HomeMy WebLinkAboutResolution - 3989Resolution No. 3989
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RESOLUTION NO. 3989
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF SAN JACINTO,
AUTHORIZING THE ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2003-1,
AUTHORIZING THE LEVY OF A SPECIAL TAX AND
SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED
ELECTORS
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 65
RESOLVED by the City Council (the “Council”) of the City of San Jacinto (the
“City”), County of Riverside, State of California, that:
WHEREAS, on June 6, 2023, the Council adopted Resolution No. 3973 entitled “A
Resolution of the City Council of San Jacinto Declaring its Intention to Annex Territory into
Community Facilities District No. 2003-1 and to Authorize the Levy of Special Taxes
Therein” (the “Resolution of Intention to Annex”), stating its intention to annex certain
territory into Community Facilities District No. 2003 -1 (the “CFD”) pursuant to the Mello
Roos Community Facilities Act of 1982, Section 53311, and following of the California
Government Code (the “Act”); and
WHEREAS, a copy of the Resolution of Intention to Annex, incorporating a
description and map of the proposed boundaries of the annexation territory (the
“Annexation No. 65”), stating the services to be provided, and the rate and method of
special tax to be levied within the Annexation No. 65 to pay for the services, is on file with
the City Clerk, and the provisions thereof are fully incorporated herein by reference; and
WHEREAS, on the date hereof, the Council held a noticed public hearing as
required by the Act and the Resolution of Intention to Annex relative to the proposed
annexation of territory to the CFD and the levy of special taxes in the Annexation No. 65;
and
WHEREAS, at such hearing all interested persons desiring to be heard on all
matters pertaining to the Annexation No. 65 to the CFD and the levy of special taxes
within the Annexation No. 65 were heard and a full and fair hearing was held; and
WHEREAS, prior to the time fixed for the hearing, written protests have not been
filed against the proposed annexation of territory to the CFD by (i) 50% or more of the
registered voters, or six registered voters, whichever is more, residing in the existing CFD;
or (ii) 50% or more of the registered voters, or six registered voters, whichever is more,
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residing in the territory proposed to be annexed; or (iii) owners of one-half or more of the
area of land in the existing CFD; or (iv) owners of one-half or more of the area of land in
the territory proposed to be annexed.
WHEREAS, the annexation map of Annexation No. 65 has been filed with the
County Recorder of Riverside County, which map shows the territory to be annexed in
these proceedings, and a copy of the map is on file with the City Clerk.
NOW, THEREFORE, it is hereby RESOLVED, DETERMINED AND ORDERED
by the City Council of the City of San Jacinto as follows:
SECTION 1. Recitals. The foregoing recitals are true and correct.
SECTION 2. Prior Proceedings. All prior proceedings taken by this Council with
respect to the CFD and the proposed Annexation No. 65 have been duly
considered and are hereby determined to be valid an in conformity with the Act,
and the CFD has been validly established pursuant to the Act.
SECTION 3. Prior Resolution. The provision of the Resolution of Intention to
Annex previously adopted by the Council for the CFD are by referenced
incorporated herein.
SECTION 4. Boundaries. The boundaries of the territory to be annexed to the
CFD, as described in Annexation Map No. 65, is on file with the City Clerk and
heretofore recorded in the Riverside County Recorder’s Office on June 23, 2023, in
Book 91 at Page 48 of Maps of Assessment and Community Facilities Districts,
Instrument No. 2023-0179989, is hereby approved, and incorporated herein by this
reference, and shall be included within the boundaries of the CFD, and said
territory is hereby ordered annexed to the CFD, subject to voter approval of the
levy of special taxes therein as provided.
SECTION 5. Election. Pursuant to the provision of the Act, the propositions of (i)
the annexation of the Annexation No. 65, and (ii) the levy of special taxes within the
Annexation No. 65 shall be submitted to the qualified electors of the Annexation
No. 65 at an election called therefore as hereinafter provided.
SECTION 6. Electors Determined. The Council hereby finds that fewer than 12
persons have been registered to vote within the territory proposed to be annexed
for each of the 90 days preceding the close of the hearing heretofore conducted
and concluded by the Council for the purpose of these annexation proceedings .
Accordingly, and pursuant to Section 53326 of the Act, the Council finds that for
purposes of these proceedings the qualified electors are the landowners within the
Annexation No. 65 and that the vote shall be by said landowners, each having one
vote for each acre or portion thereof such landowner owns in the Annexation No.
