CC Resolution 11483RESOLUTION NO. iinas
A RESOLUTION OF INTENTION TO ANNEX TERRITORY TO COMMUNITY
FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES
THEREIN CITY OF CAMPBELL Community Facilities District No. 1
Annexation No. 1
RESOLVED by the City Council (the "Council") of the City of Campbell (the "City"), County of
Santa Clara, State of California, that:
WHEREAS, this Council has conducted proceedings to establish Community Facilities District
No. 1 (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended
(the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the
California Government Code; and
WHEREAS, under the Act, this Council, as the legislative body for the CFD, is empowered with
the authority to annex territory to the CFD;
WHEREAS, this Council now desires to undertake proceedings to annex territory to the CFD
and, although the territory is currently outside the territorial limits of the City, proceedings for
annexation of the territory to the City are underway.
NOW, THEREFORE, IT IS HEREBY ORDERED as follows
1. Findings. This Council hereby finds and determines that public convenience and
necessity require that territory be added to the CFD.
2. Territory Described. The name of the existing CFD is "City of Campbell Community
Facilities District No. 1." The territory included in the existing CFD is set forth in the map of the
CFD heretofore recorded as Instrument No. 21888088 in the Santa Clara County Recorder's
Office on October 4, 2012, in Book 48 at Page 28 of Maps of Assessment and Community
Facilities Districts, to which map reference is hereby made. The territory now proposed to be
annexed to the CFD is as shown on the Annexation Map for the captioned Annexation No. 1 to
the CFD, on file with the Clerk, the boundaries of which territory are hereby preliminarily
approved and to which map reference is hereby made for further particulars. The City Clerk is
hereby directed to cause to be recorded such Annexation Map, showing the territory to be
annexed, in the office of the County Recorder of the County of Santa Clara within fifteen days of
the date of adoption of this resolution.
3. The Services. The types of public services financed by the CFD and pursuant to the Act
consist of those municipal services (the "Services") as described in Exhibit A to Resolution of
Formation with respect to the CFD adopted by the Council as Resolution No. 11474 on
November 5, 2012 (the "Resolution of Formation"). It is presently intended that the Services will
be provided only to the territory proposed to be annexed to the CFD and not to the territory
currently in the CFD.
4. Special Tax. Except to the extent that funds are otherwise available to the CFD to pay
for the Services, a special tax sufficient to pay the costs thereof is intended to be levied annually
within the CFD, and collected in the same manner as ordinary ad valorem property taxes. The
special tax will believed to pay for Services provided to the territory proposed to be annexed to
the CFD and will be based on the actual cost of providing the Services in such territory. The
existing rate and method of apportionment of special tax (the "Rate and Method") among the
parcels of real property within the existing territory of the CFD, as described in Exhibit B to the
Resolution of Formation, will not be altered in connection with the proposed annexation. The
proposed rate and method of apportionment of the special tax among the parcels of real
property within the CFD, as now in existence and following the annexation proposed herein, in
sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD
to estimate the maximum amount such owner will have to pay, are described in the Rate and
Method. The Rate and Method is attached to this Resolution as Exhibit A.
5. Hearing. Tuesday, January 15, 2013 at 7:30 p.m.or as soon as possible thereafter, in
the City Hall, Council Chambers, 70 N. First Street, Campbell, California, be, 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 matters described in this Resolution.
6. Notice. The City Clerk is hereby directed to cause notice of said public hearing to be
given by publication one time in a newspaper of general circulation in the area of the CFD,
including the area to be annexed to the CFD. The publication of said notice shall be completed
at least seven days before the date herein set for said hearing. Such notice shall be
substantially in the form specified in Section 53339.4 of the Act, with a summary form
specifically authorized.
7. Effective Date. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED this 4'h day of December, 2012 by the following roll call vote
AYES COUnCllmemberS: Cri stina, Baker, Waterman, Low, Kotowski
None
NOES Councilmembers:
None
ABSENT: Councilmembers:
ABSTAIN: Councilmembers: None
APPROVED:
/ L ~x ' /~~
c 1
Michael F. Kotowski, Mayor
ATTES
A ne Bybee, City Clerk
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
CITY OF CAMPBELL
COMMUNITY FACILITIES DISTRICT 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 Stale 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 15~ 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.
TABLE1
MAXIMUM SPECIAL TAX RATES
Property 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 At'NOrt r rOrvmtrv r
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 9/28/20'12
CITY OF CAMPBELL
COMMUNITY FACILITIES DISTRICT NO. 7
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