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HomeMy WebLinkAboutResolution - 4052Resolution No. 4052 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) RESOLUTION NO.4052 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO CALLING SPECIAL ELECTION AND SUBMITTING TO THE QUALIFIED ELECTORS OF TERRITORY PROPOSED TO BE ANNEXED TO SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 THE QUESTION OF LEVYING SPECIAL TAXES WITHIN THAT TERRITORY (ANNEXATION NO. 16 TO CFD 2020-1 (TAX ZONE NO. 17)) WHEREAS, the City Council (the "City Council") of the City of San Jacinto (the "City") has heretofore conducted proceedings for the establishment of and has established San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California (the "District") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello -Roos Community Facilities Act of 1982," (the "Act") to annex territory to the District by complying with the procedures set forth in said Article 3.5; and WHEREAS, on October 15, 2024, the City Council adopted Resolution No. 4044, a resolution of intention to annex territory to the District pursuant to Section 53339.2 of the California Government Code, determining that the public convenience and necessity require that certain property, consisting of approximately 19.08 acres, be annexed to the District and containing all of the matters prescribed by Section 53339.3 of said Code, and fixing 6:30 p.m., or as soon thereafter as the matter may be heard, on November 19, 2024, in the San Jacinto Community Center, located at 625 S. Pico Avenue, San Jacinto, California, as the time and place for a hearing upon said resolution; and WHEREAS, pursuant to said resolution, the City Clerk has published and mailed notice of the time and place of said hearing as required by Section 53339.4 of said Code; and WHEREAS, on November 19, 2024, at the time and place of said hearing, the City Council afforded all interested persons for or against the annexation of said property to the District an opportunity to present testimony and to protest against the Page 1 of 6 Resolution No. 4052 proposed annexation of said property to the District, and no protests, either oral or in writing, were received; and WHEREAS, pursuant to Section 53339.7 of said Code, the City Council may now submit the question of levying a special tax within the territory proposed to be annexed to the District to the qualified electors within that territory. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City 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 proposed to be annexed to the District during the 90 days preceding the close of the public hearing held on November 19, 2024, and no persons are registered to vote therein; (iii) pursuant to Section 53326 of the Califomia 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 territory proposed to be annexed to the 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 said territory which would be subject to the proposed special taxes if they were levied at the time of the election; and (iv) pursuant to said Section 53326, the special election must be held at least 90 days, but not more than 180 days following the date of the adoption of this resolution, unless such time periods are waived with the unanimous waiver of the qualified electors. All of the qualified electors in the territory to be annexed waived the time limits and election formalities of the special election. Section 2. Special Election. A special election is called for and shall be held on November 19, 2024, for the purpose of submitting to the qualified electors of the territory proposed to be annexed to the District the question of whether special taxes shall annually be levied within said territory to pay the costs of (a) the maintenance of landscaped areas, parkways and medians improvements throughout the District and public rights -of -way, 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 streetlights, traffic signals and appurtenant 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, the costs associated with the determination of the amount of and levy and collection of special ril taxes which will be levied to provide the services, and costs otherwise incurred in order Page 2 of 6 Resolution No. 4052 to carry out the authorized purposes of the District pursuant to the Rates and Method of Apportionment of the Special Taxes, attached as Exhibit "C" to Resolution No. 4044. Section 3. Ballot Proposition. The proposition to be submitted on November 19, 2024, to the qualified electors of the territory proposed to be annexed to the District shall be as follows: Proposition A Shall Proposition A authorizing the annual levy of special taxes on taxable property in the territory proposed to be annexed to San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California, to pay the costs of services to be provided for (a) the maintenance of landscaped areas, parkways and medians improvements throughout the District and public rights -of - way, 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 streetlights, traffic signals and appurtenant 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 to pay costs associated with the determination of the amount of and the levy and collection of the special taxes at the special tax rates as set forth in Exhibit "C" to Resolution No. 4044 be approved? Section 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk (the "City Clerk") pursuant to the provisions of the California Elections Code governing elections of cities, and 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 said election shall be as follows: (a) Pursuant to Section 53326 of the California Government Code, ballots for the 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 aforementioned provisions of the California Elections Code governing the conduct of mail ballot elections, including in particular Division 4 (commencing with Section 4000) of said Code, 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 Page 3 of 6 Resolution No. 4052 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. 