65.
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SECTION 7. Applicable Laws. Pursuant to the Act, the election shall be conducted
by mailed ballot under Section 4000 of the California Elections Code, provided,
however, that for the purposes of setting the date for the election, Sections 53326
and 53327 of the Act shall govern.
SECTION 8. Special Election Called. This Council hereby calls a special election
to consider the measure described in the ballot referred to in Exhibit A hereto,
which form is hereby approved. The special election shall be held in the meeting
room of the Council immediately following adoption of this Resolution. The Council
hereby further finds that the provision of the Act requiring a minimum of 90 days to
elapse before said election is for the protection of the voters, and the voters have
been fully apprised of and have agreed to the shortened time for the election and
waiver of ballot measure analysis and arguments, and will have thereby been fully
protected in these proceedings. This Council also finds and determines that the
City Clerk has concurred in the shortened time for the election.
SECTION 9. Election Official. The City Clerk is hereby designated as the official to
conduct said election. It is hereby acknowledged that the City Clerk has on file the
Resolution of Intention to Annex, a certified map of the proposed boundaries of the
territory to be annexed to the CFD, and a sufficient description to allow the City
Clerk to determine the boundaries of the territory to be annexed to the CFD. The
voted ballot shall be returned to the City Clerk no later then immediately following
the adoption of this Resolution, and when the qualified elector has voted the
election shall be closed. This Council acknowledges that the City Clerk has caused
to be delivered to the sole qualified elector of Annexation No. 65 a ballot in the form
set forth in Exhibit A hereto. The ballot indicated the numbers of votes to be voted
by the landowner, and was accompanied by all supplies and written instructions for
the use and return of the ballot.
SECTION 10. Effective. This resolution shall take effect upon its adoption.
PASSED, APPROVED, and ADOPTED this 18th day of July 2023 by the following vote:
AYES: Ruiz, Hawkins, Vandever, Ledezma
NAYS: None
ABSENT: Ayala
ABSTAIN: None
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CITY OF SAN JACINTO:
________________________________
Alonso Ledezma, Mayor
ATTEST:
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER, LLP.
______________________________
Craig Hayes, City Attorney
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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. 3989 was passed, approved, and
adopted at the Regular Meeting of the San Jacinto City Council held on the 18th
day of July 2023.
AYES: Ruiz, Hawkins, Vandever, Ledezma
NAYS: None
ABSENT: Ayala
ABSTAIN: None
WITNESS MY HAND AND OFFICIAL SEAL this 18th day of July, 2023.
________________________________
Julia Espinoza, City Clerk
City of San Jacinto
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EXHIBIT A
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 65
OFFICIAL BALLOT
SPECIAL TAX ANNEXATION ELECTION
This ballot is for a special, landowner election. You must return this ballot in the
enclosed postage paid envelope to the office of the City Clerk of the City of San Jacinto
no later than 5:00 p.m. on Tuesday, July 18, 2023, either by mail or in person. The City
Clerk’s office is located at 595 S. San Jacinto Avenue, Building A, San Jacinto,
California, 92583.
To vote, mark a cross (X) on the voting line 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.
The amount of money to be raised annually by the levy of the special tax on the
property to be annexed to Community Facilities District No. 2003 -1 is $22,816 in
2023/24 dollars and the rate and duration of the tax to be levied is as set forth in the rate
and method of apportionment of special tax for Community Facilities District No. 2003 -1.
By execution in the space provided below, you also confirm your written waiver of
the time limit pertaining to the conduct of the election and a ny requirement for analysis
and arguments with respect to the ballot measure, as such waivers are described and
Shall the measure pursuant to which the City of
San Jacinto, by and for its Community Facilities
District No. 2003-1, be authorized to levy special
taxes within the territory annexed to Community
Facilities District No. 2003-1 pursuant to and as
described in the Resolution of the City Council of
the City of San Jacinto, Authorizing the Annexation
of Territory to Community Facilities District 2003-1,
Authorizing the Levy of a Special Tax and
Submitting the Levy of Special Tax to Qualified
Electors, approved by the City Council on July 18,
2023, be adopted?
YES:
NO:
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permitted by Section 53326(a) and 53327(b) of the California Government Code.
Number of Votes: 6
Property Owner: MV 34664
By:
Title:
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