HomeMy WebLinkAbout2019-179Resolution No. 2019-179
RESOLUTION NO. 2019-179
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING ELECTION
RESULTS FOR COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, on July 17, 2019, at the time set for the public hearing in the matter of Community
Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1") by the Resolution of
Intention adopted by this City Council (this "Council") on June 5, 2019, the public hearing was
conducted, and at the close of the public hearing, this Council determined that a majority protest
under Section 53324 of the Government Code was not made at the hearing; and
WHEREAS, at the conclusion of the public hearing, the Council adopted its resolution of
formation (the "Resolution of Formation") pursuant to Section 53325.1 of the Government Code,
thereby completing its proceedings for formation of CFD No. 2019-1; and
WHEREAS, in order to proceed with the levy of the special tax to provide specified types of
services, and establish an appropriations limitation for CFD No. 2019-1 in the amount of special
taxes collected, as provided by the Resolution of Formation, the matters must be submitted to an
election of the qualified electors of CFD No. 2019-1; and
WHEREAS, the Resolution of Formation called the special mailed -ballot election for this date
of July 17, 2019; and
WHEREAS, the questions of whether to levy the special tax and set the appropriations limit at
the amount of special taxes collected was provided in a single ballot measure pursuant to Section
53353.5 of the Government Code, as provided in the form of special election ballot attached to
the Resolution of Formation as Exhibit C; and
WHEREAS, a Certificate of Election Results, dated July 17, 2019, executed by the City Clerk
(or, in the absence of the City Clerk, the Acting City Clerk — in either case, the "Clerk"), has
been filed with this Council, certifying that a completed ballot has been returned to the Clerk for
each landowner -voter eligible to cast a ballot in said special election, with all votes cast as "Yes"
votes in favor of the ballot measure, and further certifying on said basis that the special mailed -
ballot election was closed; and
WHEREAS, the Council has received, reviewed and hereby accepts the Clerk's Certificate of
Election Results and wishes by this resolution to declare the results of the special mailed -ballot
election;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SAN BERNARDINO:
Section 1. The Council finds and determines that the foregoing recitals are true and correct.
Resolution No. 2019-179
Section 2. The Council hereby finds, determines and declares that the ballot measure
submitted to the qualified electors of CFD No. 2019-1 has been passed and approved by those
qualified electors in accordance with Section 53328(a) of the Government Code.
Section 3. This Council hereby authorizes and directs the Clerk to cause the preparation and
recordation with the County Recorder of the County of San Bernardino of a notice of special tax
lien in accordance with the provisions of Section 3114.5 of the Streets and Highways Code and
Section 53328.3 of the Government Code. Said notice shall be recorded in said County
Recorder's office within fifteen days of today's date.
Section 4. This resolution shall take effect from and after its adoption.
APPROVED and ADOPTED by the
by the City Clerk this 17t` day of July 2019.
Attest:
Georgearo anna, MMC, City Clerk
Approved as to form:
Gary D. Saenz, City Attorney
Resolution No. 2019-179
cil np signed bythe Mayor and attested
a
Sohn Valdivia, Mayor
City of San Bernardino
Resolution No. 2019-179
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-179 adopted at a regular meeting held on the 176' day of July 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _
MARRA
FIGUEROA
SHORETT Y
NICKEL Y
RICHARD
MULVIHILL_
WITNESS my hand and official seal of the City of San Bernardino this 17"' day of July 2019.
f I
Georgeann anxia, MMC, &y Clerk
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case
may be, hereby certify:
In connection with the special mailed -ballot election called by the City Council
(the "City Councils) of the City of San Bernardino (the City") on this same date in the
proceedings of the City Council for the above -entitled community facilities district, I personally
received (a) signed and dated waiver and consent forms and (b) signed, dated and marked
election ballots on behalf of the property owners, the entities named as the sole landowners of
the lands within the boundary of the above -entitled community facilities district in the Certificate
Regarding Registered Voters and Landowners, dated June 2019 and on file in the office of
the City Clerk of the -City in connection with the City Council actions on that date. Copies of the
completed waiver and consent form and the completed ballot received by me and on file in my
office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons
present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify
the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast 'Yes", in
favor of the ballot measure, the measure has therefore passed.
Qualified
Landowner Votes Votes Cast YES NO
7
I declare under penalty of perjury under the haws of the State o California that
the foregoing is true and correct and that this declaration is executed on "P4e ,r
2019.
