HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 9/6/2022
AGENDA
SAN JACINTO CITY COUNCIL – REGULAR MEETING
TUESDAY, SEPTEMBER 6, 2022
5:30 PM CLOSED SESSION
6:30 PM OPEN SESSION
LIVE STREAM LINK: www.sanjacintoca.gov
COMMUNITY CENTER
625 S. Pico Avenue
San Jacinto, CA 92583
951-487-7330
City of San Jacinto Page 1 Updated 8/31/2022 4:40 PM
CRYSTAL RUIZ, MAYOR
PHIL AYALA, MAYOR PRO TEM
ALONSO LEDEZMA, COUNCILMEMBER
BRIAN HAWKINS, COUNCILMEMBER
MICHAEL HEATH, COUNCILMEMBER
This City Council meeting is being conducted in-person and will be broadcast utilizing
Livestream video. The City Council meeting may be observed virtually by joining the link on the
City’s website.
Public Comments will only be accepted in person during the meeting or in writing to the
City Clerk. Participants viewing the Livestream will not have a comment option.
For those wishing to email public comments for the September 6, 2022 City Council meeting,
please submit your comments 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 the agenda items must
be received before the time the Mayor closes public comments on the agenda item. All email
comments shall be subject to the same rules as would otherwise govern speaker comments at the
Council meeting. Electronic comments on agenda items for September 6, 2022, may only be
submitted via email. Comments via text and social media (Facebook, Twitter, etc.) will not be
accepted.
Reading of Public Comments: The City Clerk will 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 951-487-7330 ext. 339. 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 8/31/2022 4:40 PM
1. ORGANIZATION
1.1. Public Comments on Closed Session Items
1.2. Closed Session
1.2.1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Potential Initiation of Litigation pursuant to Government Code section
54959.6(d)(4) (4 cases)
1.2.2. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representatives: Robert Johnson, City Manager; Tom Prill,
Deputy City Manager; Kim Hitchcock, Director of Human Resources
Employee Organization: Service Employees International Union Local 721
1.3. Closed Session Report
1.4. Roll Call
1.5. Invocation
1.6. Pledge of Allegiance
1.7. Mayor/Council Member Reports
1.8. Late Items
2. PUBLIC COMMENTS
3. CONSENT CALENDAR
3.A. Consent Calendar - City Council
3.A.1. Waiver of Full Reading of Ordinance(s), and Reading by Title Only
3.A.2. Minutes of Regular City Council Meeting of August 16, 2022
RECOMMENDATION:
Staff recommends that the City Council approve the City Council Regular
Meeting Minutes of August 16, 2022.
Department: City Clerk
3.A.3. Resolution of Intention to Annex Territory 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, commonly known as Century Communities, into
Community Facilities District No. 2003-1 and Authorize the Levy of Special
City of San Jacinto Page 3 Updated 8/31/2022 4:40 PM
Taxes therein.
Department: Finance
3.A.4. Resolution of Intention to Annex Territory into Community Facilities District No.
2020-1 and to Authorize the Levy of Special Taxes Therein
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution of Intention to
Annex Territory, commonly known as Century Communities, into
Community Facilities District No. 2020-1 and Authorize the Levy of Special
Taxes therein.
Department: Finance
3.A.5. Action on AB 1951 and SB 1186
RECOMMENDATION:
Staff recommends the City Council consider action on AB 1951 (Grayson)
and SB 1186 (Wiener).
Department: Finance
3.A.6. Update on Emergency Replacement of Water Main Line on Artesia Street,
between N. Jordan Avenue and N. Algonia Avenue
RECOMMENDATION:
Staff recommends that the City Council:
1. RECEIVE AND FILE the report on the emergency replacement of the water
main line on Artesia Street between N. Jordan Avenue and N. Alognia
Avenue; and
2. DETERMINE that there is a need to continue the emergency action pursuant
to San Jacinto Municipal Code §3.08.070(B)(1)
Department: Public Utilities
4. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF
5. 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.
City of San Jacinto Page 4 Updated 8/31/2022 4:40 PM
I, Julia Espinoza, City Clerk of the City of San Jacinto, do hereby certify that I caused to be pos ted the
foregoing agenda this 31st day of September 2022 as requested by law.
Julia Espinoza, City Clerk
September 6, 2022
TO: City Council
REQUESTED BY: Julia Espinoza, City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Regular Minutes of August 16, 2022
RECOMMENDATION:
Staff recommends that the City Council approve the City Council Regular Meeting Minutes of
August 16, 2022.
ATTACHMENTS:
August 16, 2022 Regular Meeting Minutes
3.A.2
Packet Pg. 5
ACTION MINUTES
CITY COUNCIL - REGULAR MEETING
TUESDAY, AUGUST 16, 2022
5:30 CLOSED SESSION
6:30 PM OPEN SESSION
LIVE STREAM LINK: www.sanjacintoca.gov
COMMUNITY CENTER
625 S. PICO AVENUE
SAN JACINTO, CA 92583
951-487-7330
1. ORGANIZATION
Mayor Crystal Ruiz called the meeting to order at 6:30 pm.
1.1 Public Comments on Closed Session Items
1.2 Closed Session
1.2.1 CONFERENCENFRENCE WITH LEGAL COUNSEL – EXISTING
LITIGATION
Pursuant to Gov. Code § 54956.9(d)(1)
Case: City of San Jacinto v. Monk et al., Riverside County Sup. Ct. Case No.
Case No. CVRI2202538
1.2.2 CONFERENCENFRENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representatives: Robert Johnson, City Manager; Tom Prill,
Deputy City Manager; Kim Hitchcock, Director of Human Resources
Employee Organization: Service Employees International Union Local 721
1.3 Closed Session Report
City Attorney Michael Maurer reported the approval of Item 1.2.1, Purchase and Sale
Agreement, in the amount of $45,000, with Monk et al.. The item passed with 4/0 votes
from Council, with Councilmember Michael Heath absent.
CRYSTAL RUIZ, MAYOR
PHIL AYALA MAYOR PRO TEM
ALONSO LEDEZMA, COUNCILMEMBER
MICHAEL HEATH, COUNCILMEMBER
BRIAN HAWKINS, COUNCILMEMBER
3.A.2.a
Packet Pg. 6 Attachment: August 16, 2022 Regular Meeting Minutes (Regular Minutes of August 16, 2022)
1.4 Roll Call
City Clerk Julia Espinoza conducted the roll call:
Present: Mayor Crystal Ruiz, Mayor Pro Tem Phil Ayala, Councilmember Brian
Hawkins, and Councilmember Alonso Ledezma
Absent: Councilmember Michael Heath
M/S/C (Ledezma/Ayala) moved to excuse the absences of Councilmember Heath. Motion carried
4/0.
Ayes: Ayala, Ledezma, Hawkins, Ruiz
Nays: None
Absent: Heath
Abstain: None
1.5 Invocation
Councilmember Hawkins gave the invocation.
1.6 Pledge of Allegiance
Mayor Pro Tem Ayala led the Pledge.
1.7 Special Presentation(s)/Recognition(s)
1.7.1 Introduction of Battalion Chief Matthews
1.8 Mayor/Council Member Reports
Councilmembers provided their reports.
1.9 Late Items
There were no late items.
2. PUBLIC COMMENTS
There were two public comments:
Kyle Coney
Marcee Maupin
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 Regular City Council Meeting August 2, 2022/City
Clerk/Approved
3.A.2.a
Packet Pg. 7 Attachment: August 16, 2022 Regular Meeting Minutes (Regular Minutes of August 16, 2022)
3.A.3. Warrants and Disbursements – July 2022/Finance/Approved
3.A.4. Report – Use of ARPA Funds/Finance/Approved
3.A.5. San Jacinto Power- 2021 Power Content Label and
Attestation/Finance/Approved
3.A.6. Approve Memorandum of Understanding with the San Jacinto Management
Association/Finance/Approved
3.A.7. Update on Emergency Replacement of Water Main Line on Artesia Street,
between N. Jordan Avenue and N. Algonia Avenue/Water/Approved
M/S/C (Ayala/Hawkins) moved to approve the items on the Consent Calendar. Motion
carried 4/0.
Ayes: Hawkins, Ayala, Ledezma, Ruiz
Nays: None
Absent: Heath
Abstain: None
4. CITY MANAGER UPDATE
City Manager Rob Johnson presented the update.
5. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF
6. ADJOURNMENT
With no further business before the City Council, Mayor Ruiz adjourned the City Council's
Regular Meeting at 7:19 pm.
CITY OF SAN JACINTO:
________________________
Crystal Ruiz, Mayor
ATTEST:
_________________________
Julia Espinoza, City Clerk
Approved as read:
Approved as amended:
3.A.2.a
Packet Pg. 8 Attachment: August 16, 2022 Regular Meeting Minutes (Regular Minutes of August 16, 2022)
September 6, 2022
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: CFD 2003-1 Annex 66 - Resolution 3947 of Intent - Century Communities
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution of Intention to Annex Territory,
commonly known as Century Communities, into Community Facilities District No. 2003-1 and
Authorize the Levy of Special Taxes therein.
