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HomeMy WebLinkAboutResolution - 2484 STATE OF CALIFORNIA ) RESOLUTION NO. 2484 COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2003-1 OF THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND ESTABLISHING THE BOUNDARIES THEREOF WHEREAS, the City Council (the "City Council") of the City of San Jacinto (the "City") has heretofore adopted on October 2, 2003, Resolution No. 2476, stating that a proposed community facilities district to be known as "Community Facilities District No. 2003-1 of the City of San Jacinto, County of Riverside, State of California" (the "Community Facilities District'), is proposed to be established under the terms of Chapter 2.5 (commencing with § 53311) 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"), and fixing the time and place for a public hearing on the establishment of the Community Facilities District; and WHEREAS, notice was published and mailed to the owners of property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District, the levy of the special taxes therein, the of public services therein by the Community Facilities District, and of the time and place of said public hearing; and WHEREAS, an November 6, 2003, at the time and place specified in said published and mailed notices, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the financing of services by the Community Facilities District; and WHEREAS, prior to said hearing there was filed with the City Council a report (the 'Report') containing a description of the services being financed within and for the Community Facilities District, and an estimate of the cost of such financing, as required by Section 53321.5 of the California Government Code; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the establishment of the Community Facilities District, the levy of the spe- cial taxes and the financing of services therein were heard, and a full and fair hearing was held; and WHEREAS, the City Council may therefore proceed to establish the Community Facilities District; Page 1 of 7 NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Now Council of the City of San Jacinto: Section 1. Findings. The City Council finds as follows: (i) all of the preceding recitals are correct, (ii) on November 6, 2003, pursuant to notice thereof duly given as provided by law, the City Council conducted a public hearing with respect to the establishment of the Community Facilities District and the annual levying of specified special taxes on the taxable property within the Community Facilities District to pay the costs of services for the Community Facilities District which are described in Section 3 hereof, (iii) the boundary map of the Community Facilities District has been recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code as Instrument No. 2003-81 7 1 1 8 at page number 2-3 of book number 55 in the Book of Maps of Assessment and Community Facilities Districts of the official records of the County of Riverside, (iv) all prior proceedings with respect to the establishment of the Community Facilities District prior to and during the hearing with respect to the establishment of the Community Facilities District conducted by the City Council on November 6, 2003, were valid and in conformity with the requirements of Chapter 2.5 (commencing with § 53311) of fart 1 of Division 2 of Title 5 of the California Government Code, (v) no written protests were received at or prior to the time of said hearing against the establishment of the Community Facilities District or the levying of said special taxes by the Com- munity Facilities District, and said special taxes have, therefore, not been limited by majority protest pursuant to Section 53324 of the California Government Code, (vi) the City Council is, therefore, authorized to adopt a resolution of formation pursuant to � Section 53325.1 of the California Government Code for the establishment of Community Facilities District No. 2003-1 of the City of San Jacinto, County of Riverside, State of California, and the Community Facilities District should be established. Section 2. Establishment of Community Facilities District. Community Facilities District No. 2003-1 of the City of San Jacinto, County of Riverside, State of California, is hereby established. The boundaries of the Community Facilities District are set forth in Exhibit "A" attached hereto and are also shown on the map entitled "Map of Boundaries of Community Facilities District No. 2003-1 of the City of San Jacinto, County of Riverside, State of California" which is on file with the City Clerk and said boundaries are hereby established_ Section 3. Types of Services: Incidental_Expenses_ The District shall finance the costs of additional police protection services, including, but not limited to, criminal justice services and additional fire protection and suppression services within and surrounding the area of the District and the costs