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HomeMy WebLinkAbout7410_CCv0001.pdf RESOLUTION NO. 7410 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS CALLING SPECIAL ELECTION AND SUBMITTING TO THE QUALIFIED ELECTORS OF TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2004-1 OF THE CITY OF REDLANDS THE QUESTION OF LEVYING SPECIAL TAXES WITHIN THAT TERRITORY (ANNEXATION NO. 11) WHEREAS, the City Council (the "City Council") of City of the Redlands (the "City") has heretofore conducted proceedings for the establishment of and has established Community Facilities District No. 2004-1 of the City of Redlands, County of San Bernardino, State of California (the "Community Facilities District"), and the Community Facilities District has been authorized to annually levy special taxes to pay the costs of the maintenance of parks, parkways and open space, including, but not limited to, the maintenance of street trees and landscape, within the Community Facilities District and in the surrounding area, the costs associated with the determination of the amount of and levy and collection of special taxes which will be levied to provide the services, and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Fart 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982," to annex territory to the Community Facilities District; and WHEREAS, on May 6, 2014, the City Council adopted Resolution No. 7394, a resolution of intention to annex territory to the Community Facilities District pursuant to Section 53339.2 of the California Govermnent Code, determining that the public convenience and necessity require that certain property, consisting of approximately 7.98 acres, be annexed to the Community Facilities District and containing all of the matters prescribed by Section 53339.3 of said Code, and fixing 6:00 p.m. on June 17, 2014, and the meeting room of the City Council, as the time and place for a hearing upon said resolution; and WHEREAS, pursuant to said resolution, the City Clerk has published and mailed notice of the time and place of said hearing as required by Section 53339.4 of said Code; and WHEREAS, on June 17, 2014, at the time and place of said hearing, the City Council afforded all interested persons for or against the annexation of said property to the Community Facilities District an opportunity to present testimony and to protest against the proposed annexation of said property to the Community Facilities District, and no protests, either oral or in writing, were received; and I:�eclarklResolutions\Res 7400-74'9917410 REDLANDS CFD 2004-1 ANNEX I I -RESOLUrION CALLING ELECTION.doc WHEREAS, pursuant to Section 53339.7 of said Code, the City Council may now submit the question of levying a special tax within the territory proposed to be annexed to the Community Facilities District to the qualified electors within that territory, NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: Section 1. Findings. The City Council finds that: (i) the foregoing recitals are convect; (ii) less than 12 persons have been registered to vote within the territory proposed to be annexed to the Community Facilities District during the 90 days preceding the close of the public hearing held on June 17, 2014, and no persons are registered to vote therein, (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the Iandowners of the territory proposed to be annexed to the Community Facilities District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within said territory which would be subject to the proposed special taxes if they were levied at the time of the election; and (iv) pursuant to said Section 53326, the special election must be held at least 90 days, but not more than 180 days following the date of the adoption of this resolution. Section 2. Special Election. A special election is called for and shall be held on Tuesday, July 1, 2014, for the purpose of submitting to the qualified electors of the territory proposed to be annexed to the Community Facilities District the question of whether special taxes shall annually be levied within said territory to pay the costs of the maintenance of parks, parkways and open space, including, but not limited to, the maintenance of street trees and landscape, within the Community Facilities District and in the surrounding area, the costs associated with the determination of the amount of and levy and collection of special taxes which will be levied to provide the services, and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District pursuant to the Rates and Method of Apportionment of the Special Taxes, attached as Exhibit "B" to Resolution No. 7394. Section 3. Ballot Proposition. The proposition to be submitted on July 1, 2014, to the qualified electors of the territory proposed to be annexed to the Community Facilities District shall be as follows: First Proposition Shall special taxes be levied annually on