HomeMy WebLinkAboutResolution - 3733STATE OF CALIFORNIA ) RESOLUTION NO. 3733
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO )
RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT
CITY OF SAN JACINTO
Community Facilities District No. 2018-1
(Public Facilities Maintenance)
RESOLVED, by the City Council (the "Council') of the City of San Jacinto (the "City"),
County of Riverside (the "County"), State of California that:
WHEREAS, this Council adopted a resolution entitled "Resolution of Intention to
Establish Community Facilities District" (the "Resolution of Intention"), stating its intention to
form "City of San Jacinto Community Facilities District No. 2018-1 (Public Facilities
Maintenance)" (the "CFD") pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5,
commencing with Section 53311, of the California Government Code (the "Act");
WHEREAS, the Resolution of Intention, incorporating a map of the proposed
boundaries of the CFD and stating the services to be provided and the rate and method of
apportionment of the special tax to be levied within the CFD to pay for the services, is on file
with the City Clerk and the provisions of the Resolution of Intention are incorporated herein
by this reference as if fully set forth herein;
0
WHEREAS, on this date, this Council held a noticed public hearing as required by the
Act and the Resolution of Intention with respect to the proposed formation of the CFD;
WHEREAS, at the hearing, all interested persons desiring to be heard on all matters
pertaining to the formation of the CFD, the services to be provided therein and the levy of
such special tax were heard and a full and fair hearing was held;
WHEREAS, at the hearing, evidence was presented to this Council on such matters
before it, including a special report (the "Report") as to the services to be provided through
the CFD and the costs thereof, a copy of which is on file with the City Clerk, and this Council
at the conclusion of said hearing is fully advised in the premises;
WHEREAS, no written protests have been filed with the City Clerk by 50% or more of
the registered voters residing within the territory of the CFD or property owners that own one-
half or more of the area of land within the CFD and not exempt from the proposed special
taxes.
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:
1. Recitals Correct. The foregoing recitals are true and correct.
2. No Majority Protest. The proposed special tax to be levied within the CFD has
not been precluded by majority protest pursuant to section 53324 of the Act.
Page 1
3. Prior Proceedings Valid. All prior proceedings taken by this Council in
connection with the establishment of the CFD and the levy of the special tax have been duly
considered and are hereby found and determined to be valid and in conformity with the Act.
4. Name of CFD. The community facilities district designated "City of San Jacinto
Community Facilities District No. 2018-1 (Public Facilities Maintenance)" of the City is hereby
established pursuant to the Act.
5. Boundaries of CFD. The boundaries of the CFD, as set forth in the map of the
CFD heretofore recorded in the Riverside County Recorder's Office on August 2, 2018 at
5:00 p.m., in the Book of Maps of Assessment and Community Facilities Districts as
Document No. 2018-0312182, are hereby approved, are incorporated herein by reference
and shall be the boundaries of the CFD.
6. Description of Services. The type of public services proposed to be financed
by the CFD and pursuant to the Act shall consist of those items shown in Exhibit A hereto
and by this reference incorporated herein (the "Services").
7. Special Tax.
a. Except to the extent that funds are otherwise available to the CFD to pay
for the Services, a special tax (the "Special Tax") sufficient to pay the costs thereof, secured
s by the recordation of a continuing lien against all non-exempt real property in the CFD, is
intended to be levied annually within the CFD, and collected in the same manner as ordinary
ad valorem property taxes or in such other manner as may be prescribed by this Council.
r
b. The proposed rate and method of apportionment of the Special Tax
among the parcels of real property within the CFD, in sufficient detail to allow each landowner
within the proposed CFD to estimate the maximum amount such owner will have to pay, are
shown in Exhibit B attached hereto and hereby incorporated herein.
8. Increased Demands. It is hereby found and determined that the Services are
necessary to meet increased demands placed upon local agencies, including the City, as the
result of development occurring in the CFD. The Services are in addition to those provided in
the territory of the CFD as of the date hereof and will not supplant services already available
within the territory of the CFD as of the date hereof.
9. Responsible Official. The Finance Director of the City, 595 S. San Jacinto
Ave. San Jacinto, California 92583, telephone number (951) 487-7330, is the officer of the
City who will be responsible for preparing annually a current roll of the levy of the Special Tax
obligations by assessor's parcel number and who will be responsible for estimating future
levies of the Special Tax.
