HomeMy WebLinkAboutResolution 2020-050RESOLUTION NO. 2020-050
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. 20, AND TO
AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN
WHEREAS, the City Council of the City of Atascadero. California (the "City
Council"), has previously conducted proceedings to establish a community facilities district
pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of
1982", as amended (the "Act'), Chapter 2.5, Part 1. Division 2, Title 5, commencing at Section
53311, of the Government Code of the State of California, thereof designated as COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) ("CFD No. 2005-1"); and
WHEREAS, the City Council has received a petition (including waivers) from the
landowner requesting that it annex into CFD No. 2005-1 under the Act, to provide for the costs
of services, and the City Council now desires to commence proceedings to annex territory
into CFD No. 2005-1 as described herein; and
WHEREAS, under the Act, this City Council, as the legislative body for CFD No.
2005-1, is empowered with the authority to annex territory to CFD No. 2005-1 and now
desires to undertake proceedings to annex territory to CFD No. 2005-1.
Ic I NOW, THEREFORE BE IT RESOLVED, by the City council of the City of
Atascadero:
SECTION 1. Recitals. The above recitals are true andeorrect.
SECTION2. Public Convenience and Necessity. This City Council hereby determines
that the public convenience and necessity requires that territory be annexed into CFD No. 2005-
I 1 in order to pay 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 territory as originally
included in the existing CPD No. 2005-1 heretofore recorded as Instrument No. 2005-037685 in
the office of the County Recorder for the County of San Luis Obispo on May 9, 2005 in Book 5
at Page 11-13 of Maps of Assessments and Community Facilities Districts, to which map
reference is hereby made, and as such map was amended as a result of prior annexations.
A description of the boundaries and territory 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. 20 to CFD No. 2005-1, on file in the Office of the City Clerk, the
boundaries of which territory are hereby preliminarily approved and to which map reference is
hereby made for further particulars. The area proposed to be annexed to CFD No. 2005-1 is as
shown on the Annexation Map identified in Exhibit A attached hereto and incorporated herein by this
reference.. The City Clerk is hereby directed to cause to be recorded such Annexation Map,
showing the territoryto 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.
City of Atascadero
Resolution No. 2020-050
Page 2 of 3
SECTION 4. Services. The services which CFD No. 2005-1 is authorized to finance n
are in addition to those provided in or required for the territory within CFD No. 2005-I and I
will not be replacing services 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 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 SERVICES
Park services of the City of Atascadero required for the operation and maintenance
of public parks.
The City of Atascadero is authorized to finance and direct administrative and incidental annual
costs and expenses necessary to provide the maintenance and servicing for public services. No
additional services will be necessary or provided in CFD No. 2005-1 and the services as
described for CFD No. 2005-1 will serve the properties within CFD No. 2005-1. It is presently
intended that the services will be provided, without preference or priority, to the existing
territory in CFD No. 2005-1 and the territory proposed to be annexed to CFD No. 2005-1.
SECTION 5. Special Taxes. It is the intention of this City Council that, except where
funds are otherwise available, a special tax sufficient to pay for said services to be provided
in CFD No. 2005-1 and Annexation No. 20, secured by recordation of a continuing lien against
all non-exempt real property in Annexation No. 20, will be levied annually within the
boundaries of Annexation No. 20 from and after the annexation of such property to CFD
No. 2005-1. The special taxes shall be those as originally authorized through the formation
of CFD No. 2005-1 and adopted by Ordinance of this legislative body, and no changes or
modifications are proposed in the special taxes from those as originally set forth and made
applicable to CFD 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 'B," attached
hereto and incorporated herein by this reference, which sets forth in sufficient detail the method of
apportionment to allow each landowner or resident within Annexation No. 20 to clearly
estimate the maximum annual amount that said person will have to pay on said special tax. Per
the RMA and the Council's adopted policy on the RMA inflator, the levy for the 2020/2021
fiscal year is projected to be $706.70 per developed residential unit. Deed restricted affordable
units are exempt from the special tax.
The special taxes, 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
City of Atascadero
Resolution No. 2020-050
Page 3 of 3
priority in any case of delinquency as applicable for ad valorem taxes; provided, however,
CFD No. 2005-1 may utilize a direct billing procedure for any special taxes that cannot be
collected on the County tax roll or may, by 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 Hearing. Notice is given that on Tuesday, August 11, 2020, at
6:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of
this City Council at the City of Atascadero, City Hall Council Chambers. 6500 Palma Ave.
Atascadero, California, and the same are hereby appointed and fixed as the time and place
when and where this City Council, as legislative body for CFD No. 2005-1, will conduct a
public hearing on the annexation of territory to CFD No. 2005-1, and consider and finally
determine whether the public interest, convenience and necessity require said annexation of
territory to the CFD No. 2005-1 and the levy of said special tax therein.