associated with the determination of the amount of collection of taxes, the payment of taxes and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District. Criminal justice services shall be limited to providing services for jails, detention facilities, and juvenile halls. Section 4. Sgecial Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of services provided in Section 3 above of the Community Facilities District and any territory to be annexed in the future, and the annual administrative expenses of the City and the Community Facilities District in Page 2 of 7 I%W determining, apportioning, levying and collecting such special taxes shall be annually levied within the Community Facilities District and any territory to be annexed in the future. The rate and method of apportionment of said special taxes shall be as set forth in Exhibit "B" attached hereto and by this reference made a part hereof. The City Council finds that the methodology for determining and apportioning annual amounts of special taxes, and maximum annual amounts of special taxes set forth in Exhibit "B" hereto are based upon the cost of making the services available to each lot and parcel in the Community Facilities District. The special taxes will be apportioned to each lot or parcel on the foregoing basis pursuant to Section 53325.3 of the California Government Code and, therefore, such special taxes are not on or based upon the ownership of real property. Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Community Facilities District and this lien shall continue in full force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the special tax ceases. The City of San Jacinto, 201 E. Main Street, San Jacinto, California is designated as the office responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel numbers and for estimating future special tax levies pursuant to Section 53340.1 of the Act. Section 5. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50015.1, this City Council hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes described in Section 4 above: A. Each such special tax shall be levied for the specific purposes set forth in Section 4. above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 4. above. C. The District shall establish a separate account into which the proceeds of each such special tax shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government N%W Code Section 50075.3. Page 3 of 7 Section 6. Annexation of Territory. Other property within the corporate boundaries of the City of San Jacinto may be annexed into the proposed community facilities district in accordance with the Act. Section 7 Exempt Property Pursuant to Section 53340 of the California Government Code. properties of entities of the state, federal and local governments shall be exempt from the levy of special taxes of the proposed community facilities district. Section 8 Report. The Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the Community Facilities District, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings. Section 9 Description of Voting Procedures. The voting procedures to be followed in conducting the consolidated special elections on (i) the proposition with respect to the levy of special taxes on the land within the Community Facilities District to pay the costs of additional police protection services, including, but not limited to, criminal justice services and additional fire protection and suppression services within and surrounding the area of the District and the costs associated with the determination of the amount of collection of taxes, the payment of taxes and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District, and (ii) �. the proposition with respect to the establishment of an appropriations limit for the Community Facilities District in the amount of $20,000,000, if the Community Facilities District is established and such consolidated special elections (the "consolidated special elections") are held, shall be as follows: (a) If at least 12 persons have been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public or protest hearing (the "protest hearing"), the vote in the consolidated special elections shall be by the registered voters of the Community Facilities District with each voter having one vote. In that event, the consolidated special elections 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 and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the ballots for the consolidated special elections shall be distrihuted to the qualified electors of the Community Facilities District by mail with return postage prepaid or by personal service, and the consolidated special elections shall be conducted as a mail ballot election. (b) If 12 persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the protest hearing, and pursuant to Section 53326 of the California Government Code, the vote is therefore to be by the landowners of the Community Facilities