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HomeMy WebLinkAboutCC RES 13-14A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES WHEREAS, the City Council ("City Council") of the City of Tustin ("City") has received a Petition from the City Manager on behalf of the City ("Petition"), which Petition has been ratified by the City Council, requesting the institution of proceedings for the establishment of a community facilities district (the "Community Facilities District") pursuant to the Mello-Roos Community Facilities Act of 1982, Government Code sections 53311 et seq. (the "Act"); and WHEREAS, the Petition describes the boundaries of the property proposed for inclusion in the Community Facilities District and specifies the type of Services to be financed by the Community Facilities District; and WHEREAS, the City is the sole owner of the property designated on Exhibit "A" to the Petition, which is all of the property proposed to be included within the Community Facilities District; and WHEREAS, the City Council is authorized under the Act to initiate and to establish the Community Facilities District; and WHEREAS, pursuant to Section 53317(f) of the Act, the City may include property owned by it within a Community Facilities District because the property it owns is within the territory of the Marine Corps Air Station Tustin, which is now closed. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Tustin, as follows: Section 1. The City Council finds that the Petition has been signed by the duly authorized representative of the owner of the property to be included in the Community Facilities District. Section 2. The City Council proposes to establish the Community Facilities District pursuant to the Act. The boundaries of the property to be included in the Community Facilities District are described in the map on file with the City Clerk (the "Boundary Map"), which boundaries are preliminarily approved. The City Clerk is directed to sign the original Boundary Map and record, or cause to be recorded, the Boundary Map with all proper endorsements in the office of the Orange County Recorder within 15 days of the date of adoption of this Resolution, all as required by Section 3111 of the Streets and Highways Code. Section 3. The name of the Community Facilities District is "City of Tustin Resolution 13-14 Page 1 of 4 Community Facilities District No. 13-01." Section 4. The public services (the "Services") and administrative expenses ("Administrative Expenses") proposed to be financed by the Community Facilities District pursuant to the Act are described, respectively, under the captions "Services" and "Administrative Expenses" on Exhibit "'I", which is attached hereto and incorporated herein by this reference. Section 5. Except where funds are otherwise available, a special tax sufficient to pay for all Services and Administrative Expenses, secured by recordation of a continuing lien against all nonexempt real property in the Community Facilities District, is proposed to be annually levied. The rate and method of apportionment of the special tax (the "Rate and Method"), in sufficient detail to allow each landowner within the proposed Community Facilities District to estimate the maximum amount that he or she will have to pay, is described in Exhibit "2" attached hereto and incorporated herein by this reference. The special tax will be collected in the same time and manner as ad valorem property taxes or in such other manner as the City Council shall determine if necessary to meet the financial obligations of the Community Facilities District. Under no circumstances shall the special tax levied against any parcel used for private residential purposes 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 10%. For purposes of this paragraph, a parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit for private residential use is issued. Section 6. The special tax may not be prepaid. Section 7. The City Council hereby fixes Tuesday, April 16, 2013 at 7 p.m., or as soon thereafter as the City Council may hear the matter, in the City Council Chambers at 300 Centennial Way, Tustin, California, as the time and place that the City Council will conduct a public hearing on the establishment of the Community Facilities District. Section 8. At least seven days prior to the date fixed for the hearing, the City Clerk is directed to publish, or cause to be published one time, in a newspaper of general circulation a notice of the public hearing pursuant to Government Code section 6061. The notice shall contain the information prescribed by Government Code section 53322 of the Act. Section 9. The levy of the proposed special tax shall be subject to the vote of the landowner(s) of the Community Facilities District. The