San Jacinto City Council
June 6, 2023

RESOLUTION NO. 3973

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. 65
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

3.A.7.a
Packet Pg. 157 Attachment: Resolution No. 3973 - CFD 2003-1 Annex. No. 65 Resolution of Intention (CFD 2003-1 Annex 65 - Monte Vista Homes) Resolution No. 3973

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. 65 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.

3.A.7.a
Packet Pg. 158 Attachment: Resolution No. 3973 - CFD 2003-1 Annex. No. 65 Resolution of Intention (CFD 2003-1 Annex 65 - Monte Vista Homes) Resolution No. 3973

SECTION 7. Notice is given that on Tuesday, July 18, 2023, 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 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.

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Packet Pg. 159 Attachment: Resolution No. 3973 - CFD 2003-1 Annex. No. 65 Resolution of Intention (CFD 2003-1 Annex 65 - Monte Vista Homes) Resolution No. 3973

PASSED, APPROVED, and ADOPTED this 6
th day of June 2023, by the following
vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
______________________________
Alonso Ledezma, Mayor
ATTEST:

Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER, LLP.
______________________________
Craig Hayes, City Attorney

3.A.7.a
Packet Pg. 160 Attachment: Resolution No. 3973 - CFD 2003-1 Annex. No. 65 Resolution of Intention (CFD 2003-1 Annex 65 - Monte Vista Homes) Resolution No. 3973

CERTIFICATION

STATE OF CALIFORNIA)

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. 3973 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 6 th day of June
2023.

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 6th day of June 2023. ______________________________
Julia Espinoza, City Clerk
City of San Jacinto

3.A.7.a
Packet Pg. 161 Attachment: Resolution No. 3973 - CFD 2003-1 Annex. No. 65 Resolution of Intention (CFD 2003-1 Annex 65 - Monte Vista Homes) Resolution No. 3973

EXHIBIT A
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 65

ANNEXATION MAP

3.A.7.a
Packet Pg. 162 Attachment: Resolution No. 3973 - CFD 2003-1 Annex. No. 65 Resolution of Intention (CFD 2003-1 Annex 65 - Monte Vista Homes) Resolution No. 3973

EXHIBIT B
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 65

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

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Packet Pg. 163 Attachment: Resolution No. 3973 - CFD 2003-1 Annex. No. 65 Resolution of Intention (CFD 2003-1 Annex 65 - Monte Vista Homes) Resolution No. 3973

EXHIBIT C
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 65

NOTICE OF PUBLIC

HEARING
NOTICE IS HEREBY GIVEN that at 6:30 p.m. on July 18, 2023, 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. 65”) 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. 65. 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 June 6, 2023, the City Council adopted Resolution No. 3973 (the “Resolution of Intention”) declaring its intention to annex Annexation No. 65 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. 65:
(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. 65. 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

3.A.7.a
Packet Pg. 164 Attachment: Resolution No. 3973 - CFD 2003-1 Annex. No. 65 Resolution of Intention (CFD 2003-1 Annex 65 - Monte Vista Homes) Resolution No. 3973

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. 65 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. 65 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. 65 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. 65 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. 65, the vote shall be by the landowners of Annexation No. 65, 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. 65. 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. 65 to the CFD, the extent of Annexation No. 65, 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

3.A.7.a
Packet Pg. 165 Attachment: Resolution No. 3973 - CFD 2003-1 Annex. No. 65 Resolution of Intention (CFD 2003-1 Annex 65 - Monte Vista Homes) Resolution No. 3973

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. 65 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. 65 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. 65, 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. 65, and the Boundary Map of Annexation No. 65 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 Espinoza
Julia Espinoza, City Clerk
City of San Jacinto

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Packet Pg. 166 Attachment: Resolution No. 3973 - CFD 2003-1 Annex. No. 65 Resolution of Intention (CFD 2003-1 Annex 65 - Monte Vista Homes) ANNEXATION MAP NO. 65 OF

CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1
FILEDINTHEOFFICEOFTHECITYCLERKOFTHECITYOFS ANJACINTOTHIS ________DAYOF______________, 20___.
________________________________________

CITYCLERK

CITYOFS ANJACINTO

RIVERS IDECOUNTY,CALIFORNIA
IHEREBYCERTIFYTHATTHEWITHINMAPS HOWINGTHEPROPOS EDBOUNDARIES OFANNEXATIONNO.65TO CITY OF S AN JACINTO COMMUNITY FACILITIES DIS TRICT NO.2003-1,COUNTY OF RIVERS IDE,S TATE OF

CALIFORNIA,WAS APPROVEDBYTHECITYCOUNCILOFTHECITYOFS ANJACINTO,ATAMEETINGTHEREOF,HELD ONTHE_____DAYOF______________,20___,BYITS RES OLUTIONNO.__________________. ________________________________________

CITYCLERK

CITYOFS ANJACINTO

RIVERS IDECOUNTY,CALIFORNIA
FILEDTHIS ________DAYOF______________,20___,ATTHEHOUROF_______O’CLOCK__M,INBOOK________OF MAPS OFAS S ES S MENTANDCOMMUNITYFACILITIES DIS TRICTS ATPAGE______INTHEOFFICEOFTHECOUNTY RECORDEROFTHECOUNTYOFRIVERS IDE,S TATEOFCALIFORNIA.
____________________________
DEPUTY

COUNTYRECORDER

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FORPARTICULARS OFTHELINES ANDDIMENS IONS OFAS S ES S ORPARCELS ,REFERENCEIS MADETOTHEMAPS OFTHEAS S ES S OR,COUNTYOFRIVERS IDE,S TATEOFCALIFORNIA.

REFERENCEIS HEREBYMADETOTHATCERTAINMAPENTITLED“AMENDEDPROPOS EDBOUNDARYMAPOFCITY OFS ANJACINTO COMMUNITYFACILITIES DIS TRICTNO.2003-1,COUNTYOFRIVERS IDE,S TATEOFCALIFORNIA” FILED THE 22ND DAY OFDECEMBER,2003,ATTHE HOUR OF8:00O’CLOCKA.M.IN BOOK 55OF MAPS OF AS S ES S MENTANDCOMMUNITYFACILITIES DIS TRICTS ATPAGES 58-59ANDAS INS TRUMENTNO.2003-995886IN

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CITY OF SAN JACINTO

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
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3.A.7.b
Packet Pg. 167 Attachment: CFD 2003-1 Annex 65 (Monte Vista) (CFD 2003-1 Annex 65 - Monte Vista Homes) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 1

RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2003-1

OF THE CITY OF SAN JACINTO
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Community Facilities District No. 2003-1 of the City of San Jacinto ("CFD No. 2003-1") and collected each Fiscal Year commencing in Fiscal Year 2003-2004, in an amount determined by the Council through the application of the appropriate Special Tax for "Developed Property" as described below. All of the real property in CFD No. 2003-1, unless exempted by law or 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 meanings:
"Acre or Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"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 following actual or reasonably estimated costs directly related to the administration of CFD No. 2003-1: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, CFD No. 2003-1 or any designee thereof of complying with City or CFD No. 2003-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2003-1 or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2003-1 for any other administrative purposes of CFD No. 2003-1, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Apartment Property" means any Assessor's Parcel of Residential Property that consists of a building or buildings comprised of attached residential units available for rental, but not purchase, by the general public and under common management. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.

3.A.7.c
Packet Pg. 168 Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 65 - Monte Vista Homes) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 2
"CFD Administrator" means an official of the City, or designee thereof, responsible for calculating the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
"CFD No. 2003-1" means Community Facilities District No. 2003-1 of the City. "City" means the City of San Jacinto.
"Consumer Price Index" means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for "All Urban Consumers" in the Los Angeles - Anaheim - Riverside Area, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the City of Los Angeles.
"Council" means the City Council of the City, acting as the legislative body of CFD No. 2003-1.
"County" means the County of Riverside.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued after March 1, 2003 and as of March 1 of the previous Fiscal Year.
"Fiscal Year" means the period starting July 1 and ending on the following June 30. "Floor Area" for any Non-Residential Property means the total square footage of the building(s) located on such property, measured from outside wall to outside wall, exclusive of overhangs, porches, patios, carports, or similar spaces attached to the building but generally open on at least two sides. The determination of Floor Area shall be made by reference to the building permit(s) issued for such Assessor’s Parcel. "Land Use Class" means any of the classes listed in Table 1 and Table 2. "Maximum Special Tax" means the Maximum Special Tax A and/or Maximum Special Tax B, as applicable.
"Maximum Special Tax A" means the Maximum Special Tax A, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor’s Parcel. "Maximum Special Tax B" means the Maximum Special Tax B, determined in accordance with Section C.2 below, that can be levied on any Assessor’s Parcel of Taxable Property on a one-time basis, at the time a building permit for new construction is issued for such Assessor’s Parcel.
"Non-Residential Property" means all Assessor’s Parcels for which a building permit(s) was issued for a non-residential use.

3.A.7.c
Packet Pg. 169 Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 65 - Monte Vista Homes) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 3
"Non-Retail Commercial/Industrial Property" means all Assessor’s Parcels of Developed Property that are considered Non-Residential Property and that are not Retail Commercial Property.
"Property Owner Association Property" means, for each Fiscal Year, any Assessor’s Parcel within the boundaries of CFD No. 2003-1 that was owned by or irrevocably offered for dedication to a property owner association, including any master or sub-association, as of January 1 of the previous Fiscal Year.
"Proportionately" means that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor’s Parcels of Developed Property. "Public Property" means, for each Fiscal Year, (i) any property within the boundaries of CFD No. 2003-1 that was owned by or irrevocably offered for dedication to the federal government, the State, the City or any other public agency as of January 1 of the previous Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of CFD No. 2003-1 that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Retail Commercial Property" means all Assessor’s Parcels of Non-Residential Property for which the building permit was issued for a retail sales tax generating use or which is being used primarily for a retail sales tax generating use, as determined by the CFD Administrator. However, if the land use of an Assessor’s Parcel changes, and such Assessor’s Parcel no longer generates retail sales tax, such Assessor’s Parcel shall no longer be considered Retail Commercial Property and shall be classified and taxed according to its use, as determined by the CFD Administrator.
"Single Family Property" means all Assessor’s Parcels of Residential Property for which building permits have been issued for detached residential units, excluding Apartment Property.
"Special Tax" means the Special Tax A and/or Special Tax B, as applicable. "Special Tax A" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax Requirement. "Special Tax B" means the one-time Special Tax which is paid directly to the City at the time a building permit for new construction is issued for an Assessor’s Parcel of Taxable Property.

3.A.7.c
Packet Pg. 170 Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 65 - Monte Vista Homes) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 4
"Special Tax Requirement" means that amount required in any Fiscal Year to meet the needs of CFD No. 2003-1 to: (i) pay for fire protection and suppression services (ii) pay for police protection services (iii) pay Administrative Expenses; less (iv) a credit for any funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator. "State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2003-1 which are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2003-1 shall be classified as Developed Property or Undeveloped Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Section C.

Residential Property shall be assigned to Land Use Classes 1 and 2 based on the type of structure located on the Assessor's Parcel. Non-Retail Commercial/Industrial Property shall be assigned to Land Use Class 3.

C. MAXIMUM SPECIAL TAX RATE

1. Special Tax A
The Special Tax A is an annual Special Tax that shall be levied on Developed Property to fund the Special Tax Requirement.
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for Fiscal Year 2003-2004 for each Land Use Class is shown below in Table 1.

3.A.7.c
Packet Pg. 171 Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 65 - Monte Vista Homes) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 5
TABLE 1
Maximum Special Tax A for Developed Property
For Fiscal Year 2003-2004
Community Facilities District No. 2003-1
Land Use Class Description Maximum Special Tax A
1 Single Family Property $350 per unit
2 Apartment Property $262.50 per unit
3 Non-Retail
Commercial/Industrial Property $0.119 per SF of Floor Area (ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2004, the Maximum Special Tax A shall be increased based on the percentage change in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
(iii) Multiple Land Use Classes
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that can be levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes that can be levied for all Land Use Classes located on that Assessor’s Parcel.
b. Undeveloped Property

No Special Tax A shall be levied on Undeveloped Property.

3.A.7.c
Packet Pg. 172 Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 65 - Monte Vista Homes) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 6

2. Special Tax B
The Special Tax B is a one-time Special Tax that shall be paid directly to the City at the time a building permit for new construction is issued for an Assessor’s Parcel of Taxable Property.
a. Maximum Special Tax B
The Maximum Special Tax B for Fiscal Year 2003-2004 for each Land Use Class is shown below in Table 2.

TABLE 2
Maximum Special Tax B
For Fiscal Year 2003-2004
Community Facilities District No. 2003-1
Land Use Class Description Maximum Special Tax B
1 Single Family Property $600 per unit
2 Apartment Property $450 per unit
3 Non-Retail
Commercial/Industrial
Property
$0.204 per SF of Floor Area
b. Increase in the Maximum Special Tax B
On each July 1, commencing on July 1, 2004, the Maximum Special Tax B shall be increased based on the percentage change in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2003-2004 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement. The Council shall levy the Special Tax A until the amount of Special Taxes equals the Special Tax Requirement.

The Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax A as needed to satisfy the Special Tax Requirement.

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Packet Pg. 173 Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 65 - Monte Vista Homes) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 7
Notwithstanding the above, under no circumstances will the Special Tax A levied against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2003-1.

2. Special Tax B
Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall levy the Special Tax B on each Assessor’s Parcel that is subject to the Special Tax B at 100% of the applicable Maximum Special Tax B. The Special Tax B 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.

E. EXEMPTIONS
No Special Tax shall be levied on Retail Commercial Property, Property Owner Association Property or Public Property. However, should an Assessor’s Parcel no longer be classified as Retail Commercial Property, Property Owner Association Property or Public Property, its tax-exempt status will be revoked.

F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.

Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.

3.A.7.c
Packet Pg. 174 Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 65 - Monte Vista Homes) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 8
G. MANNER OF COLLECTION
The Special Tax A shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that in Fiscal Year 2004-05 and each Fiscal Year thereafter, CFD No. 2003-1 may directly bill the Special Tax A, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act. Commencing in Fiscal Year 2003-04, the Special Tax B shall be paid directly to the City.

H. TERM OF SPECIAL TAX
The Special Tax A and Special Tax B shall be levied as long as necessary to fund items (i) and (ii) of the Special Tax Requirement.

K:\Clients2\San Jacinto\Mello\Police&Fire CFD\RMA\servicesrma9.doc

3.A.7.c
Packet Pg. 175 Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 65 - Monte Vista Homes)

EXHIBIT B

CITY OF JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1

MAXIMUM SPECIAL TAX A FOR

DEVELOPED PROPERTY
Land Use
Class Description Fiscal Year 2003-04 Maximum Special Tax A [1] 1 Single Family Property $350.00 per unit
2 Apartment Property $262.50 per unit
3 Non-Retail Commercial/Industrial
Property $0.119 per SF of Floor Area
[1] On each July 1, commencing July 1, 2004, the Maximum Special Tax A for Developed Property 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.

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Packet Pg. 176 Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 65 - Monte Vista Homes)

EXHIBIT C

CITY OF JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1

MAXIMUM SPECIAL TAX B
Land Use
Class Description Fiscal Year 2003-04 Maximum Special Tax B [1] 1 Single Family Property $600.00 per unit
2 Apartment Property $450.00 per unit
3 Non-Retail Commercial/Industrial
Property $0.204 per SF of Floor Area
[1] On each July 1, commencing July 1, 2004, the Maximum Special Tax B for property where a building permit has been issued 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.

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Packet Pg. 177 Attachment: Exhibit B CFD 2003-1 - RMA (CFD 2003-1 Annex 65 - Monte Vista Homes) June 6, 2023
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: CFD 2020-1 Annexation 9 - Soboba Crossroads
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 3974, Resolution of Intention to Annex Territory, commonly known as Soboba Crossroads, into Community Facilities District No. 2020-1 and Authorize the Levy of Special Taxes therein.

DISCUSSION:

The City Council and Planning Commission previously identified the need for a financing mechanism to address maintenance and services associated with improvements resulting from new development within the City. In response, the City Council formed Community Facilities District 2020-1 (the "CFD") and approved the levy of special taxes therein. The CFD provides funding for services including, but not limited to: maintenance of landscaped areas, parkways, and median improvements throughout the CFD, and maintenance and servicing of streetlights, traffic signals, and appurtenant facilities (the "Services"). The City levies taxes on eligible parcels within the CFD to mitigate the added cost of providing the Services to new development.

