HomeMy WebLinkAboutResolution No. 4099 - CFD 2003-1 Annex. No. 75 - Resolution of IntentResolution No. 4099
Page 1 of 10
RESOLUTION NO. 4099
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
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. 75
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.
Docusign Envelope ID: 4B88B975-CBA4-476E-9F8F-D85D761D01A4
Resolution No. 4099
Page 2 of 10
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. 75 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 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, 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, December 2, 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
Docusign Envelope ID: 4B88B975-CBA4-476E-9F8F-D85D761D01A4
Resolution No. 4099
Page 3 of 10
Avenue, San Jacinto, California, 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 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.
Docusign Envelope ID: 4B88B975-CBA4-476E-9F8F-D85D761D01A4
Resolution No. 4099
Page 4 of 10
PASSED, APPROVED, and ADOPTED this 21st day of October 2025, by the
following vote:
AYES: Ledezma, Ayala, Ruiz, Sanchez, Vandever
NAYS: None
ABSENT: None
ABSTAIN: None
CITY OF SAN JACINTO:
_____________________________
Valerie Vandever, Mayor
ATTEST:
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
____________________________
Craig Hayes, City Attorney
Docusign Envelope ID: 4B88B975-CBA4-476E-9F8F-D85D761D01A4
Resolution No. 4099
Page 5 of 10
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF SAN JACINTO )
CERTIFICATION
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY
that the foregoing Resolution No. 4099 was passed, approved, and adopted at
the Regular Meeting of the San Jacinto City Council held on the 21st day of
October 2025.
AYES: Ledezma, Ayala, Ruiz, Sanchez, Vandever
NAYS: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND AND OFFICIAL SEAL this 21st day of October 2025.
______________________________
Julia Espinoza, City Clerk
City of San Jacinto
Docusign Envelope ID: 4B88B975-CBA4-476E-9F8F-D85D761D01A4
Resolution No. 4099
Page 6 of 10
EXHIBIT A
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 75
ANNEXATION MAP
Docusign Envelope ID: 4B88B975-CBA4-476E-9F8F-D85D761D01A4
Resolution No. 4099
Page 7 of 10
EXHIBIT B
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 75
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Docusign Envelope ID: 4B88B975-CBA4-476E-9F8F-D85D761D01A4
Resolution No. 4099
Page 8 of 10
EXHIBIT C
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 75
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIVEN that at 6:30 p.m. on December 2, 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. 75”) 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. 75. 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 October 21, 2025, the City Council adopted Resolution No. 4099 (the “Resolution of
Intention”) declaring its intention to annex Annexation No. 75 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. 75:
(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 territor y 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. 75. 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 Commercial/Industrial Property. The
Special Tax B is a one-time special tax that shall be collected by the City at the time a
Docusign Envelope ID: 4B88B975-CBA4-476E-9F8F-D85D761D01A4
Resolution No. 4099
Page 9 of 10
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 Spe cial 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. 75 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. 75 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. 75 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. 75 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. 75, the vote shall be by the landowners of
Annexation No. 75, 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. 75. In that event, the special election shall be conducted by the City Clerk.
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. 75 to the
CFD, the extent of Annexation No. 75, 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
Docusign Envelope ID: 4B88B975-CBA4-476E-9F8F-D85D761D01A4
Resolution No. 4099
Page 10 of 10
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. 75 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. 75 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. 75, 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. 75, and the Boundary Map
of Annexation No. 75 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,
City Clerk
City of San Jacinto
Docusign Envelope ID: 4B88B975-CBA4-476E-9F8F-D85D761D01A4