CC Resolution 11466RESOLUTION NO. ~~F
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL INTENDING TO ESTABLISH A COMMUNITY FACILITIES
DISTRICT
WHEREAS, under the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of
Division 2 of Title 5, commencing at Section 53311, of the California Government Code (the
"Act"), this Council is authorized to establish a community facilities district and to act as its
legislative body;
WHEREAS, this Council now desires to proceed with the establishment of a community facilities
district to finance costs of certain public services.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Campbell as follows:
1. Authority. This Council proposes to conduct proceedings to establish a community
facilities district pursuant to the Act.
2. Name of CFD. The name proposed for the community facilities district is "City of
Campbell Community Facilities District No. 1" (the "CFD").
3. Boundaries Described. The proposed boundaries of the CFD are as shown on the
boundary map on file with the City Clerk, which boundaries are hereby preliminarily approved
and to which map reference is hereby made for further particulars. The City Clerk is hereby
directed to record, or cause to be recorded, the map of the boundaries of the CFD in the office
of the County Recorder within 15 days of the date of adoption of this Resolution.
4. Services. The type of services proposed to be financed by the CFD pursuant to the Act
shall consist of those listed in Exhibit A hereto and hereby incorporated herein (the "Services").
The Services are in addition to those provided by the City in the territory of the CFD (including
the territory expected to be annexed to the CFD according to procedures established by the Act)
as of the date hereof and will not supplant services already available from the City within the
territory of the CFD (including the territory expected to be annexed to the CFD according to
procedures established by the Act) as of the date hereof.
5. Special Tax. Except to the extent that funds are otherwise available to the CFD to pay
for the Services, a special tax (the "Special Tax') sufficient to pay the costs thereof, secured by
recordation of a continuing lien against all non-exempt real property in the CFD, will be levied
annually within the CFD, and collected in the same manner as ordinary ad valorem property
taxes, or in such other manner as this Council or its designee shall determine, including direct
billing of the affected property owners. The proposed rate and method of apportionment of the
Special Tax among the parcels of real property within the CFD in sufficient detail to allow each
landowner within the proposed CFD to estimate the maximum amount such owner will have to
pay, are described in Exhibit B attached hereto and hereby incorporated herein (the "Rate and
Method"). This Council hereby finds that the provisions of Section 53313.6, 53313.7 and
53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed
by a community facilities district) are inapplicable to the proposed CFD.
6. Exempt Property. Except as may otherwise be provided by law or by the rate and
method of apportionment of the Special Tax for the CFD, all lands owned by any public entity,
including the United States, the State of California, the County of Santa Clara and/or the City, or
any departments or political subdivisions thereof, shall be omitted from the levy of the Special
Tax to be made to cover the costs and expenses of the Services and the CFD. In the event that
a portion of the property within the CFD shall become for any reason exempt, wholly or in part,
from the levy of the Special Tax, this Council will, on behalf of the CFD, increase the levy to the
extent necessary upon the remaining property within the CFD which is not exempt in order to
yield the annual expenses of the CFD, if any, subject to the provisions of the rate and method of
apportionment of the Special Tax.
7. Election. The levy of the Special Tax in the CFD shall be subject to the approval of the
qualified electors of the CFD at a special election. The proposed voting procedure shall be by
mailed or hand-delivered ballot among the landowners in the proposed CFD, with each owner
having one vote for each acre or portion of an acre such owner owns in the CFD.
8. CFD Report. The City Manager (or deputy or designee thereof) is hereby directed to
study the proposed Services and to make, or cause to be made, and file with the City Clerk a
report in writing (the "CFD Report"), which shall be a part of the record of the public hearing
hereinafter specified and which report shall present the following:
(a) A description of the Services that will be required to adequately meet the needs
of the CFD.
(b) An estimate of the fair and reasonable cost of the Services and incidental
expenses in connection therewith, and all other related costs.
9. Public Hearing. Will be held on Monday, November 5, 2012, at 7:30 p.m. or as soon as
possible thereafter, in the City Hall, Council Chambers, 70 North First Street, Campbell,
California, and the same are hereby appointed and fixed as the time and place when and where
this Council, as legislative body for the CFD, will conduct a public hearing on the establishment
of the CFD and consider and finally determine whether the public interest, convenience and
necessity require the formation of the CFD and the levy of the Special Tax.
