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HomeMy WebLinkAbout8723RESOLUTION NO.8723 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS DECLARING THE RESULTS OF THE SPECIAL ELECTION FOR COMMUNITY FACILITIES DISTRICT NO. 2004-1 OF THE CITY OF REDLANDS 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 TAKING OTHER RELATED ACTIONS THERETO (ANNEXATION NO.28) WHEREAS, the City Council (the "City Council") of the City of Redlands (the "City") has heretofore conducted proceedings for the annexation of approximately 37.87 acres of land (the "Territory") to Community Facilities District No. 2004-1 of the City of Redlands, County of San Bernardino, State of California (the "Community Facilities District"), including conducting a public hearing pursuant to 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," and specifically 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 October 7, 2025 and submitting to the qualified electors of the Territory to be annexed to the Community Facilities District the question of levying special taxes within that Territory to pay the costs of the maintenance of landscaping within the Community Facilities District, including but not limited to, parkways, open space areas, citrus groves, firebreaks, medians and street trees and the associated maintenance of bushes, shrubs and ground cover; and, maintenance of, including but not limited to, street trees and landscaping within the street right-of-way adjacent to Tract Map No. 20473, and any other public services authorized by the Mello -Roos Community Facilities Act of 1982, in the area of the Territory and the Community Facilities District and 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 Community Facilities District (the "Election Resolution"); and WHEREAS, the City Council has received a statement from the City Clerk (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 ballot returned and the results of said special election, certifying that at least two-thirds of the votes cast upon the 1 C\Resolutions\Res 8700-8799\8723- Declaring Results of Special Election Annex 28.docx-wm 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 REDLANDS AS FOLLOWS: Section 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct and are incorporated herein by this reference; (ii) there were no registered voters residing within the Territory at the time of the close of the public hearing on October 7, 2025, 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; (iii) pursuant to said Section 53326 and the Election Resolution, the City Clerk caused to be delivered an official ballot for the special election to each owner of the land within the Territory, with return postage prepaid; (iv) said special election has been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution; (v) pursuant to said Section 53326, 1 L LB Buy 2, LLC and Tri Pointe Homes IE-SD, Inc., the owners of all the land within the Territory, were entitled to a total of thirty-eight (38) votes; (vi) said landowners returned their ballots to the City Clerk prior to the time set by the City Clerk for the close of the election on October 7, 2025; (vii) the ballots returned to the City Clerk by said landowners voted all votes of said landowner in favor of the proposition set forth therein; (viii) 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 Community Facilities District with full legal effect; and (x) the City Council is also authorized, pursuant 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 Community Facilities District. Section 2. 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 Community Facilities District were voted in favor thereof, and such proposition carried. Section 3. Annexation. The Territory is annexed and added to and is a part of the Community Facilities District with full legal effect, and the City Council shall annually levy special taxes within the Territory at the rates specified in Resolution No. 8712 adopted by the City Council on September 2, 2025, to pay costs of certain services to be provided by the Community Facilities District. The boundaries of the Territory are shown on the map entitled, "Annexation Map No. 28, Community Facilities District No. 2004-1 of the City of Redlands, San Bernardino County, State of California," which was recorded on September 4, 2025, at Page 58 of Book 92 of 2- 17942.00056\44160530.1 Maps of Assessment and Community Facilities Districts, in the office of the County Recorder of the County of San Bernardino as Document No. 2025-0231945. Section 4. 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 to the notice of special tax lien. Section 5. This Resolution shall become effective immediately upon its adoption. ADOPTED this 7th day of October 2025. Mario Saucedo, Mayor ATTEST: J 7e Donaldson, City Clerk 3- 17942.00056\44160530.1 I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing resolution was regularly adopted by the City Council of said City at a regular meeting of said Council duly held on the 7th day of October, 2025 by the following vote: AYES: Councilmembers Barich, Tejeda, Davis, Shaw; Mayor Saucedo NOES: None ABSENT: None ABSTAIN: None J&Aie Donaldson, City Clerk 17942.00056\44160530.1