HomeMy WebLinkAbout2014-069 RESOLUTION NO. 2014-69
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2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO CALLING A SPECIAL ELECTION AND
3 SUBMITTING TO THE VOTERS OF ANNEXATION NO. 8 OF CITY OF SAN
4 BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033 PROPOSITIONS
REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION
5 NO. 8 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT.
6 WHEREAS, the City of San Bernardino, California (the "City"), is a municipal
7 corporation and charter city, duly organized and existing pursuant to the provisions of the
8 Constitution of the State of California; and,
9 WHEREAS, pursuant to Section 53325.1 of the California Government Code the
10 Mayor and Common Council of the City of San Bernardino (hereafter referred to as the
11 "City") have adopted the resolution authorizing the annexation of territory to City of San
12 Bernardino Community Facilities District No. 1033, County of San Bernardino, State of
13 California(hereafter referred to as "CFD No. 1033"); and,
14 WHEREAS, by that resolution, the Mayor and Common Council called special
15 elections on the propositions to be submitted to the voters of the territory proposed to be
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annexed to CFD No. 1033 (hereafter referred to as "Annexation No. 8") with respect to the
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levy of special taxes therein; and,
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WHEREAS, pursuant to Section 53326 of the California Government Code, it is
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necessary that the Mayor and Common Council submit to the voters of Annexation No. 8 the
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annual levy of special taxes on taxable property within Annexation No. 8; and,
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WHEREAS, pursuant to Section 53325.7 of the California Government Code, the
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Mayor and Common Council may also submit to the voters of Annexation No. 8 a proposition
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24 for the establishment of an appropriations limit for Annexation No. 8; and,
25 WHEREAS, the City Clerk has advised the Mayor and Common Council that she has
26 received a statement from the Registrar of Voters of the County of San Bernardino that there
27 are less than 12 persons registered to vote within Annexation No. 8;
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2014-69
1 NOW, THEREFORE, BE IT RESOLVED,DETERMINED AND ORDERED BY
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
2 AS FOLLOWS:
3 SECTION 1. Findings. The Mayor and Common Council finds that: (i) the
4 foregoing recitals are true and correct and are hereby incorporated herein; (ii) 12 persons have
5 not been registered to vote within the territory to be annexed to CFD No. 1033 for each of the
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90 days preceding the close of the public hearing on March 17, 2014; (iii) pursuant to Section
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8 53326 of the California Government Code, as a result of the findings set forth in clause (ii)
9 above, the vote in the special election called by this resolution shall be by the landowners of
10 the territory to be annexed to CFD No. 1033, whose property would be subject to the special
11 taxes if they were levied at the time of the election, and each landowner shall have one vote
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for each acre, or portion thereof, which he or she owns within Annexation No. 8 which would
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14 be subject to the proposed special taxes if they were levied at the time of the election; (iv) the
15 owners of all of the land in Annexation No. 8 by written consent: (a) waived the time limits
16 set forth in Section 53326 of the California Government Code for holding the election called
17 by this resolution and the election on the propositions; (b) consented to the holding of the
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election on March 17, 2014; (c) waived notice and mailed notice of the time and date of the
19 election; (d) waived an impartial analysis by the City Attorney of the ballot propositions
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21 pursuant to Section 9280 of the California Elections Code and arguments and rebuttals
22 pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, and mailing of a
23 statement pursuant to Section 9401 of that Code; and (e) waived a synopsis of the measures to
24 be included in the official ballot for said elections pursuant to Section 12111 of that Code; and
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(v)the City has consented to the holding of the election on March 17, 2014.
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1 SECTION 2. Call of Election. The Mayor and Common Council hereby calls and
2 schedules an election for March 17, 2014, on the proposition of the annual levy of special
3 taxes on taxable property within Annexation No. 8 to CFD No. 1033, and on the proposition
4 of the establishment of an appropriations limit for Annexation No. 8 to CFD No. 1033.
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6 SECTION 3. Propositions. The propositions to be submitted to the voters of
7 Annexation No. 8 at such special election shall be as follows:
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9 PROPOSITION A: Shall special taxes with a rate and method of apportionment as
10 set forth in Exhibit "A" to the resolution entitled "A Resolution of the Mayor and Common
11 Council of the City of San Bernardino, California, Authorizing the Annexation of Territory
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Generally Located on the Southwesterly Side of Cajon Boulevard, known as 6207 N. Cajon
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14 Boulevard (Annexation No. 8) to Community Facilities District No. 1033 and Authorizing the
15 Levy of a Special Tax and Submitting the Levy of Tax to the Qualified Electors." (the
16 "Resolution of Annexation") be levied annually on taxable property within City of San
17 Bernardino Community Facilities District No. 1033, Annexation No. 8, to pay for the
18 continued operation and maintenance of the Verdemont Fire Station, and incidental expenses
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20 thereto?
