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AGENDA
CITY COUNCIL – REGULAR MEETING
TUESDAY, JANUARY 5, 2021
6:30 PM OPEN SESSION
PUBLIC TELECONFERENCE NUMBER
(951) 465-7684, Conference ID #:141 661 099#
LIVE STREAM LINK: http://bit.ly/3aAW7gX
SAN JACINTO CITY HALL
595 S. SAN JACINTO AVE
SAN JACINTO, CA 92583
951-487-4330
City of San Jacinto Page 1 Updated 12/29/2020 10:44 AM
ALONSO LEDEZMA, MAYOR
CRYSTAL RUIZ, MAYOR PRO TEM
PHIL AYALA, COUNCILMEMBER
BRIAN HAWKINS, COUNCILMEMBER
JOEL LOPEZ, COUNCILMEMBER
IMPORTANT MESSAGE REGARDING JANUARY 5, 2021 CITY COUNCIL
MEETING
***SPECIAL TELECONFERENCING MEETING PROCEDURES***
This meeting is being conducted utilizing teleconferencing and electronic means consistent with
State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19
pandemic. The meeting may be joined telephonically by calling (951) 465-7684, Conference ID
#:141 661 099#.
Submission of Public Comments: For those wishing to make public comments at the January
5, 2021, City Council meeting, please submit your comments by email to be read aloud at the
meeting by the Deputy City Clerk. Email comments to Julia Espinoza at
jespinoza@sanjacintoca.gov. Please put “PUBLIC COMMENT” in the email subject line.
Email comments on matters not on the agenda must be received prior to the time the Mayor calls
the item for Public Comments. Email comments on the agenda items must be received prior to
the time the Mayor closes public comments on the agenda item. All email comments shall be
subject to the same rules as would otherwise govern speaker comments at the Council meeting.
Electronic comments on agenda items for the January 5, 2021, may only be submitted via email
and comments via text and social media (Facebook, Twitter, etc.) will not be accepted.
Submission of Public Hearing Comments: Please put “COMMENT FOR PUBLIC
HEARING” in the subject line.
Reading of Public Comments: The City Clerk shall read all email comments, provided that the
reading shall not exceed three (3) minutes, or such other time as the Council may provide,
consistent with the time limit for speakers at a Council meeting. The email comments submitted
shall become part of the record of the Council meeting.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office
of the City Clerk at 951-487-7339. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure
accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II].
City of San Jacinto Page 2 Updated 12/29/2020 10:44 AM
1. ORGANIZATION
1.1. Roll Call
1.2. Invocation
1.3. Pledge of Allegiance
1.4. Mayor / Council Member Reports / Discussions
1.5. Late Items
2. PUBLIC COMMENTS
3. CONSENT CALENDAR
3.A. Consent Calendar - City Council
3.A.1. Waiver of Full Reading of Ordinance(s), and Reading by Title Only
3.A.2. Minutes of the Regular City Council Meeting of December 15, 2020
RECOMMENDATION:
Staff recommends that the City Council approve the minutes of the December
15, 2020, regular City Council meeting.
Department: City Clerk
3.A.3. Resolution of Intention to Annex Territory known as Rancho Estudillo Plaza into
Community Facilities District No. 2020-1 and to Authorize the Levy of Special
Taxes Therein
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution No. 3840,
Declaring its Intention to Annex Territory, located on the north-east corner of
Sanderson Avenue and Seventh Street, into Community Facilities District No.
2020-1 and Authorize the Levy of Special Taxes therein.
Department: Finance
3.A.4. Approve the Ratification of the Execution of a Letter of Credit with River City
Bank on behalf of San Jacinto Power to Comply with California Public Utilities
Commission Financial Security Requirements
RECOMMENDATION:
Staff recommends that the City Council approve the ratification of the
execution of a Letter of Credit with River City Bank (RCB) on behalf of San
Jacinto Power (SJP) to comply with the California Public Utilities
Commission (CPUC) Financial Security Requirements (FSR).
Department: Finance
City of San Jacinto Page 3 Updated 12/29/2020 10:44 AM
3.A.5. Approve RESOLUTION NO. 3848, Authorizing The Investment of City Monies
in The Local Agency Investment Fund and Rescinding Resolution No. 3420
Recommendation:
Staff recommends the City Council adopt Resolution No. 3848.
Department: Finance
3.A.6. Ramona Expressway Rehabilitation Phase 1 (CIP # 21-001) Service Agreement
with County of Riverside for Ramona Expressway Roadway Improvement
RECOMMENDATION:
Staff recommends that the City Council approve the Service Agreement with
the County of Riverside for Ramona Expressway Roadway Improvements,
authorize the City Manager to execute the agreement, and approve the
addition of $1,350,725 to the budget for Ramona Expressway Rehabilitation
Phase 1 (CIP #21-001).
Department: Engineering
4. PUBLIC HEARING
4.1. Annexation of Territory, commonly known as Rancho Estudillo Plaza, into
Community Facilities District 2003-1 (CFD 2003-1), Authorizing the Levy of Special
Taxes, Submitting the Levy of Special Tax to the Qualified Electors, Declaring the
Results of the Election, and Authorizing the Levy of Special Taxes for Ann exation
No. 59
RECOMMENDATION:
Staff recommends that the City Council:
1. HOLD the Public Hearing related to the Annexation of Territory into CFD 2003-
1.
2. ADOPT Resolution No. 3849, authorizing the annexation of territory to CFD
2003-1 and the levy of a Special Tax, and submitting the levy of Special Tax to
the Qualified Electors.
3. CALL upon the City Clerk to conduct the Special Annexation Landowner
Election.
4. ADOPT Resolution No. 3850, declaring the results of a Special Annexation
Landowner Election and directing the recording of an amended Notice of Special
Tax Lien.
5. INTRODUCE Ordinance No. 20-14 for a first reading and levying a Special
Tax within CFD 2003-1, including Annexation No. 59
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO LEVYING A SPECIAL TAX WITHIN CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1, INCLUDING CERTAIN
City of San Jacinto Page 4 Updated 12/29/2020 10:44 AM
ANNEXATION TERRITORY
Department: Finance
5. DISCUSSION ITEMS
5.1. Mayor's Local Appointments List
RECOMMENDATION:
Staff recommends that the City Council review and accept the Mayor's
recommendations for appointments for the regional organization/committees year
2021.
Department: City Clerk
5.2. Planning Commission Ad Hoc Committee
RECOMMENDATION:
Staff recommends that the City Council consider forming a Planning Commission
Ad Hoc Committee for the purpose of opening recruitment and conducting
interviews for one Planning Commissioner due to the vacancy of a Planning
Commissioner seat with an unexpired term.
Department: City Clerk
6. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF
7. ADJOURNMENT
DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB343) - Any public record, relating to an
open session agenda item, that is distributed within 72 hours prior to the meeting is available for public
inspection at the public counter located in the Administration Building of City Hall, 595 S. San Jacinto
Avenue, San Jacinto, CA 92583.
I, Julia Espinoza, Deputy City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted
the foregoing agenda this 11th day of January 2020 as requested by law.
Julia Espinoza, Deputy City Clerk
January 5, 2021
TO: City Council
REQUESTED BY: Sherry Morton, City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Regular Minutes for 12/15/2020
RECOMMENDATION:
Staff recommends that the City Council approve the minutes of the December 15, 2020, regular
City Council meeting.
ATTACHMENTS:
12-15-20 Regular Meeting Minutes
3.A.2
Packet Pg. 5
ACTION MINUTES
CITY COUNCIL/SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY – REGULAR MEETING
TUESDAY, DECEMBER 15, 2020
6:30 PM OPEN SESSION – TELEPHONICALLY
(951) 465-7684, Conference ID #:866 024 712#
LIVE STREAM LINK: https://bit.ly/37Pn6Cl
SAN JACINTO CITY HALL
595 SAN JACINTO AVE.
SAN JACINTO, CA 92583
951-487-7330
1. ORGANIZATION
Mayor Andrew Kotyuk called the meeting to order at 6:32 p.m.
1.1. Roll Call
Interim City Clerk Sherry Morton conducted the roll call:
Teleconferenced in: Mayor Andrew Kotyuk, Mayor Pro Tem Crystal Ruiz,
Councilmember Russ Utz, Councilmember Alonso Ledezma, Councilmember Joel
Lopez
Absent: None
1.2. Invocation
Councilmember Ruiz gave the invocation.
1.3. Pledge of Allegiance
The Pledge of Allegiance was led by Councilmember Utz.
1.4. Mayor/Council Member Reports/Discussions
Councilmembers provided their reports.
ANDREW KOTYUK, MAYOR
CRYSTAL RUIZ, MAYOR PRO TEM
ALONSO LEDEZMA, COUNCILMEMBER
JOEL LOPEZ, COUNCILMEMBER
RUSS UTZ, COUNCILMEMBER
3.A.2.a
Packet Pg. 6 Attachment: 12-15-20 Regular Meeting Minutes (Regular Minutes for 12/15/2020)
1.5. Late Items
There were no late items presented.
2. PUBLIC COMMENTS
There were no public comments.
3. JOINT CONSENT CALENDAR
3.A Consent Calendar – City Council
3.A.1. Waiver of Full Reading of Ordinance(s), and Reading b y Title Onl y
3.A.2. Minutes of the Regular City Council Meeting of December 1, 2020/City
Clerk/Approved
3.A.3. Minutes of the Special City Council Meeting of December 8, 2020/City
Clerk/Approved
3.A.4. Warrants and Disbursements - November 2020/Finance/Approved
3.A.5. Amendment of the Conflict of Interest Code Pursuant to the Political
Reform Act of 1974- Resolution No. 3846/City Clerk/Approved
3.A.6. Declaration of November 3, 2020 General Municipal Election Results of
the City Council and Treasurer – Resolution No. 3847/City
Clerk/Approved
3.A.7. Approve California Choice Energy Authority Entering into a Long-Term
Renewable Energy Agreement with Manzana Wind LLC on behalf of San
Jacinto Power/Finance/Approved
3.A.8. State Street Widening – Quandt Ranch Road to Gilman Springs Bridge (CIP
21-002) – TUMF Agreement No. 20-HS-RCY-1201/Engineering/Approved
3.B Consent Calendar – Successor Agency to the Redevelopment Agency
3.B.1. Resolution of the Successor Agency to the Redevelopment Agency of the
City of San Jacinto Approving the Successor Agency’s administrative
Budget Pursuant to Health and Safety Code Section 34177(j) - Resolution
No. SA 20-02/Finance/Approved
M/S/C (Ruiz/Ledezma) moved to approve the Consent Calendar. Motion carried 5/0.
Ayes: Kotyuk, Lopez, Utz, Ruiz, Ledezma
Nays: None
Absent: None
Abstain: Kotyuk – Item No. 3.A.4., # 130927
3.A.2.a
Packet Pg. 7 Attachment: 12-15-20 Regular Meeting Minutes (Regular Minutes for 12/15/2020)
At this time, Mayor Pro Tem Ruiz and the City Council recognized Mayor Andrew Kotyuk
and Councilmember Russ Utz for their service on the San Jacinto City Council.
4. OATH OF OFFICE
Interim City Clerk Sherry Morton administered the Oath of Office to newly elected
City Councilmembers Phil Ayala and Brian E. Hawkins, incumbent
Councilmember Crystal Ruiz, and newly elected City Treasurer Mike Van Der
Linden.
5. REORGANIZATION OF CITY COUNCIL
Mayor Pro Tem Ruiz called for the nominations for Mayor and requested each Member
state why they would like to serve as Mayor.
Councilmember Ayala made a motion to nominate Councilmember Ruiz for Mayor. There
was no second.
Mayor Pro Tem Ruiz made a substitute motion and nominated Councilmember Ledezma
for Mayor. Councilmember Ledezma seconded the motion.
Councilmember Lopez made a second substitute motion and nominated himself for Mayor.
There was no second.
On the substitute motion made by Mayor Pro Tem Ruiz M/S/C (Ruiz/Ledezma) moved
to nominate Councilmember Ledezma for Mayor. Motion carried 5/0.
Ayes: Ledezma, Ruiz, Lopez, Ayala, Hawkins
Nays: None
Newly elected Mayor Ledezma called for the nominations for Mayor Pro Tem.
Mayor Ledezma made a motion to nominate Councilmember Ruiz for Mayor Pro Tem.
Councilmember Ayala seconded the motion.
Councilmember Lopez made a substitute motion and nominated himself as Mayor Pro
Tem. Councilmember Hawkins seconded the motion.
On the substitute motion made by Councilmember Lopez M/S/C (Lopez/Hawkins)
moved to nominate Councilmember Lopez for Mayor Pro Tem. Motion failed 2/3.
Ayes: Lopez, Hawkins
Nays: Ledezma, Ruiz, Ayala
On the original motion made by Mayor Ledezma M/S/C (Ledezma/Ayala) moved to
nominate Councilmember Ruiz. Motion carried 5/0.
Ayes: Ledezma, Ruiz, Lopez, Ayala, Hawkins
Nays: None
3.A.2.a
Packet Pg. 8 Attachment: 12-15-20 Regular Meeting Minutes (Regular Minutes for 12/15/2020)
Mayor Ledezma congratulated newly elected Councilmember Ayala, Councilmember
Hawkins, incumbent Councilmember Ruiz, and newly elected Treasurer Van Der Linden.
At this time, Mayor Ledezma requested a brief intermission.
Councilmember Lopez left the meeting following the intermission.
6. DISCUSSION ITEMS
6.1. Approval of the Purchase of New Fire Engine
City Manager Rob Johnson presented the staff report.
M/S/C (Ruiz/Ledezma) made a motion to (1) approve the purchase of a new Type 1
Municipal Fire Engine in the amount not to exceed $800,000; (2) allocate the funding
from Fire Mitigation Fund No. 067 and Fire Facilities Fund No. 116; (3) authorize the
City Manager to submit letter to Riverside County requesting personnel increase to
operate the Engine; (4) authorize the City Manager to enter into an agreement with
Riverside County for a loaner Fire Engine until the new Engine arrives; and (5)
approve and allocate funding for a budget adjustment to cover increased Fire
personnel from Squad 25 to the Engine from March 16, 2021 to June 30, 2021. Motion
carried 4/0.
Ayes: Ledezma, Ruiz, Ayala, Hawkins
Nays: None
Absent: Lopez
Abstain: None
6.2. Memorandum of Understanding with San Jacinto Unified School District
Regarding Underpaid Pass-Throughs Made by the Former Redevelopment
Agency of the City of San Jacinto
Deputy City Manager Tom Prill presented the staff report.
M/S/C (Ruiz/Ledezma) made a motion to approve the Memorandum of Understanding
(MOU) with the San Jacinto Unified School District (SJUSD) regarding underpaid pass-
throughs made by the former Redevelopment Agency of the City of San Jacinto (RDA);
authorize the City Manager to execute the MOU, and instruct the Successor Agency to
the Redevelopment Agency of the City of San Jacinto (SA) to include the enforceable
obligation on the Recognized Obligation Payment Schedule (ROPS) 21-22. Motion carried
4/0.
Ayes: Ayala, Ruiz, Hawkins, Ledezma
Nays: None
Absent: Lopez
Abstain: None
3.A.2.a
Packet Pg. 9 Attachment: 12-15-20 Regular Meeting Minutes (Regular Minutes for 12/15/2020)
6.3. Resolution of the Successor Agency to the Redevelopment Agency of the City
of San Jacinto Approving a Recognized Obligation Payment Schedule for the
Period July 1, 2021, to June 30, 2022, Pursuant to Health and Safety Code
Section 34177(m)
Deputy City Manager Tom Prill presented the staff report.
M/S/C (Ruiz/Ledezma) made a motion to approve the Recognized Obligation Payment
Schedule (“ROPS”) for July 2021 to June 2022 and adopt Resolution No. SA 20 -03. Motion
carried 4/0.
