HomeMy WebLinkAbout2019-310RESOLUTION NO. 2019-310
A RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 1)
WHEREAS, the Mayor and City Council (the "City Council') of the City of San
Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be
annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No.
2019-1") of the City of San Bernardino, 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 November 6, 2019, and submitting to the qualified
electors of the territory to be annexed to the CFD No. 2019-1 the question 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 as provided in the form of special election ballot; and
WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated
November 6, 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(s) 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, this 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. Recitals. This Council finds and determines that the foregoing recitals are true
and correct.
Section 2. Ballot Measure. This Council hereby finds, determines and declares that the
ballot measure submitted to the qualified electors of the territory to be annexed to CFD No.
2019-1 has been passed and approved by those qualified electors in accordance with Sections
53328 and 53329 of the Government Code.
Resolution No. 2019-310
Section 3. Annexation. This Council hereby finds, determines and declares that 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 CFD No. 2019-1 with full
legal effect, and the City Council is also authorized, pursuant to said Section 53339.8, to
annually levy special taxes within the territory to be annexed to pay the costs of the services to
be provided by the CFD No. 2019-1 as specified in Resolution No. 2019-281 adopted by the City
Council on September 4, 2019. The boundaries of the territory annexed are shown on the map
entitled, "Annexation Map No. 1 Community Facilities District No. 2019-1 (Maintenance
Services)" a copy of which was recorded, on September 11, 2019, in Book 88 of Maps of
Assessment and Community Facilities Districts at Page 98, in the office of the San Bernardino
County Recorder.
Section 4. Notice of Special Tax Lien. 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 San Bernardino an amendment of the notice of
special tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the
annexed territory.
Section 5. Effect. This resolution shall take effect from and after its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 6th day of November, 2019. n
r N
John Valdivia, Mayor
City of San Bernardino
Attest:
Georgeann Hika, MMC, Clyy Clerk
Approved as to form:
Gary D. Saenz, City Attorney
Resolution No. 2019-310
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. 2019-310, adopted at a regular meeting held at the 6th day of November, 2019 by
the following vote:
Council Members:
AYES NAYS ABSTAIN ABSENT
SANCHEZ
xr
1BARRA
x
FIGUEROA
x
SHORETT
X
NICKEL
X
RICHARD
MULVIHILL
X
WITNESS my hand and official seal of the City of San Bernardino this 6a` day of November
2019.
Georgeann Wanna, MMC; . ity Clerk