ballots shall be delivered by the City Clerk by personal service with each owner(s) having one vote for each acre or portion of an acre that such owner(s) owns in the Community Facilities District. Section 10. Each officer of the City who is or will be responsible for providing Resolution 13-14 Page 2 of 4 one or more of the proposed Services is hereby directed to study, or cause to be studied, the proposed Community Facilities District and at or before the public hearing referenced herein, file a report with the City Council containing a brief description of the Services which will in his or her opinion be required to meet the increased demands placed upon the City as the result of the development occurring within the Community Facilities District and an estimate of the cost therefore. Such report shall be made a part of the record of the public hearing. Section 11. The officers, employees and agents of the City are authorized and directed to take such other actions and do those things which they may deem necessary or desirable to accomplish the purpose of this Resolution. Section 12. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 5th day of March, 2013. JEFF C. PARKER, t Ci / =Ie y Resolution 13-14 Page 3 of 4 STATE OF CALIFORNIA ) I COUNTY OF ORANGE ) SS CITY OF TUSTIN 1, JEFFREY C. PARKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 13-14 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 5t" day of March, 2013, by the following vote: COUNCILMEMBER AYES: Murray, Puckett, Bernstein (3) COUNCILMEMBER NOES: None (0) COUNCILMEMBER ABSTAINED: NtPIsen, Gomez (2) COUNCILMEMBER ABSENT: None (0) JEF EY C. PARKER, City %Iei< Resolution 13-14 Page 4 of 4 TYPES OF SERVICES AND EXPENSES The types of services to be finance by the Community Facilities District are police protection services; fire protection services; ambulance and paramedic services; recreation program services; maintenance of parks, parkways and open space; flood and storm protection; and street and sidewalk maintenance. Administrative Expenses are the actual or reasonably estimated expenses related to the administration of CFD No. 13-01 such as the costs of determining the amount of the levy of Special Taxes, the collection of Special Taxes, including the expenses of collecting delinquencies, the payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration of CFD No. 13-01; costs associated with responding to public inquiries regarding CFD No. 13-01; and any and all other costs incurred in connection with the administration of CFD No. 13-01. I-M&M MOM f 01 i* fA,'V V 1 4W 111P COAMUNITY FACILITIES DISTRICT NO 13-01 (SERVICES) OF THE CITY OF TUSTIV A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels within Community Facilities District No. 13-01 (CFD No. 13-01) of the City of Tustin, other than Assessors Parcels classified as Exempt, Property as defined herein, and collected each Fiscal Year commencing in Fiscal Year 2013-2014, in an amount determined by the CFD Administrator through the application of the procedures described below All of the real property within CFD No. 13-01, 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. DERNITIONS The terms hereinafter set forth have the following meanings: "Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 Division 2 of Tide 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated expenses related to the administration of CFD No. 13-01 the costs of determining the amount of the levy of Special Taxes, the collection of Special Taxes, including the expenses of collecting delinquencies, the payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration of CFD No. 13-01 costs associated with responding to public inquiries regarding CFD No. 13-01, and any and all other costs incurred in connection with the administration of CFD No. 13-01 "Affordable Units" means residential dwelling units located on one or more Assessor s Parcels of Residential Property that are subject to deed restrictions, resale restrictions, and/or regulatory agreements recorded in favor of the City providing for affordable housing Affordable Units shall be units that are classified as either Moderate Income, Lower income, or Very Low Income (-as defined in Sections 50093, 50079.5, and 50105, respectively, of the California Health and Safety Code.) "Assessor's Parcei" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means in official map of the Assessor of the County designating parcels by assessor's parcel number. "Boundary Map" means the map of the boundaries of CFD No. 13-01 recorded on -- , 2013 in the Orange County Recorder's Office in Book —, Pages —, of Maps of Assessments and Community Facilities Districts (instrument number "Building Permit" means a permit for new construction for a residential