HomeMy WebLinkAboutResolution - 3579 STATE OF CALIFORNIA ) RESOLUTION NO. 3579
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO ESTABLISHING COMMUNITY FACILITIES
DISTRICT NO. 2015-1 OF THE CITY OF SAN JACINTO,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND
ESTABLISHING THE BOUNDARIES THEREOF
WHEREAS, on May 5, 2015, the City Council (the "City Council") of the
City of San Jacinto (the "City") has heretofore adopted Resolution No. 3568 stating that
a proposed community facilities district to be known as "Community Facilities District
No. 2015-1 of the City of San Jacinto (Supplemental Special Tax to Rancho San
Jacinto, Phase 2), County of Riverside, State of California" (the "Community Facilities
District"), is proposed to be established 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" (the "Act'), and
fixing the time and place for a public hearing on the formation of the Community
Facilities District; and
WHEREAS, it is proposed (i) that the Community Facilities District be
formed for the purposes of (a) the payment of a portion of the principal of and interest
on a portion of special tax bonds issued with respect to CFD No. 2002-1, as described
in the Rate and Method of Apportionment, and incidental expenses thereof and (b)
incidental expenses including, but not limited to, all costs associated with the formation
of the proposed community facilities district, issuance of the bonds thereof, the
determination of the amount of and collection of taxes, and costs otherwise incurred in
order to carry out the authorized purposes of the community facilities district and (ii) that
the Community Facilities District be authorized to issue bonds and incur a bonded
indebtedness for the purpose of financing items (a) and (b) above in the aggregate
principal amount not to exceed $5,500,000; and
WHEREAS, notice was published and mailed to the owner of the property
in the Community Facilities District as required by law relative to the intention of the City
Council to establish the Community Facilities District, the levy of special taxes therein,
the provision of public facilities therein and the incurring of a bonded indebtedness by
the Community Facilities District, and of the time and place of the public hearing; and
WHEREAS, on June 18, 2015, the City Council conducted the public
hearing as required by law relative to the formation of the Community Facilities District,
the levy of special taxes therein to finance the payment of a portion of the debt service
on the San Jacinto Financing Authority 2002 Local Agency Revenue Bonds, Series A
(Tranches A through D) (the "2002 Bonds"), and the incurring of a bonded indebtedness
by the Community Facilities District; and
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WHEREAS, prior to the commencement of the public hearing there was
filed with the City Council a report (the "Report") containing a description of the public
facilities required to meet the needs of the Community Facilities District, and an
estimate of the costs of such facilities, as required by Section 53321.5 of the California
Government Code; and
WHEREAS, at the public hearing all persons desiring to be heard on all
matters pertaining to the formation of the Community Facilities District, the levy of the
special taxes therein, the provision of public facilities therein, and the incurring of the
bonded indebtedness thereby were heard, and a full and fair hearing was held; and
WHEREAS, at the public hearing evidence was presented to the City
Council on the matters before it, and the City Council at the conclusion of the hearing
was fully advised as to all matters relating to the formation of the Community Facilities
District, the levy of the special taxes therein, the provision of public facilities therein and
the incurring of the bonded indebtedness thereby; and
WHEREAS, the City Council may, therefore, proceed to establish the
Community Facilities District;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED
BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO AS FOLLOWS:
Section 1. Findings. The City Council finds as follows:
(a) All of the preceding recitals are true and correct;
(b) On June 18, 2015, pursuant to notice thereof duly given as
provided by law, the City Council conducted a public hearing with respect to the
formation of the Community Facilities District, the incurring of a bonded indebtedness by
and for the Community Facilities District, the annual levying of specified special taxes
on the taxable property within the Community Facilities District to pay principal of and
interest on bonds to be issued by and for the Community Facilities District to finance a
portion of debt service on the special tax bonds which are described in Section 3 hereof;