10. Notice of Hearing. The City Clerk is hereby directed to cause notice of the public
hearing to be given by publication one time in a newspaper published in the area of the CFD.
The publication shall be completed at least 7 days before the date of the public hearing
specified above.
The City Clerk may also cause notice of the hearing to be given to each property owner within
the CFD by first class mail, postage prepaid, to each such owner's address as it appears on the
most recent tax records of the County or as otherwise known to the City Clerk to be correct.
Such mailing (if any) shall be completed not less than 15 days before the date of the public
hearing.
The notice of the public hearing shall be substantially in the form specified in Section 53322 of
the Act, with the form summarizing the provisions hereof hereby specifically approved.
11. Appointment of Legal Counsel; Special Tax Consultant. The City Council hereby
appoints (i) Jones Hall, A Professional Law Corporation, as legal counsel to the City in
connection with formation of the CFD and (ii) NBS, as special tax consultant to the City in
connection with formation of the CFD. The Finance Director is hereby authorized to execute a
retainer agreement with each of these firms in substantially the form and substance of the
agreement on file with the City Clerk.
12. Effective Date. This resolution shall take effect upon its adoption.
PASSED AND ADOPTED this 2ntl day of October, 2012 by the following roll call vote:
AYES Councilmembers: Cristina, Baker, Waterman, Low, Kotowski
NOES Councilmembers: None
ABSENT : Councilmembers: None
ABSTAIN: Councilmembers: None
APPROVED:
Michael F. Kotowski, Mayor
ATTEST:
~~ 6~
~;~ Anne bee, City Clerk
3
0
v
m
a
W 2
~ J F
J
~ W
m
F
a
OQp
GVW
yOE=
a~U
OULL
a=~
LL H -
O LL ~
a°~
~ ~
0
U
aesE
~°6 ;¢-s
a~r as
~
' ad
S
3
E a
,
~~~ i
4~~" r
g~z
~g ~
cZ
ym
~ ~
/~ o
">
b
~: ?n `°5
e 2
4e
F[3"
~3s~
~~. ~
~~
~
~-
C~~ 1 3
C L
F
t
~x ~~~~£
aa
~9b~c 73~
q
~3Y~
o
~ s~
~
~ `l
~
~ a
y
~e a ibis
~
~a € I"'
c ~~~ y
~~E edn
~2
" O J
to €
t 3 €
V
I
YI
I V .
,
_
~
. _ ..
i _ ~
i ~ ` V
~a
u~ , '
o
< `',
~ m3
0
00
w
~
i
-_~
.-
I
O y
U
I
__
,;
~y
"a"~'~i 1
o
}t ~
~ "~
i S
~~ ~'us ~.a
~ 0
'
„~,4 ~~ ~
_.
i
-< L
~iM ~ A~„
°~at ~i ~
`~
-
.
_..
.
o
~ ~ - L
~8q
Sg
N ~~.
Yr~ RR_
g
'6
3
g
CK
~~
p~
~2
O
N
W
~ ~
p93g ~~
.
a ~k
x
3 fi
~~k ~
as~ ~6
+ ~ a--~~ 4~ S
~
q Y
4~
~~ ~ k
wH s
3
° ~
~~5~
~ g
~~~~~ I
x ~~
~
k~e i]
d
3 x~~ C
~ 9 g ~.
f
m
,
N a~~y~ db.x ~ s~~ J ;tk
~
I ~ ~E~ss ~ g W~" ~ ~~
~
tk ~ ~~~ka a ~$dtl ~ ~~r
t"'
W Z
~ J V
~ W ~
m
7 ~ fA
OQa
CVW
rwpr
a~v
aW
o LL
Q O
Q
U
I I.
5~
UQ
Q
LL
'
...
,
~
0 0
~
§
;;
.xH
~_
;ui
~~
a
N ~~
M as
LY ~~
a
Z ~~
~~
g®
ga
EXHIBIT A
CITY OF CAMPBELL
Community Facilities CFD No. 1
DESCRIPTION OF SERVICES
The City of Campbell Community Facilities District No. 1 will levy a Special Tax for the
purposes of providing funding for the following services ("services" shall have the meaning
given that term in the Mello-Roos Community Facilities Act of 1982). The services include all
related administrative costs, expenses and related reserves for replacement of vehicles,
equipment and facilities:
Fire Services -suppression and prevention, rescue services and equipment, land and
buildings, cost of personnel and professional contract services and services related thereto.
