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HomeMy WebLinkAbout7808 RESOLUTION NO 7808 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS CALLING SPECIAL ELECTION AND SUBMITTING TO THE QUALIFIED ELECTORS OF TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO 2004-1 OF THE CITY OF REDLANDS THE QUESTION OF LEVYING SPECIAL TAXES WITHIN THAT TERRITORY (ANNEXATION NO 15) WHEREAS, the City Council(the "City Council') of the City of the Redlands (the "City") has heretofore conducted proceedings foi the establishment of and has established Community Facilities District No 2004.1 of the City of Redlands, County of San Bernardino, State of California (the "Community Facilities District"), and the Community Facilities District has been authorized to annually levy special taxes to pay the costs of the maintenance of packs, parkways and open space, including, but not limited to, the maintenance of street trees and landscape, within the Cominunity Facilities District and in the surrounding area, the costs associated with the detenni nation of the amount of and levy and collection of special taxes which will be levied to provide the services, and costs otherwise incurred in order to carry out the authorized purposes of the Coixinnunity Facilities Distinct, and WHEREAS, the City Council is authorized by Article 3 5 (coininencmg with Section 53339) of Chaptei 2 5 of Part I of Division 2 of Title 5 of the California Government Code, connmonly known as the"Mello-Roos Conununity Facilities Act of 19$2,"to aimex territory to the Community Facilities District, and WHEREAS, on Novembei 7, 2017, the City Council adopted Resolution 7791, a resolution of intention to annex territory to the Cominunity Facilities District pursuant to Section 53339 2 of the California Govermnent Code, deternnn ing that the public convenience and necessity requne that certain property, consisting of approximately 10 10 acres, be annexed to the Coni nunity Facilities District and containing all of the matters prescribed by Section 53339 3 of said Code, and fixing 6 00 p in , of as soon thereafter as the mattes may be heard, on Decembei 19, 2017, in the meeting room of the City Council, as the tune and place fol a hearing upon said resolution, and WHEREAS, pursuant to said resolution, the City Clerk has published and mailed notice of the time and place of said hearing as required by Section 53339 4 of said Code, and WHEREAS, on Decembei 19, 2017, at the tune and place of said heai Ing, the City Council afforded all interested persons for of against the annexation of said property to the Community Facilities District an opportunity to present testimony and to protest against the proposed annexation of said property to the Cominunity Facilities District, and no protests, either oral or in writing, were received, and -1- 11ca%Reso17808_REDLANDS CFD 2004 1 ANNEX 15 RESOLUTION CALLING ELECTION-cl doc WHEREAS, pursuant to Section 53339 7 of said Code,the City Council may now submit the question of levying a special tax within the territory proposed to be annexed to the Coinrnumty Facilities District to the qualified electors within that territory, NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS Section 1 Findmas The City Council finds that (r) the foregoing iecitals are correct, (n) less than 12 persons have been iegisteied to vote within the territory proposed to be annexed to the Conniriunty Facilities Dish ict during the 90 days preceding the close of the public hearing held on December 19, 2017, and no persons are iegistered to vote therein, (iii) pursuant to Section 53326 of the California Goveinirrent Code, as a iesult of the findings set forth In clause (n) above, the vote in the special election called by this iesoh itiorn shall be by the landowners of the territory pioposed to be annexed to the Cormnunity Facilities District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, of portion thereof, which he or she owns within said territory which would be subject to the proposed special taxes if they wei e levied at the time of the election, and (iv) pursuant to said Section 53326, the special election must be held at least 90 days, but not more than 180 days following the date of the adoption of this resolution, unless such tune periods are waived with the unanunous waiver of the qualified electors All of the qualified electors in the territory to be ainnexed waived the time limits and election forinalities of the special electron Section 2 Special Election A special electron is called foi and shall be held on Tuesday, December 19, 2017, foi the purpose of submitting to the qualified electors of the territory proposed to be annexed to the Community Facilities District the question of whether special taxes shall annually be levied withm said territory to pay the costs of the maintenance of street trees, landscaping and irrigation in the rights-of-way and landscape maintenance easement along the property fiontage within and in the area of the property and the Conununity Facilities District, the costs associated with the deterinninatiorn of the amount of and levy and collection of special taxes which will be levied to provide the services, and costs otherwise incuned in order to carry out the authoiized purposes of the Conununity Facilities District pursuant to the Rates and Method of Apportioninent of the Special Taxes, attached as Exhibit "B" to Resolution No 7791 Section 3 Ballot Provosition The proposition to be submitted on December 19, 2017, to the qualified electors of the territory proposed to be annexed to the Corninnunity Facilities Distilet shall be as follows First Proposition Shall special taxes be levied annually on taxable property in the territory proposed to be annexed to Conninunty Facilities District No 2004-1 of the City of Redlands, County of San Bernardino, State