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HomeMy WebLinkAbout8163RESOLUTION NO. 8163 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 24) WHEREAS, the City Council (the "City Council") of the City of Redlands (the "City") has heretofore conducted proceedings for 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 parks, parkways and open space, including, but not limited to, the maintenance of street trees and landscape, within the Community Facilities District and in the surrounding area, the costs associated with the determination 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 Community Facilities District; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello -Roos Community Facilities Act of 1982," to annex territory to the Community Facilities District; and WHEREAS, on December 1, 2020, the City Council adopted Resolution No. 8149, a resolution of intention to annex territory to the Community Facilities District pursuant to Section 53339.2 of the California Government Code, determining that the public convenience and necessity require that certain property, consisting of approximately 0.79 acres, be annexed to the Community Facilities District and containing all of the matters prescribed by Section 53339.3 of said Code, and fixing 6:00 p.m., or as soon thereafter as the matter may be heard, on January 19, 2021, in the meeting room of the City Council, or via teleconference as directed by the City due to COVID-19 social distancing guidelines as the time and place for 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 January 19, 2021, at the time and place of said hearing, the City Council afforded all interested persons for or 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 Community Facilities District, and no protests, either oral or in writing, were received; and 17942.00056\33448448.1 1 I:\Resolutions\Res 8100-8199\8163 Resolution Calling Election - CFD 2004-1 ANNEX 24.doe 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 Community 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. Findings. The City Council finds that: (i) the foregoing recitals are correct; (ii) less than 12 persons have been registered to vote within the territory proposed to be annexed to the Community Facilities District during the 90 days preceding the close of the public hearing held on January 19, 2021, and no persons are registered to vote therein; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the territory proposed to be annexed to the Community 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, or portion thereof, which he or she owns within said territory which would be subject to the proposed special taxes if they were 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 time periods are waived with the unanimous waiver of the qualified electors. All of the qualified electors in the territory to be annexed waived the time limits and election formalities of the special election. Section 2. Special Election. A special election is called for and shall be held on Tuesday, January 19, 2021, for 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 within said territory to pay the costs of the maintenance of parkways adjacent to CUP No. 1129, including but not limited to, the maintenance of street trees, and landscape within and in the area of the Property and the Community Facilities District, the costs associated with the determination 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 Community Facilities District pursuant to the Rates and Method of Apportionment of the Special Taxes, attached as Exhibit 'B" to Resolution No. 8149. Section 3. Ballot Proposition. The proposition to be submitted on January 19, 2021, to the qualified electors of the territory proposed to be annexed to the Community Facilities District shall be as follows: First Proposition Shall Proposition A authorizing the annual levy of special taxes on taxable property in the territory proposed to be annexed to Community 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 parkways adjacent to CUP No. 1129, including but not limited to, the maintenance of street trees, and landscape within and in the area of the Property and the Community Facilities District, and to pay costs associated with the 17942.00056\3 3448448. 1 -2- determination of the amount of and the levy and collection of the special taxes at the special tax rates provided for Special Tax Rate Category "B", as set forth in Exhibit `B" to Resolution No. 8149 and for Fiscal Year 2021-22 assessed at the rate set forth in Table 2 in Exhibit `B" to Resolution No. 8149, subject to annual increases beginning in Fiscal Year 2022-23 by the greater of 2% or the percentage increase in the Consumer Price Index as determined pursuant to the method of apportioning such special taxes set forth in said Exhibit `B" be approved? Section 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk (the "City Clerk") pursuant to the provisions of the California Elections Code governing elections of cities, and the provisions of Division 4 (commencing 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 Government Code, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid. (b) Pursuant to applicable sections of the aforementioned provisions of the California Elections Code governing the conduct of mail ballot elections, including in particular Division 4 (commencing with Section 4000) of said Code, the City Clerk shall mail or deliver to each qualified elector an official ballot in the form attached hereto as Exhibit "A," and shall also mail or deliver 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 for the return of voted official ballots, and a copy of Resolution 8052. (c) The official ballot to be mailed by the City Clerk to each landowner -voter shall have printed or typed thereon the name 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 or she is an officer of or other 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 -voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked 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 District. (d) The return identification envelope delivered by the City Clerk to each landowner - voter shall have printed or typed thereon the following: the name of the landowner, the address of the landowner, a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the 17942.00056\33 448448. 1 -3- person whose name 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.m. 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 January, 2021. PaI.W.F.0 W.—Nod h Im. i � eNA fMayor, City of keMands ATTEST: e Donaldson, City Clerk 17942.00056\33448448.1 -4- 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 January 19, 2021 To vote, mark a cross (+ or 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 Redlands and obtain another. PROPOSITION A: Shall Proposition A authorizing the annual levy of special taxes on taxable property in the territory proposed to be annexed to Community 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 parkways adjacent to CUP No. 1129, including but not limited to, the maintenance of street trees, and landscape within and in the area of the Property and the Community Facilities 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 for Special Tax Rate Category "B", as set forth in Exhibit `B" to Resolution No. 8149 and for Fiscal Year 2021-22 assessed at the rate set forth in Table 2 in Exhibit `B" to Resolution No. 8149, subject to annual increases beginning in Fiscal Year 2022-23 by the greater of 2% or the percentage increase in the Consumer Price Index as determined pursuant to the method of apportioning such special taxes set forth in said Exhibit `B" be approved? YES NO 17942.00056\33448448.1 5 L\Resolutions\Res 8100-8199\8163 Resolution Calling Election - CFD 2004-1 ANNEX 24.doe 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 January, 2021 by the following vote: AYES: Councilrnembers Barich, Tejeda, Davis, Guzman -Lowry; Mayor Foster NOES: None ABSENT: None ABSTAINED. None IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of January, 2021. Jea onaldson, City Clerk W 1794100056133448448.1