1 of 14
Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: HT Resolution No. ____________ RESOLUTION NO. __________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, CALLING A SPECIAL MAILED-
BALLOT ELECTION
COMMUNITY FACILITIES DISTRICT NO. 18
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 002
WHEREAS, on April 20, 2023 the Council of the City of Fresno (Council) adopted Council Resolution No. 2023-102 to annex Final Tract Map No s. 6212, 6276, and 6350 as Annexation No. 002 to City of Fresno Communi ty Facilities District No. 18 (CFD No. 18) and to authorize the levy of special taxes; and
WHEREAS, Council Resolution No. 2023 -102 identified the s ervices to be provided by Annexation No. 002 of CFD No. 18 and provided an e stimate of the cost of providing those services;
WHEREAS, Council Resolution No. 2023 -102 contemplated the imposing of a special tax upon those properties within Annexation No. 002 of CFD No. 18 receiving said services; and
WHEREAS, a report has been filed with the City Clerk of the City of Fresno (City Clerk) that describes the proposed rate and method of apportionment of the special tax among the parcels of real property proposed to be annexed to CFD No. 1 8 in sufficient detail to allow all interested parti es to estimate the maximum amount each property owner must pay; and
2 of 14
WHEREAS, the levy of said proposed special tax shall be subject to the approval of the qualified ele ctors of the terri tory pr oposed to be annexed to CFD No. 18 at a special election; and
WHEREAS, the Public Works Director has filed a Certificate (Certificate) in th ese proceedings providing that fewer t han twelve ( 12) registered voters r eside within the boundaries of the territory proposed for annexation to CFD No. 18.
NOW, THEREFORE, BE IT RESOLVED, by the Council as follows:
1. The levy of the special tax proposed in Council Resolution No. 202 3-102 shall be submitted to the voters pursuant to t he City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law).
2. The setting of the appro priations limit shall be submitted to the voters pursuant to City Law.
3. The two ballot items descri bed a bove shall be comb ined into a single ballot measure pursuant to City Law. The ballot languag e shall be as shown on the ballot form attached as Exhibit A, which is hereby approved.
4. This Council accepts the Certifi cate of the Public Works Director filed in these proceedings and, ba sed on the certificate, finds that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed to be annexed to CFD No. 18. Acc ordingly, under City Law the voters in this election shall be the landowners owning land within the territory proposed to be annexed to CFD No. 18 , or their authorized representatives.
5. The Council fur ther finds that the landowners of record owning propert y within the territory proposed to be annexed to CFD No. 18 are those set forth in the 3 of 14
attachment to t he Certificate and that the att achment correctly sets forth how much property is owned by each landowner and the number of votes to which each is entitled.
6. This Council approves the form, attached as Exhibit B, entitled Waiver and Consent From Proper ty Owner Shortening Time Periods and Waivi ng V arious Requirements for Conducting Mailed -Ballot Election in CFD No. 1 8, Annex ation No. 002, City of Fresno , County of Fresno , State of California. This Council finds that the rights, procedures and time periods therein waive d are solely for the pro tection of the voters, may be waive d under City Law, and that the wai ver constitutes a full and knowing wa iver by any v oter who has execute d the form of these righ ts, procedures, and time periods.
7. Accordingly, this Council cal ls the special election descri bed herein and sets May 25, 2023 as Election Day. P ursuant to C ity Law, the election s hall be conducted by mailed ballot.
8. The City Clerk or desi gnee is direct ed to mail or to deli ver the ballots, in the form of Exhibit A hereto, to the landowners shown on the attachment to the Certificate. The City Clerk or desi gnee shall fill in the names of the landowners and the number of votes to be cast on each ballot, according t o the Ce rtificate, before del ivery or mailing.
9. The City Clerk or designee s hall accept personal or mail deliv ery of the ballots at any time up to the hearing on Thur sday, May 25, 2 023, at 10:00a.m. Upon receipt of all eligible ballots, however, the City Clerk or designee shall immediately close the election and declare the results to the Council.