dwelling or non- residential structure. For purposes of this definition, 'Building Permit' shall not include permits for construction or installation of retaining walls, utility improvements, or other such improvements not intended for human habitation. City of Tustin 1 CFD No. 13-01 (Services) "Building Square Footage" or "BSFII for Non-Residential Property 'Building Square Footage means all of the square footage within the perimeter of a non-residential structure, not including any carport, walkway garage, overhang, patio, enclosed patio, or similar area. The determination of 'Building Square Footage for a non-residential structure will be based on the Building Permit(s) issued for such structure and/or by reference to appropriate records kept by the City "Calendar Year" means the period commencing January 1 of any year and ending the following December 31 "Certificate of Occupancy" means a certificate issued by the City, or other applicable government entity that authorizes the actual occupancy of a dwelling unit for habitation by one or more residents or the occupancy of Non Residential Property "CFD Administrator" means an official of the City or designee thereof, responsible for determining the Special Tax Requirement for Facilities, and the Special Tax Requirement for Services, and providing for the levy and collection of the Special Taxes for CFD No. 13-01 "CFD No. 13-01" means Community Facilities District No. 13-01 of the City of Tustin established by the City under the Act to fund Services. "City" means the City of Tustin. "City Council" means the City Council of the City, acting as the legislative body of CFD No. 13-01 "Commercial Property" means all Assessors Parcel of Non-Residential Property for which a Building Permit(s) has been issued by the City which is primarily used for, but not limited to: INVE retail; food services; shopping centers; grocery stores; gas stations; restaurants; hotels and ORION motels, recreational facilities, factory/light manufacturing, factory/heavy manufacturing, warehouse - processing and storage, research and development, storage- bulk (tanks, etc), mining and extractive, automotive garages (small), industrial condominiums, or for any other uses that are consistent with commercial land use designations as determined by the City or CFD Administrator. "County" means the County of Orange. "Developed Property" means an Assessors Parcel of Permitted Property for which a Certificate of Occupancy was issued on or before June I preceding the Fiscal Year for which Special Taxes are being levied. "Exempt Property" means all Assessors Parcels within CFD No. 13-01 that are exempt from the Special Taxes pursuant to the Act or Section G herein. "Facilities" means those facilities authorized to be funded by CFD No. 13-01 "Final Map" means a recorded final map, Parcel map, or lot line adjustment, evidencing the subdivision of property pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.). "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. "Land Use Type" means any of the land use types fisted in Table 1 below av "Lot" means property within a Final Map identified by a lot number for which a Building Permit has been issued or may be issued. City of Tustin 2 CFD No. 13-01 (Services) "Maximum Special Tax" means the maximum Special Tax determined in accordance with Section C, which may be levied by in any Fiscal Year on an Assessor s Parcel of Taxable Property iai ti "Mixed Use Property" means an Assessor's Parcel of Taxable Property upon which more than one Land Use Type is located. "Multi-Family Residential" or "MFR Property" means an Assessors Parcel classified as Residential Property for which a Building Permit has been issued for purposes of constructing a residential structure consisting of two or more Residential Units for rent, exclusive of condominiums and attached Single-Family Residential Property "Non - Conforming Property" means an Assessor's Parcel of Non-Residential Property that is not classified as Commercial Property Office Property, or Industrial Property "Non-Residential Property" means an Assessors Parcel of Permitted Property for which a building permit has been issued by the City for the construction of one or more non-residential buildings or facilities, "Office Property" means an Assessors Parcel of Non-Residential Property for which a Building Permit(s) has been issued for office and/or profession use, including, but not limited to, office; general office, medical - dental office, hospitals, professional building, and bank or financial institution. "Permitted Property" means an Assessors Parcel of Taxable Property for which a Building Permit was issued on or before June I preceding the Fiscal Year for which Special Taxes are being levied but for which