7. CITY MANAGER UPDATE
City Manager Robert A. Johnson provided updates on the following:
San Jacinto Sheriff’s Station Update - Flock Safety System - ALPR’s
Finance and Special Districts
Water Billing Overview
Business License Activity
Community Development Department Overview
Planning Division Overview
Building and Safety Division
Code Enforcement Division
Department of Public Utilities
Social Media Presence
8. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF
Councilmember Hawkins requested an update on plans for the Vossburg. Mayor Ledezma
requested staff look into a program addressing panhandling in the City.
9. ADJOURNMENT
With no further business before the City Council, Mayor Kotyuk adjourned the Regular
Meeting of the City Council at 9:27 pm.
CITY OF SAN JACINTO:
________________________
Alonso Ledezma, Mayor
ATTEST:
________________________
Sherry Morton, MMC
Interim City Clerk
Approved as read:
Approved as amended:
3.A.2.a
Packet Pg. 10 Attachment: 12-15-20 Regular Meeting Minutes (Regular Minutes for 12/15/2020)
January 5, 2021
TO: City Council
REQUESTED BY: Farrah Jenner, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Resolution of Intention to Annex Territory known as Rancho Estudillo
Plaza into CFD 2020-1
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution No. 3840, Declaring its Intention to
Annex Territory, located on the north-east corner of Sanderson Avenue and Seventh Street, into
Community Facilities District No. 2020-1 and Authorize the Levy of Special Taxes therein.
DISCUSSION:
The City Council and Planning Commission have identified the need for a financing mechanism
for maintenance and services on improvements related to new development within the City. In
response to the need for additional funding for such maintenance and services, the City Council
formed Community Facilities District 2020-1 (the "CFD”) and approved the levy of special taxes
therein. The CFD provides funding for services including, but not limited to, the maintenance of
landscaped areas, parkways, and median improvements throughout the CFD, and the
maintenance and servicing of streetlights, traffic signals, and appurtenant facilities (the
“Services”). The Rate and Method of Apportionment (“RMA”) of the CFD defines multiple
types of property that may be levied a special tax and utilizes tax zones to allow future
development to annex to the CFD rather than forming a new CFD for each new development.
The RMA also defines a Contingent Special Tax which would be levied only if the developer
failed to perform landscape maintenance to the City’s standards.
The City will utilize the CFD as a tool to tax new residential development for the direct costs
associated with the Services. The use of the CFD provides additional funds to mitigate the added
cost of providing the Services to new development. The adoption of the Resolution of Intention
is required to annex the territory into the CFD. The Resolution of Intention approves the CFD
annexation boundaries and sets the Public Hearing date for February 16, 2021, during a regularly
scheduled City Council meeting. A ballot will be mailed to the property owner within the
annexation territory, to vote for or against the annexation.
The property owner(s) have submitted the attached Petition to annex into Community Facilities
District No. 2020-1 as a funding mechanism for the Services.
FISCAL IMPACT:
The annexation of territory into the CFD has a beneficial impact on the City's budget in that,
upon implementation of the proposed annexation, it would assist in funding the Services. The
3.A.3
Packet Pg. 11
CFD special tax will be levied on property within the annexed territory to provide additional
funding for increased services including, but not limited to, the maintenance of landscaped areas,
parkways, and median improvements, and the maintenance and servicing of streetlights, traffic
signals, and appurtenant facilities within the annexed territory. This project will not initially be
levied the Contingent Special Tax. Should the developer fail to perform landscape maintenance
to the City’s standards, the Contingent Special Tax would accordingly be collected in addition to
the special tax. Both collected taxes would increase annually by a factor equal to the annual
change in the April-to-April Riverside-San Bernardino-Ontario CPI-U Index up to a maximum
factor of 5%.
In Fiscal Year 2021/22, it is anticipated that the CFD will collect $14,123.12 in special tax
revenue and, if applicable, $24,069.60 in Contingent Special Tax revenue.
ATTACHMENTS:
CFD 2020-1 Resolution 3840 - Intention
Annex. No. 1 Tax Zone 2 - Boundary Map
3.A.3
Packet Pg. 12
Resolution No. 3840
24438.02015\33413420.3 -1-
STATE OF CALIFORNIA ) RESOLUTION NO. 3840
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN J ACINTO DECLARING INTENTION TO ANNEX
TERRITORY TO SAN JACINTO COMMUNITY FACILITIES
DISTRICT NO. 2020-1 AND ADOPTING A MAP OF THE
AREA PROPOSED TO BE ANNEXED THERETO
(ANNEXATION NO. 1 TO CFD 2020-1 (TAX ZONE 2))
WHEREAS, the City Council (the “City Council”) of the City of San Jacinto
(the “City”) has established San Jacinto Community Facilities District No. 2020-1,
County of Riverside, State of California (the “District”) for the purpose of levying special
taxes on parcels of taxable property therein for the purpo se 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; and
WHEREAS, it is necessary that certain parcels of property be annexed to
the District in order that they may be developed and receive the benefit of services
which will be financed by the annual levy of special taxes on said property sufficient to
pay the costs of such services and costs incidental thereto; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing
with Section 53339) of 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,” (the “Act”) to annex territory to the District by complying with the procedures set
forth in said Article 3.5;
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. Name of District. The name of the existing Community
Facilities District is San Jacinto Community Facilities District
No. 2020-1, County of Riverside, State of California.
Section 3. Intention. The City Council declares its intention to conduct
proceedings pursuant to said Article 3.5 for the annexation to
the District of the territory described in Exhibit “A” attached
hereto. The City Council determines that the public
convenience and necessity require that such territory be
annexed to the District.
3.A.3.a
Packet Pg. 13 Attachment: CFD 2020-1 Resolution 3840 - Intention (Resolution of Intention to Annex Territory known as Rancho Estudillo Plaza into CFD
Resolution No. 3840
24438.02015\33413420.3 -2-
Section 4. Description of Territory Proposed to Be Annexed;
Annexation Map. The territory which is included in the
District is described on the map of the District recorded on
May 20, 2020 in Book 85 of Maps of Assessment and
Community Facilities Districts, page 14, and as Instrument
No 2020-0214738 in the official records of the County of
Riverside. The territory proposed to be annexed to the
District is described in Exhibit “A” attached hereto and by this
reference made a part hereof. Such territory is also shown
and described on the map thereof entitled “Annexation Map
No. 1, Community Facilities District No. 2020-1 (Tax Zone 2)
of the City of San Jacinto, County of Riverside, State of
California,” which is on file with the City Clerk (the
“Annexation Map”).
Section 5. Types of Services; Incidental Expenses; Plan for Providing
Services. A general description of the services which are to
be funded with the revenues from special taxes which are to
be levied on parcels of taxable property within the District is
set forth in Exhibit “B” attached hereto and by reference
made a part hereof. The District shall also finance costs
associated with the determination of the amount of and the
levy and collection of special taxes which are levied to
provide such services and costs otherwise incurred in order
to carry out its authorized purposes. The services described
above shall be provided, as needed, throughout the District
and the territory proposed to be annexed thereto for the
benefit of all owners of property and residents of the District
and the territory proposed to be annexed thereto. All owners
of taxable parcels of property within the District and the
territory proposed to be annexed thereto shall pay special
taxes at the same rate to finance the annual cost of
providing such services. The services to be provided and
financed by the District, as previously described, are
necessary to meet increased demands placed upon the City
as a result of development occurring within the District and
the territory proposed to be annexed thereto.
Section 6. Special Taxes. Except where funds are otherwise available,
special taxes sufficient to pay the costs of the services
described in Section 4 above and the annual administrative
expenses of the City and the District in determining,
apportioning, levying and collecting such special taxes, shall
be annually levied within the territory proposed to be
annexed to the District. Pursuant to Section 53340 of the
California Government Code, the special taxes shall be
collected in the same manner and at the same time as
3.A.3.a
Packet Pg. 14 Attachment: CFD 2020-1 Resolution 3840 - Intention (Resolution of Intention to Annex Territory known as Rancho Estudillo Plaza into CFD
Resolution No. 3840
24438.02015\33413420.3 -3-
ordinary ad valorem property taxes; provided however, that
the District may collect Special Taxes at a different time or in
a different manner if necessary to meet its financial
obligations. The rates and method of apportionment of said
special taxes shall be as set forth in Exhibit “C” attached
hereto and by this reference made a part hereof.
Section 7. Adoption of Annexation Map. Pursuant to Section 3110.5 of
the Streets and Highways Code, the City Council adopts the
Annexation Map as the map of the area proposed to be
annexed to the District. Pursuant to Section 3111 of said
Code, the City Clerk shall file the original of the Annexation
Map in her office and shall file a copy of the Annexation Map
with the County Recorder of the County of Riverside no later
than 15 days prior to the date of the hearing specified in
Section 8 hereof.
Section 8. Public Hearing. A PUBLIC HEARING ON THE PROPOSED
ANNEXATION OF SAID TERRITORY TO THE DISTRICT
SHALL BE HELD AT 6:30 P.M. ON FEBRUARY 16, 2021 IN
THE SAN JACINTO COMMUNITY CENTER, LOCATED AT
625 S. PICO AVENUE, SAN JACINTO, CALIFORNIA, OR
VIA TELECONFERENCE AS DIRECTED BY THE CITY
DUE TO COVID-19 SOCIAL DISTANCING GUIDELINES.
Section 9. Notice. The City Clerk shall publish a notice of the time and
place of said hearing as required by Section 53322 of the
California Government Code, and shall also give notice of
the hearing by first class mail to each registered voter and
landowner within the territory proposed to be annexed to
the District as prescribed by Section 53339.4 of said Code.
Said notice shall be published at least seven (7) days and
mailed at least fifteen (15) days before the date of the
hearing and shall contain the information required by said
Section 53339.4.
Section 10. Description of Voting Procedures. The voting procedures to
be followed in conducting the election on the proposition
with respect to the levy of special taxes within the territory
proposed to be annexed to the District to shall be as
follows:
(a) If at the time of the close of the public or protest hearing
(hereinafter referred to as the “protest hearing”) at least 12 persons are
registered to vote within the territory proposed to be annexed to the District, the
election shall be conducted by the City Clerk, and shall be held on a date
selected by the City Council in conformance with the provisions of Section 53326
3.A.3.a
Packet Pg. 15 Attachment: CFD 2020-1 Resolution 3840 - Intention (Resolution of Intention to Annex Territory known as Rancho Estudillo Plaza into CFD
Resolution No. 3840
24438.02015\33413420.3 -4-
of the California Government Code (“Section 53326”) and pursuant to the
applicable provisions of law regulating elections of the City, insofar as they may
be applicable, and pursuant to Section 53326 the ballots for the election shall be
distributed to the qualified electors of the territory proposed to be annexed to the
District by mail with return postage prepaid and the election shall be conducted
as a mail ballot election.
(b) If at the time of the close of the protest hearing, and for at least the
preceding 90 days, less than 12 persons have been registered to vote within the
territory proposed to be annexed to the District, and pursuant to Section 53326,
the vote is therefore to be by the landowners of that territory, with each
landowner of record at the close of the protest hearing having one vote for each
acre or portion of an acre of land that he or she owns, the election shall be
conducted by the City Clerk as follows:
(1) The election shall be held on the earliest date following the
conclusion of the protest hearing upon which it can be held pursuant to
Section 53326 which may be selected by the City Council, or such earlier
date as the owners of land within the territory proposed to be annexed to
the District and the City Clerk agree and concur is acceptable.
(2) Pursuant to Section 53326, the election may be held earlier
than 90 days following the close of the protest hearing if the qualified
electors of the territory proposed to be annexed to the District waive the
time limits for conducting the election set forth in Section 53326 by
unanimous written consent and the City Clerk concurs in such earlier
election date as shall be consented to by the qualified electors.
(3) Pursuant to Section 53326, ballots for the election shall be
distributed to the qualified electors by the City Clerk by mail with return
postage prepaid or by personal service.
(4) Pursuant to applicable provisions of law regulating elections
of the City which govern the conduct of mail ballot elections, and Division
4 (commencing with Section 4000) of the California Elections Code with
respect to elections conducted by mail, the City Clerk shall mail or deliver
to each qualified elector an official ballot in a form specified by the City
Council in the resolution calling the election, and shall also mail or deliver
to all such qualified electors a ballot pamphlet and instructions to voter,
including a sample ballot identical in form to the official ballot but identified
as a sample ballot, a statement pursuant to Section 9401 of the said
Code, an impartial analysis by the City Attorney pursuant to Section 9280
of the said Code with respect to the ballot proposition contained in the
official ballot, ballot arguments and rebuttals, if any, pursuant to Sections
9281 to 9287, inclusive, of said Code, a return identification envelope with
prepaid postage thereon addressed to the City Clerk for the return of
voted official ballots, and a copy of this resolution; provided, however, that
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Resolution No. 3840
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such statement, analysis and arguments may be waived with the
unanimous consent of all the landowners of the territory proposed to be
annexed to the District and shall be so stated in the resolution adopted by
the City Council calling the election.
(5) The official ballot to be mailed or delivered by the City Clerk
to each landowner-voter shall have printed or typed thereon the name of
the landowner-voter and the number of votes to be voted by the
landowner-voter, and shall have appended to it a certification to be signed
by the person voting the official ballot which shal l certify that the person
signing the certification is the person who voted the official ballot, and if
the landowner-voter is other than a natural person, that he or she is an
officer of or other person affiliated with the landowner-voter entitled to vote
such official ballot, that he or she has been authorized to vote such official
ballot on behalf of the landowner-voter, that in voting such official ballot it
was his or her intent, as well as the intent of the landowner-voter, to vote
all votes to which the landowner-voter is entitled based on its land
ownership on the proposition set forth in the official ballot as marked
thereon in the voting square opposite such proposition, and further
certifying as to the acreage of the landowner-voter’s land ownership within
the territory proposed to be annexed to the District.
(6) The return identification envelope delivered by the City Clerk
to each landowner-voter shall have printed or typed thereon the following:
(i) the name of the landowner, (ii) the address of the landowner, (iii) a
declaration under penalty of perjury stating that the voter is the landowner
or the authorized representative of the landowner entitled to vote the
enclosed ballot and is the person whose name appears on the
identification envelope, (iv) the printed name and signature of the voter, (v)
the address of the voter, (vi) the date of signing and place of execution of
said declaration, and (vii) a notice that the envelope contains an official
ballot and is to be opened only by the City Cle rk.
(7) The information-to-voter form to be mailed or delivered by
the City Clerk to the landowner-voters shall inform them that the official
ballots shall be returned to the City Clerk properly voted as provided
thereon and with the certification appended thereto properly completed
and signed in the sealed return identification envelope with the certification
thereon completed and signed and all other information to be inserted
thereon properly inserted by 5:00 o’clock p.m. on the date of the election.
(8) Upon receipt of the return identification envelopes which are
returned prior to the voting deadline on the date of the election, the City
Clerk shall canvass the votes cast in the election, and shall file a
statement with the City Council at its next regular meeting regarding the
results of such canvass and the election.
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Resolution No. 3840
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The procedures set forth in this section for conducting the election may be
modified as the City Council may determine to be necessary or desirable by a resolution
subsequently adopted by the City Council.
PASSED, APPROVED, and ADOPTED this 5th day of January, 2021, by
the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
CITY OF SAN JACINTO
_______________________________
Alonso Ledezma, Mayor
ATTEST:
__________________________
Sherry Morton, Interim City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGAR, LLP
________________________________
Michael J. Maurer, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
I, Sherry Morton, Interim City Clerk of the City of San Jacinto, DO HEREBY
CERTIFY that the foregoing Resolution No. 3840 was regularly passed, approved, and
adopted by the Regular Meeting of the San Jacinto City Council held on the 5th of
January, 2021:
AYES:
NAYS:
ABSENT:
ABSTAIN:
WITNESS MY HAND AND OFFICIAL SEAL this 5th day of January, 2021.
