HomeMy WebLinkAboutResolution - 4018 Special Election-Annex No 14 CFD 2020-1Resolution No. 4018
RESOLUTION NO.4018
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO )
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. 14 TO CFD 2020-1
(TAX ZONE NO. 15))
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 February 20, 2024, the City Council adopted Resolution
No. 4009, 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 72.71 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
April 2, 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 April 2, 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
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Resolution No. 4018
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 April 2, 2024, 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 April 2, 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 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
Page 2 of 7
Resolution No. 4018
to the Rates and Method of Apportionment of the Special Taxes, attached as Exhibit "C"
to Resolution No_ 4009.
Section 3. Ballot Proposition. The proposition to be submitted on April
2, 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. 4009 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 7
Resolution No. 4018
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. 4009.
(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 7
Resolution No. 4018
PASSED, APPROVED, and ADOPTED this 2nd day of April 2024, by the following vote:
AYES: Ledezma, Vandever, Hawkins, Ayala
NAYS: None
ABSENT: Ruiz
ABSTAIN: None
ATTEST:
Ju Espinoza, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
Craig Hayes, City Attorney
Page 5 of 7
Resolution No. 4018
Ca3=1.tII;ILofc,%d101ZI
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO j
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY
that the foregoing Resolution No. 4018 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.
I' Espinoza, City Clerk
of San Jacinto
Page 6 of 7
Resolutions No. 4018
EXHIBIT "A"
OFFICIAL BALLOT
SPECIAL ELECTION FOR CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
April 2, 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)
Page 7 of 7
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. 4009 be
approved?
YES
OFFICIAL BALLOT
SPECIAL ELECTION FOR CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO.2020-1
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
April 2, 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. 4011 be
approved?
YES
NO
CERTIFICATION
I certify that I am the authorized representative of DMSD CAJUN PROP, 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 1.30 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 31 20 at
I,GC,b
DMSD CAJUN PROP
By:
Its: R A W A&1 IL
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