HomeMy WebLinkAboutResolution No. 91-C066C1
RESOLUTION NO.
91-066
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA, CALIFORNIA, DECLARING ITS
INTENTION TO ESTABLISH A COMMUNITY
FACILITIES DISTRICT AND TO LEVY A SPECIAL
TAX TO PAY FOR CERTAIN PUBLIC SERVICE
FACILITIES IN AND FOR PROPOSED COMMUNITY
FACILITIES DISTRICT NO. 91-1 (POLICE ._
SERVICES) OF THE CITY OF AZUSA
WHEREAS, a Petition requesting the institution of
proceedings for formation of a community facilities district
signed by the landowners within the proposed community
facilities district has been received and filed with the
City Clerk of the City of Azusa, California (the "City");
and
WHEREAS, the City has duly considered the
advisability and necessity of instituting proceedings to
establish a community facilities district under and pursuant
to the terms and provisions of the "Mello -Roos Community
Facilities Act of 198211,_ as amended, (the "Act"), being
Chapter 2.5, Part 1, Division 2, Title 5 of the Government
Code of the State of California; and
WHEREAS, the City has adopted Resolution No.91-C65on
June 17th , 1991, wherein it received and filed such
petition; and
WHEREAS, the City has determined to institute
proceedings for the establishment of such community
facilities district, and has determined to set forth the
boundaries of the territory which is proposed for inclusion
in such community facilities district and to state the
additional public services and/or facilities to be provided
in and for such community facilities district, and has
determined to set a date, time and place for a public
hearing relating to the establishment of such community
facilities district and the levy of a special tax therein to
pay for such additional public services and/or facilities;
and
WHEREAS, the City has determined it is advisable to
establish an appropriations limit, as defined by Article
XIIIB, Section 8(h) of the California Constitution, for the
community facilities district;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF AZUSA, CALIFORNIA, AS FOLLOWS:
Section 1. All of the above recitals are true
and correct.
Section 2. The Petition is hereby accepted and
proceedings are initiated pursuant to the authorization of
Sections 53316 and 53318 of the Act.
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Section 3. It is the intention of the City, and
the City hereby proposes to establish a community facilities
district under and pursuant to the terms and provisions of
the Act, the boundaries of the territory proposed for
inclusion in such community facilities district are more
particularly described and shown on that certain map
entitled "Proposed Boundaries, Mello Roos Community
Facilities District No. 91-1 (Police Services) City of
Azusa, County of Los Angeles, State of California" that has
been filed with the City Clerk of the City and a copy of
which, together with a legal description of such territory,
is attached hereto as Exhibit "A" and incorporated herein
and made a part hereof. The City Clerk is hereby authorized
and directed to endorse the Certificate on said map
evidencing the date and adoption of this resolution and is
further authorized and directed to file said map with the
County Recorder of the County of Los Angeles in accordance
with the provisions of Section 3111 of the California
Streets and Highways Code within fifteen (15) days of the
adoption of this resolution and not later than fifteen (15)
days prior to the date of the public hearing as set forth in
Section 10 hereof.
Section 4. The communities facilities district
proposed to be established shall be known and designated as
"Community Facilities District No. 91-1 (Police Services) of
the City of Azusa" (the "Community Facilities District").
Section 5. It is the intention of the City to
order the financing of certain public services and/or
facilities, generally described as additional police
protection services including costs and expenses incident to
and arising out of the performance by Police Department
employees of functions, operations, maintenance and repair
activities in providing police protection and crime
protection services within the Community Facilities District
(the "Services") and facilities relating to police
protection, including equipment together with appurtenances
and appurtenant work and incidental expenses, which the
legislative body is authorized by law to purchase,
construct, rehabilitate, expand, own or operate, and which
real or other tangible property has an estimated useful life
of five (5) years or longer (the "Facilities"). The
Services and Facilities are together herein referred to as
"Police Services". For a further description of the Police
Services, reference is made to Exhibit "B" attached hereto.
