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HomeMy WebLinkAboutReso 37-2018 (18-190)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Resolution: RES 37 -2018 File Number: 18 -190 Enactment Number: RES 37 -2018 RESOLUTION DECLARING RESULTS OF SPECIAL LANDOWNER ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN WITHIN THE CITY OF SOUTH SAN FRANCISCO COMMUNITY FACILITIES DISTRICT NO. 2017 -01 (PUBLIC SERVICES AND FACILITIES) WHEREAS, on December 4, 2017, this City Council adopted Resolution No. 17 -1124 entitled "Resolution of Formation of Community Facilities District, City of South San Francisco Community Facilities District No. 2017 -01 (Public Services and Facilities)" (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, and Resolution No. 17 -1125 entitled "Resolution Calling Special Landowner Election for Community Facilities District, City of South San Francisco Community Facilities District No. 2017 -01 (Public Services and Facilities)" (the "Election Resolution ") adopted by this City Council on December 4, 2017, the propositions of the levy of the special tax and the establishment of the appropriations limit were submitted to the qualified electors of the CFD as required by the provisions of the Act; and WHEREAS, pursuant to the Election Resolution, which is incorporated herein by reference, the special election has been held and the City Clerk has on file a Canvass and Statement of Results of Election (the "Canvass "), a copy of which is attached hereto as Exhibit A; and WHEREAS, this City Council has been informed of the Canvass, finds it appropriate and wishes to complete its proceedings for the CFD. 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 were submitted to the qualified electors (as defined below) of the CFD at an election called therefor pursuant to the Election Resolution. City of South San Francisco Page 1 File Number: 18 -190 Enactment Number: RES 37 -2018 2. Canvass and Issues Approved. This City Council hereby approves the Canvass and finds that it shall be a permanent part of the record of its proceedings for the CFD. Pursuant to the Canvass, the issues presented at the special election were approved by the qualified electors of the CFD by more than two- thirds of the votes cast at the special election. 3. Proceedings Approved. Pursuant to the voter approval, the CFD is hereby declared to be fully formed with the authority to levy the special taxes and to have the established appropriations limit, all as heretofore provided in these proceedings and in the Act. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the CFD were valid and in conformity with the Act. 4. Notice of 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 San Mateo, a notice of special tax lien in the form required by the Act, such recording to occur no later than 15 days following adoption of this resolution. 5. Effective Date. This resolution shall take effect upon its adoption. At a meeting of the City Council on 3/14/2018, a motion was made by Pradeep Gupta, seconded by Mark Addiego, that this Resolution be adopted. The motion passed. Yes: 3 Mayor Normandy, Councilmember Gupta, and Councilmember Addiego No: 1 Mayor Pro Tern Matsumoto Absen City of South San Francisco Page 2 EXHIBIT A CANVASS AND STATEMENT OF RESULT OF ELECTION CITY OF SOUTH SAN FRANCISCO Community Facilities District No. 2017 -01 (Public Services and Facilities) I hereby certify that on March 14, 2018, 1 canvassed the returns of the election held on March 14, 2018, in the City of South San Francisco Community Facilities District No. 2017 -01 (Public Services and Facilities) and the total number of ballots cast in such Community Facilities District 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: City of South San Francisco Community Facilities District No. 2017 -01 (Public Services and Facilities) Special Tax Election, March 14, 2018 Qualified Landowner Votes Votes Cast 77 Ballot Measure (attached) YES NO 7 st-I �- 3 Exhibit A OFFICIAL BALLOT SPECIAL TAX ELECTION San Mateo County March 14, 2018 CITY OF SOUTH SAN FRANCISCO Community Facilities District No. 2017 -01 (Public Services and Facilities) INSTRUCTIONS TO VOTERS: 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 on the measure, mark a cross ( +) with pen or pencil 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 of the City of South San Francisco and obtain another. BALLOT MEASURE LABEL Shall the City of South San Francisco (the "City ") be authorized to annually levy a special tax within the City of South San Francisco Community Facilities District No. 2017 -01 (Public Services and Facilities) (the "CFD ") in YES: ❑ accordance with the rate and method contained in the. Resolution of Formation adopted by the City Council on December 4, 2017, commencing in fiscal year 2018 -19, to pay for public services, public facilities and costs of the City in administering the CFD, and shall the annual appropriations limit of NO: ❑ the CFD be established at $1,500,000? FULL STATEMENT OF THE BALLOT MEASURE Shall the measure authorizing the City of South San Francisco (the "City ") 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 rates (including annual escalation), duration, 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, with the amount of money to be raised annually to range between $304,322 and $5,435,843 over the first 30 years of the levy, and initially establishing the annual appropriations limit of the CFD at $1,500,000, be adopted? Number of Votes: Propertv Owner: