HomeMy WebLinkAboutResolution 2015-012 RESOLUTION NO. 2015-012
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO
ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO.
2005-1 (PUBLIC SERVICES) AS ANNEXATION NO. 13, AND TO
AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN
WHEREAS. the CITY COUNCIL of the CITY OF AATASC',ADFRO. CALIFORNIA
(the "CitN Council' ). has preciously conducted proceedings to establish a community facilities
district pursuant to the terms and proxisions of the -Mello-Roos C'ommunitc Facilities Act of
1981'", as amended (the "Act'). Chapter 2.5, Part 1. Division '_, '1-itle S. commencing at Section
53311. of the Government Code of the State of California. thereof designated ac COMM[ NITY
FACILIIITS DISTRICT NO. 005-1 (PUBLIC SFRVICFS) ('CFD No. 2005-1'-): and.
WHEREAS. the Cit} Council has received a petition (including waixers) from the
landowner requesting that it annex into CFD No. 2005-1 under the Act. to pro%ide for the costs
of services. and the City Council now desires to commence proceedings to annex territorN into
CFD No. 1_005-1 as described herein; and
WHEREAS. under the Act, this Cite Council. as the legislative body for CFD No. 2005-
1, is empowered with the authorite to annex territorN to CFD No. 2005-1. and now desires to
undertake proceedings to annex territory to CFD No. '_0U5-I.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. Recitals. the aboNe recitals are true and correct.
SECTION 2. Public Convenience and Necessitc. This City Council herebc determines
that the public convenience and necessity requires that territorc be annexed into Cl 1) No. _1005-1
in order to pas the costs and expenses for the required and authorized public services.
SECTION 3. Boundaries. A general description of the territory included in the existing
CFD No. 2005-1 is hereinafter described as follows: All that property and territorN as originallc
included in the existing CFD No. 2005-1 heretofore recorded as Instrument No. 2005-037685 in
the office of the Counts Recorder for the Counts of San Luis Obispo on MaN 9. 2015 in Book 5
at Page Il-I, of Maps of Assessments and CommunaN Facilities Districts, to xchich map
reference is herebe made, and as such map was amended as a result of prior annexations.
A description of the boundaries and territorN proposed to be annexed is as follows: All that
property and territory proposed to be annexed to CFD No. 2005-1. is shown on the Annexation
Map for Annexation No. 13 to CFD No. '-005-1, on file in the Office of the Cite Clerk. the
boundaries of which territorN are herehe preliminary approved and to which map reference is
'"'� hereby made for further particulars. the area proposed to be annexed to C'FD No. 2005-1 is as
City of Atescadero
Resolution No. 2015412
Page 2 of 11
shown on the Annexation Map identified in Exhibit A. The City Clerk is hereby directed to cause
to be recorded such Annexation Map. showing the territory to be annexed, in the office of the
County Recorder of the County of San Luis Obispo within fifteen days of the date of adoption of
this resolution.
SECTION T. Sers ices. The services which CFD No. _1005-1 is authorized to finance are
in addition to those prmided in or required for the territory within CFD No. 2005-1 and xaill not
be replacing scryices already available. A general description of the services to be financed is as
follows:
POLICE: AND FIRE SERVICES
Police services and fire protection and suppression sen ices ithe
'Services') of the City of Atascadero required to sustain the senice
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. rehicles, ambulances and paramedics, tire
apparatus. services, supplies and personnel: prmided. however. that am
increases in special taxes for costs related to employcc wages and benefits
shall be limited as provided in the Rate and Method of Apportionment of
the Special Faxes to land such Services.
PARK SERVICE
... Park services of the Cite of Atascadero required for the operation and
maintenance of public parks.
I he Cite of Atascadero is authorized to finance and direct administrative and incidental annual
costs and expenses necessary to prmide the maintenance and servicing for public ser%ices. No
additional services will be necessary or prmided in CFD No. 2005-1 and the services as
described for CPD No. _1005-1 will serve the properties within CPD No. 1005-1. It is presently
intended that the scn ices will be provided, without preference or priority. to the existing territory
in CFD No. 1005-1 and the territory proposed to be annexed to CED No. '_0115-1 .
SECTION 5. Special Taxes. It is the intention of this Cit} Council that. except where
tunds are otherwise available, a special tax sufficient to pay for said services to be provided in
CED No. 2005-1 and Annexation No. 1 I secured by recordation of a continuing lien against all
non-exempt real propenv in Anneyation No. 13, will he levied annually within the boundaries of
Annexation No. 13 from and after the annexation of such property to CFD No. 2005-1. l he
special taxes shall be those as originally authorized through the formation of CFD No. 1_005-1
and adopted by Ordinance of this legislative bode. and no changes or modifications are proposed
in the special taxes from those as originally set forth and made applicable to CED No. 2005-1.
for particulars as to the rate and method of apportionment of the proposed special tax (the
"RMA' ). reference is made to the attached and incorporated Exhibit -13." which sets forth in
City of Atascadero
Resolution No.2015-012
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sufficient detail the method of apportionment to allow each landowner or resident tcithin
.Annexation No. 13 to clearly estimate the maximum annual amount that said person trill hayc to
pay on said special tax.
the special taxes, to the extent possible shall be collected in the same manner as ad valorem
propertt taxes and shall be subject to the same penalties, procedure, sale and lien priority in ane
case of delinquene) as applicable for ad valorem taxes: provided. howcter. CPD No. "1'005-1
ma} utilize a direct billing procedure lbr any special taxes that cannot he collected on the Count
tax roll or map, bN resolution. elect to collect the special taxes at a different time or in a different
manner if necessary to meet its financial obligations.
