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HomeMy WebLinkAboutCC Reso 2023-22 RESOLUTION NO. 2023-22 RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS, ESTABLISHING IMPROVEMENT AREA NO. 19 OF THE CITY OF CATHEDRAL CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1 (LAW ENFORCEMENT, FIRE, PARAMEDIC, PARK MAINTENANCE AND GENERAL MAINTENANCE SERVICES) WHEREAS, the City Council (the "Council") of the City of Cathedral City, California (the "City"), has heretofore adopted Resolution No. 2023-07 stating its intention to form Improvement Area No. 19 of the City of Cathedral City Community Facilities District No. 2006- 1 (law enforcement, fire, paramedic, park maintenance and general services) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the "Act"); and WHEREAS, a copy of Resolution No. 2023-07, incorporating a description and map of the proposed boundaries of The District and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within the District, which will be used to finance a portion of the cost of providing police protection services, fire protection/paramedic services and park maintenance services that are in addition to those provided in the territory within the District prior to the formation of the District and do not supplant services already available within the territory of proposed to be included in the District, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, Resolution No. 2023-07 set June 28, 2023 as the date of the public hearing on the formation of the District and this Council held the said public hearing as required by law; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the formation of the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearing is fully advised in the premises; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to Section 53325.1(b) of the Government Code, the Council finds and determines the proceedings prior hereto were valid and in conformity with the requirements of the Act. Section 2. A community facilities district to be designated "Improvement Area No. 19 of the City of Cathedral City Community Facilities District No. 2006-1 (law enforcement, fire, paramedic, park maintenance and general maintenance services)" is hereby established pursuant to the Act. Section 3. The description and map of the boundaries of the District on file in the City Clerk's office and as described in said Resolution No. 2023-07 and incorporated herein by reference, shall be the boundaries of the District. The map of the proposed boundaries of the District has been recorded in the Office of the County Recorder of Riverside County, California in Book 91, page 25 of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number 2023-0148068). Section 4. Except where funds are otherwise available, there shall be levied annually in accordance with procedures contained in the Act, a special tax sufficient to finance a portion of the cost of providing police protection, fire protection/paramedic and park maintenance services that are in addition to those provided in the territory within The District prior to the formation of the District and do not supplant services already available within the territory proposed to be included in the District. The rate and method of apportionment of the special tax and manner of collection is described in detail in Exhibit "A" attached hereto and incorporated herein by this reference. The special tax shall be utilized to pay for authorized services. Section 5. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the Council hereby establishes the following accountability measures pertaining to the levy by the District within the District of the special tax: A. Such special tax shall be levied for the specific purposes set forth herein. B. The proceeds of the levy of such special tax shall be applied only to the specific purposes set forth herein. C. The District shall establish an account or accounts into which the proceeds of such special tax shall be deposited. D. The City Manager, or his or here designee, acting for and on behalf of the District, shall annually file a report with the Council as required pursuant to Government Code Section 50075.3. Section 6. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all real property in the District, and this lien shall continue in force and effect until the special tax obligation is canceled in accordance with law or until collection of the tax by the City ceases. Section 7. The Council finds that the proposed public services are necessary to meet the increased demand put upon the City as a result of the development within the District. Section 8. The Council finds that there is not an ad valorem property tax currently being levied on property within the proposed the District for the exclusive purpose of financing police, fire, paramedic and park maintenance services. Section 9. Written protests against the establishment of the District, or against the furnishing of specified services or facilities or the levying of a specified special tax within the 2 District, have not been filed by fifty percent (50%) or more of the registered voters or property owners of one-half(1/2) or more of the area of land within the proposed the District. Section 10. Written protests against the future annexation of the Future Annexation Area, or against the furnishing of specified services or facilities or the levying of a specified special tax within such Future Annexation Area, have not been filed by fifty percent (50%) or more of the registered voters or property owners of one-half(1/2) or more of the area of land within the Future Annexation Area. Section 11. The Office of the City Manager, 68700 Avenida Lalo Guerrero, Cathedral City, California 92234, (760) 770-0340, or its designee, is designated to be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code. Section 12. The City Clerk is directed to certify and attest to this Resolution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the levy of the special tax, and the establishment of the appropriation limit. PASSED, APPROVED and ADOPTED this 28th day of June, 2023 by the following votes: AYES: Councilmembers Gutierrez, Gregory and Ross; Mayor Pro Tem Carnevale and Mayor Lamb NOES: None ABSENT: None ABSTAIN: None MA R ATTEST: JtC-L iziyI , N'l14k:L/ LL CITY CL APPROVED AS T CITY ATTORNEY 3 EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX RATE AND METHOD OF APPORTIONMENT FOR IMPROVEMENT AREA NO. 19 OF COMMUNITY FACILITIES DISTRICT NO. 2006-1 (NEWPORT 17) OF THE CITY OF CATHEDRAL CITY A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in Improvement Area No. 19 ("IA No. 19") of Community Facilities District No. 2006-1 of the City of Cathedral City("CFD No. 2006-1") and collected each Fiscal Year commencing in Fiscal Year 2023-2024, in an amount determined by the Council through the application of the appropriate Special Tax for"Developed Property" as described below. All of the real property in IA No. 19, 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. "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 