HomeMy WebLinkAboutResolution - - 2018-093 - 4/19/2018� fSf FRF
!� li
� l.�iafi�; •� x
"m
Ok{rEG 9GS.1� e.
RESOLUTION NO. 2018-93
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA DECLARING ELECTION
RESULTS
COMMUNITY FACILITIES DISTRICT No. 9
ANNEXATION NO. 25
WHEREAS, on April 19, 2018, the Council of the City of Fresno ("Council")
adopted Council Resolution No. 2018 ---U_ calling a special mailed -ballot election on
levying special taxes on land within, and on approving an annual appropriations limit for
Annexation No. 25 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 Cleric") Canvass and Statement of Election Results, dated
2018, a copy of which is attached as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
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. 25, has been
submitted to the qualified electors within the area of Annexation No. 25, pursuant to
Council Resolution No. 2018 - 92 , 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: 04/19/2018 Resolution No. 2018-93
Date Approved 04/24/2018
Effective Date: 04/24/2018
2. The Council declares Annexation
G P^•(�i i
I
No. 25 to be fully formed and t �g44n ars•``
property within Annexation No. 25, to be subject to the levy of the special taxes and the
special tax lien described in Council Resolution No. 2018 -_ 91 ,, annexing the
territory known as Assessor's Parcel Number 578-010-11 as Annexation No. 25, 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 March 12, 2018, 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
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 1911 day of April , 2018.
AYES: Baines, Brandau, Bredefeld, Caprioglio, Chavez, Soria
NOES: None
ABSENT: Olivier
ABSTAIN: None
Mayor Approval_ _ April 24t" 2018
Mayor Approval/No Return: N/A , 2018
Mayor Veto: N/A , 2018
Council Override Vote: N/A .2018
APPROVED AS TO FORM:
CITY ATTORNEY'S O ICE
BY:
John H rup / De uty City Attorney
3 of 4
YVONNE SPENCE, MMC
City Clerk
BY:
De uty
V1�� ❑� F�ksi �
EXHIBIT A
CANVASS AND STATEMENT OF ELECTION RESULTS JZ0
Community Facilities District No. 9
Annexation No. 25
1, 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. 2018- 92 on propositions to levy a special tax
within and approve an appropriations limit for Community Facilities District No. 9,
Annexation No. 25, and held on April 19, 2018. 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 6
Total Votes Cast "Yes 6
Total Votes Cast "No" 0
Total Votes Cast 6
The Votes cast "Yes" equal 100% of the total votes cast.
make this certification on April 19 2018.
ATTEST:
Yvonne Spence, MMC
City Clerk
'1{ ar rR�r�o
o �
#1rfb �t-
By—
De u
4 of 4
EXHIBIT A
SPECIAL ELECTION BALLOT
(Mailed -Ballot Election)
Community Facilities District No. 9
Annexation No. 25
--
0 yr,
�'p4iEA AGt•1
7RESN
This ballot is for the use of Tempranillo, LLC, the sole landowner owning land
(Assessor's Parcel Number 578-010-11) within Community Facilities District No. 9,
Annexation No. 25, 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 six (6) votes on this ballot.
In order to be counted, the ballot must be returned prior to the hearing on April
19, 2018, at 10:00 a.m., to Yvonne Spence, CMC, 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
authorized to levy a special tax, and
finance the authorized services, and
costs and expenses by and through its
Community Facilities District No. 9,
Annexation No. 25, all as specified in its
Council Resolutions No. and
No. and shall the
appropriations limit for Community
Facilities District No. 9 Annexation No.
25 be established in accordance
therewith?
Number of Votes
YES
f�
�f
Number of Votes
NO
of FRc
Y. �y
CO ' -
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. 25
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 578-
010-11) in this mailed -ballot election to be conducted within Community Facilities District No. 9
Annexation No. 25, 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
2018.