4 of 14
Attachments:
Exhibit A – Special Election Ballot
Exhibit B – Waiver and Consent from Property Owner
5 of 14
* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, 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 day of 2023.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Vote: , 2023
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Heather Thomas Date
Deputy City Attorney
6 of 14
EXHIBIT A
SPECIAL ELECTION BALLOT
(Mailed-Ballot Election)
Community Facilities District No. 18
Annexation No. 002
This ball ot is for the use of Essential Housing Asset Management, LLC , the landowner owning a portion of land within the boundaries of Final Tract Map No. 6212, Community Facilities D istrict No. 1 8, Annexation No. 002, 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 eleven (11) votes on this ballot.
In order to be counted, the ballot must be returned p rior to the hearing on Thursday, May 25, 2023, at 10:00 a.m., to TODD STERMER, 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 physi cally 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 TH IS
BALLOT, OR THE VOTER MAY WRITE NUMBERS IN THE SPACES PROVIDED
BALLOT MEASURE
Shall the City of Fresno be authorize d to
levy a special tax, and finance the
authorized services, and costs and
expenses by and through its Community
Facilities Di strict N o. 1 8, Annexation No.
002, all as specified in its Council
Resolutions No. 2023-102 and No.
; and shall the appropriations limit
for Community Facilities District No. 1 8
Annexation No. 002 be established in
accordance therewith?
Number of Votes
YES
Number of Votes
NO
7 of 14
EXHIBIT A
CERTIFICATION
The undersigned is the authorized representative of the above-named landowner and is the 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 for egoing is true and correct and that this declaration is executed on ______________________, 2023.
Company Name:
By:
Print Name:
Print Title:
(Attach Notary Acknowledgement)
8 of 14
EXHIBIT B
WAIVER AND CONSENT FROM PROPERTY OWNER
SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS
FOR CONDUCTING MAILED-BALLOT ELECTION
Community Facilities District No. 18, Annexation No. 002
The undersigned is the person legally entitled and authorized to cast the ballots as the authorized representative of the owner of a portion of the property within the boundaries of Final Tract Map No. 6212 in this mailed -ballot election to be conduct ed within Community Facilities District No. 1 8 Annexation No. 002, to determine, among other things, whether the rate and method of apportionment of the annual special taxes shall be approved.
The und ersigned 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 prepara tion and distribution of an impartial analysis of the b allot measure, as well as argume nts in favor and against, under the authority of City Law.
The undersigned hereby waives the requirement to p ublish notice of the election under City Law.
The undersigned hereby waives the requirements regarding the time t o 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 bal lots 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 cas t the b allot 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 __________________, 2023
Company Name:
By:
Print Name:
Print Title:
(Attach Notary Acknowledgement)
9 of 14
EXHIBIT A
SPECIAL ELECTION BALLOT
(Mailed-Ballot Election)
Community Facilities District No. 18
Annexation No. 002
This ball ot is for the use o f Essential Housing Asset Management, LLC, the landowner owning a portion of land within the boundaries of Final Tract Map No. 6276, Community Facilities D istrict No. 1 8, Annexation No. 002, City of Fr esno, 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, an d the resolutions of the City Council of the City of Fresno , the above -named landowner is entitled to cast nine (9) votes on this ballot.
In order to be counted, the ballot must be returned p rior to the hearing on Thursday, May 25, 2023, at 10:00 a.m., to TODD STERMER, City Clerk, City of Fresno, 2600 Fresno Street, Room 2133, Fresno, CA 93721.
Mailing by that date will no t be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted.
AN “X” OR OTH ER 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 be authorized to
levy a special tax, and finance the
authorized services, and costs and
expenses by and t hrough its Community
Facilities Di strict No. 1 8, Annexation No.
002, all as specified in its Council
Resolutions N o. 2023-102 and No.
; and shall the appropriations limit
for Community Facilities District No. 1 8
Annexation No. 002 be establi shed in
accordance therewith?