IA No. 19: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise);the costs to the City, IA No. 19 or any designee thereof of complying with City or IA No. 19 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes;the costs of the City, IA No. 19 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 IA No. 19 for any other administrative purposes of IA No. 19, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number. "CFD Administrator" means an official of the City, or designee thereof, responsible for the annual administration of IA No. 19 as provided herein. City of Cathedral City April 14,2023 IA No. 19 of CFD No.2006-1 (Newport 17) Page 1 "CFD No. 2006-1" means Community Facilities District No. 2006-1 of the City. "City" means the City of Cathedral City. "Consumer Price Index" means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for "All Urban Consumers" in the Los Angeles - Anaheim - Riverside Area, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the City of Los Angeles. "Council" means the City Council of the City, acting as the legislative body of CFD No. 2006-1. "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, 2021 and prior to May 1 of the previous Fiscal Year. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Floor Area" for any Non-Residential Property means the total square footage of the building(s) located on such property, measured from outside wall to outside wall, exclusive of overhangs, porches, patios, carports, or similar spaces attached to the building but generally open on at least two sides. The determination of Floor Area shall be made by reference to the building permit(s) issued for such Assessor's Parcel. "Improvement Area No. 19" means Improvement Area No. 19 of CFD No. 2006-1 (Newport 17), as identified on the boundary map for CFD No. 2006-1. "Land Use Class" means any of the classes listed in Table 1. "Maximum Special Tax" means the Maximum Special Tax, determined in accordance with Section C.1 below, which can be levied in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all Assessor's Parcels for which a building permit(s) was issued for a non-residential use. "Non-Retail Commercial/Industrial Property" means all Assessor's Parcels of Developed Property that are considered Non-Residential Property and that are not Retail Commercial Property. "Property Owner Association Property" means, for each Fiscal Year, any Assessor's Parcel within the boundaries of IA No. 19 that was owned by or irrevocably offered for City of Cathedral City April 14,2023 IA No. 19 of CFD No.2006-1 (Newport 17) Page 2 dedication to a property owner association, including any master or sub-association, as of January 1 of the previous Fiscal Year. "Public Property" means, for each Fiscal Year, (i) any property within the boundaries of IA No. 19 that was owned by or irrevocably offered for dedication to the federal government,the State,the City or any other public agency as of January 1 of the previous Fiscal Year; 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; or (ii) any property within the boundaries of IA No. 19 that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement. "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. "Retail Commercial Property" means all Assessor's Parcels of Non-Residential Property for which the building permit was issued for a retail sales tax generating use or which is being used primarily for a retail sales tax generating use, as determined by the CFD Administrator. However, if the land use of an Assessor's Parcel changes and such Assessor's Parcel no longer generates retail sales tax, such Assessor's Parcel shall no longer be considered Retail Commercial Property and shall be classified and taxed according to its use, as determined by the CFD Administrator. "Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No. 19 which are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. "Welfare Exemption" means, for each Fiscal Year, any Assessor's Parcel that is used exclusively for charitable, hospital, or religious purposes and that has a property tax welfare exemption as indicated in the County's assessor's roll finalized as of the last preceding January 1. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within IA No. 19 shall be classified as Developed Property or Undeveloped Property and shall be subject to Special Taxes in accordance City of Cathedral City April 14,2023 IA No. 19 of CFD No.2006-1 (Newport 17) Page 3 with the rate and method of apportionment determined pursuant to Section C. Residential Property shall be assigned to Land Use Class 1. Non-Retail Commercial/Industrial Property shall be assigned to Land Use Class 2. C. MAXIMUM SPECIAL TAX 1. Developed Property a. Maximum Special Tax The Maximum Special Tax for Fiscal Year 2023-2024 for each Land Use Class is shown below in Table 1. TABLE 1 Maximum Special Tax for Developed Property For Fiscal Year 2023-2024 Improvement Area No. 19 Land Use Class Description Maximum Special Tax 1 Residential Property $662.87 per unit 2 Non-Retail $0.1541 per square foot of Floor Commercial/Industrial Property Area b. Increase in the Maximum Special Tax On each July 1, commencing on July 1, 2024, the Maximum Special Tax shall be increased (but not decreased) by the percentage change in the Consumer Price Index not to exceed one percent (1%) per Fiscal Year. c. 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. 2. Undeveloped Property No Special Tax shall be levied on Undeveloped Property. City of Cathedral City April 14,2023 IA No. 19 of CFD No.2006-1 (Newport 17) Page 4 D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2023-2024 and for each following Fiscal Year, the Council shall levy the Special Tax on each Assessor's Parcel of Developed Property at 100% of the applicable Maximum Special Tax. E. EXEMPTIONS No Special Tax shall be levied on Retail Commercial Property, Property Owner Association Property, Public Property, or any Assessor's Parcel that has a Welfare Exemption. However, should an Assessor's Parcel no longer be classified as Retail Commercial Property, Property Owner Association Property, Public Property, or have a Welfare Exemption, its tax-exempt status will, without the necessity of any action by the Council, terminate. F. APPEALS AND INTERPRETATIONS Any landowner or resident 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 Taxes 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 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 Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator's determination. 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 Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however,that IA No. 19 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. City of Cathedral City April 14,2023 IA No. 19 of CFD No.2006-1(Newport 17) Page 5 H. TERM OF SPECIAL TAX The Council is authorized to levy the Special Tax in perpetuity. City of Cathedral City April 14,2023 IA No. 19 of CFD No.2006-1 (Newport 17) Page 6