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RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FONTANA CALLING SPECIAL ELECTION FOR CITY
OF FONTANA COMMUNITY FACILITIES DISTRICT
NO. 112 (THE GARDENS PHASE ONE)
WHEREAS, on this date, the City Council (the “City Council”) of the City of Fontana (the “City”), pursuant to the Mello -Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Fontana of Formation of the City of Fontana Community Facilities District No. 112 (The Gardens Phase One), Authorizing the Levy of a Special Tax within the Community Facilities District and Establishing an Appropriations Limit for the Community Facilities District” (the “Resolution of Formation”), establishing City of Fontana Community Facilities Distri ct No. 112 (The Gardens Phase One ) (the “Community Facilities District”), authorizing the levy of a special tax (the “Special Tax”) within the Community Facilities District and establishing an appropriations limit of $ 36,000,000 for the Community Facilities District;
WHEREAS, on this date, the City Council also adopted a resolution entitled “A Resolution of the City Council of the City of Fontana Deeming it Necessary to Incur Bonded Indebtedness within City of Fontana Community Facilities District No. 112 (The Gardens Phase One )” (the “Resolution Deeming it Necessary to Incur”), deeming it necessary to incur bonded indebtedness in the maximum amount of $36,000,000;
WHEREAS, pursuant to the provisions of said resolutions, the propositions to incur such bonded indebtedness, to levy the Special Tax within the Community Facilities District and to establish an appropriations limit for the Community Facilities District are to be submitted to the qualified electors of the Community Facilities District as required by the Act; WHEREAS, the City Council desires to designate the City Clerk of the City (the “City Clerk”) as the election official for the special election provided for herein; WHEREAS, there has been filed with the City Clerk a letter from the Registrar of Voters of the County of San Bernardino indicating that no persons were registered to vote within the territory of the proposed Community Facilities District as of March 15, 2023, which demonstrates that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearings on the establishment of the Community Facilities District and the proposed debt issue for the Community Facilities District;
WHEREAS, there has been filed with the City Clerk consents and waivers of all of the landowners of record in the Community Facilities District waiving any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of sai d special election, including any time limit or requirement applicable to an election pursuant to Article 5 of the Act (commencing with Section 53345 of the Act), consenting to the holding of said special election on April 25, 2023 and waiving any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act; and
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WHEREAS, the City Clerk has concurred in said waivers and has concurred in holding said special election on April 25, 2023;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. Pursuant to Sections 53351, 53326 and 53325.7 of the Act, the propositions to incur such bonded indebtedness, to levy the Special Tax within the Community Facilities District and to establish such appropriations limit for the Community Facilities District shall be submitted to the qualified electors of the Community Facilities District at an election called therefor as provided below.
Section 3. The City Clerk is hereby designated as the official to conduct said election.
Section 4. As authorized by Section 53353.5 of the Act, the propositions to incur such bonded indebtedness, to levy the Special Tax within the Community Facilities District and to establish such appropriations limit for the Community Facilities District shall be combined into one ballot proposition.
Section 5. The City Council hereby finds and determines that no persons were registered to vote within the territory of the proposed Community Facilities District as of March 15, 2023, and that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearings heretofore held by the City Council on the establishment of th e Community Facilities District and the proposed debt issue for the Community Facilities District. Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the landowners of the Community Facilities District and each person who is the owner of land as of the close of said public hearings, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District not exempt from the Special Tax.
Section 6. The City Council hereby finds and determines that the qualified electors of the Community Facilities District have unanimously consented (a) to the waiver of any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said election, including any time limit or requirement applicable to an election pursuant to Article 5 of the Act (commencing with Section 53345 of the Act), (b) to the holding of said election on April 25, 2023, and (c) to the waiver of any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act. The City Council herby finds and determines that the City Clerk has concurred in said waivers and has concurred in holding said election on April 25, 2023.
Section 7. The City Co uncil hereby calls a special election to submit to the qualified electors of the Community Facilities District the combined proposition to incur bonded indebtedness in an amount not to exceed $ 36,000,000, to levy the Special Tax within the Community Facilities District and to establish an appropriations limit of the Community Facilities District in the amount of $36,000,000, which election shall be held at 8353 Sierra Avenue, Fontana, California, on April 25, 2023, provided, that, in the event the April 25, 2023 City Council meeting is held via teleconference and/or videoconference only, the means by which the public may 3 4129-3381-1525.2
observe such public hearings and offer public comment would be as prescribed in the notice and agenda for such City Council meeting. The City Council has caused to be provided to the City Clerk, as the official to conduct said election, the Resolution of Formation, the Resolution of Deeming it Necessary to Incur, a certified map of sufficient scale and clarity to s how the boundaries of the Community Facilities District, and a sufficient description to allow the City Clerk to determine the boundaries of the Community Facilities District.
