Loading...
HomeMy WebLinkAbout2006-010 RESOLUTION NO 2006-010 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO 1 OF CITY OF ATASCADERO COMMUNITY FACILITIES DISTRICT NO 2005-1 (PUBLIC ERVICES) PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO 1 TO FINANCE POLICE SERVICES, FIRE PROTECTION AND SUPPRESSION SERVICES, PARK MAINTENANCE, AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT WHEREAS, pursuant to Section 53325 1 of the California Government Code the City Council (the "City Council") of the City of Atascadero (the "City") has adopted the resolution authorizing the annexation of territory to City of Atascadero Community Facilities District No 2005-1 (Public Services), County of San Luis Obispo, State of California ("CFD No 2005-1"), and WHEREAS, by that resolution, the City Council called special elections on the propositions to be submitted to the voters of the territory proposed to be annexed to CFD No 2005-1 ("Annexation No 1") with respect to the levy of special taxes therein for the financing of police services, fire protection and suppression services within CFD No 2005-1, and park maintenance; and WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary that the City Council submit to the voters of Annexation No 1 the annual levy of special taxes on taxable property within Annexation No 1, and WHEREAS, pursuant to Section 53325 7 of the California Government Code and the provisions of the Code, the City Council may also submit to the voters of Annexation No 1 a proposition for the establishment of an appropriations limit for Annexation No 1, and WHEREAS, the City Clerk has advised the City Council that she has received a statement from the Registrar of Voters of the County of Sacramento that there are less than 12 persons registered to vote within Annexation No 1, NOW, THEREFORE, IT IS HEREBY RESOLVED DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF ATASCADERO SECTION 1 Findings. The City Council finds that: (i) the foregoing recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory to be annexed to CFD No 2005-1 for each of the 90 days preceding the close of the public hearing on January 24, 2006, (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the territory to be annexed to CFD No 2005-1, whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each City of Atascadero Resolution No.2006-010 Page 2 of 5 acre, or portion thereof, which he or she owns within Annexation No 1 which would be subject to the proposed special taxes if they were levied at the time of the election, (iv) the owners of all of the land in Annexation No 1 by written consent (a) waived the time limits set forth in Section 53326 of the California Government Code for holding the election called by this resolution and the election on the propositions (b) consented to the holding of the election on January 24, 2006, (c) waived notice and mailed notice of the time and date of the election, (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, and mailing of a statement pursuant to Section 9401 of that Code, and (e) waived a synopsis of the measures to be included in the official ballot for said elections pursuant to Section 12111 of that Code, and (v) the City Clerk (the "City Clerk") has consented to the holding of the election on January 24, 2006 SECTION 2 Call of Election. The City Council hereby calls and schedules a election for January 24, 2006, on the proposition of the annual levy of special taxes on taxable property within Annexation No 1 to CFD No 2005-1 to finance police services, fire protection and suppression services within the CFD No 2005-1, park maintenance, and on the proposition of the establishment of an appropriations limit for Annexation No 1 to CFD No 2005-1 SECTION 3 Propositions. err' (a) The propositions to be submitted to the voters of Annexation No 1 at such special election shall be as follows Proposition A Shall special taxes be levied annually on taxable property within certain territory to be annexed to City of Atascadero Community Facilities District No 2005-1 (Public Services), County of San Luis Obispo, State of California ("Annexation No 1"), and to levy and collect such special taxes so long as the special taxes are needed to pay for police services, fire protection and suppression services, and park services at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit "B" to the Resolution of Intention adopted by the City Council of the City of Atascadero on April 12, 2005? Proposition B Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, be established for Annexation No 1 to City of Atascadero Community Facilities District No 2005-1 (Public Services), County of San Luis Obispo, State of California, in the amount of$4,000,000? SECTION 4 Conduct of Election. Except as otherwise provided in Section 6 hereof, the consolidated special elections shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable. SECTION 5 Election Procedures. The procedures to be followed in conducting the consolidated special elections on (i) the proposition with respect to the levy of special taxes on taxable property within Annexation No 1 to CFD No 2005-1 to pay for police services, fire protection and suppression services, and park. services, and (ii) the City of Atascadero Resolution No.2006-010 Page 3 of 5 proposition with respect to the establishment of an appropriations limit for Annexation No 1 to CFD No 2005-1 in the amount of$4,000,000 shall be as follows. (a) Pursuant to Section 53326 of the California Government Code, ballots for the Special Elections shall be distributed to the qualified electors by the City Clerk by mail or by personal service. (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to election conducted by mail, the City Clerk, or designated official shall mail or deliver to each qualified elector an official ballot in the appropriate form attached hereto as Exhibit "A," and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, a return identification envelope addressed to the City Clerk for the return of voted official ballots. (c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner- voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the I%W_ landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner- voter's land ownership within Annexation NO 1 to CFD No 200-1 (d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following- (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of penury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The information to voter form to be delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the City of Atascadero Resolution No.2006-010 Page 4 of 5 sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 7 00 p.m. on the 24th day of January 2006, provided that if all qualified electors have voted, the elections shall be closed with the concurrence of the City Clerk. (f) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the elections, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot. On motion by Council Member Scalise and seconded by Council Member Pacas, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote- AYES Council Members Clay, Luna, Pacas, Scalise and Mayor O'Malley NOES None ABSENT None ` ADOPTED January 24, 2006 ClqY OF ATASCADERO By Tom O'Malley, Mayor Attest: Marcia McClure Torgerson, C.M.C., City Clerk APPR AS TO,"RM. Patrick L. Enfight, City Attorney City of Ataseadero Resolution No.2006-010 Page 5 of 5 EXHIBIT A OFFICIAL BALLOT SPECIAL ELECTION Annexation No. 1 to City of Atascadero CommumtyFacilities District No.2005-1 (Public Services) 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 Atascadero no later than 5:00 p.m.on January 24, 2006,by mail or in person,or in person to the location of the public hearing no later than 7:00 pm on January 24,2006. The City Clerk's office is located at 6905 El Cammo Real,Atascadero,California,93422.The public hearing will be held in the City council Chambers,6907 El Camino Real,Atascadero,California,93422. To vote,mark a cross (X) in the voting square after the word"YES" or after the word"NO" All marks otherwise made 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 Atascadero to obtain a replacement ballot. PROPOSITION A. Shall special taxes be levied annually on taxable property Yes ❑ within certain territory to be annexed to City of Atascadero Community Facilities District No. 2005-1 (Public Services), County of San Luis Obispo, State of California ("Annexation No. 1"), and to levy and collect such special taxes so long as the special taxes are needed to pay for police services, fire protection and No suppression services,and park services at the special tax rates and pursuant to the method of apportiorung the special taxes set forth in Exhibit "B" to the Resolution of Intention adopted by the City Council of the City of Atascadero on April 12,2005? PROPOSITION B Shall an appropriations limit,as defined by subdivision(h) ❑ of Section S of Article XIIIB of the California Constitution,be established for Yes Annexation No. 1 to City of Atascadero Community Facilities District No.2005- 1 (Public Services),County of San Luis Obispo,State of California,in the amount of$4,000,000? No Number of votes. _ Property Owner- By