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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 1/4/2022 AGENDA CITY COUNCIL – REGULAR MEETING TUESDAY, JANUARY 4, 2022 6:30 PM OPEN SESSION PUBLIC TELECONFERENCE NUMBER (951) 465-7684, Conference ID #:503 279 443# LIVE STREAM LINK: www.sanjacintoca.gov SAN JACINTO CITY HALL 595 S. San Jacinto Ave San Jacinto, CA 92583 951-487-4330 City of San Jacinto Page 1 Updated 12/27/2021 2:22 PM CRYSTAL RUIZ, MAYOR PHIL AYALA, MAYOR PRO TEM ALONSO LEDEZMA, COUNCILMEMBER BRIAN HAWKINS, COUNCILMEMBER MICHAEL HEATH, COUNCILMEMBER IMPORTANT MESSAGE REGARDING JANUARY 4, 2022 CITY COUNCIL MEETING ***SPECIAL TELECONFERENCING MEETING PROCEDURES*** This City Council meeting is being conducted ONLY utilizing teleconferencing and electronic means consistent with AB 361 because state and local officials continue to recommend measures to promote social distancing due to the COVID-19 pandemic. There will be no physical meeting location. The City Council meeting may be joined telephonically by calling (951) 465-7684, Conference ID #:503 279 443#. Submission of Public Comments: For those wishing to make public comments at the January 4, 2022, City Council meeting, you will have an opportunity to make public comments from the telephone line during the meeting. When comments are called, please press *6 to unmute your line and request to be heard. Alternatively, please submit your comments by email to be read aloud at the meeting by the 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 before the time the Mayor calls the item for Public Comments. Email comments on public hearing items must be received before the time the Mayor closes the public hearing 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 January 4, 2022, may only be submitted via email. 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 12/27/2021 2:22 PM 1. ORGANIZATION 1.1. Roll Call 1.2. Invocation 1.3. Pledge of Allegiance 1.4. Mayor / Council Member Reports 1.5. Late Items 2. PUBLIC COMMENTS 3. CONSENT CALENDARS 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 21, 2021 RECOMMENDATION: Staff recommends that City Council approve the minutes of the December 21, 2021, Regular City Council Meeting. Department: City Clerk 4. PUBLIC HEARING 4.1. Annexation of Territory, 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 Annexation No. 60 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 3901, 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 3902, declaring the results of a Special Annexation Landowner Election and directing the recording of an amended Notice of Special City of San Jacinto Page 3 Updated 12/27/2021 2:22 PM Tax Lien. 5. INTRODUCE Ordinance 21-12 for a first reading and levying a Special Tax within CFD 2003-1, including Annexation No. 60. 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 Department: Finance 4.2. Annexation of Territory commonly known as Cottonwood Commons into Community Facilities District No. 2020-1, Submitting the Levy of Special Tax to the Qualified Electors, Declaring Results of the Election, and Authorizing the Levy of Special Taxes for Annexation No. 2 RECOMMENDATION Staff recommends that the City Council: 1. HOLD the Public Hearing related to the Annexation of Territory into CFD 2020 - 1. 2. ADOPT Resolution 3899, authorizing the annexation of territory into CFD 2020- 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 3900, declaring the results of a Special Annexation Landowner Election and directing the recording of an amended Notice of Special Tax Lien. 5. INTRODUCE Ordinance 21-11, levying a Special Tax within CFD 2020-1, including Annexation No. 2, for a first reading. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO 2 (TAX ZONE 3), INTO SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 Department: Finance 4.3. Annexation of Territory commonly known as Quality Buds into Community Facilities District No. 2020-1, Submitting the Levy of Special Tax to the Qualified Electors, Declaring Results of the Election, and Authorizing the Levy of Special Taxes for Annexation No. 4 RECOMMENDATION Staff recommends that the City Council: City of San Jacinto Page 4 Updated 12/27/2021 2:22 PM 1. HOLD the Public Hearing related to the Annexation of Territory into CFD 2020- 1. 2. ADOPT Resolution 3897, authorizing the annexation of territory into CFD 2020- 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 3898, declaring the results of a Special Annexation Landowner Election and directing the recording of an amended Notice of Special Tax Lien. 5. INTRODUCE Ordinance 21-10, levying a Special Tax within CFD 2020-1, including Annexation No. 4, for a first reading. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO 4 (TAX ZONE 5), INTO SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 Department: Finance 5. DISCUSSION ITEMS 5.1. Mayor's Local Appointments List RECOMMENDATION: Staff recommends that the City Council review the Mayor’s Local Appointments List and accept Mayor’s recommendations for appointments for the year 2022. 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 27th day of December 2021 as requested by law. Julia Espinoza, Deputy City Clerk January 4, 2022 TO: City Council REQUESTED BY: Julia Espinoza, Deputy City Clerk APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Minutes of the Regular City Council Meeting of December 21, 2021 RECOMMENDATION: Staff recommends that City Council approve the minutes of the December 21, 2021, Regular City Council Meeting. ATTACHMENTS: 12-21-21 Regular Meeting Minutes 3.A.2 Packet Pg. 5 ACTION MINUTES CITY COUNCIL – REGULAR MEETING TUESDAY, DECEMBER 21, 2021 6:30 PM OPEN SESSION PUBLIC TELECONFRENCE NUMBER (951) 465-7684, Conference ID#: 702 744 067# LIVE STREAM LINK: www.sanjacintoca.gov SAN JACINTO CITY HALL 595 S. SAN JACINTO AVENUE SAN JACINTO, CA 92583 951-487-7339 1. ORGANIZATION Mayor Crystal Ruiz called the meeting to order at 6:31 pm. 4.1 Roll Call Deputy City Clerk Julia Espinoza conducted the roll call: Teleconferenced in: Mayor Crystal Ruiz, Mayor Pro Tem Phil Ayala, Councilmember Alonso Ledezma, Councilmember Brian Hawkins, and Councilmember Michael Heath 4.2 Invocation Mayor Pro Tem Ayala gave the invocation. 4.3 Pledge of Allegiance Councilmember Ledezma led the Pledge of Allegiance. 4.4 Adoption of Virtual Meeting Findings 1.4.1 Adoption of Virtual Meeting Findings City Attorney Michael Maurer presented the staff report. M/S/C (Heath/Ledezma) made a motion to findings under AB 361 o authorize virtual meetings for the City Council and all City bodies for the next 30 days. CRYSTAL RUIZ, MAYOR PHIL AYALA, MAYOR PRO TEM ALONSO LEDEZMA, COUNCILMEMBER BRIAN HAWKINS, COUNCILMEMBER MICHAEL HEATH, COUNCILMEMBER 3.A.2.a Packet Pg. 6 Attachment: 12-21-21 Regular Meeting Minutes [Revision 1] (Minutes of the Regular City Council Meeting of December 21, 2021) Ayes: Ledezma, Ayala, Heath, Ruiz, Hawkins Nays: None Absent: None Abstain: None 4.5 Mayor/Council Member Reports Councilmembers provided their reports. 4.6 Late Items There were no late items. 2. PUBLIC COMMENTS There was one public comment:  Jose Madallan 3. 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 December 7, 2021 Regular Meeting/City Clerk/Approved 3.A.3. Warrants and Disbursements – November 2021/Finance/Approved 3.A.4. Contract extension with Ramona Humane Society for Animal Control and Shelter Services/Community Development/Approved 3.A.5. Special Tax Annual Reporting/Finance/Approved 3.A.6. Acceptance of Additional ESG_CV2 Funding for Emergency Winter Shelter/City Manager/Approved 3.A.7. Mountain Avenue Pavement Restoration Project, CIP #12- 008/Engineering/Approved 3.A.8. Warren Road Widening/Engineering/Approved 3.B. Consent Calendar – Successor Agency to the Redevelopment Agency of the City of San Jacinto 3.B.1. 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, 2022, to June 30, 2023, Pursuant to Health and Safety Code Section 34177(m)/Finance/Approved 3.A.2.a Packet Pg. 7 Attachment: 12-21-21 Regular Meeting Minutes [Revision 1] (Minutes of the Regular City Council Meeting of December 21, 2021) 3.B.2. 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)/Finance/Approved M/S/C (Ledezma/Hawkins) moved to approve the Consent Calendar. Motion carried 5/0. Ayes: Ruiz, Heath, Ayala, Hawkins, Ledezma Nays: None Absent: None Abstain: None 4. PUBLIC HEARING 4.1 Resolution No. 3889 to Urgency Participation in the Transportation Uniform Mitigation Fee (TUMF) Program; Resolution Adopting a New TUMF Schedule City Attorney Michael Maurer presented the staff report. Mayor Ruiz opened the Public Hearing at 7:12 pm. There were no public speakers. Mayor Ruiz closed the Public Hearing at 7:14 pm. M/S/C (Heath/Ayala) made a motion to 1) waive further readings and find that Urgency Ordinance No. 21-13 is necessary for the immediate preservation of the public peace, health or safety for the reasons stated therein; 2) find that Urgency Ordinance No. 21-13 is exempt from the California Environmental Quality Act; and 3) Approve Urgency Ordinance No. 21-13 to take immediate effect entitled: An Urgency Ordinance of the City Council of the City of San Jacinto, California Adding Article 9 to the San Jacinto Development Code to Implement State-Mandated Procedures for Urban Lot Splits and Two-Unit Projects and Determining the Ordinance to be Exempt From CEQA. Motion carried 5/0. Ayes: Hawkins, Ledezma, Ayala, Heath, Ruiz Nays: None Absent: None Abstain: None 5. DISCUSSION ITEM 5.1 Art in Public Places Program – Community Garden Mural Installation at Sallee Park Deputy City Manager Thomas Prill presented the staff report. M/S/C (Heath/Ayala) made a motion to 1) select Alberto Ahumada/Studio Onextreme as the artist to design the mural for the Community Garden; 2) appropriate and allocate funds in the amount of $30,000 dollars from 3.A.2.a Packet Pg. 8 Attachment: 12-21-21 Regular Meeting Minutes [Revision 1] (Minutes of the Regular City Council Meeting of December 21, 2021) Community Amenities Fund, #131-2510-425-4022; and 3) authorize the City Manager to execute necessary contracts subject to review by the City Attorney. Motion carried 5/0. Ayes: Ayala, Ledezma, Hawkins, Heath, Ruiz Nays: None Absent: None Abstain: None 6. CITY MANAGER UPDATE  Community Development - Department Overview  Planning Division  Building and Safety Division  Code Enforcement Division  American Rescue Plan (ARPA)  Department of Public Utilities – Street Division  Department of Public Utilities – Parks Division and Graffiti Removal  Department of Public Utilities – Storm Water Division  Department of Public Utilities – Water Division  Department of Public Utilities – Waste Water Division  Community Outreach – HARP Outreach Stats  City Manager’s Office – Ignite San Jacinto/HARP 7. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF  Councilmember Ledezma requested that city staff look into finding funds to help light-up the ‘S’ on the mountain.  Councilmember Hawkins requested that city staff keep working toward Main Street Beautification and bring back all city events. 8. ADJOURNMENT With no further business before the City Council, Mayor Ruiz adjourned the City Council's Regular Meeting at 8:21 pm. CITY OF SAN JACINTO: ________________________ Crystal Ruiz, Mayor ATTEST: _____________________________ Julia Espinoza, Deputy City Clerk Approved as read: Approved as amended: 3.A.2.a Packet Pg. 9 Attachment: 12-21-21 Regular Meeting Minutes [Revision 1] (Minutes of the Regular City Council Meeting of December 21, 2021) January 4, 2022 TO: City Council REQUESTED BY: Erika Gomez, Finance Director APPROVED BY: Robert A. Johnson, City Manager SUBJECT: CFD 2003-1 Annex 60 - Cottonwood Commons- Public Hearing 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 3901, 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 3902, declaring the results of a Special Annexation Landowner Election and directing the recording of an amended Notice of Special Tax Lien. 5. INTRODUCE Ordinance 21-12 for a first reading and levying a Special Tax within CFD 2003-1, including Annexation No. 60. 