CC Resolution 11474RESOLUTION NO. i i a~n
RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT
WHEREAS, this Council adopted a resolution entitled "Resolution of Intention to Establish
Community Facilities District" (the "Resolution of Intention"), stating its intention to form "City of
Campbell Community Facilities District No. 1" (the "CFD") pursuant to Chapter 2.5 of Part 1 of
Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the
"Act");
WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the
CFD and stating the services to be provided and the rate and method of apportionment of the
special tax to be levied within the CFD to pay for the services, is on file with the City Clerk and
the provisions thereof are incorporated herein by this reference as if fully set forth herein, except
as amended by this resolution;
WHEREAS, on this date, this Council held a noticed public hearing as required by the Act and
the Resolution of Intention relative to the proposed formation of the CFD;
WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining
to the formation of the CFD, the services to be provided therein and the levy of such special tax
according to the rate and method of apportionment were heard and a full and fair hearing was
held;
WHEREAS, at the hearing evidence was presented to this Council on such matters before it,
including a special report (the "Report") as to the services to be provided through the CFD and
the costs thereof, a copy of which is on file with the City Clerk, and this Council at the
conclusion of said hearing is fully advised in the premises; and
WHEREAS, written protests with respect to the formation of the CFD, the furnishing of specified
types of services and the amended rate and method of apportionment of the special taxes have
not been filed with the City Clerk by 50% or more of the registered voters residing within the
territory of the CFD or property owners of one-half or more of the area of land within the CFD
and not exempt from the proposed special taxes.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell as
follows:
1. Recitals Correct. The foregoing recitals are true and correct.
2. No Majority Protest. The proposed CFD and the proposed special tax to be levied
within the CFD have not been precluded by majority protest pursuant to section 53324 of the
Act.
3. Prior Proceedings Valid. All prior proceedings taken by this City Council in connection
with the establishment of the CFD and the levy of the special tax have been duly considered
and are hereby found and determined to be valid and in conformity with the Act.
4. Name of the CFD. The community facilities district designated "City of Campbell
Community Facilities District No. 1" of the City is hereby established pursuant to the Act.
5. Boundaries of CFD. The boundaries of the CFD, as set forth in the map of the CFD
heretofore recorded in the Santa Clara County Recorder's Office on October 4, 2012, in Book
48 of Maps of Assessment and Community Facilities Districts at Page 28, as document number
21888088,are hereby approved, are incorporated herein by reference and shall be the
boundaries of the CFD.
6. Description of Services. The type of public services proposed to be financed by the
CFD and pursuant to the Act shall consist of those items shown in Exhibit A hereto and by this
reference incorporated herein (the "Services").
Special Tax.
a. 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 the
recordation of a continuing lien against all non-exempt real property in the CFD, is intended to
be levied annually within the CFD, and collected in the same manner as ordinary ad valorem
property taxes or in such other manner as may be prescribed by this Council.
b. 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 shown in Exhibit B
attached hereto and hereby incorporated herein.
8. Increased Demands. It is hereby found and determined that the Services are
necessary to meet increased demands placed upon local agencies, including the City, as the
result of the expected annexation of territory into the City. The Services are in addition to those
provided by the City in the territory of the CFD (including territory expected to be annexed to the
CFD in the future 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
territory expected to be annexed to the CFD in the future according to procedures established
by the Act) as of the date hereof.
9. Responsible Official. The Finance Director (or his designee) of the City of Campbell,
City Hall, 70 North First Street, Campbell, CA 95008, telephone number 408-866-2111, is the
officer of the City who will be responsible for preparing annually a current roll of the levy of the
Special Tax obligations by assessor's parcel number and who will be responsible for estimating
future levies of the Special Tax.
10. Tax Lien. 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
Tax shall attach to all nonexempt real property in the CFD and this 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 Tax by the City ceases.
11. Appropriations Limit. In accordance with the Act, the annual appropriations limit, as
defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the CFD
is hereby preliminarily established at $450,000 and such appropriations limit shall be submitted
to the voters of the CFD as hereafter provided. The proposition establishing such annual
appropriations limit shall become effective if approved by the qualified electors voting thereon
and shall be adjusted in accordance with the applicable provisions of the Act and the
Constitution.
12. Election. Pursuant to the provisions of the Act, the proposition of the levy of the Special
Tax and the proposition of the establishment of the appropriations limit specified above shall be
submitted to the qualified electors of the CFD at an election the time, place and conditions of
which election shall be as specified by a separate resolution of this Council. The City Manager
of the City is authorized to execute a ballot on behalf of the City.
13. Effective Date. This resolution shall take effect upon its adoption.
PASSED AND ADOPTED this stn day of November , 2012 by the following roll call
vote:
AYES Councilmembers: Cristina, Waterman, esker, Low, xotowski
NOES Councilmembers: None
ABSENT : Councilmembers: None
ABSTAIN: Councilmembers:
ATTE
~d-~
~ %~
nne Bybee, City Clerk
Michael F. Kotowski, Mayor
EXHIBIT A
CITY OF CAMPBELL
Community Facilities District No
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 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.
Exhibit A
Page 1
EXHIBIT B
CITY OF CAMPBELL
Community Facilities District No. 1
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Exhibit B
Page 1
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 9/28/2012
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 1s' of any calendar year through June 30~" 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 9/28/2012
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 to 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 9/28/2012
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 9/28/2012