Public hearing on annexation and improvement area designation in San Marcos.

NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS REGARDING THE ANNEXATION OF TERRITORY AND DESIGNATION OF Improvement Area No. F59 OF COMMUNITY FACILITIES DISTRICT NO. 9802 (LIGHTING, LANDSCAPING, OPEN SPACE, AND PRESERVE MAINTENANCE) OF THE CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA NOTICE IS HEREBY GIVEN that on the 28th day of April, 2026, at the hour of 6:00 p.m., or as soon as the matter may be heard, in the regular meeting place of the City Council being the City Council Chambers, 1 Civic Center Drive, San Marcos, CA, 92069 a public hearing will be held where the City Council will consider the annexation of certain territory and designation of Improvement Area No. F59 of Community Facilities District No. 9802 (Lighting, Landscaping, Open Space, and Preserve Maintenance) of the City of San Marcos, County of San Diego, State of California, the proposed rate and method of apportionment of the special taxes to be levied within the proposed annexation area and all other matters as set forth in Resolution No. 20269558 (Resolution of Intention to Annex Territory to Improvement Area No. F59). Any interested persons may appear and be heard, and written protests shall be filed on or before the time fixed for the public hearing. For particulars, reference is made to the Resolution of Intention to Annex Territory to Improvement Area No. F59 as set forth below: Resolution of Intention to Annex Territory to Improvement Area No. F59 provides in summary as follows: The City Council of the City of San Marcos has previously established Community Facilities District No. 9802 (Lighting, Landscaping, Open Space, and Preserve Maintenance), City of San Marcos, County of San Diego, State of California (the CFD), which authorized the designation of improvement areas therein pursuant to Chapter 2.5 (commencing with section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the MelloRoos Community Facilities Act of 1982 (the Act) for the purpose of financing certain public services which are necessary to meet increased demands placed upon the City as a result of the development of real property within the territory to be included in the community facilities district (the Services). The City Council desires to designate a new improvement area within the CFD to be designated as Improvement Area No. F59 of Community Facilities District No. 9802 (Lighting, Landscaping, Open Space, and Preserve Maintenance), City of San Marcos, County of San Diego, State of California; (the Improvement Area). The City Council has received a written petition (the Petition) from the owner (the Owner) of certain real property included within the City described in Exhibit D (the Territory) requesting that the City Council initiate proceedings to annex the Territory into the Improvement Area and the City Council further desires to designate such annexation as Annexation No. 161. Such annexation is authorized pursuant to the terms and provisions of the Article 3.5 of the Act (commencing with section 53339). The Owner is the owner of more than ten percent (10%) of the property which is proposed to be included within the boundaries of the proposed Improvement Area. Pursuant to the Petition, the City Council desires to initiate proceedings to consider the designation of the Improvement Area and annexation of the Territory thereto. Having received the Petition, the City Council is required to initiate proceedings to annex Territory to the Improvement Area, set forth the boundaries for the Improvement Area, indicate the type of public services proposed to be financed by the Improvement Area, indicate the rate and method of apportionment of a special tax sufficient to finance the public services and the administration of the Improvement Area, and set a time and place for a public hearing relating to the designation of the Improvement Area and annexation of territory thereto; and The Territory proposed for annexation into the Improvement Area is included within the City's existing community facilities districts and assessment districts (the Prior Districts); and It is the intention of the City Council that services be provided through the CFD instead of the Prior Districts for ease of administration and as such upon annexation into the Improvement Area, the Territory will be detached from the Prior Districts and a notice of cessation of special tax/assessment lien will be recorded against such Territory concurrently with these annexation proceedings. These proceedings for annexation are initiated by this City Council pursuant to section 53339.2 of the Government Code of the State of California. The improvement area proposed to be designated within the CFD shall be known as Improvement Area No. F59 of Community Facilities District No. 9802 (Lighting, Landscaping, Open Space, and Preserve Maintenance), City of San Marcos, County of San Diego, State of California. The City Council hereby determines that the public convenience and necessity requires that the Improvement Area is designated within the CFD and the Territory is annexed to the Improvement Area. The City Council further declares its intention to provide future annexation for future territory. A general description of the existing CFD territory is as follows: All that property and territory as originally included within the CFD and subsequently annexed to the CFD, as such property was shown on maps as approved by this City Council designated by the name of the original CFD, copies of which are on file in the Office of the City Clerk, as well as copies filed in the Office of the County Recorder. The boundaries of the proposed Annexation No. 161 and designation of the Improvement Area are shown on the map entitled Map of Proposed Boundaries of Improvement Area No. F59 of Community Facilities District No. 9802 (Lighting, Landscaping, Open Space, and Preserve Maintenance), City of San Marcos, County of San Diego, State of California which is on file with the City Clerk of the City Council (the City Clerk), and attached hereto as Exhibit C and incorporated herein by this reference. Said map is