10. Tax Lien. 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 in the CFD, and this lien shall
continue in force and effect until the Special Tax obligation is prepaid and permanently
satisfied and the lien canceled in accordance with law or until collection of the Special Tax by
the City ceases.
Page 2
ri
El
11. Appropriations Limit. In accordance with the Act, the annual appropriations
limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution,
of the CFD is hereby preliminarily established at $1,000,000 and such appropriations limit
shall be submitted to the voters of the CFD as hereafter provided. The proposition
establishing such annual appropriations limit shall become effective if approved by the
qualified electors voting thereon and shall be adjusted in accordance with the applicable
provisions of the Act and the Constitution.
12. Election. Pursuant to the provisions of the Act, the proposed levy of the
Special Tax and the proposed establishment of the appropriations limit specified above shall
be submitted to the qualified electors of the CFD at an election the time, place and conditions
of which election shall be as specified by a separate resolution of this Council
13. Effective Date. This resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of San Jacinto,
California, at a regular meeting of the City Council held on the 41" day of September, 2018, by
the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
Kotyuk, Ledezma, Utz, Ruiz
None
Miller
None
19 M—Iton','City derk
APPROVED AS TO FORM:
Best Best & Krieger LLP
MidKael J. Niaurer, City Attorney
City of San Jacinto
Crystal uiz, Mayor
Page 3
El
CERTIFICATE
I, Angela Walton, City Clerk of the City of San Jacinto, do hereby certify that the
foregoing Resolution No. 3733 was passed, approved, and adopted at the Regular Meeting
of the San Jacinto City Council held on the 41h day of September, 2018.
AYES:
Kotyuk, Ledezma, Utz, Ruiz
NAYS:
None
ABSENT:
Miller
ABSTAIN:
None
WITNESS MY HAND AND OFFICIAL SEAL this 0' day of September, 2018.
- -1SWx1b'Wf
A el ton, City Clerk
ity o an Jacinto
Page 4
EXHIBIT A
CITY OF SAN JACINTO
Community Facilities District No. 2018-1
(Public Facilities Maintenance)
DESCRIPTION OF SERVICES
It is intended that the City of San Jacinto Maintenance Community Facilities District
No. 2018-1 (Public Facilities Maintenance) (the "CFD No. 2018-1 ") 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. 2018-1.
CFD No. 2018-1 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. 2018-1.
Page 5
EXHIBIT B
RATE AND METHOD OF APPORTIONMENT
FOR THE COMMUNITY FACILITIES DISTRICT NO.2018-1
(PUBLIC FACILITIES MAINTENANCE)
OF THE CITY OF SAN JACINTO
A Special Tax shall be levied and collected in the City of San Jacinto Community Facilities
District No. 2018-1 (Public Facilities Maintenance) ("CFD 2018-1") each Fiscal Year, in an
amount determined by the application of the procedures described below. All of the Taxable
Property (as defined below) in CFD 2018-1, unless exempted 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 meaning:
"Acreage" or "Acre" means that acreage show in the Assessor's Parcel Map or
in the Assessor's Data for each Assessor's Parcel. In the event the Assessor's Parcel Map
or Assessor's Data shows no acreage, the Acreage for any Assessor's Parcel shall be
determined by the CFD Administrator based upon the applicable condominium plan, final
map or parcel map. If the preceding maps for a land area are not available, the Acreage of
such land area may be determined utilizing available spatial data and geographic
information systems (GIS). The square footage of an Assessor's Parcel is equal to the
Acreage multiplied by 43,560.
"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 actual or reasonably estimated costs
directly related to the administration of CFD 2018-1 including, but not limited to, the
following: the costs of computing the Special Tax Requirement and the Special Taxes; the
costs of collecting the Special Taxes, including any charges levied by the County Auditor's
Office, Tax Collector's Office or Treasurer's Office; the costs of the City, CFD 2018-1, or
any designee thereof in complying with disclosure requirements of the California
Government Code (including the Act), public inquiries regarding the Special Taxes; the
costs of the City of designee related to an appeal of the Special Tax; and the costs of
commencing and pursuing to completion any foreclosure action arising from delinquency
Special Taxes in CFD 2018-1. Administrative Expenses shall also include amounts
estimated or advanced by the City or CFD 2018-1 for any other administrative purposes,
including, but not limited to, attorney's fees, proposed formation of the CFD 2018-1, or any
other expenses incidental to the provision of the Services.
