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HomeMy WebLinkAboutResolution - 3898 STATE OF CALIFORNIA ) RESOLUTION NO. 3898 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING THE RESULTS OF THE SPECIAL ELECTION FOR SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 ON THE PROPOSITION OF THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE TERRITORY PROPOSED TO BE ANNEXED TO SAID COMMUNITY FACILITIES DISTRICT TO PAY THE COSTS OF CERTAIN SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT, DETERMINING THAT THE TERRITORY PROPOSED TO BE ANNEXED IS ADDED TO AND PART OF SAID COMMUNITY FACILITIES DISTRICT WITH FULL LEGAL EFFECT, AND ORDERING THE RECORDING OF A MAP OF THE BOUNDARIES OF SAID COMMUNITY FACILITIES DISTRICT INCLUDING THE TERRITORY ANNEXED THERETO (ANNEXATION NO. 4 TO CFD 2020-1 (TAX ZONE NO. 5)) WHEREAS, the City Council (the “City Council”) of the City of San Jacinto (the “City”) has heretofore conducted proceedings for the annexation of approximately 0.65 acres of land to San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California (the “District”) including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for January 4, 2022, and submitting to the qualified electors of the territory to be annexed to the District the question of levying special taxes within that territory to pay the costs of (a) the maintenance of landscaped areas, parkways and medians improvements throughout the District and public right-of- ways, 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 street lights, traffic signals and appurtenance 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 the costs associated with the determination of the amount of and levy and collection o f 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 (the "Election Resolution"); and WHEREAS, the City Council has received a statement from the City Clerk DocuSign Envelope ID: 0B396D87-7AB7-4E24-A9BC-8D49B7700E36 -2- (the "City Clerk"), who pursuant to the Election Resolution was authorized to conduct such special election and act as the election official therefor, with respect to the canvass of the ballots returned in and the results of said special election, certifyi ng that at least two-thirds of the votes cast upon the proposition submitted to the qualified electors in said special election were in favor of such proposition. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, as follows: Section 1. Recitals. The above recitals are true and correct and are hereby incorporated into this resolution. Section 2. Findings. The City Council finds that: (i) there are no registered voters residing within the territory proposed to be annexed to the District (the "Territory") at the time of the close of the public hearing on January 4, 2022, and pursuant to Section 53326 of the Government Code, the vote in said special election was, therefore, to be by the landowners owning land within the Territory, with each landowner having one vote for each acre or portion thereof of land that he or she owned within the Territory; (ii) pursuant to said Section 53326 and the Election Resolution, the City Clerk caused to be delivered an official ballot for the special election to the owner of the land within the Territory, with return postage prepaid; (iii) said special election has been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution; (iv) pursuant to said Section 53326, Majdi Rahman, the owner of all the land within the Territory, was entitled to one (1) vote; (v) said landowner returned its ballot to the City Clerk prior to the time set by the City Clerk for the close of the election on January 4, 2022; (vi) the ballot returned to the City Clerk by said landowner voted all votes of said landowner in favor of the proposition set forth therein; (vii) at least two-thirds of the votes cast in such special election on said proposition were in favor thereof, and pursuant to Sections 53328 and 53329 of the Government Code, said proposition carried; (ix) pursuant to Section 53339.8 of the Government Code, the City Council is authorized to determine that the Territory to be annexed has been added to and become a part of the District with full legal effect; and (x) the City Council is also authorized, pursua nt to said Section 53339.8, to annually levy special taxes within the Territory to pay the costs of the services to be provided by the District. Section 3. Declaration of Results. At least two-thirds of the votes voted in the special election on the proposition of the annual levy of special taxes within the Territory to pay the costs of the services to be provided by the District were voted in favor thereof, and such proposition carried. Section 4. Annexation. The Territory is annexed and added to and is a part of the District with full legal effect, and the City Council shall annually levy special taxes within the Territory at the rates as specified in Resolution No. 3890 adopted by the City Council on November 16, 2021, to pay costs of certain services to be provided by the District. The boundaries of the Territory are shown on the map entitled , “Annexation Map No. 4, Community Facilities District No. 2020-1 (Tax Zone No. 5) of the City of San Jacinto, County of Riverside, State of California,” which was recorded on November 24th, DocuSign Envelope ID: 0B396D87-7AB7-4E24-A9BC-8D49B7700E36 -3- 2021, in the office of the County Recorder of the County of Riverside as Document No. 2021-0700333. Section 5. Notice. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of Riverside an amendment of the notice of special tax lien and a map of the amended boundaries of the District including the Territory. PASSED, APPROVED, and ADOPTED this 4th day of January, 2022. AYES: Ruiz, Heath, Hawkins, Ledezma NAYS: None ABSENT: Ayala ABSTAIN: None CITY OF SAN JACINTO _______________________________ Crystal Ruiz, Mayor ATTEST: __________________________ Julia Espinoza, Deputy City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP __________________________ Michael J. Maurer, City Attorney DocuSign Envelope ID: 0B396D87-7AB7-4E24-A9BC-8D49B7700E36 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) CERTIFICATION I, Julia Espinoza, Deputy City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3898 was regularly passed, approved, and adopted by the Regular Meeting of the San Jacinto City Council held on the 4th of January 2022: AYES: Ruiz, Heath, Hawkins, Ledezma NAYS: None ABSENT: Ayala ABSTAIN: None WITNESS MY HAND AND OFFICIAL SEAL this 4th day of January, 2022. ________________________________ Julia Espinoza, Deputy City Clerk DocuSign Envelope ID: 0B396D87-7AB7-4E24-A9BC-8D49B7700E36