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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 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 A R O U 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 L 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.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. 3.A.4.a Packet Pg. 33 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 3 of 21 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 3.A.4.a Packet Pg. 34 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 4 of 21 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 3.A.4.a Packet Pg. 35 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 5 of 21 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. 3.A.4.a Packet Pg. 36 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 6 of 21 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.4.a Packet Pg. 37 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 7 of 21 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 3.A.4.a Packet Pg. 38 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 A-1 EXHIBIT “A” LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN JACINTO, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: APN: 437-310-029 and 439-180-015 3.A.4.a Packet Pg. 39 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 B-1 EXHIBIT “B” DESCRIPTION OF SERVICES The types of services proposed to be provided for and financed by the proposed District are: (a) the maintenance of landscaped areas, parkways and medians improvements throughout the District and public 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. 3.A.4.a Packet Pg. 40 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 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 3.A.4.a Packet Pg. 41 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 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. 3.A.4.a Packet Pg. 42 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-3 “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. 3.A.4.a Packet Pg. 43 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-4 “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. 3.A.4.a Packet Pg. 44 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-5 “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 3.A.4.a Packet Pg. 45 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-6 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. 3.A.4.a Packet Pg. 46 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-7 Second. Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the Maximum Special Tax described in the table below to satisfy the Annual Special Tax Requirement. Third. If additional monies are needed to satisfy the Annual Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped Property. Under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2020-1. TABLE 1 SPECIAL TAX RATES – TAX ZONE NO. 1 FISCAL YEAR 2020/21* Property Type Special Tax Rate Per Expected Special Tax Revenue Commercial Property $1,585.20 Acre $13,601.00 Undeveloped Property $1,585.20 Acre $13,601.00 *On each July 1, commencing on July 1, 2021, the Maximum Special Tax Rate and Expected Special Tax Revenue for each Tax Zone shall be increased by the Tax Escalation Factor. 3.A.4.a Packet Pg. 47 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-8 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 A R O U 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 L 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