21 PROPOSITION B: Shall the City of San Bernardino on behalf of City of San
22 Bernardino Community Facilities District No. 1033, Annexation No. 8 ("Annexation No. 8")
23 establish an annual appropriations limit for Annexation No. 8, as defined by subdivision (h) of
24 Section 8 of Article XIIIB of the California Constitution, in the amount of$500,000?
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SECTION 4. Conduct of Election. Except as otherwise provided in Section 5
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27 hereof, the consolidated special elections shall be conducted by the City Clerk in accordance
28 with the provisions of the California Elections Code governing mail ballot elections of cities,
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1 and in particular the provisions of Division 4 (commencing with Section 4000), of that Code,
2 insofar as they may be applicable.
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SECTION 5. Election Procedures. The procedures to be followed in conducting the
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5 consolidated special elections on (i)the proposition with respect to the levy of special taxes on
6 taxable property within Annexation No. 8 to CFD No. 1033, and (ii) the proposition with
7 respect to the establishment of an appropriations limit for Annexation No. 8 to CFD No. 1033
8 in the amount of$500,000 shall be as follows:
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10 (a) Pursuant to Section 53326 of the California Government Code,
11 ballots for the Special Elections shall be distributed to the qualified
electors by the City Clerk or their designee by mail or by personal
12 service.
13 (b) Pursuant to applicable sections of the California Elections Code
governing the conduct of mail ballot elections of cities, and in
14 particular Division 4 (commencing with Section 4000) of that Code
15 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
16 appropriate form attached hereto as Exhibit "A," and shall also mail or
deliver to all such qualified electors a ballot pamphlet and instructions
17 to voter, a return identification envelope addressed to the City Clerk for
18 the return of voted official ballots.
19 (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
20 the landowner-voter and the number of votes to be voted by the
landowner-voter.
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22 (d) The return identification envelope mailed or delivered by the
City Clerk to each landowner-voter shall have printed or typed thereon
23 the following: (i) the name of the landowner, (ii) the address of the
landowner, (iii) a declaration under penalty of perjury stating that the
24 voter is the landowner or the authorized representative of the
25 landowner entitled to vote the enclosed ballot and is the person whose
name appears on the identification envelope, (iv) the printed name and
26 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
27 the envelope contains an official ballot and is to be opened only by the
28 City Clerk.
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1 (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
2 be returned to the City Clerk properly voted as provided thereon in the
sealed return identification envelope with the certification thereon
3 completed and signed and all other information to be inserted thereon
4 properly inserted by 5:00 p.m. on the 17th day of March 2014;
provided that if all qualified electors have voted, the elections shall be
5 closed with the concurrence of the City Clerk.
6 (f) Upon receipt of the return identification envelopes, which are
returned prior to the voting deadline on the date of the elections, the
7 City Clerk shall canvass the votes cast in the election, and shall file a
8 statement with the Mayor and Common Council as to the results of
such canvass and the election on each proposition set forth in the
9 official ballot.
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2014-69
1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF
2 ANNEXATION NO. 8 OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
1033 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN
3 ANNEXATION NO. 8 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a joint regular meeting
6 thereof held on the 17 thday of March , 2014, by the following vote,to-wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ x
10 BARRIOS x
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VALDIVIA x
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13 SHORETT x
14 NICKEL x
15 JOHNSON x
16 MULVIHILL x
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18 -���./�G2
19 George Hann City Clerk
20 The foregoing resolution is hereby approved this / day of March , 2014.
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22 R. CAREY •VIS, Mayor
23 City of San :ernardino
24 Approved as to form:
25 GARY D. SAENZ,
City Attorney
26 By. _ . .to. . . •
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1 EXHIBIT "A"
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4 irrr p'
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OFFICIAL BALLOT
7 SPECIAL ELECTION
City of San Bernardino Community Facilities District No. 1033
8 Annexation No. 8
9 This ballot is for a special landowner election. You must return this ballot in the enclosed
10 Identification Envelope to the office of the City Clerk of the City of San Bernardino no later than 3:00
p.m. on March 17, 2014, by mail or in person; or in person to the location of the public hearing no later
11 than 4:00 p.m. on March 17, 2014. The City Clerk's office is located at 300 N. "D" Street, 2nd Floor, San
Bernardino, California, 92418. The public hearing will be held at the City Council Chambers, 300 N. "D"
12 Street,San Bernardino, California.
13 This ballot represents 1 vote(s).
14 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.
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16 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.
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18 PROPOSITION A: Shall special taxes with a rate and method of
apportionment as set forth in Exhibit "A" to the resolution entitled "A
19 Resolution of the Mayor and Common Council of the City of San Bernardino,
California, Authorizing the Annexation of Territory Generally Located on the
20 Southwesterly Side of Cajon Boulevard, Known as 6207 N. Cajon Boulevard Yes
(Annexation No. 8) to Community Facilities District No. 1033 and Authorizing
21 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 No
22 City of San Bernardino Community Facilities District No. 1033, Annexation No.
8, to pay for the continued operation and maintenance of the Verdemont Fire
23 Station,and incidental expenses thereto?
24 PROPOSITION B: Shall the City of San Bernardino on behalf of City of San
25 Bernardino Community Facilities District No. 1033, Annexation No. 8
("Annexation No. 8") establish an annual appropriations limit for Annexation Yes
26 No. 8, as defined by subdivision (h) of Section 8 of Article XIIIB of the
California Constitution,in the amount of$500,000?
27 No
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