Number of Votes
YES
Number of Votes
NO
10 of 14
EXHIBIT A
CERTIFICATION
The undersigned is the authorized representative of the above -named landowner and is the person legally authorized and ent itled 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 ______________________, 2023.
Company Name:
By:
Print Name:
Print Title:
(Attach Notary Acknowledgement)
11 of 14
EXHIBIT B
WAIVER AND CONSENT FROM PROPERTY OWNER
SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS
FOR CONDUCTING MAILED-BALLOT ELECTION
Community Facilities District No. 18, Annexation No. 002
The undersigned is the person legally entitled and authorized to cast the ballots as the authorized representative of the owner of a portion of the property within the boundaries of Final Tract Map No. 6276 in this m ailed-ballot election to be conducted within Community Facilities District No. 1 8 Annexation No. 002, to determine, among other things, whether the rate and method of apportionment of the annual special taxes shall be approved.
The undersign ed hereby waiv es 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 a nd distribution of an impartial analysis of the ballot measure, as well as argume nts 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 he reby waives th e requirements regarding the time to mail ballots to the qualified electors under Elections Code Section 4101, and agrees to accept eit her mailed service or personal service of the ballot.
The undersigned hereby waives the requirements regar ding 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 o r unknown (other than the right to have ballots a ccurately 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 here of, and to waive and consent to the above, that the foregoing waivers and consents are voluntarily given and that this declaration is executed on __________________, 2023
Company Name:
By:
Print Name:
Print Title:
(Attach Notary Acknowledgement)
12 of 14
EXHIBIT A
SPECIAL ELECTION BALLOT
(Mailed-Ballot Election)
Community Facilities District No. 18
Annexation No. 002
This ball ot is for the use of GVM Investments, LLC, the l andowner owning a portion of land within the boundaries of Final Tract Map No. 6350, Community Facilities District No. 1 8, Annexa tion No. 002, City of Fresno, County of Fresno, S tate 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 Fr esno Municipal Code, and the resolutions of the City Counc il of the City of Fresno, the above -named landown er is entitled to cast twelve (12) votes on this ballot.
In order to be counted, the ballot must be returned p rior to the hearing on Thursday, May 25, 2023, at 10:00 a.m., to TODD STERMER, 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 ASSI GNED TO THIS
BALLOT, OR THE VOTER MAY WRITE NUMBERS IN THE SPACES PROVIDED
BALLOT MEASURE
Shall the City of Fresno be authorized to
levy a special tax, and finance the
authorized services, and c osts and
expenses by and through its Community
Facilities District No. 1 8, Annexation No.
002, all as speci fied in its Council
Resolutions No. 2023-102 and No.
; and shall the appropriations limit
for Community Facilities District No. 1 8
Annexation No. 002 be established in
accordance therewith?
Number of Votes
YES
Number of Votes
NO
13 of 14
EXHIBIT A
CERTIFICATION
The undersigned is the authorized representative of the above -named landowner and is the person legally authorized and entitled to cast this ballot on beh alf of the above-named landowner.
I declare under penalty of p erjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______________________, 2023.
Company Name:
By:
Print Name:
Print Title:
(Attach Notary Acknowledgement)
14 of 14
EXHIBIT B
WAIVER AND CONSENT FROM PROPERTY OWNER
SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS
FOR CONDUCTING MAILED-BALLOT ELECTION
Community Facilities District No. 18, Annexation No. 002
The undersigned is the person legally entitled and authorized to cast the ballots as the authorized representative of the owner of a portion of the property within the boundaries of Final Tract Map No. 6350 in this mailed -ballot election to be conducted within Community Facilities District No. 1 8 Annexation No. 002, to deter mine, 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 argume nts in favor and against, under the authori ty of City Law.
The undersigned hereby waives the require ment to publish notice of the election und er 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 require ments 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 hav e 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 t he above, that the foregoing waivers and consents are voluntarily given and that this declaration is executed on __________________, 2023
Company Name:
By:
Print Name:
Print Title:
(Attach Notary Acknowledgement)