DISCUSSION:
The City Council and Planning Commission previously identified the need for additional funding
for police protection and fire protection, and suppression services. This includes funding for
increased service levels necessitated by new development within the City. In response, the City
Council formed Community Facilities District 2003-1 (the "CFD") and approved the levy of
special taxes therein. The City levies a special tax on eligible parcels within the CFD to mitigate
the added cost of providing public safety services to new development.
The property owner(s) have submitted a Petition to annex into Community Facilities District No.
2003-1. Adoption of the Resolution of Intention is required to annex the territory into the CFD.
The Resolution of Intention approves the annexation boundaries -- commonly known as the site
of Century Communities of California's new 154-unit residential development located at the
northeast and southeast corners of E Esplanade Ave and S Hewitt St -- and sets the Public
Hearing date for October 18, 2022, during a regularly scheduled meeting of the City Council. A
ballot will be mailed to the property owner(s) within the annexation territory to vote for or
against the annexation.
FISCAL IMPACT:
The annexation of territory into CFD 2003-1 will assists in mitigating the cost of providing
police protection and fire protection, and suppression services. In Fiscal Year 2023/2024, it is
anticipated that the CFD will collect approximately $88,200.00 in special tax revenue based
upon full project buildout.
ATTACHMENTS:
CFD 2003-1 Annex. No. 66 - Resolution 3947 of Intention
Exhibit A CFD 2003-1 - Annexation Map No. 66
Exhibit B CFD 2003-1 - RMA
3.A.3
Packet Pg. 9
Resolution No. 3947
Page 1 of 9
RESOLUTION NO. 3947
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
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
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 66
WHEREAS, the City Council (the “Council”) of the City of San Jacinto (the
“City”) has previously conducted proceedings to establish Community Facilities
District No. 2003-1 (the “CFD”) pursuant to the Mello-Roos Community Facilities Act
of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5,
commencing at Section 53311, of the California Government Code; and
WHEREAS, the Council has received a petition (including waivers) from the
landowner requesting that it annex into the CFD under the Act, to provide for the
costs of services, and the Council now desires to commence proceedings to annex
territory into the CFD as described herein; and
WHEREAS, under the Act, this Council, as the legislative body for the CFD, is
empowered with the authority to annex territory to the CFD, and now desires to
undertake proceedings to annex territory to the CFD.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City
Council of the City of San Jacinto as follows:
SECTION 1. This Council hereby finds and determines that public
convenience and necessity require that territory be added to the CFD.
SECTION 2. The name of the existing CFD is “City of San Jacinto Community
Facilities District No. 2003-1.”
SECTION 3. A general description of the territory included in the existing CFD
is hereinafter described as follows: All that property and territory as originally
included in the existing CFD heretofore recorded as Instrument No. 2003-
995886 in the office of the County Recorder for the County of Riverside on
December 22, 2003 in Book 55 at Page 58-59 of Maps of Assessments and
Community Facilities Districts, to which map reference is hereby made, and as
such map was amended as a result of prior annexations.
3.A.3.a
Packet Pg. 10 Attachment: CFD 2003-1 Annex. No. 66 - Resolution 3947 of Intention (CFD 2003-1 Annex 66 - Resolution 3947 of Intent - Century Communities)
Resolution No. 3947
Page 2 of 9
A description of the boundaries and territory proposed to be annexed is as
follows: All that territory proposed to be annexed to the CFD is as shown on
the Annexation Map for Annexation No. 66 to the CFD, on file with the City
Clerk, the boundaries of which territory are hereby preliminary approved and
to which map reference is hereby made for further particulars. The area
proposed to be annexed to the CFD is as shown on the Annexation Map
identified in Exhibit A. The City Clerk is hereby directed to cause to be
recorded such Annexation Map, showing the territory to be annexed, in the
office of the County Recorder of the County of Riverside within fifteen days of
the date of adoption of this resolution.
SECTION 4. The type of services financed by the CFD and pursuant to the Act
shall consist of those services described as follows: (a) police protection
services, including but not limited to, criminal justice services, and (b) fire
protection and suppression services. It is presently intended that the services
will be provided, without preference or priority, to the existing territory in the
CFD and the territory proposed to be annexed to the CFD.
SECTION 5. Except to the extent that funds are otherwise available to the
CFD to pay for the services, a special tax sufficient to pay the costs thereof,
secured by recordation of a continuing lien against all non-exempt real
property in the CFD (including the property to be annexed thereto), is intended
to be levied annually within the CFD, and collected in the same manner as
ordinary ad valorem property taxes, or in such other manner as this Council
shall determine including direct billing of the affected property owners. The
proposed rate and method of apportionment of the special tax among the
parcels of real property within the CFD, as now in existence and following the
annexation proposed herein, in sufficient detail to allow each landowner within
the territory proposed to be annexed to the CFD to estimate the maximum
amount such owner will have to pay, are described in Exhibi t B to this
Resolution of Intention.
SECTION 6. The special tax proposed to be levied for services to be supplied
within the territory proposed to be annexed will be equal to the special taxes
levied to pay for the same services in the CFD, except that a higher or lower
special tax may be levied within the territory proposed to be annexed to the
extent that the actual cost of providing the services in that territory is higher or
lower than the cost of providing those services in the CFD. Notwithstanding
the foregoing, the special tax may not be levied at a rate which is higher th an
the maximum special tax authorized to be levied pursuant to the CFD Rate
and Method in Exhibit B.
3.A.3.a
Packet Pg. 11 Attachment: CFD 2003-1 Annex. No. 66 - Resolution 3947 of Intention (CFD 2003-1 Annex 66 - Resolution 3947 of Intent - Century Communities)
Resolution No. 3947
Page 3 of 9
SECTION 7. Notice is given that on Tuesday, October 18, 2022, at 6:30 p.m.
or as soon thereafter as the matter may be heard, in the regular meeting place
of this Council at the City of San Jacinto, Community Center, 625 S. Pico
Avenue, San Jacinto, California, and the same are hereby appointed and fixed
as the time and place when and where this Council, as legislative body for the
CFD, will conduct a public hearing on the annexation of territory to the CFD,
and consider and finally determine whether the public interest, convenience
and necessity require said annexation of territory to the CFD and the levy of
said special tax therein.
SECTION 8. The City Clerk is hereby directed to cause notice of said public
hearing to be given by publication one time in a newspaper of general
circulation in the area of the CFD, including the area to be annexed to the
CFD. The publication of the notice shall be completed at least seven days
before the date herein set for said hearing. The City Clerk may also cause a
copy of such notice to be mailed to the registered voters and land owners
within the territory proposed to annexed, which shall be mailed at least fifteen
days before the date of said hearing. The notice shall be substantially in the
form of Exhibit C hereto.
SECTION 9. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, and ADOPTED this 6th day of September 2022 by the
following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
CITY OF SAN JACINTO:
______________________________
Crystal Ruiz, Mayor
ATTEST:
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
__________________________________
Michael J. Maurer, City Attorney
3.A.3.a
Packet Pg. 12 Attachment: CFD 2003-1 Annex. No. 66 - Resolution 3947 of Intention (CFD 2003-1 Annex 66 - Resolution 3947 of Intent - Century Communities)
Resolution No. 3947
Page 4 of 9
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE )
CITY OF SAN JACINTO )
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY
CERTIFY that the foregoing Resolution No. 3947 was passed, approved, and
adopted at the Regular Meeting of the San Jacinto City Council held on the 6th
day of September 2022.
AYES:
NAYS:
ABSENT:
ABSTAIN:
WITNESS MY HAND AND OFFICIAL SEAL this 6th day of September 2022.
______________________________
Julia Espinoza, City Clerk
City of San Jacinto
3.A.3.a
Packet Pg. 13 Attachment: CFD 2003-1 Annex. No. 66 - Resolution 3947 of Intention (CFD 2003-1 Annex 66 - Resolution 3947 of Intent - Century Communities)
Resolution No. 3947
Page 5 of 9
EXHIBIT A
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 66
ANNEXATION MAP
3.A.3.a
Packet Pg. 14 Attachment: CFD 2003-1 Annex. No. 66 - Resolution 3947 of Intention (CFD 2003-1 Annex 66 - Resolution 3947 of Intent - Century Communities)
Resolution No. 3947
Page 6 of 9
EXHIBIT B
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 66
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
3.A.3.a
Packet Pg. 15 Attachment: CFD 2003-1 Annex. No. 66 - Resolution 3947 of Intention (CFD 2003-1 Annex 66 - Resolution 3947 of Intent - Century Communities)
Resolution No. 3947
Page 7 of 9
EXHIBIT C
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 66
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIVEN that at 6:30 p.m. on October 18, 2022, or as soon
thereafter as practicable, the City Council of the City of San Jacinto, (the “City Council”)
will hold a public hearing on the Annexation of territory (“Annexation No. 66”) to City of
San Jacinto Community Facilities District No. 2003 -1 (the "CFD"), the proposed rate,
and method of apportionment of the special tax (the "Special Tax") to be levied on
certain property within Annexation No. 66. It is anticipated that the public hearing may
be held virtually by teleconference or web conference only. The virtual location will be
identified on the agenda, in accordance with the Brown Act, for the meeting during
which this public hearing will be conducted. If held in person, the public hearing will be
conducted at the Council Chambers, 625 South Pico, San Jacinto California. Please
check the agenda, which will be posted on the City’s website, prior to the meeting for
the location of the public hearing and related instructions.