________________________________
Sherry Morton, Interim City Clerk
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EXHIBIT “A”
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN
JACINTO, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
APN: 436-360-011, 436-360-013, 436-360-014 & 436-360-015
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EXHIBIT “B”
DESCRIPTION OF SERVICES
The types of services proposed to be provided for and financed by the proposed
District are:
(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 streetlights, traffic signals and appurtenant
facilities, including, but not limited to furnishing of electric current, materials, contracted
services, and the necessary maintenance, replacement, and repair r equired to keep the
improvements in operational and satisfactory condition; and
(c) any other services authorized under the Act.
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EXHIBIT “C”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax shall be levied and collected in Community Facilities District No. 2020-1, City of
San Jacinto (“CFD 2020-1”) each Fiscal Year, in an amount determined by the application of the
procedures described below. All of the Taxable Property (as defined below) in CFD 2020 -1,
unless exempted by the provisions hereof, shall be taxed for the purposes, to the extent and in
the manner herein provided.
I. DEFINITIONS
The terms used herein shall have the following meanings:
“Accessory Dwelling Unit” means a secondary residential unit of limited size, as defined in
California Government Code Section 65852.1 as that may be amended from time to time, that
shares a Parcel with a Unit of Single Family Detached Property.
"Acre or Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor’s
Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event the Assessor’s
Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel shall
be determined by the CFD Administrator based upon the applicable final map, parcel map,
condominium plan, or other recorded County parcel map or calculated using available spatial
data and GIS. The square footage of an Assessor’s Parcel is equal to the Acreage of such
parcel multiplied by 43,560.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Division 2 of Title 5 of the Government Act of the State of California.
“Administrative Expenses” means the following actual or reasonably estimated costs directly
related to the administration of CFD 2020-1: the costs of computing the Annual Special Tax
Requirement and the annual Special Tax and of preparing the annual Special Tax collection
schedules; the costs of collecting the Special Taxes, including any charges levied by the County
Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in
complying with the disclosure requirements of the California Government Code (including the
Act), including public inquiries regarding the Special Taxes; the costs of the City or designee
related to an appeal of the Special Tax; and the costs of commencing and pursuing to
completion any foreclosure action arising from delinquent Special Taxes in CFD 2020-1.
“Affordable Housing Property” means, in any Fiscal Year, all or a portion of any Assessor’s
Parcel within the boundaries of CFD 2020-1 that is subject to a deed restriction, resale
restriction, or regulatory agreement recorded in favor of the City of San Jacinto that restricts Unit
rents or prices chargeable to lower income households.
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“Affordable Multi-Family Property” means Multi-Family Property that is also Affordable
Housing Property.
“Affordable Single Family Attached Property” means Single Family Attached Property that is
also Affordable Housing Property.
“Affordable Single Family Detached Property” means Single Family Detached Property that
is also Affordable Housing Property.
“Agricultural Property” means all Assessor’s Parcels of Developed Property in CFD 2020-1
that are used for farming or agriculture according to Assessor’s Data or as otherwise known by
the CFD Administrator.
“Annual Services Costs” means the amounts required to fund services authorized to be
funded by CFD 2020-1.
“Annual Special Tax Requirement” means that amount with respect to CFD 2020-1
determined by the City Council or designee as required in any Fiscal Year to pay: (1) the
Administrative Expenses, (2) the Annual Services Costs, (3) the Contingent Special Tax
Requirement, (4) any amount required to establish or replenish any reserve or replacement fund
established in connection with CFD 2020-1, and (5) reasonably anticipated delinquent Special
Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year.
“Assessor’s Data” means Acreage or other Parcel information contained in the records of the
County Assessor.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map
with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating
parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number
assigned to such Assessment’s Parcel by the County for purposes of identification.
"Backup Contingent Special Tax" means the Backup Contingent Special Tax applicable to
each Assessor’s Parcel of Taxable Property, as determined in accordance with Section III
below.
"Backup Special Tax" means the Backup Special Tax applicable to each Assessor’s Parcel of
Taxable Property, as determined in accordance with Section III below.
“Boundary Map” means that map recorded with the County Recorder’s office on the 20th day
of May in Book 85 at Page 14 as Document Number 2020-0214738.
“Building Square Foot(age)” means the structure square footage as shown in the building
permit issued or as contained in the County Assessor’s Data.
“CFD 2020-1” means the Community Facilities District No. 2020-1, City of San Jacinto, County
of Riverside, State of California.
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“CFD Administrator” means an official of the City, or designee or agent or consultant,
responsible for administering the Special Tax in accordance with this Rate and Method of
Apportionment.
“City” means the City of San Jacinto, County of Riverside, California.
“City Council” means the City Council of the City, acting as the legislative body of CFD 2020-
1.
“Commercial Property” means all Assessor’s Parcels of Developed Property for which a
building permit was issued for a commercial use, according to Assessor’s Data or as otherwise
known by the CFD Administrator.
“Contingent Services” means those services to be provided initially by a POA or a property
owner where an irrevocable offer of dedication, public easement or other instrument allows for
the dedication of improvements to the City so that the City or contractor(s) of the City may
provide such services should the POA or property owner be unable to provide the Contingent
Services to the City’s standards or pay for the costs of such services. The actual services that
are considered Contingent Service may differ within each Tax Zone.
“Contingent Special Tax” means that amount levied in each Fiscal Year on each Assessor’s
Parcel of Taxable Property to fund the Contingent Special Tax Requirement.
“Contingent Special Tax Requirement” means that amount with respect to each Tax Zone as
required in any Fiscal Year if the POA is unable to provide the Contingent Services to the City’s
standards or pay for the costs of Contingent Services incurred or otherwise payable.
“County” means the County of Riverside, California.
“Developed Property” means, in any Fiscal Year, all Taxable Property in CFD 2020-1 for
which a building permit for new construction was issued by the City prior to June 1 of the
preceding Fiscal Year. Agricultural Property used for farming or agriculture is considered
Developed Property even if no structure is on the Parcel.
“Exempt Property” means all property located within the boundaries of CFD 2020-1 which is
exempt from the Special Tax pursuant to Section V below.
“Fiscal Year” means the period from July 1st of any calendar year through June 30th of the
following calendar year.
“Future Annexation Area” means the area designated for future annexation to CFD 2020-1 as
shown in the CFD 2020-1 Boundary Map, as may be amended from time to time.
“GIS” means a geographic information system.
“Industrial Property” means all Assessor’s Parcels of Developed Property for which a building
permit was issued for an industrial use, according to Assessor’s Data or as otherwise known by
the CFD Administrator.
“Maximum Contingent Special Tax” means the maximum Contingent Special Tax authorized
for levy in any Fiscal Year that may apply to Taxable Property as described in Section III.
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“Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal
Year that may apply to Taxable Property as described in Section III.
“Mixed Use Property” means all Assessor’s Parcels of Developed Property that have more
than one property classifications, allowing for both residential and other use types on each such
Assessor’s Parcel. For an Assessor’s Parcel of Mixed Use Property, the Special Tax shall be
calculated and levied for each use type present on the Assessor’s Parcel.
“Multi-Family Property” means, in any Fiscal Year, all Parcels of Developed Property for
which a building permit or use permit has been issued for construction of a residential structure
with five or more Units that share a single Assessor’s Parcel Number, are offered for rent to the
general public, and cannot be purchased by individual homebuyers, according to Assessor’s
Data or as otherwise known by the CFD Administrator.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a
building permit was issued, that is not used for people to live in, and does not include
Agricultural Property, Commercial Property, Multi-Family Property, Industrial Property or Public
Property, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Parcel” means a lot or parcel with a parcel number assigned by the Assessor of the County.
“Property Owner’s Association” or “POA” means any property owner’s association
established to provide Contingent Services within a Tax Zone.
“Property Owners Association Property” means any property within the boundaries of CFD
2020-1 which is (a) owned by a property owners association or (b) designated with specific
boundaries and acreage on a final subdivision map as property owner association property. As
used in this definition, a property owner association includes any master or sub-association.
“Proportionately” means, for Developed Property that the ratio of the Special Tax levy to the
Assigned Special Tax or the Backup Special Tax is equal for all Assessors’ Parcels of
Developed Property within CFD 2020-1. For Undeveloped Property, “Proportionately” means
that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all
Assessor’s Parcels of Undeveloped Property within CFD 2020-1.
“Public Property” means any property within the boundaries of CFD 2020-1 owned by,
irrevocably offered or dedicated to, or for which an easement for purposes of public or private
road right-of-way making the property unusable for any other purpose has been granted to the
federal government, the State of California, the County, the City, or any local government or
other public agency.
“Single Family Attached Property” means, in any Fiscal Year, all Parcels of Developed
Property for which a building permit or use permit was issued for construction of a residential
structure consisting of two or more Units that share common walls, have separate Assessor’s
Parcel Numbers assigned to them (except for a duplex triplex, or fourplex unit, which may share
a Parcel with another duplex, triplex or fourplex Unit(s)), and may be purchased by individual
homebuyers (which shall still be the case even if the Units are purchased and subsequently
offered for rent by the owner of the Unit), including such residential structures that meet the
statutory definition of a condominium project contained in Civil Code Section 4125, according to
Assessor’s Data or as otherwise known by the CFD Administrator.
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“Single Family Detached Property” means, in any Fiscal Year, all Parcels of Developed
Property for which a building permit was issued for construction of a Unit that does not share a
common wall with another Unit, according to Assessor’s Data or as otherwise known by the
CFD Administrator.
“Special Tax” means the amount levied in each Fiscal Year on each Assessor’s Parcel of
Taxable Property to fund the Annual Special Tax Requirement.
“Tax Escalation Factor” means a factor equal to the annual change in the April to April
Riverside-San Bernardino-Ontario CPI-U Index up to a maximum factor of 5% that will be
applied annually after Fiscal Year 2020/21 to increase the Maximum Special Tax rates shown in
Section III.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be
levied pursuant to this Rate and Method of Apportionment. All of the Taxable Property within
CFD 2020-1 at the time of its formation is within Tax Zone No. 1. Additional Tax Zones may
be created when property is annexed to CFD 2020-1, and a separate Maximum Special Tax
shall be identified for property within the new Tax Zone at the time of such annexation. The
Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD
2020-1 shall be identified by Assessor’s Parcel number in the annexation documents at the time
of annexation.
“Taxable Property” means all Parcels within the boundary of CFD 2020-1 that are not Exempt
Property, or exempt from the Special Tax pursuant to the Act or Section V below.
“Undeveloped Property” means all Parcels of Taxable Property that are not Developed
Property.
“Unit” means any individual single family detached or attached home, townhome,
condominium, apartment, or other residential dwelling unit, including each separate living area
within a half-plex, duplex, triplex, fourplex, or other residential structure. An Accessory Dwelling
Unit that shares a Parcel with a Unit of Single Family Detached Property, Single Family
Attached Property shall not be considered a separate Unit for purposes of calculating the
Special Tax.
“Welfare Exempt Property” means all Parcels within the boundaries of CFD 2020-1 that have
been granted a welfare exemption pursuant to Section 53340 (c) under the Act under
subdivision (g) of Section 214 of the Revenue and Taxation Code by the County.
II. DETERMINATION OF TAXABLE PARCELS
On or about July 1 of each Fiscal Year, the CFD Administrator shall determine the valid
Assessor’s Parcel Numbers for all Taxable Property within CFD 2020-1. If any Assessor’s
Parcel Numbers are no longer valid from the previous Fiscal Year, the CFD Administrator shall
determine the new Assessor’s Parcel Number or Numbers that are in effect for the current
Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated
or otherwise reconfigured, the Maximum Special Tax rates shall be assigned to the new
Assessor’s Parcels pursuant to Section III. The CFD Administrator shall also determine: (i) the
Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and
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Undeveloped Property; (iii) the number of Units each Parcel contains; (iv) the property type, i.e.
Single Family Detached Property, etc; and (iv) the Annual Special Tax Requirement for the
Fiscal Year.
III. SPECIAL TAX - METHOD OF APPORTIONMENT
All Taxable Property shall be subject to a Special Tax defined as follows.
The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual
Special Tax Requirement shall be apportioned to each Parcel within CFD 2020-1 by the method
shown below.
First. Determine the Annual Special Tax Requirement.
Second. Levy the Special Tax on each Parcel of Developed Property, Proportionately, up
to the Maximum Special Tax described in the table below to satisfy the Annual
Special Tax Requirement.
Third. If additional monies are needed to satisfy the Annual Special Tax Requirement
after the first step has been completed, the Special Tax shall be levied
Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100%
of the Maximum Special Tax for Undeveloped Property.
Under no circumstances will the Special Tax levied against any Assessor’s Parcel of
Developed Property be increased by more than 10% as a consequence of delinquency or
default by the owner of any other Assessor’s Parcel within CFD No. 2020-1.
TABLE 1
SPECIAL TAX RATES – TAX ZONE NO. 1
FISCAL YEAR 2020/21*
Property Type Special Tax Rate Per
Expected
Special Tax
Revenue
Commercial Property $1,585.20 Acre $13,601.00
Undeveloped Property $1,585.20 Acre $13,601.00
*On each July 1, commencing on July 1, 2021, the Maximum
Special Tax Rate and Expected Special Tax Revenue for each
Tax Zone shall be increased by the Tax Escalation Factor.
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TABLE 2
CONTINGENT SPECIAL TAX RATES – TAX ZONE NO. 1
FISCAL YEAR 2020/21*
Property Type Contingent
Special Tax Rate Per
Expected
Contingent
Special Tax
Revenue
Commercial Property $5,406.45 Acre $46,387.30
Undeveloped Property $5,406.45 Acre $46,387.30
*On each July 1, commencing on July 1, 2021, the Maximum
Special Tax Rate and Expected Contingent Special Tax
Revenue for each Tax Zone shall be increased by the Tax
Escalation Factor.
Maximum Special Taxes
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within each Tax
Zone shall be the greater of the Special Tax as show in Table 1 or the Backup Special Tax.
The Maximum Contingent Special Tax for each Assessor’s Parcel of Taxable Property within
each Tax Zone shall be the greater of the Contingent Special Tax as show in Table 2 or the
Backup Contingent Special Tax.
Backup Special Taxes
The Backup Special Tax for each Assessor’s Parcel of Taxable Property within each Tax Zone
shall be the rate per Acre that results in the Expected Special Tax Revenue f or each Tax Zone.
The Backup Contingent Special Tax for each Assessor’s Parcel of Taxable Property within each
Tax Zone shall be the rate per Acre that results in the Expected Contingent Special Tax
Revenue for each Tax Zone.
A different Maximum Special Tax rate may be identified in Tax Zones added to CFD 2020-1 as
a result of future annexations.
In some instances, an Assessor’s Parcel of Developed Property may contain more than one
type of property. The Maximum Special Taxes levied on an Assessor’s Parcel shall be the sum
of the Maximum Special Taxes for all Units located on that Assessor’s Parcel.
IV. FORMULA FOR PREPAYMENT OF SPECIAL TAX OBLIGATIONS
The Special Tax may not be prepaid.
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V. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax,
no Special Taxes shall be levied on Public Property, except as otherwise provided in Sections
53317.3 and 53317.5 of the Act.
Additionally, Welfare Exempt Property, shall be reimbursed for Special Tax levied and paid. A
property owner must provide documentation of the exemption within one calendar year after
having paid the Special Taxes for which an exemption has been granted. A refund of the
amount of Special Taxes paid for the Fiscal Year the exemption has been granted will be
provided to the owner of Welfare Exempt Property who was granted the exemption.
VI. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City reserves the right to make minor administrative and technical changes to this
document that do not materially affect the rate and method of apportioning the Special Tax. In
addition, the interpretation and application of any section of this document shall be at the City’s
discretion. Interpretations may be made by the City by ordinance or resolution for purposes of
clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax.
VII. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes, provided that the City may directly bill the Special Tax, may collect the
Special Tax at a different time or in a different manner if needed to meet the financial obligations
of CFD 2020-1, and may collect delinquent Special Taxes through foreclosure or other available
methods.
