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Home My WebLink AboutResolution - - 2019-185 - 9/19/2019RESOLUTION NO, 2019-185 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, DECLARING ELECTION RESULTS COMMUNITY FACILITIES DISTRICT NO. 11 ANNEXATION NO. 103 WHEREAS, on September 19, 2019, the Council of the City of Fresno ("Council") adopted Council Resolution No. 2019 - 184 calling a special mailed -ballot election on levying special taxes on land within, and on approving an annual appropriations limit for Annexation No. 103 to Community Facilities District No. 11 ("CFD No. 11 "); and WHEREAS, the Council has received, reviewed and hereby accepts the City of Fresno City Clerk's ("City Clerk") Canvass and Statement of Election Results, dated September 19th, 2019, a copy of which is attached as Exhibit A; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows- 1 . The Council finds and declares that: (a) the ballot measure on the levy of taxes and approval of an annual appropriations limit for Annexation No. 103, has been submitted to the qualified electors within the area of Annexation No. 103, pursuant to Council Resolution No. 2019 - 184, and (b) the ballot measure has been passed and approved by more than two-thirds of the votes cast, in accordance with City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno municipal Code ("City Law"). 1 of 4 Date Adopted: 09/19/2019 Date Approved: 09/30/2019 Effective Date: 09/30/2019 Resolution No. 2019-185 OF p'Ri3 P R � h 4 a �d oA4rFb ocs. tiq Ya 4F o,ti '7 ti•ti. n aes. 2. The Council declares Annexation No. 103 to be fully formed and the property within Annexation No. 103, to be subject to the levy of the special taxes and the special tax lien described in Council Resolution No. 2019 -183, annexing Final Tract Map No. 103103 as Annexation No. 103, and authorizing the levy of a special tax therein, and Council Resolution No. 97-126, approving local goals and policies for Community Facilities Districts, as described in the Community Facilities District Report dated as of August 16, 2019, on file with the City Clerk. 3. The Council directs the City Clerk or designee to record a notice of special tax lien in the Office of the County Recorder, pursuant to City Law, no later than 15 days after this resolution is adopted. Attachment: Exhibit A - Canvass and Statement of Election Results 2 of 4 - Gtt.4 Up p � A x + n c 'V ti ��rra nci tip. STATE OF CALIFORNIA } COUNTY OF FRESNO y ss. CITY OF FRESNO } I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the _ 19th_ day of September .2019. AYES : Arias, Bredefeld, Chavez, Esparza, Karbassi, Soria, Caprioglio NOES : None ABSENT : None ABSTAIN: None Mayor Approval- September 30th , 2019 Mayor Approval/No Return: N/A , 2019 Mayor Veto: N/A , 2019 Council Override Vote: N/A , 2019 YVONNE SPENCE, MMC CRM City Clerk BY: q4lvt'� De ty APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: %2�rw .John Has r p / Deputy City A orney 3 of 4 EXHIBIT A CANVASS AND STATEMENT OF ELECTION RESULTS Community Facilities District No. 11 Annexation No. 103 I, YVONNE SPENCE, City Clerk of the City of Fresno, hereby certify: I have personally received and assembled all ballots eligible to be cast in the special mailed -ballot, landowner election called by the Council of the City of Fresno in its Council Resolution No. 2019 184 on propositions to levy a special tax within and approve an appropriations limit for Community Facilities District No. 11, Annexation No. 103, and held on September 19, 2019. In accordance with my instructions contained in that Resolution, I hereby declare the election closed. I personally, in the presence of members of City of Fresno staff representing the Public Works Department, as well as the City Clerk's Office, have counted the ballots and canvassed the returns of such election, and hereby certify that the result of that count is as follows and that the following total votes cast for and against such propositions, the total votes and the percentage of "yes" votes cast are true and correct. Total Votes that could be cast 18 Total Votes Cast "Yes 18 Total Votes Cast "No" 0 Total Votes Cast 18 The Votes cast "Yes" equal 100% of the total votes cast. I make this certification on _September 19th , 2019. ATTEST: Yvonne Spence, MMC CRM City Clerk OP P40 . = S N n • A�rtO CGt Byi epu 4 of 4 September 20, 2019 TO: MAYOR