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HomeMy WebLinkAbout6274_CCv0001.pdf RESOLUTION NO. 6274 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS WITH RESPECT TO FORMATION OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2004-1 OF THE CITY OF REDLANDS WHEREAS, the City Council of the City of Redlands (the "City Council") has received a written petition from the owner of certain real property within the City of Redlands (the "City") requesting that the City Council initiate proceedings for the formation of a community facilities district pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code,commonly known as the"Mello-Roos Community Facilities Act of 1982," for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property, and agreeing to the annual levy of special taxes on said property sufficient to pay the costs of such services and costs incidental thereto; and WHEREAS, Section 53313(d)of the California Government Code provides that a community facilities district may be established to finance certain types of services, including the maintenance of parks, parkways and open space; and WHEREAS,pursuant to Section 53320 of the California Government Code,the City Council is required upon receiving such a written petition to adopt a resolution of intention to establish a community facilities district; NOW,THEREFORE, BE IT RESOLVED,DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: Section 1. Proposed District. A community facilities district is proposed to be established under the terms of Chapter 2.5 (commencing with Section 53311)of Part 1 of Division 2 of Title 5 of the California Government Code,commonly known as the"Mello-Roos Community Facilities Act of 1982." The name proposed for the community facilities district is "Community Facilities District No. 2004-1. of the City of Redlands, County of San Bernardino, State of California." Section 2. Description and Map of Boundaries. The boundaries of the territory proposed for inclusion in the proposed community facilities district are described and shown on the map entitled "Boundaries of Community Facilities District No. 2004-1 of the City of Redlands, County of San Bernardino, State of California," which is on file with the City Clerk. Said snap is approved and,pursuant to Section 3110 of the California Streets and Highways Code,the City Clerk shall,after complying with the ether requirements of Section 3111 of said Code,record the original of said map in her office, and not later than 15 days prior to the date of the public hearing set forth in Section 7 hereof shall file a copy of said boundary map with the County Recorder of the County of San Bernardino. Section 3. Types_ofServices;IncidentalEx ep nses. It is proposed that the proposed community facilities district shall provide and finance 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 proposed community facilities district and in the surrounding area, and shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to cavy out the authorized purposes of the community facilities district. Section 4. Special Taxes. Except where funds are otherwise available,special taxes sufficient to pay the costs of the services provided for in Section 3 above and the annual administrative expenses of the City and the proposed community facilities district in determining, apportioning.,levying and collecting such special taxes, shall be annually levied within the proposed community facilities district. Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. However, under no circumstances shall the special tax levied against any parcel subject to the levy of the special tax pursuant to the rates and method of apportionment be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the community facilities district by more than ten(10)percent. The rates and method of apportionment of said special taxes shall be as set forth in Exhibit "A" attached hereto and by this reference made a part hereof. Section 5. Exempt Properties. Pursuant to Section 53340 of the California Government Code,properties of entities of the state, federal,and local governments shall be exempt from the levy of special taxes of the proposed community facilities district. Section 6. Necessity. The City Council finds that the services described in Section 3 hereof are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of the proposed community facilities district. Section 7. Hearing. A public hearing on the formation of the proposed community facilities district shall be held at 7:00 p.m. on June 15, 2004, in the City Council Chambers at the City of Redlands Civic Center, 35 Cajon Street, Redlands, California. Section S. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the California Government Code,and shall also give notice of the time and place of said hearing by first-class mail to each registered voter and to each landowner within the proposed community facilities district 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 9. Report. The officers of the City who are responsible for providing the services to be financed by the proposed community facilities district, if it is established, are hereby directed, pursuant to the requirements of Section 53321.5 of the California Government Code to study the proposed community facilities district and, at or before the time of said hearing, file or cause to be filed a report with the City Council containing a brief description of the services by type -2- and an estimate of the cost of providing those services and the incidental expenses to be incurred in connection therewith. All such reports shall be made a part of the record of the hearing to be held pursuant to Section 7 hereof. Section 10. Description of Voting Procedures. The voting procedures to be followed in conducting the special election on(i)the proposition with respect to the levy of special taxes on the land within the community facilities district to pay the costs of providing the services to be provided by the community facilities district, and (ii) the proposition with respect to the establishment of an appropriations limit for the community facilities district in the amount of $5,000,000, if the community facilities district is established and such special election(the"special election') is held, shall be as follows: (a) If at least twelve(12)persons have been registered to vote within the territory of the proposed community facilities district for each of the ninety(90) days preceding the close of the public hearing, the vote in the special election shall be by the registered voters of the proposed community facilities district with each voter having one vote. In that event,the special election 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 special election shall be distributed to the qualified electors of the community facilities district by mail with return postage prepaid or by personal