hereby approved and, pursuant to section 3110 of the California Streets and Highways Code, the City Clerk shall, after conforming with the other requirements of section 3111 of the California Streets and Highways Code, record the original of said map in the office of the City Clerk, and within 15 days of the adoption of this Resolution but not later than 15 days prior to the date of the public hearing set forth in section 10 hereof, shall file a copy of said boundary map with the County ClerkRecorder of the County of San Diego. It is the intention of the City Council that the Improvement Area finance the municipal services generally described in Exhibit A of the Resolution of Intention to Annex Territory to Improvement Area No. F59 and all costs associated with the annexation of the Improvement Area, administration thereof, the determination of the amount of any special taxes to be levied, the costs of collecting any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the Improvement Area. It is the intention of the City Council that, except where funds are otherwise available, a special tax sufficient to pay for the Services and related incidental expenses authorized by the Act, secured by the recordation of a continuing lien against all nonexempt real property in the Improvement Area, shall be annually levied within the boundaries of the Improvement Area pursuant to the Rate and Method. Particulars as to the rate and method of apportionment of the proposed special tax are set forth in the attached Exhibit B of the Resolution of Intention to Annex Territory to Improvement Area No. F59 and which sets forth in sufficient detail the rate and method of apportionment of the special taxes to allow each landowner or resident within the proposed Improvement Area to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to pay for the Services to be supplied within the Territory shall be equal to any special tax levied to pay for the same services in the existing CFD, except that a higher or lower special tax may be levied within the Territory proposed to be annexed or territory to be annexed in the future 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 existing CFD. This section shall not be construed to limit the levy of a special tax within the Territory to be annexed or territory to be annexed in the future to provide new or additional services beyond those supplied within the existing CFD. The maximum special tax rate of the existing CFD shall not be increased as a result of any annexation proceeding. The special tax obligation for any parcel may not be prepaid. 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 Improvement Area 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. Upon recordation of a notice of special tax lien pursuant to sections 3117.5 and 3114.5 of the California Streets and Highways Code, a continuing lien to secure the levy of special taxes shall attach to all nonexempt real property in the Improvement Area, and that lien shall continue in force and effect until the collection of the special taxes ceases. The City Council hereby finds that the provisions of sections 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the proposed Improvement Area. It is further determined by the City Council that the Services are necessary to meet increased demands and needs placed upon the City as a result of development within the boundaries of the Improvement Area. Any protests to the proposals in the Resolution of Intention to Annex Territory to Improvement Area No. F59 may be made orally or in writing by any interested persons or taxpayers, except that any protests pertaining to the regularity or sufficiency of such proceedings shall be in writing and shall clearly set forth the irregularities and defects to which the objection is made. The City Council may waive any irregularities in the form or content of any written protest and at such public hearing may correct minor defects in such proceedings. All written protests not presented in person by the protester at the public hearing shall be field with the City Clerk on or before the time fixed for the public hearing in order to be received and considered. Any written protest may be withdrawn in writing at any time before the conclusion of such public hearing. If fifty percent (50%) or more of the registered voters, or six registered voters, whichever is more, residing within the Territory proposed to be included in the Improvement Area and not exempt from the levy of special taxes, or the owners of onehalf or more of the area of the land in said Territory, file written protests against the annexation of the Improvement Area to the CFD, and protests are not withdrawn so as to reduce the value of the protest to less than a majority, no further proceedings to designate the Improvement Area or to levy the specified special taxes shall be taken for a period of one year from the date of the decision of the City Council. If a majority protest of the registered voters or of the landowners are only against the furnishing of a specified type or types of Services within the Improvement Area, those types of Services will be eliminated from the resolution completing the annexation of the Improvement Area to the CFD. The public hearing may be continued from time to time, but shall be completed within sixty (60) days, except that if the City Council finds that the complexity of the Improvement Area or the need for public participation requires additional time, the public hearing may be continued from time to time for a period not to exceed six (6) months. At the conclusion of the public hearing, the City Council may abandon the proposed annexation or may, after passing upon all protests, determine to proceed with annexing the Improvement Area to the CFD. The Resolution of Intention to Annex Territory to Improvement Area No. F59 contains other related information not summarized herein and a copy of the resolution may be reviewed or obtained at the City Clerk's office located at 1 Civic Center Drive, San Marcos, CA 92069. DATED: April 20, 2026 /s/ Phillip Scollick, City Clerk, City of San Marcos San Diego UnionTribune Published: 4/20/26