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HomeMy WebLinkAboutResolution No. 4056 - CFD 2003-1 Annex 72Resolution No. 4056 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO ) RESOLUTION NO. 4056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 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. 72 WHEREAS, the City Council (the "Council') of the City of San Jacinto (the "City") 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, BE IT 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 Page 1 of 9 Resolution No. 4056 the Annexation Map for Annexation No. 72 to the CFD, on file with the City Clerk, the boundaries of which territory are hereby preliminary approved and to which map reference is hereby made for further particulars. The area proposed to be annexed to the CFD is as shown on the Annexation Map identified in Exhibit A. The City Clerk is hereby directed to cause such Annexation Map to be recorded, 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, or in such other manner as this Council shall determine including direct billing of the affected property owners. 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 to this Resolution of Intention. 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 than the maximum special tax authorized to be levied pursuant to the CFD Rate and Method in Exhibit B. SECTION 7. Notice is given that on Tuesday, March 18, 2025, 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 Page 2 of 9 Resolution No. 4056 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 8. 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 9. This Resolution shall take effect upon its adoption. PASSED, APPROVED, and ADOPTED this 4th day of February 2025, by the following vote: Ayes: Ledezma, Ayala, Ruiz, Sanchez, Vandever Nays: None Absent: None Abstain: None ATTEST: .! lia Espinoza, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP Craig Hayes, cdOAttorney STATE OF CALIFORNIA) CIV o San Jacin o: Valerie Vandever, Mayor CERTIFICATION Page 3 of 9 Resolution No. 4056 COUNTY OF RIVERSIDE ) CITY OF SAN JACINTO ) I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 4056 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 4th day of February 2025. Ayes: Ledezma, Ayala, Ruiz, Sanchez, Vandever Nays: None Absent: None Abstain: None WITNESS MY HAND AND OFFICIAL SEAL this 4th day of February 2025. JLWa Espinoza, City Clerk City of San Jacinto Page 4 of 9 Resolution No. 4056 EXHIBIT A City of San Jacinto Community Facilities District No. 2003-1 Annexation No. 72 ANNEXATION MAP Page 5 of 9 EXHIBIT B City of San Jacinto Community Facilities District No. 2003-1 Annexation No. 72 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Page 6 of 9 Resolution No. 4056 EXHIBIT C City of San Jacinto Community Facilities District No. 2003-1 Annexation No. 72 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that at 6:30 p.m. on March 18, 2025, or as soon thereafter as practicable, the City Council of the City of San Jacinto, (the "City Council") will hold a public hearing on the Annexation of territory ("Annexation No. 72") to City of San Jacinto Community Facilities District No. 2003-1 (the "CFD"), the proposed rate, and method of apportionment of the special tax (the "Special Tax") to be levied on certain property within Annexation No. 72. It is anticipated that the public hearing may be held virtually by teleconference or web conference only. The virtual location will be identified on the agenda, in accordance with the Brown Act, for the meeting during which this public hearing will be conducted. If held in person, the public hearing will be conducted at the Council Chambers, 625 South Pico, San Jacinto California. Please check the agenda, which will be posted on the City's website, prior to the meeting for the location of the public hearing and related instructions. On February 4, 2025, the City Council adopted Resolution No.406(v (the "Resolution of Intention") declaring its intention to annex Annexation No. 72 to the CFD pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act"), and to levy Special Taxes to finance police services, fire protection and suppression services. The following are types of services to be provided for and financed by Annexation No. 72: (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. Except where funds are otherwise available, a special tax sufficient to pay for such services and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the CFD, will be levied annually within the boundaries of the CFD and Annexation No. 72. Commencing with Fiscal Year 2003-04 a Maximum Special Tax shall be levied as follows: Special Tax A (1) $350 per unit for Single -Family Property; (2) $262.50 per unit for Apartment Property; (3) $0.119 per SF of Floor Area for Non -Retail Commercial/Industrial Property. Special Tax B (1) $600.00 per unit for Single -Family Property; (2) $450.00 per unit for Apartment Property; (3) $0.204 per SF of Floor Area for Non -Retail Page 7 of 9 Resolution No. 4056 Commercial/Industrial Property. The Special Tax B is a one-time special tax that 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. For each subsequent fiscal year, the Maximum Special Tax A and Special Tax B 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. Any taxpayer that believes that the amount of the Special Tax assigned to a Parcel is in error may file a written notice with the CFD Administrator appealing the levy of the Special Tax. This notice is required to be filed with the CFD Administrator during the fiscal year the error is believed to have occurred. The City and/or CFD Administrator will then promptly review the appeal and, if necessary, meet with the taxpayer. If the City and/or CFD Administrator verifies that the tax should be changed, the Special Tax levy shall be corrected and, if applicable in any case, a credit shall be applied to the Special Tax levied on such parcel in the subsequent fiscal year. The Special Tax as levied pursuant to Section D of the Rate and Method of Apportionment, shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD may direct bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary, to meet the financial obligations of Annexation No. 72 and the CFD, or as otherwise determined appropriate by the City. The Special Tax shall be levied in perpetuity to fund Public Services provided to Annexation No. 72 of the CFD. If at least 12 persons have been registered to vote within the territory to be annexed to the CFD for each of the 90 days preceding the close of the public or protest hearing, the vote in the special election shall be by the registered voters of Annexation No. 72 with each voter having one vote. In that event, the special election shall be conducted by the Registrar of Voters of the County of Riverside and shall be held on a date selected by the City Council and the ballots for the special election shall be distributed to the qualified electors of Annexation No. 72 by mail with return postage prepaid, and the special election shall be conducted as a mail ballot election. If at the time of the close of the protest hearing less than 12 persons have been registered to vote within the territory of Annexation No. 72, the vote shall be by the landowners of Annexation No. 72, 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 Annexation No. 72. In that event, the special election shall be conducted by the City Clerk. Page 8 of 9 Resolution No. 4056 At the hearing, the testimony of all interested persons, including all taxpayers or persons owning property in the area, for or against the annexation of Annexation No. 72 to the CFD, the extent of Annexation No. 72, the furnishing of a specified type or types of public facilities or services, will be heard. If 50 percent or more of the registered voters residing within the territory proposed to be annexed to the CFD, or the owners of one-half or more of the area of the land in the territory proposed to be annexed to the CFD and not exempt from the Special Tax, file written protests against the annexation of Annexation No. 72 to the CFD, and protests are not withdrawn so as to reduce the value of the protests to less than a majority, no further proceedings to annex Annexation No. 72 to the CFD or to levy the Special Tax shall be taken for a period of one year from the date of the decision of the City Council. If the majority protests of the registered voters or the landowners are only against the furnishing of a specified type or types of facilities or services within Annexation No. 72, or against levying a specified special tax, those types of facilities or services or the specified special tax shall be eliminated from the resolution of annexation. Protests can be delivered or mailed to the City Clerk at 595 S. San Jacinto Avenue, San Jacinto, CA 92583. All capitalized terms not defined herein shall be as defined in the Resolution of Intention to Annex Territory to the CFD. The complete texts of the Resolution of Intention to Annex Territory to the CFD, the proposed Rate and Method of Apportionment of the Special Tax among parcels of real property in the CFD and Annexation No. 72, and the Boundary Map of Annexation No. 72 are on file in the office of the City Clerk and available for public inspection. If you have any questions, please call NBS at (800) 676-7516. Sincerely, Julia spinoza, City Clerk City of San Jacinto Page 9 of 9