The property owner has submitted a Petition to annex into Community Facilities District No. 2020-1. Adoption of the Resolution of Intention is required to annex the territory into the CFD.

The Resolution of Intention approves the CFD annexation boundaries -- commonly known as the site of Soboba Crossroads, a commercial project located at SW Main Street and Ramona Expressway -- and sets the Public Hearing date for July 18, 2023, during a regularly scheduled meeting of the City Council. A ballot will be mailed to the property owner(s) within the annexation territory to vote for or against the annexation.

FISCAL IMPACT:

The annexation of this territory into the CFD will assist in mitigating the cost of providing the Services. In Fiscal Year 2023/2024, it is anticipated that the CFD will collect $12,975 in special tax revenue based on full project buildout. If the property owner fails to perform maintenance of certain improvements to the City's standards, an additional contingent special tax defined in the CFD's Rate and Method of Apportionment would also be levied.

ATTACHMENTS:

Resolution No. 3974 - CFD 2020-1 Annex. No. 9 Resolution of Intention CFD 2020-1 Annex 9 (Soboba Crossroads)

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Resolution No. 3974

RESOLUTION NO. 3974

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO)

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO DECLARING INTENTION TO ANNEX

TERRITORY TO SAN JACINTO COMMUNITY FACILITIES
DISTRICT NO. 2020-1 AND ADOPTING A MAP OF THE

AREA PROPOSED TO BE ANNEXED THERETO
(ANNEXATION NO. 9 TO CFD 2020-1 (TAX ZONE NO. 10))
WHEREAS, the City Council (the “City Council”) of the City of San Jacinto (the “City”) has established San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California (the “District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, it is necessary that certain parcels of property be annexed to the District in order that they may be developed and receive the benefit of services which will be financed by the annual levy of special taxes on said property sufficient to pay the costs of such services and costs incidental thereto; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” (the “Act”) to annex territory to the District by complying with the procedures set forth in said Article 3.5;
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, as follows:

Section 1. Recitals. The above recitals are true and correct and are hereby incorporated into this resolution.

Section 2. Name of District. The name of the existing Community Facilities District is San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California.

Section 3. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 for the annexation to the District of the territory described in Exhibit “A” attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the District.

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Packet Pg. 179 Attachment: Resolution No. 3974 - CFD 2020-1 Annex. No. 9 Resolution of Intention (CFD 2020-1 Annexation 9 - Soboba Crossroads) Resolution No. 3974

Section 4. Description of Territory Proposed To Be Annexed; Annexation Map. The territory which is included in the District is described on the map of the District recorded on May 20, 2020, in Book 85 of Maps of Assessment and Community Facilities Districts, page 14, and as Instrument No 2020-0214738 in the official records of the County of Riverside. The territory proposed to be annexed to the District is described in Exhibit “A” attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled “Annexation Map No. 9, Community Facilities District No. 2020-1 (Tax Zone No. 10) of the City of San Jacinto, County of Riverside, State of California,” which is on file with the City Clerk (the “Annexation Map”).

Section 5. Types of Services; Incidental Expenses; Plan for Providing Services. A general description of the services which are to be funded with the revenues from special taxes which are to be levied on parcels of taxable property within the District is set forth in Exhibit “B” attached hereto and by reference made a part hereof. The District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out its authorized purposes. The services described above shall be provided, as needed, throughout the District and the territory proposed to be annexed thereto for the benefit of all owners of property and residents of the District and the territory proposed to be annexed thereto. All owners of taxable parcels of property within the District and the territory proposed to be annexed thereto shall pay special taxes at the same rate to finance the annual cost of providing such services. The services to be provided and financed by the District, as previously described, are necessary to meet increased demands placed upon the City as a result of development occurring within the District and the territory proposed to be annexed thereto.

Section 6. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services described in Section 5 above and the annual administrative expenses of the City and the District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the territory proposed to be annexed to the District. Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided however, that the District may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. The rates and method of apportionment of said special taxes shall be as set forth in Exhibit “C” attached hereto and by this reference made a part hereof.

Section 7. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the District. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation Map in her office and shall file a

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Packet Pg. 180 Attachment: Resolution No. 3974 - CFD 2020-1 Annex. No. 9 Resolution of Intention (CFD 2020-1 Annexation 9 - Soboba Crossroads) Resolution No. 3974

copy of the Annexation Map with the County Recorder of the County of Riverside no later than 15 days prior to the date of the hearing specified in Section 8 hereof.

Section 8. Hearing. A public hearing on the proposed annexation of said territory to the District shall be held at 6:30 p.m. on Tuesday, July 18, 2023, in the San Jacinto Community Center, located at 625 S. Pico Avenue, San Jacinto, California.

Section 9. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the California Government Code, and shall also give notice of the hearing by first class mail to each registered voter and landowner within the territory proposed to be annexed to the District as prescribed by Section 53339.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing and shall contain the information required by said Section 53339.4.

Section 10. Description of Voting Procedures. The voting procedures to be followed in conducting the election on the proposition with respect to the levy of special taxes within the territory proposed to be annexed to the District to shall be as follows:
(a) If at the time of the close of the public or protest hearing (hereinafter referred to as the “protest hearing”) at least 12 persons are registered to vote within the territory proposed to be annexed to the District, the election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code (“Section 53326”) and pursuant to the applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to Section 53326 the ballots for the election shall be distributed to the qualified electors of the territory proposed to be annexed to the District by mail with return postage prepaid and the election shall be conducted as a mail ballot election. (b) If at the time of the close of the protest hearing, and for at least the preceding 90 days, less than 12 persons have been registered to vote within the territory proposed to be annexed to the District, and pursuant to Section 53326, the vote is therefore to be by the landowners of that territory, 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, the election shall be conducted by the City Clerk as follows:
(1) The election shall be held on the earliest date following the conclusion of the protest hearing upon which it can be held pursuant to Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the territory proposed to be annexed to the District and the City Clerk agree and concur is acceptable.

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Packet Pg. 181 Attachment: Resolution No. 3974 - CFD 2020-1 Annex. No. 9 Resolution of Intention (CFD 2020-1 Annexation 9 - Soboba Crossroads) Resolution No. 3974

(2) Pursuant to Section 53326, the election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the territory proposed to be annexed to the District waive the time limits for conducting the election set forth in Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors. (3) Pursuant to Section 53326, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service.
(4) Pursuant to applicable provisions of law regulating elections of the City which govern the conduct of mail ballot elections, and Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this resolution; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners of the territory proposed to be annexed to the District and shall be so stated in the resolution adopted by the City Council calling the election.
(5) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landownervoter, and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes

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Packet Pg. 182 Attachment: Resolution No. 3974 - CFD 2020-1 Annex. No. 9 Resolution of Intention (CFD 2020-1 Annexation 9 - Soboba Crossroads) Resolution No. 3974

to which the landowner-voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within the territory proposed to be annexed to the District.
(6) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following:
(i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(7) The information-to-voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 o’clock p.m. on the date of the election. (8) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council at its next regular meeting regarding the results of such canvass and the election.

The procedures set forth in this section for conducting the election may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.

PASSED, APPROVED, and ADOPTED this 6
th day of June 2023, by the following vote:

AYES:

NAYS:

3.A.8.a
Packet Pg. 183 Attachment: Resolution No. 3974 - CFD 2020-1 Annex. No. 9 Resolution of Intention (CFD 2020-1 Annexation 9 - Soboba Crossroads) Resolution No. 3974

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
______________________
Alonso Ledezma, Mayor
ATTEST:

Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER, LLP.
______________________________
Craig Hayes, City Attorney

3.A.8.a
Packet Pg. 184 Attachment: Resolution No. 3974 - CFD 2020-1 Annex. No. 9 Resolution of Intention (CFD 2020-1 Annexation 9 - Soboba Crossroads) Resolution No. 3974

CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO)
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3974 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 6 th day of June 2023.

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 6th day of June 2023. ________________________________
Julia Espinoza, City Clerk
City of San Jacinto

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Packet Pg. 185 Attachment: Resolution No. 3974 - CFD 2020-1 Annex. No. 9 Resolution of Intention (CFD 2020-1 Annexation 9 - Soboba Crossroads) Resolution No. 3974
A-1
EXHIBIT “A”

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN

JACINTO, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

APN: 433-160-027, 433-160-042, 433-160-043, 433-160-044 & 433-160-045

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Packet Pg. 186 Attachment: Resolution No. 3974 - CFD 2020-1 Annex. No. 9 Resolution of Intention (CFD 2020-1 Annexation 9 - Soboba Crossroads) Resolution No. 3974
B-1
EXHIBIT “B”

DESCRIPTION OF SERVICES
The types of services proposed to be provided for and financed by the proposed District are:
(a) the maintenance of landscaped areas, parkways and medians improvements throughout the District and public rights-of-ways, including, but not limited to, street trees, fencing, irrigation systems, sidewalks, drainage systems, graffiti removal, replacement, furnishing of water, electric current or energy, gas, or other illuminating agent for the operation of any improvement within the District; and
(b) the maintenance and servicing of streetlights, traffic signals and appurtenant facilities, including, but not limited to furnishing of electric current, materials, contracted services, and the necessary maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition; and (c) any other services authorized under the Act.

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Packet Pg. 187 Attachment: Resolution No. 3974 - CFD 2020-1 Annex. No. 9 Resolution of Intention (CFD 2020-1 Annexation 9 - Soboba Crossroads) Resolution No. 3974
C-1
EXHIBIT “C”

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax shall be levied and collected in Community Facilities District No. 2020-1, City of San Jacinto (“CFD 2020-1”) 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 2020-1, unless exempted by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

I. DEFINITIONS
The terms used herein shall have the following meanings:
“Accessory Dwelling Unit” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.1 as that may be amended from time to time, that shares a Parcel with a Unit of Single Family Detached Property. "Acre or Acreage" means the land area of an Assessor’s Parcel as shown on an 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 final map, parcel map, condominium plan, or other recorded County parcel map or calculated using available spatial data and GIS. The square footage of an Assessor’s Parcel is equal to the Acreage of such parcel 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 Act of the State of California. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD 2020-1: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; 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 or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Taxes; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes in CFD 2020-1.
“Affordable Housing Property” means, in any Fiscal Year, all or a portion of any Assessor’s Parcel within the boundaries of CFD 2020-1 that is subject to a deed

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Packet Pg. 188 Attachment: Resolution No. 3974 - CFD 2020-1 Annex. No. 9 Resolution of Intention (CFD 2020-1 Annexation 9 - Soboba Crossroads) Resolution No. 3974
C-2
restriction, resale restriction, or regulatory agreement recorded in favor of the City of San Jacinto that restricts Unit rents or prices chargeable to lower income households. “Affordable Multi-Family Property” means Multi-Family Property that is also Affordable Housing Property.
“Affordable Single Family Attached Property” means Single Family Attached Property that is also Affordable Housing Property.
“Affordable Single Family Detached Property” means Single Family Detached Property that is also Affordable Housing Property.
“Agricultural Property” means all Assessor’s Parcels of Developed Property in CFD 2020-1 that are used for farming or agriculture according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD 2020-1.
“Annual Special Tax Requirement” means that amount with respect to CFD 2020-1 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) the Contingent Special Tax Requirement, (4) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD 2020-1, and (5) reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year.
“Assessor’s Data” means Acreage or other Parcel information contained in the records of the County Assessor.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in 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 Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County for purposes of identification. "Backup Contingent Special Tax" means the Backup Contingent Special Tax applicable to each Assessor’s Parcel of Taxable Property, as determined in accordance with Section III below.
"Backup Special Tax" means the Backup Special Tax applicable to each Assessor’s Parcel of Taxable Property, as determined in accordance with Section III below. “Boundary Map” means that map recorded with the County Recorder’s office on the 20th day of May in Book 85 at Page 14 as Document Number 2020-0214738.

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Packet Pg. 189 Attachment: Resolution No. 3974 - CFD 2020-1 Annex. No. 9 Resolution of Intention (CFD 2020-1 Annexation 9 - Soboba Crossroads) Resolution No. 3974
C-3
“Building Square Foot(age)” means the structure square footage as shown in the building permit issued or as contained in the County Assessor’s Data. “CFD 2020-1” means the Community Facilities District No. 2020-1, City of San Jacinto, County of Riverside, State of California.
“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, County of Riverside, California. “City Council” means the City Council of the City, acting as the legislative body of CFD 2020-1.
“Commercial Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued for a commercial use, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Contingent Services” means those services to be provided initially by a POA or a property owner where an irrevocable offer of dedication, public easement or other instrument allows for the dedication of improvements to the City so that the City or contractor(s) of the City may provide such services should the POA or property owner be unable to provide the Contingent Services to the City’s standards or pay for the costs of such services. The actual services that are considered Contingent Service may differ within each Tax Zone.
“Contingent Special Tax” means that amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax Requirement. “Contingent Special Tax Requirement” means that amount with respect to each Tax Zone as required in any Fiscal Year if the POA is unable to provide the Contingent Services to the City’s standards or pay for the costs of Contingent Services incurred or otherwise payable.
“County” means the County of Riverside, California.
“Developed Property” means, in any Fiscal Year, all Taxable Property in CFD 2020-1 for which a building permit for new construction was issued by the City prior to June 1 of the preceding Fiscal Year. Agricultural Property used for farming or agriculture is considered Developed Property even if no structure is on the Parcel. “Exempt Property” means all property located within the boundaries of CFD 2020-1 which is exempt from the Special Tax pursuant to Section V below. “Fiscal Year” means the period from July 1st of any calendar year through June 30th of the following calendar year.

3.A.8.a
Packet Pg. 190 Attachment: Resolution No. 3974 - CFD 2020-1 Annex. No. 9 Resolution of Intention (CFD 2020-1 Annexation 9 - Soboba Crossroads) Resolution No. 3974
C-4
“Future Annexation Area” means the area designated for future annexation to CFD 2020-1 as shown in the CFD 2020-1 Boundary Map, as may be amended from time to time.
“GIS” means a geographic information system.
“Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued for an industrial use, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Maximum Contingent Special Tax” means the maximum Contingent Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section III.
“Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section III. “Mixed Use Property” means all Assessor’s Parcels of Developed Property that have more than one property classifications, allowing for both residential and other use types on each such Assessor’s Parcel. For an Assessor’s Parcel of Mixed Use Property, the Special Tax shall be calculated and levied for each use type present on the Assessor’s Parcel.
“Multi-Family Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit has been issued for construction of a residential structure with five or more Units that share a single Assessor’s Parcel Number, are offered for rent to the general public, and cannot be purchased by individual homebuyers, according to Assessor’s Data or as otherwise known by the CFD Administrator. “Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued, that is not used for people to live in, and does not include Agricultural Property, Commercial Property, Multi-Family Property, Industrial Property or Public Property, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Parcel” means a lot or parcel with a parcel number assigned by the Assessor of the County.
“Property Owner’s Association” or “POA” means any property owner’s association established to provide Contingent Services within a Tax Zone. “Property Owners Association Property” means any property within the boundaries of CFD 2020-1 which is (a) owned by a property owners’ association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. As used in this definition, a property owner association includes any master or sub-association.

3.A.8.a
Packet Pg. 191 Attachment: Resolution No. 3974 - CFD 2020-1 Annex. No. 9 Resolution of Intention (CFD 2020-1 Annexation 9 - Soboba Crossroads) Resolution No. 3974
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“Proportionately” means, for Developed Property that the ratio of the Special Tax levy to the Assigned Special Tax or the Backup Special Tax is equal for all Assessors’ Parcels of Developed Property within CFD 2020-1. For Undeveloped Property, “Proportionately” means that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Undeveloped Property within CFD 2020-1. “Public Property” means any property within the boundaries of CFD 2020-1 owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public or private road right-of-way making the property unusable for any other purpose has been granted to the federal government, the State of California, the County, the City, or any local government or other public agency.
“Single Family Attached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit was issued for construction of a residential structure consisting of two or more Units that share common walls, have separate Assessor’s Parcel Numbers assigned to them (except for a duplex triplex, or fourplex unit, which may share a Parcel with another duplex, triplex or fourplex Unit(s)), and may be purchased by individual homebuyers (which shall still be the case even if the Units are purchased and subsequently offered for rent by the owner of the Unit), including such residential structures that meet the statutory definition of a condominium project contained in Civil Code Section 4125, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Single Family Detached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a Unit that does not share a common wall with another Unit, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Special Tax” means the amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “Tax Escalation Factor” means a factor equal to the annual change in the April to April Riverside-San Bernardino-Ontario CPI-U Index up to a maximum factor of 5% that will be applied annually after Fiscal Year 2020/21 to increase the Maximum Special Tax rates shown in Section III.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All of the Taxable Property within CFD 2020-1 at the time of its formation is within Tax Zone No. 1.

