HomeMy WebLinkAbout2008-066
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RESOLUTION NO. 2008-66
A RESOLUTION OF TIlE MAYOR AND COMMON COUNCIL OF TIlE CITY OF
SAN BERNARDINO, CALIFORNIA, CALLING A SPECIAL ELECTION AND
SUBMITTING TO TIlE VOTERS OF ANNEXATION NO.5, GENERALLY LOCATED
SOUTHERLY OF BELMONT AVENUE, EASTERLY OF OLIVE AVENUE, OF CITY OF
SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033 PROPOSmONS
REGARDING TIlE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO.
5 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT.
WHEREAS, the City of San Bernardino, California (the "City"), is a municipal
corporation and charter city, duly organized and existing pursuant to the provisions of the
Constitution of the State of California; and,
WHEREAS, pursuant to Section 53325.1 of the California Government Code the Mayor and
Common COWlcil of the City of San Bernardino (hereafter referred to as the "City") have adopted
the resolution authorizing the annexation of territory to City of San Bernardino Community
Facilities District No. 1033, COWlty of San Bernardino, State of California (hereafter referred to
as "CFD No. 1033"); and
WHEREAS, by that resolution, the Mayor and Common COWlcil called special elections on
the propositions to be submitted to the voters of the territory proposed to be annexed to CFD No.
1033 (hereafter referred to as "Annexation No.5") with respect to the levy of special taxes therein;
and
WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary
that the Mayor and Common COWlcil submit to the voters of Annexation No.5 the annual levy of
special taxes on taxable property within Annexation No.5; and
WHEREAS, pursuant to Section 53325.7 of the California Government Code, the Mayor
and Common COWlcil may also submit to the voters of Annexation No. 5 a proposition for the
establishment of an appropriations limit for Annexation No.5; and
02/21/08
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF TIlE CITY OF SAN BERNARDINO,
CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMI'ITING TO THE VOTERS OF
ANNEXATION NO. S, GENERALLY LOCATED SOUTHERLY OF BELMONT AVENUE, EASTERLY OF
OLIVE AVENUE, OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033
PROPOSmONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITIIIN ANNEXATION NO.
S AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT.
WHEREAS, the City Clerk has advised the Mayor and Cornmon Council that she has
received a statement from the Registrar of Voters of the County of San Bernardino that there are
less than 12 persons registered to vote within Annexation No.5;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
FOLLOWS:
SECTION 1. Findimls. The Mayor and Cornmon Council fmds that: (i) the foregoing
recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory to
be annexed to CFD No. 1033 for each of the 90 days preceding the close of the public hearing on
March 3, 2008; (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 to be annexed to CFD No. 1033, 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 Annexation No.
5 which would be subject to the proposed special taxes if they were levied at the time of the
election; (iv) the owners of all of the land in Annexation No.5 by written consent (a) waived the
time limits set forth in Section 53326 of the California Government Code for holding the election
called by this resolution and the election on the propositions (b) consented to the holding of the
election on March 3, 2008, (c) waived notice and mailed notice of the time and date of the election,
(d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section
9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, CALLING A SPECIAL ELECfION AND SUBMITTING TO THE VOTERS OF
ANNEXATION NO.5, GENERALLY LOCATED SOUTHERLY OF BELMONT AVENUE, EASTERLY OF
OLIVE AVENUE, OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DlSTRICf NO. 1033
PROPOSmONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO.
5 AND THE ESTABUSHMENT OF AN APPROPRIATIONS LIMIT.
9287, inclusive, and 9295 of that Code, and mailing ofa statement pursuant to Section 9401 of that
Code, and (e) waived a synopsis of the measures to be included in the official ballot for said
elections pursuant to Section 12111 of that Code; and (v) the City Clerk (hereafter referred to as
the "City Clerk") has consented to the holding of the election on March 3,2008.
SECTION 2. Call of Election. The Mayor and Common Council hereby calls and
schedules an election for March 3, 2008, on the proposition of the annual levy of special taxes on
taxable property within Annexation No. 5 to CFD No. 1033, and on the proposition of the
establishment of an appropriations limit for Annexation No.5 to CFD No. 1033.
SECTION 3. Prooositions. The propositions to be submitted to the voters of Annexation
No.5 at such special election shall be as follows:
PROPOSITION A: Shall special taxes with a rate and method of apportiornnent as set
forth in Exhibit "A" to the resolution entitled "A Resolution of the Mayor and Common Council
of the City of San Bernardino, California, Authorizing the Annexation of Territory (Annexation
No.5) to Community Facilities District No. 1033 and Authorizing the Levy of a Special Tax and
Submitting the Levy of Tax to the Qualified Electors." (the "Resolution of Annexation") be levied
annually on taxable property within City of San Bernardino Community Facilities District No.
1033, Annexation No.5, to pay for the continued operation and maintenance of the Verdernont Fire
Station, and incidental expenses thereto?
PROPOSITION B: Shall the City of San Bernardino on behalf of City of San Bernardino
Community Facilities District No. 1033, Annexation No.5 ("Annexation No.5") establish an
annual appropriations limit for Annexation No.5, as defined by subdivision (h) of Section 8 of
Article Xllm of the California Constitution, in the amount of$500,000?