The Police Services are necessary to meet present or
increased demand upon the City and other public agencies as
a result of development occurring within the boundaries of
the Community Facilities District. The cost of providing
the Police Services also includes incidental expenses
consisting of the costs of environmental evaluations
thereof, the cost of providing administrative and consultant
services, all costs associated with the establishment of the
Community Facilities District, the determination of the
amount of any special taxes to be levied, the cost of
collecting any special taxes, and costs otherwise incurred
in order to carry out the authorized purposes of the
Community Facilities District, together with any other
expenses incidental to the providing of the Police Services.
The description of the Police Services shown on Exhibit "B"
is general in nature. Any substitution shall not be deemed
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a change or modification of the Police Services so long as
the substitution provides a service substantially similar to
the Police Services shown on Exhibit "B".
Section 6. It is the intention of the City that,
except where funds are otherwise available, a special tax
sufficient to pay for the Police Services, including the
repayment of funds advanced to the Community Facilities
District, annual administration expenses of the City and the
Community Facilities District in determining, apportioning,
levying and collecting such special taxes, secured by
recordation of a continuing lien against all non-exempt real
property in the Community Facilities District, will be
levied annually on land within the boundaries of the
Community Facilities District. The rate and method of
apportionment of such proposed special tax is set forth in
Exhibit "C", attached hereto and incorporated herein and
made a part hereof. Exhibit "C" provides sufficient detail
to allow each landowner or resident within the Community
Facilities District to estimate the maximum amount that such
person will have to pay for the Police Services.
The special tax as apportioned to each parcel
pursuant to Exhibit "C" is apportioned on the basis of
benefit as determined by the City Council and as permitted
by Section 53325.3 of the Act, and the apportionment of the
special tax is not on or based upon the value or ownership
of real property. In the event that property within the
Community Facilities District is acquired or dedicated to a
public agency subsequent to the date of formation of the
Community Facilities District the special tax on such
property will be released and such parcel will become exempt
property under the provisions of the rate and method of
apportionment for the Community Facilities District as to
all future obligations to pay the special tax imposed by the
Community Facilities District.
Section 7. It is the intention of the City,
pursuant to Section 53340 of the Act, to levy the proposed
special tax on property that is not otherwise exempt from
the proposed special tax and that is not acquired by a
public entity through a negotiated transaction, or by gift
or devise.
Section 8. Notice is given that on the 22nd day
of July, 1991 at the hour of 7030 o'clock p.m., in the City
Council Chambers, City of Azusa, California, a public
hearing will be held at which time the City shall consider
the establishment of the Community Facilities District, the
proposed rate and method of apportionment of the special
tax, the proposed appropriations limit for the Community
Facilities District and all other matters as set forth in
this Resolution of Intention. At the above-mentioned time
and place for such public hearing, any persons interested,
including all taxpayers, property owners and registered
voters within the Community Facilities District, may appear
and be heard, and the testimony of all interested persons
and taxpayers for or against the establishment of the
Community Facilities District and the levy of the special
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tax, or the extent of the Community Facilities District, or
the financing of the Police Services or the establishment of
an appropriations limit, or any other matters set forth
herein, will be heard and considered.
Any protests may be made orally or in writing,
except that any protests pertaining to the regularity or
sufficiency of such proceedings shall be in writing and
shall clearly set forth the irregularities and defects to
which the objection is made. All written protests shall be
filed with the City Clerk on or before the time fixed for
such public hearing, and any written protest may be
withdrawn in writing at any time before the conclusion of
such public hearing. If written protests against the
establishment of the Community Facilities District are filed
by fifty percent (50%) or more of the registered voters, or
six (6) registered voters, whichever is greater, residing
within the Community Facilities District, or owners of one-
half (1/2) or more of the area of land proposed to be
included within the Community Facilities District, the
proceedings shall be abandoned. If said majority protest is
limited to certain types of services or facilities or
certain provisions of the special tax, those services or
facilities or those provisions of the tax must be eliminated
by the City.
