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HomeMy WebLinkAboutResolution - 2530 STATE OF CALIFORNIA ) RESOLUTION NO.2530 `�- COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (ANNEXATION NO. 3 INTO CFD 2003-1 —APN NO. 437-300-006-5) WHEREAS, the CITY COUNCIL of the CITY OF SAN JACINTO, CALIFORNIA, ("City Council'), formed a Community Facilities District and certain improvement areas therein pursuant to the terms and provisions 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 (the "Act") The Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 2003-1 (the "District"); and WHEREAS, the District was formed for the purpose of financing the cost of (a) additional police protection services, including, but not limited to, criminal justice services and (b) additional fire protection and suppression services throughout the District; and WHEREAS, the territory proposed to be annexed to the District (the "Territory") is shown on a map showing thereof entitled"Annexation Map No. 3 To Community Facilities District No. 2003-1, City of San Jacinto, County Of Riverside, State of California" (the "Annexation Map'), attached hereto as Exhibit "A". WHEREAS, this legislative body now desires to proceed to adopt its Resolution of Intention to annex the Territory to the District, to describe the Territory to be included within District and the Territory proposed to be annexed thereto, to specify the services to be financed from the proceeds of the levy of special taxes within the Territory, to set and specify the special taxes that would be levied within the Territory to finance such services, and to set a time and place for a public hearing relating to the annexation of the Territory to the District. NOW, THEREFORE, IT IS HEREBY RESOLVED determined and ordered by the City Council of the City of San Jacinto: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. LEGAL AUTHORITY. These proceedings for annexation are initiated by this City Council pursuant to the authorization of the Act. SECTION 3. INTENTION TO ANNEX: DESCRIPTION OF TERRITORY. *40- This legislative body hereby determines that the public convenience and necessity requires that the Territory be added to the District and this City Council declares its intention to annex the Territory to the District. A general description of the territory included in the District is hereinafter described as follows: All that property and territory as originally included within the District, as such property is shown on the map of the original District as approved by this City Council and designated by the name of the original District. A copy of such map is on file in the Office of the City Clerk and has also been filed in the Office of the County Recorder. SECTION 4. NAME. The proposed annexation shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 2003-1, ANNEXATION MAP NO. 3. SECTION 5. SERVICES AUTHORIZED TO BE FINANCED BY THE DISTRICT. The services that are authorized to be financed by the District from the proceeds of special taxes levied within the District are certain services which are in addition to those provided in or required for the territory within the District and will not be replacing services already available. A general description of such services to be financed by the District is as follows: (a) additional police protection services, including, but not limited to, criminal justice services and (b) additional fire protection and suppression services; and The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide for the construction, maintenance, operation and management of such public property. If and to the extent possible such services shall be provided in common within the District and the Territory. SECTION 6_ SPECIAL TAXES It is the further intention of this City Council body that, 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 r� recordation of a continuing lien against all non-exempt real Page 2 of 5 property in the Territory, will be levied annually within the �- boundaries of such Territory. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated hereto as Exhibit "B" (the "Special Tax Formula"), which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the same services in the District, except that a higher or lower special tax may be levied within the Territory to the extent that the actual cost of providing the services in the Territory is higher or lower than the cost of providing those services in the District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher that the maximum special tax authorized to be levied pursuant to the Special Tax Formula. The special taxes herein authorized, to the extent possible; shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer. The maximum special tax rate in the District shall not be increased as a result of the annexation of the Territory to the District. SECTION 7. PUBLIC HEARING. Notice is given that on May 6, 2004, at the hour of 7 o'clock p.m., in the regular meeting place of the legislative body, being the San Jacinto Unified School District board room located at 2045 San Jacinto Avenue, San Jacinto, California, a public hearing will be held where this legislative body will consider the authorization for the annexation of the Territory to the District, the proposed method and apportionment of the special tax to be levied within the Territory and all other matters as set forth in this resolution of intention. Page 3 of 5 At such public hearing, the testimony of all interested persons for or against the annexation of the territory or the levying of special taxes within the Territory will be heard. At such public hearing, protests against the proposed annexation of the Territory, the levy of special taxes within the Territory or any other proposals contained in this resolution may be made orally by any interested person. Any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities or defects to which objection is made. All written protests shall be filed with the City Clerk prior to the time fixed for the public hearing. Written protests may be withdrawn at any time before the conclusion of the public hearing. SECTION 8. MAJORITY PROTEST. If (a) 50% or more of the registered voters, or six(6) registered voters, whichever is more, residing within the District, (b) 50% or more of the registered voters, or six(6) registered voters, whichever is more, residing within the Territory. (c) owners of one-half or more of the area of land in the territory included in the District, or(d) owners of one-half or more of the area of land in the territory included in the Territory, file written protests against the proposed annexation of the Territory to the District in the future and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the City Council