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 uses CFD 2003-1 as a tool to assess new residential and non-retail commercial and industrial development for costs associated with providing 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 Cottonwood Commons, located northwest of the intersection of Cottonwood Avenue and Sanderson Avenue, into CFD 2003 -1 by adopting Resolution 3892 at their meeting of November 16, 2021, which also established the Public Hearing date to tonight. 4.1 Packet Pg. 10 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 no immediate impact on the City’s budget, because this project is expected to be retail development, which is not levied the special tax. However, should any of the parcels develop into uses that are not 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. In this case, t he special tax would have a positive impact on the City’s budget, as it would provide additional funding for selected increased public service costs within the territory. ATTACHMENTS: CFD 2003-1 Annex. No 60 Resolution 3901 Annexation and Calling for a Special Election CFD 2003-1 Annex. No 60 Resolution 3902 Certifying Election Results Ordinance No. 21-12 Annex. 60 CFD 2003-1 Annex 60 Resolution 3892 Staff Report 11-16-21 4.1 Packet Pg. 11 RESOLUTION NO. 3901 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. 60 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 16, 2021 the Council adopted Resolution No. 3892 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. 60”), stating the services to be provided, and the rate and method of special tax to be levied within the Annexation No. 60 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. 12 Attachment: CFD 2003-1 Annex. No 60 Resolution 3901 Annexation and Calling for a Special Election (CFD 2003-1 Annex 60 - Cottonwood annexation of territory to the CFD and the levy of special taxes in the Annexation No. 60; and WHEREAS, at such hearing all interested persons desiring to be heard on all matters pertaining to the Annexation No. 60 to the CFD and the levy of special taxes within the Annexation No. 60 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. 60 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. 60 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. 13 Attachment: CFD 2003-1 Annex. No 60 Resolution 3901 Annexation and Calling for a Special Election (CFD 2003-1 Annex 60 - Cottonwood SECTION 4. Boundaries. The boundaries of the territory to be annexed to the CFD, as described in Annexation Map No. 60, is on file with the City Clerk and heretofore recorded in the Riverside County Recorder’s Office on November 24th, 2021, in Book 87 at Page 99 of Maps of Assessment and Community Facilities Districts, Instrument No. 2021-0700335, 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. 60, and (ii) the levy of special taxes within the Annexation No. 60 shall be submitted to the qualified electors of the Annexation No. 60 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 heretofore 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 within the Annexation No. 60 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. 60. SECTION 7. Applicable Laws. Pursuant to the Act, the election shall be conduct ed 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. 14 Attachment: CFD 2003-1 Annex. No 60 Resolution 3901 Annexation and Calling for a Special Election (CFD 2003-1 Annex 60 - Cottonwood 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 Resoluti on. The 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 e lection 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. 60 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. PASSED, APPROVED, AND ADOPTED this 4th day of January 2022. 4.1.a Packet Pg. 15 Attachment: CFD 2003-1 Annex. No 60 Resolution 3901 Annexation and Calling for a Special Election (CFD 2003-1 Annex 60 - Cottonwood City of San Jacinto Crystal Ruiz, Mayor ATTEST: ______________________________ Julia Espinoza, Deputy City Clerk APPROVED AS TO FORM: __________________________ City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) CERTIFICATION I, Julia Espinoza, Deputy City Clerk of the City Council of San Jacinto, do hereby certify that the foregoing Resolution No. 3901 was adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 4th day of January, 2022 by the following vote: 4.1.a Packet Pg. 16 Attachment: CFD 2003-1 Annex. No 60 Resolution 3901 Annexation and Calling for a Special Election (CFD 2003-1 Annex 60 - Cottonwood AYES: NAYS: ABSENT: ABSTAINED: WITNESS MY HAND AND OFFICIAL SEAL this 4th day of January, 2022 __________ Julia Espinoza, Deputy City Clerk City of San Jacinto 4.1.a Packet Pg. 17 Attachment: CFD 2003-1 Annex. No 60 Resolution 3901 Annexation and Calling for a Special Election (CFD 2003-1 Annex 60 - Cottonwood EXHIBIT A City of San Jacinto Community Facilities District No. 2003-1 Annexation No. 60 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 4, 2022, 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 $290,000.00 in 2021/22 dollars, 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 January 4, 2022 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: 35 Property Owner: ___________________ By: Title: 4.1.a Packet Pg. 18 Attachment: CFD 2003-1 Annex. No 60 Resolution 3901 Annexation and Calling for a Special Election (CFD 2003-1 Annex 60 - Cottonwood Page 1 of 4 RESOLUTION NO. 3902 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. 60 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. WHEREAS, pursuant to the terms of the Resolution of Annexation, adopted by the Council on this date, which is hereby incorporated herein by this reference, the 4.1.b Packet Pg. 19 Attachment: CFD 2003-1 Annex. No 60 Resolution 3902 Certifying Election Results (CFD 2003-1 Annex 60 - Cottonwood Commons- Public Page 2 of 4 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 Territory into Community Facilities District No. 2003-1 and to Authorize the Levy of Special Taxes Therein” adopted on November 16, 2021. 4.1.b Packet Pg. 20 Attachment: CFD 2003-1 Annex. No 60 Resolution 3902 Certifying Election Results (CFD 2003-1 Annex 60 - Cottonwood Commons- Public Page 3 of 4 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) d ays following adoption of this Resolution by the Council. SECTION 8. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED this 4th day of January, 2022. AYES: NAYS: ABSTAIN: ABSENT: City of San Jacinto ___ Crystal Ruiz, Mayor ATTEST: __________________________ Julia Espinoza, Deputy City Clerk APPROVED AS TO FORM: __________________________ City Attorney 4.1.b Packet Pg. 21 Attachment: CFD 2003-1 Annex. No 60 Resolution 3902 Certifying Election Results (CFD 2003-1 Annex 60 - Cottonwood Commons- Public Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) CERTIFICATION I, Julia Espinoza, Deputy City Clerk of the City Council of San Jacinto, do hereby certify that the foregoing Resolution No. 3902 was adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 4th day of January, 2022 by the following vote: AYES: NAYS: ABSTAIN: ABSENT: WITNESS MY HAND AND OFFICIAL SEAL this 4th day of January, 2022 Julia Espinoza, Deputy City Clerk City of San Jacinto 4.1.b Packet Pg. 22 Attachment: CFD 2003-1 Annex. No 60 Resolution 3902 Certifying Election Results (CFD 2003-1 Annex 60 - Cottonwood Commons- Public A-1 EXHIBIT A City of San Jacinto Community Facilities District No. 2003-1 Annexation No. 60 CANVASS AND STATEMENT OF RESULT OF ELECTION I hereby certify that on January 4, 2022, I canvassed the returns of the election held on January 4, 2022, for the City of San Jacinto Community Facilities District No. 2003-1 Annexation No. 60 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. 60 Special Tax Election, January 4, 2022 35 _____ _____ _____ 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 $290,000 in 2021/22 dollars, 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 4.1.b Packet Pg. 23 Attachment: CFD 2003-1 Annex. No 60 Resolution 3902 Certifying Election Results (CFD 2003-1 Annex 60 - Cottonwood Commons- Public A-1 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 January 4, 2022 be adopted? Yes: __________ No: __________ IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on January 4, 2022. Julia Espinoza, Deputy City Clerk City of San Jacinto 4.1.b Packet Pg. 24 Attachment: CFD 2003-1 Annex. No 60 Resolution 3902 Certifying Election Results (CFD 2003-1 Annex 60 - Cottonwood Commons- Public ORDINANCE NO. 21-12 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. 60 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 2022-23 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 2021-22. 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. 4.1.c Packet Pg. 25 Attachment: Ordinance No. 21-12 Annex. 60 (CFD 2003-1 Annex 60 - Cottonwood Commons- Public Hearing) 2 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 2022-23 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. INTRODUCED at a regular meeting of the City Council of the City of San Jacinto held on January 4, 2022. 4.1.c Packet Pg. 26 Attachment: Ordinance No. 21-12 Annex. 60 (CFD 2003-1 Annex 60 - Cottonwood Commons- Public Hearing) 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of San Jacinto held on January 18, 2022, by the following vote: AYES: NAYS: ABSTAIN: ABSENT: CITY OF SAN JACINTO _______________________________ Crystal Ruiz, Mayor ATTEST: _____________________ Julia Espinoza, Deputy City Clerk APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP __________________________________ Michael J. Maurer, City Attorney 4.1.c Packet Pg. 27 Attachment: Ordinance No. 21-12 Annex. 60 (CFD 2003-1 Annex 60 - Cottonwood Commons- Public Hearing) 4 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO) CERTIFICATION I, Julia Espinoza, Deputy City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Ordinance No. 21-12, was regularly passed, approved, and adopted by the Regular Meeting of the San Jacinto City Council held on the 18th of January, 2022: AYES: NAYS: ABSENT: ABSTAIN: WITNESS MY HAND AND OFFICIAL SEAL this 18th day of January 2022. ___________________________ Julia Espinoza, Deputy City Clerk 4.1.c Packet Pg. 28 Attachment: Ordinance No. 21-12 Annex. 60 (CFD 2003-1 Annex 60 - Cottonwood Commons- Public Hearing) AGENDA ITEM _____ November 16, 2021 TO: The Honorable Mayor and Members of the City Council FROM: Erika Gomez, Finance Director SUBJECT: Resolution of Intention to Annex Territory known as Cottonwood Commons into Community Facilities District No. 2003-1 and to Authorize the Levy of Special Taxes Therein RECOMMENDATION Staff recommends that the City Council adopt the Resolution of Intention to Annex Territory, located on the north-west corner of Sanderson Avenue and Cottonwood Avenue, into Community Facilities District No. 2003-1 and Authorize the Levy of Special Taxes therein. 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 Community Facilities District 2003-1 (the "CFD”) and the levy of special taxes therein. The City has been utilizing the CFD as a tool to tax new development for the direct costs of associated with providing police protection and fire protection and suppression services. The use of the CFD provides additional funds to mitigate the added cost of providing public safety services for 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 January 4, 2022 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 necessary Petition to annex into Community Facilities District No. 2003-1 as a funding mechanism for police protection and fire protection and suppression services. FISCAL IMPACT: The annexation of territory into the CFD has a beneficial impact to the City's budget in that, upon implementation of the proposed annexation, would assist 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 not 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. 