Georgeann Hanna, MMC
City Clerk
City of San Bernardino
By.Ll
f
(Attach completed copies of Waiver/Consent and Ballot)
PEI WN TO THE CRIT COUNCIL OF THE CITY OF Sew BERNARDINO
REQUESTING CREATION OF A COBENIiY FACK [ES DISTRICT OF PROPERTY
WRMN THE CRY OF SAN MRNARDW0 AND A WAIVER WM RESPECTS TO
CERTAIN PROCEDURAL MATTERS UNDER THE NELL04WW COIIOIIAUNITY
FACILITIES ACT OF 1982 AND CONS13MNO TO THE LEVY OF SPECIAL TAXES
THEREON TO PAY THE COttli'S OF SERVICES TO SE PROVIDED BY THE
COVMUN ITY FACRJTES DISTRICT
1. The undersigned requmbthat the City Count of the City of San Bemanflno, tn8iate
acrd conduct pnoceedngs pnuwrant b the Mdo-Row Community Fadlitles Act of 1982 the •Act'}
(Gone went Code Section 53311 et seq.), for the creation of a Corm mly Fades MMct No. 20111.5 (the
Cor wily Fades District°) of the property desalbed below and consents to the annual levy of special
taws on such properly to pay the costs of services to be prodded by the con u nky facilities district
2 The undersigned requests that the camas *facilities district provide any services
M ane permitted underthe Ad trucking. but not to. all nea smy service, operations, adnunbbdm
and maintenance required to Imp the landscape fighting, street lighting, traffic signals, flood control facilities,
ground oa+rer, scrubs, pb* and trees, btation syderns, PM removal, sidearadrs and masonry walls,
fenckV entry mawmenta, tot lot equipment and a=xMed appurtenant faetltties within the district in a
healthy, vigoroce and sa iacl ory wai®rg candtiion.
3. the nmdethafgrhed hereby certifies that as of the date indicated oWasb its signew %
it is the owner of all to pgwrtrAMfiin the proposed boundaries of the Commudy Facilities District as
described in Exhibit Ahereb and as shown an the map Ehdrflbtt 8 hereto.
4. The undersigned requests that a sperm election be held underthe Act to a ftfte
the special faeces for the proposed oomrmmky tam dtstrt The undersigned waives any requirement for
the mailing of the ballot for tare special elecft and e)P`V001y agrees that said election may be eondicted by
mailed or hand -del mad ballot to be returned asquicldy as possible 1b the dasignoied elect official, being
Me office of the City Clerk and the undersigned request that the results of said electlon be canvassed and
reported to the City Councl at the starts mesiing Of the Cfly Cenci as the pubflc heaang on the aeadion of
the Corrbrrwityy Fadities DkM or at the nod available me**.
5. Pursuant to Sections 53328(a) and 5=(b) of the Act, the undersigned wpm*
waives all applicable trrafting periods for the elation cited wainresthe reqftrnentfiorarhalysis end arguments
ndating b the special election. and consmis to not having such matedala provided b the landwmw in the
balot packet, and expressly waives army re*6arnents as to the fan of 1 he ballot The undersigned epressiy
waives all notice naquinerawk relating b hearings and special eleclions (except for published nofroes
required byftAct), and requirenwris am found in the Calflomia Elections Mode, the Cali!Wla
Govenr a t Code or other laws or procedures, including but not Grnited to any notice provided for by
compllia m with the provisions of Section 4101 of the Calttomla Elections Cale.
6. The undersigned tnemby corwri s to and expresslywataes any and all dalms based
on any imsgulanly, error, r6kinke ar departure from the pmvisions of the Act or otther Wa of the State in the
conduct of the eletd on to form the Commcrnily Faalides DWrK and no step or action in any p meederg
Mill" to tt>e election b create the Cornnwnfly Facilites District of the portion of the ink area of
A*Mkdgmat ftearl Property fa be badu W mb Cm w* Faai m Dtsittot ldo...__
The drAhmilIpiopedyowm of (Tract Na I Asea wWo Farrah NQniso t ows- ow f v
If Ufa MndicVng. dYi and IdVft P&M, "WDM" OM ft Co MUft
FadUft OMW No. N anis: of (Jln noft Pa -r l Noo
41y2 -Oh- 'if _, *ft is in be induced in ft Cnm* ftoWn f3 m t No.
Of ft MY of Serb &nff m are oomplelad Pdw b ft levy and colectbn of
qmM tmrss upon pope* wft said Ud for Ilfe lneifdsrferfoIII of such and
kp=mvmkft deNebperA OPAJ ownarml corfta to be mgw&le for and will nwirhkatrh
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a 1, 11rerfoe arses at b sale slrpenm and llfa Cly A not emupe
for tin ry 11d, m, of such 11 11mill 9 ftraM ligtft and #jWjp pubb
impr mm* wdif such *m ae ft CrW b alb lb afta ach gaW bw to pay Ufa mals of
the mdnim me of such bWbw#rFg, alrakmge, left end e%ft pudlle fru.
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SIgner Is RoprftwTUng:
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CW4 National Nobly Awdollon a www.NdcrdPfftyoM - 14MO-US NOTARY (14047aaM R&m#SW
777 East Riafto Avenue. San Bernardino, CA 92415 1 Phone: 909.387.8344 Fax: 909.387.2022
eSAN BERNARDINO
June 24, 2019
Spicer Consulting Group
41619 Margarita Rd, Suite 101
Temecula, CA 92591
Attention: Shane Spicer
To Whom it May Concern:
paw
Registrar of Voters Re-c0sWX Vakn
On June 11, 2019, the San Bernardino County Registrar of Voters received a request to
provide the number of registered voters residing within the City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services).
After examining the voter registration records within this area, the Registrar of Voters
certifies the following information as of June 14, 2019:
Registered voters within the area: 0
An invoice for services rendered for this request is enclosed.
ff you have any questions, please contact the Registrar of Voters at (909) 387-8300.
Sincerely.
Melissa Eickman
Public Information Manager
MEAN
Enclosure