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HomeMy WebLinkAboutResolution - 2543 STATE OF CALIFORNIA ) RESOLUTION NO. 2543 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA AUTHORIZING THE ANNEXATION OF TERRITORY IN THE FUTURE TO COMMUNITY FACILITIES DISTRICT NO. 2003-1 WHEREAS, the City Council of the City Of San Jacinto (the "City Council'), has declared its intention, conducted proceedings and held a public hearing relating to the authorization to annex territory in the future to Community Facilities District No. 2003-1 (the "District") pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982" (the "Act'), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof; and WHEREAS, notice of such public hearing was given in the form and manner as required by the Act, and. WHEREAS, all communications relating to the authorization to annex territory in the future were presented at such public hearing, and it has further been determined that a majority protest as defined by Government Code Section 53339.6 has not been received against the proposed annexation in the future to the District; and, WHEREAS, it has now been determined to be within the best public interest and convenience to establish a procedure to allow and provide for future annexations to the District and further to specify the amount of special taxes that would be levied in any future annexation area, as well as setting forth the terms and conditions for certification of any annexation in the future, and, WHEREAS, the area proposed to be annexed in the future shall be known and designated as Community Facilities District No_ 2003-1 (Future Annexation Area) (the "Future Annexation Area"), and a map showing the territory of the area proposed to be annexed in the future has been submitted, which said map has been previously approved by this City Council and a copy of said map shall be kept on file with the transcript of these proceedings. NOW, THEREFORE, BE IT 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. Determinations. It is hereby determined by this City Council as follows: Pagel of 6 A. All prior proceedings pertaining to the annexation of the �► Future Annexation Area to the District in the future were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Act, and that this finding and determination is made pursuant to the provisions of Government Code Section 53325.1. B. The written protests against the annexation of the Future Annexation Area to the District received do not represent a majority protest as defined by the Government Code Section 53339.E and, therefore, the annexation of the Future Annexation Area to the District in the future has not been precluded by majority protest pursuant to Government Code Section 53339.6. C. The public convenience and necessity require a procedure to authorize and provide for territory to be annexed in the future to the District in order to finance the costs and expenses necessary to provide the public services and public facilities described below. D. The annexation of the Future Annexation Area to the District in the future as proposed conforms with the City +� of San Jacinto statement of goals and policies regarding the establishment of community facilities districts. E. The provision for the annexation of the Future Annexation Area to the District in the future and the authorization to levy special taxes within the Future Annexation Area upon the annexation thereof to the District to finance the public services and the public facilities described below does not constitute a commitment to finance any specific project which may result in a potentially significant physical impact on the environment. Such annexation and such authorization to levy special taxes constitutes the creation of a government funding mechanism which does not involve the commitment to any specific project which may result in a potentially significant physical impact on the environment. Therefore, the provision for the annexation of the Future Annexation Area to the District in the future and the authorization to levy special taxes within the Future Annexation Area upon the annexation thereof to the District does not constitute a "project' Page 2 or 6 which is subject to the provisions of the California Environmental Quality Act (California Public Resources Code Section 21000 and following). SECTION 3. Annexation Authority. This legislative body does hereby authorize for the annexation of territory in the future pursuant to the provisions and authorization of Article 3.5 of the Act. SECTION 4. Description of the Future Annexation Area. A description of the Future Annexation Area is attached in the boundary map set forth in Exhibit "A" hereto. SECTION 5 Description of Services and Facilities. The types of public services to be financed from the levy of special taxes in the District, including the Future Annexation Area, are those described as follows: (a) additional police protection services, including but not limited to, criminal justice services and (b) additional fire protection and suppression services. The public services and public facilities shall to the maximum extent practicable, taking into account budgetary and operational demands of the City of San Jacinto, be provided in common within the District and the Future Annexation Area. SECTION fi_ Special Taxes. It is the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to pay for such services to be provided in the Future Annexation Area, secured by recordation of a continuing lien against all non-exempt real property in the Future Annexation Area, will be levied annually within the boundaries of the Future Annexation Area. The special taxes shall be those as originally authorized through the formation of the District and adopted by ordinance of this legislative body, and no changes or modifications are proposed in the special taxes from those as originally set forth and made applicable to the District. For particulars as to the rate and method of apportionment of the proposed special tax, reference is N"W made to the attached and incorporated Exhibit "B", Page 3 of 6 which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Future Annexation Area to clearly estimate the maximum annual amount that said person will have to pay on said special tax. The proposed special taxes 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; however, as applicable, this legislative body may establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the District. SECTION 7. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes described in Section 7 above'. A. Each such special tax shall be levied for the specific purposes set forth in Section 7 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 7 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 Code Section 50075.3. Page 4 of 6 SECTION 8. Annexation Effective Date. Annexation of territory in the Future Annexation Area to the District in the future shall be effective only upon the unanimous approval of the owner or owners of each parcel or parcels to the annexation of such parcel or parcels and the election by such owner or owners to subject such parcel or parcels to the levy of the special tax at the time that any parcel is proposed for annexation. Upon receipt of the written consent and the election by such owner or owners, no further public hearings will be required to effectuate the annexation of such parcel or parcels to the District. SECTION 9. Annexation Required as Condition of Approval of Land Use Entitlements. Annexation of territory within the Future Annexation Area shall be a condition precedent to the approval by or the consent of the City of San Jacinto of any discretionary land use entitlement for the use or development of territory within the Future Annexation Area. The Fire Chief is hereby directed to take any and all action necessary to implement this requirement. NRV- Page 5 of 6 APPROVED and ADOPTED this 3`d day of June, 2004 by the following vote: Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres Nays: None Absent: None Abstain. None CITY OF SAN JACINTO By: m Ay re Mayor ATTEST.- Dijothy L. Ch inard, City Clerk I APPROVED AS TO FORM: 6 Vn tto rney Best Best & Kreiger, LLP Page 6 of 6