(c) The boundary map of the Community Facilities District was
recorded on May 20, 2015, pursuant to Sections 3111 and 3113 of the California
Streets and Highways Code in Book 78 of Maps of Assessment and Community
Facilities Districts, at page 32, and as Instrument No. 2015-0210517 in the official
records of the County of Riverside;
(d) All prior proceedings with respect to the formation of the
Community Facilities District prior to and during the hearing with respect to the
formation of the Community Facilities District which was conducted by the City Council
on June 18, 2015, were valid and in conformity with the requirements of the Act;
(e) No written protests were received, at or prior to the time of the
hearing, against the formation of the Community Facilities District, or the levying of the
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special taxes, or the incurring of a bonded indebtedness by the Community Facilities
District, or the furnishing of specified types of public facilities or services, and the
special taxes, facilities and services have not, therefore, been eliminated by majority
protest pursuant to Section 53324 of the California Government Code;
(f) The City Council is, therefore, authorized to adopt a resolution of
formation pursuant to Section 53325.1 of the California Government Code for the
formation of Community Facilities District No. 2015-1 of the City of San Jacinto
(Supplemental Special Tax to Rancho San Jacinto, Phase 2), County of Riverside,
State of California, and the Community Facilities District should be established; and
(g) Twelve persons have not been registered to vote within the territory
of the Community Facilities District for each of the 90 days preceding the close of the
public hearing on June 18, 2015; and, pursuant to Section 53326 of the California
Government Code, the vote in the special elections provided for in Section 10 hereof
shall be by the landowners of the Community Facilities District whose property would be
subject to the special taxes if they were levied at the time of the elections, and each
landowner shall have one vote for each acre, or portion thereof, which he or she owns
within the Community Facilities District which would be subject to the proposed special
taxes if they were levied at the time of the elections.
Section 2. Formation of District. Community Facilities District No.
2015-1 of the City of San Jacinto (Supplemental Special Tax to Rancho San Jacinto,
Phase 2), County of Riverside, State of California, is hereby established. The
boundaries of the Community Facilities District are shown and described on the map
entitled "Boundaries of Community Facilities District No. 2015-1 (Supplemental Special
Tax to Rancho San Jacinto, Phase 2) of the City of San Jacinto, County of Riverside,
State of California," which is on file with the City Clerk (the "Clerk"), and those
boundaries are hereby established.
Section 3. Types of Facilities and Incidental Expenses.
(a) The cost of payment of a portion of the principal of and interest on a
portion of special tax bonds issued with respect to CFD No. 2002-1 as described in the
Rate and Method of Apportionment, and incidental expenses thereof; and
(b) The incidental expenses which will be incurred are: all costs
associated with the formation of the proposed community facilities district, issuance of
the bonds thereof, the determination of the amount of and collection of taxes, and costs
otherwise incurred in order to carry out the authorized purposes of the community
facilities district.
Section 4. Special Taxes. Except where funds are otherwise available,
special taxes sufficient to pay for all public facilities and to pay the principal of and
interest on the bonds of the proposed community facilities district and the annual
administrative expenses of the City and the proposed community facilities district in
determining, apportioning, levying and collecting such special taxes, and in paying the
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principal of and interest on such bonds and the costs of registering, exchanging and
transferring such bonds, secured by the recordation of a continuing lien against all
taxable or nonexempt property in the proposed community facilities district, shall be
annually levied within the proposed community facilities district.
The rate and method of apportionment of special taxes to be levied on
parcels of taxable property to pay the principal of and interest of the bonds of the
proposed community facilities district which may be issued and sold to finance a portion
of debt service on the CFD 2002-1 Bonds shall be as set forth in Exhibit "A" attached
hereto and by this reference made a part hereof.
