HomeMy WebLinkAboutResolution - 4014 Annex No. 69 CFD 2003-1Resolution No. 4014
RESOLUTION NO.4014
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. 69
RESOLVED by the City Council (the "Council") of the City of San Jacinto (the
"City"), County of Riverside, State of California, that:
WHEREAS, on February 20, 2024, the Council adopted Resolution No. 4008
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. 69"), stating the services to be provided, and the rate and method of
special tax to be levied within the Annexation No. 69 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. 69;
and
WHEREAS, at such hearing all interested persons desiring to be heard on all
matters pertaining to the Annexation No. 69 to the CFD and the levy of special taxes
within the Annexation No. 69 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,
Page 1 of 6
Resolution No. 4014
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. 69 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. 69 have been duly
considered and are hereby determined to be valid and in conformity with the Act,
and the CFD has been validly established pursuant to the Act.
SECTION 3. Prior Resolution. The provisions of the Resolution of Intention to
Annex previously adopted by the Council for the CFD are by reference
incorporated herein.
SECTION 4. Boundaries. The boundaries of the territory to be annexed to the
CFD, as described in Annexation Map No. 69, is on file with the City Clerk and
heretofore recorded in the Riverside County Recorder's Office on February 26,
2024, in Book 92 at Page 82 of Maps of Assessment and Community Facilities
Districts, Instrument No. 2024-0051763, 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. 69, and (ii) the levy of special taxes within the
Annexation No. 69 shall be submitted to the qualified electors of the Annexation
No. 69 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. 69 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.
69.
Page 2 of 6
Resolution No. 4014
I
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 the 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. 69 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.
Page 3 of 6
Resolution No. 4014
PASSED, APPROVED, and ADOPTED this 2"d day of April 2024 by the following vote:
AYES: Ledezma, Vandever, Hawkins, Ayala
NAYS: None
ABSENT: Ruiz
ABSTAIN: None
ATTEST:
City I rk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
Craig Hayes, City Attorney
J
Page 4 of 6
Resolution No. 4014
Li
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. 4014 was passed, approved, and adopted at the
Regular Meeting of the San Jacinto City Council held on the 2nd day of April 2024.
AYES: Ledezma, Vandever, Hawkins, Ayala
NAYS: None
ABSENT: Ruiz
ABSTAIN: None
WITNESS MY HAND AND OFFICIAL SEAL this 2"d day of April 2024.
.A�
'JulikAspinoza, City Clerk
City of San Jacinto
Page 5 of 6
Resolution No. 4014
EXHIBIT A
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 69
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, April 2, 2024, 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 $210,414.96 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.
Shall the measure pursuant to which the City of San
Jacinto, by and for its Community Facilities District No.
2003-1, shall be authorized to levy special taxes within
the territory annexed to Community Facilities District YES:
No. 2003-1 pursuant to and as described in the
Resolution of the City Council of the City of San
Jacinto of Annexation of Territory to Community NO:
Facilities District, Authorizing the Levy of Special Tax
and Submitting Levy Of Tax to Qualified Electors,
approved by the City Council on April 2, 2024 be
adopted?
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 any requirement for analysis and arguments
with respect to the ballot measure, as such waivers are described and permitted by Section
53326(a) and 53327(b) of the California Government Code.
Number of Votes: 73
Property Owner: LGI HOMES - CALIF
By:
0 Title:
Page 6 of 6
CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO.2003-1
ANNEXATION NO.69
OFFICIAL BALLOT
ANNEXATION ELECTION
(April 2, 2024)
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, April 2, 2024, 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 $210,414.96 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.
Shall the measure pursuant to which the City of San Jacinto,
by and for its Community Facilities District No. 2003-1, shall
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 YES:
Council of the City of San Jacinto of Annexation of Territory NO:
to Community Facilities District, Authorizing the Levy of
Special Tax and Submitting Levy Of Tax to Qualified Electors,
approved by the City Council on April 2, 2024 be adopted?
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 any requirement for analysis and arguments with
respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and
53327(b) of the California Government Code.
Number of Votes: 73
Property Owner: LGI HOMES - CALIF
Title: __ of
INSTRUCTION LETTER TO QUALIFIED ELECTORS
RE: Letter of Instructions for Special Tax Election —April 2, 2024
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 69
On February 20, 2024, the City Council of the City of San Jacinto adopted a Resolution 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").
In the Resolution of Intention to Annex, the City Council declared its intention to annex territory into Community
Facilities District No. 2003-1 (the "CFD") to pay for police protection, and fire protection and suppression
services, as further identified in the Resolution of Intention to Annex, and the Resolution of Intention to Annex
identified a proposed special tax to be levied on real property to be included in the CFD to pay for costs of the
services.
In the Resolution of Intention to Annex, the City Council provided that the levy of the special tax will be
subject to a mailed ballot election among the owners of land in the territory to be annexed into the CFD. You
have been identified as a person that owns land in the territory proposed to be annexed and are thereby
entitled to vote in the Special Tax Election. Pursuant to Section 53326 of the Mello -Roos Community Facilities
Act of 1982, each landowner, or their authorized representative, shall have one vote for each acre or portion
thereof such landowner owns in the annexation territory as of the close of the public hearing. The total acreage
for your portion of land is approximately 72.71 acres, representing seventy-three (73) votes in the Special Tax
Election. The total number of votes for the Special Tax Election is seventy-three (73).
Enclosed with this letter in connection with the Special Tax Election are the following:
1. Official Ballot, and
2. Official Return Envelope.
In order to have your ballot count in the Special Tax Election, you must (a) mark the "Yes" or "No" line
on the Official Ballot, (b) insert the Official Ballot in the Official Return Envelope and seal the envelope, (c) and
execute the declaration on the Official Return Envelope on the lines indicated. Please return the executed
Official Return Envelope with the Official Ballot inside to the City Clerk of the City of San Jacinto at the address
indicated on the Official Return Envelope no later than 5:00 p.m. on Tuesday, April 2, 2024.
You may return the Official Return Envelope and Official Ballot by personal delivery to the City Clerk's
Office, or by first-class mail, but only an Official Return Envelope and Official Ballot properly executed and
received by the City Clerk by 5:00 p.m. on April 2, 2024, will be counted for purposes of the Special Tax Election.
A postmark date is not acceptable.
If you wrongly mark, tear, or deface the Official Ballot or Official Return Envelope, return them to the
City Clerk and obtain another. The City Clerk's office is located at 595 S. San Jacinto Avenue, Building A, San
Jacinto, California, 92583.
City Clerk
City of San Jacinto
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