On September 6, 2022, the City Council adopted Resolution No. 3947 (the “Resolution
of Intention”) declaring its intention to annex Annexation No. 66 to the CFD pursuant to
the Mello-Roos Community Facilities Act of 1982, as amended, commencing with
Section 53311 of the California Government Code (the “Act”), and to levy Special Taxes
to finance police services, fire protection and sup pression services.
The following are types of services to be provided for and financed by Annexation No.
66:
(a) police protection services, including but not limited to, criminal justice services, and
(b) fire protection and suppression services. It is presently intended that the services will
be provided, without preference or priority, to the existing territory in the CFD and the
territory proposed to be annexed to the CFD.
Except where funds are otherwise available, a special tax sufficient to pay for such
services and related incidental expenses authorized by the Act, secured by recordation
of a continuing lien against all non -exempt real property in the CFD, will be levied
annually within the boundaries of the CFD and Annexation No. 66. Commencing with
Fiscal Year 2003-04 a Maximum Special Tax shall be levied as follows: Special Tax A
(1) $350 per unit for Single-Family Property; (2) $262.50 per unit for Apartment
Property; (3) $0.119 per SF of Floor Area for Non-Retail Commercial/Industrial Property.
Special Tax B (1) $600.00 per unit for Single-Family Property; (2) $450.00 per unit for
Apartment Property; (3) $0.204 per SF of Floor Area for Non -Retail
3.A.3.a
Packet Pg. 16 Attachment: CFD 2003-1 Annex. No. 66 - Resolution 3947 of Intention (CFD 2003-1 Annex 66 - Resolution 3947 of Intent - Century Communities)
Resolution No. 3947
Page 8 of 9
Commercial/Industrial Property. The Special Tax B is a one -time special tax that shall
be collected by the City at the time a building permit for new construction is issued for
an Assessor’s Parcel of Taxable Property. For each subsequent fiscal year, the
Maximum Special Tax A and Special Tax B shall be increased by the percentage
change in the Consumer Price Index with a maximum annual increase of six percent
(6.00%) and a minimum increase of two percent (2.00%) of the amount in effect in the
previous Fiscal Year.
Any taxpayer that believes that the amount of the Special Tax assigned to a Parcel is in
error may file a written notice with the CFD Administrator appealing the levy of the
Special Tax. This notice is required to be filed with the CFD Administrator during the
fiscal year the error is believed to have occurred. The City and/or CFD Administrator wi ll
then promptly review the appeal and, if necessary, meet with the taxpayer. If the City
and/or CFD Administrator verifies that the tax should be changed, the Special Tax levy
shall be corrected and, if applicable in any case, a credit shall be applied to the Special
Tax levied on such parcel in the subsequent fiscal year.
The Special Tax as levied pursuant to Section D of the Rate and Method of
Apportionment, shall be collected in the same manner and at the same time as ordinary
ad valorem property taxes; provided, however, that the CFD may direct bill the Special
Tax, may collect Special Taxes at a different time or in a different manner if necessary,
to meet the financial obligations of Annexation No. 66 and the CFD, or as otherwise
determined appropriate by the City.
The Special Tax shall be levied in perpetuity to fund Public Services provided to
Annexation No. 66 of the CFD.
If at least 12 persons have been registered to vote within the territory to be annexed to
the CFD for each of the 90 days preceding the close of the public or protest hearing, the
vote in the special election shall be by the registered voters of Annexation No. 66 with
each voter having one vote. In that event, the special election shall be conducted by the
Registrar of Voters of the County of Riverside and shall be held on a date selected by
the City Council and the ballots for the special election shall be distributed to the
qualified electors of Annexation No. 66 by mail with return postage prepaid, and the
special election shall be conducted as a mail ballot election.
If at the time of the close of the protest hearing less than 12 persons have been
registered to vote within the territory of Annexation No. 66, the vote shall be by the
landowners of Annexation No. 66, 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 within Annexation No. 66. In that event, the special election shall be
conducted by the City Clerk.
3.A.3.a
Packet Pg. 17 Attachment: CFD 2003-1 Annex. No. 66 - Resolution 3947 of Intention (CFD 2003-1 Annex 66 - Resolution 3947 of Intent - Century Communities)
Resolution No. 3947
Page 9 of 9
At the hearing, the testimony of all interested persons, including all taxpayers or
persons owning property in the area, for or against the annexation of Annexation No. 66
to the CFD, the extent of Annexation No. 66, the furnishing of a specified type or types
of public facilities or services, will be heard. If 50 percent or more of the registered
voters residing within the territory proposed to be annexed to the CFD, or the owners of
one-half or more of the area of the land in the territory proposed to be annexed to the
CFD and not exempt from the Special Tax, file written protests against the annexation
of Annexation No. 66 to the CFD, and protests are not withdrawn so as to reduce the
value of the protests to less than a majority, no further proceedings to annex Annexation
No. 66 to the CFD or to levy the Special Tax shall be taken for a period of one year from
the date of the decision of the City Council. If the majority protests of the registered
voters or the landowners are only against the furnishing of a specified type or types of
facilities or services within Annexation No. 66, or against levying a specified special tax,
those types of facilities or services or the specified special tax shall be eliminated from
the resolution of annexation. Protests can be delivered or mailed to the City Clerk at 595
S. San Jacinto Avenue, San Jacinto, CA 92583.
All capitalized terms not defined herein shall be as defined in the Resolution of Intention
to Annex Territory to the CFD. The complete texts of the Resolution of Inte ntion to
Annex Territory to the CFD, the proposed Rate and Method of Apportionment of the
Special Tax among parcels of real property in the CFD and Annexation No. 66, and the
Boundary Map of Annexation No. 66 are on file in the office of the City Clerk and
available for public inspection.
If you have any questions, please call NBS at (800) 676 -7516.
Sincerely,
City Clerk
City of San Jacinto
3.A.3.a
Packet Pg. 18 Attachment: CFD 2003-1 Annex. No. 66 - Resolution 3947 of Intention (CFD 2003-1 Annex 66 - Resolution 3947 of Intent - Century Communities)
ANNEXATION MAP NO. 66 OFCITY OF SAN JACINTOCOMMUNITY FACIL ITIES DISTRICT NO. 2003-1
FIL ED IN THE OFFICE O F THE CITY CL ERK OF THE CITY OF S AN JAC INTO THIS ________ DAY OF______________, 2 0___.
________________________________________CITY CLERKCITY OF SAN JACINTORIVERSIDE CO UNTY, CALIFORNIA
I HE REBY CE RTIFY THAT THE WITHIN MA P SHO WING THE PROPOS ED BOUN DARIE S OF ANNEXATION NO. 66TO CITY OF S AN JACINTO CO MMUNITY FA CILITIES DIS TRICT NO. 2003 -1, COUNTY OF RIVERSIDE, STATE OFCALIFORNIA, WAS A PPROVE D BY THE CITY COUNC IL OF THE CITY OF SAN JA CINTO , AT A MEETING THE REO F,HEL D O N THE _____ DAY OF ______________, 20___, B Y ITS RESOLUTION NO. __________________.
________________________________________CITY CLERKCITY OF SAN JACINTORIVERSIDE CO UNTY, CALIFORNIA
FIL ED THIS ________ DAY OF ______________, 20___, AT THE H OUR OF _______ O’CLOCK __M, IN BOOK________ OF MA PS OF ASS ESS MEN T AND COMMU NITY FACIL ITIES DIS TRICTS AT PAGE ______ IN THE OFFICEOF THE CO UNTY RECORDER OF THE C OUNTY O F RIV ERSIDE, S TATE OF CALIFORNIA.
____________________________DEPUTYCOUNTY RE COR DERCOUNTY OF RIVERS IDE, C ALIFORNIA
FO R PARTICULA RS OF THE LINES A ND DIMEN SION S OF AS SESS O R PAR CELS, REFEREN CE IS MADE TO THEMAPS OF THE ASS ESS OR, COUN TY OF RIVERS IDE, STATE OF CAL IFORNIA.
REFE REN CE IS HE REBY MA DE TO THAT CERTA IN MA P EN TITLED “A ME NDED P RO POSED BOUND ARY MAP OFCITY OF SAN JA CINTO CO MMUNITY FACILITIE S D ISTRICT NO. 2 003-1, COUNTY O F RIVERSID E, STATE O FCALIFORNIA” FILE D THE 2 2ND DAY OF DE CEM BER, 2 003, AT THE HOUR O F 8 :00 O ’CLOCK A.M. IN BOOK 55 OFMAPS OF ASS ESS MENT AND CO MMUNITY FACILITIE S D ISTRICTS AT PAGES 58-59 AND AS IN STRUMENT NO .200 3-99 5886 IN THE O FFICE O F THE CO UNTY REC ORDE R FOR THE COU NTY OF RIVERSIDE, STATE OFCALIFORNIA, WHICH THIS A NNEXATIO N MA P AFFE CTS . CERTA IN ANNE XATION P ROCEEDINGS HAVE BE ENCONDUCTED W HIC H HAVE ADDED OTHER TE RRITO RY TO THIS CO MMU NITY FACILITIES DISTRICT NOIDENTIFIED IN TH IS BOUNDARY MAP.