Law Enforcement -public protection and equipment, land and buildings, cost of
personnel and professional contract services and services related thereto.
Flood and Storm Protection -operation and maintenance of storm drainage systems,
cost of personnel and professional contract services and services related thereto.
Street Maintenance -periodic maintenance and service of streets within the District,
including streetsweeping, cost of personnel and professional contract services and services
related thereto.
Recreation Programs -recreation program services, operation and maintenance of
museums and other cultural facilities, cost of personnel and professional contract services and
services related thereto.
EXHIBIT B
CITY OF CAMPBELL
Community Facilities CFD No. 1
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
CITY OF CAMPBELL
COMMUNITY FACILITIES DISTRICT NO. 1
A Special Tax shall be levied and collected in City of Campbell Community Facilities District No. 1 (the
"District") each Fiscal Year, in an amount determined by the application of the procedures described
below. All of the real property in the District, unless exempted by the provisions hereof, shall be taxed for
the purposes, to the extent and in the manner herein provided.
I. DEFINITIONS
The terms used herein shall have the following meanings:
"Acreage" or "Acre" means that acreage shown on the Assessor's Parcel Map or in the Assessor's
Data for each Assessor's Parcel. In the event that the Assessor's Parcel Map or Assessor's Data shows
no acreage, the Acreage for any Assessor's Parcel shall be determined by the District Administrator
based upon the applicable condominium plan, final map or 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 Act of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to
the administration of the District: the costs of computing the Annual Special Tax Requirement and the
annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting
the Special Taxes; the costs of the City or designee in complying with the disclosure requirements of
applicable federal and state securities laws and the California Government Code (including the Act),
including public inquiries regarding the Special Taxes; the costs of the City or designee related to an
appeal of the Special Tax; the costs of commencing and pursuing to completion any foreclosure action
arising from delinquent Special Taxes in the District; the costs of the City (including its legal counsel)
related to the administration of any letter of credit or other security provided for the payment of Special
Taxes, and any fees or expenses related to any such letters of credit. Administrative Expenses shall also
include amounts advanced by the City for any administrative purposes of the District and an allocable
share of the salaries and an allocable portion of City overhead costs relating to the foregoing.
"Annual Services Costs" means the amounts required to fund services listed on Exhibit A.
"Annual Special Tax Requirement" means (A) that amount with respect to the District determined by
the Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the
Annual Services Costs, (3) any amount required to replenish any reserve fund established in connection
with the District, (4) reasonably anticipated delinquent Special Taxes based on the delinquency rate for
Special Taxes levied in the previous Fiscal Year, and (B) less available funds.
"Assessor's Data" means Acreage or other Parcel information contained in the records of the County
Assessor.
"Assessor's Parcel" 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.
"City" means the City of Campbell, County of Santa Clara.
"Council" means the City Council of the City, acting as the legislative body of the District.
"County" means the County of Santa Clara, California.
"Developed Property" means, for each Fiscal Year, all Taxable Property, for which a building permit was
issued prior to the June 1 preceding the Fiscal Year for which the Special Tax is being levied.
CFD No. 1 Page 1 9/19/2012
CITY OF CAMPBELL
COMMUNITY FACILITIES DISTRICT NO. 1
"District" means the City of Campbell Community Facilities District No. 1
"District Administrator" means an official of the City, or designee or agent or consultant, responsible for
determining the Annual Special Tax Requirement and providing for the levy and collection of Special
Taxes each Fiscal Year.
"Exempt Property" means all property located within the boundaries of the District which is exempt from
the Special Tax pursuant to Section V below.
"Finance Director" means the official of the City who is the chief financial officer or other comparable
officer of the City or designee thereof.
"Fiscal Year" means the period from July 15' of any calendar year through June 30th of the following
calendar year.
"Maximum Special Tax Rate" means the maximum Special Tax authorized for levy in any Fiscal Year
that may apply to Taxable Property as described in Section III.
"Non-Residential Property" means all property other than Single Family Detached Property or Public
Property.
"Parcel" means a lot or parcel with a parcel number assigned by the assessor of the County.
"Proportionately" means that the ratio of the actual Special Tax levied in any Fiscal Year to the
Maximum Special Tax Rate authorized to be levied in that Fiscal Year is equal for all Assessor's Parcels.
"Public Property" means property within the boundaries of the District owned by, irrevocably offered or
dedicated to, or for which an easement for purposes of public or private road right-of-way has been
granted to the federal government, the State of California, the County, the City, or any local government
or other public agency.
