HomeMy WebLinkAboutResolution - 388424438.02015\34201106.1
STATE OF CALIFORNIA ) RESOLUTION NO. 3884
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO DECLARING THE RESULTS OF THE
SPECIAL ELECTION FOR SAN JACINTO COMMUNITY
FACILITIES DISTRICT NO. 2020-1 ON THE PROPOSITION
OF THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE
TERRITORY PROPOSED TO BE ANNEXED TO SAID
COMMUNITY FACILITIES DISTRICT TO PAY THE COSTS
OF CERTAIN SERVICES TO BE PROVIDED BY THE
COMMUNITY FACILITIES DISTRICT, DETERMINING THAT
THE TERRITORY PROPOSED TO BE ANNEXED IS
ADDED TO AND PART OF SAID COMMUNITY FACILITIES
DISTRICT WITH FULL LEGAL EFFECT, AND ORDERING
THE RECORDING OF A MAP OF THE BOUNDARIES OF
SAID COMMUNITY FACILITIES DISTRICT INCLUDING
THE TERRITORY ANNEXED THERETO (ANNEXATION
NO. 3 TO CFD 2020-1 (TAX ZONE NO. 4))
WHEREAS, the City Council (the “City Council”) of the City of San Jacinto
(the “City”) has heretofore conducted proceedings for the annexation of approximately
14.24 acres of land to San Jacinto Community Facilities District No. 2020-1, County of
Riverside, State of California (the “District”) including conducting a public hearing
pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the City Council
adopted a resolution calling a special election for October 5, 2021, and submitting to the
qualified electors of the territory to be annexed to the District the question of levying
special taxes within that territory to pay the costs of (a) the maintenance of landscaped
areas, parkways and medians improvements throughout the District and public right-of-
ways, including, but not limited to, street trees, fencing, irrigation systems, sidewalks,
drainage systems, graffiti removal, replacement, furnishing of water, electric current or
energy, gas, or other illuminating agent for the operation of any improvement within the
District; and (b) the maintenance and servicing of street lights, traffic signals and
appurtenance facilities, including, but not limited to, furnishing of electric current ,
materials, contracted services, and the necessary maintenance, replacement, and repair
required to keep the improvements in operational and satisfactory condition; and (c) any
other services authorized under the Mello-Roos Community Facilities Act of 1982; and
the costs associated with the determination of the amount of and levy and collection o f
special taxes which will be levied to provide the services and costs otherwise incurred in
order to carry out the authorized purposes of the District (the "Election Resolution"); and
WHEREAS, the City Council has received a statement from the City Clerk
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(the "City Clerk"), who pursuant to the Election Resolution was authorized to conduct
such special election and act as the election official therefor, with respect to the canvass
of the ballots returned in and the results of said special election, certifyi ng that at least
two-thirds of the votes cast upon the proposition submitted to the qualified electors in said
special election were in favor of such proposition.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the
City Council of the City of San Jacinto, as follows:
Section 1. Recitals. The above recitals are true and correct and are
hereby incorporated into this resolution.
Section 2. Findings. The City Council finds that: (i) there are no
registered voters residing within the territory proposed to be annexed to the District (the
"Territory") at the time of the close of the public hearing on October 5, 2021, and pursuant
to Section 53326 of the Government Code, the vote in said special election was,
therefore, to be by the landowners owning land within the Territory, with each landowner
having one vote for each acre or portion thereof of land that he or she owned within the
Territory; (ii) pursuant to said Section 53326 and the Election Resolution, the City Clerk
caused to be delivered an official ballot for the special election to the owner of the land
within the Territory, with return postage prepaid; (iii) said special election has been
properly conducted in accordance with all statutory requirements and the provisions of
the Election Resolution; (iv) pursuant to said Section 53326, Aries Land, LLC, the owner
of all the land within the Territory, was entitled to fifteen (15) votes; (v) said landowner
returned its ballot to the City Clerk prior to the time set by the City Clerk for the close of
the election on October 5, 2021; (vi) the ballot returned to the City Clerk by said landowner
voted all votes of said landowner in favor of the proposition set forth therein; (vii) at least
two-thirds of the votes cast in such special election on said proposition were in favor
thereof, and pursuant to Sections 53328 and 53329 of the Government Code, said
proposition carried; (ix) pursuant to Section 53339.8 of the Government Code, the City
Council is authorized to determine that the Territory to be annexed has been added to
and become a part of the District with full legal effect; and (x) the City Council is also
authorized, pursuant to said Section 53339.8, to annually levy special taxes within the
Territory to pay the costs of the services to be provided by the District.
Section 3. Declaration of Results. At least two-thirds of the votes voted
in the special election on the proposition of the annual levy of special taxes within the
Territory to pay the costs of the services to be provided by the District were voted in favor
thereof, and such proposition carried.
Section 4. Annexation. The Territory is annexed and added to and is a
part of the District with full legal effect, and the City Council shall annually levy special
taxes within the Territory at the rates as specified in Resolution No. 3878 adopted by the
City Council on August 17, 2021, to pay costs of certain services to be provided by the
District. The boundaries of the Territory are shown on the map entitled, “Annexation Map
No. 3, Community Facilities District No. 2020-1 (Tax Zone No. 4) of the City of San
Jacinto, County of Riverside, State of California,” which was recorded on September 2,
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2021 in the office of the County Recorder of the County of Riverside as Document No.
2021-0526279.
Section 5. Notice. Pursuant to Section 53339.8 of the Government Code
and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be
filed with the County Recorder of the County of Riverside an amendment of the notice of
special tax lien and a map of the amended boundaries of the District incl uding the
Territory.
PASSED, APPROVED, and ADOPTED this 5th day of October, 2021.
AYES: Ayala, Hawkins, Ledezma, Ruiz
NAYS: None
ABSENT: None
ABSTAIN: None
CITY OF SAN JACINTO
_______________________________
Alonso Ledezma, Mayor
ATTEST:
__________________________
Julia Espinoza, Deputy City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
__________________________
Michael J. Maurer, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
CERTIFICATION
I, Julia Espinoza, Deputy City Clerk of the City of San Jacinto, DO HEREBY
CERTIFY that the foregoing Resolution No. 3884 was regularly passed, approved, and
adopted by the Regular Meeting of the San Jacinto City Council held on the 5th of
October, 2021:
AYES: Ayala, Hawkins, Ledezma, Ruiz
NAYS: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND AND OFFICIAL SEAL this 5th day of October, 2021.
________________________________
Julia Espinoza, Deputy City Clerk
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