service, and the special election shall be conducted as a mail ballot election pursuant to Division 4 (commencing with Section 4000) of the California Elections Code. (b) If twelve(12)persons have not been registered to vote within the territory of the proposed community facilities district for each of the ninety(90)days preceding the close of the public hearing, and pursuant to Section 53326 of the California Government Code, the vote is therefore to be by the landowners of the proposed community facilities district,with each landowner of record at the close of the public hearing having one vote for each acre or portion of an acre of land that he or she owns within the proposed community facilities district,the special election shall be conducted by the City Clerk as follows: (1) The special election shall be held on the earliest date, following the adoption by the City Council of the resolution of formation establishing the community facilities district pursuant to Section 53325.1 of said Code,and a resolution pursuant to Section 53326 of said Code submitting the propositions with respect to (i) the levy of special taxes to pay the costs of providing the services to be provided by the community facilities district,and(ii)establishing of an appropriations limit therefor to the qualified electors of the proposed community facilities district, upon which such elections can be held pursuant to said Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the proposed community facilities district and the City Clerk agree and concur is acceptable. (2) Pursuant to said Section 53326, the special election may be held earlier than ninety(90)days following the close of the public hearing if the qualified electors of the community facilities district waive the time limits for conducting the election set forth in said Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors. -3- (3) Pursuant to said Section 53326, ballots for the special election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service. (4) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000)of the California Elections Code with respect to elections conducted by mail,the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the special election, 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 statement pursuant to Section 9401 of said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of said Code with respect to the ballot propositions contained in the official ballot, arguments and rebuttals, if any, pursuant to Sections 9281 to 9287,inclusive,and 9295 of said Code,a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of the resolution of formation establishing the community facilities district, adopted by the City Council pursuant to Section 53325.1 of the California Government Code; provided, however, that such analysis and arguments may be waived with the unanimous consent of all the landowners. (5) The official ballot to be mailed or delivered 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 propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within the community facilities district. (+6) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty ofper'ury 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, (iv) the printed name and signature of the voter,(v)the date of signing and place of execution of said declaration, and(vi) a notice that the envelope contains an official Fallot and is to be opened only by the City Clerk. (7) The instructions to voter form to be mailed or delivered 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 5:00 p.m. on the date of the election, -4- (8) 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 special election, and shall file a statement with. the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot. The procedures set forth in this section for conducting the special election,if they are held, may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council. ADOPTED this 4th day of May, 2004. May6r of the City ofVP ands ATTEST: City CIA of the C` f edlands -5- CERTIFICATION I, Lorne Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 4th day of May, 2004, by the following vote: AYES: Councilmembers Gil, Gilbreath, George, Harrison; Mayor Peppler NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE OFFICIAL SEAL OF THE City of Redlands this 4th day of May, 2004. _.y Lorne oyzer, City r APPENDIX "A" 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 assigned 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 Benefit Unit"means the Special Tax Rate per Benefit Unit that will be levied in any Fiscal Year on Parcels of Taxable Property 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. A - 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 building permit. "District" has the meaning set forth in the preamble. "Exempt Property" means property that is exempt from the Ievy 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 I'of any year to and including the following June 30". "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 I preceding the beginning of 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 Ievied 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 Unit, as set forth in Table 2, shall be increased by the percentage increase in the Consumer Price Index (All Items) for Los Angeles — Riverside -- ©range 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 propertythat 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. "Religious Property" means any Parcel used as a place of worship or for other religious activities. A - 2 "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 ? 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. A - 3 B. ASSIGNMENT TO LAND USE CATEGORY Parcels of Taxable Property in a Development shall be assigned to the appropriate Land Use Category contained in Table 1. Such Parcels shall also be assigned to the appropriate Special Tax Rate 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)/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 Category. 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. A - 4 TABLE 2 Maximum Special Tax Rates Maximum Rates Per Benefit Unit Special Tax Additional Rate CategorX 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 1 $250 $800 J $250 $900 K $250 $1,000 L $250 $1,100 M $250 $1,200 N $250 $1,300 O $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 A - 5 The Parcels which are to be included in the District at the time of its fon-nation and which are identified in Table 3 shall be assigned to the Land Use Category 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 Far each Fiscal Year,commencingwith Fiscal Year 2004-05,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 pay 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, if any, 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 Exempt 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. A - 6