"Single Family Detached Property" means all parcels of Developed Property with a single residential
structure on a single parcel where the dwelling unit does not share a common wall with another unit.
"Special Tax" means the amount levied in each Fiscal Year on each Assessor's Parcel of Taxable
Property to fund the Annual Special Tax Requirement.
"Taxable Property" means all property located within the boundaries of the District which is not exempt
from the Special Tax pursuant to Section V below.
"Unit" means, for Single Family Detached Property, an individual single family residential unit..
II. DETERMINATION OF TAXABLE PARCELS
On Julv 1 of each Fiscal Year, the District Administrator shall determine the valid Assessor's Parcel
Numbers for the current Fiscal Year for all property within the District. If any Parcel numbers are no
longer valid from the previous Fiscal Year, the District Administrator shall determine the new Parcel
number or numbers that are in effect for the current Fiscal Year. To the extent a Parcel or Parcels are
subdivided, consolidated or otherwise reconfigured, the Special Tax rates shall be assigned to the new
Assessor's Parcels pursuant to Section III.
CFD No. 1 Page 2 9/19/2012
CITY OF CAMPBELL
COMMUNITY FACILITIES DISTRICT NO. 1
III. ANNUAL SPECIAL TAX - METHOD OF APPORTIONMENT
All property shall be subject to a Special Tax defined as follows, except as provided in Section V.
The Special Tax shall be levied each Fiscal Year by the District Administrator. The Annual Special Tax
Requirement shall be apportioned to each parcel within the District by the method shown below.
First. Determine the Annual Special Tax Requirement.
Second. Levy the Special Tax on each Parcel of Taxable Property Proportionately, up to the
Maximum Special Tax Rate described in Table 1 to satisfy the Annual Special Tax
Requirement.
TABLE 1
MAXIMUM SPECIAL TAX RATES
Prooertv Tvoe Rate Per
Single Family Detached Property $325.00 Unit
Non-Residential Property 600.00 Parcel
The above rates shown in Table 1 are effective for the 2013/14 Fiscal Year and shall not increase.
IV. FORMULA FOR PREPAYMENT OF SPECIAL TAX OBLIGATIONS
The Special Tax may not be prepaid.
V. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special
Taxes shall be levied on Public Property, except as otherwise provided in this Section. Any property
acquired by a public entity for non-public use development shall be subject to the Special Tax. Until such
time as another Parcel is annexed to the District, Assessor's Parcel No. 412-28-049 shall be considered
Taxable Property. Upon annexation of another Parcel to the District, Assessor's Parcel No. 412-28-049
will no longer be subject to the Special Tax. The City expects to add additional properties to the District as
a result of annexation proceedings.
VI. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The Council reserves the right to make minor administrative and technical changes tc this document that
do not materially affect the rate and method of apportioning the Maximum Special Tax Rates. In addition,
the interpretation and application of any section of this document shall be at the Council's discretion.
VII. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a
different time or in a different manner if needed to meet the financial obligations of the District, and may
collect delinquent Special Taxes through foreclosure or other available methods.
A Special Tax shall continue to be levied and collected within the District to fund the Annual Special Tax
Requirement for a forty year term, beginning with the 2013/14 Fiscal Year through and including the
2052/53 Fiscal Year.
CFD No. 1 Page 3 9/19/2012
CITY OF CAMPBELL
COMMUNITY FACILITIES DISTRICT NO. 1
EXHIBIT "A"
The City of Campbell Community Facilities District No. 1 will levy an Annual Special Tax for the purposes
of providing funding for the following services. The services include all related administrative costs,
expenses and related reserves for replacement of vehicles, equipment and facilities:
Fire Services - suppression and prevention, rescue services and equipment, land and buildings, cost of
personnel and professional contract services and services related thereto.
Law Enforcement -public protection and equipment, land and buildings, cost of personnel and
professional contract services and services related thereto.
Flood and Storm Protection -operation and maintenance of storm drainage systems, cost of personnel
and professional contract services and services related thereto.
Street Maintenance -periodic maintenance and service of streets within the District, including street
sweeping, cost of personnel and professional contract services and services related thereto.
Recreation Programs -recreation program services, operation and maintenance of museums and other
cultural facilities, cost of personnel and professional contract services and services related thereto.
CFD No. 1 Page 4 9/19/2012