taxable property within the territory proposed to be annexed to Community Facilities District No. 2004-1 of the City of Redlands, County of San Bernardino, State of California, to pay the costs of maintaining. parks, parkways and open space, including, but not limited to, the maintenance of street trees and landscape, within the Community Facilities District and in the surrounding area, and to pay costs associated with the determination of the amount of and the levy and collection of the special taxes at the special tax rates and pursuant to the method of 09960.4000018732774.1 -2- apportioning such special taxes set forth in Exhibit "B" to Resolution No. 7394 adopted by the City Council of the City of Redlands on June 17, 2014? Section 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk (the "City Clerk") pursuant to the provisions of the California Elections Code governing elections of cities, and the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable. Section 5. Election Procedures. The procedures to be followed in conducting said election shall be as follows: (a) Pursuant to Section 53326 of the California Government Code, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid. (b) Pursuant to applicable sections of the aforementioned provisions of the California Elections Code governing the conduct of mail ballot elections, including in particular Division 4 (commencing with Section 4000) of said Code, the City Clerk shall mail or deliver to each qualified elector an official ballot in the form attached hereto as Exhibit "A," and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of Resolution No. 7394. (c) The official ballot to be mailed by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner- voter's land ownership within the Community Facilities District. (d) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: the name of the landowner, the address of the landowner, a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, the printed name and signature of the voter, the address of the voter, the date of signing and place of execution of said declaration, and a notice that the envelope contains an official ballot and is to be opened only by the city clerk. 09960.00000\8732774.1 -3- (e) The information-to-voter form to be mailed by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by five (5) o'clock p.m. on the date of the election. (f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council as to the results of such canvass and the election on the proposition set forth in the official ballot. ADOPTED this 17th day of June, 2014. ?J—k- k Mayor of the City of Redlands ATTEST: Z��V4 Ci 1 o the City of Redlands 09950.0000018732774.1 -4- EXHIBIT "A" OFFICIAL BALLOT SPECIAL ELECTION FOR COMMUNITY FACILITIES DISTRICT NO. 2004-1 OF THE CITY OF REDLANDS COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA July 1, 2014 To vote, mark a cross (+) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Redlands and obtain another. PROPOSITION A: Shall special taxes be levied annually on taxable property within the territory proposed to be annexed to Community Facilities District No. 2004-1 of the City of Redlands, County of San Bernardino, State of California, to pay the costs of maintaining parks, parkways and open space, including, but not limited to, the maintenance of street trees and landscape, within the Community Facilities District and in the surrounding area, and to pay costs associated with the determination of the amount of and the levy and collection of the YES special taxes at the special tax rates and pursuant to the method of apportioning such special taxes set forth in Exhibit "B" to NO Resolution No. 7394 adopted by the City Council of the City of Redlands on June 17, 2014? 09960.00000\8732774.1 -5- CERTIFICATION 1, SAM IRWIN, City Clerk of the City of Redlands, California, do hereby certify that the foregoing Resolution was regularly adopted by the City Council of the City of Redlands at a regular meeting thereof held on the 17th day of June, 2014 by the following vote of the Council: AYES: Councilmembers Harrison, Foster, Gardner, Gilbreath; Mayor Aguilar NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of June, 2014. City Clerk City of Redlands, California -6- 09960.0000018732774.1 EXHIBIT "B" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 2004-1 OF THE CITY OF REDLANDS A Special Tax (the "Special Tax") shall be levied on and collected from each Parcel of Taxable Property (defined below) in Community Facilities District No. 2004-1 (the "District"), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2004, in an amount determined by the City Council of the City of Redlands, acting in its capacity, as the legislative body of the District (hereinafter as the "Council"), by applying the rate and method of apportionment set forth below. All of the real property in the District, unless exempted by law or by the provisions herein, shall be taxed for the purposes, to the extent, and in the manner provided herein. A. DEFINITIONS "Additional Maintenance" means the maintenance of landscaping for Parcels assi to a Special Tax Rate Category in addition to the Basic Maintenance, including, but not limited to, the maintenance of significant open space, citrus groves, and firebreaks and extensive medians and parkways. "Additional Maintenance Rate Per Bcaefit [knit" means the Special Tax Rate per Benefit Unit that will be levied in any Fiscal Year on Parcels of Taxable Prouertv assigned to a Special Tax Rate Category to pay the cost of Additional Maintenance, if any, for such Parcels, including, but not limited to. the City's administrative costs in levying and collecting the Special Tax and managing and administering the Additional Maintenance in such Fiscal Year. "Basic Maintenance" means the normal maintenance of basic landscaping within the District including, but not limited to, parkways, open space areas, medians and street trees and the associated maintenance of bushes, shrubs and ground cover. "Base Rate Per Benefit Unit" means the Special Tax Rate per Benefit Unit that will be levied in any Fiscal Year on all Parcels of Taxable Property in the District to pay the estimated cost of the Basic Maintenance, including, but not limited to. the City's administrative costs in levying and collecting the Special Tax and managing and administering the Basic Maintenance in such Fiscal Year. "Benefit Unit" means a Single-family residential lot or dwelling unit or the equivalent. Commercial property is assigned Benefit Units based on acreage with the basis being four (4) Benefit Units per acre, consistent with the average residential density in the City. Industrial Property is assigned Benefit Units based on acreage with the basis being two (2) Benefit Units per acre. Multi-family property is assigned 60 percent of one Benefit Unit per dwelling unit and Religious Property is assigned two (2) Benefit Units per acre. 09960.0000018730979.1 B-1 "City" means the City of Redlands. "Council" has the meaning set forth in the preamble. "Commercial Property" means any Parcel that is used for the purpose of selling, distributing or furnishing a product or service. "Development" means any approved development and/or improvement of property resulting in the recordation of a final map or the issuance of a building permit. "District" has the meaning set forth in the preamble. "Exempt Property" means property that is exempt from the IM of the Special Tax. including all publicly owned or dedicated property, sliver parcels, common lots, open space and any other property that cannot be developed. "Fiscal Year" means the period from and including July l' of any year to and including the following June 301h. "Industrial Property" means any Parcel that is used for the purpose of manufacturing a product. "Land Use Category" means any of the categories contained in Table 1 to which Parcels of Taxable Property are assigned consistent with the land use approvals that have been received or proposed for the Parcel as of March 1 preceding the beginning of a Fiscal Year. "Maximum Special Tax Rate(s)" means the Maximum Special Tax Rate(s) per Benefit Unit for Parcels in all Special Tax Rate Categories that can be levied by the Council in any Fiscal Year as determined pursuant to Section C. The Maximum Special Tax Rates per Benefit Unit for Parcels in all Special Tax Rate Categories including the Base Rate Per Benefit Unit and the Additional Maintenance Rate Per Benefit Unitas set forth in Table 2. shall be increased by the percentage increase in the Consumer Price Index (All Items) for Los Angeles — Riverside — Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or by two percent (2%), whichever is greater, on July 1, 2005 for Fiscal Year 2005-06 and on each subsequent July 1 for the Fiscal Year then commencing. "Multi-family Residential Property" means any Parcel of residential property that consists of a building or buildings comprised of attached residential units available for rental, but not purchase, by the general public and under common ownership and/or management. "Parcel" means a lot or Parcel of land that is identified by an Assessor's Parcel Number in the Tax Assessment Roll of the County Assessor of the County of San Bernardino. 09960.00000'8730979.1 B-2 "Religious Property" means any Parcel used as a place of worship or for other religious activities. "Single-family Residential Property" means any Parcel of residential property that is or will be_improved with a building comprised of attached or detached residential units available for purchase or rent by the general public. "Special Tax(es)" means the Special Tax to be levied in each Fiscal Year on each Parcel of Taxable Property. "Special Tax Rate Category" means any of the categories identified in Table 2 to which Parcels of Taxable Property in a Development are assigned based on the cost of the Basic Maintenance and the cost of the Additional Maintenance, if any, which will be provided to such Parcels. "Taxable Property" means Parcels that are not Exempt Property. 