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HomeMy WebLinkAboutResolution 2017-028 N.C.S. 02/27/2017Resolution No. 2017-028 N.C.S. of the City of Petaluma, California DECLARING RESULTS OF SPECIAL TAX ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN CITY OF PETALUMA Community Facilities District No. 2016-01 (Petaluma Riverfront) WHEREAS, in proceedings heretofore conducted by the City Council ("Council") of the City of Petaluma (the "District"), County of Sonoma, State of California, pursuant to the Mello - Roos Community Facilities Act of 1982, as amended (the "Act"), has previously undertaken proceedings to create and did establish the City of Petaluma Community Facilities District No. 2016-01 (Petaluma Riverfront) (the "CFD") pursuant to the terms and provisions of the "Mello - Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"); and WHEREAS, the Council has heretofore adopted a resolution calling a special election of the qualified electors in the territory of land of the CFD as authorized by and accordance with the Act; and WHEREAS, the Council did call for and order to be held an election to submit to the qualified electors within the CFD a proposition relating to the levy of special taxes within the CFD; and WHEREAS, all requirements, including but not limited to any time limit, pertaining to the conduct of the special election have been waived by unanimous consent of the qualified electors of the CFD as authorized by the Act, which executed Landowner Petition, Waiver and Consent from each qualified elector is on file with the City Clerk and with the concurrence of the City Clerk as the designated election official (the "Election Official") conducting the election; and WHEREAS, as authorized by the unanimous waiver of special election requirements by all qualified electors pursuant to the Act (California Government Code section 53326(a)), the special election is by ballot mailed with the Notice of Public Hearing to all of the property owners within the CFD by the Election Official, to be tabulated by the Election Official at 4:30 p.m. or as soon thereafter at the close of the public hearing on February 27, 2017; and Resolution No. 2017-028 N.C.S. Page 1 WHEREAS, the Election Official has certified that a ballot in the form set forth in Exhibit A hereto was caused to be delivered to each of qualified electors in the CFD, that each ballot indicated the number of votes to be voted by the respective landowner to which it pertains, that each ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot, and that the envelopes to return the ballot were enclosed with the ballot, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot; and WHEREAS, the City Clerk accepted the ballots of the qualified electors in her office upon and prior to 4:30 p.m. on February 27, 2017, or as soon thereafter as the matter could be heard, which is the special election date, whether said ballots be personally delivered or received by mail. The City Clerk also made available ballots to be marked at her office on the election day by said qualified electors; and WHEREAS, the City Clerk has on file a Canvass and Statement of Results of Election, a copy of which is attached hereto as Exhibit B; and WHEREAS, the Council has reviewed that canvass and hereby approves it; and WHEREAS, at this time said election has been held and the measure voted upon such measure did receive the favorable votes of at least 2/3's the qualified electors within the CFD, and this Council desires to declare the results of the election in accordance with the provisions of the Elections Code of the State of California. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF PETALUMA COMMUNITY FACILITIES DISTRICT NO. 2016-01 (PETALUMA RIVERFRONT), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. The foregoing recitals are all true and correct. Section 2. Issues Presented. The issues presented at the special election were the levy of a special tax within the CFD pursuant to Resolution No. 2017-026 N.C.S. (the "Resolution of Formation"). Section 3. Canvass and Issues Approved. The Council hereby approves the Canvass and finds Resolution No. 2017-028 N.C.S. Page 2 that it shall be a permanent part of the record of its proceedings for the CFD. Pursuant to the Canvass and Statement of Results of Election, the ballot proposition presented at the special election was approved by the qualified electors of the CFD by more than two-thirds of the votes cast at the special election. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in said Canvass and Statement of Results of Election. Section 4. Proceedings Approved. Pursuant to the voter approval, the CFD is hereby declared to be fully formed with the authority to levy the special taxes in accordance with the approved Rate and Method of Apportionment of Special Tax as heretofore provided in these proceedings and in the Act. It is hereby found that all prior proceedings and actions taken by this Council with respect to the CFD were valid and in conformity with the Act. Section 5. Notice of Special Tax Lien. The City Clerk is hereby directed to complete, execute and cause to be recorded in the office of the County Recorder of the County of Sonoma a notice of special tax lien in the form required by the Act, such recording to occur no later than 15 days following adoption by the Council of this resolution. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the A roved as to Council of the City of Petaluma at a Regular meeting on the 27`h day of February, f' orm: 2017, by the following vote: Ci Attorney AYES: Albertson, Vice Mayor Barrett, Mayor Glass, Healy, Kearney, King, Miller NOES: None ABSENT: None ABSTAIN: None ATTEST: n , City Clerk Pro Tem i ayor Resolution No. 2017-028 N.C.S. Page 3 EXHIBIT A CITY OF PETALUMA Community Facilities District No. 2016-01 (Petaluma Riverfront) OFFICIAL BALLOT SPECIAL TAX ELECTION This ballot is for the special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City of Petaluma City Clerk for the no later than 4:30 p.m. on February 27, 2017, either by mail or in person. The office of the City Clerk is located at 11 English Street, Petaluma, CA 94952, 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. 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 for the City of Petaluma and obtain another. BALLOT MEASURE: Shall special taxes be levied annually on Taxable property within the City of Petaluma ("the City") Community Facilities District No. 2016-01 (Petaluma Riverfront) YES: (the "CFD"), County of Sonoma, State of California, to pay for the cost of services described in Exhibit "A" to Resolution No. 2017-010 N.C.S., adopted by the City Council on NO: January 9, 2017, and to pay expenses incidental thereto and to levy the collection of the special taxes, at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit `B" to Resolution No. 2017-010 N.C.S. By execution in the space provided below, you also confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code. Number of Votes: Property Owner: Attention: Address: Title: Resolution No. 2017-028 N.C.S. Page 4 EXHIBIT B CITY OF PETALUMA Community Facilities District No. 2016-01 (Petaluma Riverfront) CANVASS AND STATEMENT OF RESULT OF ELECTION I hereby certify that on this date, I canvassed the returns of the election held on this date, in Community Facilities District No. 2016-01 (Petaluma Riverfront) of the City of Petaluma which election is designated as the Special Tax Election, and the total number of ballots cast and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct: Qualified Landowner Ballots Landowner Votes Ballots Cast Votes Cast YES NO City of Petaluma Community Facilities District No. 2016-01 Special Tax Election February 27, 2017 2 2 38 38 38 0 BALLOT MEASURE: Shall special taxes be levied annually on Taxable property within the City of Petaluma (`the City") Community Facilities District No. 2016-01 (Petaluma Riverfront) (the "CFD"), County of Sonoma, State of California, to pay for the cost of services described in Exhibit "A" to Resolution No. 2017-010 N.C.S. adopted by the City Council on January 9, 2017, and to pay expenses incidental thereto and to levy the collection of the special taxes, at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit `B" to Resolution No. 2017-010 N.C.S. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 27th day of February, 2017. CITY OF PETALUMA By: J-a�� City Clerk Pro Tem Resolution No. 2017-028 N.C.S. Page 5