Public hearing on future annexation to Community Facilities District No. 9802.

NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS REGARDING THE ANNEXATION OF TERRITORY IN THE FUTURE TO Improvement Area No. F59 OF COMMUNITY FACILITIES DISTRICT NO. 9802 (LIGHTING, LANDSCAPING, OPEN SPACE, AND PRESERVE MAINTENANCE) OF THE CITY OF SAN MARCOS 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, California, a public hearing will be held where the City Council will consider authorization to annex certain territory in the future to 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 future annexation area and all other matters as set forth in Resolution No. 20269559 (Resolution of Intention to Authorize Future Annexation). Any interested persons for or against the future annexation of territory or the levying of special taxes within the territory to be annexed in the future 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 Authorize Future Annexation as set forth below: The text of the body of the Resolution of Intention to Authorize Future Annexation is as follows: WHEREAS, the City Council (the City Council) of the City of San Marcos (the City) 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), 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; and WHEREAS, the City Council has initiated proceedings for the annexation of territory and the designation of an improvement area to the CFD to 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 Improvement Area); and WHEREAS, the City Council desires to provide the authorization to annex territory in the future to the Improvement Area pursuant to the terms and provisions of the Act, and specifically Article 3.5 thereof; and WHEREAS, it is determined to be within the public interest and convenience to establish a procedure to allow and provide for future annexations to the Improvement Area and further to specify the amount of special tax that would be levied and set forth the terms and conditions for certification of any annexation in the future; and WHEREAS, the territory proposed to be annexed in the future shall be known and designated as the Future Annexation Area to Improvement Area No. F59 of Community Facilities District No. 9802 (the Future Annexation Area), and a map designated as Future Annexation Area to 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 showing the territory proposed to be annexed in the future is on file in the Office of the City Clerk and shall be kept with the transcript of these proceedings and attached hereto as Exhibit C and incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS AS FOLLOWS: Section 1. Recitals. The above recitals are all true and correct and incorporated herein by this reference. Section 2. Authorization. These proceedings for future annexations are authorized and initiated by this City Council pursuant to the authorization of the Act and specifically section 53339.2 of the Government Code of the State of California. Section 3. Public Convenience and Necessity. This City Council hereby determines that the public convenience and necessity requires a procedure to allow and authorize territory to be annexed in the future to the CFD in order to finance the costs and expenses for the authorized services. Section 4. Boundaries of the CFD and Territory Proposed to be Annexed in the Future. A general description of the territory included in the CFD is hereinafter described as follows: All that property and territory as previously included within the CFD, as said property was shown on a map designated as 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, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. A description of the boundaries and territory proposed to be annexed in the future is as follows: All that property and territory proposed to be annexed in the future to the Improvement Area, as said property is shown on the map designated as Future Annexation Area to 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, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. Future annexation proceedings may only be completed with the unanimous consent of the owner or owners of any parcel or parcels proposed for annexation. Section 5. Name of the Improvement Area and Future Annexation Area. The name of the Improvement Area is 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 and the designation for the Future Annexation Area shall be Future Annexation Area to Improvement Area No. F59 of Community Facilities District No. 9802. Section 6. Authorized Services. It is the intention of the City Council that the Improvement Area finance the municipal services generally described in Exhibit A (the Services) attached hereto and incorporated herein by this reference 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. To the extent possible and practicable, it is the City Council's further intention that any common services be complete together at the same time and under the same contracts, to the extent services are contracted to thirdparties, for any similar services and at shared facilities, in common with the existing CFD and the Improvement Area. The City Council hereby finds and determines that the public interest will not be served by allowing the property owners in the Improvement Area to enter a contract in accordance with section 53329.5(a) of the Act. The Authorized Services to be financed by the levy of special taxes to be levied on specific territory within the Future Annexation Area to be annexed to the Improvement Area may include some or all of such Authorized Services or may include alternatives to the Authorized Services. The Authorized Services shall to the maximum extent practicable, taking into account budgetary and operational demands of the City, be provided in common within the Improvement Area and the Future Annexation Area. The City Council finds that the Authorized Services described in this section 6 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of the Improvement Area and the Future Annexation Area. Section 7. Special Tax. It is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to finance the Authorized Services (the Special Tax) to be provided in the territory of the Future Annexation Area upon the annexation of such territory to the Improvement Area and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all nonexempt real property in the Future Annexation Area that annexes to the Improvement Area, will be levied annually within the boundaries of the territory within the Future Annexation Area upon the annexation of such territory to the Improvement Area. For further particulars as to the rates and method of apportionment of the proposed Special Tax, reference is made to the attached and incorporated Exhibit B (the Rate and Method), which sets forth in sufficient detail the rate and method of apportionment of the Special Tax to allow each landowner or resident within the territory in the proposed Future Annexation Area to clearly estimate the maximum amount of the Special Tax that such person will have to pay for the Authorized Services upon the annexation of such territory to the Improvement Area. The Special Tax may not be prepaid. Notwithstanding the foregoing, if the actual cost of providing Authorized Services to territory within any proposed Future Annexation Area is higher or lower than the cost of providing such services within the existing Improvement Area, a higher or lower special tax may be levied within such territory, to the extent the actual cost of providing the services in the annexation territory is higher or lower than the costs of providing those services in the existing Improvement Area, subject to the unanimous approval and election of the owner or owners of such territory. In any such circumstance, the Rate and Method may be revised to reflect the higher or lower special tax, as applicable. The maximum special tax rate in the existing CFD and Improvement Area may not be increased as a result of any annexation proceeding. The Special Tax herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council or its designee shall determine, including direct billing of the affected property owners. Such Special Tax shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any Special Tax that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City. Pursuant to Government Code section 53340 and except as provided in Government Code section 53317.3, properties of entities of the state, federal, and local governments shall be exempt from the levy of the Special Tax. Section 8. Effective Date of Future Annexation. Annexation of territory in the future shall be effective upon the unanimous approval and election of the owner or owners of any such parcel or parcels authorizing the levy of the Special Tax upon such parcel or parcels following the annexation to the Improvement Area, and no further public hearings or additional proceedings will be required to accomplish such annexation. Section 9. Public Hearing. Notice is given that on April 28, 2026, at 6:00 p.m., in the regular meeting place of the City Council being 1 Civic Center Drive, San Marcos, California 92069, a public hearing will be held where this City Council will consider the authorization of annexation of certain territory in the future to the Improvement Area, the proposed rate and method of apportionment of the special tax to be levied within said proposed Future Annexation Area and all other matters as set forth in this Resolution of Intention. Any interested persons may appear and be heard, and written protests shall be filed on or before the time fixed for the public hearing. Section 10. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by causing the publication of a Notice of Public Hearing in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing. Section 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. Section 12. Effective Date. This resolution shall become effective upon its adoption. A copy of the exhibit to the Resolution of Intention to Authorize Future Annexation including the authorized services, the rate and method of apportionment of the special tax, and the proposed future annexation boundary map are on file in the office of the City Clerk of the City of San Marcos located at 1 Civic Center Drive, San Marcos, CA 92069 and will be available for inspection during normal business hours of such office. DATED: April 20, 2026 /s/ Phillip Scollick, City Clerk, City of San Marcos San Diego UnionTribune Published: 4/20/26