Additional Tax Zones may be created when property is annexed to CFD 2020-1, and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD 2020-1 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation.

3.A.8.a
Packet Pg. 192 Attachment: Resolution No. 3974 - CFD 2020-1 Annex. No. 9 Resolution of Intention (CFD 2020-1 Annexation 9 - Soboba Crossroads) Resolution No. 3974
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“Taxable Property” means all Parcels within the boundary of CFD 2020-1 that are not Exempt Property, or exempt from the Special Tax pursuant to the Act or Section V below. “Undeveloped Property” means all Parcels of Taxable Property that are not Developed Property.
“Unit” means any individual single family detached or attached home, townhome, condominium, apartment, or other residential dwelling unit, including each separate living area within a half-plex, duplex, triplex, fourplex, or other residential structure. An Accessory Dwelling Unit that shares a Parcel with a Unit of Single Family Detached Property, Single Family Attached Property shall not be considered a separate Unit for purposes of calculating the Special Tax.
“Welfare Exempt Property” means all Parcels within the boundaries of CFD 2020-1 that have been granted a welfare exemption pursuant to Section 53340 (c) under the Act under subdivision (g) of Section 214 of the Revenue and Taxation Code by the County.

II. DETERMINATION OF TAXABLE PARCELS
On or about July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD 2020-1. If any Assessor’s Parcel Numbers are no longer valid from the previous Fiscal Year, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers that are in effect for the current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated or otherwise reconfigured, the Maximum Special Tax rates shall be assigned to the new Assessor’s Parcels pursuant to Section III. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units each Parcel contains; (iv) the property type, i.e. Single Family Detached Property, etc; and (iv) the Annual Special Tax Requirement for the Fiscal Year.

III. SPECIAL TAX - METHOD OF APPORTIONMENT
All Taxable Property shall be subject to a Special Tax defined as follows.

The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD 2020-1 by the method shown below.

First. Determine the Annual Special Tax Requirement.

Second. Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the Maximum Special Tax described in the table below to satisfy the Annual Special Tax Requirement.

Third. If additional monies are needed to satisfy the Annual Special Tax Requirement after the first step has been completed, the Special Tax shall

3.A.8.a
Packet Pg. 193 Attachment: Resolution No. 3974 - CFD 2020-1 Annex. No. 9 Resolution of Intention (CFD 2020-1 Annexation 9 - Soboba Crossroads) Resolution No. 3974
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be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped Property.

Under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2020-1.

TABLE 1
SPECIAL TAX RATES – TAX ZONE NO. 1
FISCAL YEAR 2020/21*
Property Type
Special Tax
Rate Per
Expected
Special Tax
Revenue
Commercial Property $1,585.20 Acre $13,601.00
Undeveloped Property $1,585.20 Acre $13,601.00
*On each July 1, commencing on July 1, 2021, the Maximum Special Tax Rate and Expected Special Tax Revenue for
each Tax Zone shall be increased by the Tax Escalation
Factor.

3.A.8.a
Packet Pg. 194 Attachment: Resolution No. 3974 - CFD 2020-1 Annex. No. 9 Resolution of Intention (CFD 2020-1 Annexation 9 - Soboba Crossroads) Resolution No. 3974
C-8
TABLE 2
CONTINGENT SPECIAL TAX RATES – TAX ZONE NO. 1
FISCAL YEAR 2020/21*
Property Type
Contingent
Special Tax
Rate
Per
Expected
Contingent
Special Tax
Revenue
Commercial Property $5,406.45 Acre $46,387.30
Undeveloped Property $5,406.45 Acre $46,387.30
*On each July 1, commencing on July 1, 2021, the Maximum Special Tax Rate and Expected Contingent Special Tax
Revenue for each Tax Zone shall be increased by the Tax Escalation Factor.

Maximum Special Taxes
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within each Tax Zone shall be the greater of the Special Tax as show in Table 1 or the Backup Special Tax.

The Maximum Contingent Special Tax for each Assessor’s Parcel of Taxable Property within each Tax Zone shall be the greater of the Contingent Special Tax as show in Table 2 or the Backup Contingent Special Tax.

Backup Special Taxes
The Backup Special Tax for each Assessor’s Parcel of Taxable Property within each Tax Zone shall be the rate per Acre that results in the Expected Special Tax Revenue for each Tax Zone.

The Backup Contingent Special Tax for each Assessor’s Parcel of Taxable Property within each Tax Zone shall be the rate per Acre that results in the Expected Contingent Special Tax Revenue for each Tax Zone.

A different Maximum Special Tax rate may be identified in Tax Zones added to CFD 2020- 1 as a result of future annexations.

In some instances, an Assessor’s Parcel of Developed Property may contain more than one type of property. The Maximum Special Taxes levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes for all Units located on that Assessor’s Parcel.

IV. FORMULA FOR PREPAYMENT OF SPECIAL TAX OBLIGATIONS
The Special Tax may not be prepaid.

3.A.8.a
Packet Pg. 195 Attachment: Resolution No. 3974 - CFD 2020-1 Annex. No. 9 Resolution of Intention (CFD 2020-1 Annexation 9 - Soboba Crossroads) Resolution No. 3974
C-9
V. 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 53317.3 and 53317.5 of the Act.

Additionally, Welfare Exempt Property, shall be reimbursed for Special Tax levied and paid. A property owner must provide documentation of the exemption within one calendar year after having paid the Special Taxes for which an exemption has been granted. A refund of the amount of Special Taxes paid for the Fiscal Year the exemption has been granted will be provided to the owner of Welfare Exempt Property who was granted the exemption.

VI. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document shall be at the City’s 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.

VII. 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 2020-1, and may collect delinquent Special Taxes through foreclosure or other available methods.

A Special Tax shall continue to be levied and collected within CFD 2020-1, as needed to fund the Annual Special Tax Requirement, in perpetuity.

VIII. APPEAL OF SPECIAL TAX LEVY
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 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 the 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 its determination.

3.A.8.a
Packet Pg. 196 Attachment: Resolution No. 3974 - CFD 2020-1 Annex. No. 9 Resolution of Intention (CFD 2020-1 Annexation 9 - Soboba Crossroads) Resolution No. 3974
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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 years’ 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.

3.A.8.a
Packet Pg. 197 Attachment: Resolution No. 3974 - CFD 2020-1 Annex. No. 9 Resolution of Intention (CFD 2020-1 Annexation 9 - Soboba Crossroads) Resolution No. 3974
C-11

CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1
ATTACHMENT 1

SPECIAL TAX RATES
Tax
Zone APNs
Base
Year* Rate
Expected
Special Tax
Revenue
10 433-160-027,
433-160-042,
433-160-043,
433-160-044 &
433-160-045
2023/24 $1,373.00/Acre (Commercial
Property)
$12,974.85
* On each July 1, commencing on July 1 of the Base Year, the Maximum Special Tax Rate and Expected Special Tax Revenue for each Tax Zone shall be increased by the Tax Escalation Factor.

CONTINGENT SPECIAL TAX RATES
Tax
Zone APNs
Base
Year* Rate
Expected
Contingent
Special Tax
Revenue
10 433-160-027,
433-160-042,
433-160-043,
433-160-044 &
433-160-045
2023/24 $4,760.00/ Acre (Commercial
Property) $44,982.00
* On each July 1, commencing on July 1 of the Base Year, the Maximum Special Tax Rate and Expected Contingent Special Tax Revenue for each Tax Zone shall be increased by the Tax Escalation Factor.

3.A.8.a
Packet Pg. 198 Attachment: Resolution No. 3974 - CFD 2020-1 Annex. No. 9 Resolution of Intention (CFD 2020-1 Annexation 9 - Soboba Crossroads) ANNEXATION MAP NO. 9 OF

CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1
ANNEXATION NO. 9 (TAX ZONE NO. 10)
FILEDINTHEOFFICEOFTHECITY CLERKOFTHECITY OFSANJACINTO THIS________DAY OF____________, 20____.
________________________________________

CITY CLERK

CITY OFSANJACINTO

RIVERSIDECOUNTY ,CALIFORNIA
IHEREBY CERTIFY THATTHEWITHINMAP SHOWINGTHEP ROP OSEDBOUNDARIESOFANNEXATIONNO.9TOCITY OFSANJACINTOCOMMUNITY FACILITIESDISTRICTNO.2020-1ANNEXATIONNO.9(TAXZ ONENO.10),COUNTY OF

RIVERSIDE,STATEOFCALIFORNIA,WASAP P ROVEDBY THECITY COUNCILOFTHECITY OFSANJACINTO,ATA MEETING THEREOF, HELD ON THE _____ DAY OF ____________, 20____, BY ITS RESOLUTION NO. __________________.
________________________________________

CITY CLERK

CITY OFSANJACINTO

RIVERSIDECOUNTY ,CALIFORNIA
FILEDTHIS________DAY OF____________,20____,ATTHEHOUROF_______O’CLOCK__M,INBOOK________OF MAP SOFASSESSMENTANDCOMMUNITY FACILITIESDISTRICTSATP AGE______INTHEOFFICEOFTHECOUNTY RECORDEROFTHECOUNTY OFRIVERSIDE,STATEOFCALIFORNIA.
____________________________

DEP UTY

COUNTY RECORDER

COUNTY OFRIVERSIDE,CALIFORNIA

FORP ARTICULARSOFTHELINESANDDIMENSIONSOFASSESSORP ARCELS,REFERENCEISMADETOTHEMAP S OFTHEASSESSOR,COUNTY OFRIVERSIDE,STATEOFCALIFORNIA.

REFERENCEISHEREBY MADETOTHATCERTAINMAP ENTITLED“P ROP OSEDBOUNDARY MAP OFCITY OFSAN JACINTOCOMMUNITY FACILITIESDISTRICTNO.2020-1,COUNTY OFRIVERSIDE,STATEOFCALIFORNIA”FILEDTHE 20TH DAY OFMAY ,2020,ATTHE HOUR OF11:04O’CLOCKA.M.IN BOOK85OFMAP SOFASSESSMENTAND COMMUNITY FACILITIESDISTRICTSATP AGE14ANDASINSTRUMENTNO.2020-0214738INTHEOFFICEOFTHE

COUNTY RECORDERFORTHECOUNTY OFRIVERSIDE,STATEOFCALIFORNIA,WHICHTHISANNEXATIONMAP AFFECTS.CERTAIN ANNEXATION P ROCEEDINGS HAVE BEEN CONDUCTED WHICH HAVE ADDED OTHER TERRITORY TOTHISCOMMUNITY FACILITIESISTRICTNOIDENTIFIEDINTHISBOUNDARY MAP .

CITY OF SAN JACINTO

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STATE OF CALIFORNIA
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3.A.8.b
IN AVE
Attachment: CFD 2020-1 Annex 9 (Soboba Crossroads) (CFD 2020-1 Annexation 9 - Soboba Crossroads) June 6, 2023
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: CFD 2020-1 Annexation 10 - Monte Vista Homes
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 3972, Resolution of Intention to Annex Territory, commonly known as Monte Vista Homes, into Community Facilities District No. 2020-1 and Authorize the Levy of Special Taxes therein.

DISCUSSION:

The City Council and Planning Commission previously identified the need for a financing mechanism to address maintenance and services associated with improvements resulting from new development within the City. In response, the City Council formed Community Facilities District 2020-1 (the "CFD") and approved the levy of special taxes therein. The CFD provides funding for services including, but not limited to: maintenance of landscaped areas, parkways, and median improvements throughout the CFD, and maintenance and servicing of streetlights, traffic signals, and appurtenant facilities (the "Services"). The City levies taxes on eligible parcels within the CFD to mitigate the added cost of providing the Services to new development.

The property owner has submitted a Petition to annex into Community Facilities District No. 2020-1. Adoption of the Resolution of Intention is required to annex the territory into the CFD.

The Resolution of Intention approves the CFD annexation boundaries -- commonly known as the site of Monte Vista Homes’ new 36-unit residential development located approximately 350 feet north of the northwest corner of Kirby St and Esplanade Ave -- and sets the Public Hearing date for July 18, 2023, during a regularly scheduled meeting of the City Council. A ballot will be mailed to the property owner(s) within the annexation territory to vote for or against the annexation.

FISCAL IMPACT:

The annexation of this territory into the CFD will assist in mitigating the cost of providing the Services. In Fiscal Year 2023/2024, it is anticipated that the CFD will collect $7,740 in special tax revenue based upon full project buildout. If the property owner fails to perform maintenance of certain improvements to the City's standards, an additional contingent special tax defined in the CFD's Rate and Method of Apportionment would also be levied.

ATTACHMENTS:

Resolution No. 3972 - CFD 2020-1 Annex. No. 10 Resolution of Intention CFD 2020-1 Annex 10 (Monte Vista)

3.A.9
Packet Pg. 200
Resolution No. 3972

RESOLUTION NO. 3972

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO)

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO DECLARING INTENTION TO ANNEX

TERRITORY TO SAN JACINTO COMMUNITY FACILITIES
DISTRICT NO. 2020-1 AND ADOPTING A MAP OF THE

AREA PROPOSED TO BE ANNEXED THERETO
(ANNEXATION NO. 10 TO CFD 2020-1 (TAX ZONE NO. 11))
WHEREAS, the City Council (the “City Council”) of the City of San Jacinto (the “City”) has established San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California (the “District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, it is necessary that certain parcels of property be annexed to the District in order that they may be developed and receive the benefit of services which will be financed by the annual levy of special taxes on said property sufficient to pay the costs of such services and costs incidental thereto; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” (the “Act”) to annex territory to the District by complying with the procedures set forth in said Article 3.5;
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, as follows:

Section 1. Recitals. The above recitals are true and correct and are hereby incorporated into this resolution.

Section 2. Name of District. The name of the existing Community Facilities District is San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California.

Section 3. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 for the annexation to the District of the territory

3.A.9.a
Packet Pg. 201 Attachment: Resolution No. 3972 - CFD 2020-1 Annex. No. 10 Resolution of Intention (CFD 2020-1 Annexation 10 - Monte Vista Homes) Resolution No. 3972

described in Exhibit “A” attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the District.

Section 4. Description of Territory Proposed To Be Annexed; Annexation Map. The territory which is included in the District is described on the map of the District recorded on May 20, 2020, in Book 85 of Maps of Assessment and Community Facilities Districts, page 14, and as Instrument No 2020-0214738 in the official records of the County of Riverside. The territory proposed to be annexed to the District is described in Exhibit “A” attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled “Annexation Map No. 10, Community Facilities District No. 2020-1 (Tax Zone No. 11) of the City of San Jacinto, County of Riverside, State of California,” which is on file with the City Clerk (the “Annexation Map”).

Section 5. Types of Services; Incidental Expenses; Plan for Providing Services. A general description of the services which are to be funded with the revenues from special taxes which are to be levied on parcels of taxable property within the District is set forth in Exhibit “B” attached hereto and by reference made a part hereof. The District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out its authorized purposes. The services described above shall be provided, as needed, throughout the District and the territory proposed to be annexed thereto for the benefit of all owners of property and residents of the District and the territory proposed to be annexed thereto. All owners of taxable parcels of property within the District and the territory proposed to be annexed thereto shall pay special taxes at the same rate to finance the annual cost of providing such services. The services to be provided and financed by the District, as previously described, are necessary to meet increased demands placed upon the City as a result of development occurring within the District and the territory proposed to be annexed thereto.

Section 6. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services described in Section 5 above and the annual administrative expenses of the City and the District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the territory proposed to be annexed to the District. Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided however, that the District may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. The rates and method of apportionment of said special taxes shall be as set forth in Exhibit “C” attached hereto and by this reference made a part hereof.

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Section 7. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the District. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of Riverside no later than 15 days prior to the date of the hearing specified in Section 8 hereof.

Section 8. Hearing. A public hearing on the proposed annexation of said territory to the District shall be held at 6:30 p.m. on Tuesday, July 18, 2023, in the San Jacinto Community Center, located at 625 S. Pico Avenue, San Jacinto, California.

