HomeMy WebLinkAboutResolution - - 2019-188 - 9/19/2019RESOLUTION NO.2019-188
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA DECLARING ELECTION
RESULTS
COMMUNITY FACILITIES DISTRICT No. 9
ANNEXATION NO. 40
WHEREAS, on September 19, 2019, the Council of the City of Fresno ("Council")
adopted Council Resolution No. 2019 - 187 calling a special mailed -ballot election on
levying special taxes on land within, and on approving an annual appropriations limit for
Annexation No. 40 to Community Facilities District No. 9 ("CFD No. 9"); 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. 40, has been
submitted to the qualified electors within the area of Annexation No. 40, pursuant to
Council Resolution No. 2019 - 187, 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").
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Date Adopted: 09/19/2019
Date Approved:09/30/2019
Effective Date: 09/30/2019
Resolution No. 2019-188
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2. The Council declares Annexation No. 40 to be fully formed and the
property within Annexation No. 40, to be subject to the levy of the special taxes and the
special tax lien described in Council Resolution No. 2019 - 186, annexing Assessor's
Parcel Number 330-021-03 as Annexation No. 40, and authorizing the levy of a special
tax therein, and Council Resolution No. 2008-351, approving the local goals and
policies for Community Facilities District No. 9, 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
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) 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 19t" _ day of _September_, 2019.
AYES : Arias, Bredefeld, Chavez, Esparza, Karbassi, Soria, Caprioglio
NOES : None
ABSENT: None
ABSTAIN: None
Mayor Approval: September 30t" , 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:
e uty
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE (7
BY:
John Hastrup / Deputy City Attorney
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EXHIBIT A
CANVASS AND STATEMENT OF ELECTION RESULTS
Community Facilities District No. 9
Annexation No. 40
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
("Council") in its Council Resolution No. 2019-187 on propositions to levy a special tax
within and approve an appropriations limit for Community Facilities District
No. 9, Annexation No. 40, 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.
make this certification on September 19th 2019.
ATTEST:
Yvonne Spence, MMC CRM
City Clerk
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September 20, 2019
TO: MAYOR LEE BRAND
FROM YVONNE SPENCE, MMC
City Clerk
SUBJECT: TRANSMITTAL OF COUNCIL ACTION
Council Adoption: 9/19/19
Mayor Approval:
Mayor Veto:
Override Request:
FOR APPROVAL OR VETO
At the City Council meeting of 9/19/19, Council adopted the attached Resolution No.
2019-188, entitled Declaring Election Results. Item No. 10:05 A.M. #2 (3), File ID19-
11236, 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
10th 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 Ma_yor's signed approval
�f APPROVE RETURN:
"I"-VET005'for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
Lee B
COUNCIL OVERRIDE ACTION:
Ayes
Noes
Absent
Abstain
Date:
Date:
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EXHIBIT A
SPECIAL ELECTION BALLOT
(Mailed -Ballot Election)
Community Facilities District No. 9
Annexation No. 40
This ballot is for the use of R-P East Avenue Investment, LLC, the sole
landowner owning land (Assessor's Parcel Number 303-0021-03) within Community
Facilities District No. 9, Annexation No. 40, 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
Thursday, September 19, 2019, 10:05 a.m., to Yvonne Spence, MMC, 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 (City) be Number of Votes
authorized to levy a special tax, and YES
finance the authorized services, and
costs and expenses by and through its
Community Facilities District No. 9,
Annexation No. XX, all as specified in its
Council Resolutions No. and Number of Votes
No. and shall the NO
appropriations limit for Community
Facilities District No. 9 Annexation No.
XX 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.
I 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
August 28, , 2019.
Company Name: R-P East I vestment, LLC.
By.
Print Name: Michael P. Pickett
Print Title: Manager
(Attach Notary Acknowledgment)
EXHIBIT B
WAIVER AND CONSENT FROM SOLE PROPERTY OWNER
SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS
FOR CONDUCTING MAILED -BALLOT ELECTION
Community Facilities District No. 9, Annexation No. 40
The undersigned is the person legally entitled and authorized to cast the ballots as the
authorized representative of the sole owner of the property (Assessor's Parcel Number 303-
021-03) in this mailed -ballot election to be conducted within Community Facilities District No. 9
Annexation No. 40, 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
the foregoing waivers and consents are voluntarily given and that this declaration is executed on
August 28, , 2019.
Company Name R-P jnvestment, LLC.
By: �f
Print Name Michael P. Pickett
Print Title Manager
ACKNOWLEDGMENT
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 California
County of Fresno
On August 28, 2019
before me, Lauren Michele Aguilar, Notary Public
(insert name and title of the officer)
personally appeared Michael P. Pickett
who proved to me on the basis of satisfactory evidence to be the person(sr) whose name(s� is/ar,6
subscribed to the within instrument and acknowledged to me that he/shfa/they executed the same in
his/hOr/th6ir authorized capacity(igs), and that by his/her/thdir signature(s) on the instrument the
person(o, 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
(Seal)
LAUREN MICHELE AGUILAR
f� NOTARY PUBLIC - CALIFORNIA
COMMISSION N 2145085
FRESNO COUNTY
My Comm. Exp.arch 4, 2020
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PUBLIC WORKS DEPARTMENT
Traffic Operations and Planning Division
City Hall, 2600 Fresno street, Room 4064
Fresno, CA 93721-3615
Ph. 559-621-8800
www. Fresno.00v
August 19, 2019
R-P East Avenue Investment, LLC
7395 North Palm Bluffs Avenue, #101
Fresno, CA 93711
Dear Landowner,
Subject: Ballot for Community Facilities District No. 9, Annexation No. 40, Assessor's Parcel
Number 303-021-03.
This letter is to summarize actions which need to be taken by an authorized representative of R-P
East Avenue Investment, LLC with respect to Community Facilities District No. 9 ("CFD No. 9"),
Annexation 40, Assessor's Parcel Number 303-021-03 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 R-P East Avenue Investment, LLC is the
owner of the subject property. The ballot must be executed by an authorized signatory of R-P East
Avenue Investment, LLC.
Waiver and Consent
Enclosed is a Waiver and Consent to be signed by an authorized signatory of R-P East Avenue
Investment, LLC. The signature of this Person must be notarized.
Deadline
The signed and notarized documents must be returned 2JqE to the hearing scheduled for
Thursday, September 19, 2019, at 10:05 a.m. in order for this matter to proceed. The Traffic &
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
Yvonne Spence, MMC CRM
City Clerk, City of Fresno
2600 Fresno Street, Room 2133
Fresno, CA 93721-3623
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Deputy Date
Enclosures: Ballot, Waiver and Consent