HomeMy WebLinkAboutResolution - 3484 STATE OF CALIFORNIA ) RESOLUTION NO. 3484
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF SAN
JACINTO DECLARING ITS INTENTION TO ANNEX
TERRITORY INTO COMMUNITY FACILITIES DISTRICT
NO. 2003-1 AND TO AUTHORIZE THE LEVY OF SPECIAL
TAXES THEREIN
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 54
RESOLVED by the City Council (the "Council') of the City of San Jacinto (the
"City"), County of Riverside, State of California, that:
WHEREAS, the Council has previously conducted proceedings to establish
Community Facilities District No. 2003-1 (the "CFD") pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of
Division 2 of Title 5, commencing at Section 53311, of the California Government Code;
and
WHEREAS, the Council has received a petition (including waivers) from the
landowner requesting that it annex into the CFD under the Act, to provide for the costs
of services, and the Council now desires to commence proceedings to annex territory
into the CFD as described herein; and
WHEREAS, under the Act, this Council, as the legislative body for the CFD, is
empowered with the authority to annex territory to the CFD, and now desires to
undertake proceedings to annex territory to the CFD.
NOW, THEREFORE, it is hereby RESOLVED, determined and ordered by the
City Council of the City of San Jacinto as follows:
SECTION 1. This Council hereby finds and determines that public convenience
and necessity require that territory be added to the CFD.
SECTION 2. The name of the existing CFD is "City of San Jacinto Community
Facilities District No. 2003-1."
SECTION 3. A general description of the territory included in the existing CFD is
hereinafter described as follows: All that property and territory as originally
included in the existing CFD heretofore recorded as Instrument No. 2003-995886
in the office of the County Recorder for the County of Riverside on December 22,
2003 in Book 55 at Page 58-59 of Maps of Assessments and Community
Facilities Districts, to which map reference is hereby made, and as such map was
amended as a result of prior annexations. A description of the boundaries and
territory proposed to be annexed is as follows: All that territory proposed to be
annexed to the CFD is as shown on the Annexation Map for Annexation No. 54
to the CFD, on file with the Clerk, the boundaries of which territory are hereby
preliminary approved and to which map reference is hereby made for further
particulars. The City Clerk is hereby directed to cause to be recorded such
Annexation Map, showing the territory to be annexed, in the office of the County
Recorder of the County of Riverside within fifteen days of the date of adoption of
this resolution.
SECTION 4. The type of services financed by the CFD and pursuant to the Act
shall consist of those services described as follows: (a) police protection
services, including but not limited to, criminal justice services, and (b) fire
protection and suppression services. It is presently intended that the services will
be provided, without preference or priority, to the existing territory in the CFD and
the territory proposed to be annexed to the CFD.
SECTION 5. Except to the extent that funds are otherwise available to the CFD
to pay for the services, a special tax sufficient to pay the costs thereof, secured
by recordation of a continuing lien against all non-exempt real property in the
CFD (including the property to be annexed thereto), is intended to be levied
annually within the CFD, and collected in the same manner as ordinary ad
valorem property taxes.
SECTION 6. The special tax proposed to be levied for services to be supplied
within the territory proposed to be annexed will be equal to the special taxes
levied to pay for the same services in the CFD, except that a higher or lower
special tax may be levied within the territory proposed to be annexed to the
extent that the actual cost of providing the services in that territory is higher or
lower than the cost of providing those services in the CFD. Notwithstanding the
foregoing, the special tax may not be levied at a rate which is higher then the
maximum special tax authorized to be levied pursuant to the CFD Rate and
Method.
SECTION 7. The proposed rate and method of apportionment of the special tax
among the parcels of real property within the CFD, as now in existence and
following the annexation proposed herein, in sufficient detail to allow each
landowner within the territory proposed to be annexed to the CFD to estimate the
maximum amount such owner will have to pay, are described in Exhibit B
attached hereto.
SECTION 8. Notice is given that on Tuesday, January 7, 2014, at 6:30 p.m. or as
soon thereafter as the matter may be heard, in the regular meeting place of this
Council at the City of San Jacinto, Community Center, 625 S. Pico Avenue, San
Jacinto, California, be, and the same are hereby appointed and fixed as the time
and place when and where this Council, as legislative body for the CFD, will
conduct a public hearing on the annexation of territory to the CFD, and consider
and finally determine whether the public interest, convenience and necessity
require said annexation of territory to the CFD and the levy of said special tax
therein.
SECTION 9. The City Clerk is hereby directed to cause notice of said public
hearing to be given by publication one time in a newspaper of general circulation
in the area of the CFD, including the area to be annexed to the CFD. The
publication of the notice shall be completed at least seven days before the date
herein set for said hearing. The City Clerk may also cause a copy of such notice
to be mailed to the registered voters and land owners within the territory
proposed to annexed, which shall be mailed at least fifteen days before the date
of said hearing. The notice shall be substantially in the form of Exhibit C hereto.
SECTION 10. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
on the 19th day of November, 2013.
City of San Jacinto
Mark Bartel, Mayor
ATTEST:
chard Milli, City Clerk
APPROVED AS TO FORM:
Best, Best & Krieger
r
Jeffr . Balling City Attorney
CERTIFICATION
I, Richard Miller, City Clerk of the City Council of San Jacinto, do hereby certify
that the foregoing Resolution No. 3484 was adopted and approved at a regular meeting
of the City Council of the City of San Jacinto held on the 19 h day of November, 2013.