SECTION 6. Public Hearine. Notice is given that on Tuesday. April 14. "_015[ at 6:00
p.m. or as soon thereafter as the matter may be heard. in the regular meeting place of this C itN
Council at the City of Atascadero, Cit Hall Council Chambers, 6500 Palma Ave. 4tascadero,
California and the same are herebp appointed and fixed as the time and place when and where
this Cite Council. as legislative body for CFD No. ?005-1. trill conduct a public hearing on the
annexation of territory to ChD No. 1_00s-1. and consider and final[% determine tthether the
pubic interest. comenience and necessity require said annexation of territon to the CFD No.
100s-land the let y of said special tax therein.
SECTION 7. Notice. The City Clerk is herchc directed to cause notice of said public
hearing to be _icon by publication one time in a newspaper of general circulation in the area of
... CFD No. _'006-1. including the area to be annexed to CFD No. 2005-1. The publication of the
notice shall be completed at least seten days hefore the date herein set for said hearing. The CAN
Clerk may also cause a copy of such notice to he mailed to the registered voters and land ottners
within the territory proposed to annexed, tthich shall be mailed at least fifteen days before the
date of said hearing.
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Resolution No.2015-012
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On motion by Council Member Sturtevant and seconded b} Council Member Kelle}. the foregoing
Resolution is hereby adopted in its entirety'on the to]lowing roll call rote:
AYES: Council Members Potvi. Kel lei. Sturtevant. Mayor Pro Icm Moreno and
Ma\or C'Maller
NOES: None
ABSIN I None
ADOPTED: Eebruar% ?4. 1015
CITYCTF SC'ADERO
By:
Tom O'Mar
Attest:
Marcia McClure Torgei son. C M.C.. CitN Clerk
APPROVED AS TO F RM:
Brian A. Pierik, Cite Attomec
City of Ataseadero
Resolution No.2015-012
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EXI IIBI-I- "A"
CITY OF ATASCADERO
COMMUNITY FACILITIES DISTRICT 2005-1
(PUBLIC SERVICES)
ANNEXATION NO. 1
ANNEXA IION MAP
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City of Atascadero
Resolution No.2015-012
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Lk1IIMT "B"
CITY" OF ATASCADFRO
... COMMUNITY FACII.I MES DISTRICT 200>-I
I PUBLICSERVICES)
AVVIAA I ION NO. 13
RAT F. AND MFTHOD OF APPORTIONMEN I
City of Atascadero
Resolution No.2015-012
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OFATASCADERO
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 CFO, unless
exempted by law or by the provisions hereofshall be taxed for the purposesto 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 Mapthe 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 determinelevy and collect the Special Taxes, including salaries, benefits and overhead casts
of City employees whose duties are directly related to administration of the CFD and the fees of
consultantslegal counsel, the costs of collecting installments of the Special Taxes upon the general tax
rolls, preparation of required reportsand any other costs required to administer the CFD as determined
by the City.
"Affordable Uniti 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 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, five percent (5%) or the annual percentage change in
the Consumer Price Index (CPI) of All Urban Consumersforthe San Francisco-Oakland-San Jose Area
"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 leviedbut for
which no building permit has been issued prior to the May 1" preceding the Fiscal Year in which the
Special Tax is being levied. The term "Approved Property' shall apply only to Assessors' Parcels and/or
Lotswhich have been subdivided for the purpose of residential or commercial developmentexcluding
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
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Resolution No.2015-012
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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 Mapa 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
"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, includingbut not limited to, duplexes, triplexestownhomes 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 Assessors Parcels within each Land Use Class.
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Resolution No.2015-012
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'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.
"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, 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 livewhich 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 Assessors 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: (p pay for
Public Safety Costs, ( i) 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 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, Qi) 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
S. 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.
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Resolution No.2015-012
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C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
+.. TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-1 (Public Services)
j on r P _ I
Lantl Use Maximum S ectal Tax
Class _ Descnpuon _ PerUmt
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)
Lad Maximum Special Tax
�Class Description -Per Lot
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.
3. Non-residential Property
TABLE 3
Maximum Special Tax for Non-Residential Property
Community Facilities District No. 2005-1 (Public Services)
Land Use F Maximum Sped al Tax
Class Description Per Acre
Non-Residential
�_ Property - _ $1.848 Per Acrelll
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
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Resolution No.2015-012
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5. Undeveloped Property
Undeveloped Property will be assigned a Maximum Special Tax Rate of $410 per acre or portion
thereofwith a minimum rate of $100 for Undeveloped Property less than or equal to one-fourth (1/4) of
an Acre as described in Table 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 P 5100 per Parcel
roperty
1/4 Acre
Undeveloped Property
6 $410 per Acre
>il4 Acre
On each July 1 following the Base Year, the Maximum Special Tax Rate. for Undeveloped Propertyshall
be Increased in accordance with the Annual Escalation Factor
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.
E. 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 andif 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 casea refund shall be granted
F. 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 taxesprovided, 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
Cl Administrator.
G. TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity or until such time as Council terminates the Special Tax