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HomeMy WebLinkAboutCC Reso 2022-37 RESOLUTION NO. 2022-37 RESOLUTION CALLING A SPECIAL ELECTION FOR THE CITY OF CATHEDRAL CITY COMMUNITY FACILITIES DISTRICT NO. 2022-1 (CATHEDRAL CITY PARK & RECREATION SERVICES) WHEREAS, on the date hereof, pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"), the City Council (the "Council") of the City of Cathedral City (the "City") has adopted a resolution entitled "Resolution to Form the City of Cathedral City Community Facilities District No. 2022-1 (Cathedral City Park & Recreation Services) and Levy a Special Tax within the CFD to Fund Public Services and Finance the Development of Certain Public Facilities" (the "Resolution of Formation"), ordering the formation of the City of Cathedral City Community Facilities District No. 2022- 1 (Cathedral City Park & Recreation Services) (the "CFD"), authorizing the levy of a special tax on property within the CFD and preliminarily establishing an appropriations limit for the CFD, subject to voter approval; and WHEREAS, on the date hereof, the Council has also adopted a resolution entitled, "Resolution Determining the Necessity to Incur Bonded Indebtedness in Amount Not to Exceed $39,000,000 for the City of Cathedral City Community Facilities District No. 2022- 1 (Cathedral City Park & Recreation Services)" (the "Resolution Determining Necessity"), determining the necessity to incur bonded indebtedness for the CFD in the maximum aggregate principal amount of $39,000,000, upon the security of the special tax to be levied within the CFD pursuant to the Act; and WHEREAS, pursuant to the provisions of the Resolution of Formation and the Resolution Determining Necessity, the propositions of the levy of the special tax within the CFD, the establishment of the appropriations limit for the CFD and the incurring of the bonded indebtedness for the CFD shall be submitted to the qualified electors of the CFD as required by the provisions of the Act; and WHEREAS, the local revenue measure would require mandatory annual audits and reports to the Council to ensure funds are spent properly as described herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Consolidation of Issues. Pursuant to Sections 53326, 53351 and 53325.7 of the Act, the issues of the levy of the special tax, the incurring of bonded indebtedness and the establishment of the appropriations limit shall be consolidated and submitted to the qualified electors (as defined below) of the CFD at an election called therefor as provided below. Section 2. Ballot Measure. Under the Act, the propositions described above in section 1 shall be submitted to the voters of the CFD at an election called therefor as hereinafter provided. The ballot measure to be voted upon by the voters shall be substantially in the following format, subject to approval by the Election Official (defined below): To provide safe/clean Cathedral City parks and recreation facilities including repairing bathrooms, maintaining safe drinking water, increasing water conservation, improving disabled accessibility; keep YES: ❑ afterschool/ senior programs affordable; enhance youth drug/ gang prevention; shall Cathedral City's measure be adopted levying 15¢ per NO: ❑ building square foot annually on single-family residential units, other rates for other land uses ($4,500,000 annually) until ended by voters, authorizing bonds/ appropriation limit of $39,000,000, requiring public spending disclosure, all funds staying local? Section 3. Qualified Electors. The Council hereby finds that more than 12 persons have been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public hearings heretofore conducted and concluded by the Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, the Council finds that, for these proceedings, the qualified electors for the CFD are the registered voters within the CFD, which consists of all the registered voters within the City, and that the vote shall be by such registered voters, each having one vote. The vote requirement for the measure to pass is a vote of least 2/3 of the voters voting on the question at the election. Section 4. Election Date and Election Official. The Council hereby calls a special election to consider the issues described in Section 1 above, which shall be held on Tuesday, November 8, 2022 (the "Election Day"). The official of the County of Riverside responsible for the conduct of elections (the "Election Official") is hereby designated as the official to conduct the election. The Board of Supervisors of the County of Riverside and the Election Official are hereby requested to provide such services as may be necessary to properly and lawfully hold and conduct the special election pursuant to this resolution and applicable provisions of the California Elections Code, including coordination with all appropriate election officials in the County, and the consolidation of said special election with other elections being held on the Election Day. The election shall be conducted as a polled election, during which the polls shall be open as specified by the Election Official. Section 5. Documents to Election Official. Pursuant to Section 53326 of the Act, and within three business days of the adoption of the Resolution of Formation, but in no event later than the date specified by the Election Official for receipt, the City Clerk shall cause to be provided to the Election