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Home My WebLink About2006-013 RESOLUTION NO. 2006-013 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE FUTURE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) WHEREAS, the CITY COUNCIL of the CITY OF ATASCADERO, CALIFORNIA, ("City Council"), at this time desires to authorize the future annexation of territory to a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") The Community Facilities District has been designated as CITY OF ATASCADERO COMMUNITY FACILITIES DISTRICT NO 2005-1 (PUBLIC SERVICES) ("CFD No 2005-1"), and, WHEREAS, it is determined to be within the public interest and convenience to establish a procedure to authorize and provide for the future annexation of territory to CFD No 2005-1 and further to specify the amount of special taxes that would be levied and set forth the terms and conditions for certification of any annexation in the future, and, WHEREAS, the area proposed to be annexed in the future shall be known and designated as COMMUNITY FACILITIES DISTRICT NO 2005-1 (PUBLIC SERVICES) (FUTURE ANNEXATION AREA) (the "Future Annexation Area"), and a map showing the `trrrFuture Annexation Area has been submitted to and approved by this City Council and a copy of said map has been ordered to be kept on file with the City Clerk. NOW, THEREFORE, IT IS HEREBY RESOLVED DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF ATASCADERO SECTION 1 Recitals The above recitals are all true and correct. SECTION 2 Authorization. These proceedings for future annexations are authorized and initiated by this legislative body pursuant to the authorization of the Act in general and Section 53339.2 of the Government Code of the State of California in particular SECTION 3 Public Convenience and Necessrty This legislative body hereby determines that the public convenience and necessity requires the establishment of a procedure to authorize and provide for territory to be annexed in the future to CFD No 2005-1 in order to pay the costs and expenses for the required and authorized services generated from future development within the City SECTION 4 Boundaries. A general description of the territory included in CFD No 2005-1 is hereinafter described as follows All that property and territory as previously included within the original CFD No 2005-1, as said property was shown on a map as approved by this legislative body designated by the name of CFD No 2005-1, a copy of which is on file in the Office of the City Clerk, as well as the County Recorder City of Atascadero Resolution No.2006-013 Page 2 of 12 All that property and territory as previously included within Annexation No 1 to *MW CFD No 2005-1, as said property was shown on a map as approved by this legislative body designated by the name of Annexation No I to Community Facilities District No 2005-1, a copy of which is on file in the Office of the City Clerk, as well as the County Recorder SECTION 5 Name of District. The name of the district is CITY OF ATASCADERO COMMUNITY FACILITIES DISTRICT NO 2005-1 (PUBLIC SERVICES), and the designation for the Future Annexation Area shall be CITY OF ATASCADERO COMMUNITY FACILITIES DISTRICT NO 2005-1 (PUBLIC SERVICES) (FUTURE ANNEXATION AREA) SECTION 6 Services Authorized to be Financed by the District. The services that are authorized to be financed by CFD No 2005-1 are certain services which are in addition to those provided in or required for the territory within CFD No 2005-1 and will not be replacing services already available. A general description of the services to be financed by CFD No 2005-1 are as follows POLICE AND FIRE SERVICES Police services and fire protection and suppression services (the "Services") of the City of Atascadero required to sustain the service delivery capability for emergency and non-emergency services to new growth areas of the City of Atascadero, including but not limited to, 1%W growth facilities, equipment, vehicles, ambulances and paramedics, fire apparatus, services, supplies and personnel, provided, however, that any increases in special taxes for costs related to employee wages and benefits shall be limited as provided in the Rate and Method of Apportionment of the Special Taxes to fund such Services. PARK SERVICE Park services of the City of Atascadero required for the operation and maintenanceof public parks. The same types of services, which are authorized to be financed by CFD No 2005-1 are the types of services to be provided in the Future Annexation Area. If and to the extent possible such services shall be provided in common within CFD No 2005-1 and the Future Annexation Area. SECTION 7 Special Taxes. It is the further intention of this City Council body that, 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 Future Annexation Area, will be levied annually within the boundaries of such Future Annexation Area. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Attachment A (the "RMA"), which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed Future Annexation Area ++' to clearly estimate the maximum amount that such person will have to pay City of Ataseadero Resolution No.2006-013 Page 3 of 12 The special tax proposed to be levied within the Future Annexation Area for services to be supplied within the Future Annexation Area shall be equal to the special tax levied to pay for the same services in CFD No 2005-1, except that a higher or lower special tax may be levied within the Future Annexation Area to the extent that the actual cost of providing the services in the Future Annexation Area is higher or lower than the cost of providing those services in CFD No 2005-1 Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher that the maximum special tax authorized to be levied pursuant to the RMA. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and 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 taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer The maximum special tax rate in CFD No 2005-1 shall not be increased as a result of the annexation of the Future Annexation Area to CFD No 2005-1 SECTION 8 Effective Date of Annexation. Annexation to CFD No 2005-1 of any parcel within the Future Annexation Area shall be effective upon the unanimous approval of the owner or owners of such parcel at the time the parcel is annexed, and no further public hearings or additional proceedings will be required to authorize such annexation. SECTION 9 Public Hearing;. NOTICE IS GIVEN THAT ON THE 28TH DAY OF FEBRUARY, 2006, AT THE HOUR OF 7 00 PM CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 6907 EL CAMINO REAL, ATASCADERO, CALIFORNIA, 93422, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF CERTAIN TERRITORY IN THE FUTURE TO CFD NO 2005-1, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE FUTURE ANNEXATION AREA AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION AT SUCH PUBLIC HEARING,THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF THE FUTURE ANNEXATION AREA OR THE LEVYING OF SPECIAL TAXES WITHIN THE FUTURE ANNEXATION AREA WILL BE HEARD AT SUCH PUBLIC HEARING,PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE FUTURE ANNEXATION AREA, THE LEVY OF SPECIAL TAXES WITHIN THE FUTURE ANNEXATION AREA OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING SECTION 10 Majority Protest. If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within CFD No 2005-1, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the Future City of Atascadero Resolution No.2006-013 Page 4 of 12 SECTION 11 Annexation Area, (c) owners of one-half or more of the area of land in the %,,,,. territory included in CFD No 2005-1, or(d) owners of one-half or more of the area of land in the territory included in the Future Annexation Area, file written protests against the proposed annexation of the Future Annexation Area to CFD No 2005-1 in the future and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the City Council on the issued discussed at the public hearing. SECTION 12 Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by publication in the legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. The City Clerk shall certify to the passage and adopted of this Resolution and enter it into the book of original Resolutions On motion by Council Member Luna and seconded by Council Member Clay,the foregoing Resolution is hereby adopted in its entirety on the following roll call vote- AYES Council Members Clay,Luna,Pacas, Scalise and Mayor O'Malley NOES None 1%W ABSENT None ADOPTED- January 24,2006 Cl Y OF ATASCADERO By Tom O'Malley, Mayor ATTEST A Marcia McClure Torgerson, C.M.C., City Clerk APPRO D S C � atric tity Attorney CITY OF ATASCADERO COMMUNITY FACILITIES DISTRICT NO 2005-1 (PUBLIC SERVICES) RATE AND METHOD OF APPORTIONMENT A Special Tax of Community Facilities District No. 2005-1 (Public Services) of the City of Atascadero ("CFD") shall be levied on all Assessor's Parcels in the CFD and collected each Fiscal Year commencing in Fiscal Year 2005-06 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below All of the real property in the CFD, 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 subdivision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560 "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or estimated costs incurred by the City as administrator of the CFD to determine, levy and collect the Special Taxes, including salaries, benefits and overhead costs of City employees whose duties are directly related to administration of the CFD and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to administer the CFD as determined by the City "Affordable Unit(s)" means dwelling units located on one or more Assessor's Parcels of Residential Property that are subject to deed restrictions, resale restrictions, and/or regulatory agreements recorded in favor of the City providing for affordable housing. Affordable Units will require annual application to the City for verification of their affordable housing status. The City will have the authority to approve and establish policies regarding Affordable Housing Dwelling Units and their status. Affordable dwelling units March 28,2005 1 of 8 City of Atascadero Community Facilities District No. 2005-1 (Public Services) shall be classified as Affordable Units by the CFD Administrator in the chronological order in which the building permits for such property are issued. "Annual Escalation Factor" means the greater of the increase in the five-year average of U.S City Average-All Urban Consumers Consumer Price Index (CPI) as determined by the Bureau of Labor Statistics or five percent (5%) "Approved Property" means an Assessor's Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May Vt preceding the Fiscal Year in which the Special Tax is being levied. The term "Approved Property" shall apply only to Assessors' Parcels and/or Lots, which have been subdivided for the purpose of residential or commercial development, excluding any Assessor's Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the CFD Administrator "Assessor's 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 "Base Year" means Fiscal Year ending June 30, 2006. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD" means Community Facilities District No 2005-1 (Public Services) of the City of Atascadero. "City" means the City of Atascadero "Council" means the City Council of the City of Atascadero, acting as the legislative body of the CFD "County" means the County of San Luis Obispo, California. "Developed Property" means all Taxable Property, exclusive of Property Owner Association Property, or Public Property, for which a building permit was issued after July 1, 2004 and prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Final Map" means an Assessor's Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder March 28,2005 2 of 8 City ofAtascadero Community Facilities District No.2005-1 (Public Services y "Fiscal Year" means the period starting July 1 and ending on the following June 30 "Land Use Class" means any of the classes listed in Table 1 "Lot" means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may potentially be issued. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that can be levied in the CFD in any Fiscal Year on any Assessor's Parcel. "Multi-Family Residence" means all Assessor's Parcels of Developed Property for which a building permit has been issued for a residential structure consisting of two or more residential units that share common walls, including, but not limited to, duplexes, triplexes, townhomes, condominiums, apartment units, and secondary units as defined in Ordinance No. 454 "Non Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for a non-residential use and does not contain any residential units as defined under Residential Property or Multi-Family Property "Park Services" means the estimated and reasonable costs for maintaining authorized parks within the City "Property Owner Association Property" means any property within the boundaries of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub-association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels within each Land Use Class. "Public Property" means any property within the boundaries of the CFD that is, at the time of the CFD formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency Once an