Exhibit B
Page 1
"Annual Services Costs" means the amounts required to fund services
authorized to be funded by CFD 2018-1.
"Assessor's Data" means Acreage or other Assessor's Parcel information
contained in the records of the Assessor of the County.
"Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map
with an assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the assessor of the County
designating parcels by an Assessor's Parcel number.
"Building Permit" means a permit for the construction of a new structure for either
residential and/or non-residential purposes, and shall not include permits for construction
or installation of, retaining walls, utility improvements, or other such improvements not
constituting a structure.
"Building Square Foot(age)" means the structure square footage as shown in the
Building Permit issued or contained in the County Assessor's Data.
"CFD 2018-1" means the Community Facilities District No. 2018-1 (Public
Facilities Maintenance) of the City of San Jacinto.
"CFD Administrator" means an official of the City, or designee or agent or
consultant, responsible for administering the Special Tax in accordance with this Rate and
Method of Apportionment.
"City" means the City of San Jacinto.
"City Council" means the City Council of the City of San Jacinto, acting as the
legislative body of CFD 2018-1.
"County" means the County of Riverside.
"Developed Property" means for each Fiscal Year, all Taxable Property, for
which a Building Permit was issued prior to the May 1st preceding the Fiscal Year for
which the Special Tax is being levied.
"Exempt Property" means all Assessors' Parcels that are exempt from the
Special Tax pursuant to Section E.
"Fiscal Year" means the period starting July 1 and ending on the following June
30.
"Maximum Annual Special Tax" means the maximum Special Tax, determined in
accordance with the provisions of Section C below, which may be levied in any Fiscal Year
on any Assessor's Parcel of Taxable Property.
"Non -Residential Property" means all Assessor's Parcels of Developed Property
within the boundaries of CFD 2018-1 for which a building permit(s) has been issued for a
non-residential structure(s).
Exhibit B
Page 2
^ "Proportionately" means for Taxable Property that the ratio of the Special Tax
(� J� levy to the Maximum Annual Special Tax is equal for all Assessor's Parcels within each
classification (Residential, Non -Residential Property and Undeveloped Property) within
CFD 2018-1.
"Public/Utility Easements" means a nonpossessory right to use an Assessor's
Parcel.
"Public Property" means any property within the boundaries of CFD 2018-1 that
is (i) used for parks, streets, drainage and detention easements, right-of-way or any other
public purpose, (ii) owned by a public agency, (iii) has been irrevocably offered for
dedication to a public agency, or (iv) is designated with specific boundaries and Acreage
on a final subdivision map as property which will be owned by a public agency. For
purposes of this definition, a public agency includes the federal government, the State of
California, the County, the City, or any other public agency.
"Residential Property" means all Assessor's Parcels of Developed Property
within the boundaries of CFD 2018-1 for which a building permit(s) has been issued for
purposes of constructing one or more dwelling units.
"Special Tax" means the special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Taxable Property to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount with respect to CFD 2018-1
determined by City staff or the CFD Administrator as required in any Fiscal Year to pay:
(1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required
to establish or replenish any reserve or replacement fund established in connection with
CFD 2018-1, and (4) reasonably anticipated delinquent Special Taxes based on the
delinquency rate for Special Taxes levied in the previous Fiscal Year.
"State" means the State of California.
"Tax Escalation Factor" means a factor of two percent that will be applied
annually after Fiscal Year 2019/20 to increase the Maximum Annual Special Tax rates
shown in Section C.
"Taxable Property" means all Assessor's Parcels within the boundary of CFD
2018-1 that are not Exempt Property, exempt from the Special Tax pursuant to the Act or
Section E below.
"Undeveloped Property" means each Assessor's Parcel of Taxable Property
within the boundaries of the CFD 2018-1 that is not classified as Developed Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
On, or around, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid
Assessor's Parcel numbers for the current Fiscal Year for all property within CFD 2018-1.
