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HomeMy WebLinkAboutResolution - 3685STATE OF CALIFORNIA ) RESOLUTION NO.3685 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 ESTABLISH A COMMUNITY FACILITIES DISTRICT City of San Jacinto Community Facilities District No. 2017-1 (Public Facilities Maintenance) WHEREAS, the City Council (the "City Council") of the City of San Jacinto (the "City"), County of Riverside, State of California, has received a petition (including waivers) from the landowner, representing not less than 10% of the area of land proposed to be included, requesting that it establish a community facilities district under the Mello -Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311 of the California Government Code (hereafter referred to as the "Act"); and WHEREAS, the City Council is authorized to establish a community facilities district and act as its legislative body and has previously adopted the Local Goals and Policies concerning the use of the Act; and WHEREAS, this City Council now desires by this resolution to commence proceedings to establish the proposed boundaries of the proposed community facilities district, shown on the boundary map (the "Boundary Map") on file with the City Clerk of the City (the "City Clerk"), to be known as "City of San Jacinto Community Facilities District No. 2017-1 (Public Facilities Maintenance)"; and WHEREAS, this City Council now desires to proceed with the actions necessary to consider the establishment of the CFD No. 2017-1. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: SECTION 1. Findings. This Council hereby finds and determines that public convenience and necessity require that a community facilities district (the "CFD") be formed and proposes to begin the proceedings necessary to establish a CFD pursuant to the Act. SECTION 2. Name of CFD. The name of the proposed CFD is "City of San Jacinto Community Facilities District No. 2017-1 (Public Facilities Maintenance)" referred to hereafter as "CFD No. 2017-1 ". SECTION 3. Boundaries. The proposed boundaries of CFD No. 2017-1 are hereby approved and adopted as shown on the Boundary Map of CFD No. 2017-1 on file with the City Clerk, a copy of which is attached hereto as Exhibit A and incorporated herein by reference. The City Clerk is hereby authorized and directed to record, or cause to be recorded, the Boundary Map of CFD No. 2017-1 in the office of the Riverside County Recorder within fifteen (15) days of the date of the adoption of this Resolution. SECTION 4. Services. The type of services (the "Services") proposed to be financed by the proceeds of the special tax of CFD No. 2017-1 and pursuant to the Act shall consist of those services described in Exhibit B hereto, which Exhibit is by this reference incorporated herein. The Council hereby determines that the Services are necessary to meet increased demands for such services placed upon local agencies as the result of development occurring within the area of CFD No. 2017-1. The Services are in addition to those provided in the territory of CFD No. 2017-1 as of the date hereof and will not supplant services already available within the territory of CFD No. 2017-1 as of the date hereof. SECTION 5. Special Tax. Except to the extent that funds are otherwise available to CFD No. 2017-1 to pay for the Services, the Special Tax will be annually levied within CFD No. 2017-1. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property within CFD No. 2017-1, and this lien shall continue in force and effect until the Special Tax obligation is permanently satisfied and the lien cancelled in accordance with law or until levy and collection of the Special Tax by the City ceases. The rate and method of apportionment of the special tax (the "Rate and Method of Apportionment") is set forth in the Exhibit C incorporated by reference in this resolution. All matters pertaining to the calculation, levy and collection, administration and duration of the Special Tax shall be governed by the applicable provisions of the Rate and Method of Apportionment as supplemented, if necessary, by the applicable provisions of the Mello -Roos Act. SECTION 6. Billing for Special Tax. It is anticipated that the Special Tax will be billed as a separate line item on the regular property tax bill of the County of Riverside. However, this City Council reserves the right, under Section 53340, to utilize any method of collecting the Special Tax which it shall, from time to time, determine to be in the best interests of the City, including, but not limited to, direct billing by the City to the property owners and supplemental billing. SECTION 7. Exempt Property. Except as may otherwise be provided by law or the Rate and Method of Apportionment for CFD No. 2017-1, all lands owned by any public entity, including the United States, the State of California, the County, the City, or any departments or political subdivisions of any thereof, shall be omitted from the levy of the special tax. SECTION B. Election. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the CFD No. 2017-1 at a special election. The proposed voting procedure shall be by mailed or hand -delivered ballot among the landowners in the proposed CFD No. 2017-1, with each landowner having one vote for each acre or portion of an acre of land such landowner owns in the CFD No. 2017-1. SECTION 9. CFD Report. The City Manager of the City, or their designee, is hereby directed to study the proposed Services and to make, or cause to be made, and file with the City Clerk a report in writing (the "CFD Report"), that shall be a part of the record of the public hearing hereinafter specified and which report shall present the following: (a) A brief description of the Services. (b) An estimate of the fair and reasonable initial annual cost of providing the Services, including the incidental expenses in connection therewith, and any other related costs. SECTION 10. Public Hearing. This City Council hereby sets Tuesday, February 6, 2018, at 6:30 p.m., or as soon thereafter as the matter may be heard, at the San Jacinto Unified School District Chambers, 2045 S. San Jacinto Avenue, San Jacinto, California, as the time and place hereby appointed and fixed when and where this City Council, as legislative body for CFD No. 2017-1, will conduct a public hearing on the establishment of CFD No. 2017-1. At the hearing, testimony of all interested persons for or against establishment of CFD No. 2017-1, the extent of CFD No. 2017-1, the proposed list of Services to be authorized, the proposed Rate and Method of Apportionment, or any other aspect of the proposed CFD No. 2017-1 will be heard and protests will be considered. As provided by the Mello -Roos Act, written protests by the owners of a majority in area of the land within the proposed CFD No. 2017-1 will constitute a "majority protest" and will require the suspension of proceedings for at least one year. Written protests must be filed with the Clerk at or before the time fixed for the hearing. If such majority protests are directed only against certain elements of the proposed improvements or proposed special tax, only those elements shall be deleted from the proceedings. SECTION 11. Notice of Hearing. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of CFD No. 2017-1. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. The notice shall be substantially in the form of Exhibit D hereto. SECTION 12. Effective Date. This Resolution shall take effect upon its adoption. APPROVED AND ADOPTED this 19th day of December, 2017 by the following vote: Ayes: Kotyuk, Ledezma, Miller, Ruiz Nays: None Absent: Utz Abstain: None CITY OF SAN JACINTO: By: jl<.W Crrstal-Fluiz, Mayor ATTE T- A gt6- Ion, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER, LLP Michael J. Maurer, City Attorney CERTIFICATION STATE OF CALIFORNIA j COUNTY OF RIVERSIDE jss CITY OF SAN JACINTO j I, Angela Walton, City Cleric of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3685 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 19th day of December 2017. Ayes: Kotyuk, Ledezma, Miller, Ruiz Nays: None Absent: Utz Abstain: None WITNESS MY HAND AND OFFICIAL SEAL this 19th day of December 2017. a on, City Clerk Ci of an Jacinto 0 EXHIBIT A CITY OF SAN JACINTO MAINTENANCE COMMUNITY FACILITIES DISTRICT NO.2017-1 (PUBLIC FACILITIES MAINTENANCE) PROPOSED BOUNDARIES OF THE CFD NO. 2017-1 W1 m EXHIBIT B CITY OF SAN JACINTO MAINTENANCE COMMUNITY FACILITIES DISTRICT NO.2017-1 (PUBLIC FACILITIES MAINTENANCE) DESCRIPTION OF SERVICES TO BE FINANCED BY CFD NO. 2017-1 It is intended that the City of San Jacinto Maintenance Community Facilities District No. 2017-1 (Public Facilities Maintenance) (the "CFD No. 2017-1 ") will be eligible to fund all or a portion of the costs of construction, operation, maintenance and servicing of the roads, parks, storm drains, street lighting, landscaping and appurtenant facilities within or adjacent to the boundaries of CFD No. 2017-1. CFD No. 2017-1 may fund any of the following related to the maintenance of the services described above: obtaining, reconstructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/or equipment, apparatus, facilities or fixtures in areas to be maintained, paying the salaries and benefits of personnel necessary or convenient to provide the services, and other related expenses and the provision of reserves for repairs and replacements and for the future provision of services. It is expected that the services will be provided by the City of San Jacinto, either with its own employees or by contract with third parties, or any combination thereof. The community facilities district may also fund administrative fees of City of San Jacinto related to CFD No. 2017-1. 