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
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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.
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Cily of San Jacinto October 30,2003
Commrenity Facilities District No.2003-I Page 8