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HomeMy WebLinkAbout2009-016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (COMPANION RESOLUTIONS: 2009-15 & 2009-17) RESOLUTION NO. 2009-16 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. 7 OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 7 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 Govemment Code the Mayor and Common Council 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.1 033, County of San Bernardino, State of California (hereafter referred to as "CFD No.1 033"); and, WHEREAS, by that resolution, the Mayor and Common Council 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. 7") with respect to the levy of special taxes therein; and, WHEREAS, pursuant to Section 53326 of the California Government Code, itis necessary that the Mayor and Common Council submit to the voters of Annexation No.7 the annual levy of special taxes on taxable property within Annexation No.7; and, WHEREAS, pursuant to Section 53325.7 of the California Government Code, the Mayor and Common Council may also submit to the voters of Annexation No. 7 a proposition for the establishment of an appropriations limit for Annexation No.7; and, 12/18/08 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2009-16 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF mE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO.7 OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 7 AND THE EST ABLlSHMENT OF AN APPROPRlA TlONS LIMIT. WHEREAS, the City Clerk has advised the Mayor and Common 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.7; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: SECTION 1. Findings. The Mayor and Common Council finds 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 January 20, 2009; (iii) pursuant to Section 53326 of the California Government Code, as a result of the fmdings 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. 7 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.7 by written consent: (a) waived the time limits set forth in Section 53326 of the California Govemment Code for holding the election called by this resolution and the election on the propositions; (b) consented to the holding of the election on January 20, 2009; (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 12/18/08 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2009-16 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.7 OF CITY OF SAN BERNARDINO COMMUNITY FACILITffiS DISTRICT NO. 1033 PROPOSmONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 7 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT. 9281 to 9287, inclusive, and 9295 of that Code, and mailing of a 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 has consented to the holding of the election on January 20, 2009. SECTION 2. Call of Election. The Mayor and Common Council hereby calls and schedules an election for January 20,2009, on the proposition of the annual levy of special taxes on taxable property within Annexation No.7 to CFD No. 1033, and on the proposition of the establishment of an appropriations limit for Annexation No.7 to CFD No. 1033. SECTION 3. ProDositions. The propositions to be submitted to the voters of Annexation No.7 at such special election shall be as follows: 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, California, Authorizing the Annexation of Territory Generally Located Between Palm Avenue and Olive Avenue Southwesterly of Belmont Avenue (Annexation No.7) 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.7, to pay for 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.7 ("Annexation No.7") establish an annual appropriations limit for Annexation No.7, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, in the amount of$50,000? 12/18/08 .3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2009-16 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF mE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO.7 OF CITY OF SAN BERNARDINO COMMUNITY FAClLITffiS DISTRICT NO. 1033 PROPOSmONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 7 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.7 to CFD No.1 033, and (ii) the proposition with respect to the establishment of an appropriations limit for Annexation No.7 to CFD No. 1033 in the amount of $50,000 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, shall mail or deliver to each qualified elector an official ballot in the appropriate form attached hereto as Exhibit "A," and shall also mail or deliver to all such qualified electors a ballot pamphlet 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. 12/18/08 4 2009-16 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF mE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF 1 ANNEXATION NO.7 OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033 PROPOSmONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 2 7 AND mE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 III 21 I II 22 23 24 25 26 27 28 (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, (iii) 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 l:nvelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 4:00 p.m. on the 20th day of January 2009; 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. 12/18/08 5 2009-16 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.7 OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WImIN ANNEXATION NO. 7 AND mE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 20th day of January Council Members: AYES ESTRADA x BAXTER x BRINKER (VACANT) KELLEY x JOHNSON x MCCAMMACK x meeting thereof held on , 2009, by the following vote, to-wit: NAYS ABSTAIN ABSENT x (2~ h. ~ City t:Jerk The foregoing resolution is hereby approved this .)Jsr day of Approved as to form: 12/18/08 .T:;:mu::Jry ,2009. ~yor an Bernardino 6 2009-16 EXHIBIT "A" - OFFICIAL BALLOT SPECIAL ELECTION City of San Bernardino Community Facilities District No. 1033 Annexation No.7 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 January 20, 2009, by mail or in person; or in person to the location of the public hearing no later than 4:00 p.m. on January 20, 2009. 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 square after the word "YES" or after the word "NO". All marks otherwise made 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 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 entided "A Resolution of the Mayor and Common Council of the City of San Bernardino, California, Authorizing the Annexation of Territory Generally Located Between Palm Avenue and Olive Avenue Southwesterly of Belmont Avenue (Annexation Yes D No. 7) 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 on taxable property within City of San No D Bernardino Community Facilities District No. 1033, Annexation No.7, to pay for 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.7 ("Annexation No. 7'') establish an annual appropriations limit for Annexation No.7, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, in the amount of $50,OOO? YesD NoD