Section 9. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the California Government Code, and shall also give notice of the hearing by first class mail to each registered voter and landowner within the territory proposed to be annexed to the District as prescribed by Section 53339.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing and shall contain the information required by said Section 53339.4.

Section 10. Description of Voting Procedures. The voting procedures to be followed in conducting the election on the proposition with respect to the levy of special taxes within the territory proposed to be annexed to the District to shall be as follows:
(a) If at the time of the close of the public or protest hearing (hereinafter referred to as the “protest hearing”) at least 12 persons are registered to vote within the territory proposed to be annexed to the District, the election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code (“Section 53326”) and pursuant to the applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to Section 53326 the ballots for the election shall be distributed to the qualified electors of the territory proposed to be annexed to the District by mail with return postage prepaid and the election shall be conducted as a mail ballot election. (b) If at the time of the close of the protest hearing, and for at least the preceding 90 days, less than 12 persons have been registered to vote within the territory proposed to be annexed to the District, and pursuant to Section 53326, the vote is therefore to be by the landowners of that territory, 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, the election shall be conducted by the City Clerk as follows:
(1) The election shall be held on the earliest date following the conclusion of the protest hearing upon which it can be held pursuant to

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Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the territory proposed to be annexed to the District and the City Clerk agree and concur is acceptable. (2) Pursuant to Section 53326, the election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the territory proposed to be annexed to the District waive the time limits for conducting the election set forth in Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors. (3) Pursuant to Section 53326, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service.
(4) Pursuant to applicable provisions of law regulating elections of the City which govern the conduct of mail ballot elections, and Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this resolution; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners of the territory proposed to be annexed to the District and shall be so stated in the resolution adopted by the City Council calling the election.
(5) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landownervoter, and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such

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official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within the territory proposed to be annexed to the District.
(6) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following:
(i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(7) The information-to-voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 o’clock p.m. on the date of the election. (8) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election and shall file a statement with the City Council at its next regular meeting regarding the results of such canvass and the election.

The procedures set forth in this section for conducting the election may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.

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PASSED, APPROVED, and ADOPTED this 6
th day of June 2023, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
______________________
Alonso Ledezma, Mayor
ATTEST:

Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER, LLP.
______________________________
Craig Hayes, City Attorney

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CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO)
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3972 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 6 th day of June 2023.

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 6th day of June 2023. ________________________________
Julia Espinoza, City Clerk
City of San Jacinto

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EXHIBIT “A”

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN

JACINTO, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

APN: 436-450-016

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EXHIBIT “B”

DESCRIPTION OF SERVICES
The types of services proposed to be provided for and financed by the proposed District are:
(a) the maintenance of landscaped areas, parkways and medians improvements throughout the District and public rights-of-ways, including, but not limited to, street trees, fencing, irrigation systems, sidewalks, drainage systems, graffiti removal, replacement, furnishing of water, electric current or energy, gas, or other illuminating agent for the operation of any improvement within the District; and
(b) the maintenance and servicing of streetlights, traffic signals and appurtenant facilities, including, but not limited to furnishing of electric current, materials, contracted services, and the necessary maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition; and (c) any other services authorized under the Act.

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EXHIBIT “C”

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax shall be levied and collected in Community Facilities District No. 2020-1, City of San Jacinto (“CFD 2020-1”) 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 2020-1, unless exempted by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

I. DEFINITIONS
The terms used herein shall have the following meanings:
“Accessory Dwelling Unit” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.1 as that may be amended from time to time, that shares a Parcel with a Unit of Single Family Detached Property. "Acre or Acreage" means the land area of an Assessor’s Parcel as shown on an 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 final map, parcel map, condominium plan, or other recorded County parcel map or calculated using available spatial data and GIS. The square footage of an Assessor’s Parcel is equal to the Acreage of such parcel 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 Act of the State of California. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD 2020-1: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; 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 or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Taxes; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes in CFD 2020-1.
“Affordable Housing Property” means, in any Fiscal Year, all or a portion of any Assessor’s Parcel within the boundaries of CFD 2020-1 that is subject to a deed

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restriction, resale restriction, or regulatory agreement recorded in favor of the City of San Jacinto that restricts Unit rents or prices chargeable to lower income households. “Affordable Multi-Family Property” means Multi-Family Property that is also Affordable Housing Property.
“Affordable Single Family Attached Property” means Single Family Attached Property that is also Affordable Housing Property.
“Affordable Single Family Detached Property” means Single Family Detached Property that is also Affordable Housing Property.
“Agricultural Property” means all Assessor’s Parcels of Developed Property in CFD 2020-1 that are used for farming or agriculture according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD 2020-1.
“Annual Special Tax Requirement” means that amount with respect to CFD 2020-1 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) the Contingent Special Tax Requirement, (4) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD 2020-1, and (5) reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year.
“Assessor’s Data” means Acreage or other Parcel information contained in the records of the County Assessor.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in 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 Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County for purposes of identification. "Backup Contingent Special Tax" means the Backup Contingent Special Tax applicable to each Assessor’s Parcel of Taxable Property, as determined in accordance with Section III below.
"Backup Special Tax" means the Backup Special Tax applicable to each Assessor’s Parcel of Taxable Property, as determined in accordance with Section III below. “Boundary Map” means that map recorded with the County Recorder’s office on the 20th day of May in Book 85 at Page 14 as Document Number 2020-0214738.

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“Building Square Foot(age)” means the structure square footage as shown in the building permit issued or as contained in the County Assessor’s Data. “CFD 2020-1” means the Community Facilities District No. 2020-1, City of San Jacinto, County of Riverside, State of California.
“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, County of Riverside, California. “City Council” means the City Council of the City, acting as the legislative body of CFD 2020-1.
“Commercial Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued for a commercial use, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Contingent Services” means those services to be provided initially by a POA or a property owner where an irrevocable offer of dedication, public easement or other instrument allows for the dedication of improvements to the City so that the City or contractor(s) of the City may provide such services should the POA or property owner be unable to provide the Contingent Services to the City’s standards or pay for the costs of such services. The actual services that are considered Contingent Service may differ within each Tax Zone.
“Contingent Special Tax” means that amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax Requirement. “Contingent Special Tax Requirement” means that amount with respect to each Tax Zone as required in any Fiscal Year if the POA is unable to provide the Contingent Services to the City’s standards or pay for the costs of Contingent Services incurred or otherwise payable.
“County” means the County of Riverside, California.
“Developed Property” means, in any Fiscal Year, all Taxable Property in CFD 2020-1 for which a building permit for new construction was issued by the City prior to June 1 of the preceding Fiscal Year. Agricultural Property used for farming or agriculture is considered Developed Property even if no structure is on the Parcel. “Exempt Property” means all property located within the boundaries of CFD 2020-1 which is exempt from the Special Tax pursuant to Section V below. “Fiscal Year” means the period from July 1st of any calendar year through June 30th of the following calendar year.

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“Future Annexation Area” means the area designated for future annexation to CFD 2020-1 as shown in the CFD 2020-1 Boundary Map, as may be amended from time to time.
“GIS” means a geographic information system.
“Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued for an industrial use, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Maximum Contingent Special Tax” means the maximum Contingent Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section III.
“Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section III. “Mixed Use Property” means all Assessor’s Parcels of Developed Property that have more than one property classifications, allowing for both residential and other use types on each such Assessor’s Parcel. For an Assessor’s Parcel of Mixed Use Property, the Special Tax shall be calculated and levied for each use type present on the Assessor’s Parcel.
“Multi-Family Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit has been issued for construction of a residential structure with five or more Units that share a single Assessor’s Parcel Number, are offered for rent to the general public, and cannot be purchased by individual homebuyers, according to Assessor’s Data or as otherwise known by the CFD Administrator. “Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued, that is not used for people to live in, and does not include Agricultural Property, Commercial Property, Multi-Family Property, Industrial Property or Public Property, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Parcel” means a lot or parcel with a parcel number assigned by the Assessor of the County.
“Property Owner’s Association” or “POA” means any property owner’s association established to provide Contingent Services within a Tax Zone. “Property Owners Association Property” means any property within the boundaries of CFD 2020-1 which is (a) owned by a property owners’ association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. As used in this definition, a property owner association includes any master or sub-association.

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“Proportionately” means, for Developed Property that the ratio of the Special Tax levy to the Assigned Special Tax or the Backup Special Tax is equal for all Assessors’ Parcels of Developed Property within CFD 2020-1. For Undeveloped Property, “Proportionately” means that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Undeveloped Property within CFD 2020-1. “Public Property” means any property within the boundaries of CFD 2020-1 owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public or private road right-of-way making the property unusable for any other purpose has been granted to the federal government, the State of California, the County, the City, or any local government or other public agency.
“Single Family Attached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit was issued for construction of a residential structure consisting of two or more Units that share common walls, have separate Assessor’s Parcel Numbers assigned to them (except for a duplex triplex, or fourplex unit, which may share a Parcel with another duplex, triplex or fourplex Unit(s)), and may be purchased by individual homebuyers (which shall still be the case even if the Units are purchased and subsequently offered for rent by the owner of the Unit), including such residential structures that meet the statutory definition of a condominium project contained in Civil Code Section 4125, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Single Family Detached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a Unit that does not share a common wall with another Unit, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Special Tax” means the amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “Tax Escalation Factor” means a factor equal to the annual change in the April to April Riverside-San Bernardino-Ontario CPI-U Index up to a maximum factor of 5% that will be applied annually after Fiscal Year 2020/21 to increase the Maximum Special Tax rates shown in Section III.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All of the Taxable Property within CFD 2020-1 at the time of its formation is within Tax Zone No. 1.

Additional Tax Zones may be created when property is annexed to CFD 2020-1, and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD 2020-1 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation.

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“Taxable Property” means all Parcels within the boundary of CFD 2020-1 that are not Exempt Property, or exempt from the Special Tax pursuant to the Act or Section V below. “Undeveloped Property” means all Parcels of Taxable Property that are not Developed Property.
“Unit” means any individual single family detached or attached home, townhome, condominium, apartment, or other residential dwelling unit, including each separate living area within a half-plex, duplex, triplex, fourplex, or other residential structure. An Accessory Dwelling Unit that shares a Parcel with a Unit of Single Family Detached Property, Single Family Attached Property shall not be considered a separate Unit for purposes of calculating the Special Tax.
“Welfare Exempt Property” means all Parcels within the boundaries of CFD 2020-1 that have been granted a welfare exemption pursuant to Section 53340 (c) under the Act under subdivision (g) of Section 214 of the Revenue and Taxation Code by the County.

II. DETERMINATION OF TAXABLE PARCELS
On or about July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD 2020-1. If any Assessor’s Parcel Numbers are no longer valid from the previous Fiscal Year, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers that are in effect for the current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated or otherwise reconfigured, the Maximum Special Tax rates shall be assigned to the new Assessor’s Parcels pursuant to Section III. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units each Parcel contains; (iv) the property type, i.e. Single Family Detached Property, etc; and (iv) the Annual Special Tax Requirement for the Fiscal Year.

III. SPECIAL TAX - METHOD OF APPORTIONMENT
All Taxable Property shall be subject to a Special Tax defined as follows.

The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD 2020-1 by the method shown below.

First. Determine the Annual Special Tax Requirement.

Second. Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the Maximum Special Tax described in the table below to satisfy the Annual Special Tax Requirement.

Third. If additional monies are needed to satisfy the Annual Special Tax Requirement after the first step has been completed, the Special Tax shall

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be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped Property.

Under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2020-1.

TABLE 1
SPECIAL TAX RATES – TAX ZONE NO. 1
FISCAL YEAR 2020/21*
Property Type
Special Tax
Rate Per
Expected
Special Tax
Revenue
Commercial Property $1,585.20 Acre $13,601.00
Undeveloped Property $1,585.20 Acre $13,601.00
*On each July 1, commencing on July 1, 2021, the Maximum Special Tax Rate and Expected Special Tax Revenue for
each Tax Zone shall be increased by the Tax Escalation
Factor.

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TABLE 2
CONTINGENT SPECIAL TAX RATES – TAX ZONE NO. 1
FISCAL YEAR 2020/21*
Property Type
Contingent
Special Tax
Rate
Per
Expected
Contingent
Special Tax
Revenue
Commercial Property $5,406.45 Acre $46,387.30
Undeveloped Property $5,406.45 Acre $46,387.30
*On each July 1, commencing on July 1, 2021, the Maximum Special Tax Rate and Expected Contingent Special Tax
Revenue for each Tax Zone shall be increased by the Tax Escalation Factor.

Maximum Special Taxes
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within each Tax Zone shall be the greater of the Special Tax as show in Table 1 or the Backup Special Tax.

The Maximum Contingent Special Tax for each Assessor’s Parcel of Taxable Property within each Tax Zone shall be the greater of the Contingent Special Tax as show in Table 2 or the Backup Contingent Special Tax.

Backup Special Taxes
The Backup Special Tax for each Assessor’s Parcel of Taxable Property within each Tax Zone shall be the rate per Acre that results in the Expected Special Tax Revenue for each Tax Zone.

The Backup Contingent Special Tax for each Assessor’s Parcel of Taxable Property within each Tax Zone shall be the rate per Acre that results in the Expected Contingent Special Tax Revenue for each Tax Zone.

A different Maximum Special Tax rate may be identified in Tax Zones added to CFD 2020- 1 as a result of future annexations.

In some instances, an Assessor’s Parcel of Developed Property may contain more than one type of property. The Maximum Special Taxes levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes for all Units located on that Assessor’s Parcel.

IV. FORMULA FOR PREPAYMENT OF SPECIAL TAX OBLIGATIONS
The Special Tax may not be prepaid.

3.A.9.a
Packet Pg. 217 Attachment: Resolution No. 3972 - CFD 2020-1 Annex. No. 10 Resolution of Intention (CFD 2020-1 Annexation 10 - Monte Vista Homes) Resolution No. 3972
C-9
V. 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 53317.3 and 53317.5 of the Act.

Additionally, Welfare Exempt Property, shall be reimbursed for Special Tax levied and paid. A property owner must provide documentation of the exemption within one calendar year after having paid the Special Taxes for which an exemption has been granted. A refund of the amount of Special Taxes paid for the Fiscal Year the exemption has been granted will be provided to the owner of Welfare Exempt Property who was granted the exemption.

VI. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document shall be at the City’s 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.

VII. 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 2020-1, and may collect delinquent Special Taxes through foreclosure or other available methods.

A Special Tax shall continue to be levied and collected within CFD 2020-1, as needed to fund the Annual Special Tax Requirement, in perpetuity.

VIII. APPEAL OF SPECIAL TAX LEVY
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 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 the 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 its determination.

3.A.9.a
Packet Pg. 218 Attachment: Resolution No. 3972 - CFD 2020-1 Annex. No. 10 Resolution of Intention (CFD 2020-1 Annexation 10 - Monte Vista Homes) Resolution No. 3972
C-10
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 years’ 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.

3.A.9.a
Packet Pg. 219 Attachment: Resolution No. 3972 - CFD 2020-1 Annex. No. 10 Resolution of Intention (CFD 2020-1 Annexation 10 - Monte Vista Homes) Resolution No. 3972
C-11

CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1
ATTACHMENT 1

SPECIAL TAX RATES
Tax
Zone APNs
Base
Year* Rate
Expected
Special Tax
Revenue
11 436-450-016 2023/24 $215.00/Unit (Single Family
Detached Property)
$7,740.00
* On each July 1, commencing on July 1 of the Base Year, the Maximum Special Tax Rate and Expected Special Tax Revenue for each Tax Zone shall be increased by the Tax Escalation Factor.

CONTINGENT SPECIAL TAX RATES
Tax
Zone APNs
Base
Year* Rate
Expected
Contingent
Special Tax
Revenue
11 436-450-016 2023/24 $636.00/Unit (Single Family
Detached Property) $22,896.00
* On each July 1, commencing on July 1 of the Base Year, the Maximum Special Tax Rate and Expected Contingent Special Tax Revenue for each Tax Zone shall be increased by the Tax Escalation Factor.

