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HomeMy WebLinkAboutResolution - 3929Resolution No. 3929 Page 1 of 8 RESOLUTION NO. 3929 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN J ACINTO 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. 5 TO CFD 2020-1 (TAX ZONE NO. 6)) 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 May 17, 2022, the City Council adopted Resolution No. 3913, 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 2.28 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 June 21, 2022, 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 DocuSign Envelope ID: C9817E12-BE53-460E-89C4-3839DEA08C95 Resolution No. 3929 -2- WHEREAS, on June 21, 2022, 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 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 June 21, 2022, and no persons are registered to vote therein; (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 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 June 21, 2022, 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, irriga tion 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 DocuSign Envelope ID: C9817E12-BE53-460E-89C4-3839DEA08C95 Resolution No. 3929 -3- 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 taxes which will be levied to provide the services, and costs otherwise incurred in order 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. 3913. Section 3. Ballot Proposition. The proposition to be submitted on June 21, 2022, 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 right s-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. 3913 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 DocuSign Envelope ID: C9817E12-BE53-460E-89C4-3839DEA08C95 Resolution No. 3929 -4- 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 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. 3913. (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: DocuSign Envelope ID: C9817E12-BE53-460E-89C4-3839DEA08C95 Resolution No. 3929 -5- 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. PASSED, APPROVED, and ADOPTED this 21st day of June 2022 by the following vote: DocuSign Envelope ID: C9817E12-BE53-460E-89C4-3839DEA08C95 Resolution No. 3929 -6- AYES: Ledezma, Hawkins, Heath, Ruiz NAYS: None ABSENT: Ayala ABSTAIN: None CITY OF SAN JACINTO: ________________________________ Crystal Ruiz, Mayor ATTEST: City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP Michael J. Maurer, City Attorney DocuSign Envelope ID: C9817E12-BE53-460E-89C4-3839DEA08C95 Resolution No. 3929 Page 7 of 8 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. 3929 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 21st day of June 2022. AYES: Ledezma, Hawkins, Heath, Ruiz NAYS: None ABSENT: Ayala ABSTAIN: None WITNESS MY HAND AND OFFICIAL SEAL this 21st day of June, 2022. ________________________________ Julia Espinoza, City Clerk DocuSign Envelope ID: C9817E12-BE53-460E-89C4-3839DEA08C95 Resolution No. 3929 EXHIBIT "A" OFFICIAL BALLOT SPECIAL ELECTION FOR CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA June 21, 2022 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. 3913 be approved? Y YES x N NO DocuSign Envelope ID: C9817E12-BE53-460E-89C4-3839DEA08C95