4.1.d Packet Pg. 29 Attachment: CFD 2003-1 Annex 60 Resolution 3892 Staff Report 11-16-21 (CFD 2003-1 Annex 60 - Cottonwood Commons- Public Hearing) ATTACHMENTS: Resolution No. 3892 Exhibit A (Boundary Map) Exhibit B (RMA) 4.1.d Packet Pg. 30 Attachment: CFD 2003-1 Annex 60 Resolution 3892 Staff Report 11-16-21 (CFD 2003-1 Annex 60 - Cottonwood Commons- Public Hearing) January 4, 2022 TO: City Council REQUESTED BY: Erika Gomez, Finance Director APPROVED BY: Robert A. Johnson, City Manager SUBJECT: CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing RECOMMENDATION Staff recommends that the City Council: 1. HOLD the Public Hearing related to the Annexation of Territory into CFD 2020-1. 2. ADOPT Resolution 3899, authorizing the annexation of territory into CFD 2020-1 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 3900, declaring the results of a Special Annexation Landowner Election and directing the recording of an amended Notice of Special Tax Lien. 5. INTRODUCE Ordinance 21-11, levying a Special Tax within CFD 2020-1, including Annexation No. 2, for a first reading. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO 2 (TAX ZONE 3), INTO SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 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 f acilities (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. 4.2 Packet Pg. 31 The City will utilize the CFD as a tool to tax new 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. Based upon a petition from the property owner, the City Council declared its intention to annex this territory, commonly known as Cottonwood Commons, located at the NW corner of Cottonwood and Sanderson, into CFD 2020-1 by adopting Resolution 3891 at their meeting of November 16, 2021, which also established the Public Hearing date tonight. 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 CFD special tax will be levied on property within the annexed territory to provide additional funding for the Services within the annexed territory. This project will not be levied the Contingent Special Tax unless the developer fails to perform the landscape maintenance to the City’s standards. Both components of the special tax 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%. ATTACHMENTS: San Jacinto CFD 2020-1 (Annex. No. 2) - Resolution 3899 Calling Election San Jacinto CFD 2020-1 (Annex. No. 2) - Resolution 3900 Declaring Results San Jacinto CFD 2020-1 (Annex. No. 2) - Ordinance No 21-11 Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 4.2 Packet Pg. 32 STATE OF CALIFORNIA ) RESOLUTION NO. 3899 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN J ACINTO CALLING SPECIAL ELECTION AND SUBMITTING TO THE QUALIFIED ELECTORS OF TERRITORY PROPOSED TO BE ANNEXED TO SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 THE QUESTION OF LEVYING SPECIAL TAXES WITHIN THAT TERRITORY (ANNEXATION NO. 2 TO CFD 2020-1 (TAX ZONE NO. 3)) WHEREAS, the City Council (the “City Council”) of the City of San Jacinto (the “City”) has heretofore conducted proceedings for the establishment of and 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 purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; 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; and WHEREAS, on November 16, 2021, the City Council adopted Resolution No. 3891, a resolution of intention to annex territory to the District pursuant to Section 53339.2 of the California Government Code, determining that the public convenience and necessity require that certain property, consisting of approximately 34.72 acres, be annexed to the District and containing all of the matters prescribed by Section 53339.3 of said Code, and fixing 6:30 p.m., or as soon thereafter as the matter may be heard, on January 4, 2022, in the San Jacinto Community Center, located at 625 S. Pico Avenu e, San Jacinto, California, as the time and place for a hearing upon said resolution; and WHEREAS, pursuant to said resolution, the City Clerk has published and mailed notice of the time and place of said hearing as required by Section 53339.4 of said Code; and WHEREAS, on January 4, 2022, at the time and place of said hearing, the City Council afforded all interested persons for or against the annexation of said property to the District an opportunity to present testimony and to protest against the proposed annexation of said property to the District, and no protests, either oral or in writing, were received; and 4.2.a Packet Pg. 33 Attachment: San Jacinto CFD 2020-1 (Annex. No. 2) - Resolution 3899 Calling Election (CFD 2020-1 Annex No. 2 - Cottonwood Commons - -2- WHEREAS, pursuant to Section 53339.7 of said Code, the City Council may now submit the question of levying a special tax within the territo ry proposed to be annexed to the District to the qualified electors within that territory. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, as follows: Section 1. Findings. The City Council finds that: (i) the foregoing recitals are correct; (ii) less than 12 persons have been registered to vote within the territory proposed to be annexed to the District during the 90 days preceding the close of the public hearing held on January 4, 2022, and no persons are registered to vote therein; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the territor y proposed to be annexed to the District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within said territory which would be subject to the proposed special taxes if they were levied at the time of the election; and (iv) pursuant to said Section 53326, the special election must be held at least 90 days, but not more than 180 days following the date of the adoption of this resolution, unless such time periods are waived with the unanimous waiver of the qualified electors. All of the qualified electors in the territory to be annexed waived the time limits and election formalities of the special election. Section 2. Special Election. A special election is called for and shall be held on January 4, 2022, for the purpose of submitting to the qualified electors of the territory proposed to be annexed to the District the question of whether special taxes shall annually be levied within said territory to pay the costs of (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 required to keep the improvements in operational and satisfactory condition; a nd (c) any other services authorized under the Mello-Roos Community Facilities Act of 1982, the costs associated with the determination of the amount of and levy and collection of special taxes which will be levied to provide the services, and costs otherwise incurred in order to carry out the authorized purposes of the District pursuant to the Rates and Method of Apportionment of the Speci al Taxes, attached as Exhibit "C" to Resolution No. 3891. Section 3. Ballot Proposition. The proposition to be submitted on January 4, 2022, to the qualified electors of the territory proposed to be annexed to the District shall be as follows: 4.2.a Packet Pg. 34 Attachment: San Jacinto CFD 2020-1 (Annex. No. 2) - Resolution 3899 Calling Election (CFD 2020-1 Annex No. 2 - Cottonwood Commons - -3- Proposition A Shall Proposition A authorizing the annual levy of special taxes on taxable property in the territory proposed to be annexed to San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California, to pay the costs of services to be provided for (a) the maintenance of landscaped areas, parkways and medians improvements throughout the District an d 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 operatio n 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 required to keep the improvements in operational and satisfactory condition; and (c) any other services authorized under the Mello-Roos Community Facilities Act of 1982, and to pay costs associated with the determination of the amount of and the levy and collection of the special taxes at the special tax rates as set forth in Exhibit “C” to Resolution No. 3891 be approved? Section 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk (the "City Clerk") pursuant to the provisions of the California Elections Code governing elections of cities, and the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable. Section 5. Election Procedures. The procedures to be followed in conducting said election shall be as follows: (a) Pursuant to Section 53326 of the California Government Code, 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. (b) Pursuant to applicable sections of the aforementioned provisions of the California Elections Code governing the conduct of mail ballot elections, including in particular Division 4 (commencing with Section 4000) of said Code, the City Clerk shall mail or deliver to each qualified elector an official ballot in the fo rm attached hereto as Exhibit "A” 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 return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of Resolution No. 3891. (c) The official ballot to be mailed 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 shall certify that 4.2.a Packet Pg. 35 Attachment: San Jacinto CFD 2020-1 (Annex. No. 2) - Resolution 3899 Calling Election (CFD 2020-1 Annex No. 2 - Cottonwood Commons - -4- 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 District. (d) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: the name of the landowner, the address of the landowner, 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, the printed name and signature of the voter, the address of the voter, the date of signing and place of execution of said declaration, and a notice that the envelope contains an official ballot and is to be opened only by th e City Clerk. (e) The information-to-voter form to be mailed 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. (f) 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 as to the results of such canvass and the election on the proposition set forth in the official ballot. 4.2.a Packet Pg. 36 Attachment: San Jacinto CFD 2020-1 (Annex. No. 2) - Resolution 3899 Calling Election (CFD 2020-1 Annex No. 2 - Cottonwood Commons - PASSED, APPROVED, and ADOPTED this 4th day of January, 2022. AYES: NAYS: ABSENT: ABSTAIN: CITY OF SAN JACINTO _______________________________ Crystal Ruiz, Mayor ATTEST: __________________________ Julia Espinoza, Deputy City Clerk APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP __________________________________ Michael J. Maurer, City Attorney 4.2.a Packet Pg. 37 Attachment: San Jacinto CFD 2020-1 (Annex. No. 2) - Resolution 3899 Calling Election (CFD 2020-1 Annex No. 2 - Cottonwood Commons - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) CERTIFICATION I, Julia Espinoza, Deputy City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3899 was regularly passed, approved, and adopted by the Regular Meeting of the San Jacinto City Council held on the 4th of January, 2022: AYES: NAYS: ABSENT: ABSTAIN: WITNESS MY HAND AND OFFICIAL SEAL this 4th day of January, 2021. ________________________________ Julia Espinoza, Deputy City Clerk 4.2.a Packet Pg. 38 Attachment: San Jacinto CFD 2020-1 (Annex. No. 2) - Resolution 3899 Calling Election (CFD 2020-1 Annex No. 2 - Cottonwood Commons - EXHIBIT “A” OFFICIAL BALLOT SPECIAL ELECTION FOR SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA January 4, 2022 To vote, mark a cross (+ or X) in the voting square 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. PROPOSITION A: Shall Proposition A authorizing the annual levy of special taxes on taxable property in the territory proposed to be annexed to San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California, to pay the costs of services to be provided for (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 elec tric current, materials, contracted services, and the necessary maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition; and (c) any other services authorized under the Mello- Roos Community Facilities Act of 1982, and to pay costs associated with the determination