3.A.9.a
Packet Pg. 220 Attachment: Resolution No. 3972 - CFD 2020-1 Annex. No. 10 Resolution of Intention (CFD 2020-1 Annexation 10 - Monte Vista Homes) ANNEXATION MAP NO. 10 OF

CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1
ANNEXATION NO. 10 (TAX ZONE NO. 11)
FILEDINTHEOFFICEOFTHECITYCLER KOFTHECITYOFSANJACINTO THIS_ _ _ _ _ _ _ _ DAYOF_ _ _ _ _ _ _ _ _ _ _ _ , 20_ _ _ _ .
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MOUNTA

3.A.9.b
IN AVE
Attachment: CFD 2020-1 Annex 10 (Monte Vista) (CFD 2020-1 Annexation 10 - Monte Vista Homes) June 6, 2023
TO: City Council
REQUESTED BY: Stuart McKibbin, City Engineer
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: SB1 – Resolution No. 3983, Adopting Fiscal Year 2023/24 Road Maintenance and Rehabilitation Accou
RECOMMENDATION:

Staff recommends that the city council adopt Resolution No. 3983, approving the list of projects using SB-1 Road Maintenance and Rehabilitation Account (RMRA) funding for Fiscal Year 2023/24.

DISCUSSION:

On April 28, 2017, the Governor signed Senate Bill 1 (SB-1), the Road Repair and Accountability Act of 2017, to address transportation funding shortfalls statewide, establishing the Road Maintenance and Rehabilitation Account in the State Transportation Fund.

As part of the SB-1, the Road Repair and Accountability Act, the local agencies are required to provide Caltrans and the California Transportation Commission with a listing of proposed projects planned for the upcoming fiscal year. The listing of projects must include a project description, location/project limits, schedule, and estimated useful life and must be adopted through a Resolution approved by the City Council at a public meeting.

The forecasted SB-1 RMRA funding for Fiscal Year 2023/24 (7th year of SB-1 funding) for San Jacinto is $1,349,552. Based on this funding forecast, the Engineering Department has prepared the attached Resolution No. 3983 that reflects the City’s top priorities and/or planned improvements for FY 2023/24, in compliance with SB-1 mandate that states pavement rehabilitation must be prioritized until the local agency can bring up the pavement condition to a state of good condition, which is a Pavement Condition Index rating of 71-100.

According to the California Statewide Local Streets and Roads Needs Assessment 2020, the City of San Jacinto Pavement Condition Index rating of 50- 60 is at higher risk.

The local agencies are also required to provide a status report on the prior year projects adopted by the City Council by December 1 of each year. The Engineering Department is responsible for complying with all the reporting

3.A.10
Packet Pg. 222
requirements and will submit the status report for FY 2022/23 by December 1, 2023.

Based on the SB-1 requirements, the City Engineering Department has prepared the SB 1 RMRA Resolution No. 3983, recommending the following new project for implementation in Fiscal Year 2023/24:

Project Title: State Street Pavement Rehabilitation (Seventh Street to Idyllwild Drive) (CIP # 24-001)
Project Description: Pavement Rehabilitation
Project Location: 7100-foot segment of State Street between Seventh Street and Idyllwild Drive
Estimated Project Schedule: Construction anticipated June 2024 and completed August 2024
Estimated Project Useful Life: 12 years
Projects carried over from Fiscal Year 2022/23 to FY 2023/24:

Project Title: Mountain Avenue Pavement Rehabilitation, Ramona Expressway and Vernon Avenue Street Improvements (CIP #12-008)
Project Description: Pavement Rehabilitation
Project Location: Mountain Avenue from Seventh St. to Esplanade Ave., ½ mile stretch of Ramona Expressway east of Warren, and Vernon Ave from Artesia St. to 3rd St.

Estimate Project Schedule: Started October 2022 – Completion estimated August 2023
Estimated Project Useful Life: 10 years
Project Title: San Jacinto Street Pavement and Sidewalk Improvement Project (CIP # 21-006, formerly known as Artesia Avenue Pavement Rehabilitation & Sidewalk Improvements)
Project Description: Pavement Rehabilitation and Sidewalk Improvements Project Location: Artesia Avenue from Camino Los Baños to N. Jordan Ave.

Estimated Project Schedule: Construction started in May 2022; completion by August 2023.

Estimated Project Useful Life: 10 years
Project Title: Pavement Management System (CIP # CP-004) Project Description: Creation of the City’s Pavement Management System Project Location: Citywide
Estimated Project Schedule: December 2022
Estimated Project Useful Life: On-going updates after pavement management completion

3.A.10
Packet Pg. 223
Project Title: ADA Transition Plan (CIP # CP-005)
Project Description: Survey and Recommendations for City Facilities to meet ADA criteria Project Location: Citywide
Estimated Project Schedule: Second phase to be completed by December 2024 Estimated Project Useful Life: On-going updates after ADA facility survey FISCAL IMPACT:

There is no fiscal impact at this time.

ATTACHMENTS:

SB1 RMRA FY 2023/24 Resolution No. 3983
ATTACHMENTS:

Resolution No. 3983 - San Jacinto FY23-24 SB 1 Project List

3.A.10
Packet Pg. 224
Resolution No. 3983

RESOLUTION NO. 3983

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )
Resolution Adopting a list of projects for Fiscal Year
2023-24 funded by SB 1:The Road Repair and
Accountability Act of 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City of San Jacinto are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of San Jacinto must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of San Jacinto, will receive an estimated $1,349,552 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the seventh year in which the City of San Jacinto is receiving SB 1 funding and will enable the City of San Jacinto to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City of San Jacinto has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City of San Jacinto used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority

3.A.10.a
Packet Pg. 225 Attachment: Resolution No. 3983 - San Jacinto FY23-24 SB 1 Project List (SB1 – Resolution No. 3983, Adopting Fiscal Year 2023/24 Road Resolution No. 3983

and cost-effective projects that also meet the community’s priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City of San Jacinto maintain and rehabilitate high priority corridors and local roads throughout the City of San Jacinto this year and additional similar projects into the future; and WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City of San Jacinto’s streets and roads are at “high-risk” condition (Pavement Condition Index 50-60) and the SB1 RMRA revenues will help the City of San Jacinto increase the overall quality of its road system to a “good” condition (Pavement Condition Index 71-100) over the next decade; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices, will have significant positive impacts locally, regionally, and statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED, AND FOUND by the San Jacinto City Council, State of California, as follows:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The following list of newly proposed projects will be funded in part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:
 Project Title: State Street Pavement Rehabilitation (Seventh Street to Idyllwild Drive) (CIP # 24-001)
 Project Description: Pavement Rehabilitation
 Project Location: 7100-foot segment of State Street between Seventh Street and Idyllwild Drive
 Estimated Project Schedule: Construction anticipated June 2024 and completed August 2024
 Estimated Project Useful Life: 12 years
SECTION 3. The following previously proposed and adopted projects may also utilize Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City of San Jacinto is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

3.A.10.a
Packet Pg. 226 Attachment: Resolution No. 3983 - San Jacinto FY23-24 SB 1 Project List (SB1 – Resolution No. 3983, Adopting Fiscal Year 2023/24 Road Resolution No. 3983

 Project Title: Ramona Expressway Rehabilitation (CIP # 21- 001)
 Project Description: Pavement Rehabilitation
 Project Location: East Bound Ramona Expressway, 200’ East of Warren Road to west city limits
 Estimated Project Schedule: Started construction Oct 2022, anticipated completion August 2023
 Estimate Project Useful Life: 10 years
 Project Title: Mountain Avenue Rehabilitation (CIP #12-008)  Project Description: Pavement Rehabilitation
 Project Location: Mountain Avenue from Seventh St. to Esplanade Ave.
 Estimate Project Schedule: Started October 2022 –
Completion estimated August 2023
 Estimated Project Useful Life: 10 years
 Project Title: San Jacinto Street Pavement and Sidewalk Improvement Project (CIP # 21-006 formerly known as
Artesia Avenue Pavement Rehabilitation & Sidewalk
Improvements)
 Project Description: Pavement Rehabilitation and Sidewalk Improvements
 Project Location: Artesia Avenue from Camino Los Baños to N. Jordan Ave.
 Estimated Project Schedule: Construction started in May 2022; completion by August 2023.
 Estimated Project Useful Life: 10 years
 Project Title: Pavement Management System (CIP # CP-004)  Project Description: Creation of the City’s Pavement
Management System
 Project Location: Citywide
 Estimated Project Schedule: December 2023
 Estimated Project Useful Life: On-going updates after pavement management completion

3.A.10.a
Packet Pg. 227 Attachment: Resolution No. 3983 - San Jacinto FY23-24 SB 1 Project List (SB1 – Resolution No. 3983, Adopting Fiscal Year 2023/24 Road Resolution No. 3983

SECTION 4. This Resolution shall take effect upon its adoption.

PASSED, APPROVED, and ADOPTED this 6
th day of June 2023, by the following
vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
______________________________
Alonso Ledezma, Mayor
ATTEST:

Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER, LLP.
______________________________
Craig Hayes, City Attorney

3.A.10.a
Packet Pg. 228 Attachment: Resolution No. 3983 - San Jacinto FY23-24 SB 1 Project List (SB1 – Resolution No. 3983, Adopting Fiscal Year 2023/24 Road Resolution No. 3983

CERTIFICATION

STATE OF CALIFORNIA)

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. 3983 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 6 th day of June 2023.

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 6th day of June 2023. ______________________________
Julia Espinoza, City Clerk
City of San Jacinto

3.A.10.a
Packet Pg. 229 Attachment: Resolution No. 3983 - San Jacinto FY23-24 SB 1 Project List (SB1 – Resolution No. 3983, Adopting Fiscal Year 2023/24 Road June 6, 2023
TO: City Council
REQUESTED BY: Julia Espinoza, City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Resolution No. 3984 - AB 742
RECOMMENDATION:

Staff recommends that the City Council approve Resolution No. 3984, opposing Assembly Bill 742, concerning a ban on the use of police canines.

ATTACHMENTS:

Resolution No. 3984 - AB 742

3.A.11
Packet Pg. 230
Resolution No. 3984

STATE OF CALIFORNIA) RESOLUTION NO. 3984
COUNTY OF RIVERSIDE)ss

CITY OF SAN JACINTO)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO, CALIFORNIA, OPPOSING ASSEMBLY
BILL 742 CONCERNING A BAN ON THE USE OF POLICE

CANINES
WHEREAS, the City of San Jacinto, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, Assemblyman Corey Jackson (D-Moreno Valley) introduced California Assembly Bill (“AB”) 742 (as amended on May 18, 2023), which, if adopted, would prohibit the use of police canine units for apprehension and crowd control, as specified in the bill; and
WHEREAS, AB 742 would also prohibit a law enforcement agency from using or training a police canine in any manner inconsistent with the bill; and WHEREAS, canines play an irreplaceable role in public safety both towards the protection of the public and officers; and
WHEREAS, canines can alert officers to hidden threats that otherwise would have been concealed through their incredible senses of smell and hearing; and WHEREAS, statistics consistently show canine deployments result in compliance and/or surrender of a suspect in over 90% of cases, and multiple court decisions have argued against defining canines as deadly force, as they do not pose a substantial risk to death or serious bodily injury; and
WHEREAS, the City promotes an acute understanding of the importance of deescalation techniques and advocates for effective de-escalation tools, including the use and presence of police canines in appropriate situations; and WHEREAS, police canine teams, which train constantly, constitute an invaluable non-lethal law enforcement tool and is the only method of force that can be recalled after being deployed; and
WHEREAS, the City understands the incredible value of police canines and the invaluable non-lethal force option police canines provide for police officers in dangerous situations; and
WHEREAS, police canines are a vital tool in getting suspects to surrender, and the unintended consequence of AB 742 will lead to law enforcement having to deploy a

3.A.11.a
Packet Pg. 231 Attachment: Resolution No. 3984 - AB 742 (Resolution No. 3984 - AB 742) Resolution No. 3984

higher level of force because it eliminates yet another less lethal option for the use of force.

NOW, THEREFORE, the City Council of the City of San Jacinto hereby finds, determines, and resolves as follows:

SECTION 1. The recitals set forth above are true and correct and are incorporated into this resolution by this reference.

SECTION 2. That the Mayor and City Council hereby express their opposition to AB 742.

SECTION 3. This Resolution shall be effective as of the date of adoption. The Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 6
th day of June 2023, by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:

CITY OF SAN JACINTO:
________________________
Alonso Ledezma, Mayor
ATTEST:
_________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER LLP
____________________________
Craig Hayes, City Attorney

3.A.11.a
Packet Pg. 232 Attachment: Resolution No. 3984 - AB 742 (Resolution No. 3984 - AB 742) Resolution No. 3984

CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO)
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3984 was passed, approved, and adopted by the Regular Meeting of the San Jacinto City Council held on the 6th day of June 2023, by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:

WITNESS MY HAND AND OFFICIAL SEAL this 6th day of June 2023 _____________________________
Julia Espinoza, City Clerk

3.A.11.a
Packet Pg. 233 Attachment: Resolution No. 3984 - AB 742 (Resolution No. 3984 - AB 742) June 6, 2023
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: CFD 2020-1 Annex 8 Public Hearing - Esplanade Commons

RECOMMENDATION
Staff recommends that the City Council:

1. HOLD the Public Hearing related to the Annexation of Territory into CFD 2020-1.

2. ADOPT Resolution No. 3975, calling a Special Election and authorizing the annexation of territory into CFD 2020-1 and the levy of a Special Tax, and submitting the levy of Special Tax to the Qualified Electors.

3. CALL upon the City Clerk to conduct the Special Annexation Landowner Election.

4. ADOPT Resolution No. 3976, declaring the results of a Special Annexation Landowner Election and directing the recording of an amended Notice of Special Tax Lien.

5. INTRODUCE Ordinance No. 23-03, levying a Special Tax within CFD 2020-1, including Annexation No. 8, for a first reading:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO

AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY

FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION
TERRITORY IDENTIFIED AS ANNEXATION NO. 8 (TAX ZONE NO. 9), INTO SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1.

DISCUSSION:

The City Council and Planning Commission have identified the need for a financing mechanism for maintenance and services on improvements related to new development within the City. In response to the need for additional funding for such maintenance and services, the City Council formed Community Facilities District 2020-1 (the "CFD") and approved the levy of special taxes therein. The CFD provides funding for services including, but not limited to, the maintenance of landscaped areas, parkways, and median improvements throughout the CFD, and the maintenance and servicing of streetlights, traffic signals, and appurtenant facilities (the "Services"). The Rate and Method of Apportionment ("RMA") of the CFD defines multiple types of property that may be levied a special tax and utilizes tax zones to allow future

4.1 Packet Pg. 234
development to annex to the CFD rather than forming a new CFD for each new development.

The RMA also defines a Contingent Special Tax, which would be levied only if the developer failed to perform landscape maintenance to the City's standards.

The City will utilize the CFD as a tool to tax new development for the direct costs associated with the Services. The use of the CFD provides additional funds to mitigate the added cost of providing the Services to new development. Based upon a petition from the property owner, the City Council declared its intention to annex this territory – commonly known as the site of Esplanade Commons’ new commercial development located at the northwest corner of W Esplanade Ave and S Sanderson Ave – into CFD 2020-1 by adopting Resolution 3970 at their meeting of May 2, 2023, which also established the Public Hearing date to tonight.

The City Clerk has received the ballots necessary to declare the results of the Special Election.

FISCAL IMPACT:

The annexation of territory into the CFD will assist in mitigating the cost of providing the Services. In Fiscal Year 2023/2024, it is anticipated that the CFD will collect $32,823.06 in special tax revenue based upon full project buildout and, if applicable, $13,450.41 in Contingent Special Tax revenue.

