HomeMy WebLinkAboutResolution - 2482 STATE OF CALIFORNIA ) RESOLUTION NO. 2482
COUNTY OF RIVERSIDE )
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO AMENDING THE BOUNDARY MAP AND RATE AND
METHOD OF APPORTIONMENT OF SPECIAL TAXES TO
BELEVIED ON PARCELS OF TAXABLE PROPERTY WITHIN
THE CITY OF SAN JACINTO COMMUNITY FACILITIES
DISTRICT NO. 2003-01 TO MODIFY THE BOUNDARY MAP AND
MAKE MINOR TECHNICAL CHANGES THERETO
WHEREAS, on October 2, 2003, the City Council (the "City Council") of
the City of San Jacinto adopted Resolution No. 2476, the resolution of intention to
establish City of San Jacinto Community Facilities District No. 2003-01 , County of
Riverside, State of California (the "Community Facilities District"), and
WHEREAS, by Resolution No. 2476 the City Council, among other
matters, approved the Boundary Map for the Community Facilities District, attached
thereto as Exhibit "A" and the Rate and Method of Apportionment of Special Taxes to be
levied on all parcels of taxable property within the Community Facilities District,
attached thereto as Exhibit "B", to finance the provision of police protection and fire
protection and suppression services, and
WHEREAS, it has come to our attention that it will be necessary to modify
the Boundary Map of the Community Facilities District attached as Exhibit "A" to
Resolution No. 2476 and make minor technical changes to the Rate and Method of
Apportionment of Special Taxes attached as Exhibit "B" to Resolution No. 2476 that do
not increase or alter the special taxes to be levied on parcels of taxable property within
the Community Facilities District; and
WHEREAS, it is necessary and desirable that the City Council amend the
Boundary Map and Rate and Method of Apportionment of Special Taxes to make said
minor changes therein;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED
BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO AS FOLLOWS:
Section 1. The Boundary Map is hereby amended to include only those parcels listed
in Exhibit "A' hereto.
Section 2. The Rate and Method of Apportionment of Special Taxes shall be and is
hereby amended to include certain minor technical changes that do not
increase or alter the taxes to be levied on parcels of property within the
Community Facilities District as set forth in Exhibit "B" attached hereto.
Section 3 The amended Boundary Map and Rate and Method of Special Taxes as
�` set Forth in Exhibits "A" and "B", respectively, to the Resolution of
Formation to be adopted by the City Council of the City of San Jacinto on
November 6, 2003 will be the final Boundary Map and final Rate and
Method of Apportionment of Special Taxes for the Community Facilities
District and will hereafter control for purposes of this proceeding.
APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of San Jacinto on the 6tn day of November, 2003 by the following vote, to wit:
Ayes: Conner, Shaw, Stubblefield, Ayres
Nays: None
Absent: Carlson-Buydos
Abstain: None
CITY OF SAN JACINTO
<�Z z U. -
a.. B Jim Ay , Mayor
ATTEST:
Dorothy L. C uinard
City Clerk
APPROVED AS TO FORM:
"VI
City Attorney
Best, Best & Krieger, LLP
w
FW07
SHEET 1 OF 2 AMENDED BOUNDARIES OF 5
CITY OF SAN,JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
This map amends the proposed boundary neap for City of San Jacinto community
Facilities District No. 2003.1 , county of Riverside, state of California, prior
Assessor Parcel Numbers recorded at Book 55 of Maps and Assessment and Community Facilities Districts at
within the Amended Boundaries of Page 2-32 as instrument No. 2003-817118, on October 17, 2003 in the office of
Community Facilities District No. the County Recorder for the County of Riverside, State of California.
2003-1: This map also amends the amended boundary map for City of San Jacinto Community
431 -020-007 Facilities District No, 2003.1 , County of Riverside, State of California, prior
431 -040-026 recorded at Book 55 of Maps and Assessment and Community Facilities Districts at
431 -040-027 Pages 38 - 39, as instrument No. 2003-929989, on Novemeber 25, 2003 in the
433-030-001 office of the County Recorder for the County of Riverside, State of California.