CIT Y OF SAN JACINTOCOUNTY OF RIVERSIDESTATE OF CA LIFORNIA
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Source: Riverside County GISGeographic C oordinate Reference: GCS North American 1983Projection: NAD 1983 StatePlane California VI FIP S 0406 Feet
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3.A.3.b
Packet Pg. 19 Attachment: Exhibit A CFD 2003-1 - Annexation Map No. 66 (CFD 2003-1 Annex 66 - Resolution 3947 of Intent - Century Communities)
City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 1
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2003-1
OF THE CITY OF SAN JACINTO
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Community
Facilities District No. 2003-1 of the City of San Jacinto ("CFD No. 2003-1") and collected each
Fiscal Year commencing in Fiscal Year 2003-2004, in an amount determined by the Council through
the application of the appropriate Special Tax for "Developed Property" as described below. All of
the real property in CFD No. 2003-1, unless exempted by law or by the provisions hereof, shall be
taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable final map, parcel map, condominium plan, or other recorded County
parcel map.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration of CFD No. 2003-1: the costs of computing the Special
Taxes and preparing the annual Special Tax collection schedules (whether by the City or
designee thereof or both); the costs of collecting the Special Taxes (whether by the County
or otherwise); the costs to the City, CFD No. 2003-1 or any designee thereof of complying
with City or CFD No. 2003-1 disclosure requirements; the costs associated with responding
to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2003-1 or any
designee thereof related to an appeal of the Special Tax; and the City’s annual administration
fees and third party expenses. Administrative Expenses shall also include amounts estimated
or advanced by the City or CFD No. 2003-1 for any other administrative purposes of CFD
No. 2003-1, including attorney’s fees and other costs related to commencing and pursuing to
completion any foreclosure of delinquent Special Taxes.
"Apartment Property" means any Assessor's Parcel of Residential Property that consists of
a building or buildings comprised of attached residential units available for rental, but not
purchase, by the general public and under common management.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by Assessor's Parcel number.
3.A.3.c
Packet Pg. 20 Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 66 - Resolution 3947 of Intent - Century Communities)
City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 2
"CFD Administrator" means an official of the City, or designee thereof, responsible for
calculating the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD No. 2003-1" means Community Facilities District No. 2003-1 of the City.
"City" means the City of San Jacinto.
"Consumer Price Index" means the Consumer Price Index published by the U.S. Bureau of
Labor Statistics for "All Urban Consumers" in the Los Angeles - Anaheim - Riverside Area,
measured as of the month of December in the calendar year which ends in the previous
Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall
be another index as determined by the CFD Administrator that is reasonably comparable to
the Consumer Price Index for the City of Los Angeles.
"Council" means the City Council of the City, acting as the legislative body of CFD No.
2003-1.
"County" means the County of Riverside.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a
building permit for new construction was issued after March 1, 2003 and as of March 1 of
the previous Fiscal Year.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Floor Area" for any Non-Residential Property means the total square footage of the
building(s) located on such property, measured from outside wall to outside wall, exclusive
of overhangs, porches, patios, carports, or similar spaces attached to the building but
generally open on at least two sides. The determination of Floor Area shall be made by
reference to the building permit(s) issued for such Assessor’s Parcel.
"Land Use Class" means any of the classes listed in Table 1 and Table 2.
"Maximum Special Tax" means the Maximum Special Tax A and/or Maximum Special
Tax B, as applicable.
"Maximum Special Tax A" means the Maximum Special Tax A, determined in accordance
with Section C.1 below, that can be levied in any Fiscal Year on any Assessor’s Parcel.
"Maximum Special Tax B" means the Maximum Special Tax B, determined in accordance
with Section C.2 below, that can be levied on any Assessor’s Parcel of Taxable Property on a
one-time basis, at the time a building permit for new construction is issued for such
Assessor’s Parcel.
"Non-Residential Property" means all Assessor’s Parcels for which a building permit(s)
was issued for a non-residential use.
3.A.3.c
Packet Pg. 21 Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 66 - Resolution 3947 of Intent - Century Communities)
City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 3
"Non-Retail Commercial/Industrial Property" means all Assessor’s Parcels of
Developed Property that are considered Non-Residential Property and that are not Retail
Commercial Property.
"Property Owner Association Property" means, for each Fiscal Year, any Assessor’s
Parcel within the boundaries of CFD No. 2003-1 that was owned by or irrevocably offered
for dedication to a property owner association, including any master or sub-association, as of
January 1 of the previous Fiscal Year.
"Proportionately" means that the ratio of the actual Special Tax A levy to the Maximum
Special Tax A is equal for all Assessor’s Parcels of Developed Property.
"Public Property" means, for each Fiscal Year, (i) any property within the boundaries of
CFD No. 2003-1 that was owned by or irrevocably offered for dedication to the federal
government, the State, the City or any other public agency as of January 1 of the previous
Fiscal Year; provided however that any property leased by a public agency to a private entity
and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in
accordance with its use; or (ii) any property within the boundaries of CFD No. 2003-1 that
was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility
easement making impractical its utilization for other than the purpose set forth in the
easement.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential
dwelling units.
"Retail Commercial Property" means all Assessor’s Parcels of Non-Residential Property
for which the building permit was issued for a retail sales tax generating use or which is
being used primarily for a retail sales tax generating use, as determined by the CFD
Administrator. However, if the land use of an Assessor’s Parcel changes, and such
Assessor’s Parcel no longer generates retail sales tax, such Assessor’s Parcel shall no longer
be considered Retail Commercial Property and shall be classified and taxed according to its
use, as determined by the CFD Administrator.
"Single Family Property" means all Assessor’s Parcels of Residential Property for which
building permits have been issued for detached residential units, excluding Apartment
Property.
"Special Tax" means the Special Tax A and/or Special Tax B, as applicable.
"Special Tax A" means the annual special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Developed Property to fund the Special Tax Requirement.
"Special Tax B" means the one-time Special Tax which is paid directly to the City at the
time a building permit for new construction is issued for an Assessor’s Parcel of Taxable
Property.
3.A.3.c
Packet Pg. 22 Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 66 - Resolution 3947 of Intent - Century Communities)
City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 4
"Special Tax Requirement" means that amount required in any Fiscal Year to meet the
needs of CFD No. 2003-1 to: (i) pay for fire protection and suppression services (ii) pay for
police protection services (iii) pay Administrative Expenses; less (iv) a credit for any funds
available to reduce the annual Special Tax levy, as determined by the CFD Administrator.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No.
2003-1 which are not exempt from the Special Tax pursuant to law or Section E below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified
as Developed Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2003-1 shall be classified as
Developed Property or Undeveloped Property and shall be subject to Special Taxes in
accordance with the rate and method of apportionment determined pursuant to Section C.
Residential Property shall be assigned to Land Use Classes 1 and 2 based on the type of
structure located on the Assessor's Parcel. Non-Retail Commercial/Industrial Property shall
be assigned to Land Use Class 3.
C. MAXIMUM SPECIAL TAX RATE
1. Special Tax A
The Special Tax A is an annual Special Tax that shall be levied on Developed
Property to fund the Special Tax Requirement.
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for Fiscal Year 2003-2004 for each
Land Use Class is shown below in Table 1.
3.A.3.c
Packet Pg. 23 Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 66 - Resolution 3947 of Intent - Century Communities)
City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 5
TABLE 1
Maximum Special Tax A for Developed Property
For Fiscal Year 2003-2004
Community Facilities District No. 2003-1
Land Use Class Description Maximum Special Tax A
1 Single Family Property $350 per unit
2 Apartment Property $262.50 per unit
3 Non-Retail
Commercial/Industrial Property $0.119 per SF of Floor Area
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2004, the Maximum Special
Tax A shall be increased 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.
(iii) Multiple Land Use Classes
In some instances an Assessor’s Parcel of Developed Property may
contain more than one Land Use Class. The Maximum Special Tax
that can be levied on an Assessor’s Parcel shall be the sum of the
Maximum Special Taxes that can be levied for all Land Use Classes
located on that Assessor’s Parcel.
b. Undeveloped Property
No Special Tax A shall be levied on Undeveloped Property.
3.A.3.c
Packet Pg. 24 Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 66 - Resolution 3947 of Intent - Century Communities)
City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 6
2. Special Tax B
The Special Tax B is a one-time Special Tax that shall be paid directly to the City at
the time a building permit for new construction is issued for an Assessor’s Parcel of
Taxable Property.
a. Maximum Special Tax B
The Maximum Special Tax B for Fiscal Year 2003-2004 for each Land Use
Class is shown below in Table 2.
TABLE 2
Maximum Special Tax B
For Fiscal Year 2003-2004
Community Facilities District No. 2003-1
Land Use Class Description Maximum Special Tax B
1 Single Family Property $600 per unit
2 Apartment Property $450 per unit
3
Non-Retail
Commercial/Industrial
Property
$0.204 per SF of Floor Area
b. Increase in the Maximum Special Tax B
On each July 1, commencing on July 1, 2004, the Maximum Special Tax B
shall be increased 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.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2003-2004 and for each following Fiscal Year, the
Council shall determine the Special Tax Requirement. The Council shall levy the
Special Tax A until the amount of Special Taxes equals the Special Tax
Requirement.
