This chapter provides a complete, additional and alternative method for doing the things authorized by this chapter and shall be regarded as supplemental and additional to the powers conferred by any other laws of the state of California. This chapter provides a means of forming local community facilities districts within the City of Santa Barbara, authorizing the levy of special taxes within such districts, authorizing the issuance of bonds, and financing the provision of public facilities and services within such districts pursuant to the authority the City of Santa Barbara holds over its municipal affairs under Article XI, Section V of the California Constitution and the Charter of the City.
(Ord. 4834, 1993)
The procedures for undertaking formation of a local community facilities district under this chapter (except as otherwise expressly provided in this chapter) shall be the procedures set forth in the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, beginning with Section 53311) and all other statutes of the State of California referred to therein or which refer to the Mello-Roos Community Facilities Act of 1982, as the same are in effect on the date of introduction of this chapter and as such statutes may hereafter be amended; provided, that any provision of general law of the State of California amended, revised or deleted pursuant to Section 4.70.030 of this chapter shall only be further amended, revised or deleted by an amendment, a revision or a deletion to this chapter made by the City Council. All of the provisions of said state statutes are incorporated in this chapter by this reference and made a part hereof. References in the Mello-Roos Community Facilities Act of 1982 to "this chapter" shall, when the provisions of that Act are being used as incorporated in this chapter of the Santa Barbara Municipal Code, be references to this chapter of the Santa Barbara Municipal Code.
(Ord. 4834, 1993)
A. 
Substantive revisions of the Mello-Roos Community Facilities Act. Certain provisions of the California Government Code, as incorporated by this chapter, are hereby revised or deleted, as follows:
1. 
Section 53317(a) of the California Government Code is amended to provide that "Clerk" means the City Clerk of the City of Santa Barbara.
2. 
Section 53317(f) of the California Government Code is amended to provide that "Landowner" or "owner of land" may include, when votes are apportioned based on maximum special tax, pursuant to Section 53326 (a) or (b) and when the resolution of intention so indicates, a "business tenant."
3. 
Section 53317(g) of the California Government Code is amended to provide that "Legislative body" means the City Council of the City of Santa Barbara.
4. 
Section 53317(h) of the California Government Code is amended to provide that "Local Agency" means the City of Santa Barbara.
5. 
Section 53317 of the California Government Code is amended to add a paragraph (k) which reads as follows:
(k) 
"Business tenant" means the owner or owners of a business located within a community facilities district formed or proposed to be formed pursuant to this chapter, where such owner or owners are not the owners of the real property where the business is located, and where: (1) the business owner and the property owner agree in writing that the business owner will be responsible for the payment of all or a portion of the special tax, should it be levied; or (2) the business owner can prove, by the terms of a lease or otherwise, that the obligation to pay any special tax levied pursuant to this chapter will fall in whole or in part upon such business owner or owners. A business owner shall be a business tenant only to the extent of the special tax burden on the business owner shown by such agreement or proof.
6. 
Section 53324 of the California Government Code is not incorporated in this chapter, and shall not be applicable to proceedings conducted hereunder.
7. 
Section 53326 of the California Government Code is amended to provide that:
a. 
The minimum time to election in paragraph (a) thereof is set at 60 days, rather than 90 days; and
b. 
When the legislative body so provides in the resolution of intention (Section 53321), the resolution of formation (Section 53325.1) and the resolution setting forth the proposed bonded indebtedness if any (Section 53351), then in any election held under paragraph (b) or paragraph (c) of Section 53326, each landowner shall have one vote for each dollar of the maximum proposed special tax (rounded to the nearest whole dollar) for which such landowner would be responsible if the taxes were levied at the maximum initial rates proposed in the resolution of formation. In situations in which the rate and method of apportionment of the special tax provides that the maximum tax rates of the various parcels will change significantly in proportion to each other over time, the City Council may select the maximum tax rates from other than the initial year as the basis for the assignment of votes, in order to best approximate fairness in the sole judgment of the City Council.
c. 
There is no requirement, under paragraph (b), that the Council determine that any facilities financed by the district are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring in the district.
8. 
Section 53327 of the California Government Code is amended to provide that:
a. 
No rebuttal arguments will be permitted; and
b. 
The City Council may appoint the canvassing board; and
c. 
The City Council may appoint the City Clerk as the official to conduct the election.
9. 
Section 53340 of the California Government Code is amended to provide that the City Council may in all cases act by resolution, and no ordinance shall be required.
10. 
Section 53364.2 of the California Government Code is not incorporated in this chapter and shall not be applicable to proceedings conducted hereunder.
(Ord. 4834, 1993; Ord. 4845, 1994)
A. 
Prior to the time the City Council calls an election under Govt. Code Section 53326(b), it shall have received a certification from an engineer, consultant, or member of City staff, based on information certified by the person to be correct or to be the best information reasonably available, setting forth the number of registered voters residing within the Local Community Facilities District as of any date within 90 days prior to the close of the public hearing.
B. 
Prior to the time the City Council calls an election under Govt. Code Section 53326(b) or (c), it shall have received a certification from an engineer, consultant, or member of City staff, based on information certified by the person to be correct or to be the best information reasonably available, setting forth the names and addresses of all owners of land within the Local Community Facilities District, the total number of acres owned by each such owner, and the number of votes each such owner is entitled to cast in accordance with this chapter. The Council may make changes or corrections to the certification if it has or receives better or more current information than that on which the certification was based.