433-030-002
431 -050-018
431 -050-024 (1) Filed in the office of the City Clerk of the City of San
431-100-002 Jacinto this 66-day of Mw&Qxr,2003. (3) Filed this midday of Dtr:¢mbar ,2003,at the
431 -100.007 hour of 8 o'ckxk A m,in Book 55 of
431 -100-014 Maps of Assessment and Community Facilities
431 -160-006 th ru 431- 160-009 Dorothy Ch uinard,San Jacinto City Clerk Districts at page sa•sa and as Instrument No,
431 -180-018 in the office of the County
431 -180-020
431 -180.021 Recorder of Riverside County,Stale of California.
431 -180-061
431 -190-019 (2) 1 hereby Certify that the within map showing the Fee .�
GrrtY� oRso
431 -190-020 amended boundaries of Community Facilities District .4ssasoc uwc4- uAvaaore
431 -190-021 No.2003-1,Riverside County,State of California,was
431 -190-024 approved by the City Council at a regular meeting County Recorder of Riverside County
431 -410-003 t h r u 431 -410-015 thereof, held on thisr�day of Aboe+wlasr ,
434-160-009 2003,by its Resolution No. 214 8 2
434-160-010
434-300-002 7)Ici,1r44 (20GlLr?ullf
434-300-011 Reference le hereby made to
434-300-012 Doothy ouinard,San Jacinto City Clerk the Assessor maps of the
434-300 013 County of Riverside for an exact description of the
435-240-021 lines and dimensions of
each lot and parcel.
Prepared by ❑avid ToussEq k Associates, Inc.
SHEET 2 OF 2 AMENDED BOUNDARIES OF
CITY OF SAN JACINTO
Ramona Exwy
COMMUNITY FACILITIES DISTRICT NO. 2003-1
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
�o Record Rd
7
�d
8
LEGEND
Amended Boundaries of Cammunity
x Facilliles District No. 2003-1
Private Rd ec� �
i Qot` m ........... Waterway
6 e,me on �j� R
Assessor Parcel Number
N /� f r� Z Bergin $1
.y, „ems.•,. Ramona Exwy
c
/ San i
]acinto
Reservoir �•.b.e,e
i
m 4 n St
y k
HLOtt .Cit Q Q
a C
a J '2
m -� �F' rtBsi SI
/ Y Cottonwood Ave each St
� o
/ • ��� 5` Main St
I v
j � t
71h Street =
j .� Shaver Sl
Id 2nd Sl
y,. E Evans 51 .
,A9 LL
C
N,..rcos Esplanade Ave y�
�
Commorewes th Av
Washington Ave -
EXHIBIT B
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
%11' 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.
City of San Jacinto October 30,2003
Community Facilities District No. 2003-I Page I
"CFD Administrator" means an official of the City, or designee thereof,responsible for
�ftw 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.
r� "Fiscal Year" means the period starting July I 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 laemtit(s)issued for such Assessor's Parcel.
"Land Use Class" means any of the classes listed in Table I 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.I 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.
City of San Jacinto October 30,2003
Community Facilities District.rye. 2003-1 Page 2
`W "Nan-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 I 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 I of the previous Fiscal Year, by an unmanned utility
casement 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 ofNon-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 S" 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.
City of San ACMIO October 30,2003
Commaniry Facilities Aiserici No.2003-1 Page 3
�ftw "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 CommerciaVIndustrial 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.
City of San Jacinto October 30,2003
Community Facilifies Mstriet No. 2003-1 Page 4
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 $0,119 per SF of Floor Axea
Commercial/Industrial Property
(ii) Increase in the Maximum Special Tax.A
On each July 1,commencing on July 1,2004,the Maximum Special
Tax A shall be itrcreased 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.
City of San 7aeinto October 3U,2003
Community Facilities District No. 7003-1 Page 5
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
Non-Retail
3 Commercial/Industrial $0.204 per SF of Floor Area
% W Property
b. Increase in the Maximum Special Tax B
On each July I, 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 Tux
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.
City of San Jacinto W October 30,2003
Community Facitities District No.2003-1 Page 6
Notwithstanding the above,under no circumstances will the Special Tax A levied
,„W 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. EXEN PTIONS
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 hislltor 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.
lnterprctations 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,
City of San Jacinto Uctober 30,2003
Community Facilities District No.2003-1 Page 7
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 achially 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:%CiienLs2l5an]acintoWet]oTvIicc&Fire CFD\RMAIsery ice srmaMoc
"ti►
City of an Jacinto October 30,2003
Community Fneiiities District No.2003-1 Page 8