The Special Tax A shall be levied Proportionately on each Assessor’s Parcel of
Developed Property at up to 100% of the applicable Maximum Special Tax A as
needed to satisfy the Special Tax Requirement.
3.A.3.c
Packet Pg. 25 Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 66 - Resolution 3947 of Intent - Century Communities)
City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 7
Notwithstanding the above, under no circumstances will the Special Tax A levied
against any Assessor’s Parcel of Residential Property for which an occupancy permit
for private residential use has been issued be increased by more than ten percent as a
consequence of delinquency or default by the owner of any other Assessor’s Parcel
within CFD No. 2003-1.
2. Special Tax B
Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the
Council shall levy the Special Tax B on each Assessor’s Parcel that is subject to the
Special Tax B at 100% of the applicable Maximum Special Tax B. The Special Tax
B shall be collected by the City at the time a building permit for new construction is
issued for an Assessor’s Parcel of Taxable Property.
E. EXEMPTIONS
No Special Tax shall be levied on Retail Commercial Property, Property Owner Association
Property or Public Property. However, should an Assessor’s Parcel no longer be classified
as Retail Commercial Property, Property Owner Association Property or Public Property, its
tax-exempt status will be revoked.
F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property
with the CFD Administrator, provided that the appellant is current in his/her payments of
Special Taxes. During the pendency of an appeal, all Special Taxes previously 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 Tax is 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 CFD Administrator
agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax
on the appellant’s property and/or provide a refund to the appellant. If the CFD
Administrator disagrees with the appellant and the appellant is dissatisfied with the
determination, the appellant then has 30 days in which to appeal to the Council by filing a
written notice of appeal with the City Clerk, provided that the appellant is current in his/her
payments of Special Taxes. The second appeal must specify the reasons for its disagreement
with the CFD Administrator’s determination.
Interpretations may be made by the Council by ordinance or resolution for purposes of
clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
3.A.3.c
Packet Pg. 26 Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 66 - Resolution 3947 of Intent - Century Communities)
City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 8
G. MANNER OF COLLECTION
The Special Tax A shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes; provided, however, that in Fiscal Year 2004-05 and each Fiscal Year
thereafter, CFD No. 2003-1 may directly bill the Special Tax A, may collect Special Taxes at
a different time or in a different manner if necessary to meet its financial obligations, and
may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as
permitted by the Act. Commencing in Fiscal Year 2003-04, the Special Tax B shall be paid
directly to the City.
H. TERM OF SPECIAL TAX
The Special Tax A and Special Tax B shall be levied as long as necessary to fund items (i)
and (ii) of the Special Tax Requirement.
K:\Clients2\San Jacinto\Mello\Police&Fire CFD\RMA\servicesrma9.doc
3.A.3.c
Packet Pg. 27 Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 66 - Resolution 3947 of Intent - Century Communities)
EXHIBIT B
CITY OF JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1
MAXIMUM SPECIAL TAX A FOR
DEVELOPED PROPERTY
Land Use
Class Description Fiscal Year 2003-04
Maximum Special Tax A [1]
1 Single Family Property $350.00 per unit
2 Apartment Property $262.50 per unit
3 Non-Retail Commercial/Industrial
Property $0.119 per SF of Floor Area
[1] On each July 1, commencing July 1, 2004, the Maximum Special Tax A for Developed Property
shall be increased by the percentage change in the Consumer Price Index with a maximum annual
increase of six percent (6.00%) and a minimum increase of two percent (2.00%) of the amount in
effect in the previous Fiscal Year.
3.A.3.c
Packet Pg. 28 Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 66 - Resolution 3947 of Intent - Century Communities)
EXHIBIT C
CITY OF JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1
MAXIMUM SPECIAL TAX B
Land Use
Class Description Fiscal Year 2003-04
Maximum Special Tax B [1]
1 Single Family Property $600.00 per unit
2 Apartment Property $450.00 per unit
3 Non-Retail Commercial/Industrial
Property $0.204 per SF of Floor Area
[1] On each July 1, commencing July 1, 2004, the Maximum Special Tax B for property where a
building permit has been issued shall be increased by the percentage change in the Consumer Price
Index with a maximum annual increase of six percent (6.00%) and a minimum increase of two
percent (2.00%) of the amount in effect in the previous Fiscal Year.
3.A.3.c
Packet Pg. 29 Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 66 - Resolution 3947 of Intent - Century Communities)
September 6, 2022
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: CFD 2020-1 Annex 7 - Resolution 3946 of Intent - Century Communities
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution of Intention to Annex Territory,
commonly known as Century Communities, into Community Facilities District No. 2020-1 and
Authorize the Levy of Special Taxes therein.
DISCUSSION:
The City Council and Planning Commission previously identified the need for a financing
mechanism for maintenance and services on improvements related to new development within
the City. In response, 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 property owner(s) fail to perform maintenance of certain improvements to
the City's Standards. The City levies taxes on eligible parcels within the CFD to mitigate the
added cost of providing the Services to new development.
The property owner(s) have submitted a Petition to annex into Community Facilities District No.
2020-1. Adoption of the Resolution of Intention is required to annex the territory into the CFD.
The Resolution of Intention approves the CFD annexation boundaries -- commonly known as the
site of Century Communities of California's new 154-unit residential development located at the
northeast and southeast corners of E Esplanade Ave and S Hewitt St -- and sets the Public
Hearing date for October 18, 2022, during a regularly scheduled meeting of the City Council. A
ballot will be mailed to the property owner(s) within the annexation territory to vote for or
against the annexation.
FISCAL IMPACT:
The annexation of territory into the CFD will assist in mitigating the cost of providing the
Services. In Fiscal Year 2023/2024, it is anticipated that the CFD will collect $189,266.00 in
special tax revenue based upon full project buildout and, if applicable, $67,606.00 in Contingent
Special Tax revenue.
3.A.4
Packet Pg. 30
ATTACHMENTS:
CFD 2020-1 Annex. No. 7 - Resolution 3946 of Intention
CFD 2020-1 - Exhibit A Annexation Map No. 7
3.A.4
Packet Pg. 31
Resolution No. 3946
Page 1 of 21
RESOLUTION NO. 3946
STATE OF CALIFORNIA)
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. 7 TO CFD 2020-1 (TAX ZONE NO. 8))
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
3.A.4.a
Packet Pg. 32 Attachment: CFD 2020-1 Annex. No. 7 - Resolution 3946 of Intention (CFD 2020-1 Annex 7 - Resolution 3946 of Intent - Century Communities)
Resolution No. 3946
Page 2 of 21
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
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. 7, Community Facilities District No. 2020-1 (Tax Zone No. 8) of
the City of San Jacinto, County of Riverside, State of California,” which is on file with the
City Clerk (the “Annexation Map”).
Section 5. Types of Services; Incidental Expenses; Plan for Providing
Services. A general description of the services which are to be funded with the
revenues from special taxes which are to be levied on parcels of taxable property within
the District is set forth in Exhibit “B” attached hereto and by reference made a part
hereof. The District shall also finance costs associated with the determination of the
amount of and the levy and collection of special taxes which are levied to provide such
services and costs otherwise incurred in order to carry out its authorized purposes. The
services described above shall be provided, as needed, throughout the District and the
territory proposed to be annexed thereto for the benefit of all owners of property and
residents of the District and the territory proposed to be annexed thereto. All owners of
taxable parcels of property within the District and the territory proposed to be annexed
thereto shall pay special taxes at the same rate to finance the annual cost of providing
such services. The services to be provided and financed by the District, as previously
described, are necessary to meet increased demands placed upon the City as a result
of development occurring within the District and the territory proposed to be annexed
thereto.
Section 6. Special Taxes. Except where funds are otherwise available,
special taxes sufficient to pay the costs of the services described in Section 5 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.
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Section 7. Adoption of Annexation Map. Pursuant to Section 3110.5 of
the Streets and Highways Code, the City Council adopts the Annexation Map as the
map of the area proposed to be annexed to the District. Pursuant to Section 3111 of
said Code, the City Clerk shall file the original of the Annexation Map in her office and
shall file a copy of the Annexation Map with the County Recorder of the County of
Riverside no later than 15 days prior to the date of the hearing specified in Section 8
hereof.
Section 8. Hearing. A public hearing on the proposed annexation of
said territory to the District shall be held at 6:30 p.m. on Tuesday, October 18, 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 the hearing and shall contain the
information required by said Section 53339.4.
Section 10. Description of Voting Procedures. The voting procedures to
be followed in conducting the election on the proposition with respect to the levy of
special taxes within the territory proposed to be annexed to the District to shall be as
follows:
(a) If at the time of the close of the public or protest hearing
(hereinafter referred to as the “protest hearing”) at least 12 persons are
registered to vote within the territory proposed to be annexed to the District, the
election shall be conducted by the City Clerk, and shall be held on a date
selected by the City Council in conformance with the provisions of Section 53326
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 th e landowners of that territory, with each
landowner of record at the close of the protest hearing having one vote for each
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acre or portion of an acre of land that he or she owns, the election shall be
conducted by the City Clerk as follows:
(1) The election shall be held on the earliest date following the
conclusion of the protest hearing upon which it can be held pursuant to
Section 53326 which may be selected by the City Council, or such earlier
date as the owners of land within the territory proposed to be annexed to
the District and the City Clerk agree and concur is acceptable.