District, 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 the Community Facilities District, the consolidated special elections shall be conducted by the City Clerk as follows: Page 4of7 (1) The consolidated special elections shall be held on the earliest date, following the adoption by the City Council of the resolution determining the necessity for the Community Facilities District to incur a bonded indebtedness pursuant to Section 53351 of the California Government Code, the resolution of formation establishing the Community Facilities District pursuant to Section 53325.1 of said Code, and a resolution pursuant to Section 53326 of said Code submitting the propositions with respect to (i) the levy of special taxes to pay the costs of services described in Section 3 hereof of the Community Facilities District, and (ii) the establishing of an appropriations limit therefor to the qualified electors of the community facilities district, upon which such elections can be held pursuant to said Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the Community Facilities District and the City Clerk agree and concur is acceptable. (2) Pursuant to said Section 53326, the consolidated special elections may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the Community Facilities District waive the time limits for conducting the elections set forth in said 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 said Section 53326, ballots for the consolidated special �... elections 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 sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with § 4000 of the California Elections Code with respect to elections conducted by mail), the City Clerk shall mail (or deliver) to each qualified elector an official ballot in a form specified by the City Council in the resolutions calling and consolidating the consolidated special elections, and shall also mail 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, an impartial analysis by the City Attorney pursuant to Section 9280 of said Code with respect to the ballot propositions contained in the official ballot, arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, and 9295 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 the form of resolution of formation establishing the community facilities district, adopted by the City Council pursuant to Section 53325.1 of the California Government Code, and the exhibits thereto; provided, however, that such analysis and arguments may be waived with the unanimous consent of all the landowners, and in such event a finding regarding such waivers shall be made in the resolution adopted by the City Council calling the consolidated special elections IWAW (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- Page 5 of 7 voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within the Community Facilities 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 instruction to voter form to be mailed by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by no later than 7:00 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 elections, the City Clerk shall canvass the votes cast in the consolidated special elections, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot. The procedures set forth in this section for conducting the consolidated special elections, if they are held, may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council. rr. Page 6 of 7 APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City Of San Jacinto on the 61" 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 1;-'rZ A;�,- b m Ayres, "or ATTEST: y.. orothy Ch inard, City Clerk APPROVE RM: 6 toMo City Attorney Best, Best & Krieger Page 7 of 7 DoC n 2004-0252264 04/08/2004 WHEN RECORDED, RETURN TO: Conformed Copy a Has not been compared with original CITY CLERIC Gary L 4rso CITY OF SAN JACINTO County of Riverside 201 EAST MAIN ST. Assessor, county clerk & Recorder SAN JACf TO, CA 92583 NOTICE OF SPECIAL TAX LIEN Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Govermnent Code, the undersigned CITY CLERK of the CITY OF SAN JACINTO, acting on behalf of COMMUNITY FACILITIES DISTRICT NO. 2003-01 (the"District"),HEREBY GIVES NOTICE that a lien is hereby imposed on taxable property within the District to secure payment of a special tax which the City Council of the City of San Jacinto, County afRiverside(the"County"), State of California, is authorized to annually levy for the following purpose: Such special tax shall be utilized to finance the services described below and to pay the costs of administering the bonds and the District. The types of public facilities authorized to be financed include the following: %0� Police protection and fire protection and suppression services as may be authorized by the goals and policies of the City Council pertaining to the use of the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California and the City of San Jacinto Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of