NOVEMBER 4, 2008, FOR THE PURPOSE OF AC I I I AND IMPROVEMENT OF OPEN. SPACE (OPEN SPACE, NAT RAL AS, AND CLEAN WATER PROTECTION AND PRESERVATION El\8 t- STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO) ) ) ss AFFIDAVIT OF POSTING I, 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 I 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 D 0 TUESDAY, NOVEMBER 4, 2008, FOR THE PURPOSE OF AC SIT ND IMPROVEMENT OF OPEN SPACE (OPEN SPACE, NAT S, 'AND CLEAN WATER PROTECTION AND PRESERVATION EASU sp. ATTACHMENT 2- PAGE 5 of 8

21 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 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,. shalf the City of San Juan Capistrano issue 30 million dollars in bonds, at legal rates, with guaranteed annual independent audits, public expenditure review and no money for City administrators' salaries? YES NO ATTACHMENT 2- PAGE 6 of8

22 EXHIBITS 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 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 Page 1 of ATIACHMENT 2- PAGE 7 of 8

23 {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 to ). (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. S89SOJ.2 Page 2 of ATIACHMENT 2- PAGE 8 of 8