A Special Tax shall continue to be levied and collected within CFD 2020-1, as needed to fund
the Annual Special Tax Requirement, in perpetuity.
VIII. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator
claiming that the amount or application of the Special Tax is not correct. The appeal must be
filed not later than one calendar year after having paid the Special Taxes that are disputed, and
the appellant must be current in all payments of Special Taxes. In addition, during the term of
the appeal process, all Special Taxes levied must be paid on or before the payment date
established when the levy was made.
The appeal must specify the reasons why the appellant claims the Special Taxes are in error.
The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator
deems necessary, and advise the appellant of its determination.
If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the
owner may then file a written appeal with the City Council whose subsequent decision shall be
final and binding on all interested parties. If the decision of the CFD Administrator or subsequent
decision by the City Council requires the Special Taxes to be modified or changed in favor of
the property owner, no cash refund shall be made for prior years’ Special Taxes, but an
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adjustment shall be made to credit future Special Taxes.
This procedure shall be exclusive and its exhaustion by any property owner shall be a condition
precedent to filing any legal action by such owner.
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24438.02015\33413420.3 C-10
CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1
ATTACHMENT 1
SPECIAL TAX RATES
Tax
Zone APNs Base Year* Rate
Expected
Special Tax
Revenue
2
436-360-011, 436-360-013,
436-360-014 & 436-360-015
2021/22 $1,875.59/Acre $14,123.22
*On each July 1, commencing on July 1 of the Base Year, the Maximum Special Tax Rate and
Expected Special Tax Revenue for each Tax Zone shall be increased by the Tax Escalation
Factor.
CONTINGENT SPECIAL TAX RATES
Tax
Zone APNs Base Year* Rate
Expected
Contingent
Special Tax
Revenue
2
436-360-011, 436-360-013,
436-360-014 & 436-360-015
2021/22 $3,196.49/Acre $24,069.60
*On each July 1, commencing on July 1 of the Base Year, the Maximum Special Tax Rate and
Expected Contingent Special Tax Revenue for each Tax Zone shall be increased by the Tax
Escalation Factor.
3.A.3.a
Packet Pg. 31 Attachment: CFD 2020-1 Resolution 3840 - Intention (Resolution of Intention to Annex Territory known as Rancho Estudillo Plaza into CFD
ANNEXATION MAP NO. 1 OFCITY OF SAN JACINTOCOMMUNITY FACILITIES DISTRICT NO. 2020-1
FIL ED IN THE OFFICE O F THE CITY CLERK OF THE CITY O F SAN JACINTO THIS ________ DAY OF ____________,20____.
________________________________________CITY CLERKCITY OF SAN JACINTORIVERSIDE COUNTY, CAL IFO RNIA
I HEREBY CERTIFY THAT THE W ITH IN MAP SHOWING THE PROPOSED BOUNDARIES O F ANNEXATION NO . 1 TO CITYOF SAN JACINTO CO MMUNITY FACILITIES DISTRICT NO. 2020-1, CO UNTY OF RIVERSIDE, STATE OF CALIFORNIA,WAS APPROVED BY THE CITY CO UNCIL O F THE CITY OF SAN JACINTO , AT A MEETING THEREOF, HEL D ON THE_____ DAY OF ____________, 20____, BY ITS RESO LUTION NO. __________________.
________________________________________CITY CLERKCITY OF SAN JACINTORIVERSIDE COUNTY, CAL IFO RNIA
FIL ED THIS ________ DAY OF ____________, 20____, AT THE HOUR OF _______ O’CLO CK __M, IN BOOK ________ OFMAPS OF ASSESSMENT AND CO MMUNITY FACIL ITIES DISTRICTS AT PAGE ______ IN THE O FFICE OF THE CO UNTYRECORDER OF THE COUNTY OF R IVERSIDE, STATE O F CALIFORNIA.
____________________________DEPUTYCOUNTY RECORDERCOUNTY OF RIVERSIDE, CAL IFORNIA
FOR PARTICULARS O F THE LINES AND DIMENSIONS O F ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPSOF THE ASSESSOR, COUNTY O F RIVERSIDE, STATE O F CALIFORNIA.
REFERENCE IS HEREBY MADE TO THAT CERTAIN MAP ENTITLED “PROPOSED BOUNDARY MAP O F CITY OF SANJACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1, COUNTY O F RIVERSIDE, STATE OF CALIFO RNIA” FILED THE20TH DAY OF MAY, 2 020, AT THE HOUR OF 11:04 O’CLOCK A.M. IN BO OK 85 O F MAPS O F ASSESSMENT ANDCOMMUNITY FACIL ITIES DISTRICTS AT PAG E 1 4 AND AS INSTRUMENT NO. 2020-02 14738 IN THE OFFICE OF THECOUNTY RECORDER FO R THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WH ICH THIS ANNEXATIO N MAPAFFECTS. CERTAIN ANNEXATION PROCEEDINGS HAVE BEEN CONDUCTED WHICH HAVE ADDED OTHERTERRITORY TO THIS COMMUNITY FACILITIES DISTRICT NO IDENTIFIED IN THIS BO UNDARY MAP.
CITY OF SAN JACINTOCOUNTY OF RIVERSIDESTATE OF CALIFORNIACFD BOUNDARYCFD PARCELSPARCELSButterflyCt
Warwick St
TallGrass CtSweet Clover Loop
Sw eet C lover LoopSweet Clover LoopSweet Clover LoopSparrow LnSeventh St Seventh StSanderson AveSanderson AvePartridge LnOriole RdGrassy Meadow DrGrassyMeadow DrF i n c h C i r
Daisy Ct
Sheet 1 of 1
Source: Riverside County GISGeographic Coordinate Reference: GCS North American 1983Projection: NAD 1983 StatePlane California VI FIPS 0406 Feet
¬«79
¬«79
R
A
M
O
N
A E
X
P
YSTATE STWARREN RDSANDERSON AVEMAIN ST
COTTONWOOD AVE
ESPLANADE AVE
M
O
U
NTAIN AVE
RAMONA EXPY
SAN JACINTO AVE
RA
M
ONA BLVD LAKE PARK DRESPLANADA AVE
C I T Y O F S A N J A C I N T OCITY O F S A N J A C I N T O
ANNEXATION BOUNDARY
ANNEXATION PARCELS
PARCELS
0 150 30075 Feet
O
436-360-011
R
A
M
O
N
A EXPY
436-360-013
436-360-015436-360-014
3.A.3.b
Packet Pg. 32 Attachment: Annex. No. 1 Tax Zone 2 - Boundary Map (Resolution of Intention to Annex Territory known as Rancho Estudillo Plaza into CFD 2020-1)
January 5, 2021
TO: City Council
REQUESTED BY: Tom Prill, Deputy City Manager
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Approve the Ratification of the Execution of a Letter of Credit with River
City Bank
RECOMMENDATION:
Staff recommends that the City Council approve the ratification of the execution of a Letter of
Credit with River City Bank (RCB) on behalf of San Jacinto Power (SJP) to comply with the
California Public Utilities Commission (CPUC) Financial Security Requirements (FSR).
BACKGROUND:
On December 6, 2016, City Council adopted Ordinance No. 16-12 Establishing the San Jacinto
Community Choice Aggregation (CCA) Program, SJP. SJP began serving customers in April
2018. As a CCA, SJP is required to meet certain state mandated obligations, including the
posting of a FSR instrument per the CPUC Resolution E-5059 (Resolution).
In 2018, the CPUC issued Decision 18-05-022 (Decision) that established reentry fees and
financial security requirements for CCAs. Under the Decision, Investor Owned Utilities (IOUs),
including SCE, were required to submit advice letters implementing the FSR requirements. The
advice letters were submitted in August 2018; however, they were suspended by the CPUC until
final implementation issues could be resolved. On October 8, the CPUC adopted the Resolution
finalizing the implementation of the IOU advice letters and setting the FSR at $147,000. To
date, CCAs have been operating under an interim amount of $100,000, which was submitted to
the CPUC as part of the City’s CCA registration process.
The purpose of the FSR instrument is to cover reentry fees borne by the IOU in the event of a
mass involuntary return of CCA customers to the IOU, such as the decertification of the CCA or
a CCA failure. The IOU may only withhold funds from the financial security instrument for
unpaid administrative or procurement costs associated with the return of CCA customers to the
IOU. Any withholding of those funds must first be approved by the CPUC.
In order to meet this requirement, California Choice Energy Authority (CalChoice) on behalf of
SJP and its other member agencies, worked with its legal team and RCB on a form of Letter of
Credit. Additionally, the Resolution required that SJP submit an Advice Letter to the CPUC
with the FSR instrument as proof of compliance no later than December 8, 2020. CalChoice also
worked with its legal team to draft the Advice Letter, which was submitted with a copy of the
executed Letter of Credit. In accordance with the Resolution, once the Advice Letter is
submitted and compliance with the FSR is demonstrated by way of an attached executed Letter
of Credit, the interim financial security amount of $100,000 currently held by the CPUC will be
returned to the City.
3.A.4
Packet Pg. 33
Initially, SJP sought to satisfy the FSR by way of an Escrow Agreement, however the Resolution
required that SCE have final approval of the language in the agreement. Negotiations with SCE
on the terms of the agreement reached an impasse and a new security mechanism needed to be
developed. Because of the compressed timeline resulting from this change, and the deadline to
submit the Advice Letter and security instrument by December 8, 2020, staff is requesting that
Council ratify the execution of the Letter of Credit after the fact.
FISCAL IMPACT:
$147,000 has been transferred from the City’s Secured Deposit Account held with RCB to a cash
collateral account in the name of the City of San Jacinto. Once the new Financial Security
Requirement has been satisfied, the City will be refunded the original $100,000 Bond currently
being held by the California Public Utilities Commission.
ATTACHMENTS:
Advice Letter and LOC
3.A.4
Packet Pg. 34
A D VI C E L ETT E R
S U M M A R Y
E N E R G Y UTILIT Y
C o m p a n y n a m e/ C P U C Utilit y N o.:
Utilit y t y p e:
P h o n e #:
E X PL A N ATI O N OF UTILIT Y T Y P E
EL C G AS
PL C H E AT
M UST B E C O M PL ET E D B Y UTILIT Y ( Att a c h a d diti o n al p a g es as n e e d e d)
A d vi c e L ett er ( AL) #:
W AT E R E- m ail:
E- m ail Dis p ositi o n N oti c e t o:
C o nt a ct P ers o n:
EL C = El e ctri c
PL C = Pi p eli n e
G AS = G as
H E AT = H e at
W AT E R = W at er
( D at e S u b mitt e d / R e c ei v e d St a m p b y C P U C)
S u bj e ct of AL:
Ti er D esi g n ati o n:
K e y w or ds ( c h o os e fr o m C P U C listi n g):
AL T y p e:M o nt hl y Q u art erl y A n n u al O n e-Ti m e Ot h er:
If AL s u b mitt e d i n c o m pli a n c e wit h a C o m missi o n or d er, i n di c at e r el e v a nt D e cisi o n/ R es ol uti o n #:
D o es AL r e pl a c e a wit h dr a w n or r ej e ct e d AL ? If s o, i d e ntif y t h e pri or AL:
S u m m ariz e diff er e n c es b et w e e n t h e AL a n d t h e pri or wit h dr a w n or r ej e ct e d AL:
C o nfi d e nti al tr e at m e nt r e q u est e d ?Y es N o
If y es, s p e cifi c ati o n of c o nfi d e nti al i nf or m ati o n:
C o nfi d e nti al i nf or m ati o n will b e m a d e a v ail a bl e t o a p pr o pri at e p arti es w h o ex e c ut e a
n o n dis cl os ur e a gr e e m e nt. N a m e a n d c o nt a ct i nf or m ati o n t o r e q u es t n o n dis cl os ur e a gr e e m e nt/
a c c ess t o c o nfi d e nti al i nf or m ati o n:
R es ol uti o n r e q uir e d ?Y es N o
R e q u est e d eff e cti v e d at e:N o. of t ariff s h e ets:
Esti m at e d s yst e m a n n u al r e v e n u e eff e ct ( %):
Esti m at e d s yst e m a v er a g e r at e eff e ct ( %):
W h e n r at es ar e aff e ct e d b y AL, i n cl u d e att a c h m e nt i n AL s h o wi n g a v er a g e r at e eff e cts o n c ust o m er cl ass es
(r esi d e nti al, s m all c o m m er ci al, l ar g e C/I, a gri c ult ur al, li g hti n g).
T ariff s c h e d ul es aff e ct e d:
S er vi c e aff e ct e d a n d c h a n g es pr o p os e d
1:
P e n di n g a d vi c e l ett ers t h at r e vis e t h e s a m e t ariff s h e ets:
