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HomeMy WebLinkAboutReso 89-17 Calling Special Mailed-Ballot Election Annual Levy of Special Taxes RESOLUTION NO. 89 — 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN CALLING SPECIAL MAILED-BALLOT ELECTION AND SUBMITTING TO THE VOTERS OF CFD NO. 2017-1 THE ANNUAL LEVY OF SPECIAL TAXES WITHIN CFD NO. 2017-1 TO FINANCE PUBLIC SERVICES FOR COMMUNITY FACILITIES DISTRICT NO. 2017-1 (DUBLIN CROSSING — PUBLIC SERVICES) WHEREAS, at the close of the public hearing on this date with respect to its proposed City of Dublin Community Facilities District No. 2017-1 (Dublin Crossing — Public Services) ("CFD No. 2017- 1"), this City Council (this "City Council") of the City of Dublin (the "City") found and determined that a majority protest was not made at the hearing, as provided by the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code) (the "Act") and specifically Section 53324 of the Act; and WHEREAS, having determined that a majority protest was not made, this City Council adopted its Resolution of Formation pursuant to Section 53325.1 of the Act, thereby concluding its legal proceedings to (a) establish CFD No. 2017-1, (b) designate additional territory as Future Annexation Area, (c) conditionally authorize the levy of a special tax (the "Special Tax") on the nonexempt parcels within CFD No. 2017-1, and (d) approve the instrument providing the rate and method of apportionment of special tax ("RMA"), attached to the Resolution of Formation as Exhibit B; and WHEREAS, the purpose of establishing CFD No. 2017-1 (hereafter, all references to CFD No. 2017-1 shall be deemed to include additional territory later annexed to CFD No. 2017-1) is to provide financing, for, among other things, authorized CFD public services (the "Authorized CFD Public Services"); and WHEREAS, the financing is to be provided through the levy and collection of the Special Tax on nonexempt property within CFD No. 2017-1 (the "Special Tax") in accordance with the applicable RMA; and WHEREAS, in order to (1) authorize levy of the Special Tax and (2) establish an initial annual appropriations limit for CFD No. 2017-1, each as provided by the Resolution of Formation, the matters must be submitted to an election of the qualified electors of CFD No. 2017-1; and WHEREAS, Section 53353.5 of the Act provides that the two matters may be combined into a single ballot measure, as provided in the form of special election ballot attached hereto as Exhibit A and by this reference incorporated herein; and WHEREAS, as set forth in the Resolution of Formation, the qualified electors for the special election shall be the landowners of the land within CFD No. 2017-1; and WHEREAS, on the basis of the executed "Waiver and Consent Respecting Conduct of Mailed- Ballot, Landowner Election" (the "Waiver and Consent") which has been filed with the City Clerk and presented at this meeting, this City Council hereby finds and determines as follows: a. the landowners of the land within CFD No. 2017-1 and therefore the parties entitled to cast ballots in the special mailed-ballot election are Reso No. 89-17, Adopted 6/20/2017, Item No. 6.1 Page 1 of 3 Dublin Crossing, LLC, a Delaware limited liability company Brookfield Bay Area Holdings LLC, a Delaware limited liability company Brookfield Wilshire LLC, a Delaware limited liability company CalAtlantic Group, Inc., A Delaware corporation Brookfield Fillmore, LLC, a Delaware limited liability company (the "Landowners"); b. the land within CFD No. 2017-1 consists of approximately 28 acres, as shown on Exhibit A; c. the Landowners have consented to the conduct of the special mailed-ballot election on this date and have waived the requirements to (1) prepare and distribute an impartial analysis, (2) invite arguments in favor of or against the ballot measure, (3) publish a notice of the election and (4) mail the special election ballot a prescribed number of days prior to the election; and d. the Landowners have agreed to accept personal service of the ballot; and WHEREAS, this City Council, by this resolution, wishes to call the special mailed-ballot election to be held on this date immediately upon adoption of this resolution, and to direct that, forthwith upon receiving an executed and completed ballot from each of the Landowners, the City Clerk shall close the election and declare the results to this City Council. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Dublin hereby finds, determines and resolves as follows: Section 1. The foregoing recitals are true and correct, and this City Council hereby expressly so finds and determines. Section 2. Pursuant to Sections 53326 and 53351 of the Act, this City Council hereby calls a special mailed-ballot election, to be held and conducted forthwith upon adoption of this resolution, and sets this same date as the election date. Section 3. The measure to be submitted to the Landowners, as the qualified electors of CFD No. 2017-1, shall be as set forth in Exhibit A. Section 4. The action of the City Clerk in providing the special election ballot to the Sole Landowner by personal service is hereby ratified. Section 5. The City Clerk is hereby directed, forthwith upon receiving an executed and completed ballot from the Landowners, to close the election and declare the results to this City Council. Section 6. This resolution shall take effect immediately upon its adoption. Reso No. 89-17, Adopted 6/20/2017, Item No. 6.1 Page 2 of 3 PASSED, APPROVED AND ADOPTED this 20th day of June 2017, by the following vote: AYES: Councilmembers Biddle, Gupta, Hernandez and Mayor Haubert NOES: ABSENT: Councilmember Goel ABSTAIN: Mayor ATTEST: N f,.. City Clerk Reso No. 89-17, Adopted 6/20/2017, Item No. 6.1 Page 3 of 3 EXHIBIT A TO RESOLUTION CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2017-1 (DUBLIN CROSSING - PUBLIC SERVICES) SPECIAL ELECTION BALLOT ATTACHMENT 5 Exhibit A CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2017-1 (DUBLIN CROSSING — PUBLIC SERVICES) SPECIAL ELECTION BALLOT (Mailed-Ballot Election) This ballot is for the use of the authorized representative(s) of the following owner of the land within the City of Dublin Community Facilities District No. 2017-1 (Dublin Crossing — Public Services) ("CFD No. 2017-1").- Name of Landowner Number of Acres Owned Total Votes Dublin Crossing, LLC 1.81 2 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the "City Council") of the City of Dublin (the "City"), the above- named landowner is entitled to cast the number of votes shown above under the heading "Total Votes," representing the total votes for the property owned by the above named landowner within CFD No. 2017-1. In order to be counted, this ballot must be executed and certified below and be returned to the City Clerk of the City (the "City Clerk"), either by mail or in person, prior to 7:00 p.m. on June 20, 2017 (the "Election Date"), or as soon thereafter as the matter of the special election for CFD No. 2017-1 shall be considered by the City Council at its meeting on said date, to: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Mailing on the Election Date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted. ATTACHMENT 5 AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT. BALLOT MEASURE MARK "YES" OR "NO" WITH AN "X": Shall the City Council of the City of Dublin be authorized to levy a special tax on the property within CFD No. 2017-1 pursuant to the rate and method of apportionment of special tax YES attached as Exhibit B to the Resolution of Formation adopted on June 20, 2017; to finance public services, fees and incidental expenses by and through its CFD No. 2017-1, all as specified in its resolutions pertaining thereto, adopted on June 20, 2017, and shall the initial appropriations limit for CFD No. 2017-1 for Fiscal Year 2017-18 be established at $25,000? NO Certification for Special Election Ballot The undersigned are authorized representatives of the above-named landowner and are persons legally authorized and entitled to cast this ballot on behalf of the above-named landowner. We 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 2017, with the intention that this marked and executed ballot will be submitted to the City Clerk of the City of Dublin not later than 7:00 p.m. on June 20, 2017. DUBLIN CROSSING, LLC, a Delaware limited liability company By: BrookCal Dublin LLC, a Delaware limited liability company Its: Member By: Name: Title: By: Name: Title: ATTACHMENT 5 By: SPIC Dublin LLC, a Delaware limited liability company Its: Member By: Standard Pacific Investment Corp., a Delaware corporation Its: Member By: Name: Title: By: Name: Title: ATTACHMENT 5 Exhibit A CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2017-1 (DUBLIN CROSSING — PUBLIC SERVICES) SPECIAL ELECTION BALLOT (Mailed-Ballot Election) This ballot is for the use of the authorized representative(s) of the following owner of the land within the City of Dublin Community Facilities District No. 2017-1 (Dublin Crossing — Public Services) ("CFD No. 2017-1")-. Name of Landowner Number of Acres Owned Total Votes Brookfield Bay Area Holdings LLC 3.77 4 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the "City Council") of the City of Dublin (the "City"), the above- named landowner is entitled to cast the number of votes shown above under the heading "Total Votes," representing