4044. (c) The official ballot to be mailed 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 proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner -voter's land ownership within the District. (d) The return identification envelope delivered by the City Clerk to each landowner -voter shall have printed or typed thereon the following: the name of the landowner, the address of the landowner, 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, the printed name and signature of the voter, the address of the voter, the date of signing and place of execution of said declaration, and a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The information -to -voter form to be mailed 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 o'clock p.m. on the date of the election. (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 election, and shall file a statement with the City Council as to the results of such canvass and the election on the proposition set forth in the official ballot. Page 4 of 6 Resolution No. 4052 L Ll PASSED, APPROVED, and ADOPTED this 191h day of November 2024 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: Ruiz, Ledezma, None Vandever None is Espinoza, City Clerk APPROVED AS TO FORM: Craig Hayes, City Attorney Hawkins, Ayala CITY OF SAN JACINTO: Ll Phil A la, yor Page 5 of 6 Resolution No. 4052 CERTIFICATION STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss CITY OF SAN JACINTO } I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 4052 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 19th day of November 2024. AYES: Ruiz, Ledezma, Hawkins, Ayala NAYS: None ABSENT: Vandever ABSTAIN: None WITNESS MY HAND AND OFFICIAL SEAL this 191" day of November 2024. J ' Espinoza, City Clerk City of San Jacinto Page 6 of 6 Resolution No. 4052 EXHIBIT "A" OFFICIAL BALLOT SPECIAL ELECTION FOR CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA November 19, 2024 To vote, mark a cross (+ or X) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of San Jacinto and obtain another. PROPOSITION A: Shall Proposition A authorizing the annual levy of special taxes on taxable property in the territory proposed to be annexed to San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California, to pay the costs of services to be provided for (a) the maintenance of landscaped areas, parkways and medians improvements throughout the District and public rights -of -way, 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 streetlights, traffic signals and appurtenant 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 to pay costs associated with the determination of the amount of and the levy and collection of the special taxes at the special tax rates as set forth in Exhibit "C" to Resolution No. 4044 be approved? YES NO USiI October 30, 2024 VIA OVERNIGHT COURIER FORESTAR (USA) REAL ESTATE GROUP, INC Attn: Brian Konderik 2221 E. Lamar Blvd, Ste 790 Arlington, TX 76006 Re: Annexation of Territory to San Jacinto Community Facilities District No. 2020-1 Annexation No. 16 (Tax Zone No. 17), Election Materials Dear Property Owner: The City of San Jacinto is conducting proceedings for the annexation of territory to the above - referenced Community Facilities District. At its meeting on November 19, 2024, commencing at 6:30 p.m., the City Council will conduct a public hearing regarding the annexation of the property to the Community Facilities District. Immediately following that hearing, the City Council will adopt a resolution calling and scheduling a special election on November 19, 2024, with respect to the annual levy of special taxes to be levied on taxable parcels within the area proposed to be annexed. That resolution will instruct the City Clerk to deliver an official ballot and other election documents to the landowner - voter for the property. That would necessitate the City Clerk delivering the ballot and other election materials to the landowner -voter at that time and the landowner -voter voting and returning its ballot immediately thereafter. It is intended that the election will be completed and the City Council will adopt a resolution declaring the results of the election at the November 19, 2024, meeting. In order to facilitate the election process and as a matter of convenience, we are enclosing herewith the Official Ballot for FORESTAR (USA) REAL ESTATE GROUP, INC, together with the following election documents: (a) Ballot Pamphlet and Instructions to Voter, (b) a Sample Ballot (which is identical to the Official Ballot), (c) an official return envelope for returning the voted ballot to the City Clerk and (d) a copy of Resolution No. 4044. Attached to this resolution as Exhibit "C" is a copy of the Rate and Method of Apportionment of Special Tax for the Community Facilities District. We are mailing this ballot and documents so that you or another representative of FORESTAR (USA) REAL ESTATE GROUP, INC can complete the voting of the ballot and return it to the City Clerk in advance of the November 19, 2024, meeting. Please read the following instructions regarding the voting of the Official Ballot carefully, so that we will not have any mistakes which might