of the amount of and the levy and collection of the special taxes at the special tax rates as set forth in Exhibit “C” to Resolution No. 3891 be approved? Y YES N NO 4.2.a Packet Pg. 39 Attachment: San Jacinto CFD 2020-1 (Annex. No. 2) - Resolution 3899 Calling Election (CFD 2020-1 Annex No. 2 - Cottonwood Commons - STATE OF CALIFORNIA ) RESOLUTION NO. 3900 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING THE RESULTS OF THE SPECIAL ELECTION FOR SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 ON THE PROPOSITION OF THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE TERRITORY PROPOSED TO BE ANNEXED TO SAID COMMUNITY FACILITIES DISTRICT TO PAY THE COSTS OF CERTAIN SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT, DETERMINING THAT THE TERRITORY PROPOSED TO BE ANNEXED IS ADDED TO AND PART OF SAID COMMUNITY FACILITIES DISTRICT WITH FULL LEGAL EFFECT, AND ORDERING THE RECORDING OF A MAP OF THE BOUNDARIES OF SAID COMMUNITY FACILITIES DISTRICT INCLUDING THE TERRITORY ANNEXED THERETO (ANNEXATION NO. 2 TO CFD 2020- 1 (TAX ZONE NO. 3)) WHEREAS, the City Council (the “City Council”) of the City of San Jacinto (the “City”) has heretofore conducted proceedings for the annexation of approximately 34.72 acres of land to San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California (the “District”) including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for January 4, 2022, and submitting to the qualified electors of the territory to be annexed to the District the question of levying special taxes within that territory to pay the costs of (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 street lights, traffic signals and appurtenance facilities, including, but not limited to, furnishing of electric current , materials, contracted services, and the necessary maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition; and (c) any other services authorized under the Mello-Roos Community Facilities Act of 1982; and the costs associated with the determination of the amount of and levy and collection of special taxes which will be levied to provide the services and costs otherwise incurred in order to carry out the authorized purposes of the District (the "Election Resolution"); and 4.2.b Packet Pg. 40 Attachment: San Jacinto CFD 2020-1 (Annex. No. 2) - Resolution 3900 Declaring Results (CFD 2020-1 Annex No. 2 - Cottonwood Commons - -2- WHEREAS, the City Council has received a statement from the City Clerk (the "City Clerk"), who pursuant to the Election Resolution was authorized to conduct such special election and act as the election official therefor, with respect to the canvass of the ballots returned in and the results of said special election, certifyi ng that at least two-thirds of the votes cast upon the proposition submitted to the qualified electors in said special election were in favor of such proposition. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, as follows: Section 1. Recitals. The above recitals are true and correct and are hereby incorporated into this resolution. Section 2. Findings. The City Council finds that: (i) there are no registered voters residing within the territory proposed to be annexed to the District (the "Territory") at the time of the close of the public hearing on January 4, 2022, and pursuant to Section 53326 of the Government Code, the vote in said special election was, therefore, to be by the landowners owning land within the Territory, with each landowner having one vote for each acre or portion thereof of land that he or she owned within the Territory; (ii) pursuant to said Section 53326 and the Election Resolution, the City Clerk caused to be delivered an official ballot for the special election to the owner of the land within the Territory, with return postage prepaid; (iii) s aid special election has been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution; (iv) pursuant to said Section 53326, Cottonwood Commons, LP, the owner of all the land within the Territory, was entitled to thirty five (35) votes; (v) said landowner returned its ballot to the City Clerk prior to the time set by the City Clerk for the close of the election on January 4, 2022; (vi) the ballot returned to the City Clerk by said landowner voted all votes of said landowner in favor of the proposition set forth therein; (vii) at least two-thirds of the votes cast in such special election on said proposition were in favor thereof, and pursuant to Sections 53328 and 53329 of the Government Code, said propos ition carried; (ix) pursuant to Section 53339.8 of the Government Code, the City Council is authorized to determine that the Territory to be annexed has been added to and become a part of the District with full legal effect; and (x) the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the Territory to pay the costs of the services to be provided by the District. Section 3. Declaration of Results. At least two-thirds of the votes voted in the special election on the proposition of the annual levy of special taxes within the Territory to pay the costs of the services to be provided by the District were voted in favor thereof, and such proposition carried. Section 4. Annexation. The Territory is annexed and added to and is a part of the District with full legal effect, and the City Council shall annually levy special taxes within the Territory at the rates as specified in Resolution No. 3891 adopted by the City Council on November 16, 2021, to pay costs of certain services to be provided by the District. The boundaries of the Territory are shown on the map entitled , 4.2.b Packet Pg. 41 Attachment: San Jacinto CFD 2020-1 (Annex. No. 2) - Resolution 3900 Declaring Results (CFD 2020-1 Annex No. 2 - Cottonwood Commons - -3- “Annexation Map No. 2, Community Facilities District No. 2020-1 (Tax Zone No. 3) of the City of San Jacinto, County of Riverside, State of California,” which was recorded on November 24th, 2021, in the office of the County Recorder of the County of Riverside as Document No. 2021-0700334. Section 5. Notice. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of Riverside an amendment of the notice of special tax lien and a map of the amended boundaries of the District including the Territory. 4.2.b Packet Pg. 42 Attachment: San Jacinto CFD 2020-1 (Annex. No. 2) - Resolution 3900 Declaring Results (CFD 2020-1 Annex No. 2 - Cottonwood Commons - PASSED, APPROVED, and ADOPTED this 4th day of January, 2022. AYES: NAYS: ABSENT: ABSTAIN: CITY OF SAN JACINTO _______________________________ Crystal Ruiz, Mayor ATTEST: __________________________ Julia Espinoza, Deputy City Clerk APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP __________________________________ Michael J. Maurer, City Attorney 4.2.b Packet Pg. 43 Attachment: San Jacinto CFD 2020-1 (Annex. No. 2) - Resolution 3900 Declaring Results (CFD 2020-1 Annex No. 2 - Cottonwood Commons - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) CERTIFICATION I, Julia Espinoza, Deputy City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3900 was regularly passed, approved, and adopted by the Regular Meeting of the San Jacinto City Council held on the 4th of January, 2022: AYES: NAYS: ABSENT: ABSTAIN: WITNESS MY HAND AND OFFICIAL SEAL this 4th day of January, 2022. ________________________________ Julia Espinoza, Deputy City Clerk 4.2.b Packet Pg. 44 Attachment: San Jacinto CFD 2020-1 (Annex. No. 2) - Resolution 3900 Declaring Results (CFD 2020-1 Annex No. 2 - Cottonwood Commons - 1 STATE OF CALIFORNIA) ORDINANCE NO. 21-11 COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 2 (TAX ZONE NO. 3), INTO SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 A. Recital 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 purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, the rate and method of apportionment of special tax for the District is set forth in Exhibit “C” to the City Council Resolution No. 3891, which was adopted on November 16, 2021; and WHEREAS the City has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for the annexation (the “Annexation Territory”), the City Council, on January 4, 2022, adopted a Resolution which declared the results of the special election and determined that the territory proposed to be annexed is added to and part of the District. B. Ordinance NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2020-1, DOES HEREBY ORDAIN AS FOLLOWS: 4.2.c Packet Pg. 45 Attachment: San Jacinto CFD 2020-1 (Annex. No. 2) - Ordinance No 21-11 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) 2 Section 1. The foregoing recitals are true and correct. Section 2. By the passage of this Ordinance, the City Co uncil hereby authorizes and levies the special tax within the District, including the Annexation Territory, pursuant to the Community Facilities District Law, at the rate and in accordance with the rate and method of apportionment of special tax set forth in Resolution No. 3891, which rate and method is by this reference incorporated herein. The special tax has previously been levied in the original territory of the District beginning in Fiscal Year 2020 pursuant to Ordinance No. 20-08 passed and adopted by the City Council on July 7, 2020, and the special tax is hereby levied commencing in Fiscal Year 2022/23 in the District, including the Annexation Territory identified as Annexation No. 2 (Tax Zone No. 3), and in each fiscal year thereafter to pay for the services for the District and the costs of administering the District. Section 3. The City Manager of the City or designee or 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 District, including the Annexation Territory, in the manner and as provided in Resolution No. 3891. Section 4. Exemptions from the levy of the special tax shall be as provided in Resolution No. 3891 and the applicable provisions of the Community Facilities District Law. In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in Resolution No. 3891. Section 5. All of the collections of the special tax shall be used as provided in the Community Facilities District Law and in Resolution No. 3891, including, but not limited to, the payment of the costs of the se rvices, the payment of the costs of the City in administering the District, and the costs of collecting and administering the special tax. Section 6. The special tax shall be collected in the same manner and at the same time 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 District may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. The City Manager of the City, or his 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 2022/23 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City. Section 7. 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 District, including the Annexation Territory, by a court of competent jurisdiction, the balance of 4.2.c Packet Pg. 46 Attachment: San Jacinto CFD 2020-1 (Annex. No. 2) - Ordinance No 21-11 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) 3 this Ordinance and the application of the special tax to the remaining parcels within the District, including the Annexation Territory, shall not be affected. Section 8. The Mayor shall sign this Ordinance and the City Clerk shall cause the same, or a summary of it, to be published immediately after its passage at least once in a newspaper of general circulation for the City. Section 9. This Ordinance shall take effect 30 days from the date of final passage. 