Official the Resolution of Formation, Resolution Determining Necessity and this Resolution Calling Special Election, together with a certified copy of the map of the boundaries of the CFD, as filed with the Riverside County Assessor-County Clerk-Recorder. The City Clerk is hereby authorized and directed to enter into an agreement with the Election Official for the services of such official and to provide for the reimbursement by the CFD of the costs of the Election Official in 2 conducting the election. The Mayor, the City Manager, the City Clerk, and all other officers of the City, and their designees, are hereby authorized and directed to execute and deliver any documents and to perform all acts necessary to place the measure on the ballot including making any revisions, correction or alternations to the language of the ballot measure to comply with requirements of law and the Election Official, and to ensure that the applicable requirements of the California Elections Code and the Act are met, including without limitation the preparation and provision to the voters of all documents and instructions required by and specified in the California Elections Code and the Act. Section 6. Local Bond Measure. The Council hereby finds that the proposed issuance of bonds and other debt for the CFD constitutes a "local bond measure" within the meaning of Sections 53410, et seq. of the California Government Code. As a result, the bond measure shall include the propositions set forth above and the following: (a) the specific purpose of the bonds and other debt shall be as set forth in the propositions; (b) any proceeds received from the sale of any bonds and other debt shall be applied only to the purposes set forth in the propositions; (c) the proceeds of any bonds and other debt shall be deposited into special accounts to be created therefor as part of the issuance of the bonds and other debt; and (d) the City shall cause a report to be prepared annually under Section 53411 of the Government Code. Section 7. Accountability Provisions. Under Section 50075.1 of the California Government Code, the following accountability provisions shall apply to the special tax: (a) the provision and/or acquisition of the Facilities and the Services, the payment of debt service on the bonds and other debt issued or incurred for the CFD and the incidental costs thereof, all as defined in the Resolution of Formation, shall constitute the specific purpose of the special tax; (b) the proceeds of the special tax shall be applied only to the specific purpose identified in (a) above; (c) there shall be created special account(s) or funds(s) into which the proceeds shall be deposited; and (d) there shall be caused to be prepared an annual audit and report of the CFD pursuant to Section 50075.3 of the California Government Code. Section 8. Conduct of Election. The City Clerk is authorized, instructed, and directed to procure and furnish or cause to be procured and furnished, any and all official ballots, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding special municipal elections within the City. Section 9. Notice of Election. Notice of the time and place of holding the election is hereby given, and the elections official is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 10. Impartial Analysis. Pursuant to California Elections Code section 9280, the Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not 3 to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the Election Official not later than Monday, August 22, 2022, at 5:00 p.m., who shall cause the analysis to be published in the voter information guide along with the measure as provided by law. Section 11. Primary Arguments. The deadline to submit primary arguments for or against the measure is declared to be Monday, August 22, 2022, at 5:00 p.m. Each argument shall be filed with the Election Official, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. An argument may not exceed 300 words in length. The Council authorizes and designates all or any members of the Council to file a written argument in favor of the measure and any rebuttal to an argument against the measure. Other individual voters eligible to vote on the measure and/or associations of citizens may also sign the argument in favor of the measure and any rebuttal. Section 12. Rebuttal Arguments. Pursuant to Section 9285 of the Election Code, when the Election Official has selected the primary arguments for and against the measure which will be printed and distributed to the voters, the Election Official shall send copies of the primary argument in favor of the measure to the authors of the primary argument against, and copies of the primary argument against to the authors of the primary argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the Election Official not later than Thursday, September 1, 2022, at 5:00 p.m. Rebuttal arguments shall be printed in the same manner as the primary arguments. Each rebuttal argument shall immediately follow the primary argument which it seeks to rebut. Section 13. Effective Date. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED this 3rd day of August, 2022, by the following vote: AYES: Councilmembers Gregory, Ross and Carnevale; Mayor Pro Tem Lamb and Mayor Gutierrez NOES: None ABSENT: None ABSTAIN: None rnesto Gutierrez, Mayor �. 4 ATTEST: 4-kektPtid Fracey Rrmosillo, City Clerk APPROVED AS TO FORM: . e' . Eric S. Vail 5