The voted ballots shall be returned to the City Clerk not later than 8:30 p.m. o n April 25, 2023; provided, however, that if all of the qualified electors have voted prior to such time, the election may be closed with the concurrence of the City Clerk.
Section 8. Pursuant to Section 53326 of the Act, the election shall be conducted by mail or hand-delivered ballot pursuant to Section 4000 et. seq. of the California Elections Code. Except as otherwise provided in the Act, the provisions of law regulating elections of the City, insofar as they may be applicable, will govern the election.
Section 9. The form of the ballot for said election is attached hereto as Exhibit A and by this reference incorporated herein, and such form of ballot is hereby approved. The City Clerk shall cause to be delivered to each of the qualified electors of the Community Faciliti es District a ballot in said form. Each ballot shall indicate the number of votes to be voted by the respective landowner to which it pertains.
Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of th e ballot. The identification envelope for return of the ballot shall be enclosed with the ballot, shall have the return postage prepaid, and shall contain: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or the authorized representative of the landowner entitled to vote and is the person whose name appears on the identification envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration described in clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board.
Analysis and arguments with respect to the ballot proposition are hereby w aived, as provided in Section 53327 of the Act.
Section 10. The City Clerk shall accept the ballots of the qualified electors in the office of the City Clerk at 8353 Sierra Avenue, Fontana, California, to and including 8:30 p.m. on April 25, 2023, whether said ballots be personally delivered or received by mail. The City Clerk shall have available ballots which may be marked at said location on the election day by said qualified electors.
Section 11. The City Council hereby determines that the facilities and services financed by the Community Facilities District are necessary to meet increased demands placed upon local agencies as a result of development occurring in the Community Facilities District.
Section 12. The specific purposes of the bonded indebtedness proposed to be incurred is the financing of the Facilities (as defined in the Resolution of Formation), including all costs and 4 4129-3381-1525.2
estimated costs incidental to, or connected with, the accomplishment of such purpose, and the proceeds of such bonded indebtedness shall be applied only to such specific purposes.
Upon approval of the proposition to incur bonded indebtedness, and the sale of any bonds evidencing such indebtedness, the City Council shall take such action as may be necessary to cause to be established an account for deposit o f the proceeds of sale of the bonds. For so long as any proceeds of the bonds remain unexpended, the Chief Financial Officer, Management Services, of the City shall cause to be filed with the City Council, no later than January 1 of each year, a report stating (a) the amount of bond proceeds received and expended during the preceding year, and (b) the status of any project funded or to be funded from bond proceeds. Said report may relate to the calendar year, fiscal year, or other appropriate annual period, as the Chief Financial Officer, Management Services, of the City shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the City Council.
Section 13. All actions heretofore taken by the officers, employees and agents of the City with respect to the special election called for herein, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.
Section 14. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.
Section 15. This Resolution shall take effect immediately upon its adoption.
APPROVED and ADOPTED by the City Council of the City of Fontana on April 25, 2023.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
A-1
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EXHIBIT A
OFFICIAL BALLOT
CITY OF FONTANA
April 25, 2023
SPECIAL ELECTION
This ballot is for a special, landowner election. The number of votes to be voted pursuant to this ballot is ___.
INSTRUCTIONS TO VOTERS:
To vote on t he measure, mark a cross (+ or X) in the voting square after the word “YES” or after the word “NO”. All distinguishing marks or erasures 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 Fontana and obtain another.
CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 112
(THE GARDENS PHASE ONE)
MEASURE SUBMITTED TO VOTE OF VOTERS: Shall the
City of Fontana Community Facilities District No. 112 (The Gardens Phase One) (the “Community Facilities District”) be authorized to incur bonded indebtedness in a maximum aggregate amount of not to exceed $36,000,000 and levy a special tax in order to finance certain facilities and services and shall the annual appropriations limit of the Community Facilities District be established in the amount of $ 36,000,000, all as specified in the Resolution entitled “A Resolution of the City Council of the City of Fontana of Formation of the City of Fontana Community Facilities District No. 112 (The Gardens Phase One ), Authorizing the Levy of a Special Tax within the Community Facilities District and Establishing an Appr opriations Limit for the Community Facilities District” and the Resolution entitled “A Resolution of the City Council of the City of Fontana Deeming it Necessary to Incur Bonded Indebtedness within City of Fontana Community Facilities District No. 112 (The Gardens Phase One),” each adopted by the City Council of the City of Fontana on April 25, 2023?
Yes:
No:
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I, Germaine Key, City Clerk of the City of Fontana, California, and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council of said City at a regular meeting thereof, he ld on April 25, 2023, by the following vote to-wit:
AYES:
NOES:
ABSENT:
City Clerk
Mayor
ATTEST:
City Clerk