4.2.c Packet Pg. 47 Attachment: San Jacinto CFD 2020-1 (Annex. No. 2) - Ordinance No 21-11 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) 4 PASSED, APPROVED, and ADOPTED this 4th day of January, 2022. AYES: NAYS: ABSENT: ABSTAIN: CITY OF SAN JACINTO _______________________________ Crystal Ruiz, Mayor ATTEST: __________________________ Julia Espinoza, Deputy City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP __________________________ Michael J. Maurer, City Attorney 4.2.c Packet Pg. 48 Attachment: San Jacinto CFD 2020-1 (Annex. No. 2) - Ordinance No 21-11 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) CERTIFICATION I, Julia Espinoza, Deputy City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Ordinance No. 21-11 was regularly passed, approved, and adopted by the Regular Meeting of the San Jacinto City Council held on the 4th of January, 2022: AYES: NAYS: ABSENT: ABSTAIN: WITNESS MY HAND AND OFFICIAL SEAL this 4th day of January, 2022. ________________________________ Julia Espinoza, Deputy City Clerk 4.2.c Packet Pg. 49 Attachment: San Jacinto CFD 2020-1 (Annex. No. 2) - Ordinance No 21-11 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) November 16, 2021 TO: City Council REQUESTED BY: Erika Gomez, Finance Director APPROVED BY: Robert A. Johnson, City Manager SUBJECT: CFD 2020-1 Annex Cottonwood Commons - Intent RECOMMENDATION: Staff recommends that the City Council adopt the Resolution of Intention to Annex Territory, located on the north-west corner of Sanderson Avenue and Cottonwood Avenue, 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 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 January 4, 2022, 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 necessary 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 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 3.A.6 Packet Pg. 114 4.2.d Packet Pg. 50 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) 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 2022/23, it is anticipated that the CFD will collect $12,463.58 in special tax revenue and, if applicable, $41,886.20 in Contingent Special Tax revenue. ATTACHMENTS: CFD 2020-1 Annex 2 Resolution No. 3891 - Intention CFD 2020-1 Annex 2 Boundary Map 3.A.6 Packet Pg. 115 4.2.d Packet Pg. 51 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) STATE OF CALIFORNIA ) RESOLUTION NO. 3891 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. 2 TO CFD 2020-1 (TAX ZONE NO.3)) 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 purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; 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. Section 4. Description of Territory Proposed To Be Annexed; Annexation Map. The territory which is included in the District is described on the map 3.A.6.a Packet Pg. 116 Attachment: CFD 2020-1 Annex 2 Resolution No. 3891 - Intention (CFD 2020-1 Annex Cottonwood Commons - Intent)4.2.d Packet Pg. 52 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) -2- 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. 2, Community Facilities District No. 2020-1 (Tax Zone No. 3) 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 provid ing 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 an nexed 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 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. 3.A.6.a Packet Pg. 117 Attachment: CFD 2020-1 Annex 2 Resolution No. 3891 - Intention (CFD 2020-1 Annex Cottonwood Commons - Intent)4.2.d Packet Pg. 53 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) -3- Section 8. Hearing. A public hearing on the proposed annexation of said territory to the District shall be held at 6:30 p.m. on Tuesday, January 4, 2022, in the San Jacinto Community Center, located at 625 S. Pico Avenue, San Jacinto, California. 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 t he 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 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 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 wit hin 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 3.A.6.a Packet Pg. 118 Attachment: CFD 2020-1 Annex 2 Resolution No. 3891 - Intention (CFD 2020-1 Annex Cottonwood Commons - Intent)4.2.d Packet Pg. 54 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) -4- 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 Sect ion 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 such statement, analysis and arguments may be waived with the unanimous consent of all the landowners of the territory propose d 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 shall 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 t o 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: 3.A.6.a Packet Pg. 119 Attachment: CFD 2020-1 Annex 2 Resolution No. 3891 - Intention (CFD 2020-1 Annex Cottonwood Commons - Intent)4.2.d Packet Pg. 55 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) -5- (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 Clerk. (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. 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. 3.A.6.a Packet Pg. 120 Attachment: CFD 2020-1 Annex 2 Resolution No. 3891 - Intention (CFD 2020-1 Annex Cottonwood Commons - Intent)4.2.d Packet Pg. 56 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) PASSED, APPROVED, and ADOPTED this 16th day of November, 2021. AYES: NAYS: ABSENT: ABSTAIN: CITY OF SAN JACINTO _______________________________ Alonso Ledezma, Mayor ATTEST: __________________________ Julia Espinoza, Deputy City Clerk APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP __________________________________ Michael J. Maurer, City Attorney 3.A.6.a Packet Pg. 121 Attachment: CFD 2020-1 Annex 2 Resolution No. 3891 - Intention (CFD 2020-1 Annex Cottonwood Commons - Intent)4.2.d Packet Pg. 57 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) I, Julia Espinosa, Deputy City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3891 was regularly passed, approved, and adopted by the Regular Meeting of the San Jacinto City Council held on the 16th of November, 2021: AYES: NAYS: ABSENT: ABSTAIN: WITNESS MY HAND AND OFFICIAL SEAL this 16th day of November, 2021. ________________________________ Julia Espinoza, Deputy City Clerk 3.A.6.a Packet Pg. 122 Attachment: CFD 2020-1 Annex 2 Resolution No. 3891 - Intention (CFD 2020-1 Annex Cottonwood Commons - Intent)4.2.d Packet Pg. 58 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) A-1 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: : 432-130-016, 432-130-017, 432-130-018, 432-130-020, 432-130-022 & 432-130- 024 3.A.6.a Packet Pg. 123 Attachment: CFD 2020-1 Annex 2 Resolution No. 3891 - Intention (CFD 2020-1 Annex Cottonwood Commons - Intent)4.2.d Packet Pg. 59 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) B-1 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, replaceme nt, 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 required to keep the improvements in operational and satisfactory condition; and (c) any other services authorized under the Act. 3.A.6.a Packet Pg. 124 Attachment: CFD 2020-1 Annex 2 Resolution No. 3891 - Intention (CFD 2020-1 Annex Cottonwood Commons - Intent)4.2.d Packet Pg. 60 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) C-1 24438.02015\33413420.3 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. “Affordable Multi-Family Property” means Multi-Family Property that is also Affordable Housing Property. 3.A.6.a Packet Pg. 125 Attachment: CFD 2020-1 Annex 2 Resolution No. 3891 - Intention (CFD 2020-1 Annex Cottonwood Commons - Intent)4.2.d Packet Pg. 61 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) C-2 24438.02015\33413420.3 “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. “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. 3.A.6.a Packet Pg. 126 Attachment: CFD 2020-1 Annex 2 Resolution No. 3891 - Intention (CFD 2020-1 Annex Cottonwood Commons - Intent)4.2.d Packet Pg. 62 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) C-3 24438.02015\33413420.3 “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. “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. 3.A.6.a Packet Pg. 127 Attachment: CFD 2020-1 Annex 2 Resolution No. 3891 - Intention (CFD 2020-1 Annex Cottonwood Commons - Intent)4.2.d Packet Pg. 63 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) C-4 24438.02015\33413420.3 “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. “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 3.A.6.a Packet Pg. 128 Attachment: CFD 2020-1 Annex 2 Resolution No. 3891 - Intention (CFD 2020-1 Annex Cottonwood Commons - Intent)4.2.d Packet Pg. 64 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) C-5 24438.02015\33413420.3 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 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. 3.A.6.a Packet Pg. 129 Attachment: CFD 2020-1 Annex 2 Resolution No. 3891 - Intention (CFD 2020-1 Annex Cottonwood Commons - Intent)4.2.d Packet Pg. 65 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) C-6 24438.02015\33413420.3 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. 3.A.6.a Packet Pg. 130 Attachment: CFD 2020-1 Annex 2 Resolution No. 3891 - Intention (CFD 2020-1 Annex Cottonwood Commons - Intent)4.2.d Packet Pg. 66 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) C-7 24438.02015\33413420.3 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 for 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. 3.A.6.a Packet Pg. 131 Attachment: CFD 2020-1 Annex 2 Resolution No. 3891 - Intention (CFD 2020-1 Annex Cottonwood Commons - Intent)4.2.d Packet Pg. 67 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) C-8 24438.02015\33413420.3 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 change d in favor of the property owner, no cash refund shall be made for prior years’ Special Taxes, but an adjustment shall be made to credit future Special Taxes. 3.A.6.a Packet Pg. 132 Attachment: CFD 2020-1 Annex 2 Resolution No. 3891 - Intention (CFD 2020-1 Annex Cottonwood Commons - Intent)4.2.d Packet Pg. 68 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) C-9 24438.02015\33413420.3 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. 3.A.6.a Packet Pg. 133 Attachment: CFD 2020-1 Annex 2 Resolution No. 3891 - Intention (CFD 2020-1 Annex Cottonwood Commons - Intent)4.2.d Packet Pg. 69 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) C-1 24438.02015\33413420.3 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 3 432-130-016, 432-130-017, 432-130-018, 432-130-020, 432-130-022 & 432-130-024 2022/23 $358.97/Acre $12,463.58 * 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 3 432-130-016, 432-130-017, 432-130-018, 432-130-020, 432-130-022 & 432-130-024 2022/23 $1,206.40/Acre $41,886.20 * 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.6.a Packet Pg. 134 Attachment: CFD 2020-1 Annex 2 Resolution No. 3891 - Intention (CFD 2020-1 Annex Cottonwood Commons - Intent)4.2.d Packet Pg. 70 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) ANNEXATION MAP NO. 2 OFCITY OF SAN JACINTOCOMMUNITY FACILITIES DISTRICT NO. 2020-1ANNEXATION NO. 2 (TAX ZONE NO. 3) 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 . 2 TO CITYOF SAN JACINTO CO MMUNITY FACILITIES DISTRICT NO. 2020-1 ANNEXATION NO. 2 (TAX ZONE NO . 3), COUNTY O FRIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY CO UNCIL O F THE CITY OF SAN JACINTO , AT AMEETING THER EO F, HELD O N THE _____ DAY OF ____________, 20____, BY ITS RESOL UTIO N 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 CALIFORNIA COTTONWOOD AVECOTTONWOOD AVE SANDERSON AVESANDERSON AVE432-130-022 432-130-020 432-130-024 432-130-016 432-130-017 432-130-018 Sheet 1 of 1 Source: Riverside County GISGeographic Coordinate Reference: GCS North American 1983Projection: NAD 1983 StatePlane California VI FIPS 0406 Feet State StSeve nth StWarren RdLyon AveEsplanade Av eSanderson AveCottonwood AveRamona BlvdKirby StPalm AveSeve nth St Ramona Expy Cawston Avede Anza DrPotter RdYoung StPony Trail RdPalm AveCottonw oo d Ave Eaton Ave State StCawston Avede Anza DrCFD BOUNDARY CFD PARCELS PARCELS 0 250 500125 Feet O 3.A.6.b Packet Pg. 135 Attachment: CFD 2020-1 Annex 2 Boundary Map (CFD 2020-1 Annex Cottonwood Commons - Intent)4.2.d Packet Pg. 71 Attachment: Reso 3891_Reso of Intent_Cottonwood CFD 2020-1 Annex 2 (CFD 2020-1 Annex No. 2 - Cottonwood Commons - Public Hearing) January 4, 2022 TO: City Council REQUESTED BY: Erika Gomez, Finance Director APPROVED BY: Robert A. Johnson, City Manager SUBJECT: CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing RECOMMENDATION Staff recommends that the City Council: 1. HOLD the Public Hearing related to the Annexation of Territory into CFD 2020-1. 