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HomeMy WebLinkAboutResolution - 4020 Special Election Annex No. 15 CFD 2020-1Resolution No. 4020 j ]L111 RESOLUTION NO.4020 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. 15 TO CFD 2020-1 (TAX ZONE NO. 16)) 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. 4011, 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 1.30 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 Cleric 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 Page 1 of 7 Resolution No. 4020 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. 4020 to the Rates and Method of Apportionment of the Special Taxes, attached as Exhibit "C" to Resolution No. 4011. 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. 4011 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. 4020 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. 4011. (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. 4020 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: Jul' Spinoza, City Cleric APPROVED AS TO FORM: BEST BEST & KRIEGER, LLP Craig Hayes, City Attorney CITY OF 41 1 Page 5 of 7 Resolution No. 4020 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. 4020 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 2"d 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. JLOWEspinoza, City Clerk City of San Jacinto Page 6 of 7 Resolution No. 4020 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. 4011 be approved? YES frCi7 March 14, 2024 VIA OVERNIGHT COURIER LGI HOMES - CALIF Attn: Adrian Peters 495 E. Rincon Street, Suite 101 Corona, CA 92879 Re: Annexation of Territory to San Jacinto Community Facilities District No. 2020-1 Annexation No.14 (Tax Zone No.15), 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 April 2, 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 April 2, 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 April 2, 2024, meeting. In order to facilitate the election process and as a matter of convenience, we are enclosing herewith the Official Ballot for LGI HOME - CALIF, 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. 4009. 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 LGI HOMES - CALIF can complete the voting of the ballot and return it to the City Clerk in advance of the April 2, 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. 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 LGI HOMES - CALIF Page 2 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 April 2, 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 April 2, 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 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. 4009 be approved? YES IZIo7 CERTIFICATION I certify that I am the authorized representative of LGI HOMES - CALIF, 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 72.71 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. 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