The maximum amounts of special taxes which may be levied in any year
on parcels within the proposed community facilities district which are used for private
residential purposes ("Residential Property") are specified in dollar amounts in Exhibit
"A" hereto. Special taxes shall not be levied on any Residential Property to pay the
principal of and interest on the outstanding bonds of the community facilities district
after the tax or fiscal year beginning on July 1, 2015 and ending on June 30, 2038, and
that fiscal year shall be the last tax year in which special taxes shall be levied on
Residential Property for such purpose. Under no circumstance shall the special taxes
levied on any Residential Property be increased as a consequence of delinquency or
default by the owner of any other parcel or parcels within the proposed community
facilities district by more than 10 percent of the prior year's levy.
The conditions under which the obligation to pay the special taxes may be
prepaid and permanently satisfied are as set forth in Exhibit "A" hereto.
Pursuant to Section 53340 of the California Government Code, said
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.
Upon recordation of a notice of special tax lien pursuant to Section 3114.5
of the California Streets and Highways Code, a continuing lien to secure each levy of
the special taxes shall attach to all non-exempt real property in the proposed community
facilities district and that lien shall continue in force and effect until the special tax
obligation is prepaid and permanently satisfied and the lien canceled in accordance with
law or until collection of the special taxes ceases.
Section 5. Exempt Property. Pursuant to Section 53340 of the
California Government Code, and except as provided in Section 53317.3 of said Code,
properties of entities of the state, federal, and local governments shall be exempt from
the levy of special taxes.
Section 6. Necessity. The City Council finds that the proposed use of
the special taxes are necessary.
Section 7. Report. The Report is hereby approved and is made a part of
the record of the public hearing regarding the formation of the Community Facilities
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District, and is ordered to be kept on file with the City Clerk as part of the transcript of
these proceedings.
Section 8. Repayment of Funds Advanced or Work-in-Kind. Pursuant
to Section 53314.9 of the California Government Code, the City Council proposes to
accept advances of funds or work-in-kind from private persons or private entities and to
provide, by resolution, for the use of those funds or that work-in-kind for any authorized
purpose, including but not limited to, paying any costs incurred by the City in creating
the proposed community facilities district, and to enter into an agreement, by resolution,
with the person or entity advancing the funds or work-in-kind to repay funds advanced,
or to reimburse the person or entity for the value, or cost, whichever is less, of the work-
in-kind, as determined by the City Council.
Section 9. Prohibition of Owner Contracts. Pursuant to Section
53329.5 of the California Government Code, the City Council finds that the public
interest will not be served by allowing the owners of property within the Community
Facilities District to enter into a contract in accordance with subdivision (a) of that
section, and that such owners shall not be permitted to elect to perform the work and
enter into a written contract with the City Council for the construction of the public
facilities pursuant to said Section 53329.5.
Section 10. Description of Voting Procedures. Except as otherwise
provided in this section, the consolidated special elections on the propositions identified
below shall be conducted by the City Clerk in accordance with the provisions of the
California Elections Code governing mail ballot elections of community facility districts,
insofar as they may be applicable. The voting procedures to be followed by the City
Clerk in conducting the consolidated special elections on (i) the proposition with respect
to the Community Facilities District incurring bonded indebtedness in an amount not to
exceed $5,500,000, (ii) the proposition with respect to the levy of special taxes on the
land within the Community Facilities District to pay a portion of the principal of and
interest on the San Jacinto Financing Authority 2002 Local Agency Revenue Bonds,
Series A (Tranches A through D) (the "2002 Bonds") may be issued and sold to finance
such payment, or to pay or accumulate funds for paying the costs of such payment, and
(iii) the proposition with respect to establishing an appropriations limit for the Community
Facilities District in the amount of $1,000,000 shall be as follows:
(a) The consolidated special elections shall be held on the earliest
date, following the adoption by the City Council of this resolution, the resolution
determining the necessity for the Community Facilities District to incur a bonded
indebtedness pursuant to Section 53351 of the California Government Code, and a
resolution pursuant to Section 53326 of said Code submitting to the qualified electors of
the Community Facilities District the propositions listed above, 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 owner of the land within the Community Facilities
District and the City Clerk agree and concur is acceptable.