ATTACHMENTS:

Resolution No. 3975 - CFD 2020-1 Annex. No. 8 Resolution Calling Election Resolution No. 3976 - CFD 2020-1 Annex. No. 8 Resolution Declaring Results Ordinance No. 23-03 - CFD 2020-1 Annex. No. 8

4.1 Packet Pg. 235
Resolution No. 3975

RESOLUTION NO. 3975

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO)

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO CALLING SPECIAL ELECTION AND

SUBMITTING TO THE QUALIFIED ELECTORS OF

TERRITORY PROPOSED TO BE ANNEXED TO SAN
JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1

THE QUESTION OF LEVYING SPECIAL TAXES WITHIN
THAT TERRITORY (ANNEXATION NO. 8 TO CFD 2020-1
(TAX ZONE NO. 9))
WHEREAS, the City Council (the “City Council”) of the City of San Jacinto (the “City”) has heretofore conducted proceedings for the establishment of and has established San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California (the “District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” (the “Act”) to annex territory to the District by complying with the procedures set forth in said Article 3.5; and
WHEREAS, on May 2, 2023, the City Council adopted Resolution No. 3970, a resolution of intention to annex territory to the District pursuant to Section 53339.2 of the California Government Code, determining that the public convenience and necessity require that certain property, consisting of approximately 1.99 acres, be annexed to the District and containing all of the matters prescribed by Section 53339.3 of said Code, and fixing 6:30 p.m., or as soon thereafter as the matter may be heard, on June 6, 2023, in the San Jacinto Community Center, located at 625 S. Pico Avenue, San Jacinto, California, as the time and place for a hearing upon said resolution; and WHEREAS, pursuant to said resolution, the City Clerk has published and mailed notice of the time and place of said hearing as required by Section 53339.4 of said Code; and

4.1.a
Packet Pg. 236 Attachment: Resolution No. 3975 - CFD 2020-1 Annex. No. 8 Resolution Calling Election (CFD 2020-1 Annex 8 Public Hearing - Esplanade Resolution No. 3975

WHEREAS, on June 6, 2023, at the time and place of said hearing, the City Council afforded all interested persons for or against the annexation of said property to the District an opportunity to present testimony and to protest against the proposed annexation of said property to the District, and no protests, either oral or in writing, were received; and
WHEREAS, pursuant to Section 53339.7 of said Code, the City Council may now submit the question of levying a special tax within the territory proposed to be annexed to the District to the qualified electors within that territory.

NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, as follows:

Section 1. Findings. The City Council finds that: (i) the foregoing recitals are correct; (ii) less than 12 persons have been registered to vote within the territory proposed to be annexed to the District during the 90 days preceding the close of the public hearing held on June 6, 2023, and no persons are registered to vote therein; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the territory proposed to be annexed to the District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within said territory which would be subject to the proposed special taxes if they were levied at the time of the election; and (iv) pursuant to said Section 53326, the special election must be held at least 90 days, but not more than 180 days following the date of the adoption of this resolution, unless such time periods are waived with the unanimous waiver of the qualified electors. All of the qualified electors in the territory to be annexed waived the time limits and election formalities of the special election.

Section 2. Special Election. A special election is called for and shall be held on June 6, 2023, for the purpose of submitting to the qualified electors of the territory proposed to be annexed to the District the question of whether special taxes shall annually be levied within said territory to pay the costs of (a) the maintenance of landscaped areas, parkways and medians improvements throughout the District and public rights-of-way, including, but not limited to, street trees, fencing, irrigation systems, sidewalks, drainage systems, graffiti removal, replacement, furnishing of water, electric current or energy, gas, or other illuminating agent for the operation of any improvement within the District; and (b) the maintenance and servicing of streetlights, traffic signals and appurtenant facilities, including, but not limited to furnishing of electric current, materials, contracted services, and the necessary maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition; and (c) any other services authorized under the Mello-Roos Community Facilities Act of 1982, the costs associated with the determination of the amount of and levy and collection of special taxes which will

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Packet Pg. 237 Attachment: Resolution No. 3975 - CFD 2020-1 Annex. No. 8 Resolution Calling Election (CFD 2020-1 Annex 8 Public Hearing - Esplanade Resolution No. 3975

be levied to provide the services, and costs otherwise incurred in order to carry out the authorized purposes of the District pursuant to the Rates and Method of Apportionment of the Special Taxes, attached as Exhibit "C" to Resolution No. 3970.

Section 3. Ballot Proposition. The proposition to be submitted on June 6, 2023, to the qualified electors of the territory proposed to be annexed to the District shall be as follows:

Proposition A
Shall Proposition A authorizing the annual levy of special taxes on taxable property in the territory proposed to be annexed to San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California, to pay the costs of services to be provided for (a) the maintenance of landscaped areas, parkways and medians improvements throughout the District and public rights-ofway, including, but not limited to, street trees, fencing, irrigation systems, sidewalks, drainage systems, graffiti removal, replacement, furnishing of water, electric current or energy, gas, or other illuminating agent for the operation of any improvement within the District; and (b) the maintenance and servicing of streetlights, traffic signals and appurtenant facilities, including, but not limited to furnishing of electric current, materials, contracted services, and the necessary maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition; and (c) any other services authorized under the Mello-Roos Community Facilities Act of 1982, and to pay costs associated with the determination of the amount of and the levy and collection of the special taxes at the special tax rates as set forth in Exhibit “C” to Resolution No. 3970 be approved?
Section 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk (the "City Clerk") pursuant to the provisions of the California Elections Code governing elections of cities, and the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable.

Section 5. Election Procedures. The procedures to be followed in conducting said election shall be as follows:
(a) Pursuant to Section 53326 of the California Government Code, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service. (b) Pursuant to applicable sections of the aforementioned provisions of the California Elections Code governing the conduct of mail ballot elections, including in particular Division 4 (commencing with Section 4000) of said Code, the City Clerk shall mail or deliver to each qualified elector an official ballot in the form attached hereto as

4.1.a
Packet Pg. 238 Attachment: Resolution No. 3975 - CFD 2020-1 Annex. No. 8 Resolution Calling Election (CFD 2020-1 Annex 8 Public Hearing - Esplanade Resolution No. 3975

Exhibit "A” and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of Resolution No. 3970.
(c) The official ballot to be mailed by the City Clerk to each landownervoter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landownervoter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within the District.
(d) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: the name of the landowner, the address of the landowner, a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, the printed name and signature of the voter, the address of the voter, the date of signing and place of execution of said declaration, and a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The information-to-voter form to be mailed by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 o'clock p.m. on the date of the election. (f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council as to the results of such canvass and the election on the proposition set forth in the official ballot.

4.1.a
Packet Pg. 239 Attachment: Resolution No. 3975 - CFD 2020-1 Annex. No. 8 Resolution Calling Election (CFD 2020-1 Annex 8 Public Hearing - Esplanade Resolution No. 3975

PASSED, APPROVED, and ADOPTED this 6th day of June 2023, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
______________________
Alonso Ledezma, Mayor
ATTEST:

Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER, LLP.
______________________________
Craig Hayes, City Attorney

4.1.a
Packet Pg. 240 Attachment: Resolution No. 3975 - CFD 2020-1 Annex. No. 8 Resolution Calling Election (CFD 2020-1 Annex 8 Public Hearing - Esplanade Resolution No. 3975

CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO)
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3975 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 6 th day of June 2023.

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 6th day of June 2023. ________________________________
Julia Espinoza, City Clerk
City of San Jacinto

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Packet Pg. 241 Attachment: Resolution No. 3975 - CFD 2020-1 Annex. No. 8 Resolution Calling Election (CFD 2020-1 Annex 8 Public Hearing - Esplanade Resolution No. 3975

EXHIBIT “A”

OFFICIAL BALLOT

SPECIAL ELECTION FOR CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
June 6, 2023
To vote, mark a cross (+ or X) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of San Jacinto and obtain another.

PROPOSITION A: Shall Proposition A
authorizing the annual levy of special taxes on
taxable property in the territory proposed to be
annexed to San Jacinto Community Facilities
District No. 2020-1, County of Riverside, State of
California, to pay the costs of services to be
provided for (a) the maintenance of landscaped
areas, parkways and medians improvements
throughout the District and public rights-of-way,
including, but not limited to, street trees, fencing,
irrigation systems, sidewalks, drainage systems,
graffiti removal, replacement, furnishing of water,
electric current or energy, gas, or other
illuminating agent for the operation of any
improvement within the District; and (b) the
maintenance and servicing of streetlights, traffic
signals and appurtenant facilities, including, but
not limited to furnishing of electric current,
materials, contracted services, and the
necessary maintenance, replacement, and
repair required to keep the improvements in
operational and satisfactory condition; and (c)
any other services authorized under the MelloRoos Community Facilities Act of 1982, and to pay costs associated with the determination of
the amount of and the levy and collection of the
special taxes at the special tax rates as set forth
in Exhibit “C” to Resolution No. 3970 be
approved?
Y
YES
N
NO

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Packet Pg. 242 Attachment: Resolution No. 3975 - CFD 2020-1 Annex. No. 8 Resolution Calling Election (CFD 2020-1 Annex 8 Public Hearing - Esplanade Resolution No. 3976

RESOLUTION NO. 3976

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO)

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO DECLARING THE RESULTS OF THE

SPECIAL ELECTION FOR SAN JACINTO COMMUNITY
FACILITIES DISTRICT NO. 2020-1 ON THE PROPOSITION

OF THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE

TERRITORY PROPOSED TO BE ANNEXED TO SAID

COMMUNITY FACILITIES DISTRICT TO PAY THE COSTS

OF CERTAIN SERVICES TO BE PROVIDED BY THE

COMMUNITY FACILITIES DISTRICT, DETERMINING THAT

THE TERRITORY PROPOSED TO BE ANNEXED IS

ADDED TO AND PART OF SAID COMMUNITY FACILITIES

DISTRICT WITH FULL LEGAL EFFECT AND ORDERING

THE RECORDING OF A MAP OF THE BOUNDARIES OF

SAID COMMUNITY FACILITIES DISTRICT INCLUDING

THE TERRITORY ANNEXED THERETO (ANNEXATION
NO. 8 TO CFD 2020-1 (TAX ZONE NO. 9))
WHEREAS, the City Council (the “City Council”) of the City of San Jacinto (the “City”) has heretofore conducted proceedings for the annexation of approximately

1.99 acres of land to San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California (the “District”) including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for June 6, 2023, and submitting to the qualified electors of the territory to be annexed to the District the question of levying special taxes within that territory to pay the costs of (a) the maintenance of landscaped areas, parkways and medians improvements throughout the District and public rights-ofway, including, but not limited to, street trees, fencing, irrigation systems, sidewalks, drainage systems, graffiti removal, replacement, furnishing of water, electric current or energy, gas, or other illuminating agent for the operation of any improvement within the District; and (b) the maintenance and servicing of street lights, traffic signals and appurtenance facilities, including, but not limited to, furnishing of electric current, materials, contracted services, and the necessary maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition; and (c) any

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Packet Pg. 243 Attachment: Resolution No. 3976 - CFD 2020-1 Annex. No. 8 Resolution Declaring Results (CFD 2020-1 Annex 8 Public Hearing - Esplanade Resolution No. 3976

other services authorized under the Mello-Roos Community Facilities Act of 1982; and the costs associated with the determination of the amount of and levy and collection of special taxes which will be levied to provide the services and costs otherwise incurred in order to carry out the authorized purposes of the District (the "Election Resolution"); and WHEREAS, the City Council has received a statement from the City Clerk (the "City Clerk"), who, pursuant to the Election Resolution, was authorized to conduct such special election and act as the election official therefore, with respect to the canvass of the ballots returned in and the results of said special election, certifying that at least two-thirds of the votes cast upon the proposition submitted to the qualified electors in said special election were in favor of such proposition.

NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of San Jacinto, as follows:

Section 1. Recitals. The above recitals are true and correct and are hereby incorporated into this resolution.

Section 2. Findings. The City Council finds that: (i) there are no registered voters residing within the territory proposed to be annexed to the District (the "Territory") at the time of the close of the public hearing on June 6, 2023, and pursuant to Section 53326 of the Government Code, the vote in said special election was, therefore, to be by the landowners owning land within the Territory, with each landowner having one vote for each acre or portion thereof of land that he or she owned within the Territory; (ii) pursuant to said Section 53326 and the Election Resolution, the City Clerk caused to be delivered an official ballot for the special election to the owner of the land within the Territory, with return postage prepaid; (iii) said special election has been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution; (iv) pursuant to said Section 53326, ESPLANADE COMMONS and 1448 SANDERSON LLC, the owners of all the land within the Territory, were entitled to two (2) votes; (v) said landowners returned its ballots to the City Clerk prior to the time set by the City Clerk for the close of the election on June 6, 2023; (vi) the ballots returned to the City Clerk by said landowners voted all votes of said landowners in favor of the proposition set forth therein; (vii) at least two-thirds of the votes cast in such special election on said proposition were in favor thereof, and pursuant to Sections 53328 and 53329 of the Government Code, said proposition carried; (ix) pursuant to Section 53339.8 of the Government Code, the City Council is authorized to determine that the Territory to be annexed has been added to and become a part of the District with full legal effect; and (x) the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the Territory to pay the costs of the services to be provided by the District.

Section 3. Declaration of Results. At least two-thirds of the votes voted in the special election on the proposition of the annual levy of special taxes within the

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Packet Pg. 244 Attachment: Resolution No. 3976 - CFD 2020-1 Annex. No. 8 Resolution Declaring Results (CFD 2020-1 Annex 8 Public Hearing - Esplanade Resolution No. 3976

Territory to pay the costs of the services to be provided by the District were voted in favor thereof, and such proposition carried.

Section 4. Annexation. The Territory is annexed and added to and is a part of the District with full legal effect, and the City Council shall annually levy special taxes within the Territory at the rates as specified in Resolution No. 3970 adopted by the City Council on May 2, 2023, to pay costs of certain services to be provided by the District.

The boundaries of the Territory are shown on the map entitled, “Annexation Map No. 8, Community Facilities District No. 2020-1 (Tax Zone No. 9) of the City of San Jacinto, County of Riverside, State of California,” which was recorded on May 9, 2023, in the office of the County Recorder of the County of Riverside as Document No. 2023-0132587.

Section 5. Notice. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of Riverside an amendment of the notice of special tax lien and a map of the amended boundaries of the District including the Territory.

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Packet Pg. 245 Attachment: Resolution No. 3976 - CFD 2020-1 Annex. No. 8 Resolution Declaring Results (CFD 2020-1 Annex 8 Public Hearing - Esplanade Resolution No. 3976

PASSED, APPROVED, and ADOPTED this 6th day of June 2023, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
______________________
Alonso Ledezma, Mayor
ATTEST:

Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER, LLP.
______________________________
Craig Hayes, City Attorney

4.1.b
Packet Pg. 246 Attachment: Resolution No. 3976 - CFD 2020-1 Annex. No. 8 Resolution Declaring Results (CFD 2020-1 Annex 8 Public Hearing - Esplanade Resolution No. 3976

CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO)
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3976 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 6 th day of June 2023.

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 6th day of June 2023. ________________________________
Julia Espinoza, City Clerk
City of San Jacinto

4.1.b
Packet Pg. 247 Attachment: Resolution No. 3976 - CFD 2020-1 Annex. No. 8 Resolution Declaring Results (CFD 2020-1 Annex 8 Public Hearing - Esplanade Ordinance No. 23-03

ORDINANCE NO. 23-03

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO)

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO AUTHORIZING THE LEVY OF SPECIAL

TAXES IN A COMMUNITY FACILITIES DISTRICT,

INCLUDING CERTAIN ANNEXATION TERRITORY
IDENTIFIED AS ANNEXATION NO. 8 (TAX ZONE NO. 9),

INTO SAN JACINTO COMMUNITY FACILITIES DISTRICT
NO. 2020-1
WHEREAS, the City Council (the “City Council”) of the City of San Jacinto (the “City”) has established San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California (the “District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the rate and method of apportionment of special tax for the District is set forth in Exhibit “C” to the City Council Resolution No. 3970, which was adopted on May 2, 2023; and
WHEREAS the City has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for the annexation (the “Annexation Territory”), the City Council, on June 6, 2023, adopted a Resolution which declared the results of the special election and determined that the territory proposed to be annexed is added to and part of the District.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO,

CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2020-1, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The foregoing recitals are true and correct.

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Packet Pg. 248 Attachment: Ordinance No. 23-03 - CFD 2020-1 Annex. No. 8 (CFD 2020-1 Annex 8 Public Hearing - Esplanade Commons) Ordinance No. 23-03

Section 2. By the passage of this Ordinance, the City Council hereby authorizes and levies the special tax within the District, including the Annexation Territory, pursuant to the Community Facilities District Law, at the rate and in accordance with the rate and method of apportionment of special tax set forth in Resolution No. 3970, which rate and method is by this reference incorporated herein. The special tax has previously been levied in the original territory of the District beginning in Fiscal Year 2020/21 pursuant to Ordinance No. 20-08 passed and adopted by the City Council on July 7, 2020, and the special tax is hereby levied commencing in Fiscal Year 2022/23 in the District, including the Annexation Territory identified as Annexation No. 8 (Tax Zone No. 9), and in each fiscal year thereafter to pay for the services for the District and the costs of administering the District.