on the issued discussed at the public hearing. SECTION 9. ELECTION. Upon the conclusion of the public hearing, if the legislative body determines to proceed with the annexation, a proposition shall be submitted to the qualified electors of the proposed annexed area. The vote shall be by registered voters within the proposed annexed area; however, if there are less than 12 registered voters, the vote shall be by landowners, with each landowner having one vote per acre or portion thereof within the Territory. SECTION 10. NOTICE. Notice of the time and place of the public hearing shall be given by the City Clerk by publication in the legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. VA� Page 4 of 5 APPROVED AND ADOPTED this 1 st day of April, 2004, by the following NOW vote: Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent None Abstain: None CITY OF SAN JACINTO 13 Ayres, ayor ATTEST: UWW 7 D rothy L. C uinard, City Clerk Page 5 of 5 EXHIBIT A NWW BOUNDARY MAP OF TERRITORY TO BE ANNEXED INTO THE DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2003-1 OF THE CITY OF SAN JACINTO COUNTY OF RIVERSIDE STATE OF CALIFORNIA law A- 1 SHEET 1 OF 1 ANNEXATION MAP NO. 3 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA (1) Filed in the office of the City Clerk of the City of San Reference is hereby made to that certain map entitled "Amended Boundaries of Jacinto this zadJ day of mkecH , 2004. City of San Jacinto Community Facilities District No. 2303-1, County of ���' �� Riverside, Stale of California,"filed the 22nd day of December, 2003, at the hour of 8 o'clock a.m. in Book 55 at pages 58-59, and as instrument number Dorothy oulnard, San Jacinto City Clerk 2003-995886 in the office of the County Recorcer of the County of Riverside, State of California, which this Annexation Map affects. (2) I hereby certify that the within map showing the proposed LEGEND boundaries of Annexation No. 3 to City of San Jacinto u111111 IRI Boundaries of Annexation No. 3 to Assessor Parcel Number within Community Facilities District No. 2003-1, Riverside County, City of San Jacinto community Annexation No. 3 to Community State of California, was approved by the City Council at a Facilities District No. 2003-1 Facilities District No. 2003-1: regu'ar meeting thereof, held on this day of 437-300-006-5 Assessor PorcO Number 437-300-006-5 r l ,2004, by its Resolution No. 2530 HAVER SWEET Dorothy Ch inard, San Jacinto City Clerk Reference is hereby mane to w the Assessor maps of the w (3) Filed this_!at day of Apy t I , 2004, at the w County of Rive-side for on 7 exact description of the hour of �3 o'clock Lm, In Book S(a of 'lnes and dimensions of �+Fff �i� f' each lot and parr ei. Maps of Assessment and Community Faciiities 437-300-006-5 N a Districts at page__al_ and as Instrument No, o �odl nzsa.,%l in the office of the County _ U) Recorder of Riverside County, State of California- VANS STREET_ ¢ a —j Fee - .ao pC ¢ I O Z F X C unt Reorder of Riverside Count Exempt recording requested per � c_ CJvt� y — CA Government Code§6103 Prepared ❑y Uevid Taussig & Assoclvtes, Inc. EXHIBIT B RATE AND METHOD OF APPORTIONMENT COMMUNITY FACILITIES DISTRICT NO. 2003-1 OF THE CITY OF SAN JACINTO COUNTY OF RIVERSIDE STATE OF CALIFORNIA e- � a.. 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 Year2003-2004, 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 ']'he 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 otherrecorded 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 anmial 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 lives 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 Octa&r 30,2003 Community Facilities District Nu.2003-1 Pape I "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 Angcics. "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 cacti Fiscal Year, all Taxable Property for which a building permit for new construction was issued after March I, 2003 and as of March l of the previous Fiscal Year. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Flour Area" for any Nun-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 I and Table 2. "Maximum Special Tax" means the Maximum Special Tax A antl/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. w.. City of San Jacinto GrrnAer 30,2ptl3 Community Facilities District No.2003-1 Page 2 "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 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 I of the previous Fiscal Year;provided however that any property]eased 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 casement. "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 'fax 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. City of San Jacinm Orto&r.30,2003 Community Facilides District No. 2003-1 Page 3 lqft.. "Special Tax Requirement" means that amount required in any Fiscal Ycar to meet the needs 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 Assessors 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 I and 2 based on the type of structure located on the Assessor's Parcel. Non-Rctail 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 Rcquircmcnt. a, Developed Property (i) Maximum Special Tax A The Maximum Special "fax A for Fiscal Year 2003-2004 for each Land Use Class is shown below in Table I. (ily of San Jaeimo October 30,2003 Community Facilities District/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 I Single Family Property $350 per unit Apartment Property $262.50 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 I,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. City of San Jacinto October 30,2003 Community Facilities District No. 200.1-1 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 I Single Family Property $600 pei unit 2 Apartment Property $450 per unit Non-Retail 3 Commercialllndustrial $R204 per SF of Floor Area �. Property b. Increase in the Maximum Special Tax B 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 Jacinth October.30,2003 Community Facilities District No. 2003-1 Page 6 Notwithstanding the above, under no circumstances will the Special Tax A levied against any Assessor's Parcel of Residential Property forwhich 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. HOWCVCr, should an Assessor's Parcel no longer be classified as Retai I 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 vaguoncss or ambiguity in this Rate and Method of Apportionment. City nfSan Jacinto October 30,2003 Community Facilities District ?Vb. 2003-7 Page 7 C. 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 ditfcrcni 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. K5C'Iients2%San Jac inioWelio%Police&Fire CFDIRN A%1 Crvicesnna9.duc fir. — Cily of San Jacinto October 30,2003 Commrenity Facilities District No.2003-I Page 8