San Jacinto under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California. The special tax is authorized to be levied within the District and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53310.5 of the Government. Code. The rate and method of apportionment of the authorized special tax is as shown on the attached referenced and incorporated Exhibit "A." The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by Page I of 2 resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax canceled are set forth in Exhibit"A." Notice is further given that upon the recording of this notice in the Office of the County Recorder, the obligation to pay the special tax levy shall become a lien upon all non- exempt real property within the District in accordance with Section 3115.5 of the Streets and Highways Code. The(a)names of the owner(s)of the real property included within the District as they appear on the last secured assessment roll as of the date of recording of this Notice and(b) the Assessor's tax parcel(s)numbers of all parcels or any portion thereof which are included within of the District are as set forth on the attached, referenced and incorporated Exhibit IeB „ Reference is made to the boundary map of the District recorded at Book 55 ,Page 2-3 , Document No 817118 of Maps of Assessment and Community Facilities Districts in the Office of the County Recorder for the County of Riverside, State of California, which map is now the final boundary map of the District. For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien,interested persons should contact the following designated person. ANDREA ROESS DAVID TAUSSIG& ASSOCIATES 1301 DOVE ST., SUITE 600 NEWPORT BEACH, CA 92660 DATED. November 6, 2003 G " TY CLERK CITY OF SAN ACINTO STATE OF CALIFORNIA Page 2 of 2 II f EXHIBIT A 74) SHEET 1 OF 2 AMENDED BOUNDARIES OF CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA This map amends the proposed boundary map for Gity 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 2.3, as instrument No. 2003-81711a, 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 Rook 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 D50-024 (1) Filed in the office of the City Clerk of the City of San 431 - 100-002 Jacinto this j� day of AxtGrEx.,2003- (3) Filed this z2rdday of Dec¢mb¢r ,2003,at the 431 -100-007 / hour of e o'clock Am, in Book 55 of 431 -100-014 t< Cytp k1aps of Assessment and Community Facilities E 431 -160-006 t h ru 431 -160-009 Dorothy Ch uinard,San Jacinto City Clerk Districts at page sg 59 and as Instrument No. 431 -180-01 8 2zns- 39agscn in the Office of the County 431 - t 80-020 Recorder of Riverside County,Slate of California. 431 -180-021 � 431 -180-061 431 -190-019 (2} 1 hereby cerlify that the withm map showing the Fee 431 -190-020 amended boundaries of Community Facilities District tssassot c,-.Y r.� ac 431 -190-021 No.2003.1,Riverside County, State of California,was 431 .190-024 nc,a br�eZv 431 410 OD3 t h ru 431 4'0-015 approved by the City Council at a regular meeting County Recorder of Riverside County' thereof, held on this 6 day of 6k e�r 434-160-009 2003,by its Resolution No. 21492 434-160-010 4,34-300-002 `� -!,_V f/_ - ./ 434-300-011 t�Y>ril''{} fA"lU Rill( Reference is hereby made to 434-300-012 D othy C ouinard,San Jacinto City Clerk the Assessor mops of the 434-300-D13 County of Riverside for on exact description of the 435-240.021 lines and dimensions of evch lot and parcel. Prepared oy David raussig & Associates. Inc. If SHEET 2 OF 2 AMENDED BOUNDARIES OF CITY OF SAN JACINTO Ramona Exwy COMMUNITY FACILITIES DISTRICT NO. 2003-1 COUNTY OF RIVERSIDE v v - STATE OF CALIFORNIA Record Rd o LFGFND �wwwww� Amended Roundories of C.rnr-iunity �,,d Faeilities District No. 2003-1 Private Rd 1 Assessor PoiI Number Bergin Sty Ramona Exwy San I 5` ]acintoSe I'vol, � J < Burt St Scott St d o a •,�� .- ,,,` c J moo, J 9 A Artesi St \ / r Y Cohonwood Ave each I E Main St 1l .roam � I •ar-rsv�wi. 31 ro-vri �r, 7th 5lreet = i •°' Shaver St o °• #,Ern m Old 2nd St I � E Evans St N. W LL -Z G Esplanade Ave m Cpmmonwe th Ave Washington Ava �— 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 Lipp]icable final map,parcel map,condominium plan,or other recorded County parcel map. "Act"meansthe 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 publ is 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 unite available for rental, but not purchase, by the general public and under corrnnorr management. "Assessor's Parcel Map"means an official map of the Assessor of the County designating parcels by Assessor's Parcel number. Lary aJ'San Jacinto Octoher 30,2003 Community Facilities District No. 2003-1 Page 1 "CFD Administrator" means an official of the City, or designee thereof, responsible for 4 calculating; the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD No. 2003-1" moans 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 I, 2003 and as of March 1 of the previous Fiscal Year, "Fiscal Year" means the period starting July I and ending on the following June 30. "Flour Area" I'or any Non-Residential Property means the total square footage of the building(s) located on such properly,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 "fable 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 Aeinin October 30,2003 Community Facilities District No.2003-1 Page 2 �.. "Non-Retail CommerciaUlndustrial 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 Dcvclopcd 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 I 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 casement making impractical its utilization for other than the purpose set forth in the casement. