HomeMy WebLinkAbout6805_CCv0001.pdf RESOLUTION NO. 6805
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDLANDS CALLING A 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 THE TERRITORY PROPOSED TO BE ANNEXED
(ANNEXATION NO. 6)
WHEREAS, the City Council (the "City Council") of City of the Redlands (the
"City") has heretofore conducted proceedings for the establishment of and has established
Community Facilities District No. 2404-1 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 and 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.
WHEREAS, the City has received a signed petition from the owners of certain
parcels of property requesting that said parcels (the "Territory") be annexed to the Community
Facilities District, and agreeing to the annual levy of special taxes within the Territory sufficient
to pay the costs of such services and costs incidental thereto; 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 the
Territory to the Community Facilities District, and
WHEREAS, on November 18, 2008 the City Council adopted Resolution No.
6781, 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 the Territory be annexed to the Community Facilities District and
containing all of the matters prescribed by Section 53339.3 of said Code, and fixing 7:00 p.m. on
January 6, 2009, and the meeting room of the City Council, 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
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WHEREAS, on January 6, 2009, at the time and place of said hearing, the City
Council afforded all interested persons for or against the annexation of the Territory to the
Community Facilities District an opportunity to present testimony and to protest against the
proposed annexation of the Territory to the Community Facilities District, and no protests, either
oral or in writing, were received; and
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 to the Community Facilities
District to the qualified electors within the 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) more than 12 persons have been registered to vote within the Territory during the 90
days preceding the close of the public hearing held on January 6, 2009, and 85 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 registered voters residing within the Territory, and each registered
voter shall have one vote; and (iv) the City Clerk has consented to the holding of said election on
May 5, 2009.
Section 2. Special Election. A special election is called for and shall be held on
Tuesday, May 5, 2009, for the purpose of submitting to the qualified electors of the Territory the
question of whether special taxes shall annually be levied within the Territory to pay the costs of
the maintenance of parrs, parkways and open space, including, but not limited to, the
maintenance of street trees and landscape, within the Community Facilities District, including
the Territory, and in the surrounding area, and 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. 6781.
Section 3. Ballot Proposition. The proposition to be submitted on May 5, 2009,
to the qualified electors of the Territory shall be as follows:
First Proposition
Shall special taxes be levied annually on taxable property within 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 maintaining
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,
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ecial Electon.DOC
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 and pursuant to the method of
apportioning such special taxes set forth in Exhibit "8" to Resolution No. 6781 adopted
by the City Council of the City of Redlands on November 18, 2008.
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 by the City Clerk
in conducting said election shall be as follows:
(a) Pursuant to Section 9280 of the Election Code, the City Clerk shall
transmit to the City Attorney a copy of the proposition to be submitted to the qualified electors of
the Territory. The City Attorney shall prepare an impartial analysis of the measure in accordance
with the requirements of Election Code Section 9280.
(b) 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.
(c) 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 to each
qualified elector an official ballot in the form attached hereto as Exhibit "A," and shall also mail
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 No. 6781.
(d) The return identification envelope delivered by the City Clerk to each
registered voter shall have printed or typed thereon the following: the name of the registered
voter, the address of the registered voter, a declaration under penalty of perjury stating that the
voter is the registered voter entitled to vote the enclosed ballot and is the 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
registered 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
L:cclerk,.ResolutionslRes 6800-6879\6805 CFF?2004-1 ANNEX S rTal Elccton.DOC
completed and signed and all other information to be inserted thereon properly inserted by
8 o'clock p.m. on the date of the election.
(f) Upon receipt of the return identification envelopes which arc 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 at its next regular meeting as to
the results of such canvass and the election on the proposition set forth in the official ballot.
ADOPTED this 6th day of January, 2009.
ayor of the y o edlands
ATTEST:
City Jerk ofth ky'of Redlands
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EXHIBIT "A"
OFFICIAL BALLOT
SPECIAL ELECTION FOR
TERRITORY PROPOSED TO BE ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 2004-1
OF THE CITY OF REDLANDS
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
May 5, 2009
To vote, mark a cross (+) 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 special taxes be
levied annually on taxable property within
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 maintaining 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, and to pay costs
associated with the determination of the
amount of and the levy and collection of the YES
special taxes at the special tax rates and
pursuant to the method of apportioning such
special taxes set forth in Exhibit "B" to NO
Resolution No. 6781 adopted by the City
Council of the City of Redlands on
November 18, 2008?
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ecial Electon.DOC
CERTIFICATION
1, LORRIE POYZER, City Clerk of the City of Redlands, California, do hereby
certify that the foregoing Resolution was regularly introduced and adopted by the City
Council of the City of Redlands at a regular meeting thereof held on the 6th day of January,
2049 by the following vote of the Council:
AYES: Councilmembers Gilbreath, Gallagher, Aguilar, Bean; Mayor Harrison
NOES: None
ABSENT: None
ABSTAINED: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Redlands, California, this 7th day January, 2009.
City C k
City of Redlands, rnia
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