(2) Pursuant to Section 53326, the election may be held earlier
than 90 days following the close of the protest hearing if the qualified
electors of the territory proposed to be annexed to the District waive the
time limits for conducting the election set forth in Section 53326 by
unanimous written consent and the City Clerk concurs in such earlier
election date as shall be consented to by the qualified electors.
(3) Pursuant to Section 53326, ballots for the election shall be
distributed to the qualified electors by the City Clerk by mail with return
postage prepaid or by personal service.
(4) Pursuant to applicable provisions of law regulating elections
of the City which govern the conduct of mail ballot elections, and Division
4 (commencing with Section 4000) of the California Elections Code with
respect to elections conducted by mail, the City Clerk shall mail or deliver
to each qualified elector an official ballot in a form spe cified by the City
Council in the resolution calling the election, and shall also mail or deliver
to all such qualified electors a ballot pamphlet and instructions to voter,
including a sample ballot identical in form to the official ballot but identified
as a sample ballot, a statement pursuant to Section 9401 of the said
Code, an impartial analysis by the City Attorney pursuant to Section 9280
of the said Code with respect to the ballot proposition contained in the
official ballot, ballot arguments and rebuttals, if any, pursuant to Sections
9281 to 9287, inclusive, of said Code, a return identification envelope with
prepaid postage thereon addressed to the City Clerk for the return of
voted official ballots, and a copy of this resolution; provided, howeve r, 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
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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:
(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.
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PASSED, APPROVED, and ADOPTED this 6th day of September 2022 by the following
vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
CITY OF SAN JACINTO:
________________________________
Crystal Ruiz, Mayor
ATTEST:
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
__________________________________
Michael J. Maurer, City Attorney
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Resolution No. 3946
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CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY
CERTIFY that the foregoing Resolution No. 3946 was passed, approved, and
adopted at the Regular Meeting of the San Jacinto City Council held on the 6th
day of September 2022.
AYES:
NAYS:
ABSENT:
ABSTAIN:
WITNESS MY HAND AND OFFICIAL SEAL this 6th day of September 2022.
________________________________
Julia Espinoza, City Clerk
City of San Jacinto
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Resolution No. 3946
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EXHIBIT “A”
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN
JACINTO, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
APN: 437-310-029 and 439-180-015
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Resolution No. 3946
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EXHIBIT “B”
DESCRIPTION OF SERVICES
The types of services proposed to be provided for and financed by the proposed
District are:
(a) the maintenance of landscaped areas, parkways and medians improvements
throughout the District and public rights-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.
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EXHIBIT “C”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax shall be levied and collected in Community Facilities District No. 2020 -1,
City of San Jacinto (“CFD 2020-1”) each Fiscal Year, in an amount determined by the
application of the procedures described below. All of the Taxable Property (as defined
below) in CFD 2020-1, unless exempted by the provisions hereof, shall be taxed for the
purposes, to the extent and in the manner herein provided.
I. DEFINITIONS
The terms used herein shall have the following meanings:
“Accessory Dwelling Unit” means a secondary residential unit of limited size, as
defined in California Government Code Section 65852.1 as that may be amended from
time to time, that shares a Parcel with a Unit of Single Family Detached Property.
"Acre or Acreage" means the land area of an Assessor’s Parcel as shown on an
Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the
event the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage
for any Assessor’s Parcel shall be determined by the CFD Administrator based upon the
applicable final map, parcel map, condominium plan, or other recorded County parcel
map or calculated using available spatial data and GIS . The square footage of an
Assessor’s Parcel is equal to the Acreage of such parcel multiplied by 43,560.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5, Division 2 of Title 5 of the Government Act of the State of California.
“Administrative Expenses” means the following actual or reasonably estimated costs
directly related to the administration of CFD 2020 -1: the costs of computing the Annual
Special Tax Requirement and the annual Special Tax and of preparing the annual
Special Tax collection schedules; the costs of collecting the Special Taxes, including
any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s
Office; the costs of the City or designee in complying with the disclosu re 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
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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.
“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.
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“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.
“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.
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“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.
“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.
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“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 Uni ts 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 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
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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, townh ome,
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 val id
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.
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.
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Second. Levy the Special Tax on each Parcel of Developed Property,
Proportionately, up to the Maximum Special Tax described in the table
below to satisfy the Annual Special Tax Requirement.
Third. If additional monies are needed to satisfy the Annual Special Tax
Requirement after the first step has been completed, the Special Tax shall
be levied Proportionately on each Assessor’s Parcel of Undeveloped
Property up to 100% of the Maximum Special Tax for Undeveloped
Property.
Under no circumstances will the Special Tax levied against any Assessor’s Parcel of
Developed Property be increased by more than 10% as a consequence of
delinquency or default by the owner of any other Assessor’s Parcel within CFD No.
2020-1.
TABLE 1
SPECIAL TAX RATES – TAX ZONE NO. 1
FISCAL YEAR 2020/21*
Property Type
Special Tax
Rate Per
Expected
Special Tax
Revenue
Commercial Property $1,585.20 Acre $13,601.00
Undeveloped Property $1,585.20 Acre $13,601.00
*On each July 1, commencing on July 1, 2021, the
Maximum Special Tax Rate and Expected Special Tax
Revenue for each Tax Zone shall be increased by the Tax
Escalation Factor.
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TABLE 2
CONTINGENT SPECIAL TAX RATES – TAX ZONE NO. 1
FISCAL YEAR 2020/21*
Property Type
Contingent
Special Tax
Rate
Per
Expected
Contingent
Special Tax
Revenue
Commercial Property $5,406.45 Acre $46,387.30
Undeveloped Property $5,406.45 Acre $46,387.30
*On each July 1, commencing on July 1, 2021, the
Maximum Special Tax Rate and Expected Contingent
Special Tax Revenue for each Tax Zone shall be increased
by the Tax Escalation Factor.
Maximum Special Taxes
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within each
Tax Zone shall be the greater of the Special Tax as show in Table 1 or the Backup
Special Tax.
The Maximum Contingent Special Tax for each Assessor’s Parcel of Taxable Property
within each Tax Zone shall be the greater of the Contingent Special Tax as show in
Table 2 or the Backup Contingent Special Tax.
Backup Special Taxes
The Backup Special Tax for each Assessor’s Parcel of Taxable Property within each
Tax Zone shall be the rate per Acre that results in the Expected Special Tax Revenue
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 l ocated on that Assessor’s
Parcel.
IV. FORMULA FOR PREPAYMENT OF SPECIAL TAX OBLIGATIONS
The Special Tax may not be prepaid.
3.A.4.a
Packet Pg. 48 Attachment: CFD 2020-1 Annex. No. 7 - Resolution 3946 of Intention (CFD 2020-1 Annex 7 - Resolution 3946 of Intent - Century Communities)
Resolution No. 3946
C-9
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 w ithin 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 wh o 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 Speci al
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.
3.A.4.a
Packet Pg. 49 Attachment: CFD 2020-1 Annex. No. 7 - Resolution 3946 of Intention (CFD 2020-1 Annex 7 - Resolution 3946 of Intent - Century Communities)
Resolution No. 3946
C-10
If the property owner disagrees with the CFD Administrator’s decision relative to the
appeal, the owner may then file a written appeal with the City Council whose
subsequent decision shall be final and binding on all interested parties. If the decision of
the CFD Administrator or subsequent decision by the City Council requires the Special
Taxes to be modified or changed in favor of the property owner, no cash refund shall be
made for prior years’ Special Taxes, but an adjustment shall be made to credit future
Special Taxes.
This procedure shall be exclusive and its exhaustion by any property owner shall be a
condition precedent to filing any legal action by such owner.
3.A.4.a
Packet Pg. 50 Attachment: CFD 2020-1 Annex. No. 7 - Resolution 3946 of Intention (CFD 2020-1 Annex 7 - Resolution 3946 of Intent - Century Communities)
Resolution No. 3946
C-1
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, 439-070-021
&
439-070-031
2022/23 $530.20/Acre $7,550.10
5 434-102-001 2022/23 $10,428.92/Acre $6,778.80
6 439-111-003 & 439-111-
004 2021/22 $1,641.69/Acre $3,743.06
7
434-230-003, 434-230-
004, 434-250-002, 434-
271-026, 434-300-012,
434-300-013, 434-300-016
& 434-300-017
2022/23
$1,200.00/Single
Family Detached
Property Unit
$442,800.00
8 437-310-029 & 439-180-
015 2022/23
$1,229.00/Single
Family Detached
Property Unit
$189,266.00
* 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.