1 Dis c uss i n AL if m or e s p a c e is n e e d e d.
Sa n Jaci nt o P o wer ("SJ P")
(888) 639-2411✔cat hy @calc h oice. org
cat hy @calc h oice. org
Cat hy De Falc o
Dece m ber 7, 2020
5- E 1
S U B MI T T A L O F C O M M U NI T Y C H OI C E A G G R E G A T O R FI N A N CI A L S E C U RI T Y
R E Q UI R E M E N T I NS T R U M E N T I N C O M P LI A N C E WI T H R ES O L U TI O N E-5059
C o m plia nce
✔
D.18-05-022; Res oluti o n E-5059
N o
✔
n/a
✔
12/7/20 n/a
n/a
n/a
n/a
n/a
n/a
Cl e ar F or m
Sa n Jaci nt o P o wer ("SJ P")
(888) 639-2411✔✔✔cat hy @calc h oice. org✔✔cat hy @calc h oice. org
Cat hy De Falc o
Dece m ber 7, 2020
5- E 1
S U B MI T T A L O F C O M M U NI T Y C H OI C E A G G R E G A T O R FI N A N CI A L S E C U RI T Y
R E Q UI R E M E N T I NS T R U M E N T I N C O M P LI A N C E WI T H R ES O L U TI O N E-5059
C o m plia nce
✔✔✔✔✔
D.18-05-022; Res oluti o n E-5059
N o
✔
n/a
✔
✔✔
12/7/20 n/a
n/a
n/a
n/a
n/a
n/a
Cl e ar F or m
3.A.4.a
Packet Pg. 35 Attachment: Advice Letter and LOC (Approve the Ratification of the Execution of a Letter of Credit with River City Bank)
C P U C, E n er g y Di visi o n
Att e nti o n: T ariff U nit
5 0 5 V a n N ess A v e n u e
S a n Fr a n cis c o, C A 9 4 1 0 2
E m ail: E DT ariff U nit @ c p u c. c a. g o v
Pr ot ests a n d all ot h er c orr es p o n d e n c e r e g ar di n g t his AL ar e d u e n o l at er t h a n 2 0 d a ys aft er t h e d at e
of t his s u b mitt al, u nl ess ot h er wis e a ut h oriz e d b y t h e C o m missi o n, a n d s h all b e s e nt t o:
N a m e:
Titl e:
Utilit y N a m e:
A d dr ess:
Cit y:
St at e:
T el e p h o n e (xxx) xxx-xxxx:
F a csi mil e (xxx) xxx-xxxx:
E m ail:
N a m e:
Titl e:
Utilit y N a m e:
A d dr ess:
Cit y:
St at e:
T el e p h o n e (xxx) xxx-xxxx:
F a csi mil e (xxx) xxx-xxxx:
E m ail:
Zi p:
Zi p:
Ge neral Ma nager
Calif or nia C h oice E nergy Aut h ority
44933 Fer n Ave nue
La ncaster
Cat hy De Falc o
Calif or nia 93534
(888) 639-2411
cat hy @calc h oice. org
Calif or nia
R o bert J o h ns o n
City Ma nager
Sa n Jaci nt o P o wer
595 S. Sa n Jaci nt o Ave nue
Sa n Jaci nt o
92583
(951) 487-7330
rj o h ns o n @sa njaci nt oca.g ov
Cl e ar F or m
Ge neral Ma nager
Calif or nia C h oice E nergy Aut h ority
44933 Fer n Ave nue
La ncaster
Cat hy De Falc o
Calif or nia 93534
(888) 639-2411
cat hy @calc h oice. org
Calif or nia
R o bert J o h ns o n
City Ma nager
Sa n Jaci nt o P o wer
595 S. Sa n Jaci nt o Ave nue
Sa n Jaci nt o
92583
(951) 487-7330
rj o h ns o n @sa njaci nt oca.g ov
Cl e ar F or m
3.A.4.a
Packet Pg. 36 Attachment: Advice Letter and LOC (Approve the Ratification of the Execution of a Letter of Credit with River City Bank)
E N E R G Y A d vi c e L ett er K e y w or ds
Af filiate Direct Access Preli mi nary State me nt
Agree me nts Disc o n nect Ser vice Pr ocure me nt
Agriculture E C A C / E nergy C ost Adjust me nt Qualifyi ng Facility
Avoided C ost E O R / E n ha nced Oil Rec overy Re bates
Bala nci ng Acc ou nt E nergy C harge Refu nds
Baseli ne E nergy Ef ficie ncy Relia bility
Bili ngual Esta blis h Ser vice Re- M A T/ Bi o- M A T
Billi ngs Ex pa nd Ser vice Area Reve nue All ocati o n
Bi oe nergy For ms Rule 21
Br okerage Fees Fra nchise Fee / User Tax Rules
C A R E G. O. 131- D Secti o n 851
C P U C Rei m burse me nt Fee G R C / Ge neral Rate Case Self Ge nerati o n
Ca pacity Hazard ous Waste Ser vice Area Ma p
C oge nerati o n I ncrease Rates Ser vice Outage
C o m plia nce I nterr u pti ble Ser vice S olar
C o nditi o ns of Ser vice I nter utility Tra ns p ortati o n Sta nd by Ser vice
C o n necti o n LI E E / L o w-I nc o me E nergy Ef ficie ncy St orage
C o nser vati o n LI R A / L o w-I nc o me Rate payer Assista nce Street Lig hts
C o ns olidate Tariffs Late Pay me nt C harge Surcharges
C o ntracts Li ne Exte nsi o ns Tariffs
C ore Me m ora ndu m Acc ou nt Taxes
Credit Metered E nergy Ef ficie ncy Text C ha nges
Curtaila ble Ser vice Meteri ng Tra nsf or mer
Cust o mer C harge M o bile H o me Parks Tra nsiti o n C ost
Cust o mer O w ned Ge nerati o n Na me C ha nge Tra ns missi o n Li nes
Decrease Rates N o n- C ore Tra ns p ortati o n Electri ficati o n
De ma nd C harge N o n- fir m Ser vice C o ntracts Tra ns p ortati o n Rates
De ma nd Side Fu nd Nuclear U ndergr ou ndi ng
De ma nd Side Ma nage me nt Oil Pi peli nes Voltage Disc ou nt
De ma nd Side Res p o nse P B R / Perf or ma nce Based Rate maki ng Wi nd Po wer
De p osits Portf oli o Wit hdra wal of Ser vice
De preciati o n Po wer Li nes
Cl e ar F or mCl e ar F or m
3.A.4.a
Packet Pg. 37 Attachment: Advice Letter and LOC (Approve the Ratification of the Execution of a Letter of Credit with River City Bank)
1
December 7, 2020
California Public Utilities Commission
Energy Division
Attention: Tariff Unit
505 Van Ness Avenue
San Francisco, CA 94102
Advice Letter SJP 5E
RE: SUBMITTAL OF COMMUNITY CHOICE AGGREGATOR FINANCIAL
SECURITY REQUIREMENT INSTRUMENT IN COMPLIANCE WITH
RESOLUTION E-5059
PURPOSE
San Jacinto Power (“SJP”) hereby submits and posts its Community Choice Aggregator
(“CCA”) Financial Security Requirement (“FSR”) Instrument pursuant to Resolution E-5059 of
the California Public Utilities Commission (“Commission”). A pro-forma version of the FSR
Instrument is appended hereto as Appendix A.
BACKGROUND
Assembly Bill (“AB”) 117 enacted requirements for ensuring that bundled service customers of
the investor-owned utilities (“IOUs”) are indifferent to the costs of electricity customers
migration to and from CCA programs. Public Utilities Code Section 394.25(e) established
consumer protections that require CCAs to post financial security to cover the reentr y fees that
would be imposed on CCA customers in the event these customers are involuntarily returned to
IOU service. On June 7, 2018, the Commission issued Decision (“D.”)18-05-022, which found
that Public Utilities Code Section 394.25(e) requires the implementation of both a reentry fee
and a corresponding FSR to address the costs of a potential mass involuntary return of CCA
customers to utility service.1 The FSR represents the estimated amount that would be required
to cover IOU administrative and procurement costs resulting from a mass involuntary return.2
D.18-05-022 established the methods for calculating re-entry fees and financial security
amounts and established a minimum CCA financial security amount of $147,000.3
D.18-05-022 ordered each CCA to submit a compliance advice letter to the Commission’s
Energy Division, providing notice of compliance with the FSR and requesting the return of the
interim financial security posted with the Commission.4 D.18-05-022 determined that letters of
credit, surety bonds, or cash held by a third-party are the acceptable instruments to satisfy the
1 D.18-05-022 at 14; Conclusion of Law 1.
2 D.18-05-022 at 14; Conclusion of Law 2.
3 D.18-05-022 at 16; Ordering Paragraph 9.
4 D.18-05-022; Ordering Paragraph 10.
3.A.4.a
Packet Pg. 38 Attachment: Advice Letter and LOC (Approve the Ratification of the Execution of a Letter of Credit with River City Bank)
2
FSR.5 D.18-05-022 further ordered the amount of the FSR to be updated twice per year to
reflect the change to forecasted procurement and administrative costs if the change in the
amount of the reentry fees is greater than 10 percent.6
On August 15, 2018, Pacific Gas & Electric Company (“PG&E”) submitted Advice Letter
(“AL”) 5354-E, Southern California Edison Company (“SCE”) submitted AL 3840-E, and San
Diego Gas & Electric Company (“SDG&E”) submitted AL 3257-E (collectively, “IOU Advice
Letters”) seeking Commission approval of proposed revisions to the three IOUs’ tariffs to
define and calculate the CCA financial security and reentry fees requirements pursuant to D.18-
05-022. On September 4, 2018, the California Community Choice Associate (“CalCCA”)
protested the IOU Advice Letters arguing that the IOU Advice Letters were overly broad and
went beyond the scope of D.18-05-022.7
On October 9, 2020, the Commission issued Resolution E-5059 partially approving the IOU
Advice Letters and directing the CCAs to post new FSR instruments within 60 days of the
Resolution. Resolution E-5059 adopted the proposed tariff revisions that were specifically
directed in D.18-05-022, but rejected those proposed revisions that did not comply with the
decision.8 Resolution E-5059 determined that the FSR instrument will govern the rights and
obligations of the parties and shall be based on commercially reasonable and accepted terms
and conditions.9 Resolution E-5059 further states that the CCA FSR instrument may only be
drawn upon in the event of an involuntary return, or as mutually agreed upon in, or pursuant to,
the terms of the FSR instrument.10 Finally, Resolution E-5059 found that an IOU may not
terminate CCA service without an order of the Commission for failure by a CCA to post its
FSR instrument.11
Resolution E-5059 also ordered the IOUs to resubmit their tariff sheets to clarify: (i) the terms
of the FSR are subject to mutual agreement by the IOU, the CCA, and the third -party issuer of
the FSR instrument, (ii) failure of the CCA to post the FSR instrument within the sixty-day
period following issuance of Resolution E-5059 may be grounds for the CCA’s involuntary
service suspension by the Commission, (iii) the IOU may not terminate CCA service without
approval from the Commission, and (iv) the Involuntary Return Process as provided for in the
Resolution.12
On November 6, 2020, the IOUs refiled their tariff sheets via respective Tier 1 Advice Letters
to conform with Resolution E-5059.13 On November 30, 2020 the California Community
5 D.18-05-022; Ordering Paragraph 7.
6 D.18-05-022 at 10.
7 See CalCCA Protest, dated September 4, 2018.
8 Resolution E-5059 at 2.
9 Resolution E-5059 at 26.
10 Resolution E-5059 at 27.
11 Resolution E-5059 at 16.
12 Resolution E-5059 at 26-27; Ordering Paragraph 4.
13 See PG&E Advice Letter 5354-E-B, SCE Advice Letter 3840-E-A, SDG&E Advice Letter 3257-E-
A (“Updated IOU Advice Letters”).
3.A.4.a
Packet Pg. 39 Attachment: Advice Letter and LOC (Approve the Ratification of the Execution of a Letter of Credit with River City Bank)
3
Choice Association (“CalCCA”) filed a Limited Protest of the Updated IOU Advice Letters
requesting clarification regarding certain tariff revisions regarding the treatment of protested
reentry fees as well as the timing and circumstances in which CCA customer payment
remittances may be withheld.14
SJP has continued to work diligently to reach an agreement with SCE on terms and conditions
for the FSR instrument. SJP and SCE have come to an agreement regarding the timing and
circumstances under which SCE may withhold customer payment remittances, and the timing
associated with SCE’s draw of the FSR Instrument. These matters are reflected in the FSR
Instrument. However, no agreement has been reached regarding whether SCE may draw the full
amount of the reentry fees if SJP submits a protest disputing the amount of the reentry fees. The
FSR Instrument sufficiently addresses this outstanding issue by providing that SCE will act in
good faith to comply with Commission orders related to protested reentry fees. SJP expects
that the Commission will address these issues in response to CalCCA’s protest of the Updated
IOU Advice Letters.
FINANCIAL SECURITY REQUIREMENT INSTRUMENT
Under Resolution E-5059, a CCA has complied with the FSR posting requirements when the
CCA has demonstrated that the financial instrument has been formed, and the IOU made its
obligee, recipient, or equivalent.15 Appendix A to this advice letter contains the pro forma letter
of credit that has been used as the underlying document for the actual FSR Instrument that has
been executed by SJP and SCE.16 In the event that an involuntary return occurs, Resolution E-
5059 requires the IOU to submit a Tier 1 Advice Letter within 30 days of the involuntary return
to notify the Commission that the return has occurred and to set forth the reentry fee
calculation.17 The FSR instrument states, unless otherwise mutually agreed, SCE will not draw
from the FSR amount until at least 20 days after SCE submits the Tier 1 Advice Letter
notifying the Commission of the involuntary return. Moreover, the FSR instrument states that
SCE will not draw from the FSR amount except (a) upon written agreement between SJP and
SCE or (b) until at least 15 calendar days after SCE has issued a written demand for payment to
SJP and no sooner than 20 calendar days following SCE’s filing of the Tier 1 Advice Letter
notifying the Commission of the involuntary return.
ATTESTATION
The form and terms of the attached pro forma FSR instrument, including the specific conditions
under which the FSR is activated, have been mutually agreed upon between SJP and SCE. By
submitting this Advice Letter, the undersigned attests that it has formed an FSR Instrument,
consisting of a letter of credit, and SCE has been made its obligee, recipient, or equivalent, as
14 See California Community Choice Association’s Protest of SCE Advice Letter 3840-E-A, PG&E
Advice Letter 5354-E-B, and SDG&E Advice Letter 3257-E-A Community Choice Aggregation Financial
Security Requirements.
15 Resolution E-5059 at 26; Finding of Fact 17.
16 See D.18-05-022 at 16; Ordering Paragraph 7 (“Letters of credit…are acceptable forms for
satisfying the financial security requirement.”)
17 Resolution E-5059 at 27; Ordering Paragraph 7.
3.A.4.a
Packet Pg. 40 Attachment: Advice Letter and LOC (Approve the Ratification of the Execution of a Letter of Credit with River City Bank)
4
directed by the Commission in Resolution E-5059.
REQUEST FOR RETURN OF INTERIM SECURITY
SJP previously posted an interim FSR of $100,000 with the Commission in compliance with
Resolution E-4133. Per Resolution E-5059 and D.18-05-022, the interim financial security
posted with the Commission should be returned to the posting CCA when the CCA complies with
the financial security requirements as described in Resolution E-5059.18 Through this advice
letter, SJP is requesting the return of the interim FSR amount of $100,000.
EFFECTIVE DATE
CCA requests that this Tier 1 Advice Letter become effective on December 7, 2020, which is the
date of this submission.
APPENDICES
Appendix A: Pro Forma Letter of Credit
PROTESTS
Anyone wishing to protest this advice filing may do so by letter via U.S. Mail, facsimile, or
electronically, any of which must be received no later than 20 days after the date of this advice
filing. Protests should be mailed to:
CPUC, Energy Division
Attention: Tariff Unit
505 Van Ness Avenue
San Francisco, California 94102
E-mail: EDTariffUnit@cpuc.ca.gov
Copies should also be mailed to the attention of the Director, Energy Division, Room 4004
(same address above). In addition, protests and all other correspondence regarding this advice
letter should also be sent by letter and transmitted via facsimile or electronically to the attention
of:
San Jacinto Power
595 S. San Jacinto Ave.
San Jacinto, CA 92583
cathy@calchoice.org
There are no restrictions on who may file a protest, but the protest shall set forth specifically the
grounds upon which it is based and shall be submitted expeditiously.
///
18 Resolution E-5059 at 5; see also D.18-05-022 at 11.
3.A.4.a
Packet Pg. 41 Attachment: Advice Letter and LOC (Approve the Ratification of the Execution of a Letter of Credit with River City Bank)
5
Respectfully submitted,
/s/ Cathy DeFalco
Cathy DeFalco
General Manager
California Choice Energy Authority
On behalf of San Jacinto Power
3.A.4.a
Packet Pg. 42 Attachment: Advice Letter and LOC (Approve the Ratification of the Execution of a Letter of Credit with River City Bank)
Appendix A
Pro Forma Letter of Credit
3.A.4.a
Packet Pg. 43 Attachment: Advice Letter and LOC (Approve the Ratification of the Execution of a Letter of Credit with River City Bank)
Form of Letter of Credit
IRREVOCABLE NON-TRANSFERABLE STANDBY LETTER OF CREDIT
Bank Reference Number:__________________
Issuance Date:
Issuing Bank:
[insert bank name and address]
Applicant:
[insert applicant name and address]
Beneficiary:
Southern California Edison Company
Attn: Manager of Risk Operations and Collateral Management
2244 Walnut Grove Avenue
GO#1, Quad 2B
Rosemead, CA 91770
Available Amount: $147,000 (One Hundred Forty-Seven Thousand U.S. Dollars)
Expiration Date: [insert date]
Ladies and Gentlemen:
(the “Bank”) hereby establishes this Irrevocable
Non-transferable Standby Letter of Credit (“Letter of Credit”) in favor of Southern California
Edison Company, a California corporation (the “Beneficiary”), for the account of [insert name of
CCA or JPA formed for the purpose of a CCA], a [insert legal entity type], to serve as the
Financial Security Requirement for the amount stated above (the “Available Amount”), effective
immediately.
This Letter of Credit shall be of no further force or effect at 5:00 p.m., California [New York is
acceptable] time on the expiration date stated above or, if such day is not a Business Day (as
hereinafter defined), on the next Business Day (as may be extended pursuant to the terms of this
Letter of Credit) (the “Expiration Date”).
For the purpose hereof, “Business Day” shall mean any day other than:
1. A Saturday or a Sunday,
2. A day on which banking institutions in the city of Los Angeles, California [New
York, New York is acceptable], are required or authorized by Law to remain closed,
or
3. A day on which the payment system of the Federal Reserve System is not
operational.