Section 3. The City Manager of the City or designee or employee or consultant of the City is hereby authorized and directed each fiscal year to determine the specific special tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, including the Annexation Territory, in the manner and as provided in Resolution No. 3970.

Section 4. Exemptions from the levy of the special tax shall be as provided in Resolution No. 3970 and the applicable provisions of the Community Facilities District Law. In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in Resolution No. 3970.

Section 5. All of the collections of the special tax shall be used as provided in the Community Facilities District Law and in Resolution No. 3970, including, but not limited to, the payment of the costs of the services, the payment of the costs of the City in administering the District, and the costs of collecting and administering the special tax.

Section 6. The special tax shall be collected in the same manner and at the same time as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the District may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. The City Manager of the City, or his designee, is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of Riverside for Fiscal Year 2022/23 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City.

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Packet Pg. 249 Attachment: Ordinance No. 23-03 - CFD 2020-1 Annex. No. 8 (CFD 2020-1 Annex 8 Public Hearing - Esplanade Commons) Ordinance No. 23-03

Section 7. If, for any reason, any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, including the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the District, including the Annexation Territory, shall not be affected.

Section 8. The Mayor shall sign this Ordinance, and the City Clerk shall cause the same, or a summary of it, to be published immediately after its passage at least once in a newspaper of general circulation for the City.

Section 9. This Ordinance shall take effect 30 days from the date of final passage.

INTRODUCED at a regular meeting of the City Council of the City of San Jacinto held on June 6, 2023.

PASSED, APPROVED, and ADOPTED this 20th day of June 2023, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
______________________
Alonso Ledezma, Mayor
ATTEST:

Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER, LLP.
______________________________
Craig Hayes, City Attorney

4.1.c
Packet Pg. 250 Attachment: Ordinance No. 23-03 - CFD 2020-1 Annex. No. 8 (CFD 2020-1 Annex 8 Public Hearing - Esplanade Commons) Ordinance No. 23-03

CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO)
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Ordinance No. 23-03 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 20th day of June 2023.

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 20th day of June 2023. ________________________________
Julia Espinoza, City Clerk
City of San Jacinto

4.1.c
Packet Pg. 251 Attachment: Ordinance No. 23-03 - CFD 2020-1 Annex. No. 8 (CFD 2020-1 Annex 8 Public Hearing - Esplanade Commons) June 6, 2023
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: CFD 2003-1 Annex 64 Public Hearing - Esplanade Commons RECOMMENDATION:

Staff recommends that the City Council:

1. HOLD the Public Hearing related to the Annexation of Territory into CFD 2003-1.

2. ADOPT Resolution No. 3977, authorizing the annexation of territory to CFD 2003-1 and the levy of a Special Tax, and submitting the levy of Special Tax to the Qualified Electors.

3. CALL upon the City Clerk to conduct the Special Annexation Landowner Election.

4. ADOPT Resolution No. 3978, declaring the results of a Special Annexation Landowner Election and directing the recording of an amended Notice of Special Tax Lien.

5. INTRODUCE Ordinance No. 23-06 for a first reading and levying a Special Tax within CFD 2003-1, including Annexation No. 64:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN

JACINTO LEVYING A SPECIAL TAX WITHIN CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1, INCLUDING CERTAIN

ANNEXATION TERRITORY
DISCUSSION:

The City Council and Planning Commission previously identified the need for additional funding for police protection, fire protection, and suppression services. This includes funding for increased service levels necessitated by new development within the City. In response, the City Council formed Community Facilities District 2003-1 (the "CFD") and approved the levy of special taxes therein.

The City levies a special tax on eligible parcels within the CFD to mitigate the added cost of providing public safety services to new development. Based upon a petition from the property owner(s), the City Council declared its intention to annex this territory – commonly known as the site of Esplanade Commons’ new commercial development located at the northwest corner of W

4.2 Packet Pg. 252
Esplanade Ave and S Sanderson Ave – into CFD 2003-1 by adopting Resolution 3971 at their meeting of May 2, 2023, which also established the Public Hearing date to tonight.

The City Clerk has received the ballots from the property owner(s) necessary to declare the results of the Special Election.

FISCAL IMPACT:

The annexation of territory into CFD 2003-1 will assist in mitigating the cost of providing police protection, fire protection, and suppression services. In the Fiscal Year 2023/2024, it is anticipated that the CFD will collect approximately $2,032.90 in special tax revenue based upon full project buildout.

ATTACHMENTS:

Resolution No. 3977 - CFD 2003-1 Annex. No. 64 Resolution Calling Election Resolution No. 3978 - CFD 2003-1 Annex. No. 64 Resolution Declaring Results Ordinance No. 23-06 - CFD 2003-1 Annex. No. 64

4.2 Packet Pg. 253
Resolution No. 3977

RESOLUTION NO. 3977

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO)

A RESOLUTION OF THE CITY COUNCIL OF SAN JACINTO,

AUTHORIZING THE ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2003-1,

AUTHORIZING THE LEVY OF A SPECIAL TAX AND

SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED

ELECTORS
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 64
RESOLVED by the City Council (the “Council”) of the City of San Jacinto (the “City”), County of Riverside, State of California, that:

WHEREAS, on May 2, 2023, the Council adopted Resolution No. 3971 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 to Annex”), stating its intention to annex certain territory into Community Facilities District No. 2003-1 (the “CFD”) pursuant to the Mello Roos Community Facilities Act of 1982, Section 53311, and following of the California Government Code (the “Act”); and
WHEREAS, a copy of the Resolution of Intention to Annex, incorporating a description and map of the proposed boundaries of the annexation territory (the “Annexation No. 64”), stating the services to be provided, and the rate and method of special tax to be levied within the Annexation No. 64 to pay for the services, is on file with the City Clerk, and the provisions thereof are fully incorporated herein by reference; and WHEREAS, on the date hereof, the Council held a noticed public hearing as required by the Act and the Resolution of Intention to Annex relative to the proposed annexation of territory to the CFD and the levy of special taxes in the Annexation No. 64; and
WHEREAS, at such hearing all interested persons desiring to be heard on all matters pertaining to the Annexation No. 64 to the CFD and the levy of special taxes within the Annexation No. 64 were heard and a full and fair hearing was held; and WHEREAS, prior to the time fixed for the hearing, written protests have not been filed against the proposed annexation of territory to the CFD by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the existing CFD; or (ii) 50% or more of the registered voters, or six registered voters, whichever is more,

4.2.a
Packet Pg. 254 Attachment: Resolution No. 3977 - CFD 2003-1 Annex. No. 64 Resolution Calling Election (CFD 2003-1 Annex 64 Public Hearing - Esplanade Resolution No. 3977

residing in the territory proposed to be annexed; or (iii) owners of one-half or more of the area of land in the existing CFD; or (iv) owners of one-half or more of the area of land in the territory proposed to be annexed.

WHEREAS, the annexation map of Annexation No. 64 has been filed with the County Recorder of Riverside County, which map shows the territory to be annexed in these proceedings, and a copy of the map is on file with the City Clerk.

NOW, THEREFORE, it is hereby RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of San Jacinto as follows:

SECTION 1. Recitals. The foregoing recitals are true and correct.

SECTION 2. Prior Proceedings. All prior proceedings taken by this Council with respect to the CFD and the proposed Annexation No. 64 have been duly considered and are hereby determined to be valid an in conformity with the Act, and the CFD has been validly established pursuant to the Act.

SECTION 3. Prior Resolution. The provision of the Resolution of Intention to Annex previously adopted by the Council for the CFD are by referenced incorporated herein.

SECTION 4. Boundaries. The boundaries of the territory to be annexed to the CFD, as described in Annexation Map No. 64, is on file with the City Clerk and heretofore recorded in the Riverside County Recorder’s Office on May 9, 2023, in Book 91 at Page 14 of Maps of Assessment and Community Facilities Districts, Instrument No. 2023-0132588, is hereby approved, and incorporated herein by this reference, and shall be included within the boundaries of the CFD, and said territory is hereby ordered annexed to the CFD, subject to voter approval of the levy of special taxes therein as provided.

SECTION 5. Election. Pursuant to the provision of the Act, the propositions of (i) the annexation of the Annexation No. 64, and (ii) the levy of special taxes within the Annexation No. 64 shall be submitted to the qualified electors of the Annexation No. 64 at an election called therefore as hereinafter provided.

SECTION 6. Electors Determined. The Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by the Council for the purpose of these annexation proceedings.

Accordingly, and pursuant to Section 53326 of the Act, the Council finds that for purposes of these proceedings the qualified electors are the landowners within the Annexation No. 64 and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the Annexation No.

64. 4.2.a
Packet Pg. 255 Attachment: Resolution No. 3977 - CFD 2003-1 Annex. No. 64 Resolution Calling Election (CFD 2003-1 Annex 64 Public Hearing - Esplanade Resolution No. 3977

SECTION 7. Applicable Laws. Pursuant to the Act, the election shall be conducted by mailed ballot under Section 4000 of the California Elections Code, provided, however, that for the purposes of setting the date for the election, Sections 53326 and 53327 of the Act shall govern.

SECTION 8. Special Election Called. This Council hereby calls a special election to consider the measure described in the ballot referred to in Exhibit A hereto, which form is hereby approved. The special election shall be held in the meeting room of the Council immediately following adoption of this Resolution. The Council hereby further finds that the provision of the Act requiring a minimum of 90 days to elapse before said election is for the protection of the voters, and the voters have been fully apprised of and have agreed to the shortened time for the election and waiver of ballot measure analysis and arguments, and will have thereby been fully protected in these proceedings. This Council also finds and determines that the City Clerk has concurred in the shortened time for the election.

SECTION 9. Election Official. The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution of Intention to Annex, a certified map of the proposed boundaries of the territory to be annexed to the CFD, and a sufficient description to allow the City Clerk to determine the boundaries of the territory to be annexed to the CFD. The voted ballot shall be returned to the City Clerk no later then immediately following the adoption of this Resolution, and when the qualified elector has voted the election shall be closed. This Council acknowledges that the City Clerk has caused to be delivered to the sole qualified elector of Annexation No. 64 a ballot in the form set forth in Exhibit A hereto. The ballot indicated the numbers of votes to be voted by the landowner, and was accompanied by all supplies and written instructions for the use and return of the ballot.

SECTION 10. Effective. This resolution shall take effect upon its adoption.

4.2.a
Packet Pg. 256 Attachment: Resolution No. 3977 - CFD 2003-1 Annex. No. 64 Resolution Calling Election (CFD 2003-1 Annex 64 Public Hearing - Esplanade Resolution No. 3977

PASSED, APPROVED, and ADOPTED this 6
th day of June 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
______________________
Alonso Ledezma, Mayor
ATTEST:

Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER, LLP.
______________________________
Craig Hayes, City Attorney

4.2.a
Packet Pg. 257 Attachment: Resolution No. 3977 - CFD 2003-1 Annex. No. 64 Resolution Calling Election (CFD 2003-1 Annex 64 Public Hearing - Esplanade Resolution No. 3977

CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO)
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3977 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 6 th day of June 2023.

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 6th day of June 2023. ________________________________
Julia Espinoza, City Clerk
City of San Jacinto

4.2.a
Packet Pg. 258 Attachment: Resolution No. 3977 - CFD 2003-1 Annex. No. 64 Resolution Calling Election (CFD 2003-1 Annex 64 Public Hearing - Esplanade Resolution No. 3977

EXHIBIT A
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 64

OFFICIAL BALLOT

SPECIAL TAX ANNEXATION ELECTION
This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of San Jacinto no later than 5:00 p.m. on Tuesday, June 6, 2023, either by mail or in person. The City Clerk’s office is located at 595 S. San Jacinto Avenue, Building A, San Jacinto, California, 92583.

To vote, mark a cross (X) on the voting line after the word “YES” or after the word “NO”.

All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of San Jacinto and obtain another.

The amount of money to be raised annually by the levy of the special tax on the property to be annexed to Community Facilities District No. 2003-1 is $0.2033/building square foot in 2022/23 dollars and the rate and duration of the tax to be levied is as set forth in the rate and method of apportionment of special tax for Community Facilities District No. 2003-1.

Shall the measure pursuant to which the City of San
Jacinto, by and for its Community Facilities District No. 2003-1, shall be authorized to levy special taxes within the territory annexed to Community Facilities District
No. 2003-1 pursuant to and as described in the
Resolution of the City Council of the City of San
Jacinto, Authorizing the Annexation of Territory to
Community Facilities District 2003-1, Authorizing the
Levy of a Special Tax and Submitting the Levy of
Special Tax to Qualified Electors, approved by the
City Council on June 6, 2023, be adopted?
YES:

NO:

By execution in the space provided below, you also confirm your written waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code.

Number of Votes: 2
Property Owner:
_________________________
By:

Title:

4.2.a
Packet Pg. 259 Attachment: Resolution No. 3977 - CFD 2003-1 Annex. No. 64 Resolution Calling Election (CFD 2003-1 Annex 64 Public Hearing - Esplanade Resolution No. 3978

RESOLUTION NO. 3978

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN JACINTO, DECLARING THE RESULTS OF A

SPECIAL ANNEXATION LANDOWNER ELECTION AND

DIRECTING THE RECORDING OF AN AMENDED

NOTICE OF SPECIAL TAX LIEN
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 64
RESOLVED by the City Council (the “Council”) of the City of San Jacinto (the “City”), County of Riverside, State of California, that:

WHEREAS, the Council of the City has previously formed a Community Facilities District pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Section 53311, and following of the California Government Code (the “Act”). The existing Community Facilities District being designated as Community Facilities District No. 2003- 1 (the “CFD”); and
WHEREAS, in proceedings heretofore conducted by the Council pursuant to the Act, the Council has heretofore adopted a resolution entitled “A Resolution of the City of San Jacinto, Authorizing the Annexation of Territory to Community Facilities District No. 2003-1, Authorizing the Levy of a Special Tax and Submitting the Levy of the Special Tax to Qualified Electors” (the “Resolution of Annexation”) calling a special election of the qualified landowner electors in the territory of the land proposed to be annexed to the CFD.

WHEREAS, pursuant to the terms of the Resolution of Annexation, adopted by the Council on this date, which is hereby incorporated herein by this reference, the special election has been held, and the City Clerk has on file a Canvass and Statement Result of Election (the “Canvass”), a copy of which is attached hereto as Exhibit A; and WHEREAS, this Council has reviewed the Canvass and hereby approves said Canvass.

NOW, THEREFORE, it is hereby RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of San Jacinto as follows:

4.2.b
Packet Pg. 260 Attachment: Resolution No. 3978 - CFD 2003-1 Annex. No. 64 Resolution Declaring Results (CFD 2003-1 Annex 64 Public Hearing - Esplanade Resolution No. 3978

SECTION 1. Recitals. The foregoing recitals are true and correct.

SECTION 2. Issues Presented. The issues presented at the special election were (i) the annexation of territory to the CFD; and (ii) the levy of a special tax within the territory annexed to the CFD.

SECTION 3. Measure Approved. Pursuant to the Canvass, the issues presented at the special election were approved by the landowners of the territory proposed for annexation to the CFD by more than two-thirds of the votes received at the special election.

SECTION 4. Declaration of Annexation. The Council does hereby determine and declare that the annexed territory is now added to and becomes a part of the CFD. The Council, acting as the Legislative Body of the CFD, is hereby empowered to levy the authorized special tax within the annexation territory.

SECTION 5. Authority to Levy. Pursuant to the voter approval, this Council may levy special taxes in the territory in the captioned annexation according to the rate and method of apportionment specified in the resolution of this Council 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” adopted on May 2, 2023.

SECTION 6. Prior Proceedings. It is hereby found that all prior proceedings and actions taken by this Council with respect to the CFD and the territory annexed thereto were valid and in conformity with the Act.

SECTION 7. Amendment to Notice of Lien. The City Clerk is hereby directed to complete, execute and cause to be recorded in the office of the County Recorder of the County of Riverside an amendment to the Notice of Special Tax Lien in the form required by the Act, such recording to occur no later than fifteen (15) days following adoption of this Resolution by the Council.

SECTION 8. This Resolution shall take effect upon its adoption.