the total votes for the property owned by the above named landowner within CFD No. 2017-1. In order to be counted, this ballot must be executed and certified below and be returned to the City Clerk of the City (the "City Clerk"), either by mail or in person, prior to 7:00 p.m. on June 20, 2017 (the "Election Date"), or as soon thereafter as the matter of the special election for CFD No. 2017-1 shall be considered by the City Council at its meeting on said date, to: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Mailing on the Election Date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted. ATTACHMENT 5 AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT. BALLOT MEASURE MARK "YES" OR "NO" WITH AN "X` Shall the City Council of the City of Dublin be authorized to levy a special tax on the property within CFD No. 2017-1 pursuant to the rate and method of apportionment of special tax YES attached as Exhibit B to the Resolution of Formation adopted on June 20, 2017; to finance public services, fees and incidental expenses by and through its CFD No. 2017-1, all as specified in its resolutions pertaining thereto, adopted on June 20, 2017, and shall the initial appropriations limit for CFD No. 2017-1 for Fiscal Year 2017-18 be established at $25,000? NO Certification for Special Election Ballot The undersigned are authorized representatives of the above-named landowner and are persons legally authorized and entitled to cast this ballot on behalf of the above-named landowner. We 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 2017, with the intention that this marked and executed ballot will be submitted to the City Clerk of the City of Dublin not later than 7:00 p.m. on June 20, 2017. BROOKFIELD BAY AREA HOLDINGS LLC, a Delaware limited liability company By: Name- Title- By.- Name: Title: ATTACHMENT 5 Exhibit A CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2017-1 (DUBLIN CROSSING — PUBLIC SERVICES) SPECIAL ELECTION BALLOT (Mailed-Ballot Election) This ballot is for the use of the authorized representative(s) of the following owner of the land within the City of Dublin Community Facilities District No. 2017-1 (Dublin Crossing — Public Services) ("CFD No. 2017-1"): Name of Landowner Number of Acres Owned Total Votes Brookfield Wilshire LLC 3.74 4 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the "City Council") of the City of Dublin (the "City"), the above- named landowner is entitled to cast the number of votes shown above under the heading "Total Votes," representing the total votes for the property owned by the above named landowner within CFD No. 2017-1. In order to be counted, this ballot must be executed and certified below and be returned to the City Clerk of the City (the "City Clerk"), either by mail or in person, prior to 7:00 p.m. on June 20, 2017 (the "Election Date"), or as soon thereafter as the matter of the special election for CFD No. 2017-1 shall be considered by the City Council at its meeting on said date, to: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Mailing on the Election Date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted. ATTACHMENT 5 AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT. BALLOT MEASURE MARK "YES" OR "NO" WITH AN "X": Shall the City Council of the City of Dublin be authorized to levy a special tax on the property within CFD No. 2017-1 pursuant to the rate and method of apportionment of special tax YES attached as Exhibit B to the Resolution of Formation adopted on June 20, 2017; to finance public services, fees and incidental expenses by and through its CFD No. 2017-1, all as specified in its resolutions pertaining thereto, adopted on June 20, 2017, and shall the initial appropriations limit for CFD No. 2017-1 for Fiscal Year 2017-18 be established at $25,000? NO Certification for Special Election Ballot The undersigned are authorized representatives of the above-named landowner and are persons legally authorized and entitled to cast this ballot on behalf of the above-named landowner. We 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 2017, with the intention that this marked and executed ballot will be submitted to the City Clerk of the City of Dublin not later than 7:00 p.m. on June 20, 2017. BROOKFIELD WILSHIRE LLC, a Delaware limited liability company By: BROOKFIELD BAY AREA HOLDINGS LLC, a Delaware limited liability company Its Member By: Name: Title: By: Name: Title: ATTACHMENT 5 Exhibit A CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2017-1 (DUBLIN CROSSING — PUBLIC SERVICES) SPECIAL ELECTION BALLOT (Mailed-Ballot Election) This ballot is for the use of the authorized representative(s) of the following owner of the