3.A.4.a
Packet Pg. 44 Attachment: Advice Letter and LOC (Approve the Ratification of the Execution of a Letter of Credit with River City Bank)
It is a condition of this Letter of Credit that the Expiration Date shall be automatically extended
without amendment for one (1) year from the Expiration Date hereof or any future Expiration
Date unless at least sixty (60) days prior to such Expiration Date, we send notice to you by
certified mail or overnight courier, at the address stated below, that we elect not to extend this
Letter of Credit for any such additional period.
Subject to the terms and conditions herein, funds under this Letter of Credit are available to
Beneficiary by complying presentation on or before 5:00 p.m. California [New York is
acceptable] time, on or before the Expiration Date of the following:
1. The original Letter of Credit and all amendments, or a copy of such documents in the
case of partial drawings;
2. A Drawing Certificate in the form of Exhibit “A” attached hereto and which forms an
integral part hereof, duly completed and bearing the signature of an authorized
representative of the Beneficiary signing as such; and
3. A Sight Draft in the form of Exhibit “B” attached hereto and which forms an integral part
hereof, duly completed and bearing the signature of an authorized representative of the
Beneficiary.
Drawings may also be presented by facsimile transmission (“Fax”) to Fax number [insert
number] under telephone pre-advice to [insert number] or alternatively to [insert number];
provided that such Fax presentation is received on or before the Expiration Date on this
instrument in accordance with the terms and conditions of this Letter of Credit. It is understood
that any such Fax presentation shall be considered the sole operative instrument of drawing. In
the event of presentation by Fax, the original documents should not also be presented.
Partial drawing of funds shall be permitted under this Letter of Credit, and this Letter of Credit
shall remain in full force and effect with respect to any continuing balance; provided, the
Available Amount shall be reduced by the amount of each such drawing.
This Letter of Credit is not transferable or assignable. Any purported transfer or assignment shall
be void and of no force or effect.
All correspondence and any drawings (other than those made by Fax) hereunder are to be
directed to [Bank address/contact].
All notices to Beneficiary shall be in writing and are required to be sent by certified mail or
overnight courier to: Southern California Edison Company, Manager of Risk Operations and
Collateral Management, 2244 Walnut Grove Avenue, GO#1, Quad 2B, Rosemead, CA 91770.
Only notices to Beneficiary meeting the requirements of this paragraph shall be considered valid.
Any notice to Beneficiary which is not in accordance with this paragraph shall be void and of no
force or effect.
Banking charges shall be the sole responsibility of the Applicant.
3.A.4.a
Packet Pg. 45 Attachment: Advice Letter and LOC (Approve the Ratification of the Execution of a Letter of Credit with River City Bank)
This Letter of Credit sets forth in full our obligations and such obligations shall not in any way
be modified, amended, amplified or limited by reference to any documents, instruments or
agreements referred to herein, except only the attachment referred to herein; and any such
reference shall not be deemed to incorporate by reference any document, instrument or
agreement except for such attachment. Except in the case of an increase in the Available Amount
or extension of the Expiration Date, this Letter of Credit may not be amended or modified
without the Beneficiary’s prior written consent.
The Bank engages with the Beneficiary that Beneficiary’s drafts drawn under and in compliance
with the terms of this Letter of Credit will be duly honored if presented to the Bank on or before
the Expiration Date.
Except so far as otherwise stated, this Letter of Credit is subject to the International Standby
Practices ISP98 (also known as ICC Publication No. 590), or revision currently in effect (the
“ISP”). As to matters not covered by the ISP, the laws of the State of California, without regard
to the principles of conflicts of laws thereunder, shall govern all matters with respect to this
Letter of Credit.
AUTHORIZED SIGNATURE for Bank
By:
Name: [print name]
Title: [print title]
3.A.4.a
Packet Pg. 46 Attachment: Advice Letter and LOC (Approve the Ratification of the Execution of a Letter of Credit with River City Bank)
EXHIBIT A TO LETTER OF CREDIT No. [____]
DRAWING CERTIFICATE
TO [ISSUING BANK NAME & ADDRESS]
IRREVOCABLE NON-TRANSFERABLE STANDBY LETTER OF CREDIT
REFERENCE NUMBER: ________________
DATE: _________
Southern California Edison Company (“Beneficiary”), demands [Issuing Bank Name] (“Bank”)
payment to the order of the Beneficiary the amount of U.S. $__________ (_________ U.S.
Dollars), drawn under the Letter of Credit referenced above (the “Letter of Credit”), for the
following reason(s) [check applicable provision]:
[ ] A. Under terms of the Tariff Rule 23, Beneficiary is entitled to draw under Letter of
Credit No. [insert number] amounts owed by [insert name of CCA or JPA]. In presenting
this statement and making this request (“Drawing Certificate”), Beneficiary represents and
warrants as follows:
i. Beneficiary has not issued this Drawing Certificate except (A) upon written
agreement between CCA and Beneficiary; or (B) after at least 15 calendar days
(“15-day Period”) following Beneficiary’s written demand for payment to CCA in
the amount of the re-entry fees due from CCA, calculated and delivered in
conformance with Beneficiary’s tariff (“Re-Entry Fees”) and no sooner than 20
calendar days following Beneficiary’s notification to CCA and the California
Public Utilities Commission (“Commission”), through Beneficiary’s submission
of a Tier 1 advice letter consistent with Resolution E-5059, that CCA has
involuntarily returned or has begun to involuntarily return its customers to
Beneficiary.
ii. Within the 15-day Period, (A) CCA has not paid the full amounts owed by CCA
for Re-Entry Fees through direct payment by CCA to Beneficiary; or (B)
Beneficiary and CCA have not agreed in writing that Beneficiary may withhold
CCA customer remittances in full satisfaction of the Re-Entry Fee amount.
iii. Beneficiary has in good faith complied with the Commission’s orders related to
whether Beneficiary can draw the full amount of the Re-Entry Fees even if CCA
submits a protest to the Commission disputing the amount of the Re-Entry Fees.
[ ]B. The Letter of Credit will expire in fewer than twenty (20) Business Days from the
date hereof, and the CCA or its successor has not provided Beneficiary alternative financial
security acceptable to Beneficiary.
Unless otherwise provided herein, capitalized terms which are used and not defined herein shall
have the meaning given each such term in the Letter of Credit.
Authorized Signature for Beneficiary:
3.A.4.a
Packet Pg. 47 Attachment: Advice Letter and LOC (Approve the Ratification of the Execution of a Letter of Credit with River City Bank)
SOUTHERN CALIFORNIA EDISON COMPANY
By: _____________________________________
Name: [print name]_________________________
Title: [print title]__________________________
3.A.4.a
Packet Pg. 48 Attachment: Advice Letter and LOC (Approve the Ratification of the Execution of a Letter of Credit with River City Bank)
EXHIBIT B TO LETTER OF CREDIT No. [____]
SIGHT DRAFT
[INSERT DATE]
TO:
[ISSUING BANK NAME & ADDRESS]
PAY AT SIGHT TO THE ORDER OF SOUTHERN CALIFORNIA EDISON COMPANY (
“BENEFICIARY”) THE AMOUNT OF USD [INSERT AMOUNT] DRAWN UNDER [ISSUING BANK
NAME] IRREVOCABLE NON-TRANSFERABLE STANDY LETTER OF CREDIT NUMBER [INSERT
NUMBER] ISSUED ON [INSERT DATE].
FUNDS PAID PURSUANT TO THE PROVISIONS OF THE LETTER OF CREDIT SHALL BE WIRE
TRANSFERRED TO THE BENEFICIARY IN ACCORDANCE WITH THE FOLLOWING
INSTRUCTIONS:
[INSERT WIRING INSTRUCTION]
_______________________________
AUTHORIZED SIGNATURE
SOUTHERN CALIFORNIA EDISON COMPANY
By: _____________________________________
Name: [print name]_________________________
Title: [print title]__________________________
3.A.4.a
Packet Pg. 49 Attachment: Advice Letter and LOC (Approve the Ratification of the Execution of a Letter of Credit with River City Bank)
January 5, 2021
TO: City Council
REQUESTED BY: Farrah Jenner, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: LAIF Account - Authorized Users
RECOMMENDATION:
Staff recommends the City Council adopt Resolution No. 3848.
DISCUSSION:
Resolution No. 3848 rescinds Resolution No. 3420 and authorizes the following employees, and
their successors, as authorized signers with the Local Agency Investment Fund and allows them
access to all accounts held in the City’s name.
Robert Johnson, City Manager
Thomas Prill, Deputy City Manager
Farrah Jenner, Finance Director
FISCAL IMPACT:
None.
ATTACHMENTS:
Resolution No. 3848
Reso 3420 - 02-21-12 - Authorizing Investment of Monies in LAIF
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1
STATE OF CALIFORNIA ) RESOLUTION NO. 3848
COUNTY OF RIVERSIDE)
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, AUTHORIZING INVESTMENT OF CITY
MONIES IN THE LOCAL AGENCY INVESTMENT FUND AND
RESCINDING RESOLUTION NO. 3420
WHEREAS, the Local Agency Investment Fund is established in the State
Treasury under Government Code section 16429.1 et seq. for the deposit of money of
a local agency for purposes of investment by the State Treasurer; and
WHEREAS, the City Council of the City of San Jacinto, California finds that the
deposit and withdrawal of money in the Local Agency Investment Fund in accordance
with Government Code section 16429.1 et seq. for the purpose of investment as
provided therein is in the best interests of the City;
NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City
Council of the City of San Jacinto, California as follows:
Section 1. The City Council hereby authorizes the deposit and withdrawal of City
monies in the Local Agency Investment Fund in the State Treasury, in
accordance with Government Code section 16429.1 et seq. for the
purpose of investment as provided therein.
Section 2. The following City of San Jacinto, California officers holding the title(s)
specified herein below or their successors in office are each hereby
authorized to order the deposit or withdrawal of monies in the Local Agency
Investment Fund and may execute and deliver any and all documents
necessary or advisable in order to effectuate the purposes of this
resolution and the transactions contemplated hereby:
Robert Johnson
Thomas Prill
Farrah Jenner
(NAME) (NAME) (NAME)
City Manager
Deputy City Manager
Finance Director
(TITLE) (TITLE) (TITLE)
(SIGNATURE) (SIGNATURE) (SIGNATURE)
3.A.5.a
Packet Pg. 51 Attachment: Resolution No. 3848 (LAIF Account - Authorized Users)
2
Section 3. This resolution shall remain in full force and effect until rescinded by City
Council by resolution and a copy of the resolution rescinding this resolution
is filed with the State Treasurer’s Office.
Section 4. That Resolution No. 3420 is hereby rescinded.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council
on the 5th day of January, 2021 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
CITY OF SAN JACINTO:
Alonso Ledezma, Mayor
ATTEST:
Sherry Morton, Interim City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
_____________________________________
Michael J. Maurer, City Attorney
3.A.5.a
Packet Pg. 52 Attachment: Resolution No. 3848 (LAIF Account - Authorized Users)
3
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF SAN JACINTO)
CERTIFICATION
I, Sherry Morton, duly appointed Interim City Clerk of the City of San Jacinto, do
hereby certify that the foregoing Resolution No. 3848 was duly passed, approved and
adopted at a regular meeting of the City Council of the City of San Jacinto on the 5th
day of January 2021, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Sherry Morton, interim City Clerk
3.A.5.a
Packet Pg. 53 Attachment: Resolution No. 3848 (LAIF Account - Authorized Users)
3.A.5.bPacket Pg. 54Attachment: Reso 3420 - 02-21-12 - Authorizing Investment of Monies in LAIF (LAIF Account - Authorized Users)
3.A.5.bPacket Pg. 55Attachment: Reso 3420 - 02-21-12 - Authorizing Investment of Monies in LAIF (LAIF Account - Authorized Users)
3.A.5.bPacket Pg. 56Attachment: Reso 3420 - 02-21-12 - Authorizing Investment of Monies in LAIF (LAIF Account - Authorized Users)
January 5, 2021
TO: City Council
REQUESTED BY: Stuart McKibbin, City Engineer
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Ramona Expressway Rehabilitation Phase 1
RECOMMENDATION:
Staff recommends that the City Council approve the Service Agreement with the County of
Riverside for Ramona Expressway Roadway Improvements, authorize the City Manager to
execute the agreement, and approve the addition of $1,350,725 to the budget for Ramona
Expressway Rehabilitation Phase 1 (CIP #21-001).
DISCUSSION:
The County has proposed to provide much needed improvements to Ramona Expressway from
Rider Street in Perris to Warren Road in the City of San Jacinto. The project was advertised for
bid on December 15, 2020, and the County is scheduled to open bids on January 6, 2021.
The City/County boundary runs lengthwise down Ramona Expressway between the western City
limits and Warren Road. Therefore, improvements within the City of San Jacinto were required
to provide a seamless project for the public and to reduce overall costs to the jurisdictions. These
improvements within the City limits will consist of pulverizing the existing roadway, perform a
full depth reclamation using foamed asphalt, and overlay with Rubberized Hot Mix Asphalt over
Hot Mix Asphalt. At the signalized intersection of Ramona Expressway and Warren Road, the
existing roadway would be removed and replaced with Hot Mix Asphalt. The existing traffic
signal at Warren Road will also be upgraded to include video detection. Incidental work will
include rumble strips, asphalt concrete dike, safety edge, shoulder backing, utility adjustments,
replacement of signs, and roadway striping.
In addition, about 5,000 lineal feet of the outward westbound lane of Ramona Expressway in the
City in front of the dairies is in severe distress and in critical need of rehabilitation. Therefore, in
order to take advantage of the economies of scale of large projects, the City is proposing for the
County to add that segment of Ramona Expressway to the contract via an addendum. The
existing pavement in that lane would be removed and reconstructed with an adequate 2.65-foot
thick structural pavement section.
The proposed improvements to the existing roadway and associated facilities are exempt from
CEQA under Section 15301 (c) because the activities do not create additional traffic lanes and
involve no expansion of the existing roadway and associated facilities.
The Service Agreement establishes the terms and conditions for the City’s financial participation
in the project for improvements within the City limits as well as the terms and conditions under
3.A.6
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which the County will provide the administrative, technical, managerial and support services
needed to construct the Project.
For ease of accounting, the Project has separate bid schedules for the City projects. The City
will pay for the entire cost of improvements within City limits, however, as there is an existing
cost share agreement with the County covering Warren/Ramona Expressway traffic signal
maintenance, the cost of those upgrades will be shared with the County.
The total estimated cost for the City’s share of the improvements, including engineering,
inspection and construction administration is $1,766,000. The actual cost will be dependent on
the result of the bid and subsequent change orders. The current budget has allocated $415,275
towards improvements west of Warren Road in CIP #21-001, split between Measure A and
RMRA funding. Staff recommends that Council authorize the budget adjustment of $1,350,725
of additional funding from Measure A to cover the initial deposit required by the Service
Agreement. If additional funds are required, staff will return to Council for approval.
FISCAL IMPACT:
The service agreement required the deposit of $1,766,000 with the County to cover the costs
associated with construction of improvements within the City limits. An additional $1,350,725
of Measure A funds would be allocated to CIP #21-001 to cover the City’s contribution.