no Certificate of Occupancy was issued on or before such June 1 An Assessors Parcel classified as Permitted Property but for which the Building Permit that caused such Assessors Parcel to be classified as Permitted Property has been cancelled and/or voided prior to the Fiscal Year for which Special Taxes are being levied shall be reclassified as Undeveloped Property Consistent with the foregoing, any Assessor's Parcel of Taxable Property that is classified as Developed Property shall not be classified as Permitted Property "Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 13-01 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year "Proportionately" means the following: For Developed Property the ratio of the actual Special Tax levied on Developed Property to the Maximum Special Tax for Developed Property is equal for all Assessor's Parcels of Developed Property • For Permitted Property the ratio of the actual Special Tax levied on Permitted Property to the Maximum Special Tax for Permitted Property is equal for all Assessor's Parcels of Permitted Property "Public Property" means all Assessors' Parcels of Taxable Property that is owned by, dedicated or irrevocably dedicated to the City the County the State of California, the federal government or any other public agency (each, a "Public Entity"). "Residential Property" means all Assessors' Parcels of Permitted Property within CFD No. 13-01 for which a Building Permit has been issued for purposes of constructing one or more WIN Residential Unit(s). "Residential Unit" means any residence in which a person or persons my which is not considered to be useable for non-residential purposes. I City of Tustin 3 CFD No. 13-01 (Services) "Services" means those authorized services that may funded by CFD No. 13-01 pursuant to the Act, as amended. "Special Tax" means the special tax authorized to be levied within CFD No. 13-01 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement" means the amount, as determined by the CFD Administrator, for any Fiscal Year to: (i) pay the costs of providing the Services during such Fiscal Year, (ii) pay Administrative Expenses associated with Special Tax, (iii) establish or replenish any operational reserve fund established for Services, (iv) pay incidental expenses related to the Services as authorized pursuant to the Act, (y) fund- an amount equal to a reasonable estimate of delinquencies expected to occur in the Fiscal Year in which Special Taxes will be levied ( "Estimated Special Tax Delinquency Amount") and (vi) fund the shortfall, if any, in Special Tax revenues collected in the preceding Fiscal Year necessary to fund the Special Tax Requirement for such Fiscal Year where the shortfall resulted from delinquencies in the payment of Special Taxes in such Fiscal Year that exceeded the Estimated Special Tax Delinquency Amount included in the Special Tax Requirement. "Taxable Property" means all Assessors Parcels, including Public Property that are not exempt from the Special Tax pursuant to the Act or Section G "Undeveloped Property" means an Assessors Parcel for which a Building Permit has not been issued on or before June 1 preceding the Fiscal Year for which Special Taxes are being levied. B. CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2013-2014, each Assessor's Parcel shall first be 1171111111 NONE MIN classified by the CFD Administrator as Taxable Property or Exempt Property In addition, each such Fiscal Year, each Assessor's Parcel of Taxable Property shall be further classified by the CFD Administrator as Developed Property Permitted Property, or Undeveloped Property Lastly, each such Fiscal Year, each Assessors Parcel of Developed Property and Permitted Property shall be further classified by the CFD Administrator as SFR Property, MFR Property, Non-Residential Property, Public Property or IvExed Use Property and each Assessor Parcel of Non-Residential Property shall be further classified as Commercial Property Office Property or Non-Conforming Property Commencing with Fiscal Year 2013-2014 and for each subsequent Fiscal Year, all Taxable Property shall be subject to the levy of Special Taxes pursuant to Section C below City of Tustin 4 CFD No. 13-01 (Services) Cr MAXIMUM SPECIAL TAXES 1. Developed Property Each Fiscal Year commencing in Fiscal Year 2013-2014, each Assessors Parcel of Developed Property shah be subject to the Special Tax, The Maximum Special Tax for Developed Property for Fiscal Year 2013-2014 is shown M' Table 1 0 KI 1.3 eml DEVELOPED PROPE � ?7 'ATr MAMMUM SPECIAL TA Land Use Type Maxitnum Special Tax Residential Prop" MFR Property $346 per Residential Unit Affordable Unit — Moderate $346 per Residential Unit Affordable Unit — Low N/A Affordable Unit — Very Low N/A Public Property $0.29 