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(b) Pursuant to said Section 53326, the consolidated special elections
may be held earlier then 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
elections 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.
(c) Pursuant to said Section 53326, ballots for the consolidated special
elections shall be delivered to the qualified electors by the City Clerk by mail with return
postage prepaid, or by personal service.
(d) Pursuant to applicable sections of the California Elections Code
governing the conduct of mail ballot elections of community facility districts, 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 and consolidating the consolidated special elections, 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, pursuant to
Section 9313 of said Code, with respect to the ballot propositions contained in the
official ballot, arguments and rebuttals, if any, pursuant to Sections 9314 to 9317,
inclusive, of said Code, a return identification envelope with prepaid postage thereon
addressed to the City Clerk for return of the voted official ballots, and a copy of this
resolution; provided, however, that such statement, analysis and arguments may be
waived with the unanimous consent of all the landowners, and in such event a finding
regarding such waivers shall be made in the resolution adopted by the City Council
calling the consolidated special elections.
(e) 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.
(f) The return identification envelope mailed or 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
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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, (iv) the printed name and signature of the voter,
(v) the address of the voter, (vi) the date of signing and place of execution of said
declaration, and (vii) a notice that the envelope contains an official ballot and is to be
opened only by the City Clerk.
(g) The instruction 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 the time on the date of the elections specified by the City
Council in the resolution calling the special elections; provided that the election shall be
closed before such hour if the City Clerk determines that all of the qualified voters have
voted.
(h) Upon receipt of the return identification envelopes which are
returned prior to the voting deadline on the date of the elections, the City Clerk shall
canvass the votes cast in the consolidated special elections, 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 consolidated
special elections, 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.
PASSED, APPROVED and ADOPTED this 18tt' day of June, 2015, by the
following vote:
AYES: Bartel, Ledezma, Miller, Ruiz
NAYS: None
ABSENT: Kotyuk
ABSTAIN: None
Cit of San acinto
Crystal Ftuiz, Mayor
ATTEST:
Richard Miller, City Clerk
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CERTIFICATION
I, Richard Miller, City Clerk of the City of San Jacinto, certify that the
foregoing resolution was adopted by the City Council of the City of San Jacinto at a
special meeting held on the 18`h day of June, 2015, by the following vote:
AYES: Bartel. Ledezma, Miller, Ruiz
NAYS: None
ABSENT: Kotyuk
ABSTAINED:None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of San Jacinto this 181h day of June, 2015.
Richard Miller, City Clerk
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EXHIBIT "A"
RATES AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF SAN JACINTO
(SUPPLEMENTAL SPECIAL TAX TO RANCHO SAN JACINTO PHASE 2)
A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel in
Community Facilities District No. 2015-1 of the City of San Jacinto (Supplemental
Special Tax to Rancho San Jacinto Phase 2) ("CFD No. 2015-1") and collected each
Fiscal Year commencing in Fiscal Year 2015-2016, in an amount determined by the City
Council through the application of the appropriate Special Tax for "Developed Property,"
"Taxable Property Owner Association Property," "Taxable Public Property," and
"Undeveloped Property," as described below. All of the real property in CFD No. 2015-
1, 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 map, parcel map, condominium
plan, or other recorded County parcel map. If the preceding maps for a land area
are not available, the Acreage of such land area may be determined utilizing GIS
data. 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, Division 2 of Title 5 of the Government Code of the State of
California.
"Administrative Expenses" means the following actual or reasonably estimated
costs directly related to the administration of CFD No. 2015-1: the costs of
computing the Special Tax and preparing the annual Special Tax collection
schedules (whether by the City or designee thereof or both); the costs of collecting
the Special Tax (whether by the County or otherwise); the costs of remitting the
Special Tax to the trustee; the costs of the trustee (including reasonable costs of
its legal counsel) in the discharge of the duties required of it; the costs associated
with responding to public inquiries regarding the Special Tax; the costs of the City,
CFD No. 2015-1 or any designee thereof related to an appeal of the Special Tax;
and the City's annual administration fees and third party expenses. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD
No. 2015-1 for any other administrative purposes of CFD No. 2015-1, including
attorney's fees and other costs related to the ongoing operation of CFD No. 2015-
1.