02/21/08
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF
ANNEXATION NO. 5, GENERALLY LOCATED SOUTHERLY OF BELMONT AVENUE, EASTERLY OF
OLIVE AVENUE, OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033
PROPOSmONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO.
S AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT.
SECTION 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, the
consolidated special elections shall be conducted by the City Clerk in accordance with the
provisions of the California Elections Code governing mail ballot elections of cities, and in
particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as
they may be applicable.
SECTION 5. Election Procedures. The procedures to be followed in conducting the
consolidated special elections on (i) the proposition with respect to the levy of special taxes on
taxable property within Annexation No.5 to CFD No. 1033, and (ii) the proposition with respect
to the establishment of an appropriations limit for Annexation No.5 to CFD No. 1033 in the
amount of $500,000 shall be as follows:
(a) Pursuant to Section 53326 of the California Government Code,
ballots for the Special Elections shall be distributed to the qualified electors
by the City Clerk or their designee by mail or by personal service.
(b) Pursuant to applicable sections of the California Elections Code
governing the conduct of mail ballot elections of cities, and in particular
Division 4 (commencing with Section 4000) of that Code with respect to
election conducted by mail, the City Clerk, or designee, sball mail or
deliver to each qualified elector an official ballot in the appropriate form
attached hereto as Exhibit "A," and sball also mail or deliver to all such
qualified electors a ballot pampWet and instructions to voter, a return
identification envelope addressed to the City Clerk for the return of voted
official ballots.
(c) The official ballot to be mailed or delivered 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.
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMI'ITING TO THE VOTERS OF
ANNEXATION NO. 5, GENERALLY LOCATED SOUTHERLY OF BELMONT AVENUE, EASTERLY OF
OLIVE AVENUE, OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033
PROPOSmONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO.
S AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT.
(d) The return identification envelope mailed or delivered by the City
Clerk to each landowner-voter shall have printed or typed thereon the
following: (i) the name of the landowner, (ii) the address of the landowner,
(Hi) 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 person whose name appears on the
identification envelope, (iv) the printed name and signature of the voter, (v)
the address of the voter, (vi) the date of signing and place of execution of
the declaration, and (vii) 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 delivered 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 in the sealed
return identification envelope with the certification thereon completed and
signed and all other information to be inserted thereon properly inserted by
4:00 p.m. on the 3rd day of March 2008; provided that if all qualified
electors have voted, the elections shall be closed with the concurrence of
the City Clerk.
(f) Upon receipt of the return identification envelopes, which are
returned prior to the voting deadline on the date of the elections, the City
Clerk shall canvass the votes cast in the election, and shall file a statement
with the Mayor and Common Council as to the results of such canvass and
the election on each proposition set forth in the official ballot.
/II
/II
02/21/08
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF
ANNEXATION NO. 5, GENERALLY LOCATED SOUTHERLY OF BELMONT AVENUE, EASTERLY OF
OLIVE AVENUE, OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033
PROPOSmONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO.
S AND mE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j oint regular
the 3rd
day of March
meeting thereof held on
, 2008, by the following vote, to-wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
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25 Approved as to form:
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02/21/08
~~ k. ~
21 The foregoing resolution is hereby approved this t;{ day of March
,2008.
(/~
Neil Derry, Mayor Pro Tern
City of San Bernardino
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EXHIBIT "A"
IIJ""'."~"'"
,.. ~"
~, "
OFFICIAL BAlLOT
SPECIAL ELECTION
City of San Bernardino Community Facilities District No. 1033
Annexation No.5
This ballot is for a special landowner election. You must return this ballot in the enclosed
Identification Envelope to the office of the City Clerk of the City of San Bernardino no later than 3:00 p.m.
on March 3, 2008, by mail or in person; or in person to the location of the public hearing no later than 4:00
p.m. on March 3, 2008. The City Clerk's office is located at 300 N. ''0'' Street, 2nd Floor, San Bernardino,
California, 92418. The public hearing will be held at the City Council Chambers, 300 N. ''0'' Street, San
Bernardino, California.
This ballot represents _ votes.
To vote, mark a cross (X) in the voting sqnare after the word "YES" or after the word ''NO''.
All marks otherwise made are forbidden and make the baUot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of San
Bernardino to obtain a replacement ballot.
,
PROPOSITION A: Shall special taxes with a rate and method of:
apportionment as set forth in Exhibit "A" to the resolution entitled "A :
Resolution of the Mayor and Common Council of the City of San Bernardino, i
California, Authorizing the Annexation of Territory (Annexation No.5) to: D
Community Facilities District No. 1033 and Authorizing the Levy of a Special: Yes
Tax and Submitting the Levy of Tax to the Qualified Electors." (the ''Resolution'
of Annexation") be levied annually on taxable property within City of San D
Bernardino Community Facilities District No. 1033, Annexation No.5, to pay for No
the continued operation and maintenance of the Verdemont Fire Station, and
incidental expenses thereto?
-------------------.-----.---------------------------.-------------------------------_._-----~-------------------
PROPOSITION B: Shall the City of San Bernardino on behalf of City of San
Bernardino Community Facilities District No. 1033, Annexation No.5
("Annexation No.5'') establish an annual appropriations limit for Annexation
No.5, as defined by subdivision (h) of Section 8 of Article XIIIB of the
California Constitution, in the amount of $500,000?
:YesD
NoD