2. ADOPT Resolution 3897, authorizing the annexation of territory into CFD 2020-1 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 3898, declaring the results of a Special Annexation Landowner Election and directing the recording of an amended Notice of Special Tax Lien. 5. INTRODUCE Ordinance 21-10, levying a Special Tax within CFD 2020-1, including Annexation No. 4, for a first reading. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO 4 (TAX ZONE 5), INTO SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 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 facilit ies (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. 4.3 Packet Pg. 72 The City will utilize the CFD as a tool to tax new 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. Based upon a petition from the property owner, the City Council declared its intention to annex this territory, commonly known as Quality Buds, located at 301 N. State Street, into CFD 2020-1 by adopting Resolution 3890 at their meeting of November 16, 2021, which also established the Public Hearing date tonight. 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 CFD special tax will be levied on property within the annexed territory to provide additional funding for the Services within the annexed territory. This project will not be levied the Contingent Special Tax unless the developer fails to perform the landscape maintenance to the City’s standards. Both components of the special tax 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%. ATTACHMENTS: San Jacinto CFD 2020-1 (Annex. No. 4) - Resolution 3897 Calling Election San Jacinto CFD 2020-1 (Annex. No. 4) - Resolution 3898 Declaring Results San Jacinto CFD 2020-1 (Annex. No. 4) - Ordinance 21-10 Reso 3890_Reso of Intent_Quality Buds Annex 4.3 Packet Pg. 73 STATE OF CALIFORNIA ) RESOLUTION NO. 3897 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN J ACINTO CALLING SPECIAL ELECTION AND SUBMITTING TO THE QUALIFIED ELECTORS OF TERRITORY PROPOSED TO BE ANNEXED TO SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 THE QUESTION OF LEVYING SPECIAL TAXES WITHIN THAT TERRITORY (ANNEXATION NO. 4 TO CFD 2020-1 (TAX ZONE NO. 5)) WHEREAS, the City Council (the “City Council”) of the City of San Jacinto (the “City”) has heretofore conducted proceedings for the establishment of and 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 purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; 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; and WHEREAS, on November 16, 2021, the City Council adopted Resolution No. 3890, a resolution of intention to annex territory to the District pursuant to Section 53339.2 of the California Government Code, determining that the public convenience and necessity require that certain property, consisting of approximately 0.65 acres, be annexed to the District and containing all of the matters prescribed by Section 53339.3 of said Code, and fixing 6:30 p.m., or as soon thereafter as the matter may be heard, on January 4, 2022, in the San Jacinto Community Center, located at 625 S. Pico Avenue , San Jacinto, California, as the time and place for a hearing upon said resolution; and WHEREAS, pursuant to said resolution, the City Clerk has published and mailed notice of the time and place of said hearing as required by Section 53339.4 of said Code; and WHEREAS, on January 4, 2022, at the time and place of said hearing, the City Council afforded all interested persons for or against the annexation of said property to the District an opportunity to present testimony and to protest against the proposed annexation of said property to the District, and no protests, either oral or in writing, were received; and 4.3.a Packet Pg. 74 Attachment: San Jacinto CFD 2020-1 (Annex. No. 4) - Resolution 3897 Calling Election (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) -2- WHEREAS, pursuant to Section 53339.7 of said Code, the City Council may now submit the question of levying a special tax within the territory propo sed to be annexed to the District to the qualified electors within that territory. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, as follows: Section 1. Findings. The City Council finds that: (i) the foregoing recitals are correct; (ii) less than 12 persons have been registered to vote within the territory proposed to be annexed to the District during the 90 days preceding the close of the public hearing held on January 4, 2022, and no persons are registered to vote therein; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the territory proposed to be annexed to the District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within said territory which woul d be subject to the proposed special taxes if they were levied at the time of the election; and (iv) pursuant to said Section 53326, the special election must be held at least 90 days, but not more than 180 days following the date of the adoption of this resolution, unless such time periods are waived with the unanimous waiver of the qualified electors. All of the qualified electors in the territory to be annexed waived the time limits and election formalities of the special election. Section 2. Special Election. A special election is called for and shall be held on January 4, 2022, for the purpose of submitting to the qualified electors of the territory proposed to be annexed to the District the question of whether special taxes shall annually be levied within said territory to pay the costs of (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 required to keep the improvements in operational and satisfactory condition; and (c) any other services authorized under the Mello-Roos Community Facilities Act of 1982, the costs associated with the determination of the amount of and levy and collection of special taxes which will be levied to provide the services, and costs otherwise incurred in order to carry out the authorized purposes of the District pursuant to the Rates and Method of Apportionment of the Speci al Taxes, attached as Exhibit "C" to Resolution No. 3890. Section 3. Ballot Proposition. The proposition to be submitted on January 4, 2022, to the qualified electors of the territory proposed to be annexed to the District shall be as follows: 4.3.a Packet Pg. 75 Attachment: San Jacinto CFD 2020-1 (Annex. No. 4) - Resolution 3897 Calling Election (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) -3- Proposition A Shall Proposition A authorizing the annual levy of special taxes on taxable property in the territory proposed to be annexed to San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California, to pay the costs of services to be provided for (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 required to keep the improvements in operational and satisfactory condition; and (c) any other services authorized under the Mello-Roos Community Facilities Act of 1982, and to pay costs associated with the determination of the amount of and the levy and collection of the special taxes at the special tax rates as set forth in Exhibit “C” to Resolution No. 3890 be approved? Section 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk (the "City Clerk") pursuant to the provisions of the California Elections Code governing elections of cities, and the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable. Section 5. Election Procedures. The procedures to be followed in conducting said election shall be as follows: (a) Pursuant to Section 53326 of the California Government Code, 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. (b) Pursuant to applicable sections of the aforementioned provisions of the California Elections Code governing the conduct of mail ballot elections, including in particular Division 4 (commencing with Section 4000) of said Code, the City Clerk shall mail or deliver to each qualified elector an official ballot in the fo rm attached hereto as Exhibit "A” 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 return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of Resolution No. 3890. (c) The official ballot to be mailed 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 shall certify that 4.3.a Packet Pg. 76 Attachment: San Jacinto CFD 2020-1 (Annex. No. 4) - Resolution 3897 Calling Election (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) -4- 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 District. (d) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: the name of the landowner, the address of the landowner, 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 ident ification envelope, the printed name and signature of the voter, the address of the voter, the date of signing and place of execution of said declaration, and a notice that the envelope contains an official ballot and is to be opened only by the City Clerk . (e) The information-to-voter form to be mailed 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. (f) 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 as to the results of such canvass and the election on the proposition set forth in the official ballot. 4.3.a Packet Pg. 77 Attachment: San Jacinto CFD 2020-1 (Annex. No. 4) - Resolution 3897 Calling Election (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) PASSED, APPROVED, and ADOPTED this 4th day of January, 2022. AYES: NAYS: ABSENT: ABSTAIN: CITY OF SAN JACINTO _______________________________ Crystal Ruiz, Mayor ATTEST: __________________________ Julia Espinoza, Deputy City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP __________________________ Michael J. Maurer, City Attorney 4.3.a Packet Pg. 78 Attachment: San Jacinto CFD 2020-1 (Annex. No. 4) - Resolution 3897 Calling Election (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) CERTIFICATION I, Julia Espinoza, Deputy City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3897 was regularly passed, approved, and adopted by the Regular Meeting of the San Jacinto City Council held on the 4th of January, 2022: AYES: NAYS: ABSENT: ABSTAIN: WITNESS MY HAND AND OFFICIAL SEAL this 4th day of January, 2022. ________________________________ Julia Espinoza, Deputy City Clerk 4.3.a Packet Pg. 79 Attachment: San Jacinto CFD 2020-1 (Annex. No. 4) - Resolution 3897 Calling Election (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) EXHIBIT “A” OFFICIAL BALLOT SPECIAL ELECTION FOR SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA January 4, 2022 To vote, mark a cross (+ or X) in the voting square 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. PROPOSITION A: Shall Proposition A authorizing the annual levy of special taxes on taxable property in the territory proposed to be annexed to San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California, to pay the costs of services to be provided for (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 elec tric current, materials, contracted services, and the necessary maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition; and (c) any other services authorized under the Mello- Roos Community Facilities Act of 1982, and to pay costs associated with the determination of the amount of and the levy and collection of the special taxes at the special tax rates as set forth in Exhibit “C” to Resolution No. 3890 be approved? Y YES N NO 4.3.a Packet Pg. 80 Attachment: San Jacinto CFD 2020-1 (Annex. No. 4) - Resolution 3897 Calling Election (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) STATE OF CALIFORNIA ) RESOLUTION NO. 3898 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING THE RESULTS OF THE SPECIAL ELECTION FOR SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 ON THE PROPOSITION OF THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE TERRITORY PROPOSED TO BE ANNEXED TO SAID COMMUNITY FACILITIES DISTRICT TO PAY THE COSTS OF CERTAIN SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT, DETERMINING