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HomeMy WebLinkAboutReso 90-17 Declaring Election Results for Comm Facilities Dist RESOLUTION NO. 90 — 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DECLARING ELECTION RESULTS 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 the following resolutions: a. Resolution of Formation, pursuant to Section 53325.1 of the Act, thereby concluding its legal proceedings to establish CFD No. 2017-1 and providing each of the following, among other things: (1) finding and determining that the qualified electors for the special election to be held in these proceedings shall be the landowners of the land within CFD No. 2017-1, in accordance with Section 53326 of the Act; (2) specifying that the special election shall be conducted as a mailed-ballot election; and (3) designating the City Clerk of the City (the "City Clerk") as the official to conduct the mailed-ballot election; b. Resolution Calling Special Mailed-Ballot Election (the "Resolution Calling Election"), calling a special landowner-voter election, to be held and conducted forthwith upon adoption of the Resolution Calling Election providing for: (1) the authorization to levy the Special Tax; and (2) the establishment of an initial annual appropriation limit for CFD No. 2017-1. WHEREAS, the Resolution Calling Election found and determined that (i) there are fewer than 12 registered voters living within the boundaries of CFD No. 2017-1, and (ii) all of the land within CFD No. 2017-1, consisting approximately 28 acres, is owned by five landowners (the "Landowners") and that the Landowners have consented to conduct of the special election on this date and agreed to accept personal service of the ballot; and WHEREAS, the Resolution Calling Election approved the ballot measure and the form of special election ballot (attached thereto as Exhibit A), ratified the action of the City Clerk in providing the ballots to the Landowners by personal service, and directed the City Clerk, forthwith upon receipt from the Landowners of an executed and completed ballot, to close the election and declare the results to this City Council; and Reso No. 90-17, Adopted 6/20/2017, Item No. 6.1 Page 1 of 2 WHEREAS, the City Clerk having executed and presented to this City Council a "Certificate of City Clerk re Receipt of Waiver and Consent Form and Election Ballot and Declaring Election Results," in which the City Clerk has declared, among other things, that all votes were cast "Yes," in favor of the ballot measure; and WHEREAS, this City Council, by this resolution, wishes to declare the results of the special mailed-ballot election. 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. This City Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of CFD No. 2017-1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53355 of the Act. Section 3. This City Council hereby authorizes and directs the City Clerk to cause the preparation and recordation with the Alameda County Recorder of a notice of special tax lien in accordance with Section 3114.5 of the California Streets and Highways Code and Section 53328.3 of the Act. Said notice shall be recorded within fifteen (15) days of today's date. Section 4. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 20th day of June 2017, by the following vote: AYES: Councilmembers Biddle, Gupta, Hernandez and Mayor Flaubert NOES: ABSENT: Councilmember Goel ABSTAIN: r e Mayor ATTEST:P� r� Rep,+r 6ity Clerk Reso No. 90-17, Adopted 6/20/2017, Item No. 6.1 Page 2 of 2 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