Section 9. If, following the public hearing
described herein, the City determines to establish the
Community Facilities District, proposes to levy a special
tax within the Community Facilities District and proposes to
establish an appropriations limit for the Community
Facilities District, the City Council shall then submit the
levy of the special tax to the qualified electors of the
Community Facilities District. If at least twelve (12)
persons, who need not necessarily be the same twelve (12)
persons, have been registered to vote within the territory
of the Community Facilities District for each of the ninety
(90) days preceding the close of the public hearing, the
vote shall be by registered voters of the Community
Facilities District, with each voter having one (1) vote.
Otherwise, the vote shall be a mail -ballot election,
consistent with Section 53327.5 of the Act, by the
landowners of the Community Facilities District who are
owners of record at the close of the public hearing, with
each landowner having one (1) vote for each acre or portion
of an acre of land owned within the Community Facilities
District. The number of votes to be voted by a particular
landowner shall be specified on the ballot provided to that
landowner.
Section 10, The Director of Community
Development, pursuant to Section 53321.5 of the Act, is
hereby directed, at or before the time of such public
hearing, to cause to be prepared and filed with the City a
report or reports which shall contain a brief description of
the Police Services by type which are required to adequately
meet the needs of the Community Facilities District, and an
estimate of the cost for providing the Police Services and
an estimate of the incidental expenses related thereto.
Such report(s) shall further contain any other material that
is related to the Police Services or the Community
Facilities District, including a proposed appropriations
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I, HEREBY CERTIFY that the foregoing Resolution was
duly adopted by the City Council of the City of Azusa,
California, at a regular meeting thereof, held on the
day of .Rine 17th , 1991, by the following vote of the
Council:
AYES: COUNCIL MEMBERS: DANGLEIS, NARANJO, ALEX2MM, MOSES
NOES: COUNCIL MEMBERS:cSTEMRICH
ABSENT: COUNCIL MEMBERS: NONE
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limit, and shall be made a part of the record of the public
hearing to be held to consider establishing the Community
Facilities District.
Section 11. In the opinion of the City, the
public interest will not be served by allowing the property
owners in the Community Facilities District to enter into a
contract pursuant.to Section 53329.5(a) of the Act to do the
work to be financed under the Community Facilities District.
Section 12. Notice of the time and place of such
public hearing shall be given by the City Clerk in the
following manner: A Notice of Public Hearing required by
Section 53322 of the Act in substantially the form of
Exhibit "D" attached hereto, shall be published in a
newspaper of general circulation published in the area of
the proposed Community Facilities District, such publication
to be made pursuant to Section 6061 of the Government Code,
which publication shall be completed at least seven (7) days
prior to the date set for such public hearing.
Section 14. The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 17th day
of Jame , 1991.
CITY OF AZUSA, CALIFORNIA
[SEAL]
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EXHIBIT B
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DESCRIPTION OF POLICE SERVICES
The Police Services listed herein are required to
meet additional demands on the City of Azusa as a result of
development occuring within the District. The Police
Services for any Fiscal Year may include one or more of the
following:
Services: additional police protection
services including costs and expenses incident
to and arising out of the performance by
Police Department employees of functions,
operations, maintenance and repair activities
in providing police protection and crime
protection services within the District, such
as salaries, benefits and overhead; and
Facilities: facilities relating to such
police protection, including equipment
together with appurtenances and appurtenant
work and incidental expenses, which the
legislative body is authorized by law to
purchase, construct, rehabilitate, expand, own
or operate, and which real or other tangible
property has an estimated useful life of five
(5) years or longer, such as certain vehicles,
weapons, office equipment and buildings.