THAT THE TERRITORY PROPOSED TO BE ANNEXED IS ADDED TO AND PART OF SAID COMMUNITY FACILITIES DISTRICT WITH FULL LEGAL EFFECT, AND ORDERING THE RECORDING OF A MAP OF THE BOUNDARIES OF SAID COMMUNITY FACILITIES DISTRICT INCLUDING THE TERRITORY ANNEXED THERETO (ANNEXATION NO. 4 TO CFD 2020- 1 (TAX ZONE NO. 5)) WHEREAS, the City Council (the “City Council”) of the City of San Jacinto (the “City”) has heretofore conducted proceedings for the annexation of approximately 0.65 acres of land to San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California (the “District”) including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for January 4, 2022, and submitting to the qualified electors of the territory to be annexed to the District the question of levying special taxes within that territory to pay the costs of (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 street lights, traffic signals and appurtenance facilities, including, but not limited to, furnishing of electric current , materials, contracted services, and the necessary maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition; and (c) any other services authorized under the Mello-Roos Community Facilities Act of 1982; and the costs associated with the determination of the amount of and levy and collection of special taxes which will be levied to provide the services and costs otherwise incurred in order to carry out the authorized purposes of the District (the "Election Resolution"); and 4.3.b Packet Pg. 81 Attachment: San Jacinto CFD 2020-1 (Annex. No. 4) - Resolution 3898 Declaring Results (CFD 2020-1 Annex No. 4 - Quality Buds - Public -2- WHEREAS, the City Council has received a statement from the City Clerk (the "City Clerk"), who pursuant to the Election Resolution was authorized to conduct such special election and act as the election official therefor, with respect to the canvass of the ballots returned in and the results of said special election, certifyi ng that at least two-thirds of the votes cast upon the proposition submitted to the qualified electors in said special election were in favor of such proposition. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, as follows: Section 1. Recitals. The above recitals are true and correct and are hereby incorporated into this resolution. Section 2. Findings. The City Council finds that: (i) there are no registered voters residing within the territory proposed to be annexed to the District (the "Territory") at the time of the close of the public hearing on January 4, 2022, and pursuant to Section 53326 of the Government Code, the vote in said special election was, therefore, to be by the landowners owning land within the Territory, with each landowner having one vote for each acre or portion thereof of land that he or she owned within the Territory; (ii) pursuant to said Section 53326 and the Election Resolution, the City Clerk caused to be delivered an official ballot for the special election to the owner of the land within the Territory, with return postage prepaid; (iii) s aid special election has been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution; (iv) pursuant to said Section 53326, Majdi Rahman, the owner of all the land within the Territory, was entitled to one (1) vote; (v) said landowner returned its ballot to the City Clerk prior to the time set by the City Clerk for the close of the election on January 4, 2022; (vi) the ballot returned to the City Clerk by said landowner voted all votes of said landowner in favor of the proposition set forth therein; (vii) at least two-thirds of the votes cast in such special election on said proposition were in favor thereof, and pursuant to Sections 53328 and 53329 of the Government Code, said proposition carried; (ix) pursuant to Section 53339.8 of the Government Code, the City Council is authorized to determine that the Territory to be annexed has been added to and become a part of the District with full legal effect; and (x) the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the Territory to pay the costs of the services to be provided by the District. Section 3. Declaration of Results. At least two-thirds of the votes voted in the special election on the proposition of the annual levy of special taxes within the Territory to pay the costs of the services to be provided by the District were voted in favor thereof, and such proposition carried. Section 4. Annexation. The Territory is annexed and added to and is a part of the District with full legal effect, and the City Council shall annually levy special taxes within the Territory at the rates as specified in Resolution No. 3890 adopted by the City Council on November 16, 2021, to pay costs of certain services to be provided by the District. The boundaries of the Territory are shown on the map entitled , 4.3.b Packet Pg. 82 Attachment: San Jacinto CFD 2020-1 (Annex. No. 4) - Resolution 3898 Declaring Results (CFD 2020-1 Annex No. 4 - Quality Buds - Public -3- “Annexation Map No. 4, Community Facilities District No. 2020-1 (Tax Zone No. 5) of the City of San Jacinto, County of Riverside, State of California,” which was recorded on November 24th, 2021, in the office of the County Recorder of the County of Riverside as Document No. 2021-0700333. Section 5. Notice. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of Riverside an amendment of the notice of special tax lien and a map of the amended boundaries of the District including the Territory. PASSED, APPROVED, and ADOPTED this 4th day of January, 2022. AYES: NAYS: ABSENT: ABSTAIN: CITY OF SAN JACINTO _______________________________ Crystal Ruiz, Mayor ATTEST: __________________________ Julia Espinoza, Deputy City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP __________________________ Michael J. Maurer, City Attorney 4.3.b Packet Pg. 83 Attachment: San Jacinto CFD 2020-1 (Annex. No. 4) - Resolution 3898 Declaring Results (CFD 2020-1 Annex No. 4 - Quality Buds - Public STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) CERTIFICATION I, Julia Espinoza, Deputy City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3898 was regularly passed, approved, and adopted by the Regular Meeting of the San Jacinto City Council held on the 4th of January 2022: AYES: NAYS: ABSENT: ABSTAIN: WITNESS MY HAND AND OFFICIAL SEAL this 4th day of January, 2022. ________________________________ Julia Espinoza, Deputy City Clerk 4.3.b Packet Pg. 84 Attachment: San Jacinto CFD 2020-1 (Annex. No. 4) - Resolution 3898 Declaring Results (CFD 2020-1 Annex No. 4 - Quality Buds - Public 1 STATE OF CALIFORNIA) ORDINANCE NO. 21-10 COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 4 (TAX ZONE NO. 5), INTO SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 A. Recital 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 purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, the rate and method of apportionment of special tax for the District is set forth in Exhibit “C” to the City Council Resolution No. 3890, which was adopted on November 16, 2021; and WHEREAS the City has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for the annexation (the “Annexation Territory”), the City Council, on January 4, 2022, adopted a Resolution which declared the results of the special election and determined that the territory proposed to be annexed is added to and part of the District. B. Ordinance NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2020-1, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The foregoing recitals are true and correct. Section 2. By the passage of this Ordinance, the City Council hereby authorizes and levies the special tax within the District, including the Annexation Territory, pursuant to the Community Facilities District Law, at the rate and in accordance with the rate and meth od of apportionment of special tax set forth in 4.3.c Packet Pg. 85 Attachment: San Jacinto CFD 2020-1 (Annex. No. 4) - Ordinance 21-10 (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) 2 Resolution No. 3890, which rate and method is by this reference incorporated herein. The special tax has previously been levied in the original territory of the District beginning in Fiscal Year 2020 pursuant to Ordinance No. 20-08 passed and adopted by the City Council on July 7, 2020, and the special tax is hereby levied commencing in Fiscal Year 2022/23 in the District, including the Annexation Territory identified as Annexation No. 4 (Tax Zone No. 5), and in each fiscal year thereafter to pay for the services for the District and the costs of administering the District. Section 3. The City Manager of the City or designee or 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 District, including the Annexation Territory, in the manner and as provided in Resolution No. 3890. Section 4. Exemptions from the levy of the special tax shall be as provided in Resolution No. 3890 and the applicable provisions of the Community Facilities District Law. In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in Resolution No. 3890. Section 5. All of the collections of the special tax shall be used as provided in the Community Facilities District Law and in Resolution No. 3890, including, but not limited to, the payment of the costs of the services, the payment of the costs of the City in administering the District, and the costs of collecting and administering the special tax. Section 6. The special tax shall be collected in the same manner and at the same time 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 District may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. The City Manager of the City, or his 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 2022/23 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City. Section 7. 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 District, including the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the District, including the Annexation Territory, shall not be affected. Section 8. The Mayor shall sign this Ordinance and the City Clerk shall cause the same, or a summary of it, to be published immediately after its passage at least once in a newspaper of general circulation for the City. 4.3.c Packet Pg. 86 Attachment: San Jacinto CFD 2020-1 (Annex. No. 4) - Ordinance 21-10 (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) 3 Section 9. This Ordinance shall take effect 30 days from the date of final passage. PASSED, APPROVED, and ADOPTED this 18th day of January, 2022. AYES: NAYS: ABSENT: ABSTAIN: CITY OF SAN JACINTO _______________________________ Crystal Ruiz, Mayor ATTEST: __________________________ Julia Espinoza, Deputy City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP __________________________ Michael J. Maurer, City Attorney 4.3.c Packet Pg. 87 Attachment: San Jacinto CFD 2020-1 (Annex. No. 4) - Ordinance 21-10 (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) CERTIFICATION I, Julia Espinoza, Deputy City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Ordinance No. 21-10 was regularly passed, approved, and adopted by the Regular Meeting of the San Jacinto City Council held on the 4th of January 2022: AYES: NAYS: ABSENT: ABSTAIN: WITNESS MY HAND AND OFFICIAL SEAL this 18th day of January, 2022. ________________________________ Julia Espinoza, Deputy City Clerk 4.3.c Packet Pg. 88 Attachment: San Jacinto CFD 2020-1 (Annex. No. 4) - Ordinance 21-10 (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) November 16, 2021 TO: City Council REQUESTED BY: Erika Gomez, Finance Director APPROVED BY: Robert A. Johnson, City Manager SUBJECT: CFD 2020-1 Annex Quality Buds - Intent RECOMMENDATION: Staff recommends that the City Council adopt the Resolution of Int ention to Annex Territory, located at 301 N State 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 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 January 4, 2022, 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 necessary 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 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 be levied 3.A.5 Packet Pg. 92 4.3.d Packet Pg. 89 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) 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 2022/23, it is anticipated that the CFD will collect $6,778.80 in special tax revenue and, if applicable, $24,872.40 in Contingent Special Tax revenue. ATTACHMENTS: CFD 2020-1 Annex. 