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constricting 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 clianges, 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 ench 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. City of San Jacinto October 30,2003 Coormuniry Facilities Distrier No. 2003-1 Page 3 �40W "Special Tax Requirement" means that amount required in any Fiscal Year to mccl the ncx ds ofCFD 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 F,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 I 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 Propertv 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 I. CIV of San Jacinto October 30,2003 Communitr Facifidev District No.2003-1 Page 4 TABLE 1 11ft. Maximum Special Tax A for Developed Property For Fiscal Year 2003-2004 Community Facilities District No. 2003-1 Land Use Class Description Maximum Speciai Tax A I Single Family Property $350 per unit 2 Apartment Property S262.50 per unit 3 Non-Retail $0.1 19 per SF of Floor Area 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 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 lirr In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class, The Maximum Special Fax that can be levied on an Assessor's Parccl 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 Ievicd on Undeveloped Property. City of Sarr Jacinto October 30,206,4 Community Facilities District Nn. 2003-1 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 ClassT7Descripti.on Maximum Special Tax B I Single Family Property $600 per unit 2 Apartment Property S450 per unit Non-Retail 3 ConunercialJlndustrial $0.204 per SF of Floor Area I%W Property b. Increase in the Maximum Social Tax R On each July 1,commencing on July I,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, City of San Jacinto October 30,2003 Communio Farildies District No. 203-1 Page 6 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 Maximurrt 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 lice 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 Spccial"luxes. 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 Spccial 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. City of San Jacinto October 30,2003 Community Facilities District No.2003-1 Page 7 G. MANNER OF COLLECTION `%wI The Special Tax A shall be collectcd 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 n shall be paid directly to the City. II. TERM OF SPEC[AL TAX The Special Tax A and Special Tax B shall be levied as long as necessary to Aind items(i) and(ii)of the Special Tax Rcquircnient. KnClients21S.in Jacinto MelIcTulicc&File i'FDIRMAIserviccsnna9.doc 'Vr l'ity of Sa n Jaeinio Octa ber 30,2603 Community Facilities Distriet No. 2003-1 Page 8 CITY OF SAN JACINTO "+- COMMUNITY FACILITIES DISTRICT NO. 2003-01 NOTICE OF SPECIAL TAX LIEN EXHIBIT B ASSESSOR'S PARCEL NUMBER(S)-- APN 431020007 -Ruth A. Martin 431190024 -Temecula Valley LLC 431040026-Ming Wong Cheung 431410003 - Richard L. Beck 431040027-Ming Wong Cheung 431410004- Richard L Beck 433030001 - Ming Wong Cheung 431410005 - Richard L. Beck 433030002 -Ming Wong Cheung 431410006- Richard L. Beck 431050018 - 431410007- Richard L. Beck 431050024 Osborne Development 431410008 - Richard L. Beck 431100002 - Rancho Kanaska 43 141 0009- Richard L. Beck 431100007 -Robert B. Clark 431410010-Richard L. Beck 431100014 -Robert B Clark 431410011 -- Richard L Beck 431160006-John Oostdam& Son Dairy 431410012 -Richard L. Beck 431 160007-John Oostdam& Son Dairy 431410013 -- Richard L. Beck 431160008 - John Oostdam & Son Dairy 43144 0014 -Richard.L. Beck 431160009 -John Oostdam & Son Dairy 431410015 - Richard L. Beck 431180018 -John & Leslie Monsen / Temecula Valley 434160009 Karl E &Reba C Buchwitz/Steven 431 f 80020-Bunker Family LP/Munson Family LP A. and M. Pastor 43 1 180021 -Bunker Family LP/Munson Family LP 434160010 -Edward& Louie I loekstra 431180061 -Temecula Valley LLC 434300002 -Ray A. & Gladys M Polverini 431190019 -Temecula Valley LLC 434300011 - Ray A. & Gladys M Polverini 431190020 - Temecula Valley LLC 434300012-Ray A. & Gladys M Polverim 431 190021 - Temecula Valley LLC 434300013 -Ray A. & Gladys M Polverini 435240021 - Encore Homes B - 1