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"Assessor's Parcel" or "Assessor's Parcel Number" means a lot or parcel
shown in an Assessor's Parcel Map with an assigned Assessor's Parcel Number.
"Assessor's Parcel Map" means an official map of the Assessor of the County
designating parcels by Assessor's Parcel Number.
"Authority Bonds" means the $17,841,416.76 original principal amount of San
Jacinto Financing Authority 2002 Local Agency Revenue Bonds, Series A
(Tranches A through D), dated as of October 1, 2002.
"Bond Share Allocation" means the amount of debt service on the Authority
Bonds payable from Special Taxes levied within CFD No. 2015-1. The Bond
Share Allocation shall be calculated by determining the debt service payable on
the Authority Bonds for such fiscal year less all Special Taxes levied within CFD
No. 2002-1 allocated towards payment of debt service of the Authority Bonds for
such fiscal year.
"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 No. 2002-1" means the Community Facilities District No. 2002-1 (Rancho
San Jacinto, Phase 2) as established on September 10, 2002.
"CFD No. 2015-1" means Community Facilities District No. 2015-1 of the City of
San Jacinto (Supplemental Special Tax to Rancho San Jacinto Phase 2).
"City" means the City of San Jacinto.
"City Clerk" means the City Clerk of the City of San Jacinto or his or her
designee.
"Council" means the City Council of the City, acting as the legislative body of
CFD No. 2015-1.
"County" means the County of Riverside.
"Developed Property" means, for each Fiscal Year, all Taxable Property for
which a building permit for new construction was issued after March 1, 2014 and
as of March 1 of the previous Fiscal Year.
"Final Map" means a subdivision of property by recordation of a final map, parcel
map, or lot line adjustment, pursuant to the Subdivision Map Act (California
Government Code Section 66410 et seq.) or recordation of a condominium plan
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pursuant to California Civil Code 1352 that creates individual lots for which building
permits may be issued without further subdivision.
"Financing Authority" means the San Jacinto Financing Authority.
"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 Square Foot" or "Lot Square Footage" 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
map, parcel map, condominium plan, or other recorded County parcel map. If the
preceding maps for a land area are not available, the Lot Square Footage of such
land area may be determined utilizing GIS data. The Lot Square Footage of an
Assessor's Parcel is equal to the Acreage divided by 43,560.
"Maximum Special Tax" means the Maximum Special Tax, determined in
accordance with Section C below, which can be levied in any Fiscal Year on any
Assessor's Parcel.
"Non-Residential Property" means all Assessor's Parcels of Developed Property
for which a building permit(s) was issued for a non-residential use.
"Outstanding Bonds" means all Authority Bonds which are deemed to be
outstanding.
"Property Owner Association Property" means, for each Fiscal Year, any
Assessor's Parcel within the boundaries of CFD No. 2015-1 that is owned by or
dedicated to a property owner association, including any master or sub-
association.
"Proportionately" means for Developed Property that the ratio of the actual
Special Tax levy per Lot Square Foot for Residential Property and per Acre for
Non-Residential Property to the Maximum Special Tax is equal for all Assessor's
Parcels of Developed Property within CFD No. 2015-1. For Undeveloped
Property, "Proportionately" means that the ratio of the actual Special Tax levy per
Acre to the Maximum Special Tax per Acre is equal for all Assessor's Parcels of
Undeveloped Property in CFD No. 2015-1, as applicable. For Taxable Property
Owner Association Property and Taxable Public Property, "Proportionately" means
that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax
per Acre is equal for all Assessor's Parcels of Taxable Property Owner Association
Property or Taxable Public Property in CFD No. 2015-1 , as applicable.
