HomeMy WebLinkAboutItem No. 13- (Correct Resolution) RES. 2021-41 Declaring Results of Consolidated Special Elections Within Community Facilities District 2019-1 (Annex. No. 7)Resolution No. 2021-41
Resolution No. 2021-41
March 3, 2021
Page 1 of 4
RESOLUTION NO. 2021-41 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. 7)
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 March 3, 2021, 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
March 3, 2021, 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;
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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.
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.
Resolution No. 2021-41
Resolution No. 2021-41
March 3, 2021
Page 2 of 4
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. 2021-17 adopted
by the City Council on January 20, 2021. The boundaries of the territory annexed are shown on
the map entitled, "Annexation Map No. 7 Community Facilities District No. 2019-1
(Maintenance Services)" a copy of which was recorded, on February 3, 2021, in Book 89 of
Maps of Assessment and Community Facilities Districts at Page 48, 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. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 3rd day of March, 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Resolution No. 2021-41
Resolution No. 2021-41
March 3, 2021
Page 3 of 4
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2021-41
Resolution No. 2021-41
March 3, 2021
Page 4 of 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-41, adopted at a regular meeting held on the 3rd day of March, 2021 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 4th day of March, 2021.
Genoveva Rocha, CMC, City Clerk