AYES: Ledezma, Miller, Ruiz, Kotyuk, Bartel
NAYS: None
ABSENT: None
ABSTAINED: None
WITNESS MY HAND AND OFFICIAL SEAL this 19th day of November, 2013.
yja"'&�
Ric and Miller, City Clerk
City of San Jacinto
EXHIBIT A
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 54
ANNEXATION MAP
EXHIBIT B
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 54
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
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 applicable final map,parcel map,condominium plan,or other recorded 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 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 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 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 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 October 30,2003
Community Facilities District No.2003-1 Page 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 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 1, 2003 and as of March I of
the previous Fiscal Year.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Floor Area" for any Non-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 1 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 Jacinto October 30,2003
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 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 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 1 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
easement making impractical its utilization for other than the purpose set forth in the
easement.
"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 ofNon-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 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 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 Jacinto October 30,2003
Community Facilities District No.2003-1 Page 3
"Special Tax Requirement" means that amount required in any Fiscal Year to meet the
needs of CFD 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 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 1 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
Property 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 1.
City of San Jacinto 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
1 Single Family Property $350 per unit
2 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 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
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 Sail Jacinto October 30,2003
Community Facilities District No.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 Class Description Maximum Special Tax B
I Single Family Property $600 per unit
2 Apartment Property $450 per unit
Non-Retail
3 Commercial/Industrial $0.204 per SF of Floor Area
Property
b. Increase in the Maximum Special Tax B
On each July 1, commencing on July 1, 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
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 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 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. 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 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 vagueness or ambiguity in this Rate and Method of Apportionment.
City of San Jacinto October 30,1003
Community Facilities District No.1003-1 Page 7
G. 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 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 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.
K:\ClientsMan JacintoWelloftlice&Fire CFD\RMA\smicesrma9.doc
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City of Saa Jacinto October 30,2003
Community Facilities District No.2003-1 Page 8
EXHIBIT B
CITY OF JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1
MAXIMUM SPECIAL TAX A FOR
DEVELOPED PROPERTY
Land Use Description Fiscal Year 2003-04
Class Maximum Special Tax A [1]
1 Single Family Property $350.00 per unit
2 Apartment Property $262.50 per unit
3 Non-Retail Commercial/Industrial
Property $0.119 per SF of Floor Area
[I]On each July 1,commencing July 1,2004,the Maximum Special Tax A for Developed Property
shall be increased by the percentage change in the Consumer Price Index with a maximum annual
increase of six percent(6.00%)and a minimum increase of two percent(2.00%)of the amount in
effect in the previous Fiscal Year.
EXHIBIT C
CITY OF JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1
MAXIMUM SPECIAL TAX B
Land Use Description Fiscal Year 2003-04
Class Maximum Special Tax B [11
1 Single Family Property $600.00 per unit
2 Apartment Property $450.00 per unit
3 Non-Retail Commercial/Industrial
Property $0.204 per SF of Floor Area
[I]On each July 1,commencing July 1,2004,the Maximum Special Tax B for property where a
building permit has been issued shall be increased by the percentage change in the Consumer Price
Index with a maximum annual increase of six percent(6.00%)and a minimum increase of two
percent(2.00%)of the amount in effect in the previous Fiscal Year.
EXHIBIT C
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 54
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of San Jacinto will conduct a public hearing on Tuesday,
January 7, 2014 at 6:30 p.m. or as soon thereafter as the matter may be heard, in the Community Center
located at 625 S. Pico Avenue, San Jacinto, California, to consider the following:
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 54
On November 19, 2013, the City Council of San Jacinto adopted a Resolution entitled "A Resolution of
the City Council of San Jacinto Declaring Its Intention to Annex Territory into Community Facilities District
No. 2003-1 and to Authorize the Levy of Special Taxes therein" (the "Resolution of Intention"), all as
provided in the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 at seq.,
California Government Code) (the "Act"). Reference is hereby made to the Resolution of Intention on
file in the office of the City Clerk of the City of San Jacinto for further particulars. The following is a
summary of the provisions of the Resolution of Intention.
In the Resolution of Intention, the City Council declared its intention to annex territory into Community
Facilities District No. 2003-1 (the "CFD"). The area proposed to be annexed to the CFD is as shown on
the Annexation Map, on file with the City Clerk, and identified in Exhibit A of the Resolution of Intention.
The type of services financed by the CFD and pursuant to the Act shall consist of those services
described as follows: (a) police protection services, including but not limited to, criminal justice services,
and (b) fire protection and suppression services. It is presently intended that the services will be
provided, without preference or priority, to the existing territory in the CFD and the territory proposed to
be annexed to the CFD. The Resolution of Intention provides that the special taxes heretofore caused to
be levied in the CFD shall be levied in the territory proposed to be annexed, subject to public hearing
and owner consent proceedings as specified in the Act.
At the hearing, the testimony of all interested persons for or against the annexation of territory or future
annexation of territory to the CFD or the levying special taxes within the territory proposed to be annexed
or proposed to be annexed in the future will be heard. Any person interested may file a protest in writing
with the City Clerk.
Is/ Rick Miller
City Clerk
City of San Jacinto