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HomeMy WebLinkAboutReso 151-2017 (17-1125)City of South San Francisco City Council Resolution: RES 151 -2017 File Number: 17 -1125 P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Enactment Number: RES 151 -2017 RESOLUTION CALLING SPECIAL LANDOWNER ELECTION FOR COMMUNITY FACILITIES DISTRICT, CITY OF SOUTH SAN FRANCISCO COMMUNITY FACILITIES DISTRICT NO. 2017 -01 (PUBLIC SERVICES AND FACILITIES). WHEREAS, on this date, this City Council adopted a resolution entitled "Resolution of Formation of Community Facilities District" (the "Resolution of Formation"), ordering the formation of the "City of South San Francisco Community Facilities District No. 2017 -01 (Public Services and Facilities)" (the "CFD "), defining the public services (the "Services ") and public facilities (the "Facilities ") to be provided by the CFD, authorizing the levy of a special tax on property within the CFD and preliminarily establishing an appropriations limit for the CFD, all under the Mello -Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code (the "Act "); and WHEREAS, under the Resolution of Formation, the propositions of the levy of the special tax and the establishment of the appropriations limit shall be submitted to the qualified electors of the CFD as required by the provisions of the Act; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco, as follows: 1. Issues Submitted. Pursuant to the Act, the issues of (i) the levy of the special tax in the CFD and (ii) the establishment of the appropriations limit for the CFD shall be submitted to the qualified electors (as defined below) of the CFD at an election called therefor as provided below. 2. Qualified Electors. This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public hearings heretofore conducted and concluded by this City Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, this City Council finds that, for these proceedings, the qualified electors are the landowners within the CFD and that the vote shall be by such landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the CFD as of the close of the public hearing. Certain property within the boundaries of the CFD is currently owned by the City (the "City -Owned City of South San Francisco Page 1 File Number. 17 -1125 Enactment Number: RES 151 -2017 Property"). Under Section 53317(f)(3) of the Act, this City Council hereby states all or a portion of the City-Owned Property is intended to be transferred (by sale or lease) to private ownership and agrees that all or a portion of the City-Owned Property will be subject to the Special Taxes on the same basis as private property within the CFD, and affirmatively waives any defense based on the fact of public ownership, to any action to foreclose on the property in the event of nonpayment of the Special Taxes. Accordingly, the City constitutes a qualified landowner elector under the Act with respect to the City-Owned Property. 3. Conduct of Election. This City Council hereby calls a special election to consider the issues described in section 2, above, which shall be held on March 14, 2018, and the results thereof canvassed at the meeting of this City Council on March 14, 2018. The City Clerk is hereby designated as the official to conduct the election and to receive all ballots until the close of business on the election date. It is hereby acknowledged that the City Clerk has on file the Resolution of Formation, a map of the boundaries of the CFD, and a sufficient description to allow the City Clerk to determine the electors of the CFD. Pursuant to Section 53327 of the Act, the election shall be conducted by messenger or mail - delivered ballot pursuant to Section 4000 of the California Elections Code. This City Council hereby finds that paragraphs (a), (b), and (c) (1) of Section 4000 and Section 4108 are applicable to this special election, except that Sections 53326 and 53327 of the Act shall govern for purposes of determining the date of the election. 4. Ballot. As authorized by Section 53353.5 of the Act, the issues described in section 1 above shall be combined into a single ballot measure, the form of which as attached hereto as Exhibit "A" is hereby approved. The City Clerk is hereby authorized and directed to cause a ballot, in substantially the form of Exhibit "A," to be delivered to each of the qualified electors of the CFD. Each ballot shall indicate the number of votes to be voted by the respective landowner to which the ballot pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot shall be enclosed with the ballot, have the return postage prepaid, and contain 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. 5. Accountability. Under Section 50075.1 of the Government Code, the following accountability provisions shall apply to the special taxes: (a) the Services and the Facilities and the incidental costs thereof, all as defined in the Resolution of Formation, shall constitute the specific single purpose; (b) the proceeds shall be applied only to the specific purposes identified in (a) above; (c) there shall be created special account(s) or funds(s) into which the proceeds shall be deposited; and (d) there shall be caused to be prepared an annual report if required by Section 50075.3 of the Government Code. City of South San Francisco Page 2 File Number: 17 -1125 Enactment Number: RES 151 -2017 6. Effective Date. This resolution shall take effect upon its adoption. At a meeting of the Special City Council on 12/4/2017, a motion was made by Mark Addiego, seconded by Richard Garbarino, that this Resolution be adopted. The motion passed. Yes: 4 Normandy, Addiego, Gupta, and Garbarino No: 1 Matsumoto Attest by Krsta -Mart' li City of South San Francisco Page 3 Exhibit A EXHIBIT A CITY OF SOUTH SAN FRANCISCO Community Facilities District No. 2017-01 (Public Services and Facilities) DESCRIPTION OF AUTHORIZED SERVICES AND FACILITIES OFFICIAL BALLOT SPECIAL TAX ELECTION This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of South San Francisco no later than the hour of 5:00 p.m. on Wednesday, March 7, 2018, either by mail or in person. The City Clerk’s office is located at 400 Grand Avenue, South San Francisco, CA 94080. To vote, mark a cross (X) on the voting line 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 of the City of South San Francisco and obtain another. BALLOT MEASURE: Shall the City of South San Francisco (the “City”) be authorized to annually levy a special tax solely on lands within the City of South San Francisco Community Facilities District No. 2017-01 (Public Services and Facilities) (the “CFD”) in accordance with the rate and method contained in the Resolution of Formation of the CFD adopted by the City Council of the City on December 4, 2017, commencing in the City’s fiscal year 2018-19, to pay for the public services and the public facilities for the CFD described in said Resolution of Formation including to pay the costs of the City in administering the CFD, and shall the annual appropriations limit of the CFD be established in the amount of $1,500,000? YES: __________ NO: __________ Number of Votes: ___ Property Owner: [property owner name] [signature block]