per BSF Non-Residential Property Commercial Property $0.35 per BSF Office Property $0.29 per BSF Non-Conforming Property F I $0.35 per BSF I For each subsequent Fiscal Year following Fiscal Year 2013-2014, the Maximum Special Tax shall be increased by 2%. Each Fiscal Year commencing in Fiscal Year 2013-2014, each Assessors Parcel classified as Permitted Property shall be subject to the Special Tax. The Maximum Special Tax for Permitted Property for Fiscal Year 2013-2014 is shown in Table 2. City of Tustin 5 CFD No. 13-01 (Services) "I 2 NEW Land Use Type Maximum Special Tax Residential Property MFR Property $346 per Residential Unit Affordable Unit — Moderate $346 per Residential Unit Afford-able Unit — Low N/A Affordable Unit — Very Low N/A Public Property $0.29 per BSF Non-Residential Property Commercial Property $0.35 per BSF Office Property $0.29 per BSF Non-Conforming Property $0.35 per BSF For each subsequent Fiscal Year following Fiscal Year 2013-2014, the Maximum Special Tax shall be increased by 2% Undeveloped Property For any Fiscal Year, each Assessors Parcel classified as Undeveloped Property shall be exempt from the levy of Special Taxes. lky)=- I =� Each Fiscal Year commencing in Fiscal Year 2013-2014, each Assessors Parcel of Mixed Use Property shall be subject to a Special Tax. The Maximum Special Tax for an Assessor's Parcel classified as Mixed Use Property shall be equal to the sum of Maximum Special Taxes that may be applied to each Land Use TNTe located on that Assessor s Parcel. City of Tustin 6 CFD No. 13-01 (Services) IN D METHOD OF APPORTIONMENT OF SPECIAL TAX Commencing in Fiscal Year 2013-2014 and for each subsequent Fiscal Year as provided in Section F the CFD Administrator shall levy a Special Tax on all Taxable Property until the total amount of Special Taxes levied equals the Special Tax Requirement in accordance with the following steps: Step One: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at 100% of the applicable Maximum Special Tax to satis4, the Special Tax Requirement. to Two: 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 Permitted Property up to 100% of the applicable Maximum Special Tax for Permitted Property E. PREPA YMEN T OF SPECIAL TAX The Special Tax is levied for the purpose of financing ongoing Services and therefore may not be prepaid, F TERMINATION OF SPECIAL TAX The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement for Service. G. EXEMPTIONS The CFD Administrator shall classify as Exempt Property- (i) Undeveloped Property (ii) Property Owner Association Property (iii) Affordable Units that are considered Low Income or Very Low Income, or (iv) Assessor's Parcels subject to public or utility easements, including Assessor's Parcels designated as open space, endangered species habitat or for flood control purposes, making impractical the utilization of such Assessor's Parcels for other purposes than those set forth in the casement. H APPEALS Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax that is disputed. The CFD Administrator shall promptly review the appeal, and if necessary meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the decision of the CFD Administrator requires that the Special Tax for an Assessors Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessors Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Tax. L MANNER OF COLLECTION The annual Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the Special Taxes may be billed and collected at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 13- 01 City of Tustin 7 CFD No. 13-01 (Services) MAP OF PROPOSED BOUNDARIES OF CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 13-01 FILED 114 THE Off" OF THE CITY CLERK THIS COUNTY OF ORANGE -DAY OF - 2013 STATE OF CALIFORNIA I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES of THE CITY OF TUSTIN COMMUM7Y FACILITIES DMTRICT NO. 13-01. COUNTY OF ORANGE, STATE OF CALIFORWA WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF TUSTIN) A REGULAR MEETING THEREOF. HELD ON Tt DAY OF zou,syr RESOLUTION NO. JEFFREY PARKER CITY CLERK CITY OF TUSTIN DOLMOY RECORDFRIS CFRTIFr_ATE Fn_EO THIS _ DAY OF 2DI_ AT THE HOUR OF M. BOOK OF MAPS OF A"ESSMEN AND COMMUNITY FACAJOES DISTPJCTS AT PA(W(S)_ATTHE REQUEST OF THE CITY OF TUSTIN IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ORANGE, STATE OF CALIFORNW FEE INST NO TOM DALY, COUNTY CLERK-HECOROER BY DEPUTY COUNTY CLERK -RECORDER OOtWM OF ORANGE THE LINES AND DIMENSIONS OF EACH LOT C PARCEL SHOWN ON THIS MAP SHALL BE THOSE LINES AND DAAENS"S As SHOWN I THE ORANGE COUNTY ASSESSOWS MAPS 11 THOSE PARCELS LISTED THE ORANGE COUNTY ASSESSOR'S mAps SI GOVERN FOR ALL DETALS CONCERNING TH LINES AND DiMNSIONS OF SUCH LOTS OR PARCELS LEGEND - CFO BOUNDARY SHEET I Of I �R'Tjl 17