land within the City of Dublin Community Facilities District No. 2017-1 (Dublin Crossing — Public Services) ("CFD No. 2017-1")- Name of Landowner Number of Acres Owned Total Votes CalAtlantic Group, Inc. 13.252 14 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the "City Council") of the City of Dublin (the "City"), the above- named landowner is entitled to cast the number of votes shown above under the heading "Total Votes," representing the total votes for the property owned by the above named landowner within CFD No. 2017-1. In order to be counted, this ballot must be executed and certified below and be returned to the City Clerk of the City (the "City Clerk"), either by mail or in person, prior to 7:00 p.m. on June 20, 2017 (the "Election Date"), or as soon thereafter as the matter of the special election for CFD No. 2017-1 shall be considered by the City Council at its meeting on said date, to: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Mailing on the Election Date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted. ATTACHMENT 5 AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT. BALLOT MEASURE MARK "YES" OR "NO" WITH AN "X": Shall the City Council of the City of Dublin be authorized to levy a special tax on the property within CFD No. 2017-1 pursuant to the rate and method of apportionment of special tax YES attached as Exhibit B to the Resolution of Formation adopted on June 20, 2017; to finance public services, fees and incidental expenses by and through its CFD No. 2017-1, all as specified in its resolutions pertaining thereto, adopted on June 20, 2017, and shall the initial appropriations limit for CFD No. 2017-1 for Fiscal Year 2017-18 be established at $25,000? NO Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is a 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 , 2017, with the intention that this marked and executed ballot will be submitted to the City Clerk of the City of Dublin not later than 7:00 p.m. on June 20, 2017. CALATLANTIC GROUP, INC., A Delaware corporation By: Name: Title: By: Name: Title: ATTACHMENT 5 Exhibit A CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2017-1 (DUBLIN CROSSING — PUBLIC SERVICES) SPECIAL ELECTION BALLOT (Mailed-Ballot Election) This ballot is for the use of the authorized representative(s) of the following owner of the land within the City of Dublin Community Facilities District No. 2017-1 (Dublin Crossing — Public Services) ("CFD No. 2017-1"): Name of Landowner Number of Acres Owned Total Votes Brookfield Fillmore, LLC 5.677 6 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the "City Council") of the City of Dublin (the "City"), the above- named landowner is entitled to cast the number of votes shown above under the heading "Total Votes," representing the total votes for the property owned by the above named landowner within CFD No. 2017-1. In order to be counted, this ballot must be executed and certified below and be returned to the City Clerk of the City (the "City Clerk"), either by mail or in person, prior to 7:00 p.m. on June 20, 2017 (the "Election Date"), or as soon thereafter as the matter of the special election for CFD No. 2017-1 shall be considered by the City Council at its meeting on said date, to: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Mailing on the Election Date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted. ATTACHMENT 5 AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT. BALLOT MEASURE MARK "YES" OR "NO" WITH AN "X": Shall the City Council of the City of Dublin be authorized to levy a special tax on the property within CFD No. 2017-1 pursuant to the rate and method of apportionment of special tax YES attached as Exhibit B to the Resolution of Formation adopted on June 20, 2017; to finance public services, fees and incidental expenses by and through its CFD No. 2017-1, all as specified in its resolutions pertaining thereto, adopted on June 20, 2017, and shall the initial appropriations limit for CFD No. 2017-1 for Fiscal Year 2017-18 be established at $25,000? NO Certification for Special Election Ballot The undersigned are authorized representatives of the above-named landowner and are persons legally authorized and entitled to cast this ballot on behalf of the above-named landowner. We 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 2017, with the intention that this marked and executed ballot will be submitted to the City Clerk of the City of Dublin not later than 7:00 p.m. on June 20, 2017. BROOKFIELD FILLMORE LLC, a Delaware limited liability company By: BROOKFIELD BAY AREA HOLDINGS LLC, a Delaware limited liability company Its Member By: Name: Title- By- Name: Title: ATTACHMENT 5