ATTACHMENTS:
21 - 01 05 Agenda re Ramona Expressway Rehabilitation Phase 1 (Service Agreement)
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Packet Pg. 59 Attachment: 21 - 01 05 Agenda re Ramona Expressway Rehabilitation Phase 1 (Service Agreement) (Ramona Expressway Rehabilitation Phase
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Packet Pg. 62 Attachment: 21 - 01 05 Agenda re Ramona Expressway Rehabilitation Phase 1 (Service Agreement) (Ramona Expressway Rehabilitation Phase
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3.A.6.a
Packet Pg. 64 Attachment: 21 - 01 05 Agenda re Ramona Expressway Rehabilitation Phase 1 (Service Agreement) (Ramona Expressway Rehabilitation Phase
3.A.6.a
Packet Pg. 65 Attachment: 21 - 01 05 Agenda re Ramona Expressway Rehabilitation Phase 1 (Service Agreement) (Ramona Expressway Rehabilitation Phase
3.A.6.a
Packet Pg. 66 Attachment: 21 - 01 05 Agenda re Ramona Expressway Rehabilitation Phase 1 (Service Agreement) (Ramona Expressway Rehabilitation Phase
3.A.6.a
Packet Pg. 67 Attachment: 21 - 01 05 Agenda re Ramona Expressway Rehabilitation Phase 1 (Service Agreement) (Ramona Expressway Rehabilitation Phase
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Packet Pg. 68 Attachment: 21 - 01 05 Agenda re Ramona Expressway Rehabilitation Phase 1 (Service Agreement) (Ramona Expressway Rehabilitation Phase
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Packet Pg. 69 Attachment: 21 - 01 05 Agenda re Ramona Expressway Rehabilitation Phase 1 (Service Agreement) (Ramona Expressway Rehabilitation Phase
3.A.6.a
Packet Pg. 70 Attachment: 21 - 01 05 Agenda re Ramona Expressway Rehabilitation Phase 1 (Service Agreement) (Ramona Expressway Rehabilitation Phase
3.A.6.a
Packet Pg. 71 Attachment: 21 - 01 05 Agenda re Ramona Expressway Rehabilitation Phase 1 (Service Agreement) (Ramona Expressway Rehabilitation Phase
3.A.6.a
Packet Pg. 72 Attachment: 21 - 01 05 Agenda re Ramona Expressway Rehabilitation Phase 1 (Service Agreement) (Ramona Expressway Rehabilitation Phase
January 5, 2021
TO: City Council
REQUESTED BY: Farrah Jenner, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Annexation 59 - CFD 2003-1 Ranch Estudillo Plaza
RECOMMENDATION:
Staff recommends that the City Council:
1. HOLD the Public Hearing related to the Annexation of Territory into CFD 2003-1.
2. ADOPT Resolution No. 3849, authorizing the annexation of territory to CFD 2003 -1 and
the levy of a Special Tax, and submitting the levy of Special Tax to the Qualified
Electors.
3. CALL upon the City Clerk to conduct the Special Annexation Landowner Election.
4. ADOPT Resolution No. 3850, declaring the results of a Special Annexation Landowner
Election and directing the recording of an amended Notice of Special Tax Lien.
5. INTRODUCE Ordinance No. 20-14 for a first reading and levying a Special Tax within
CFD 2003-1, including Annexation No. 59
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO
LEVYING A SPECIAL TAX WITHIN CITY OF SAN JACINTO COMMUNITY
FACILITIES DISTRICT NO. 2003-1, INCLUDING CERTAIN ANNEXATION
TERRITORY
DISCUSSION:
The City Council and Planning Commission have identified the need for additional funding
sources for police protection and fire protection and suppression services, especially those
services that are created by new development within the City. In response to the need for
additional funding for such services, the City Council formed CFD 2003-1 and authorized the
levy of special taxes therein.
The City Council has been utilizing CFD 2003-1 as a tool to assess new residential and non-retail
commercial and industrial development for costs associated with providing for these public
safety services. Based upon a petition from the property owner(s), the City Council declared its
intention to annex this territory, commonly known as Rancho Estudillo Plaza located at NE
Sanderson Avenue and Seventh Street, into CFD 2003-1 by adopting Resolution at their meeting
of November 17, 2020, which also established the Public Hearing date to tonight.
4.1
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The City Clerk has received the ballots from the property owner(s) necessary to declare the
results of the Special Election.
FISCAL IMPACT:
The annexation of territory into CFD 2003-1 has a beneficial impact to the City’s budget in that
it assists in the funding of police protection and fire protection and suppression services. The
special tax provides additional funding for selected increased public service costs within the
territory. This project is expected to be retail development, which is not levied the special tax.
Should any of the parcels develop into uses that are non-retail, special taxes would be collected
accordingly, and would increase annually based on the percentage change in the Consumer Price
Index, with a maximum annual increase of six percent (6%), and a minimum annual increase of
two percent (2%) per fiscal year thereafter.
ATTACHMENTS:
CFD 2003-1 Annex 59 - Resolution 3849 Annexation and Calling for a Special Election
CFD 2003-1 Annex 59 - Resolution 3850 Certifying Election Results
CFD 2003-1 Annex 59 - Ordinance 20-14
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Resolution No. 3849
Page 1 of 7
RESOLUTION NO. 3849
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF SAN JACINTO,
AUTHORIZING THE ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2003-1,
AUTHORIZING THE LEVY OF A SPECIAL TAX AND
SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED
ELECTORS
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 59
RESOLVED by the City Council (the “Council”) of the City of San Jacinto (the
“City”), County of Riverside, State of California, that:
WHEREAS, on November 17, 2021 the Council adopted Resolution No. 3841
entitled “A Resolution of the City Council of San Jacinto Declaring its Intention to Annex
Territory into Community Facilities District No. 2003-1 and to Authorize the Levy of
Special Taxes Therein” (the “Resolution of Intention to Annex”), stating its intention to
annex certain territory into Community Facilities District No. 2003-1 (the “CFD”) pursuant
to the Mello Roos Community Facilities Act of 1982, Section 53311, and following of the
California Government Code (the “Act”); and
WHEREAS, a copy of the Resolution of Intention to Annex, incorporating a
description and map of the proposed boundaries of the annexation territory (the
“Annexation No. 59”), stating the services to be provided, and the rate and method of
special tax to be levied within the Annexation No. 59 to pay for the services, is on file with
the City Clerk, and the provisions thereof are fully incorporated herein by reference; and
WHEREAS, on the date hereof, the Council held a noticed public hearing as
required by the Act and the Resolution of Intention to Annex relative to the proposed
4.1.a
Packet Pg. 75 Attachment: CFD 2003-1 Annex 59 - Resolution 3849 Annexation and Calling for a Special Election (Annexation 59 - CFD 2003-1 Ranch Estudillo
Resolution No. 3849
Page 2 of 7
annexation of territory to the CFD and the levy of special taxes in the Annexation No. 59;
and
WHEREAS, at such hearing all interested persons desiring to be heard an all
matters pertaining to the Annexation No. 59 to the CFD and the levy of special taxes
within the Annexation No. 59 were heard and a full and fair hearing was held; and
WHEREAS, prior to the time fixed for the hearing, written protests have not been
filed against the proposed annexation of territory to the CFD by (i) 50% or more of the
registered voters, or six registered voters, whichever is more, residing in the existing CFD;
or (ii) 50% or more of the registered voters, or six registered voters, whichever is more,
residing in the territory proposed to be annexed; or (iii) owners of one-half or more of the
area of land in the existing CFD; or (iv) owners of one-half or more of the area of land in
the territory proposed to be annexed.
WHEREAS, the annexation map of Annexation No. 59 has been filed with the
County Recorder of Riverside County, which map shows the territory to be annexed in
these proceedings, and a copy of the map is on file with the City Clerk.
NOW, THEREFORE, it is hereby RESOLVED, DETERMINED AND ORDERED
by the City Council of the City of San Jacinto as follows:
SECTION 1. Recitals. The foregoing recitals are true and correct.
SECTION 2. Prior Proceedings. All prior proceedings taken by this Council with
respect to the CFD and the proposed Annexation No. 59 have been duly
considered and are hereby determined to be valid an in conformity with the Act,
and the CFD has been validly established pursuant to the Act.
SECTION 3. Prior Resolution. The provision of the Resolution of Intention to
Annex previously adopted by the Council for the CFD are by referenced
incorporated herein.
4.1.a
Packet Pg. 76 Attachment: CFD 2003-1 Annex 59 - Resolution 3849 Annexation and Calling for a Special Election (Annexation 59 - CFD 2003-1 Ranch Estudillo
Resolution No. 3849
Page 3 of 7
SECTION 4. Boundaries. The boundaries of the territory to be annexed to the
CFD, as described in Annexation Map No. 59, is on file with the City Clerk and
heretofore recorded in the Riverside County Recorder’s Office on November 24,
2020, in Book 86 at Page 5 of Maps of Assessment and Community Facilities
Districts, Instrument No. 2020-0588451, is hereby approved, and incorporated
herein by this reference, and shall be included within the boundaries of the CFD,
and said territory is hereby ordered annexed to the CFD, subject to voter approval
of the levy of special taxes therein as provided.
SECTION 5. Election. Pursuant to the provision of the Act, the propositions of (i)
the annexation of the Annexation No. 59, and (ii) the levy of special taxes within the
Annexation No. 59 shall be submitted to the qualified electors of the Annexation
No. 59 at an election called therefore as hereinafter provided.
SECTION 6. Electors Determined. The Council hereby finds that fewer than 12
persons have been registered to vote within the territory proposed to be annexed
for each of the 90 days preceding the close of the hearing her etofore conducted
and concluded by the Council for the purpose of these annexation proceedings.
Accordingly, and pursuant to Section 53326 of the Act, the Council finds that for
purposes of these proceedings the qualified electors are the landowners withi n the
Annexation No. 59 and that the vote shall be by said landowners, each having one
vote for each acre or portion thereof such landowner owns in the Annexation No.
59.
SECTION 7. Applicable Laws. Pursuant to the Act, the election shall be conducted
by mailed ballot under Section 4000 of the California Elections Code, provided,
however, that for the purposes of setting the date for the election, Sections 53326
and 53327 of the Act shall govern.
4.1.a
Packet Pg. 77 Attachment: CFD 2003-1 Annex 59 - Resolution 3849 Annexation and Calling for a Special Election (Annexation 59 - CFD 2003-1 Ranch Estudillo
Resolution No. 3849
Page 4 of 7
SECTION 8. Special Election Called. This Council hereby calls a special election
to consider the measure described in the ballot referred to in Exhibit A hereto,
which form is hereby approved. The special election shall be held in the meeting
room of the Council immediately following adoption of this Resolution. T he Council
hereby further finds that the provision of the Act requiring a minimum of 90 days to
elapse before said election is for the protection of the voters, and the voters have
been fully apprised of and have agreed to the shortened time for the electi on and
waiver of ballot measure analysis and arguments, and will have thereby been fully
protected in these proceedings. This Council also finds and determines that the
City Clerk has concurred in the shortened time for the election.
SECTION 9. Election Official. The City Clerk is hereby designated as the official to
conduct said election. It is hereby acknowledged that the City Clerk has on file the
Resolution of Intention to Annex, a certified map of the proposed boundaries of the
territory to be annexed to the CFD, and a sufficient description to allow the City
Clerk to determine the boundaries of the territory to be annexed to the CFD. The
voted ballot shall be returned to the City Clerk no later then immediately following
the adoption of this Resolution, and when the qualified elector has voted the
election shall be closed. This Council acknowledges that the City Clerk has caused
to be delivered to the sole qualified elector of Annexation No. 59 a ballot in the form
set forth in Exhibit A hereto. The ballot indicated the numbers of votes to be voted
by the landowner, and was accompanied by all supplies and written instructions for
the use and return of the ballot.
SECTION 10. Effective. This resolution shall take effect upon its adoption.
4.1.a
Packet Pg. 78 Attachment: CFD 2003-1 Annex 59 - Resolution 3849 Annexation and Calling for a Special Election (Annexation 59 - CFD 2003-1 Ranch Estudillo
Resolution No. 3849
Page 5 of 7
PASSED, APPROVED, AND ADOPTED this 5th day of January 2021 by the following
vote:
AYES:
NAYS:
ABSENT:
ABSTAINED:
City of San Jacinto
Alonso Ledezma, Mayor
ATTEST:
______________________________
Sherry Morton, Interim City Clerk
APPROVED AS TO FORM:
Best, Best & Krieger
__________________________
Michael Maurer, City Attorney
4.1.a
Packet Pg. 79 Attachment: CFD 2003-1 Annex 59 - Resolution 3849 Annexation and Calling for a Special Election (Annexation 59 - CFD 2003-1 Ranch Estudillo
Resolution No. 3849
Page 6 of 7
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF SAN JACINTO )
CERTIFICATION
I, Sherry Morton, Interim City Clerk of the City Council of San Jacinto, do hereby
certify that the foregoing Resolution No. 3849 was adopted and approved at a regular
meeting of the City Council of the City of San Jacinto held on the 5th day of January, 2021
by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAINED:
WITNESS MY HAND AND OFFICIAL SEAL this 5th day of January, 2021
__________
Sherry Morton, Interim City Clerk
City of San Jacinto
4.1.a
Packet Pg. 80 Attachment: CFD 2003-1 Annex 59 - Resolution 3849 Annexation and Calling for a Special Election (Annexation 59 - CFD 2003-1 Ranch Estudillo
Resolution No. 3849
Page 7 of 7
EXHIBIT A
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 59
OFFICIAL BALLOT
SPECIAL TAX ANNEXATION ELECTION
This ballot is for a special, landowner election. You must return this ballot in the
enclosed postage paid envelope to the office of the City Clerk of the City of San Jacinto
no later than 5:00 p.m. on Tuesday, January 5, 2021, either by mail or in person. The
City Clerk’s office is located at 595 S. San Jacinto Avenue, Building A, San Jacinto,
California, 92583.
To vote, mark a cross (X) on the voting line after the word “YES” or after the word
“NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden
and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the
City Clerk of the City of San Jacinto and obtain another.
The amount of money to be raised annually by the levy of the special tax on the
property to be annexed to Community Facilities District No. 2003 -1 is $64,000.00 should
the property develop into non-retail commercial use and the rate and duration of the tax
to be levied is as set forth in the rate and method of apportionment of special tax for
Community Facilities District No. 2003-1.
Shall the measure pursuant to which the City of San
Jacinto, by and for its Community Facilities District No.
2003-1, shall be authorized to levy special taxes within
the territory annexed to Community Facilities District
No. 2003-1 pursuant to and as described in the
Resolution of the City Council of the City of San
Jacinto of Annexation of Territory to Community
Facilities District, Authorizing the Levy of Special Tax
and Submitting Levy Of Tax to Qualified Electors,
approved by the City Council on November 17, 2020
be adopted?
YES:
NO:
By execution in the space provided below, you also confirm your written waiver of
the time limit pertaining to the conduct of the election and any requirement for analysis
and arguments with respect to the ballot measure, as such waivers are described and
permitted by Section 53326(a) and 53327(b) of the California Government Code.
Number of Votes: 8
Property Owner: ___________________
By:
Title:
4.1.a
Packet Pg. 81 Attachment: CFD 2003-1 Annex 59 - Resolution 3849 Annexation and Calling for a Special Election (Annexation 59 - CFD 2003-1 Ranch Estudillo
Resolution No. 3850
Page 1 of 4
RESOLUTION NO. 3850
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO, DECLARING THE RESULTS OF A
SPECIAL ANNEXATION LANDOWNER ELECTION AND
DIRECTING THE RECORDING OF AN AMENDED
NOTICE OF SPECIAL TAX LIEN
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 59
RESOLVED by the City Council (the “Council”) of the City of San Jacinto (the
“City”), County of Riverside, State of California, that:
WHEREAS, the Council of the City has previously formed a Community Facilities
District pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982,
Section 53311, and following of the California Government Code (the “Act”). The existing
Community Facilities District being designated as Community Facilities District No. 2003 -
1 (the “CFD”); and
WHEREAS, in proceedings heretofore conducted by the Council pursuant to the
Act, the Council has heretofore adopted a resolution entitled “A Resolution of the City of
San Jacinto, Authorizing the Annexation of Territory to Community Facilities District No.
2003-1, Authorizing the Levy of a Special Tax and Submitting the Levy of the Special
Tax to Qualified Electors” (the “Resolution of Annexation”) calling a special election of
the qualified landowner electors in the territory of the land proposed to be annexed to the
CFD.
