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HomeMy WebLinkAboutResolution 2005-034 RESOLUTION NO. 2005-034 ♦.. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as the "City Council'), has received a petition proposing to form a community facilities district from property owners owning more than ten percent (10%) of the property proposed to be included in the community facilities district and the City Council desires to initiate proceedings to create a community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Pan 1, Division 2, Title 5 of the Government Code of the State of California, (hereafter referred to as the "Act'), as amended, for the purpose of financing police services, fire protection and suppression services, and park services. This community facilities district shall hereinafter be referred to as City of Atascadere Community Facilities District No. 2005.1 (Public Services) (the "CFD"); and, WHEREAS, this City Council is now required to proceed to adopt its Resolution of Intention to initiate the proceedings for the establishment of such CFD, to set forth the boundaries for such CFD, to indicate the type of public services to be financed by such CFD, to indicate a rate and method of apportionment of special taxes proposed to be levied sufficient to yam, finance such services, to set a time and place for a public hearing relating to the establishment of such CFD; and, WHEREAS, a map of such CFD has been submitted showing the boundaries of the territory proposed to be included in the CFD which territory includes the properties and parcels of land proposed to be subject to the levy of a special tax by the CFD; NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Atascadero SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Initiation of Proceedings. These proceedings are initiated by this City Council pursuant to the provisions of the Act. SECTION 3. Boundaries of CFD. It is the intention of this City Council to establish the CFD pursuant to the provisions of the Act, and to determine the boundaries and parcels on which special taxes may be levied to finance certain services. A description of the boundaries of the territory proposed for inclusion in the CFD including properties and parcels of land proposed to be subject to the levy of a special tax by the CFD is as shown on the boundary map designated aE "BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES)," attached hereto as Exhibit A and hereby incorporated by reference. 14,W City of Atascadero Resolution No.2005-034 Page 2 of 7 ° SECTION 4. Name of CFD. The proposed community facilities district shall be known and designated as "City of Atascadero Community Facilities District No. 2005-1 (Public Services)." SECTION 5. Description of Services. It is the intention of this City Council to finance certain services that are in addition to those provided in or required for the territory within the CFD and will not be replacing services already available. A general description of the services to be provided is 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, related 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 maintenance of public parks. SECTION 6. Special Tax. It is hereby further proposed 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 CFD, will be levied annually within the boundaries of the CFD. Under no circumstances will the special tax authorized to be levied within the CFD be increased as a consequence of delinquency or default by the owner of any other parcel or parcels used for private residential purposes and located within the CFD by more than 10 percent. For further particulars as to the rate and method of apportionment of the special tax proposed to be levied within the CFD, reference is made to the attached and incorporated Exhibit B, which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the CFD to clearly estimate the maximum amount that such person will have to pay for such services. 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 City Treasurer or duly appointed officer or agent of the City of Atascadero, as appointe'd by the City Council. 'City of Atascadero Resolution No.2005-034 Page 3 of 7 SECTION 7. Public Hearing. Notice is given that on the 24th day of May, 2005, at the hour of 7 o'clock p.m., in the regular meeting place of the City Council being the Atascadero Lake Pavilion, located at 9315 Pismo Street, Atascadero, California 93422, a public hearing will be held where this City Council will consider the establishment of the proposed CFD, the proposed rate and method of apportionment of the special taxes proposed to be levied, and all other matters as set forth in this resolution of intention. At the above-mentioned time and place for public hearing any persons interested, including taxpayers and property owners may appear and be heard. The testimony of all interested persons for or against the establishment of the CFD, the extent of the CFD, or the furnishing of the services, will be heard and considered. Any protests may be made orally or in writing. However, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk of the City Council on or before the time fixed for the public hearing. Written protests may be withdrawn in writing at any time before the conclusion of the public hearing. If a written majority protest against the establishment of the CFD is filed, the proceedings shall be abandoned. If such majority protest is limited to certain services or portions of the special tax, those services or that tax shall be eliminated by the City Council. SECTION 8. Election. If, following the public hearing described in Section 7 above, the City Council determines to establish the CFD and proposes to levy a special tax within the CFD, the City Council shall then submit the levy of the special taxes to the qualified electors of the CFD. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within the CFD for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of the CFD, with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of the CFD who were the owners of record at the close of the subject hearing, with each landowners or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within the CFD. The elections 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 and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the ballots for the election shall be distributed to the qualified electors of the CFD by mail with return postage prepaid or by personal service, and the special elections shall be conducted as a mail ballot election. The election shall be conducted, at least 90 days, but not more than 180 days, following the adoption of the Resolution of Formation, pursuant to said Section 53326 and the provisions of the California Elections Code, unless otherwise waived with the unanimous consent of the qualified electors of the proposed CFD and the concurrence of the election official conducting the election. A successful election relating to the special tax authorization shall, as applicable, *r establish and/or change the appropriations limit as authorized by Article XIIIB of the California Constitution as it is applicable to this CFD. 'City of Atascadero Resolution No.2005-034 Page 4 of 7 SECTION 9. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by causing a Notice of Public Hearing to be published 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. In addition, notice of the time and place of said hearing shall also be given by first-class mail to each registered voter and to each landowner within the proposed CFD as prescribed by Section 53322.4 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 53322. SECTION 10. Exempt Properties. Pursuant to Section 53340 of the California Government Code, properties of entities of the state, federal, and local governments not subject to a leasehold interest shall be exempt from the levy of special taxes for the financing of the Services of the proposed CFD. SECTION 11. Necessity. The City Council finds that the proposed public services described in Section 5 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of the proposed CFD. SECTION 12. Annexation of Territory. Other property within the boundaries of the City may be annexed into the CFD upon the condition that parcels within that territory may be annexed only with the unanimous approval of the owner or owners of each parcel at the time that parcel or those parcels are annexed. fir+' City of Atascadero Resolution No.2005-034 Page 5 of 7 On motion by Mayor Pro Tem O'Malley and seconded by Council Member Luna, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Clay, Luna, O'Malley, Pacas and Mayor Scalise NOES: None ABSENT: None ADOPTED: April 12, 2005 CITY OF AT E By: Wendy S alis , ayor Attest: L - rrr Marcia McClure Torgerson,C.M.C.,` ity Clerk APPR D AS TO FORM: Pati i L. E ght, City Attorney A%r City of Atascadero Resolution No.2005-034 Page 6 of 7 DRAFT RESOLUTION B EXHIBIT A BOUNDARY MAP (Attached) City of Atascadero Resolution No.2005-034 Page 7 of 7 DRAFT RESOLUTION B EXHIBIT B RATE AND METHOD OF APPORTIONMENT (Attached) fir✓ �J 8 � O ' p� LID YID lk P, 10 pggg�$Nv z � f o +J b N iOp „tV ••�� ouopN O0A " r o'U��u Z A A r � 9 CA �z_ G rOO t a< � DEL L RIO RD. rGn > O in O Ngy Q. m ppOg >�R � m im Gly ` �# u' ; o ZOO 2p z � qm ' N N Z A f^pZi TQ Z��.�S'-}1 p RN Nn Zp Q' p6�N Q+ 0 4� = o N i 'Znr $ ga � trz 4>vn pQ9, z N O 4t A O � Q o T fN 7 "0 G IIA I a -n Cn 0 cn z c7 r C oo C)in o�,q �N S A qZN mO m m rNn A P w Z pW O m.)O O A N O O �c cP �Yr9 moo.. 'po a� 2 Z O � >n c N O � b .a .-a o � N 8 N Exhibit A K r fill 3 UGof SS c: � O 1 11 I If I Aj}�.j O rF-yI g y N N N N N Zp U U Lilly U O�.y 1�1 M�M lJ c W Z r O D o m 0 a y � mpp p C7 m 0 A -na> NSD $ o 0� -W m �7 HALCON � A N o (n Fn J Rq Dmo n� 0 > w U) i y O Z oy O O O o Cn i o U O ALONDRA RO• o �a5 2 •� 9N �dS N 2 8 �N � 8 o ~� r--!! — o 8 8 V' W O W Exhibit B +► 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) Exhibit B *Mr 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 1't 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. err "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. 1%W March 28,2005 2 of 8 City of Atascadero Community Facilities District No. 2005-1 (Public Services) Exhibit B "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, �rrr March 28,2005 3 of 8 City of Atascadero Community Facilities District No. 2005-1 (Public Services Exhibit B 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 ofAtascadero Community Facilities District No. 2005-1 (Public Services Exhibit B 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 ofAtascadero Community Facilities District No. 2005-1 (Public Services) Exhibit B 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 '�r+r March 28,2005 6 of 8 City of Atascadero Community Facilities District No. 2005-1 (Public Services) Exhibit B 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 ; 1 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 I%W 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. i March 28,2005 7 of 8 City of Atascadero Community Facilities District No. 2005-1 (Public Services) Exhibit B ,,,,• 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 Community Facilities District No. 2005-1 (Public Services)