Assessor's Parcel has been designated as Public Property, it shall retain such status permanently, unless transferred in accordance with the transfer provisions provided in Section G below "Public Safety Costs" means the estimated and reasonable costs of providing Public Safety services, including but not limited to (i) the costs of contracting for police and fire services, (ii) related facilities, equipment, vehicles, March 28,2005 3 of 8 City of Atascaderoi� r Community Facilities District No.2005-1 (Public Services) ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff if the City directly provides police and fire protection services, and (iv) City overhead costs associated with providing such services within the CFD The Special Tax provides only partial funding for Public Safety "Residential Unit" means any residence in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use. This includes Single-Family Residence and Multi-Family Residence. "Single-Family Residence " means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one residential dwelling unit. "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below "Special Tax Requirement" means that amount required in any Fiscal Year for the CFD to: (i) pay for Public Safety Costs; (ii) pay for Park Services; (iii) pay reasonable Administrative Expenses; (vi) pay any amounts required to establish or replenish any reserve funds; and (v) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less less any surplus of funds available from the previous Fiscal Year's Special Tax levy "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of the CFD that are not exempt from the Special Tax pursuant to law or as defined below "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, and (iii) property designated by the City or CFD Administrator as Tax Exempt Property "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property, including an Assessor's Parcel that is designated as a remainder parcel and is not identified as potential Public Property by any final document and/or maps available to the CFD Administrator March 28,2005 4 of 8 City of Atascadero Community Facilities District No. 2005-1 (Public Services) NOW B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the definitions above, all Taxable Property within the CFD shall be classified as Developed Property, Approved Property, Non-Residential Property, or Undeveloped Property Developed Property shall further be classified as Residential Units as specified in Table 1 and shall be subject to Special Taxes pursuant to Sections C and D below C. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 2005-1 (Public Services) Land Use Maximum Special Tax Class Description Per Unit 1 Residential Units $440 per Unit 2 Affordable Units $0 per Unit On each July 1 following the Base Year, the Maximum Special Tax Rates shall be increased in accordance with the Annual Escalation Factor 2. Approved Property TABLE 2 Maximum Special Tax for Approved Property Community Facilities District No. 2005-1 (Public Services) Land Use Maximum Special Tax Class Description Per Lot 3 Approved Property $231 per Lot On each July 1 following the Base Year, the Maximum Special Tax Rate shall be increased in accordance with the Annual Escalation Factor March 28,2005 5 of 8 City of Atascadero T Community Facilities Distract No. 2005-1 (Public Services) 3 Non-residential Property TABLE 3 Maximum Special Tax for Non Residential Property Community Facilities District No. 2005-1 (Public Services) Land Use Maximum Special Tax Class Description Per Acre 4 Non-Residential Property $1,848 per Acre The minimum special tax Non-Residential Property shall be subject to is $50 per parcel. On each July 1 following the Base Year, the Maximum Special Tax Rate for Non-Residential Property shall be increased in accordance with the Annual Escalation Factor 4 Multiple Land Use Classes In some instances an Assessor's Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor's Parcel. 5. Undeveloped Property Undeveloped Property will be assigned a Maximum Special Tax Rate of $410 per acre or portion thereof, with a minimum rate of $100 for Undeveloped Property less than or equal to one-forth (1/4) of an Acre as described in Table 1,, March 28,2005 6 of 8 City of Atascadero Community Facilities District No.2005-1 (Public Services) 4 . ..........„....................._............................................................................__........._................. TABLE 4 Maximum Special Tax for Undeveloped Property Community Facilities District No. 2005-1 (Public Services) Land Use Maximum Special Tax Class Description Per Parcel/Acre 5 Undeveloped Property $100 per Parcel 1/4 Acre 6 Undeveloped Property $410 per Acre >1/4 Acre On each July 1 following the Base Year, the Maximum Special Tax Rate, for Undeveloped Property, shall be increased in accordance with the Annual Escalation Factor err D METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2005-06, and for each following Fiscal Year, the CFD Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax until the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Developed Property Proportionately between Residential Units up to 100% of the applicable Maximum Special Tax. Second, if the Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Approved Property up to 100% of the applicable Maximum Special Tax for Approved Property Third, if the first two steps have not satisfied the Special Tax Requirement, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Non-Residential Property up to 100% of the applicable Maximum Special Tax for Non-Residential Property Lastly, if the preceding steps have not satisfied the Special Tax Requirement, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up to 100% of the applicable Maximum Special Tax for Undeveloped Property March 28,2005 7 of 8 City of Atascadero Community Facilitzes District No.2005-1 (Public Services) APPEALS 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 CFD Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer If the CFD Administrator verifies that the tax should be changed the Special Tax levy shall be corrected and, if applicable in any case, a refund shall be granted. MANNER OF COLLECTION Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD Administrator may directly 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 the CFD or as otherwise determined appropriate by the CFD Administrator TERM OF SPECIAL TAX The Special Tax shall be levied in perpetuity or until such time as Council terminates the Special Tax. March 28,2005 8 of 8 City ofAtascadero 114W Community Facilities District No. 2005-1 (Public Services)