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HomeMy WebLinkAboutResolution 2017-027 N.C.S. 02/27/2017Resolution No. 2017-027 N.C.S. of the City of Petaluma, California CALLING A SPECIAL TAX ELECTION CITY OF PETALUMA Community Facilities District No. 2016-01 (Petaluma Riverfront) WHEREAS, on January 9, 2017, the City Council ("Council") of the City of Petaluma (the "District"), County of Sonoma, State of California, adopted Resolution No. 2017-010 N.C.S. entitled "Resolution of the City Council of the City of Petaluma Declaring Intention to Establish a Community Facilities District" (the "Resolution of Intention") with respect to Community Facilities District No. 2016-01 (Petaluma Riverfront) (the "CFD") of the District pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"); and WHEREAS, on February 27, 2017, the Council adopted Resolution No. 2017-026 N.C.S. entitled "A Resolution of the City Council of the City of Petaluma to Form a Community Facilities District" (the "Resolution of Formation"); and WHEREAS, pursuant to the provisions of the Resolution of Formation, a proposition to authorize the levy of special taxes within the CFD is to be submitted to the Qualified Electors of the CFD as required by the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"). NOW, THEREFORE, BE IT RESOLVED that the Council, acting as the legislative body of the CFD, hereby finds and determines as follows: Section 1. Qualified Electors. The Council has heretofore found that fewer than twelve persons have been registered to vote within the territory of the CFD for the ninety days preceding the close of the public hearing heretofore held by the Council for the purposes of these proceedings. Accordingly, the vote shall be by the landowners within the CFD (the "Qualified Electors"), and each qualified elector at the close of such public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the CFD. Section 2. Election Process. The ballot related to the levy of the CFD special tax shall be submitted to the Qualified Electors at a special election to be held on February 13, 2017, immediately following the adoption of this resolution. Such election shall be a special election to be conducted by the City Clerk (hereinafter referred to as the "Election Official"). If the proposition for the levy of the special tax receives the approval of more than two-thirds (2/3rds) of the votes cast on the proposition, the special tax thereby approved may be levied as provided for in the Resolution of Formation. Section 3. Petition on File. There is on file with the City Clerk a Petition, Consent and Waiver executed by each qualified elector of the CFD requesting a shortening of the time for Resolution No. 2017-027 N.C.S. Page 1 the special election in order to expedite the process of formation of the CFD and unanimously waiving any requirement for analysis and arguments in connection therewith. Section 4. Conduct of the Election. The Election Official has consented to conducting the special election on February 27, 2017, which date is less than 125 days following the adoption of the Resolution of Formation. The special election shall be conducted by personally delivered or mailed ballots and in accordance with the provisions of law regulating elections of the CFD insofar as such provisions are determined by the City Clerk to be applicable. The voted ballots shall be returned to the City Clerk not later than 4:30 p.m. on February 27, 2017; provided that if all of the Qualified Electors have voted prior to such time, the election may be closed by the City Clerk. Section 5. Ballot. The form of the ballot for the election is attached hereto as Exhibit A and by this reference incorporated herein. The Election Official shall cause to be delivered to each of the Qualified Electors of the CFD a ballot in said form. Each ballot shall indicate the number of votes to be voted by the respective qualified elector based upon the number of acres of land or portion thereof which he or she owns within the CFD. The identification envelope for return of the ballot shall be enclosed with the ballot, shall have the postage prepaid and shall contain: (a) the name and address of the qualified elector; (b) a declaration, under penalty of perjury, stating that the qualified elector is the owner of record, or the authorized representative thereof, and is the person whose name appears on the identification envelope; (c) the printed name, signature and address of the qualified elector; (d) the date of signing and place of execution of the declaration described above; and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot proposition are hereby waived. Section 6. Vote. The appropriate mark on the ballot placed in the voting square after the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of such proposition. Section 7. Receiving Ballots. The Election Official shall accept the ballots of the Qualified Electors in the office of the City Clerk to and including 4:30 p.m. on February 27, 2017, whether said ballots shall be personally delivered or received by mail. Section 8. Election Procedure. The Election Official is hereby authorized to take any and all steps necessary for holding the above special election. The Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of the special election, including but not limited to, the following: A. Prepare and furnish the necessary election supplies for the conduct of the election. B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish official ballots for the Qualified Electors of the CFD. D. Cause the official ballots to be presented to the Qualified Electors, as required by law. E. Receive the returns of the election and supplies. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. Resolution No, 2017-027 N.C.S. Page 2 REFERENCE: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. Under the power and authority conferred upon this Council by the Charter of said City. I hereby certify the foregoing Resolution was introduced and adopted by the ,Ap t robed as to Council of the City of Petaluma at a Regular meeting on the 27`h day of February, farm: 2017, by the following vote:' Ci Attorney Albertson, Vice Mayor Barrett, Mayor Glass, Healy, Kearney, King, Miller None None None City Clerk Pro Tem —0'ce ayor Resolution No. 2017-027 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 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. 2017-027 N.C.S. Page 4