Each Assessor's Parcel of Taxable Property within the CFD 2018-1 shall be classified as
Residential Property, Non -Residential Property or Undeveloped Property, and shall be
subject to the levy of Special Taxes determined pursuant to Section C below.
Exhibit B
Page 3
OC.
L�l
E.
F.
MAXIMUM ANNUAL SPECIAL TAX
The Maximum Annual Special Tax for each Assessor's Parcel of Taxable Property shall
be assigned according to the table below:
Property Land Use
Fiscal Year 2019/20
Maximum Annual Special Tax
Non -Residential Property
Undeveloped Property
$1.0301 per Building Square Foot
$0.00 per Acre
Residential Property
$0.00 per Parcel
On July 1, commencing on July 1, 2020, the Maximum Annual Special Tax set
forth in the table above shall be increased by two percent (2%), the Tax Escalation Factor.
METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2019/20, and for each subsequent Fiscal Year, the CFD
Administrator shall determine the Special Tax Requirement and shall levy the Special Tax
on each Assessor's Parcel of Taxable Property until the amount of Special Taxes equals
the Special Tax Requirement. The Special Taxes shall be levied each Fiscal Year as
follows:
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of
Non -Residential Property at a rate of up to 100% of the applicable Maximum Annual
Special Tax as needed to satisfy the Special Tax Requirement.
Second: If additional moneys are needed to satisfy the Special Tax Requirement
after the first step has been completed, the Special Tax shall be levied Proportionately on
each Assessor's Parcel of Undeveloped Property at a rate of up to 100% of the applicable
Maximum Annual Special Tax to satisfy the Special Tax Requirement.
EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special
Tax, no Special Taxes shall be levied on Public Property, except as otherwise provided in
Sections 53313.7.3 and 53317.5 of the Act. Furthermore, no Special Taxes shall be levied
on Assessor's Parcels with Public/Utility Easements making impractical their utilization for
any use other than the purposes set forth in the easement. If the Public/Utility Easement or
restrictions on use of the Assessor's Parcel are removed, such Assessor's Parcel shall
cease to classified as Exempt Property and shall be deemed Taxable Property.
REVIEW/APPEAL
Any property owner may file a written appeal of the Special Tax with the CFD
Administrator claiming that the amount or application of the Special Tax is not correct. The
appeal must be filed not later than one calendar year after having paid the Special Taxes
Exhibit B
Page 4
that are disputed, and the appellant must be current in all payments of Special Taxes. In
addition, during the term of the appeal process, all Special Taxes levied must be paid on
or before the payment date established when they levy was made.
The appeal must specify the reasons why the appellant claims the Special Taxes are in
error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD
Administrator deems necessary, and advise the appellant of their determination.
If the property owner disagrees with the CFD Administrator's decision relative to the
appeal, the owner may then file a written appeal with the City Council whose subsequent
decision shall be final and binding on all interested parties. If the decision of the CFD
Administrator or subsequent decision by the City Council requires the Special Taxes to be
modified or changed in favor of the property owner, no cash refund shall be made for prior
year's Special Taxes, but an adjustment shall be made to credit future Special Taxes.
This procedure shall be exclusive and its exhaustion by any property owner shall be a
condition precedent to filing any legal action by such owner.
G. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary
ad valorem property taxes, provided that the City may directly bill the Special Tax, may
collect the Special Tax at a different time or in a different manner if needed to meet the
financial obligations of CFD 2018-1, and may collect delinquent Special Taxes through
foreclosure of other available methods.
A Special Tax shall continue to be levied and collected within CFD 2018-1, as needed to
fund the Special Tax Requirement, in perpetuity.
H. FORMULA FOR PREPAYMENT OF SPECIAL TAX OBLIGATIONS
The Special Tax may not be prepaid.
I. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this
document that do not materially affect the method of apportioning Special Taxes. In
addition, the interpretation and application of any section of this document shall be left to
the City discretion. Interpretations may be made by the City by ordinance or resolution for
purposes of clarifying any vagueness or ambiguity in this Rate and Method of
Apportionment of Special Tax.
Exhibit 8
Page 5