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.
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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)
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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)