LEE BRAND FROM YVONNE SPENCE, MMC City Clerk Council Adoption: 9/19/19 Mayor Approval: Mayor Veto: Override Request: SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO At the City Council meeting of 9/19/19, Council adopted the attached Resolution No. 2019-185, entitled Declaring Election Results. Item No. 10:05 A.M. #1 (3), File ID19- 11247, by the following vote: Ayes Arias, Bredefeld, Caprioglio, Chavez, Esparza, Karbassi and Soria Noes None Absent None Recused None Please indicate either your formal approval or veto by completing the following sections and executing and dating your action. Please file the completed memo with the Clerk's office on or before September 30, 2019. In computing the ten day period required by Charter, the first day has been excluded and the tenth day has been included unless the 101h day is a Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file this memo with the Clerk's office within the required time limit shall constitute approval of the ordinance, resolution or action, and it shall take effect without the Mayor's sig ed approval 777!�APPROVEDINq RETURN: VETOED for the following reasons: (Written objections are required by Charter; attach additional sheets if necessary.) Lee COUNCIL OVERRIDE ACTION: Ayes Noes Absent Abstain Date: �-- I), / � , Date: J rn 0 ter; (=)C/) < M RECEIVED 1019 kUG 30 Q 3: I u CITY OF FRESNO CITY CLERK'S (it'>` ICL EXHIBIT A SPECIAL ELECTION BALLOT (Mailed -Ballot Election) Community Facilities District No. 11 Annexation No. 103 This ballot is for the use of the Woodside 06N, LP, the sole landowner owning land (Final Tract Map No. 6214) within Community Facilities District No. 11, Annexation No. 103, City of Fresno, County of Fresno, State of California. According to the provisions of the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the City of Fresno Municipal Code, and the resolutions of the City Council of the City of Fresno, the above -named landowner is entitled to cast eighteen (18) votes on this ballot. In order to be counted, the ballot must be returned prior to the hearing on September 19, 2019, at 10.05 a.m., to Yvonne Spence, MMC CRM, City Clerk, City of Fresno, 2600 Fresno Street, Room 2133, Fresno, CA 93721. Mailing by that date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted. AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT, OR THE VOTER MAY WRITE NUMBERS IN THE SPACES PROVIDED BALLOT MEASURE Shall the City of Fresno be authorized to Number of Votes levy a special tax, and finance the YES authorized services, and costs and expenses by and through its Community Facilities District No. 11, Annexation No. 103, all as specified in its Council Resolutions No. and Number of Votes No. ; and shall the appropriations NO limit for Community Facilities District No. 11 Annexation No. 103 be established in accordance therewith? EXHIBIT A CERTIFICATION The undersigned is the authorized representative of the above -named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above -named landowner. declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on via U.'k 41 2019. Company Name: Woodside 06N, LP By: WD5 GP, INC., a California Corporation, its General Partner By: Chris Williams Name: Its: Vice President (Attach Notary Acknowledgment) EXHIBIT B `ySyDEr NIP a d Y O A �r�A trc► tip. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Eq I � (� 10, } ss. County of f pi b } On hQ qvs 2 7 20 before me, l KAt%'e N e A�NL'j rASaN-oyk- Notary Public personally appeared C h r i&_ VWr j 1 i who proved to me on the basis of satisfactory evidence to be the person) whose name is hscribed to the within instrument and acknowle ed to me that 1e k►a --44 y executed he same in hi it authorized capacity(kw4, and that by is eir signatures} on the instrument the person( or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SIGNATURE V KATHERINE ANN CASANOVA ' Notary Public - California :•�` Fresno County a Commission # 2215733 My Comm. Expires Sep 24, 2021 CA -Notary Acknowledgment — One Page RECEIVED WAIVER AND CONSENT FROM SOLE PROPERTY OWNER SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS 20H AUG 30 F-_] j; + 4 FOR CONDUCTING MAILED -BALLOT ELECTION CITY OF FR FS NO Community Facilities District No. 11, Annexation No. 103 CITY C(.EPK'S OFFICE The undersigned is the person legally entitled and authorized to cast the ballots as the authorized