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"Public Property" means, for each Fiscal Year, any property within the
boundaries of CFD No. 2015-1 that was owned by, irrevocably offered for
dedication to, or dedicated to the federal government, the State, the County, the
City or any other public agency; provided however that any property leased by a
public agency to a private entity and subject to taxation under Section 53340.1 of
the Act shall be taxed and classified in accordance with its use. To ensure that
property is classified as Public Property in the first Fiscal Year after it is acquired
by, irrevocably offered for dedication to, or dedicated to a public agency, the
property owner shall notify the CFD Administrator in writing of such acquisition,
offer, or dedication not later than June 30 of the Fiscal Year in which the
acquisition, offer or dedication occurred if (i) such property was acquired by,
irrevocably offered for dedication to, or dedicated to a public agency after January
1 but on or before June 30 of such Fiscal Year or (ii) the property is subject to an
irrevocable offer for dedication that is not reflected on a recorded tract map.
"Residential Property" means all Assessor's Parcels of Developed Property for
which a building permit has been issued for purposes of constructing one or more
residential dwelling units.
"Special Tax" means the Special Tax to be levied in each Fiscal Year on each
Assessor's Parcel of Developed Property, Undeveloped Property, Taxable
Property Owner Association Property, and Taxable Public Property to fund the
Special Tax Requirement.
t
"Special Tax Requirement" means that amount required in any Fiscal Year to
meet the needs of CFD No. 2015-1 to: (i) pay the Bond Share Allocation; (ii) pay
Administrative Expenses; (iii) pay any amount required to establish or replenish
any reserve fund for either (but not both) of the Outstanding Bonds; and (iv) pay for
any reasonably anticipated delinquent Special Tax based on the delinquency rate
for the Special Tax levied in the previous Fiscal Year; and (vi) less a credit for any
funds available to reduce the annual Special Tax levy, as determined by the CFD
Administrator.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of
CFD No. 2015-1 which are not exempt from the Special Tax pursuant to law or
Section E below.
"Taxable Property Owner Association Property" means all Assessor's Parcels
of Property Owner Association Property that are not exempt pursuant to Section E
below.
"Taxable Public Property" means all Assessors' Parcels of Public Property that
are not exempt pursuant to Section E below.
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"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not
classified as Developed Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2015-1 shall be classified
as Developed Property, Taxable Property Owner Association Property, Taxable
Public Property, or Undeveloped Property and shall be subject to Special Taxes in
accordance with the rate and method of apportionment. All Developed Property
shall be assigned a Land Use Class of Residential Property or Non-Residential
Property. Residential Property shall be assigned to Land Use Class 1 and Non-
Residential Property shall be assigned to Land Use Class 2.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
1. Special Tax
The Special Tax is an annual Special Tax that shall be levied on
Developed Property and Undeveloped Property to fund the Special Tax
Requirement.
(a) Developed Property
(i) Maximum Special Tax
The Maximum Special Tax for Fiscal Year 2015-2016 for
each Land Use Class is shown below in Table 1 .
TABLE 1
Maximum Special Tax for Developed Property
For Fiscal Year 2015-2016
Community Facilities District No. 2015-1
Maximum Special
Land Use Class Description Tax
1 Residential Property $0.66 per Lot Square
Foot
2 Non-Residential $28,696.75 per Acre
Property
(ii) Increase in the Maximum Special Tax
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On each July 1, commencing on July 1, 2016, the Maximum
Special Tax Rates for Developed Property shall be
increased by two percent (2%) per Fiscal Year.
(iii) Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed
Property may contain more than one Land Use Class. The
Maximum Special Tax that can be levied on an Assessor's
Parcel shall be the sum of the Maximum Special Taxes that
can be levied for all Land Use Classes located on that
Assessor's Parcel.