4 Resolution No. 3890 - Intention CFD 2020-1 Annex 4 Boundary Map 3.A.5 Packet Pg. 93 4.3.d Packet Pg. 90 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) STATE OF CALIFORNIA ) RESOLUTION NO. 3890 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. 4 TO CFD 2020-1 (TAX ZONE NO.5)) 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 purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; 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 condu ct 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. Section 4. Description of Territory Proposed To Be Annexed; Annexation Map. The territory which is included in the District is described on the map 3.A.5.a Packet Pg. 94 Attachment: CFD 2020-1 Annex. 4 Resolution No. 3890 - Intention (CFD 2020-1 Annex Quality Buds - Intent)4.3.d Packet Pg. 91 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) -2- 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. 3, Community Facilities District No. 2020-1 (Tax Zone No. 4) 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 owner s 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 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. 3.A.5.a Packet Pg. 95 Attachment: CFD 2020-1 Annex. 4 Resolution No. 3890 - Intention (CFD 2020-1 Annex Quality Buds - Intent)4.3.d Packet Pg. 92 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) -3- Section 8. Hearing. A public hearing on the proposed ann exation of said territory to the District shall be held at 6:30 p.m. on Tuesday, January 4, 2022, in the San Jacinto Community Center, located at 625 S. Pico Avenue, San Jacinto, California. 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 prescrib ed 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 da te selected by the City Council in conformance with the provisions of Section 53326 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 3.A.5.a Packet Pg. 96 Attachment: CFD 2020-1 Annex. 4 Resolution No. 3890 - Intention (CFD 2020-1 Annex Quality Buds - Intent)4.3.d Packet Pg. 93 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) -4- 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 ba llot 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 resoluti on; provided, however, that 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 shall 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: 3.A.5.a Packet Pg. 97 Attachment: CFD 2020-1 Annex. 4 Resolution No. 3890 - Intention (CFD 2020-1 Annex Quality Buds - Intent)4.3.d Packet Pg. 94 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) -5- (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 Clerk. (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. 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. 3.A.5.a Packet Pg. 98 Attachment: CFD 2020-1 Annex. 4 Resolution No. 3890 - Intention (CFD 2020-1 Annex Quality Buds - Intent)4.3.d Packet Pg. 95 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) PASSED, APPROVED, and ADOPTED this 16 day of November, 2021. AYES: NAYS: ABSENT: ABSTAIN: CITY OF SAN JACINTO: _____________________________ Alonso Ledezma, Mayor ATTEST: __________________________ Julia Espinoza, Deputy City Clerk APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP __________________________________ Michael J. Maurer, City Attorney 3.A.5.a Packet Pg. 99 Attachment: CFD 2020-1 Annex. 4 Resolution No. 3890 - Intention (CFD 2020-1 Annex Quality Buds - Intent)4.3.d Packet Pg. 96 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) CERTIFICATION I, Julia Espinoza, Deputy City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3890 was regularly passed, approved, and adopted by the Regular Meeting of the San Jacinto City Council held on the 16 of November, 2021: AYES: NAYS: ABSENT: ABSTAIN: WITNESS MY HAND AND OFFICIAL SEAL this 16th day of November 2021. ___________________________ Julia Espinoza, Deputy City Clerk 3.A.5.a Packet Pg. 100 Attachment: CFD 2020-1 Annex. 4 Resolution No. 3890 - Intention (CFD 2020-1 Annex Quality Buds - Intent)4.3.d Packet Pg. 97 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) A-1 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: 434-102-001 3.A.5.a Packet Pg. 101 Attachment: CFD 2020-1 Annex. 4 Resolution No. 3890 - Intention (CFD 2020-1 Annex Quality Buds - Intent)4.3.d Packet Pg. 98 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) B-1 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 required to keep the improvements in operational and satisfactory condition; and (c) any other services authorized under the Act. 3.A.5.a Packet Pg. 102 Attachment: CFD 2020-1 Annex. 4 Resolution No. 3890 - Intention (CFD 2020-1 Annex Quality Buds - Intent)4.3.d Packet Pg. 99 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) C-1 24438.02015\33413420.3 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. "Af fordable 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. "Affordable Multi-Family Property" means Multi-Family Property that is also Affordable Housing Property. 3.A.5.a Packet Pg. 103 Attachment: CFD 2020-1 Annex. 4 Resolution No. 3890 - Intention (CFD 2020-1 Annex Quality Buds - Intent)4.3.d Packet Pg. 100 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) C-2 24438.02015\33413420.3 "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. “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. 3.A.5.a Packet Pg. 104 Attachment: CFD 2020-1 Annex. 4 Resolution No. 3890 - Intention (CFD 2020-1 Annex Quality Buds - Intent)4.3.d Packet Pg. 101 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) C-3 24438.02015\33413420.3 “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. “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. 3.A.5.a Packet Pg. 105 Attachment: CFD 2020-1 Annex. 4 Resolution No. 3890 - Intention (CFD 2020-1 Annex Quality Buds - Intent)4.3.d Packet Pg. 102 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) C-4 24438.02015\33413420.3 “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 t o 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. “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 3.A.5.a Packet Pg. 106 Attachment: CFD 2020-1 Annex. 4 Resolution No. 3890 - Intention (CFD 2020-1 Annex Quality Buds - Intent)4.3.d Packet Pg. 103 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) C-5 24438.02015\33413420.3 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 cur rent 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 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. 3.A.5.a Packet Pg. 107 Attachment: CFD 2020-1 Annex. 4 Resolution No. 3890 - Intention (CFD 2020-1 Annex Quality Buds - Intent)4.3.d Packet Pg. 104 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) C-6 24438.02015\33413420.3 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. 3.A.5.a Packet Pg. 108 Attachment: CFD 2020-1 Annex. 4 Resolution No. 3890 - Intention (CFD 2020-1 Annex Quality Buds - Intent)4.3.d Packet Pg. 105 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) C-7 24438.02015\33413420.3 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 for 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. 3.A.5.a Packet Pg. 109 Attachment: CFD 2020-1 Annex. 4 Resolution No. 3890 - Intention (CFD 2020-1 Annex Quality Buds - Intent)4.3.d Packet Pg. 106 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) C-8 24438.02015\33413420.3 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 change d in favor of the property owner, no cash refund shall be made for prior years’ Special Taxes, but an adjustment shall be made to credit future Special Taxes. 3.A.5.a Packet Pg. 110 Attachment: CFD 2020-1 Annex. 4 Resolution No. 3890 - Intention (CFD 2020-1 Annex Quality Buds - Intent)4.3.d Packet Pg. 107 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) C-9 24438.02015\33413420.3 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. 3.A.5.a Packet Pg. 111 Attachment: CFD 2020-1 Annex. 4 Resolution No. 3890 - Intention (CFD 2020-1 Annex Quality Buds - Intent)4.3.d Packet Pg. 108 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) C-1 24438.02015\33413420.3 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 3 432-130-016, 432-130-017, 432-130-018, 432-130-020, 432-130-022 & 432-130-024 2022/23 $358.97/Acre $12,463.58 4 439-070-020, 439-070-0 & 439-070-031 2022/23 $530.20/Acre $7,550.10 5 434-102-001 2022/23 $10,428.92/Acre $6,778.80 * 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 3 432-130-016, 432-130-017, 432-130-018, 432-130-020, 432-130-022 & 432-130-024 2022/23 $1,206.40/Acre $41,886.20 4 439-070-020, 439-070-0 & 439-070-031 2022/23 $1,123.42/Acre $15,997.44 5 434-102-001 2022/23 $38,265.23/Acre $24.872.40 * 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.5.a Packet Pg. 112 Attachment: CFD 2020-1 Annex. 4 Resolution No. 3890 - Intention (CFD 2020-1 Annex Quality Buds - Intent)4.3.d Packet Pg. 109 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) ANNEXATION MAP NO. 4 OFCITY OF SAN JACINTOCOMMUNITY FACILITIES DISTRICT NO. 2020-1ANNEXATION NO. 4 (TAX ZONE NO. 5) 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 . 4 TO CITYOF SAN JACINTO CO MMUNITY FACILITIES DISTRICT NO. 2020-1 ANNEXATION NO. 4 (TAX ZONE NO . 5), COUNTY O FRIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY CO UNCIL O F THE CITY OF SAN JACINTO , AT AMEETING THER EO F, HELD O N THE _____ DAY OF ____________, 20____, BY ITS RESOL UTIO N 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 CALIFORNIA STATE STDE ANZA DR 434-102-001 Sheet 1 of 1 Source: Riverside County GISGeographic Coordinate Reference: GCS North American 1983Projection: NAD 1983 StatePlane California VI FIPS 0406 Feet State StSeve nth StWarren RdLyon AveEsplanade Av eSanderson AveCottonwood AveRamona BlvdKirby StPalm AveSeve nth St Ramona Expy Cawston Avede Anza DrPotter RdYoung StPony Trail RdPalm AveCottonw oo d Ave Eaton Ave State StCawston Avede Anza DrCFD BOUNDARY CFD PARCEL PARCELS 0 100 20050 Feet O CFD BOUNDARY 3.A.5.b Packet Pg. 113 Attachment: CFD 2020-1 Annex 4 Boundary Map (CFD 2020-1 Annex Quality Buds - Intent)4.3.d Packet Pg. 110 Attachment: Reso 3890_Reso of Intent_Quality Buds Annex (CFD 2020-1 Annex No. 4 - Quality Buds - Public Hearing) January 4, 2022 TO: City Council REQUESTED BY: Julia Espinoza, Deputy City Clerk APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Mayor's Local Appointments List RECOMMENDATION: Staff recommends that the City Council review the Mayor’s Local Appointments List and accept Mayor’s recommendations for appointments for the year 2022. DISCUSSION: Typically, following the City Council reorganization the Mayor appoints members of City Council as representatives to other agencies and any City Council Committee. The Mayor usually gathers input from the Councilmembers as to which committee assignment that each has an interest. The Mayor has the ultimate decision to appoint councilmembers to the committee that he/she feels would be in the best interest of the City. FISCAL IMPACT: There is no fiscal impact. ATTACHMENTS: Appointment list 2021 5.1 Packet Pg. 111 MAYOR’S REGIONAL / LOCAL APPOINTMENTS 2021 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. Alonso Ledezma Crystal Ruiz, 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 Brian Hawkins, 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 Brian Hawkins, 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. Alonso Ledezma Phil Ayala, 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 Phil Ayala, 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. Alonso Ledezma Crystal Ruiz, Alternate 1/5/21 / 1 Year 1.5.21 5.1.a Packet Pg. 112 Attachment: Appointment list 2021 (Mayor's Local Appointments List)