necessitate holding the election again. FORESTAR (USA) REAL ESTATE GROUP, INC Page 2 If you wish to proceed with the annexation of your property to the Community Facilities District, the Official Ballot should be voted by an authorized officer by placing a cross (+ or X) in the voting square after the word "YES" opposite the proposition set forth in the ballot. Thereafter, the authorized officer should complete as necessary, date and sign the certification which is attached as the last sheet to the Official Ballot. As a matter of convenience, we have predated the certification as of November 19, 2024, as that is the date that should be inserted therein. Please do not make any changes or additions to the ballot. After the authorized officer has voted the ballot and completed and signed the certification, the voted ballot should be enclosed in the official return envelope which is attached to the ballot and enclosed with this letter and returned to the City Clerk of the City of San Jacinto prior to 5:00 p.m. on November 19, 2024. Note that the certification on the back of the envelope must also be completed as indicated and signed. Please note that we cannot accept a facsimile of the Official Ballot. Please feel free to call NBS at (800) 676-7516 if you have any questions concerning how to vote and return the ballot. Sincerely, City Clerk of the City of San Jacinto OFFICIAL BALLOT SPECIAL ELECTION FOR CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA November 19, 2024 To vote, mark a cross (+ or X) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of San Jacinto and obtain another. PROPOSITION A: Shall Proposition A authorizing the annual levy of special taxes on taxable property in the territory proposed to be annexed to San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California, to pay the costs of services to be provided for (a) the maintenance of landscaped areas, parkways and medians improvements throughout the District and public rights -of - way, 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 streetlights, traffic signals and appurtenant 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 to pay costs associated with the determination of the amount of and the levy and collection of the special taxes at the special tax rates as set forth in Exhibit "C" to Resolution No. 4044 be approved? YES X NO CERTIFICATION I certify that I am the authorized representative of FORESTAR (USA) REAL ESTATE GROUP, INC, the owner of property to be annexed and included within the boundaries of San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California (the "Owner") and that I am authorized to vote the Official Ballot to which this certification is attached. I further certify that in voting said ballot it was my intent, as well as the intent of the Owner, to vote all votes to which the Owner is entitled on Proposition A set forth in said ballot as marked in the voting square opposite such proposition. I further certify that the Owner is the owner of approximately 19.08 acres of land proposed to be included within said community facilities district, and that in voting said ballot I intended to vote each vote to which such acreage would entitle the Owner in the manner marked on said ballot. I certify that this certification was executed on , .-4Ar ,'�!'20;y. at �y ! FORESTAR (USA) R AL ESTATE ROUPWE , By. Man Konderik Region President Its. Forester (USA) Real Estate GmuR`. Page 2 of 2 WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO LANDOWNER -VOTER ELECTION ON LEVY OF TAXES WITHIN TERRITORY TO BE ANNEXED TO SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 ANNEXATION NO. 16 (TAX ZONE NO. 17) The undersigned, on behalf of FORESTAR (USA) REAL ESTATE GROUP, INC, (the "Owner"), hereby certifies to the City of San Jacinto (the "City") as follows: 1. The undersigned is authorized and possesses all authority necessary to execute this waiver on behalf of the Owner and to vote on behalf of the Owner in the special election to be held within the territory proposed to be annexed to San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California (the "Community Facilities District"). 2. The Owner is the owner of the land proposed to be annexed to the Community Facilities District, consisting of 19.08 acres, identified in Exhibit "A" attached hereto and incorporated herein by reference (the "Territory"). 3. The Owner received mailed notice of the public hearing to be held by the City Council of the City (the "City Council") regarding the annexation of the Territory to the Community Facilities District, the levy of special taxes within the Territory to pay the costs of (a) the maintenance of landscaped areas, parkways and medians improvements throughout the Community Facilities District and public rights - of -way, 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 Community Facilities District; and (b) the maintenance and servicing of street lights, traffic signals and appurtenant 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 (the "Services"); and the costs associated with the determination of the amount of and levy and collection of special taxes which will be levied to provide the services and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District (the "Incidental Costs"). 