3.A.4.a
Packet Pg. 51 Attachment: CFD 2020-1 Annex. No. 7 - Resolution 3946 of Intention (CFD 2020-1 Annex 7 - Resolution 3946 of Intent - Century Communities)
Resolution No. 3946
C-2
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, 439-070-021
&
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
6 439-111-003 & 439-111-
004 2021/22 $5,599.12/Acre $12,766.00
7
434-230-003, 434-230-
004, 434-250-002, 434-
271-026, 434-300-012,
434-300-013, 434-300-016
& 434-300-017
2022/23
$0.00/Single
Family
Detached
Property Unit
$0.00
8 437-310-029 & 439-180-
015 2022/23
$439.00/Single
Family
Detached
Property Unit
$67,606.00
* 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.4.a
Packet Pg. 52 Attachment: CFD 2020-1 Annex. No. 7 - Resolution 3946 of Intention (CFD 2020-1 Annex 7 - Resolution 3946 of Intent - Century Communities)
ANNEXATION MAP NO. 7 OFCITY OF SAN JACINTOCOMMUNITY FACIL ITIES DISTRICT NO. 2020-1ANNEXATION NO. 7 (TAX ZONE NO. 8)
FIL ED IN THE OFFICE O F THE CITY CL ERK OF THE CITY OF S AN JAC INTO THIS ________ DAY OF____________, 20____.
________________________________________CITY CLERKCITY OF SAN JACINTORIVERSIDE CO UNTY, CALIFORNIA
I HERE BY CE RTIFY THAT THE WITHIN MAP S HO WING THE PROPOS ED B OU NDARIES OF ANNEXATIO N NO. 7TO CITY OF SAN JAC INTO COMMUNITY FAC IL ITIES DISTRICT NO . 2020 -1 A NNEXATIO N NO. 7 (TAX ZO NE NO. 8),COUNTY OF RIVERS IDE , STATE O F CA LIFO RNIA, WA S A PPROVE D BY THE CITY CO UNCIL OF THE CITY O F SA NJACINTO, AT A M EE TIN G THE REO F, HEL D O N THE _____ DAY O F ____________, 20 ____, BY ITS RESO LUTIO NNO. __________________.
________________________________________CITY CLERKCITY OF SAN JACINTORIVERSIDE CO UNTY, CALIFORNIA
FIL ED TH IS ________ DAY O F ____________, 2 0____, AT THE HOUR O F _______ O’CLOCK __M , IN BOOK________ OF MA PS OF ASS ESS MEN T AND COMMU NITY FACIL ITIES DIS TRICTS AT PAGE ______ IN THE OFFICEOF THE CO UNTY RECORDER OF THE C OUNTY O F RIV ERSIDE, S TATE OF CALIFORNIA.
____________________________DEPUTYCOUNTY RE COR DERCOUNTY OF RIVERS IDE, C ALIFORNIA
FO R PARTICULA RS OF THE LINES A ND DIMEN SION S OF AS SESS O R PAR CELS, REFEREN CE IS MADE TO THEMAPS OF THE ASS ESS OR, COUN TY OF RIVERS IDE, STATE OF CAL IFORNIA.
REFE REN CE IS HE REBY MA DE TO THAT CERTAIN M AP ENTITLED “PR OP OS ED BOUNDARY MAP OF CITY OFSAN JACINTO COMM UNITY FA CILITIES DISTRICT NO. 202 0-1 , COUNTY OF RIVE RSIDE, STATE OF CALIFOR NIA ”FIL ED TH E 20 TH D AY OF MAY, 202 0, AT THE HOUR O F 11:04 O’CLOC K A.M . IN BOOK 85 O F M AP S OFASSESSMENT AND CO MM UNITY FAC ILITIE S DISTRICTS AT PA GE 14 A ND AS INS TRUMENT N O. 2020-0214738 INTHE OFFICE O F THE COUN TY RECOR DER FOR TH E C OUNTY O F RIVE RSIDE, S TATE OF CALIFO RNIA, W HIC HTHIS A NNEXATION M AP AFFE CTS . CE RTAIN A NNEXATION PROCEE DING S HAVE BEEN CONDUCTED WHICHHAVE ADDE D OTHER TERRITORY TO THIS COMMUN ITY FACILITIE S DISTR ICT NO IDENTIFIED IN THISBOUNDARY MAP.
CIT Y OF SAN JACINTOCOUNTY OF RIVERSIDESTATE OF CA LIFORNIA
COMMONWEALTH AVEHEWITT STARROYO VIEJO DRHEWITT STESPLANADE AVE
COMMONWEALTH AVE ARROYO VIEJO DRPABLO
L
NCHATHAM WAY
SENATOR WAYCAMINO DE ORO TURQUESA DRCONGRESS AVEA LTA V I S TA C T
JUSTICE AVE
AMETISTA DRCANINO DE PLATA
RUBI CT
PEACOCK DR
INDEPENDENCE AVE KATRINA LNWINDSOR PLSHA NA PLEXETER CTFLINT CTARENAS LNZAPHIRO CT
PERLA CT
DIAMAN TE CT BRISTOL CTSTACY WAYW EAV E R WAYMONROE CIRYORKTOWN CIRHAWTHORNE STCASCADIAN WAYVAN BUREN CIRBROWNING CT
437-310-029
439-180-015
She et 1 of 1
Source: Riverside County GISGeographic C oordinate Reference: GCS North American 1983Projection: NAD 1983 StatePlane California VI FIP S 0406 Feet
ESPLANADE AVE
HEWITT STEVANS S T
ESPLANADE AVE
EVANS S T
HEWITT STCOM M ONW EALT H AV ESAN JACINTO AVEVILLINES AVESANTA FE STREINHART ST LAS ROSAS DRSECOND ST
PEACOCK DRSANTA FE AVEJUS TICE AVEIRWIN STEL MONTE ST
AVENID
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N
DELAY
LUNA WAY
DA VINCI DR
MILL IRON WAYKATRINA LNGIRARD STLA E NTRADA PABLO LNA LTA V I STA C T TIMOTHY DRCHATHAM WAY
SENATOR WAYPUENTES DRCAMINO DE ORO
G
A
L
I
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E
O
WA
Y
A
V
E
N
ID
A
R
O
S
A
M
U
N
D
ICONGRESS AVERAVEN RDINDEPENDENCE AVE
AMETISTA DRKALPE SH DR
CANINO DE PLATACOLONIAL WAYROSEMONT CIR
Legen d
Ann e xa tion Boundary
Ann e xa tion Parcel
Surr ounding Area Parcels
S I T ESITE
V I C I N I T Y V I C I N I T Y M A PMAP
0 250 500125 Feet
O
3.A.4.b
Packet Pg. 53 Attachment: CFD 2020-1 - Exhibit A Annexation Map No. 7 (CFD 2020-1 Annex 7 - Resolution 3946 of Intent - Century Communities)
September 6, 2022
TO: City Council
REQUESTED BY: Tom Prill, Deputy City Manager
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Action on AB 1951 and SB 1186
RECOMMENDATION:
Staff recommends the City Council consider action on AB 1951 (Grayson) and SB 1186
(Wiener).
DISCUSSION:
Recently, the League of California Cities communicated two “Action Alerts” to its member
municipalities. One alert was regarding Assembly Bill 1951 (Grayson) (AB 1951), while the
other concerned Senate Bill 1186 (Wiener) (SB 1186), and both alerts requested “OPPOSE”
letters.
According to the League, AB 1951 would provide manufacturing companies a full sales tax
exemption on new equipment purchased for the next five years. Under existing law,
manufacturers may receive an exemption of the state share of the sales tax, as well as receive full
exemptions for equipment that does not replace jobs and helps build California’s “green
economy,” through the California Alternative Energy and Advanced Transportation Financing
Authority. AB 1951 would extend this to include all sales taxes on all new equipment purchases,
including the sales taxes received by the City. While the impact on all of California is estimated
at $2 billion, an estimated impact on the City has not been calculated. As of the Agenda posting,
AB 1951 is “on the Governor’s desk,” so any letter of support or opposition would be sent to his
office.
According to the League, SB 1186 would (1) eliminate a local jurisdiction’s ability to prohibit
medical cannabis retail activities, regardless of the needs or conditions in the jurisdiction, and (2)
restrict the ability of jurisdictions that permit and regulate cannabis retailers to set appropriate
local regulations, which are developed in a public process. SB 1186 would undermine the intent
of the Medicinal and Adult-Use Cannabis Regulation and Safety Act. A financial impact on the
State and the City has not been calculated. As of the Agenda posting, SB 1186 was “on the
Assembly floor” and being heard last week, as the state legislative session was scheduled to end
on September 1. However, if passed at that time, SB 1186 would move on to the Governor for
signing or veto, so any letter of support or opposition would be sent to his office.
Mayor Ruiz has requested the City to send “OPPOSE” letters based on the two League
communications, requesting that the Governon veto the bills.
Attached are the letter templates and “Action Alert” communicated by the League.
3.A.5
Packet Pg. 54
FISCAL IMPACT:
Fiscal impacts on the City have not been calculated for either AB 1951 or SB 1186.
ATTACHMENTS:
AB 1951 (Grayson) SAMPLE VETO Request 8.28.22
SB 1186 (Wiener)- Sample Oppose- Floor 08.25.22
ACTION ALERT SB 1186 (Wiener) 08.25.22
3.A.5
Packet Pg. 55
NOTE: To send this letter to the Governor’s Office, please send it via email to
leg.unit@gov.ca.gov. Please send a copy to your legislators, your Regional Public Affairs
Manager, and the Cal Cities’ city letter account (cityletters@calcities.org).