of California, to pay the costs of the maintenance of street trees, landscaping and irrigation in the rights-of-way and landscape maintenance -2- I1calResoMOS REDLANDS CFD 2004 1 ANNEX 15 RESOLUTION CALLING ELECTION-cl doe easement along the property frontage within and in the area of the ploperty and the Conununity Faculties District, and to pay costs associated with the determination of the amount of and the levy and collection of the special taxes at the special tax rates provided fol Special Tax Rate Category"A", as set forth in Exhibit "B"to Resolution No 7791 and foi Fiscal Year 2015-19 assessed at the rate set forth in Table 2 in Exhibit"B"to Resolution No 7791, subject to annual incl eases beginning is Fiscal Yeas 2019-20 by the percentage increase in the Consumes Price Index as determined pursuant to the method of apportioning such special taxes set forth in said Exhibit "B"? Section 4 Conduct of Election Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk (the "City Cleik") pursuant to the provisions of the California Elections Code governing elections of cities, and the provisions of Division 4 (conunencing with Section 4000) of said Code, insofar as they may be applicable Section 5 Election Procedures The procedures to be followed in conducting said election shall be as follows (a) Pursuant to Section 53326 of the California Governinent Code, ballots for the election shall be distributed to the qualified electors by the City Clerk by mall with return postage prepaid {b) Pursuant to applicable sections of the aforementioned piovisions of the California Electrons Code governing the conduct of mail ballot elections, including in particulai Division 4 (coininencing with Section 4000) of said Code, the City Clerk shall marl of deliver to each qualified elector an official ballot in the form attached hereto as Exhibit "A," and shall also mail of delivei to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk fol the ieturrn of voted official ballots, and a copy of Resolution 7791 (c) The official ballot to be snarled by the City Clerk to each landowner-votes shall have printed or typed thereon the naive of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he of she is an officer of or othei person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-votel is entitled based on its land ownership on the proposition set forth in the official ballot as maikcd thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner- voter's land ownership within the Community Facilities Disti ret (d) The return identification envelope delivered by the City Cleric to each landowner-voter shall have printed of typed thereon the following the name of the landowner, -3- 1 1ca\Reso17808 REDLANDS CFD 2004 1 ANNEX 15 RESOLUTION CALLING ELECTION-cl doc the address of the landowner, a declaration under penalty of penury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose naive appears on the identification envelope, the printed name and signature of the voter, the address of the voter, the date of signing and place of execution of said declaration, and a notice that the envelope contains an official ballot and is to be opened only by the City Clerk (e) The information-to-voter form to be mailed by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by five (5) o'clock p in on the date of the election (f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council as to the results of such canvass and the election on the proposition set forth in the official ballot ADOPTED this 19th day of December, 2017 Paul W Foster, Mayor ATTEST nne Donaldson, City Clerk -4- 1 1ca\Reso17808_REDLANDS CFD 2004 1 ANNEX 15 RESOLUTION CALLING ELECTION cl doe EXHIBIT "A" OFFICIAL BALLOT SPECIAL ELECTION FOR COMMUNITY FACILITIES DISTRICT NO 2004-1 OF THE CITY OF REDLANDS COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA Decembei 19, 2017 To vote, mask a cross (+ or X) in the voting square aftel the word "YES" of after the word "NO" All marks otherwise made aie foibidden All distinguishing marks are foibidden and make the ballot void If you wrongly maik, tear, of deface this ballot, return it to the City Cleik of the City of Redlands and obtain anothei PROPOSITION A Shall special taxes be levied annually on taxable property in the territory proposed to be aimexed to Corntnunity Facilities District No 2004-1 of the City of Redlands, County of San Bernardino, State of Califoinia, to pay the costs of the maintenance of stieet tiees, Iandscaping and irrigation in the rights-of- way and landscape maintenance easement along the property fi-ontage within and in the area of the property and the Community Facilities Disti tet, and to pay costs associated with the deternu ation of the amount of and the levy and collection of the special taxes at the special taxi ates provided for Special Tax Rate Category "A", as set forth in Exhibit "B" to Resolution No 7791 and fol Fiscal Year 2018-19 assessed at the rate set forth in Table 2 in Exhibit "B" to Resolution No 7791, subject to annual increases beginning in Fiscal Year 2019-20 by the percentage YES increase in the Consumer Price Index as determined pursuant to the method of apportioning such special taxes set forth in NO said Exhibit "B"9 S 1ca\Reso17808 REDLANDS CPD 2004 1 ANNEX 15 RESOLUTION CALLING ELECTION cI doc CERTIFICATION I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing resolution was regularly adopted by the City Council of said City at a regular meeting of said Council duly held on the 19th day of December, 2017 by the following vote AYES Councilmeinbers Harrison, Barich, Tejeda, Momberger, Mayor Foster NOES NONE ABSENT NONE ABSTAIN NONE IN WITNESS WHEREOF, I have hereunto set my hand flus 19TH day of December, 2017 Jea onaldson, City Clerk 6 •1ca\Reso17808 REDLANDS CFD 2004-1 ANNEX 15-RESOLUTION CALLING ELECTION cl.doc