HomeMy WebLinkAboutResolution - 3903RESOLUTION NO. 3903
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
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. 62
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 territ ory 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 o n
DocuSign Envelope ID: 970F589B-A4A4-487F-B589-DA786733AD58
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. 62 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 su ch 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 th an 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, April 5, 2022, at 6:30 p.m. or as
soon thereafter as the matter may be heard, in the regular meeting place of this
DocuSign Envelope ID: 970F589B-A4A4-487F-B589-DA786733AD58
Council at the City of San Jacinto, Community Center, 625 S. Pico 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: 970F589B-A4A4-487F-B589-DA786733AD58
PASSED, APPROVED, and ADOPTED this 15th day of February, 2022 by the
following vote:
AYES: Ayala, Ruiz, Hawkins, Ledezma
NAYS: None
ABSENT: Heath
ABSTAIN: None
CITY OF SAN JACINTO
Crystal Ruiz, Mayor
ATTEST:
__________________________
Julia Espinoza, Deputy City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
__________________________________
Michael J. Maurer, City Attorney
DocuSign Envelope ID: 970F589B-A4A4-487F-B589-DA786733AD58
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF SAN JACINTO )
I, Julia Espinoza, Deputy City Clerk of the City of San Jacinto, DO HEREBY
CERTIFY that the foregoing Resolution No. 3903 was passed, approved, and
adopted at the Regular Meeting of the San Jacinto City Council held on the 15th
day of February, 2022.
AYES: Ayala, Ruiz, Hawkins, Ledezma
NAYS: None
ABSENT: Heath
ABSTAIN: None
WITNESS MY HAND AND OFFICIAL SEAL this 15th day of February 2022.
______________________________
Julia Espinoza, Deputy City Clerk
City of San Jacinto
DocuSign Envelope ID: 970F589B-A4A4-487F-B589-DA786733AD58
EXHIBIT A
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 62
ANNEXATION MAP
DocuSign Envelope ID: 970F589B-A4A4-487F-B589-DA786733AD58
EXHIBIT B
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 62
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
DocuSign Envelope ID: 970F589B-A4A4-487F-B589-DA786733AD58
EXHIBIT C
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 62
NOTICE OF PUBLIC
HEARING
Notice is hereby given that the City Council of San Jacinto will conduct a public hearing
on Tuesday, April 5, 2022 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. 62
On February 15, 2022, 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 et 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, a nd (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.
City Clerk
City of San Jacinto
DocuSign Envelope ID: 970F589B-A4A4-487F-B589-DA786733AD58