***CITY LETTERHEAD***
DATE
The Honorable Gavin Newsom
Governor, State of California
1021 O Street, Suite 9000
Sacramento, CA 95814
Re: AB 1951 (Grayson) Sales and use tax: exemptions: manufacturing.
REQUEST FOR VETO (As Amended August 1, 2022)
Dear Governor Newsom:
The City/Town of __________ respectfully requests your veto of AB 1951 (Grayson) which
provides manufacturing companies a full sales tax exemption on new equipment for
the next five years, including any local voter-approved transaction and use taxes. This
measure cuts local budgets by over $2 billion, including direct cuts to behavioral health
programs in the middle of a behavioral health and homelessness crisis.
Under existing law, manufacturers may receive an exemption for the state share of the
sales tax, so they already pay less sales tax than other businesses. Manufacturers can
also receive full exemptions for equipment that does not replace jobs and helps build
California’s green economy, through the state’s California Alternative Energy and
Advanced Transportation Financing Authority.
While we support California’s manufacturing industry, including through local services
and incentives such as ___________, the City/Town of __________ can ill-afford any
additional erosion of its sales and use tax revenues in the short or long-term.
PLEASE NOTE HOW YOUR CITY WILL BE AFFECTED BY THIS BILL.
AB 1951 will impact cities’ ability to support unhoused residents and improve housing
affordability, transportation, and public safety.
For these reasons, the City/Town of _______ respectfully requests your veto of AB 1951.
Sincerely,
NAME
TITLE
CITY/TOWN of ______________
3.A.5.a
Packet Pg. 56 Attachment: AB 1951 (Grayson) SAMPLE VETO Request 8.28.22 (Action on AB 1951 and SB 1186)
cc: The Honorable Timothy S. Grayson, California State Assembly
Angela Pontes, Deputy Legislative Secretary, Office of Governor Newsom
Ronda Paschal, Deputy Legislative Secretary, Office of Governor Newsom
Your Regional Public Affairs Manager, League of California Cities (via email)
League of California Cities (via email: cityletters@calcities.org)
3.A.5.a
Packet Pg. 57 Attachment: AB 1951 (Grayson) SAMPLE VETO Request 8.28.22 (Action on AB 1951 and SB 1186)
ALL LETTERS MUST BE UPLOADED INTO THE ELECTRONIC PORTAL. The portal automatically
sends letters to the author’s office and the committee(s) of jurisdiction. Please visit the
California Legislature Position Letter Portal to create an account and upload the letter.
If you are having difficulty accessing the portal, please contact Meg Desmond at
Mdesmond@calcities.org.
In addition to submitting the letter through the portal, please send a physical copy to
your Legislator(s), and email a copy to cityletters@calcities.org as well as your Regional
Public Affairs Manager.
***CITY LETTERHEAD***
DATE
The Honorable Assembly Member Anthony Rendon
Speaker of the Assembly
State Capitol Room 219
Sacramento, CA 95814
RE: SB 1186 (Wiener) Medicinal Cannabis Patients’ Right of Access Act.
Notice of OPPOSITION (As Amended August 22, 2022)
Dear Speaker Rendon,
The City/Town of __________ is opposed to SB 1186 (Wiener).
This measure would undermine the carefully negotiated framework between the
Legislature and local governments that ensures counties and cities can set regulatory
standards associated with local land-use authority.
We believe that local control must be sustained. This includes the ability to restrict or
prohibit commercial cannabis activities or impose stricter local standards than those
afforded in state regulations.
SB 1186 would undermine the intent of the Medicinal and Adult-Use Cannabis
Regulation and Safety Act by (1) eliminating a local jurisdiction's ability to prohibit
medical cannabis retail activities, regardless of the needs or conditions in the
jurisdiction, and (2) restricting the ability of the large number of jurisdictions that permit
and regulate cannabis retailers to set appropriate local regulations, which are
developed in a public process.
PLEASE CITE IMPACTS OF REGULATING CANNABIS IN YOUR CITY.
Local jurisdictions are a critical partner in cannabis regulation. Without their willing
participation, this program cannot succeed. SB 1186 would disregard both the intent of
the state’s regulatory framework and the reality that local jurisdictions in California have
vastly different needs.
3.A.5.b
Packet Pg. 58 Attachment: SB 1186 (Wiener)- Sample Oppose- Floor 08.25.22 (Action on AB 1951 and SB 1186)
For these reasons, the City/Town of _______ opposes SB 1186.
Sincerely,
NAME
TITLE
CITY/TOWN of ______________
cc: The Honorable Senator Scott Wiener
Members, California State Senate
Members, California State Assembly
Your Cal Cities Regional Public Affairs Manager, via email
League of California Cities (via email: cityletters@calcities.org)
3.A.5.b
Packet Pg. 59 Attachment: SB 1186 (Wiener)- Sample Oppose- Floor 08.25.22 (Action on AB 1951 and SB 1186)
ACTION ALERT
SB 1186 (Wiener)
Medicinal Cannabis Patients’ Right of Access Act
OPPOSE
ACTION:
SB 1186 is on the Assembly Floor and will be taken up within the next week.
All Assembly Members need to hear from their cities. Voice your opposition to
SB 1186 by calling and emailing your Assembly Member TODAY.
Background: The ability of local jurisdictions to regulate cannabis retailers was central to
the passage of both the original Medical Cannabis Regulation and Safety Act and
Proposition 64. It is also integral to the combined Medicinal and Adult-Use Cannabis
Regulation and Safety Act (MAUCRSA).
The Legislature worked closely with stakeholders to create a regulatory framework for
medical cannabis more than a year before Proposition 64 was enacted. That
legislatively-enacted framework serves as the foundation for the regulatory structure
provided in the adult-use scheme. In the construction of both frameworks, the crafters
recognized the critical need for local control, primarily as part of cities' and counties'
land-use authority.
What does SB 1186 specifically do?
SB 1186 would undermine the intent of MAUCRSA by:
• Eliminating a local jurisdiction's ability to prohibit medical cannabis retail
activities, regardless of the needs or conditions in the jurisdiction.
• Restricting the ability of the large number of jurisdictions that permit and regulate
cannabis retailers to set appropriate local regulations, which are developed in a
public process.
Talking Points:
• We ask you to oppose SB 1186 as it would undermine the carefully negotiated
framework between the Legislature and local governments that ensures counties
and cities can set regulatory standards associated with local land-use authority.
• SB 1186 would require every jurisdiction to prepare regulatory ordinances in
anticipation of retail delivery applicants, and the initial costs for jurisdictions may
never be fully recouped.
• Changing the local authorization rules while the state is still in the implementation
phase of the regulatory framework will impede the gradual, but consistent,
progress that local jurisdictions have made toward expanding cannabis retail
permitting throughout the state.
3.A.5.c
Packet Pg. 60 Attachment: ACTION ALERT SB 1186 (Wiener) 08.25.22 (Action on AB 1951 and SB 1186)
September 6, 2022
TO: City Council
REQUESTED BY: Julia Espinoza, City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Update on Artesia Main Water Line Emergency Replacement
RECOMMENDATION:
Staff recommends that the City Council:
1. RECEIVE AND FILE the report on the emergency replacement of the water main line
on Artesia Street between N. Jordan Avenue and N. Alognia Avenue; and
2. DETERMINE that there is a need to continue the emergency action pursuant to San
Jacinto Municipal Code §3.08.070(B)(1)
DISCUSSION:
On August 2, 2022, the San Jacinto City Council authorized the emergency replacement of the
water main line on Artesia Street between N. Jordan Avenue and N. Algonia Avenue. Per San
Jacinto Municipal Code §3.08.070(B)(1), the City Manager is required to submit a report at
every regular City Council meeting until the emergency action is terminated.
Staff contacted six pipeline construction companies and has received preliminary estimates from
two interested companies – Genesis Pipeline Construction and 4 West Pipeline Services. The
scope of service includes the trenching and removal of 340 feet of existing pipe, installation of
new C-900 pipe at 48 inches below grade, final connection of the new line, reconnection of
service lines, backfilling the trench, and paving with 3-inch asphalt.
August 16, 2022 Update
The Engineering Department is finalizing the design and specifications to receive a more
accurate bid. The proposals will be evaluated based on total cost, availability to begin work, and
the contractor’s experience with similar projects.
September 6, 2022 Update
Public Utilities Staff identified one additional contractor, Taylor Underground, Inc., as having
interest in bidding the project. The Engineering Department issued the final design and
specifications on August 23, and Staff held a site walkthrough with all three contractors on
August 30. All three contractors requested clarifying information regarding details in the design
specifications. Staff is working with the Engineering Department to respond to the requests for
information. Once the requests for information have been answered, the contractors will submit
3.A.6
Packet Pg. 61
final bids, and Staff will proceed with vendor selection and project award.
FISCAL IMPACT:
There is no fiscal impact with regard to this update. On August 2, 2022, the City Council
approved an appropriation of $600,000 in ARPA funds to cover the cost of the project. No
additional expenditures are anticipated.
3.A.6
Packet Pg. 62