The URL can be used to link to this page

Home My WebLink AboutCC Resolution 13015 (Special Election)RESOLUTION NO. 13015 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CALLING A SPECIAL ELECTION FOR THE LEVY OF A SPECIAL TAX AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT FOR CITY OF SAN RAFAEL COMMUNITY FACILITIES DISTRICT NO. 2 (City of San Rafael Community Facilities District No. 2) WHEREAS, on July 19, 2010, the City Council adopted Resolution No. 13014 entitled "Resolution of the San Rafael City Council for Formation of the City of San Rafael Community Facilities District No. 2, Authorizing the bevy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District, and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District" (the "Resolution of Formation"), ordering the formation of the City of San Rafael Community Facilities District No, 2 ("CFD No. 2"), authorizing the levy of a special tax on property within the District, and preliminarily establishing an appropriations limit for the District; and WHEREAS, pursuant to the provisions of 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 District as required by the Mello -Roos Community Facilities Act of 1982, as amended, (the "Act"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: 1. Pursuant to Sections 53326, 53353.5 and 53325.7 of the Act, propositions of the levy of the special tax on property within the District and the establishment of the appropriations limit for the District shall be submitted to the qualified electors of CFD No. 2 at an election called therefor as provided below. 2. As authorized by Section 53353.5 of the Act, the two propositions described in paragraph I above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit -A- and by this reference incorporated herein. Said form of ballot is hereby approved. 3. The City Council hereby finds that fewer than 12 persons have been registered to vote �Nithin the territory of CFD No. 2 for each of the ninety (90) da} s preceding the close of the public hearings heretofore conducted and concluded by the Council for the purposes of these proceedings. AccordinglN. and pursuant to Section 53326 of the Act. the Council finds that for purposes of these proceedings the qualitied electors are the owners of land within CFD No. 21 subject to the lei N of the special taxes. and that the vote shall be by said landowners or their authorized representatives. each haN ing one vote for each acre or portion thereof such landowner owns in CFD No. 2 as of the close of said public hearings that is subject to the levy of the special taxes. 4. The Council hereby calls a special election to consider the measures described in paragraph 2 above, which election shall be held on August 2, 2010. The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution of Formation. a certified map of the proposed boundaries of CFD No. 2, and a sufficient description to allow the City Clerk to determine the boundaries of CFD No. 2. 5. Pursuant to Section 53327 of the Act, the election shall be conducted by mail or hand -delivered ballot pursuant to Section 4000 of the California Elections Code. The Council hereby finds that paragraphs (a), (b), (c)(1) and (c)(3) of said Section 4000 are applicable to this special election. 6. The Council hereby directs the City Clerk, pursuant to Elections Code Section 4101, to mail or deliver to each of the qualified electors of CFD No. 2 a ballot generally in the form set forth in Exhibit "A" hereto no earlier than 29 days prior to the date of the election and no later than 10 days prior to the date of the election. Each ballot shall indicate the number of votes to be voted by the respective landowner to which it 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, return postage prepaid, and shall 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 described in clause (b) 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 measures shall be waived, as provided in Section 53327 of the Act. 7. The City Clerk shall accept ballots of the qualified electors in the office of the San Rafael City Clerk until 5:00 p.m., August 21, 2010, whether said ballots be personally delivered or received by mail. The City Clerk shall have available at said location ballots which may be marked on the election day by said qualified electors. 8. The Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before said special election is for the protection of the qualified electors of CFD No. 2. The ballots of the landowners within CFD No.2 contain a waiver of the time limit pertaining to the conduct of the election. Accordingly. this Council finds and determines that, in the event said electors waive that time limit, said qualified electors will hale been fully apprised of and will haN e agreed to the shortened time for the election and have thereby been fully protected in these proceedings, The Council also finds and determines that the City Clerk has concurred in the shortened time for the election. 9. The City- Clerk is hereby directed to publish in a ne,'Nspaper of general circulation circulating NN ithin the area of CFD No. 2 a copy of this Resolution as soon as practicable after the date of adoption of this Resolution. M I, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, hereby certify that the foregoing Resolution No. 13 015 was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 19th day of July, 2010, by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller. Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk 3 OFFICIAL BALLOT SPECIAL TAX ELECTION City of San Rafael Community Facilities District No. 2 This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the San Rafael City Clerk no later than 5:00 p.m. on August 2, 2010, either by mail or in person. The City Clerk's office is located at San Rafael City Hall, Room 209, 1400 Fifth Avenue, San Rafael, California 94901. 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 San Rafael City Clerk and obtain another. BALLOT MEASURE: Shall a special tax payable solely from lands within Community Facilities District No. 2 ("CFD No. 2") be levied Yes: annually upon lands within CFD No. 2 to pay for services to be provided by CFD No. 2, in accordance with Resolution No. 13014 of the San Rafael City Council, and shall the annual appropriations No: limit of CFD No. 2 be established in the amount of $5,000,000? IMPORTANT: IN ORDER FOR YOUR BALLOT TO BE VALID, YOU MUST SIGN YOUR NAME WHERE INDICATED BELOW. Number of Votes: 58 Property Owners: Oak Tree Capital Management By: [signature] [print name] [print title] WAIVER: By my signature hereafter, I also hereby waive the time limit pertaining to the conduct of the election and any requirement for 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. By: [signature]