HomeMy WebLinkAboutResolution - 3808' • i • i i i, i::
WHEREAS, pursuant to Section 53325.1 of the California Government Code, the
City Council (the "City Council') of the City of San Jacinto ("the City") has adopted a
resolution establishing San Jacinto Community Facilities District No. 2020-1 (the
"Community Facilities District") and the boundaries thereof; and
WHEREAS, pursuant to Section 53326 of said Code, it is necessary that the City
Council submit to the voters of the Community Facilities District the annual levy of
special taxes on the property within the Community Facilities District to pay the costs of
providing the services described in Resolution No. 3797, the resolution of intention with
respect to the formation of the Community Facilities District ("Resolution No. 3797");
and
WHEREAS, pursuant to Section 53325.7 of said Code, the City Council may also
submit to the voters of the Community Facilities District a proposition with respect to
establishing an appropriations limit for the Community Facilities District;
i; i i t- - r • • •- -•
Council of the City of San Jacinto, as follows:
Section 1. Findings. The City Council finds that: (i) the foregoing recitals are
correct; (ii) less than 12 persons have been registered to vote within the territory of the
Community Facilities District during the 90 days preceding the close of the public
hearing on June 16, 2017; (iii) pursuant to Section 53326 of the California Government
Code, as a result of the findings set forth in clause (ii) above, the vote in the special
election called by this resolution shall be by the landowners of the Community Facilities
District whose property would be subject to the special taxes if they were levied at the
time of the election, and each landowner shall have one vote for each acre, or portion
thereof, which he or she owns within the Community Facilities District which would be
subject to the proposed special taxes if they were levied at the time of the election; (iv)
MW Vantage 1, LLC, a California limited liability company, and SJ San Jacinto LLC, a
California limited liability company, the owners of all of the land in the Community
Facilities District, have by written consent (a) waived the time limits set forth in said
Section 53326 for holding the election called by this resolution, (b) consented to the
holding of said election on June 16, 2020, (c) waived notice and mailed notice of the
time and date of said election, (d) waived an impartial analysis by the City Attorney of
the ballot propositions pursuant to Section 9280 of the California Elections Code and
arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of said
Code; and (v) the City Clerk of the City has consented to the holding of said election on
June 16, 2020.
Section 2. Call of Election. The City Council hereby calls and schedules a
special election for June 16, 2020 on the proposition with respect to the annual levy of
special taxes within the Community Facilities District for paying the cost of the services
to be provided within and for the benefit of the Community Facilities District and on the
proposition with respect to establishing an appropriations limit for the Community
Facilities District.
Section 3. Propositions. The propositions to be submitted to the voters of the
Community Facilities District at such special election shall be as follows:
Shall San Jacinto Community Facilities District No. 2020-1, subject to the
accountability measures required pursuant to Government Code Section
50075.1, levy a special tax throughout San Jacinto Community Facilities District
No. 2020-1 pursuant to the Rate and Method of Apportionment attached as
Exhibit A to this ballot for the purposes of financing the services described in
Exhibit B to this ballot?
Shall San Jacinto Community Facilities District No. 2020-1 establish an
Article XIIIB appropriations limit equal to $120,000?
Section 4. Conduct of Election. Except as otherwise provided in Section 5
hereof, said election shall be conducted by the City Clerk of the City pursuant to the
California Elections Code governing mail ballot elections of cities, and in particular, the
provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they
may be applicable.
Section 5. Election Procedures. The procedures to be followed in conducting the
special election on (i) the levy of Special Taxes to pay the annual costs of the Services,
and (ii) establishing an appropriations limit for the community facilities district to the
qualified electors of the community facilities district (the "Special Election") shall be as
follows:
(a) Pursuant to said Section 53326 of the California Government Code,
ballots for the special election shall be distributed to the qualified electors by the
City Clerk by mail with return postage prepaid, or by personal service.
(b) Pursuant to applicable sections of the California Elections Code
governing the conduct of mail ballot elections of cities, and specifically Division 4
(commencing with Section 4000) of the California Elections Code with respect to
elections conducted by mail, the City Clerk shall mail or deliver to each qualified
elector an official ballot in the form attached hereto as Exhibit 'A," and shall also
mail or deliver to all such qualified electors a ballot pamphlet and instructions to
voter, including a sample ballot identical in form to the official ballot but identified
as a sample ballot, a return identification envelope with prepaid postage thereon
addressed to the City Clerk for the return of voted official ballots, and a copy of
Resolution No. 3797; provided, however, that such statement, analysis and
arguments may be waived with the unanimous consent of all the landowners.