4.1.b
Packet Pg. 82 Attachment: CFD 2003-1 Annex 59 - Resolution 3850 Certifying Election Results (Annexation 59 - CFD 2003-1 Ranch Estudillo Plaza)
Resolution No. 3850
Page 2 of 4
WHEREAS, pursuant to the terms of the Resolution of Annexation, adopted by
the Council on this date, which is hereby incorporated herein by th is reference, the
special election has been held and the City Clerk has on file a Canvass and Statement
Result of Election (the “Canvass”), a copy of which is attached hereto as Exhibit A; and
WHEREAS, this Council has reviewed the Canvass and hereby approves said
Canvass.
NOW, THEREFORE, it is hereby RESOLVED, DETERMINED AND ORDERED
by the City Council of the City of San Jacinto as follows:
SECTION 1. Recitals. The foregoing recitals are true and correct.
SECTION 2. Issues Presented. The issues presented at the special election were
(i) the annexation of territory to the CFD; and (ii) the levy of a special tax within the
territory annexed to the CFD.
SECTION 3. Measure Approved. Pursuant to the Canvass, the issues presented
at the special election were approved by the landowners of the territory proposed
for annexation to the CFD by more than two-thirds of the votes received at the
special election.
SECTION 4. Declaration of Annexation. The Council does hereby determine and
declare that the annexed territory is now added to and becomes a part of the
CFD. The Council, acting as the Legislative Body of the CFD, is hereby
empowered to levy the authorized special tax within the annexation territory.
SECTION 5. Authority to Levy. Pursuant to the voter approval, this Council may
levy special taxes in the territory in the captioned annexation according to the rate
and method of apportionment specified in the resolution of this Council entitled “A
Resolution of the City Council of San Jacinto Declaring its Intention to Annex
4.1.b
Packet Pg. 83 Attachment: CFD 2003-1 Annex 59 - Resolution 3850 Certifying Election Results (Annexation 59 - CFD 2003-1 Ranch Estudillo Plaza)
Resolution No. 3850
Page 3 of 4
Territory into Community Facilities District No. 2003-1 and to Authorize the Levy of
Special Taxes Therein” adopted on November 17, 2020.
SECTION 6. Prior Proceedings. It is hereby found that all prior proceedings and
actions taken by this Council with respect to the CFD and the territory annexed
thereto were valid and in conformity with the Act.
SECTION 7. Amendment to Notice of Lien. The City Clerk is hereby directed to
complete, execute and cause to be recorded in the office of the County Recorder
of the County of Riverside an amendment to the Notice of Special Tax Lien in the
form required by the Act, such recording to occur no later than fifteen (15) days
following adoption of this Resolution by the Council.
SECTION 8. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED this 5th day of January, 2021 by the
following vote:
AYES:
NAYS:
ABSENT:
ABSTAINED:
City of San Jacinto
Alonso Ledezma, Mayor
ATTEST:
_______________ _____
Sherry Morton, Interim City Clerk
APPROVED AS TO FORM:
Best, Best & Krieger
__________________________
Michael Maurer, City Attorney
4.1.b
Packet Pg. 84 Attachment: CFD 2003-1 Annex 59 - Resolution 3850 Certifying Election Results (Annexation 59 - CFD 2003-1 Ranch Estudillo Plaza)
Resolution No. 3850
Page 4 of 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF SAN JACINTO )
CERTIFICATION
I, Sherry Morton, Interim City Clerk of the City Council of San Jacinto, do hereby
certify that the foregoing Resolution No. 3850 was adopted and approved at a regular
meeting of the City Council of the City of San Jacinto held on the 5th day of January,
2021 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAINED:
WITNESS MY HAND AND OFFICIAL SEAL this 5th day of January, 2021
Sherry Morton, Interim City Clerk
City of San Jacinto
4.1.b
Packet Pg. 85 Attachment: CFD 2003-1 Annex 59 - Resolution 3850 Certifying Election Results (Annexation 59 - CFD 2003-1 Ranch Estudillo Plaza)
Resolution No. 3850
A-1
EXHIBIT A
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 59
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on January 5, 2021, I canvassed the returns of the election held on
January 5, 2021, for the City of San Jacinto Community Facilities District No. 2003-1
Annexation No. 59 and the total number of votes cast in such election and the total
number of votes cast for and against the measure are as follows and the totals as
shown for and against the measure are full, true and correct:
Qualified
Landowner
Votes
Votes
Cast
Votes
YES
Votes
NO
City of San Jacinto Community Facilities
District No. 2003-1 Annexation No. 59
Special Tax Election, January 5, 2021 8 _____ _____ _____
The amount of money to be raised annually by the levy of the special tax on the property
to be annexed to Community Facilities District No. 2003-1 is $18,000 should the
property develop into non-retail commercial use and the rate and duration of the tax to
be levied is as set forth in the rate and method of apportionment of special tax for
Community Facilities District No. 2003-1.
Shall the measure pursuant to which the City of San Jacinto, by and for its Community
Facilities District No. 2003-1, shall be authorized to levy special taxes within the territory
annexed to Community Facilities District No. 2003-1 pursuant to and as described in the
Resolution of the City Council of the City of San Jacinto of Annexation of Territory to
Community Facilities District, Authorizing the Levy of Special Tax and Submitting Levy
Of Tax to Qualified Electors, approved by the City Council on November 17, 2020 be
adopted?
Yes: __________
No: __________
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on January 5, 2021.
By:
Sherry Morton, Interim City Clerk
Commented [ZM1]: Verify Date
Commented [SM2R1]: This is correct.
4.1.b
Packet Pg. 86 Attachment: CFD 2003-1 Annex 59 - Resolution 3850 Certifying Election Results (Annexation 59 - CFD 2003-1 Ranch Estudillo Plaza)
Resolution No. 3850
A-1
City of San Jacinto
4.1.b
Packet Pg. 87 Attachment: CFD 2003-1 Annex 59 - Resolution 3850 Certifying Election Results (Annexation 59 - CFD 2003-1 Ranch Estudillo Plaza)
Ordinance No. 20-14
Page 1 of 4
1
ORDINANCE NO. 20-14
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF SAN JACINTO )
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO LEVYING A SPECIAL TAX WITHIN
CITY OF SAN JACINTO COMMUNITY FACILITIES
DISTRICT NO. 2003-1, INCLUDING CERTAIN
ANNEXATION TERRITORY
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 59
WHEREAS, the City of San Jacinto (the “City”) has conducted proceedings
pursuant to the Mello-Roos Community Facilities Act, Chapter 2.5 of Part 1 of Division 2
of Title 5, commencing with Section 53311, of the California Government Code (the “Act”)
to establish “City of San Jacinto Community Facilities District No. 2003-1” (the “CFD”) for
the purpose of financing certain municipal services (the “Services) as provided in the Act;
and
WHEREAS, the City has conducted proceedings to annex territory into the CFD and, in
connection therewith, approved supplements to the Original Rate and Method (as
supplemented, the “Rate and Method”);
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN
JACINTO as follows:
SECTION 1: By the passage of this Ordinance, pursuant to the Act, the Council hereby
authorizes and levies the Special Tax within the CFD, including all territory annexed into
the CFD prior to the date hereof , at the rate and in accordance with method set forth in
the Rate and Method, which rate and method are by this reference incorporated herein.
The Special Tax has previously been levied in the original territory of the CFD beginning
in fiscal year 2004-05 and the Special Tax is hereby levied commencing in fiscal year
2021-22 in the territory annexed to the CFD subsequent to formation of the CFD, and in
each fiscal year thereafter to pay for the Services for the CFD and all costs of
administering the CFD.
The City Council hereby ratifies the levy of special taxes within the CFD pursuant to the
Act, at the rate and in accordance with the Rate and Method, in fiscal years 2004-05
through 2020-21.
4.1.c
Packet Pg. 88 Attachment: CFD 2003-1 Annex 59 - Ordinance 20-14 (Annexation 59 - CFD 2003-1 Ranch Estudillo Plaza)
Ordinance No. 20-14
Page 2 of 4
2
SECTION 2: The City Manager or designee, or an employee or consultant of the City, is
hereby authorized and directed each fiscal year to determine the specific Special Tax to
be levied for the next ensuing fiscal year for each parcel of real property within the CFD,
including all territory annexed to the CFD prior to the date hereof , in the manner and as
provided in the Rate and Method.
SECTION 3: Exemptions from the levy of the Special Tax shall be as provided in the
Resolution of Formation, the Rate and Method and the applicable provisions of the Act.
In no event shall the Special Tax be levied on any parcel within the CFD in excess of the
maximum Special Tax specified in the Rate and Method.
SECTION 4: All of the collections of the Special Tax shall be used as provided in the Act
and in the Resolution of Formation, including, but not limited to, the payment of costs of
the Services, the payment of the costs of the City in administering the CFD, and the costs
of collecting and administering the Special Tax.
SECTION 5: The Special Tax shall be collected in the same manner as ordinary ad
valorem taxes are collected and shall have the same lien priority, and be subject to the
same penalties and the same procedure and sale in cases of delinquency as provided for
ad valorem taxes; provided, however, that the Council may provide for other appropriate
methods of collection by resolution(s) of the Council. The City Manager of the City (or the
City Manager’s designee) is hereby authorized and directed to provide all necessary
information to the auditor/tax collector of the County of Riverside in order to effect proper
billing and collection of the Special Tax, so that the Special Tax shall be included on the
secured property tax roll of the County of Riverside for fiscal year 2021-22 and for each
fiscal year thereafter, as set forth above, until no longer required to pay for the Services
or until otherwise terminated by the City.
SECTION 6: If for any reason any portion of this Ordinance is found to be invalid, or if the
Special Tax is found inapplicable to any particular parcel within the CFD, including all
territory annexed to the CFD prior to the date hereof, by a court of competent jurisdiction,
the balance of this Ordinance and the application of the Special Tax to the remaining
parcels within the CFD, including all territory annexed to the CFD prior to the date hereof,
shall not be affected.
SECTION 7: The Mayor shall sign this Ordinance and the City Clerk shall cause the same
to be published immediately after its passage at least once in a newspaper of general
circulation circulated in the City.
SECTION 8: This Ordinance shall become effective (30) days following its passage and
adoption and shall be published once within fifteen (15) days upon passage and adoption
in a newspaper of general circulation in the City of San Jacinto, County of Riverside.
4.1.c
Packet Pg. 89 Attachment: CFD 2003-1 Annex 59 - Ordinance 20-14 (Annexation 59 - CFD 2003-1 Ranch Estudillo Plaza)
Ordinance No. 20-14
Page 3 of 4
3
INTRODUCED at a regular meeting of the City Council of the City of San Jacinto held on
January 5, 2021, by the following vote:
AYES:
NAY S:
ABSTAIN:
ABSENT:
City of San Jacinto
Alonso Ledezma, Mayor
ATTEST:
______________________________
Sherry Morton, Interim City Clerk
APPROVED AS TO FORM:
Best, Best & Krieger
__________________________
Michael Maurer, City Attorney
4.1.c
Packet Pg. 90 Attachment: CFD 2003-1 Annex 59 - Ordinance 20-14 (Annexation 59 - CFD 2003-1 Ranch Estudillo Plaza)
Ordinance No. 20-14
Page 4 of 4
4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF SAN JACINTO )
CERTIFICATION
I, Sherry Morton, Interim City Clerk of the City Council of San Jacinto, do hereby
certify that the foregoing Ordinance No. 20-14 was introduced at a regular meeting of the
City Council of the City of San Jacinto on the 5th day of January, 2021. Ordinance No. 20-
14 was passed, approved, and adopted by the City Council of the City of San Jacinto,
California, at a regular meeting of the City Council held on the 19th of January 2021 by
the following vote:
AYES:
NAY S:
ABSTAIN:
ABSENT:
WITNESS MY HAND AND OFFICIAL SEAL the 19th day of January, 2021.
_____________________________
Sherry Morton, Interim City Clerk
City of San Jacinto
4.1.c
Packet Pg. 91 Attachment: CFD 2003-1 Annex 59 - Ordinance 20-14 (Annexation 59 - CFD 2003-1 Ranch Estudillo Plaza)
January 5, 2021
TO: City Council
REQUESTED BY: Sherry Morton, City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Mayor's Local Appointments List
RECOMMENDATION:
Staff recommends that the City Council review and accept the Mayor's recommendations for
appointments for the regional organization/committees year 2021.
DISCUSSION:
Typically, following the City Council reorganization, the Mayor appoints members of City
Council as representatives to other agencies and any City Council Committee at the December
meeting. However, due to the timing of the Riverside County Registrar of Voters certifying the
November 3, 2020 election, the City Council reorganization did not occur until December 15,
2020.
The Mayor’s authority is subject to council approval and the council could overrule any
particular appointments.
FISCAL IMPACT:
There is no fiscal impact.
ATTACHMENTS:
Mayors Appointment List 2021
5.1
Packet Pg. 92
MAYOR’S REGIONAL / LOCAL APPOINTMENTS 2021 (DRAFT)
SAN JACINTO
REGIONAL
APPOINTMENTS
PURPOSE OF
COMMITTEE
APPOINTMENTS
FOR 2020
APPOINTMENT
DATE/TERM
Riverside County
Transportation
Commission (RCTC)
Regional Transportation
Projects
*Meets on the 2nd Wednesday
of every month, at 9:30 a.m.
Vacant
Vacant, Alternate
1/5/21 / 1 Year
Western Riverside
Council of
Governments
(WRCOG)
Western Riverside
Council of Governments
*Meets the 1st Monday of each
month.
Crystal Ruiz
Vacant, Alternate
1/5/21 / 1 Year
Riverside Transit
Agency (RTA)
Transit Programs
*Meets the 4th Thursday of
each month, at 1:00 p.m.
Alonso Ledezma
Joel Lopez, Alternate
1/5/21 / 1 Year
Watermaster
Adjudicated Basin, Water
Issues
*Meets quarterly, on the 4th
Monday of the following
months: February, May,
August, and November, at 4
p.m.
Vacant
Vacant, Alternate
1/5/21 / 1 Year
Western Riverside
County Regional
Conservation
Authority (RCA)
Regional Land
Conservation
*Meets the 3nd Monday of
every month, at 12 p.m.
Crystal Ruiz
Vacant, Alternate
1/5/21 / 1 Year
League of California
Cities
Voting Delegates
* Meets four times each
year, typically in January,
March, June and at the
Annual Conference.
Vacant
Crystal Ruiz, Alternate
1/5/21 / 1 Year
1.5.21
5.1.a
Packet Pg. 93 Attachment: Mayors Appointment List 2021 (Mayor's Local Appointments List)
January 5, 2021
TO: City Council
REQUESTED BY: Sherry Morton, City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Planning Commission Ad Hoc Committee
RECOMMENDATION:
Staff recommends that the City Council consider forming a Planning Commission Ad Hoc
Committee for the purpose of opening recruitment and conducting interviews for one Planning
Commissioner due to the vacancy of a Planning Commissioner seat with an unexpired term.
DISCUSSION:
The City Council has previously used a Planning Commission Ad Hoc Review Committee,
formed of two City Council members along with the City Manager and City Clerk to review
applications, interview potential candidates and make recommendations to the full City Council
for appointment approval.
Planning Commissioner Jeremy Fontes was sworn in as a San Jacinto School Board Member on
December 15,2020, therefore his seat on the Planning Commission became vacant effective
immediately leaving an unexpired term ending on October 31, 2021. According to San Jacinto
Municipal Code Chapter 2.32, if a vacancy in the membership of the City Planning Commission
occurs otherwise than by expiration of term, it shall be filled by appointment for the unexpired
portion of the term.
Under the Maddy Act, the City is required to post a notice of the vacancy within 20 days of the
vacancy occurring. The posting must remain up for at least 10 days in order to give members of
the public the opportunity to apply for the position. The City Clerk will post notice of the
vacancy on the City’s website and in any other locations directed by the City Council.
Upon receipt and review of applications, the Ad Hoc committee will then conduct interviews of
qualified candidates and make a recommendation to the City Council.
FISCAL IMPACT:
There is no fiscal impact.
5.2
Packet Pg. 94