(b) Undeveloped Property, Taxable Property Owner Association
Property, and Taxable Public Property
(i) Maximum Special Tax
The Maximum Special Tax for Fiscal Year 2015-2016 for
Undeveloped Property, Taxable Property Owner Association
Property, and Taxable Public Property is $28,696.75 per
Acre.
(ii) Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2016, the Maximum
Special Tax Rates for Undeveloped Property, Taxable
Property Owner Association Property, and Taxable Public
Property shall be increased by two percent (2%) per Fiscal
Year.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2015-2016 and for each following Fiscal Year, the
Council shall levy the Special Tax on Developed Property as described under the
First Step listed below. Commencing with Fiscal Year 2015-2016, Special Taxes
may also be levied as described under the Second and Third Steps listed below,
as necessary to satisfy the Special Tax Requirement.
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel
of Developed Property that is Residential Property or Non-Residential Property at
up to 100% of the applicable Maximum Special Tax as needed to satisfy the
Special Tax Requirement;
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Second: If additional monies are needed to satisfy the Special Tax Requirement
after the First step has been completed, the Special Tax shall be levied
Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100%
of the Maximum Special Tax for Undeveloped Property;
Third: If additional monies are needed to satisfy the Special Tax Requirement after
the first two steps have been completed, then the Special Tax shall be levied
Proportionately on each Assessor's Parcel of Taxable Property Owner Association
Property and Taxable Public Property at up to the Maximum Special Tax for
Taxable Property Owner Association Property and Taxable Public Property.
Further notwithstanding the above, under no circumstances will the Special Tax
levied against any Assessor's Parcel of Residential Property for which an
occupancy permit for private residential use has been issued be increased by more
than ten percent as a consequence of delinquency or default by the owner of any
other Assessor's Parcel within CFD No. 2015-1, except for Residential Property
whose owners are also delinquent or in default on their Special Tax payments for
one or more other properties within CFD No. 2015-1.
E. EXEMPTIONS
No Special Tax shall be levied on up to 2.6 Acres of Property Owner Association
Property or Public Property. Tax-exempt status will be assigned by the CFD
Administrator in the chronological order in which property becomes Property
Owner Association Property or Public Property. However, should an Assessor's
Parcel no longer be classified as Property Owner Association Property or Public
Property, its tax-exempt status will be revoked.
F. APPEALS AND INTERPRETATIONS
Any taxpayer may file a written appeal of the Special Tax on his/her property with
the CFD Administrator, provided that the appellant is current in his/her payments of
Special Taxes. During the pendency of an appeal, all Special Tax previously
levied must be paid on or before the payment date established when the levy was
made. The appeal must specify the reasons why the appellant claims the
calculation of the Special Tax is in error. The CFD Administrator shall review the
appeal, meet with the appellant if the CFD Administrator deems necessary, and
advise the appellant of its determination. If the CFD Administrator agrees with the
appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the
appellant's property and/or provide a refund to the appellant. If the CFD
Administrator disagrees with the appellant and the appellant is dissatisfied with the
determination, the appellant then has 30 days in which to appeal to the Council by
filing a written notice of appeal with the City Clerk, provided that the appellant is
current in his/her payments of the Special Tax. The second appeal must specify
the reasons for its disagreement with the CFD Administrator's determination. The
decision of the Council shall be final.
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Interpretations may be made by the Council by ordinance or resolution for
purposes of clarifying any vagueness or ambiguity in this Rate and Method of
Apportionment.
G. MANNER OF COLLECTION
The annual Special Tax shall be collected in the same manner and at the same
time as ordinary ad valorem property taxes; provided, however, that in Fiscal Year
2015-2016 and each Fiscal Year thereafter, CFD No. 2015-1 may directly bill the
Special Tax, and may collect the Special Tax at a different time or in a different
manner if necessary to meet its financial obligations.
H. TERM OF SPECIAL TAX
The Special Tax shall be levied as necessary to fund items listed in the Special
Tax Requirement, but under no circumstance shall the Special Tax be levied after
Fiscal Year 2037/38.
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