C. 
In calling an election pursuant to Section 53326(b) or (c), the City Council shall designate the qualified electors and the number of votes each is entitled to cast in accordance with the certification described in subsection B above.
D. 
When an election is called pursuant to Section 53326(b) or (c), and it is proposed to issue bonds, the resolution setting forth the proposed bonded indebtedness (Govt. Code Section 53351) shall, in addition to the other requirements, specify a deadline for the receipt of ballot arguments by the elections official. Publication under Govt. Code Section 53352 need be accomplished only once, but it must appear in the newspaper at least 10 days prior to the deadline specified. If no bonds are proposed, the resolution calling the election shall be published in place of the resolution setting forth the bonded indebtedness, and shall include the deadline.
E. 
The deadline for submittal of ballot arguments shall be publicly announced by the Mayor or Mayor Pro Tem at the time of the adoption of the resolution calling the election.
F. 
The general law governing ballot arguments for city elections shall govern the length of arguments, any limitations on their content, and the procedures for signatures and verification. There shall be no rebuttal arguments.
G. 
The City Attorney shall be responsible for preparing the impartial analysis. It shall be delivered to the elections official at least 5 days before the deadline for receipt of ballot arguments, and shall be immediately available for inspection by the public in the office of the elections official.
H. 
If the election is to be conducted by mailed-ballot, and if the City Clerk is appointed as the elections official, the ballots, ballot pamphlets, and ballot and return envelopes may be prepared by photocopy or similar process, and no special paper or format is required.
I. 
In an election pursuant to Section 53326(b) or (c), each ballot may be cast only by a single individual. Where property is in the sole ownership of a single individual, that owner may cast the ballot for that property. In all other cases, a written appointment of an individual (or any one of a group of named individuals) to cast the ballot in respect of property, as described in subsection J or K below, shall be required. Each ballot shall contain a declaration under penalty of perjury under the laws of the State of California that the person executing the ballot is the sole owner of the property to which the votes are assigned, or has been duly appointed to cast the ballot. A ballot will not be counted if this declaration is not properly completed.
J. 
Where property is in the sole ownership of an individual, that owner may, and all other property owners must, by executing an appointment form approved in advance by the City Council, appoint an individual (or any one of a group of named individuals) to cast the ballot appertaining to their property. The appointment form shall contain a declaration, under penalty of perjury under the laws of the State of California, that the person(s) executing the appointment form is (are) the owner(s) of the property, or is (are) otherwise authorized to act in the premises, which authority must be described on the appointment form as part of the declaration under penalty of perjury. To be effective, the appointment form must be delivered to the elections official prior to or at the time of the delivery of the ballot.
K. 
Where the property is owned by a corporation, the appointment form may be executed by an authorized officer, or a certified corporate resolution specially making the appointment may substitute for the appointment form. Where the property is owned by a general partnership, any general partner may execute the appointment form. A limited partnership may act by its general partner. A trust may act by a trustee or trustees so authorized under the trust indenture. Where property is owned by more than one person or entity, one owner may, if authorized by the other owners, act for all in executing the appointment form. Otherwise, one owner may execute the appointment form for all of the owners in the absence of objection to the elections official before the closing of the election from any other owner. In that event, the description of authority under penalty of perjury must include the statement that the person executing the appointment form has contacted all of the other owners of the property (or made reasonable efforts to do so in which case those efforts shall be described as part of the declaration under penalty of perjury), and none of the other owners expressed any objection to the execution, by the declarant, of the appointment form.
L. 
In the event of objections from or disagreements between joint-owners of property, the elections official may cancel the ballot issued and issue new ballots in its stead, dividing the total number of votes from the original ballot as nearly as possible in accordance with the sizes of the various ownership interest represented by the joint-owners (except that in the absence of information provided by the owners or otherwise available to the elections official to enable this determination to be made, the elections official may conclusively presume that all ownership interests are equal).
M. 
If a ballot, as cast, shows an "X," check, or other mark in the space designated for a "YES" or "NO" vote, and nothing more, all of the votes eligible to be cast by that ballot shall be cast in accordance with the 'X," check or mark. If numbers are written in either the "YES" space or the "NO" space, or both, the votes shall be counted in accordance therewith, so long as the total of the numbers written does not exceed the number of votes to which that ballot is entitled.
N. 
The resolution calling the election shall specify a date and hour limitation for the receipt of executed ballots by the elections official which shall not be less than 14 days after the mailing of the ballots and ballot pamphlets. The date and hour shall also be printed on the ballots. Executed ballots must be physically received by the office of the elections official by the date and time in order to be counted. The time specified need not be 8:00 p.m. Immediately upon the date and time specified, the elections hall be closed.
O. 
If there has been a waiver of the time limits for the election pursuant to §53326(a), but not otherwise, the elections official shall, upon receipt of all the ballots, immediately declare the election closed.
P. 
After the election has been closed, the ballots shall be counted and the results reported to the City Council. In the event the City Clerk is the elections official, the clerk and any other two persons appointed by the Council or designated by the Clerk shall count the ballots. The elections official shall, as soon as possible, deliver the results of the count to the City Council. The elections official shall retain the ballots and appointment forms for at least 45 days after the election is closed.
Q. 
Upon receiving the report from the elections official, the City Council may, by resolution, declare the election results. The date of the election, for purposes of legal challenges or any other purpose, shall be the date when the election was closed.
(Ord. 4845, 1994)