EXHIBIT C
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAS
FOR THE
COMMUNITY FACILITIES DISTRICT NO. 91-1
(POLICE SERVICES)
OF THE CITY OF AZUSA
A. Introduction
The special tax to be levied upon each assessor's parcel
classified as Taxable Property in the Community Facilities
District No. 91-1 (Police Services) of the City of Azusa ("CFD"
or "District") shall be levied by the District by application of
the appropriate rate as described below.
B. Definitions
The terms used herein have the following meaning:
"Amount of Annual Levy" means all or a portion of the
amount necessary to pay the costs of the Authorized Police
Services, including administrative expenses of the District, in
the current Fiscal Year, but excluding costs for the formation of
or an annexation to the District.
"Authorized Police Services" means police services
and/or facilities, generally described as additional police
protection services including costs and expenses incident to and
arising out of the performance by Police Department employees of
functions, operations, maintenance and repair activities in
providing police protection and crime protection services within
the District, and/or facilities related to such police protection
including equipment together with appurtenances and appurtenant
work and incidental expenses with an estimated useful life of
five (5) years or longer, as more particularly described in
Exhibit "A" of the Report.
"Condominium" means a unit meeting the statutory
definition of a condominium contained in California Civil Code
Section 1351.
"Developed Property" means all Taxable Property for
which a building permit has been issued by the City of Azusa for
a Residential Unit.
"Developer" means the owner of Tracts 47846, 47847,
49112 and 49871, or their successors in interest, who develop
such tracts for residential purposes.
"Exempt Property" means:
(a) Property owned by a public agency which is not used
by nongovernmental entities or property which is in
public use (such as streets, sewer easements,
etc.);
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(b) Property which is unmanned utility property;
(c) Property irrevocably dedicated to a public agency
for a public use;
(d) Property designated as a park or as open space;
(e) Property owned by a homeowner's association; or
(f) Property exempt by operation of law.
"Fiscal Year" means the period starting on July 1 and
ending on the following June 30.
"Maximum Annual Special Tax" means the maximum special
tax determined in accordance with Section C, that can be levied
by the District in any Fiscal Year on the Taxable Property.
"Residential Unit" means a single unit used for
residential purposes, including a single-family detached or
attached, condominium, townhome or multi -family unit, which is
depicted on an approved tentative or final tract map, whether or
not a building permit for such unit has been issued by the City
of Azusa.
"Taxable Property" means any and all assessor's parcels
that are not Exempt Property within the District. Taxable
Property is comprised of two components: Developed Property and
Undeveloped Property.
"Townhome" means an attached for sale unit to be used
for residential purposes.
"Undeveloped Property" means all Taxable Property that
is not Developed Property.
C. Maximum Special Tax Rate
The Maximum Annual Special Tax Rate for Taxable Property
shall be $144.00 per Residential Unit for Developed Property in
Fiscal Year 1991-92 with an escalator per Fiscal Year thereafter
based on the latest year-end Consumer Price Index for the Los
Angeles -Anaheim -Riverside Areas.
In addition, Residential Units for Undeveloped Property
shall have a one-time charge per such Residential Unit payable by
the Developer only during the Fiscal Year in which a building
permit is issued for such Residential Unit after July 1 and the
special tax for such Residential Unit is not placed on the annual
tax roll for that Fiscal Year. See Section D.3 below.
D. Method of Apportionment of Annual Special Tax
The District will determine the Amount of Annual Levy in
Fiscal Year 1991-92 to be collected from Taxable Property in the
District for that Fiscal Year as set forth on Appendix 1 hereto.