09960.00000',8730979.1 B-3 B. ASSIGNMENT TO LAND USE CATEGORY Parcels of Taxable Property in a Development shall be assigned to the appropriate Land Use Cateaory contained in Table 1. Such Parcels shall also be assigned to the appropriate _Special Tax Ratc Category contained in Table 2, based on the estimated cost for providing the Additional Maintenance, if any, to the Development. The Special Tax shall be levied upon and collected from each such Parcel for each Fiscal Year based on the Benefit Units which are assigned to the Parcel as a result of its assignment to the appropriate Land Use Category and Special Tax Rate Category, as provided in Sections C and D. TABLE 1 Land Use Category Land Use Category Description Benefit Unit(s) 1 Single-family One (1) / Residence Residential 2 Commercial Five (5) I Acre 3 Industrial Two (2) /Acre 4 Multi-family Six tenths (0.6)/ Residential Unit Residential 5 Religious Property Two (2) /Acre C. MAXIMUM SPECIAL TAX RATES The Maximum Special Tax Rate per Benefit Unit for each Parcel for each Fiscal Year shall be the total of the Base Rate Per Benefit Unit plus the Additional Maintenance Rate Per Benefit Unit for the Special Tax. Rate Category to which the Parcel is assigned. For Fiscal Year 2004-05 the Base Rate Per Benefit Unit and the Additional Maintenance Rate Per Benefit Unit for each Special Tax Category shall be the amounts set forth in Table 2 for such Special Tax Rate Cate oar . The Base Rates Per Benefit Unit and the Additional Maintenance Rates Per Benefit Unit for all Parcels in all Special Tax Rate Categories shall be increased by the percentage increase in the Consumer Price Index (All Items) for Los Angeles — Riverside — Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or by two percent (2%), whichever is greater, on July 1, 2005 for Fiscal Year 2005-06 and on each subsequent July 1 for the Fiscal Year then commencing. 09960.0000018730979.1 B-4 TABLE 2 Maximum Special Tax Rates Maximum Rates Per Benefit Unit Special Tax Additional Rate Category Base Rate Maintenance Rate A $250 $0 B $250 $100 C $250 $200 D $250 $300 E $250 $400 F $250 $500 G $250 $600 H $250 $700 I $250 $800 J $250 $900 K $250 $1,000 L $250 $1,100 M $250 $1,200 N $250 $1,300 0 $250 $1,400 P $250 $1,500 Q $250 $1,600 R $250 $1,700 S $250 $1,800 T $250 $1,900 U $250 $2,000 V $250 $2,100 W $250 $2,200 X $250 $2,300 Y $250 $2,400 Z $250 $2,500 09960.0000018730979.1 B-5 The Parcels which are to be included in the District at the time of its formation and which are identified in Table 3 shall be assigned to the Land Use Catcgory and the Special Tax Rate Category specified in Table 3. TABLE 3 Assignment to Land Use Category and Special Tax Rate Category Land Use Special Tax Rate Tract No. Category Category 16408 One (1) K D. METHOD OF APPORTIONMENT AND LEVY OF ANNUAL SPECIAL TAX For each Fiscal Year, commencing with Fiscal Year 2Q the Council shall (a) determine the cost of providing the Basic Maintenance in the District and the amount of the Base Rate Per Benefit Unit to be levied on Parcels of Taxable Property in the District to nay the cost of the Basic Maintenance, (b) determine the cost of providing the Additional Maintenance, if any, for each Special Tax Rate Category, as then applicable and the amount of the Additional Maintenance Rate Per Benefit Unit, f anv, to be levied on Parcels of Taxable Property in each Special Tax Rate Category to pay the cost the Additional Maintenance therefor; and (c) levy the Special Tax on all Parcels of Taxable Property in each Special Tax Rate Category, as then applicable. The amount of the Special Tax to be levied on any Parcel of Taxable Property_in any Fiscal Year shall be determined by multiplying the Benefit Units for the Parcel, depending on the Land Use Category to which it is assigned, by the Base Rate Per Benefit Unit and the Additional Maintenance Rate Per Benefit Unit, if any, determined pursuant to clauses (a) and (b) above, for the Special Tax Rate Category to which the Parcel is assigned. No Special Tax shall be levied on property which, at the time of adoption of the Resolution of Formation for the District, is Exeannt Property. E. FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to the District from time to time. As each annexation is proposed, an analysis will be prepared to determine the types and area of landscaping to be maintained. i.e., Basic Maintenance and/or Additional _Maintenance, if any, and the estimated annual cost of providing the Additional Maintenance, if any, to the property. Based on this analysis, the property to be annexed will be assigned to the appropriate Special Tax Rate Category contained in Table 2. 09960.0000018730979.9 B-6