SECTION 7. Notice. The City Clerk is hereby directed to cause notice of said public
hearing to be given by publication one time in a newspaper of general circulation in the area
of CFD No. 2005-1, including the area to be annexed to CFD No. 2005-1. The publication of
the notice shall be completed at least seven days before the date herein set for said hearing. The
City Clerk may also cause a copy of such notice to be mailed to the registered voters and
lando w n e r s within the territory proposed to annexed, which shall be mailed at least fifteen
days before the date of said hearing.
PASSED AND ADOPTED at a regular meeting of the City Council held on the 23rd day
of June, 2020.
On motion by Council Member Funk and seconded by Mayor Pro Tem Bourbeau, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Bourbeau, Fonzi, Funk, Newsom and Mayor Moreno
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ATASCADERO
�A
Heather Moreno, Mayor
ATTEST:
Iia �� QiL1 uha c41
(oar Lara K. Chris ensen,City_ er
APPROVED AS TO FORM:
O' /" j /1 4�
Brian A. Pierik, City Attorney
I
FLL® IN ME OFFICE OF ME CTIY CLEIK, CITY OF
AIASCADERO, MIS_ DAY OF 20_
CTIY CLERK
CITY OF ATASCADERO
EXHIBIT A
ANNEXATION NO. 20 BOUNDARY MAP
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES)
CITY OF ATASCADERO
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
1 HEREBY CERTIFY MAT ME WITHIN MM SHOWING PROPOSED
BOUNDARIES OF ANNEXATION NO, 20 TO THE CITY OF ATASCADERO
COMMUNITY FACILITIES DISTRICT NO. 2815-I (PUBLIC SERVICES),
CITY OF ATASCADERO, COUNTY OF SAN LUIS OBISPO, STATE
OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CTN OF
ATASCADERO, AT A R15G UAR MEETING THEREOF, HEIR M ME
MY OF 20�
BY RESOLUTION NO.
CTIY CLERK
COY OF ATASCADERO
RECORDED MIS _ MY OF 20_ AT ME
HOUR OF _ OYLOO( _M IN BOOK PM _ OF MAPS OF
ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN ME OFFICE
OF ME C'OlINi1' RECORDER, IN ME COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA.
FEE: NO.:
TOMMY GONG, COUNTY CLERK, RECORDER
BY:
COUNTY CLERK, SAN LUIS OBISPO COUNTY
REFERENCE IS HEREBY MADE TO THAT BOUNDARY NAP OF THE CITY
OF ATASCADERO COMMUNITIFACILITIES OISTRIC NO. 20011
(PUBLIC SERVICES) RECORDED WITH ME SAN LUIS OB15M COUNTY
RECORDER'S OFFICE ON MAY 9, 2005, DOCUMENT NO. 3005-037685
IN BOOK 5 PAGES 11-13 OF MAPS OF ASSESSMENT AND COMMUNITY
FACILITIES 0151RICM.
VICINITY MAP
(NOT TO SCALE)
ANNEXATION
NOT
MIS BDIRNMHY NAP CORRECTLY SNOWS INF BOVNDARRS OF
THE CQM4UVOT fiaLME5 DL UCT FOR DEFARS
CONCERNING ME LINES AND DINENSILWS OF LOTS OR
PAROLS REFER 10 THE CUINry ASSESSOt3 MApS FOR FECAL
YEAR 20M202L.
LEGEND
N
w CELUra
W E
1D.1
6
0 100 200 400 600 Feel
nX-nX4tXX MMSSONPARCELNULMER
M:IDIS-As ssmengAbsCNerolCF 2005-1 AnneA20.mRU
EXHIBIT B
RATE AND METHOD OF APPORTIONMENT
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 ofCalifornia.
"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 theirstatus.
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 Consumers" for the 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 1 st 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 s' 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
n
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 assessors 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.
"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. 1 1
PER
"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 publicagency.
"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 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.
MEN S ecial Tax Requirement" means that amount required in an Fiscal Year for the CFD to: i
"Special q q y (') 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 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.
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
Class
Description
Maximum Special Tax
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
Class
Description
Maximum Special Tax
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.
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
$1.848 per Acre
Property
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, s�
with 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
I
Maximum Special Tax
Class
Description
Per Parcel/Acre
5
Undeveloped Property
$100 per Parcel
_
1Acre
!4
6
Undeveloped Property
$410 per Acre
>1A 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
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 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 begranted.
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 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.
G. TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity or until such time as Council terminates the Special Tax.
ONO