0 O EXHIBIT C CITY OF SAN JACINTO MAINTENANCE COMMUNITY FACILITIES DISTRICT NO.2017-1 (PUBLIC FACILITIES MAINTENANCE) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX EXHIBIT D CITY OF SAN JACINTO MAINTENANCE COMMUNITY FACILITIES DISTRICT NO.2017-1 (PUBLIC FACILITIES MAINTENANCE) NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of City of San Jacinto will conduct a public hearing on Tuesday, February 6, 2018, at 6:30 p.m. or as soon thereafter as the matter may be heard, at the San Jacinto Unified School District Chambers, 2045 S. San Jacinto Avenue, San Jacinto, California, to consider the following: CITY OF SAN JACINTO MAINTENANCE COMMUNITY FACILITIES DISTRICT NO.2017-1 (PUBLIC FACILITIES MAINTENANCE) On December 19, 2017, the City Council of City of San Jacinto adopted a Resolution entitled "A Resolution of the City Council of City of San Jacinto, California, Declaring Its Intention to Establish a Community Facilities District" (the "Resolution of Intention"). Reference is hereby made to the Resolution of Intention on file in the office of the City Clerk of City of San Jacinto for further particulars. OThe text of the Resolution of Intention is summarized as follows: a. Under the Act, this Council is undertaking proceedings for the establishment of the Community Facilities District (the "CFD"), the boundaries of which are shown on a map on file with the City Clerk. b. The purpose of the CFD is to provide for the financing of certain services (the "Services") as more fully described in the Resolution of Intention. C. The method of financing the Services is through the imposition and levy of a special tax (the "Special Tax") to be apportioned on the properties in the CFD under the rate and method of apportionment described in the Resolution of Intention. The Special Tax requires the approval of two-thirds of landowner votes voted at a special election called for that purpose by the Council, with each landowner having one vote for each acre or portion of acre such owner owns in the CFD. d. The Resolution of Intention directed the preparation of a CFD Report that shows the Services by type that are required to adequately meet the needs of the CFD and the estimated costs of the Services. The CFD Report will be made a permanent part of the record of the public hearing specified below. Reference is 0 made to the CFD Report as filed with the City Clerk. e. As set forth below, the Council will hold a public hearing on the establishment of the CFD with its Services and Special Tax. 2. The time and place established under the Resolution of Intention for the public hearing required under the Act are Tuesday, February 6, 2018, at 6:30 p.m. or as soon thereafter as the matter may be heard, at the San Jacinto Unified School District Chambers, 2045 S. San Jacinto Avenue, San Jacinto, California. 3. At the hearing, the testimony of all interested persons or taxpayers for or against the establishment of the CFD, the extent of the CFD or the furnishing of the specified Services will be heard. Any person interested may file a protest in writing as provided in Section 53323 of the Act. If 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be included in the CFD, or the owners of one-half or more of the area of land in the territory proposed to be included in the CFD and not exempt from the special tax, file written protests against the establishment of the CFD and the protests are not withdrawn to reduce the value of the protests to less than a majority, the Council shall take no further action to create the CFD or levy the special taxes for a period of one year from the date of decision of the Council, and if the majority protests of the registered voters or landowners are only against the furnishing of a type or types of Services within the CFD, or against levying a specified special tax, those types of Services or the specified special tax will be eliminated from the proceedings to form the CFD. 4. For objections to be counted toward a majority protest, the objections must be stated in writing and received by the City Cleric no later than the time stated above for the public hearing on February 6, 2018. Persons wishing to submit written objections by mail are advised to allow one full calendar week for delivery and to address the envelope to the City Clerk, City of San Jacinto, 595 S. San Jacinto Ave., San Jacinto, California, 92583. For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the City's consultant, NBS at (800) 676-7516. 5. The proposed voting procedure shall be by special mailed- or hand -delivered ballot to the property owners within the territory proposed to be included in the CFD. Dated: as of December 19, 2017 101 Angela Walton, City Clerk City of San Jacinto