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HomeMy WebLinkAboutResolution - 2458 STATE OF CALIFORNIA ) RESOLUTION NO. 2458 W.,. COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO WITH RESPECT TO ESTABLISHMENT OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2003-2 OF THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA WHEREAS, the City Council of the City of San Jacinto ("City Council") has received a written petition signed by the owners of certain real property within the City of San Jacinto ("City") requesting that the City Council institute proceedings for the establishment of a community facilities district ("District') pursuant to Chapter 2.5 (commencing with Section 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') for the purposes of providing certain facilities and services which are necessary to meet increased demands placed upon the City as a result of the development of said real property, and agreeing to the annual levy of special taxes on said property sufficient to pay the costs of the facilities services to be provided by the City and the costs incidental thereto; and WHEREAS, pursuant to Section 53320 of the California Government Code, the City Council is required upon receiving such petition to adopt a resolution of intention to establish a community facilities district; NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto, as follows.- Section i. Proposed District. The District is proposed to be established under the terms of Chapter 2.5 (commencing with Section 53311) of D'art 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982." The name proposed for the community facilities district is "Community Facilities District No. 2003-2 of the City of San Jacinto, County of Riverside, State of California." Section 2. Description and Map of Boundaries. The boundaries of the proposed District are described in Exhibit "A" attached hereto, and are also shown on the map entitled "Boundaries of Community Facilities District No. 2003-2 of the City of San Jacinto, County of Riverside, State of California," which is on file with the City Clerk. OF- F Said map is approved and, pursuant to Section 3110 of the California Streets and Highways Code, the City Clerk shall, after I, conforming with the other requirements of Section 3111 of said Code, record the original of said map in her office, and not later than 15 days prior to the date of the public hearing set forth in Section 9 hereof shall file a copy of said boundary map with the County Recorder of the County of Riverside Said map shall be amended upon the annexation of territory by the proposed District in the future. Section 3. Types of Facilities and Services; Incidental Expenses. The types of facilities and services to be provided by the proposed community facilities district are the costs of maintenance of sewer facilities, which have an estimated useful life of five years or longer, within and surrounding the area of the community facilities district and within and surrounding the area of any territory to be annexed to the community facilities district in the future and the costs associated with the determination of the amount of and collection of taxes, the payment of taxes and costs otherwise incurred in order to carry out the authorized purposes of the community facilities district. "Maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of such sewer facilities, including, but not limited to the repair, removal, or replacement of all or any part of any improvement. Section 4. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the facilities and services provided in Section 4 above of the proposed community facilities district and any territory to be annexed in the future, and the annual administrative expenses of the City and the proposed community facilities district in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the proposed community facilities district and any territory to be annexed in the future. 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. However, under no circumstances shall the special tax levied against any parcel subject to the levy of the special tax pursuant to the rates and methods of apportionment be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the proposed community facilities district by more than ten (10) percent. The rates and method of �,. apportionment of said special taxes shall be as set forth in Page 2 of 7 Exhibit "B" attached hereto and by this reference made a part hereof. Section 5. Annexation of Territory. Other undeveloped property within the corporate boundaries of the City of San Jacinto may be annexed into the proposed community facilities district upon the condition that parcels within that territory may be annexed only with the unanimous approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed. Section 6. Exempt Properties. 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 7. Necessity. The City Council finds that the services described in Section 4 hereof are necessary to the development with the proposed community facilities district, as approved by the City Council. Section 8. Hearing. A public hearing on the establishment of the proposed community facilities district shall be held by the City Council at 7:00 p.m. on September 18, 2003, at the San Jacinto Unified School District Board Room, located at 20455 San Jacinto Avenue, San Jacinto, California. Section 9. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the California Government Code, and shall also give notice of the time and place of said hearing by first-class mail to each registered voter and to each landowner within the proposed community facilities district as prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least 15 days before the date of the hearing, and shall contain the information required by said Section 53322. Section 10. 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 the facilities and services described in Section 4 hereof and the costs associated with the determination of the amount and collection of taxes, and costs incurred 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 $1,000,000, if the community Page 3 of 7 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 proposed community facilities district for each of the 90 days preceding the close of the public or protest hearing ("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 distributed 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 9U 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: (1) The consolidated special elections shall be held on the earliest date, following the adoption by the City Council of 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 facilities and services provided by the community facilities district, and (ii) the establishment of an appropriations limit therefor to the qualified electors of the district, upon which such elections can be held pursuant to said Section 53326 Page 4 of 7 which may be selected by the City Council, or such wr 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 far 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 to each qualified elector an official ballot in a form specified by the City Council in the resolution 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, a statement pursuant to Section 9401 of said code, 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 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 Page 5 of 7 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. (5) The official ballot to be mailed by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-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 a.. 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 votei, (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 Page 6 of 7 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 7:00 p.m. on the date of the clection. (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 immediately after the elections 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. ADOPTED, SIGNED AND APPROVED this 7th day of August, 2003. City of San J cinto �l im Ayr Mayor ATTEST: rothy L. houinard, City Clerk APPROVED AS TO FORM: sty Attorney Best Best & Krieger LLP Page 7 of 7 CERTIFICATION I, Dorothy I Chouinard, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 2456 was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 7th day of August, 2003, by the following vote: Ayes: Conner, Shaw, Stubblefield, Ayres Nays: None Absent: Carlson-Buydos Abstain: None WITNESS MY HAND AND OFFICIAL SEAL this 7th day of August, 2003. orothy L. ouinard, City Clerk Page 5 of 7