representative of the sole owner of the property (Final Tract Map No. 6214) in this mailed -ballot election to be conducted within Community Facilities District No. 11 Annexation No. 103, to determine, among other things, whether the rate and .method of apportionment of the annual special taxes shall be approved. The undersigned hereby waives any and all minimum time periods relative to the election pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code ("City Law") The undersigned hereby waives the preparation and distribution of an impartial analysis of the ballot measure, as well as arguments in favor and against, under the authority of City Law. The undersigned hereby waives the requirement to publish notice of the election under City Law. The undersigned hereby waives the requirements regarding the time to mail ballots to the qualified electors under Elections Code Section 4101, and agrees to accept either mailed service or personal service of the ballot. The undersigned hereby waives the requirements regarding identification envelopes for the return of mailed ballots contained in City Law. The undersigned hereby waives any and all defects in notice or procedure in the conduct of the election, whether known or unknown (other than the right to have ballots accurately counted), and states that the election is being expedited, pursuant to this waiver and consent, at the particular instance and request of the undersigned. I declare, under penalty of perjury, under the laws of the State of California, that I am the person legally entitled and authorized to cast the ballot as the authorized representative of the landowner set forth in the first paragraph hereof, and to waive and consent to the above, that t e foregoing waivers and consents are voluntarily given and that this declaration is executed on LZ 2019 Company Name: Woodside 06N, LP By: WDS GP, INC., a California Corporation, its General Partner By: Chri Williams Name: T Its: Vice President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CU � % -6-N i A ) ss. County of GS Nt7 ) On before me, CosoriS r Notary Public personally appeared �r_ by l S iV 111.a M who proved to me on the basis of satisfactory evidence to be the P rsonV�whose name ii am s.ubscribed to the within instrument and acknowle ed to me that he hey executed the same in ii Ifierk[ rr authorized capacity{�, and that by 'IAeNtheir signatures-yon the instrument the personk<or the entity upon behalf of which the personWacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SIGNATURE KATHERINE ANN CASANOVA Notary Public - California Fresno County F F Commission # 2215733 My Ccmm, ExpiresSep 24, 2021 CA -Notary Acknowledgment — One Page CQ C'�i ■ rit�� PUBLIC WORKS DEPARTMENT Traffic Operations and Planning Division City Hall, 2600 Fresno Street, Room 4064 Fresno, CA 93721-3615 Ph. 559-621-8800 • FAX 559-498-1439 www.fresno.00v August 19, 2019 Jason Huckleberry Woodside Homes 06N, LP 9 River Park Place East Fresno, CA 93720 Dear Mr. Huckleberry, SUBJECT: Ballot for Community Facilities District No. 11, Annexation No. 103, Final Tract Map No. 6214. This letter is to summarize actions which need to be taken by an authorized representative of Woodside Homes 06N, LP with respect to Community Facilities District No. 11, Annexation No. 103, Final Tract Map No. 6214 prior to the public hearing and special election scheduled for Thursday, September 19, 2019, at 10:05 a.m. Execution of Ballot Enclosed is a copy of the official ballot, showing that Woodside Homes 06N, LP is the owner of the subject property. The ballot must be executed by an authorized signatory of Woodside Homes 06N, LP. Waiver and Consent Enclosed is a Waiver and Consent to be signed by an authorized signatory of Woodside Homes 06N, LP. The sistnature of this person must be notarized. Deadline The signed and notarized documents must be returned prior to the hearing scheduled for Thursday, September 19, 2019, at 10:05 a.m., in order for this matter to proceed. The Traffic and Engineering Services Division requires confirmation that the documents have been submitted rior to the hearing. All forms may be delivered or mailed to the City Clerk's office: Sincerely, Yvonne Spence, MMC CRM City Clerk C7etl Date Enclosures: Ballot, Waiver and Consent Yvonne Spence, MMC CRM City Clerk, City of Fresno 2600 Fresno Street, Room 2133 Fresno, CA 93721-3623