4. The Owner has received necessary and relevant information from the City regarding the annexation of the Territory to the Community Facilities District, and the City has made available to the Owner adequate opportunity to obtain such information. The Owner has received a copy of Resolution No. 4044 of the City Council, with all exhibits attached thereto, including Exhibit "C", the "Rate and Method of Apportionment of the Special Tax." The undersigned is informed and understands that in order for the Territory to be annexed to the Community Facilities District and for the City Council to thereafter annually levy special taxes therein to pay the costs of the Services and the Incidental Costs, it is necessary that a special election be held within the Territory on the proposition of whether the City shall levy special taxes on taxable property within the Community Facilities District to pay the costs of the Services and the Incidental Costs, and that two-thirds of the votes cast upon such question must be in favor thereof. 6. The undersigned is further informed and understands that pursuant to Section 53326 of the California Government Code elections on such a proposition must be held at the next general -1- election or in a special election to be held at least 90 days but not more than 180 days following the close of the public hearing on November 19, 2024, unless such time limits are waived with the unanimous consent of the qualified electors of the Territory and the concurrence of the City Clerk. The Owner desires that the time limit for conducting said election set forth in said Section 53326 be waived, and that said election be held as soon as possible and not later than November 19, 2024. 7. The Owner waives the time limits set forth in Section 53326 of the California Government Code with respect to said election and consents to the holding of said election on any date on or after November 19, 2024, which is acceptable to the City Clerk. The Owner further consents to the holding of said election less than 10 days after the mailing or delivery of a sample ballot to the Owner and without compliance with other formal requirements of the California Elections Code. 8. The Owner waives the publication and mailing by the City Clerk to the Owner of a notice of said election and a sample ballot pursuant to Sections 4101 and 4102 of the Elections Code, and compliance with other applicable notice requirements of the California Elections Code. 9. The Owner further waives an impartial analysis by the City Attorney on the ballot measure to be contained in the Official Ballot for said election pursuant to Section 9280 of the California Elections Code, and further waives ballot arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of the California Elections Code. The Owner also waives compliance with and the mailing to the Owner by the City of a statement pursuant to Section 9401 of the California Elections Code. 10. California Election Code Section 13119 requires that any ballot measure imposing a tax or raising the rate of a tax include a statement of the measure, which among other things requires the City to state the amount of money to be raised annually and duration of the tax to be levied. Owner expressly waives any requirements to include a statement as required by Election Code Section 13119 and hereby acknowledges that Owner has previously received information regarding the annual Special Tax levy and duration of the Special Tax. 11. The Owner further waives mailing of the official ballot by the tenth (loth) day before the date of said election pursuant to Section 4101 of the Elections Code and receipt of a ballot pamphlet as required by Section 3023 of the California Elections Code, and consents to the City Clerk delivering to the Owner the official ballot to be voted on its behalf on any date prior to the date of said election. 12. The undersigned hereby represents that compliance with the procedural requirements for conducting said election, includingthe receipt of ballot arguments and the time limitations which apply in connection with scheduling of and mailing notices for said election are unnecessary in light of the fact that the Owner has received sufficient information regarding the annexation of the Territoryto the Community Facilities District and the levy of the special taxes within the Territory to pay the costs of providing the Services and the Incidental Costs to enable the Owner to properly vote the Official Ballot for such election on the proposition mentioned in paragraph 5 above. -2- The undersigned certifies that th or goingand that executed this document on T I , 20V at 1 b 1 !:'. Cam"0. 4 o3p AP,A0 E1);efAL ESTAT �ROUPa C By: Brian Konderlk Its: Region Preaklant Forestar (USA) Real Estate Group, Inc. -3. EXHIBIT "A" PROPERTY LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN JACINTO, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: APN(s): 436-490-011 A-1 :lilllilll�l�l�ll�l{���ll�l��l�.li�l�lllll�lll�llllilll�� Land Owner FORESTAR (USA) REAL ESTATE GROUP, INC Attn: Brian Konderik 2221 E. Lamar Blvd, Ste 790 Arlington, TX 76006 TD: I hereby declare under penalty of perjury that the voter listed on the enclosed ballot and on this identification envelope is the owner of record or the authorized representative of the land owner entitled to vote said ballot. Executed on m20L Pin the City of State of AM FOR )qZftATE OU ,INC By: Its: Region President Forester (USA) Real Estate Group, Inc. VJ U LL CITY OF�SAN JACINTO CITY CLERK "Uv 12 2024 CITY OF SAN JACINTO "11DING 1[ p SAFETYDIVjS10N S95 S. SAN JACINTO AVE, BUILDING A SAN JACINTO, CA 92583 Attention: This envelope contains an official ballot and is to be opened only by the canvassing board with respect to the City of San Jacinto Community Facilities District No. 2020-1, Annexation No. 16 Special Tax Election to be held on November 19, 2024. US MSTAGE... PITNEY SM ZIP szas�� 02 7H $ 001.51 0001291086