4.2.b
Packet Pg. 261 Attachment: Resolution No. 3978 - CFD 2003-1 Annex. No. 64 Resolution Declaring Results (CFD 2003-1 Annex 64 Public Hearing - Esplanade Resolution No. 3978

PASSED, APPROVED, and ADOPTED this 6
th day of June 2023, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
______________________
Alonso Ledezma, Mayor
ATTEST:

Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER, LLP.
______________________________
Craig Hayes, City Attorney

4.2.b
Packet Pg. 262 Attachment: Resolution No. 3978 - CFD 2003-1 Annex. No. 64 Resolution Declaring Results (CFD 2003-1 Annex 64 Public Hearing - Esplanade Resolution No. 3978

CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO)
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3978 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 6th day of June 2023.

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 6th day of June 2023. ________________________________
Julia Espinoza, City Clerk
City of San Jacinto

4.2.b
Packet Pg. 263 Attachment: Resolution No. 3978 - CFD 2003-1 Annex. No. 64 Resolution Declaring Results (CFD 2003-1 Annex 64 Public Hearing - Esplanade Resolution No. 3978
A-1

EXHIBIT A
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 64

CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on June 6, 2023, I canvassed the returns of the election held on June 6, 2023, for the City of San Jacinto Community Facilities District No. 2003-1 Annexation No. 64 and the total number of votes cast in such election and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:

Qualified
Landowner
Votes
Votes
Cast
Votes
YES
Votes
NO
City of San Jacinto Community Facilities
District No. 2003-1 Annexation No. 64
Special Tax Election, June 6, 2023 2__ _____ _____ _____ The amount of money to be raised annually by the levy of the special tax on the property to be annexed to Community Facilities District No. 2003-1 is $0.2033/building square foot in 2022/23 dollars and the rate and duration of the tax to be levied is as set forth in the rate and method of apportionment of special tax for Community Facilities District No. 2003-1.

Shall the measure pursuant to which the City of San Jacinto, by and for its Community Facilities District No. 2003-1, shall be authorized to levy special taxes within the territory annexed to Community Facilities District No. 2003-1 pursuant to and as described in the Resolution of the City Council of the City of San Jacinto, Authorizing the Annexation of Territory to Community Facilities District 2003-1, Authorizing the Levy of a Special Tax and Submitting the Levy of Special Tax to Qualified Electors, approved by the City Council on June 6, 2023, be adopted?
Yes: __________
No: __________
IN WITNESS WHEREOF, I HAVE HEREUN TO SET MY HAND on June 6, 2023.

By:

Julia Espinoza, City Clerk
City of San Jacinto

4.2.b
Packet Pg. 264 Attachment: Resolution No. 3978 - CFD 2003-1 Annex. No. 64 Resolution Declaring Results (CFD 2003-1 Annex 64 Public Hearing - Esplanade Ordinance No. 23-06

ORDINANCE NO. 23-06

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SAN JACINTO LEVYING A SPECIAL TAX WITHIN

CITY OF SAN JACINTO COMMUNITY FACILITIES
DISTRICT NO. 2003-1, INCLUDING CERTAIN

ANNEXATION TERRITORY
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 64
WHEREAS, the City of San Jacinto (the “City”) has conducted proceedings pursuant to the Mello-Roos Community Facilities Act, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to establish “City of San Jacinto Community Facilities District No. 2003-1” (the “CFD”) for the purpose of financing certain municipal services (the “Services) as provided in the Act; and
WHEREAS, the City has conducted proceedings to annex territory into the CFD and, in connection therewith, approved supplements to the Original Rate and Method (as supplemented, the “Rate and Method”);

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO as follows:

SECTION 1: By the passage of this Ordinance, pursuant to the Act, the Council hereby authorizes and levies the Special Tax within the CFD, including all territory annexed into the CFD prior to the date hereof, at the rate and in accordance with method set forth in the Rate and Method, which rate and method are by this reference incorporated herein.

The Special Tax has previously been levied in the original territory of the CFD beginning in fiscal year 2004-05, and the Special Tax is hereby levied commencing in fiscal year 2022-23 in the territory annexed to the CFD subsequent to formation of the CFD, and in each fiscal year thereafter to pay for the Services for the CFD and all costs of administering the CFD.

4.2.c
Packet Pg. 265 Attachment: Ordinance No. 23-06 - CFD 2003-1 Annex. No. 64 (CFD 2003-1 Annex 64 Public Hearing - Esplanade Commons) Ordinance No. 23-06

The City Council hereby ratifies the levy of special taxes within the CFD pursuant to the Act, at the rate and in accordance with the Rate and Method, in fiscal years 2004-05 through 2022-23.

SECTION 2: The City Manager or designee, or an employee or consultant of the City, is hereby authorized and directed each fiscal year to determine the specific Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the CFD, including all territory annexed to the CFD prior to the date hereof, in the manner and as provided in the Rate and Method.

SECTION 3: Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation, the Rate and Method and the applicable provisions of the Act.

In no event shall the Special Tax be levied on any parcel within the CFD in excess of the maximum Special Tax specified in the Rate and Method.

SECTION 4: All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of the Services, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the Special Tax.

SECTION 5: The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Council may provide for other appropriate methods of collection by resolution(s) of the Council. The City Manager of the City (or the City Manager’s designee) is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Riverside for fiscal year 2022-23 and for each fiscal year thereafter, as set forth above, until no longer required to pay for the Services or until otherwise terminated by the City.

SECTION 6: If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the CFD, including all territory annexed to the CFD prior to the date hereof, by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the CFD, including all territory annexed to the CFD prior to the date hereof, shall not be affected.

SECTION 7: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation circulated in the City.

4.2.c
Packet Pg. 266 Attachment: Ordinance No. 23-06 - CFD 2003-1 Annex. No. 64 (CFD 2003-1 Annex 64 Public Hearing - Esplanade Commons) Ordinance No. 23-06

SECTION 8: This Ordinance shall become effective (30) days following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation in the City of San Jacinto, County of Riverside.

INTRODUCED at a regular meeting of the City Council of the City of San Jacinto held on June 6, 2023.

PASSED, APPROVED, and ADOPTED this 20th day of June 2023, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
______________________
Alonso Ledezma, Mayor
ATTEST:

Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER, LLP.
______________________________
Craig Hayes, City Attorney

4.2.c
Packet Pg. 267 Attachment: Ordinance No. 23-06 - CFD 2003-1 Annex. No. 64 (CFD 2003-1 Annex 64 Public Hearing - Esplanade Commons) Ordinance No. 23-06

CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO)
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Ordinance No. 23-06 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 20th day of June 2023.

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 20th day of June 2023. _____________________________
Julia Espinoza, City Clerk
City of San Jacinto

4.2.c
Packet Pg. 268 Attachment: Ordinance No. 23-06 - CFD 2003-1 Annex. No. 64 (CFD 2003-1 Annex 64 Public Hearing - Esplanade Commons) June 6, 2023
TO: City Council
REQUESTED BY: Bob Brady, General Manager
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Main Street Decorative Lighting Project
RECOMMENDATION:

Staff recommends that the City Council:

1. Find that in accordance with Section 3.08.070(C)(2) of the City’s Municipal Code, there is no competitive advantage to be gained by bidding this project since the City of West Hollywood performed a competitive bid process, which is consistent with the City of San Jacinto standards, and is unlikely to yield better results for the City.

2. Authorize the City Manager to enter into an agreement with T&G Global, LLC (dba St.

Nick’s Christmas Lighting and Décor) for $93,188.75 to furnish and install a decorative light system on Main Street between San Jacinto Avenue and Jordan Avenue and a 10% contingency amount of $9,319, for change orders or additional work to complete the project, for a total project cost of $102,508.

DISCUSSION:

As part of the City’s ongoing effort to promote economic development for the purpose of increasing jobs, creating economic opportunities, and growing tax revenue, the City has initiated several actions to assist with the revitalization Main Street. These actions include:
 Sponsoring an event in September of 2018, Envision San Jacinto, in conjunction with the Southern California Association of Governments, which created a temporary pedestrian plaza on Main Street between San Jacinto Avenue and Jordan Avenue. During this event, community feedback was collected, and the top desired walking improvement along Main Street and the surrounding area was for there to be vibrant things to see and do.
 Entering into Exclusive Negotiation Agreements in January of 2023 for the potential development of three City-owned vacant parcels of land, located on and adjacent to Main Street, with new mixed-use projects, including retail commercial, office, and residential uses.
 City Council approving on April 4, 2023, funding to install two murals in the downtown area, with one located on the east exterior wall of the commercial building at 195 East Main Street. The mural on Main Street was completed last month.

5.1 Packet Pg. 269
 Staff working with KTGY on designs for two entry archway signs that will span Main Street.
 Analyzing lighting opportunities along Main Street that can create a unique and memorable sense of place.

Furthermore, the above-identified actions are consistent with goals, policies, and actions included in the recently adopted Envision San Jacinto General Plan 2040:

GOAL ED-4 REVITALIZATION OF MAIN STREET
A community with a vibrant and active Main Street.

San Jacinto’s Main Street has many assets that could position it as a major focal point of activity in the City. While changes in market economics and public health priorities have presented challenges to the type of experiential commercial development associated with downtown neighborhoods, the trend towards place-based mixed-use activity centers is expected to continue in the future. Main Street’s mix of walkability and central location all lend themselves to becoming a more vibrant live/work/play center within the City.

ED-4 Policies
ED-4.1Main Street Development. Position development and infrastructure on Main Street to be oriented towards pedestrians, local businesses, and special programming, providing a unique and attractive experience for visitors, residents, and workers.

ED-4.2Invest in Main Street. Encourage City investment in catalytic Main Street projects.

ED-4.3Mixed-Use. Encourage the development and integration of a mix of uses in a “main street” setting that includes retail anchored stores, entertainment, office, retail, residential at various densities, and transit-oriented development and/or mix uses that provide regional draw.

ED-4.4Character. Encourage economic development activities that support and preserve the unique character of Main Street area and its existing building stock.

ED-4.5Walkable. Support efforts to create a safe walkable environment where visitors to Main Street can “park once” and visit multiple destinations.

ED-4 Actions
ED-4b Develop public-private partnership strategy, including marketing plan for development outreach, for other City-owned properties on Main Street that represent catalyst development opportunities.

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ED-4d Prepare Main Street-specific retail attraction/retention analysis to inform strategies on attracting tenants and business investment to Main Street.

The visual enhancement of installing the proposed Main Street Decorative Lighting project would provide a unique, brighter and attractive atmosphere, helping to create greater activity along Main Street. The project is consistent with the overall goal (ED-4) of revitalizing Main Street and Policies ED-4.1, ED-4.2, ED-4.5 of the General Plan. Staff considered a variety of lighting options, which included bollard lights along the sidewalk, up-lighting of street trees, rope lights along the branches of street trees, overhead stringing lights parallel to Main Street above the sidewalk and overhead lights strung zigzagging across Main Street between street light poles.

The City of West Hollywood installed a decorative lighting system along and across Santa Monica Boulevard, similar to what staff has been considering for Main Street. The City Manager noticed the lights as he drove on Santa Monica Boulevard through West Hollywood and asked staff to review the installation. Staff contacted West Hollywood and learned that the city had issued three Requests for Proposals (RFP) since 2019 for decorative LED street lanterns on Santa Monica Boulevard that would be programmable with different light configurations for various events and celebrations throughout the year.

The RFPs issued by West Hollywood have been for a permanent commercial-grade system of illuminated lanterns that would be compliant with various city regulations and be programmable LED’s with lighting configurations and effects, such as changing colors or other functional features, for a wide variety of city-sponsored events during the year. The lighting projects have consisted of strings of exterior decorative lanterns attached to the tops of the existing streetlight poles and extending along and across Santa Monica Boulevard. The scope of work included furnishing, installing, and maintaining the decorative lantern system. St. Nick’s Christmas Lighting & Décor was the company recommended for approval and was the lowest responsive bidder for each West Hollywood RFP. St. Nick’s has completed two of the three projects, and the West Hollywood City Council approved third project with St. Nick’s on Monday, May 15, 2023.

City Staff met with a representative from St. Nick’s to discuss installing lights on Main Street.

St. Nick’s prepared an estimate for a lighting system which is based on and is almost identical to, what has been installed on Santa Monica Boulevard in West Hollywood.

The Main Street lighting system will be a commercial-grade system of illuminated lanterns suitable for year-round permanent installation with high heat, high wind, rain, and cold weather durability. Cables would be attached to existing street light poles and cross Main Street in zigzag manner. The power for the system would be provided from the existing lamp posts. The power wires and lanterns would be attached to the cables, with the lanterns hanging approximately six (6) inches below the cable and spaced approximately three (3) feet apart. Each lantern would contain a red, green, blue, and white (RGBW) LED that would be programmable as individual lights or strings of lights, with different light colors for national, seasonal, and local events. A

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wireless control system for programing of the lanterns would be located at City Hall. The major difference between the West Hollywood system and the one proposed for San Jacinto is the size of the globes and the length of the system. West Hollywood used 10-inch diameter globes, and the system for San Jacinto would use six (6) inch diameter globes. The length of the San Jacinto system would be approximately 966 feet, and the West Hollywood light system extends approximately 6,300 feet.

The City of West Hollywood completed a competitive solicitation process very similar to San Jacinto’s process for this type of project. Section 3.08.070(C)(2) of the San Jacinto Municipal Code provides an exception to bid the project if the City finds that another public agency already performed a competitive process in accordance with the city’s standards and resoliciting is unlikely to yield better results for the City. St. Nick’s has provided pricing that is consistent with the bid provided to the City of West Hollywood.

FISCAL IMPACT:

The proposed expenditure for this project would be funded through the Economic Development Fund (CIP Project #18-007). The estimated cost for this project includes $93,188.75 to furnish and install the decorative light system on Main Street and a 10% contingency amount of $9,319, for change orders or additional work to complete the project, for a total amount of $102,508.

Since the City does not have to prepare and circulate an RFP and go through the bid process, the City will realize time and cost savings for this project.

ATTACHMENTS:

St. Nick's Estimate 2023 - San Jacinto RGB Light Installation - 3FT Spacing.Revised IMG_1485
IMG_1862
IMG_1793

5.1 Packet Pg. 272
St. Nick's Christmas Lighting & Décor
6861 Walker Street
La Palma, CA 90623 DATE
(562) 438-0017 | [email protected] 4/26/2023
TERMS
Bob Brady Estimate
City of San Jacinto
595 S San Jacinto Ave
San Jacinto, CA 92583
[email protected]
951.537.6369

DESCRIPTION QTY UNIT PRICE AMOUNT
321 $ 105.00 $ 33,705.00
40 $ 105.00 $ 4,200.00
361 $ 13.75 $ 4,963.75
361 $ 10.00 $ 3,610.00
4 $ 75.00 $ 300.00
8 $ 20.00 $ 160.00
4 $ 650.00 $ 2,600.00
1 $ 1,500.00 $ 1,500.00
1 $ 750.00 $ 750.00
1 $ 2,900.00 $ 2,900.00
1 $ 6,500.00 $ 6,500.00
1 $ 12,500.00 $ 12,500.00
1 $ 3,500.00 $ 3,500.00
1 $ 16,000.00 $ 16,000.00
93,188.75

TAX ON GOODS -
$ 93,188.75
Power-T Converter Cables

ESTIMATE

BILL TO
6" RGB Spheres - from San Jacinto Ave to Jordan Ave
(Approx. 966 Linear FT)
6" RGB Spheres - from San Jacinto Ave to Jordan Ave
(Replacements)
2' Cable Spacers
Cable Clamps for each sphere
5-AM/24Vdc Power Supplies
TOTAL
Meshtek Field Controllers 24Vdc
Field Controller Programming
Meshtek Gateway Transmitter - IP67 weatherproof - wit POE - 5 Mile radius range
Airline Cable Kit
Labor Package for airline cable kit
Labor Package for sphere installation
Equipment Fee
2-Year Maintenance Plan
Thank you for your business! Subtotal

TAX RATE

5.1.a
Packet Pg. 273 Attachment: St. Nick's Estimate 2023 - San Jacinto RGB Light Installation - 3FT Spacing.Revised (Main Street Decorative Lighting Project)

5.1.a
Packet Pg. 274 Attachment: St. Nick's Estimate 2023 - San Jacinto RGB Light Installation - 3FT Spacing.Revised (Main Street Decorative Lighting Project)

5.1.b
Packet Pg. 275 Attachment: IMG_1485 (Main Street Decorative Lighting Project)

5.1.c
Packet Pg. 276 Attachment: IMG_1862 (Main Street Decorative Lighting Project)

5.1.d
Packet Pg. 277 Attachment: IMG_1793 (Main Street Decorative Lighting Project)