(c) The official ballot to be mailed or delivered by the City Clerk to each
landowner -voter shall have printed or typed thereon the name of the landowner -
voter and the number of votes to be voted by the landowner -voter and shall have
appended to it a certification to be signed by the person voting the official ballot
which shall certify that the person signing the certification is the person who
voted the official ballot, and if the landowner -voter is other than a natural person,
that he or she is an officer of or other person affiliated with the landowner -voter
entitled to vote such official ballot, that he or she has been authorized to vote
such official ballot on behalf of the landowner -voter, that in voting such official
ballot it was his or her intent, as well as the intent of the landowner -voter, to vote
all votes to which the landowner -voter is entitled based on its land ownership on
the propositions set forth in the official ballot as marked thereon in the voting
square opposite each such proposition, and further certifying as to the acreage of
the landowner -voter's land ownership within the Community Facilities District.
(d) The return identification envelope mailed or delivered by the City
Clerk to each landowner -voter shall have printed or typed thereon the following:
(i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration
under penalty of perjury stating that the voter is the landowner or the authorized
representative of the landowner entitled to vote the enclosed ballot and is the
person whose name appears on the identification envelope, (iv) the printed name
and signature of the voter, (v) the address of the voter, (vi) the date of signing
and place of execution of said declaration, and (vii) a notice that the envelope
contains an official ballot and is to be opened only by the City Clerk.
(e) The instruction to voter form to be mailed or delivered by the City
Clerk to the landowner -voters shall inform them that the official ballots shall be
returned to the City Clerk properly voted as provided thereon and with the
certification appended thereto properly completed and signed in the sealed return
identification envelope with the certification thereon completed and signed and all
other information to be inserted thereon properly inserted by 5:00 p.m. on June
16, 2020.
(f) Upon receipt of the return identification envelopes which are
returned prior to the voting deadline on the date of the election, the City Clerk
shall canvass the votes cast in the special election, and shall file a statement with
the City Council as to the results of such canvass and the election on each
proposition set forth in the official ballot.
Section 6. Effect. This resolution shall take effect immediately upon its passage.
51 FIRM ONFIN 1111
AYES: Kotyuk, Ruiz, Ledezma, Lopez, Utz
NAYS: None
ABSENT: None
ABSTAIN: None
RIOOWTWTT39��
Andrew Kotyuk, Mayor
FA*�
iUsp oza, Records Clerk
BEST BEST )& KRIEGER, LLP
Ml-c—haell. -Maurer l, City Attorney
NI 11 • 2PYT-1-0 M-1-10"I I Z a
1, Julia Espinoza, Records Clerk of the City of San Jacinto, DO HEREBY
CERTIFY that the foregoing Resolution No. 3808 was passed, approved, and adopted
at the Regular Meeting of the San Jacinto City Council held on the 16th day of June,
2020
AYES: Kotyuk, Ruiz, Ledezma, Lopez, Utz
NAYS: None
ABSENT: None
ABSTAIN: None
A �� C�-
Julh Espinoza, Records Clerk
City San Jacinto
EXHIBIT "A"
OFFICIAL BALLOT
SPECIAL ELECTION FOR
SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1
June 16, 2020
To vote on any measure, fill in the voting square before the word "YES" or before the
word "NO" following each proposition. If you tear or deface this ballot, call Mrunal Shah
at (951) 666-1450 to obtain a replacement ballot.
Shall Proposition A authorizing the levy of a special tax throughout the
San Jacinto Community Facilities District No. 2020-1 pursuant to the Rate
and Method of Apportionment attached as Exhibit A to this ballot for the
purposes of financing the services described in Exhibit B to this ballot and
subject to the accountability measures required pursuant to Government
Code Section 50075.1 be adopted?
❑ YES
❑ NO
Shall Proposition B establishing an Article XIIIB appropriations limit equal
to $120,000 for the San Jacinto Community Facilities District No. 2020-1
be adopted?
❑ YES
❑ NO
MEASURESPROPOSITION A IS SUBJECT TO WiE ACCOWITABILITY
B; SECTION 50075.1 OF