Company Name '7 ! iAje L C' -7 x,
By:
Print Name
Print Title /[ �3',d• % -
/W .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
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 " fy-/-JV�
On �Vr i u� l before me, 1« �
Date Here Insert Nam and Title of the Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
C. REED
Commission # 2136955
Notary Public - California
Fresno County
MY Comm. Expires Dee 30, 2019 J
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 . C ` _
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(lies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual [ I Attorney in Fact
❑ Trustee L_J Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:..
❑ Corporate Officer — Title(s): _
❑ Partner — [ I Limited C I General
❑ Individual [ I Attorney in Fact
❑ Trustee i I Guardian or Conservator
❑ Other: _
Signer Is Representing:
.iy, ../ •Si 'd:'JS'� ".Y '�ii•4':':/�'d% •N './,N:'!iS\d�hJ 'A' '.S' 'N 'N.'d1' `G/('d/;{M '.'/. PJ: d! 1/ '.'i '6i'" �""_F.."_""" H `�
.L 6Z 5"
4-�F FI?
tSY � � G� a�• c
e
TEO 00-
c�fiG'I�+Ili11�'-I
PUBLIC WORKS DEPARTMENT
Traffic and Engineering Services Division
City Hall, 2600 Fresno Street, Room 4064
Fresno, CA 93721-3615
Ph. 559-621-8800 • FAX 559-498-1439
WVAV fresr1o.QoV
March 14, 2018
Nic Whetstone
The Schussing Company, Inc.
P.O. Box 5221, Modesto, CA 95352
Dear Mr. Whetstone,
Subject: Ballot for Community Facilities District No. 9, Annexation No. 25, Assessor's Parcel
Number 578-010-11.
This letter is to summarize actions which need to be taken by an authorized representative of The
Schussing Company, Inc. with respect to Community Facilities District No. 9 ("CFD No. 9"),
Annexation 25, Assessor's Parcel Number 578-010-11 prior to the public hearing and special
election scheduled for Thursday, April 19, 2018, at 10:00 a.m.
Execution of Ballot
Enclosed is a copy of the official ballot, showing that The Schussing Company, Inc. is the owner of
the subject property. The ballot must be executed by an authorized signatory of The Schussing
Company, Inc.
Waiver and Consent
Enclosed is a Waiver and Consent to be signed by an authorized signatory of The Schussing
Company, Inc. The signature of this person must he notarized,
Headline
The signed and notarized documents must be returned rior to the hearing scheduled for
Thursday, April 19, 2018, at 10:00 a.m, in order for this matter to proceed. The Traffic &
Engineering Services Division requires confirmation that the documents have been submitted prior
to the hearing.
All forms may be delivered or mailed to the City Clerk's office: Yvonne Spence, MMC, City Clerk
City of Fresno
2600 Fresno Street, Room 2133
Fresno, CA 93721-3623
Sincerely,
Yvonne Spence, MMC
City Clerk
Deputy Date
Enclosures: Ballot, Waiver and Consent
of
April 23, 2018 Council Adoption: 4
Mayor Approval:, ,4
TO: MAYOR LEE BRAND Mayor Veto:'+,TrDt.''
Override Request:
FROM: YVONNE SPENCE, MMC
City Clerk T'F E'RESM CITY CLERK ''~
SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO
At the Council meeting of 4/19/18, Council adopted the attached Resolution No. 2018-93
entitled, Declaring Election Results. Item No, 10:00 A.M. #2 (3), File ID18-0470, by the
following vote:
Ayes
Baines, Brandau, Bredefeld, Caprioglio, Chavez and Soria
Noes
None
Absent
Olivier
Abstain
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 April 30, 2018. 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 Mayor's signed approval.
Thank you.
APPROVEDINO RETURN:
VE ED for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
Lee Brand, Ma<or
COUNCIL OVERRIDE ACTION:
Ayes
Noes
Absent
Abstain
Date: ' ' Z f,-
Date:
/�p