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' CM P. ROTA
APPENDIX "1" TO RATE AND METHOD
ANALYSIS OF,ANNUAL FINANCIAL IMPACT
80% of ApPro one ne of
Phan , a Po oe $116,512
(ShortaReMburPlus 37.341
(mm.- R(M of Police Ar4worristion 60.362
(ShortALao)/Surplus (33.121)
Annual AdmIn3strative Cost 1.500
(Shag-iaRe Wsurplus ($34.621)
City Ccntribastion 79117
Amount of 1991-92 Annual Lavy (827,504)
=aaaasaaa
Number of Residential Units 191
LZW PER RESID04TIAL UNIT ($144.00)
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OOMPOSITS
Revenues
Aftenaies
$22,332
Re%O
=TwtttSSeMraviince Cts=m
Gasoline Tax
Fee
1
1
Fire 8afet3r geete�se�Ce
$143.763
80% of ApPro one ne of
Phan , a Po oe $116,512
(ShortaReMburPlus 37.341
(mm.- R(M of Police Ar4worristion 60.362
(ShortALao)/Surplus (33.121)
Annual AdmIn3strative Cost 1.500
(Shag-iaRe Wsurplus ($34.621)
City Ccntribastion 79117
Amount of 1991-92 Annual Lavy (827,504)
=aaaasaaa
Number of Residential Units 191
LZW PER RESID04TIAL UNIT ($144.00)
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The District will levy the special tax as follows:
1. The District shall, prior to August 1 of each Fiscal
Year, set the Annual Special Tax Rate. The Annual
Special Tax Rate shall be determined by increasing the
Annual Special Tax Rate for the preceding Fiscal Year by
an escalation factor equal to the latest year-end
Consumer Price Index for the Los Angeles -Anaheim -
Riverside Areas; provided however, that the Annual
Special Tax Rate for Fiscal Year 1991-92 shall be
$144.00.
2. The Annual Special Tax Rate shall be levied, up to the
Maximum Annual Special Tax, per Residential Unit on each
parcel of Developed Property.
3. Residential Units for Undeveloped Property shall be
subject to a levy of a one-time charge per such
Residential Unit payable by the Developer at the time of
issuance by the City of Azusa of a building permit for
such Residential Unit, if a special tax under 2. above
has not been levied for that Fiscal Year on such
Residential Unit. Such one-time charge shall be a pro
rata amount of the special tax levied under 2. above per
Residential Unit for Developed Property during said
Fiscal Year based on the remaining months in said Fiscal
Year.
E. Manner of Collection
The special tax under D.2 shall be collected in the same
manner and at the same time as ad valorem real property taxes,
and the special tax under D.3 above shall be collected by the
District when the building permit is issued; provided however,
that the special taxes may be collected at different times or in
different manners if necessary to meet its financial
obligations. The special taxes shall be subject to the same
penalties and procedures, sale and lien priority in case of
delinquency as is provided for ad valorem taxs. In the event of
a delinquency, the District will pursue foreclosure in a timely
manner.
F. Review/Appeal Council
The District shall establish as part of its proceedings
and administration of the special tax a three-member
Review/Appeal Council which shall consist of those persons
currently holding the positions of Director of Community
Development, Director of Finance and City Administrator for the
City of Azusa. The Review/Appeal Council shall make
determinations relative to the annual administration of the
special tax pursuant to this Rate and Method of Apportionment of
the Special Tax and of any owner appeals hereunder, as herein
specified, and shall perform the duties specified in Section
53340.2 of the Government Code of the State of California, as
amended. The annual roll of special tax levy obligations shall
be presented to the District and may be placed on the consent
calendar of the appropriate meeting for action by the District's
governing body.
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Any owner subject to the special tax who desires to
protest the accuracy of the amount of the special tax imposed on
the owner's parcel may 'file a written notice with the
Review/Appeal Council, appealing the amount of the special tax
assigned to such parcel. Any owner of property subject to the
lien of the special tax may appeal the determination of the
Review/Appeal Council to the District's governing body.
P. Prepayment
The special tax shall not be subject to prepayment.
G. Annexations to the District
The City and the District hereby declare their policy
and intent to require, where appropriate, as a condition of
approval of a tract map, future residential units to be developed
within the City to annex to this District commensurate with the
rate and method set forth herein. Developers of such property
shall bear the costs and expenses of annexing to the District.
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