Proceedings Under the Mello-Roos Community Facilities Act of 1982, Government Code Section 53311, Et. Seq., Approving the Formation of City of Livingston Community Facilities District No. 2013-1 (Livingston Family Apartments), Declaring the City’s Intention to Levy and Collect Special Taxes for Fiscal Year 2013/2014.

LIVINGSTON CA / June 17, 2013 —

5. Proceedings Under the Mello-Roos Community Facilities Act of 1982, Government Code Section 53311, Et. Seq., Approving the Formation of City of Livingston Community Facilities District No. 2013-1 (Livingston Family Apartments), Declaring the City’s Intention to Levy and Collect Special Taxes for Fiscal Year 2013/2014.

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STAFF REPORT

AGENDA ITEM: Proceedings Under the Mello-Roos Community Facilities Act of 1982, Government Code Section 53311, Et. Seq., Approving the Formation of City of Livingston Community Facilities District No. 2013-1 (Livingston Family Apartments), Declaring the City’s Intention to Levy and Collect Special Taxes for Fiscal Year 2013/2014.

MEETING DATE: June 18, 2013

PREPARED BY: Willdan Financial Services

REVIEWED BY: Jose Antonio Ramirez, City Manager

RECOMMENDATION:

Adopt Resolution No. 2013-_, a resolution of the City Council of the City of Livingston declaring its intention to establish Community Facilities District No. 2013-1 (Livingston Family Apartments) and to authorize the levy of a special tax therein to finance certain services.

BACKGROUND:

Since 2005, the City has used revenue from CFDs to fund certain municipal services. Through conditions of approval or terms of development agreements, new development has been required to participate in CFDs. CFO No. 2005-1 (Public Services) provides funding from new residential development for public safety services (police and fire) and park maintenance. CFO No. 2013-1 (Livingston Family Apartments) consists of a new multi-family residential development.

CFO No. 2013-1 (Livingston Family Apartments) will levy a special tax at the same rate as that levied on CFO No. 2005-1 (Public Services), so there is no increase in the rate of taxation.

DISCUSSION:

According to the Community Facilities Act of 1982, the City may establish a community facilities district to provide funding for police protection services and fire protection and suppression services, as well as park maintenance services. CFO No. 2013-1 (Livingston Family Apa1tments) is being formed to mitigate the financial impact of new development of a multi-family residential project.

Livingston Pacific Associates, owner of property within the proposed CFO No. 2013-1 (Livingston Family Apartments) boundary has indicated they wish to participate and are willing to sign a Consent and Waiver form. The City acknowledges that participation in CFO No. 2013-1 (Livingston Family Apartments) fully satisfies property owner obligations to participate in CFDs pursuant to the Development Agreement entered into on April 3, 2012 between City of Livingston and Livingston Pacific Associates.

The City has prepared a resolution declaring its intention to establish Community Facilities District No. 2013-1 (Livingston Family Apartments) and to authorize the levy of a special tax therein to finance certain services.

FISCAL IMPACT:

None to City; costs are borne by property owners within the referenced district.

ATTACHMENTS:

1. Resolution No. 2013-

RESOLUTION NO. 2013

A RESOLUTION OF THE CITY COUNCIL OF LIVINGSTON DECLARING ITS INTENTION TO ESTABLISH CITY OF LIVINGSTON COMMUNITY FACILITIES DISTRICT NO. 2013-1 (LIVINGSTON FAMILY APARTMENTS) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES

WHEREAS, the CITY COUNCIL of the CITY OF LIVINGSTON, CALIFORNIA (the "City Council"), has determined that it is necessary and desirable to create a community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), as amended, for the purpose of mitigating the financial impact of new development for police protection services, fire protection and suppression services, and park maintenance services; and

WHEREAS, the Act authorizes the City Council to establish a community facilities district and to levy special taxes within the community facilities district; and

NOW, THEREFORE, THE COUNCIL OF THE CITY OF LIVINGSTON HEREBY RESOLVES:

SECTION I. Recitals. The above recitals are all true and correct.

SECTION 2. Initiation of Proceedings. The City Council hereby declares its intention to conduct proceedings for the formation of a community facilities district pursuant to the provisions of the Act.

SECTION 3. Name of CFD. The proposed community facilities district shall be known and designated as "City of Livingston Community Facilities District No. 2013-1 (Livingston Family Apartments)" (the "CFD")

SECTION 4. Boundaries of CFD. A description of the exterior boundaries of the territory proposed for inclusion in the CFD, including properties and parcels of land proposed to be subject to the levy of a special tax by the CFD, is as shown on the boundary map designated as "PROPOSED BOUNDARY OF CITY OF LIVINGSTON COMMUNITY FACILITIES DISTRICT NO. 2013-1 (LIVINGSTON FAMILY APARTMENTS)," which is on file in the office of the City Clerk and is attached hereto as Exhibit A and hereby incorporated by reference.

SECTION 5. Description of Services. It is the intention of this City Council to finance certain services described below (the "Services"). The City Council hereby finds that the Services are in addition to those provided in the territory within the CFD prior to the establishment of the CFD and that such Services will not supplant services already available within that territory. A general description of the services to be provided is as follows:

The CPD is being formed to mitigate the financial impact due to new development of police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, and (iv) City overhead costs associated with providing such services within the CPD. Any increases in special taxes for costs related to employee wages and benefits shall be limited as provided in the Rate and Method of Apportionment of the Special Taxes to fund such services The Special Tax will finance services that are in addition to those provided in or required for the territory within the CPD and will not be replacing services already available. The Special Tax provides only partial funding for police and fire services.

The CPD is also being formed to mitigate the financial impact due to new development for park maintenance of the City of Livingston, including but not limited to, labor, material, administration, personnel, equipment, and utilities necessary to maintain park improvements within the CPD, including recreational facilities, trees, plant material, sod, irrigation systems, sidewalks, drainage facilities, weed control and other abatements, public restrooms, signs, monuments, and associated appurtenant facilities located within the CPD.

SECTION 6. Special Tax. It is hereby further proposed that, except where funds are otherwise available to pay for the Services, a special tax sufficient to pay for such Services and related incidental expenses authorized by the Act (the "Special Tax" or "Special Taxes"), secured by recordation of a continuing lien against all non-exempt real property in the CPD, will be levied annually within the boundaries of the CPD. Under no circumstances will the Special Tax authorized to be levied within the CPD be increased as a consequence of delinquency or default by the owner of any other parcel or parcels used for private residential purposes and located within the CPD by more than 10 percent. For further particulars as to the rate and method of apportionment of the Special Tax proposed to be levied within the CPD, reference is made to the attached and incorporated Exhibit B, which sets forth in sufficient detail the rate and method of apportionment of the Special Tax among parcels of real property in the CPD (the "Rate and Method") to allow each landowner or resident within the CPD to clearly estimate the maximum amount that such person will have to pay for such Services. The City Council hereby determines the Rate and Method set forth in Exhibit B to be reasonable.

The Special Taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes, or shall be collected in such other manner as may be provided by the City Council. Any Special Taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City Treasurer or duly appointed officer or agent of the City of Livingston, as appointed by the City Council.

SECTION 7. Public Hearing. Notice is given that on the 6th day of August, 2013, at the hour of 7 o’clock p.m. (or as soon thereafter as practical), in the regular meeting place of the City Council being the City Council Chambers, located at 1416 C Street, Livingston, California 96334, a public hearing will be held where this City Council will consider the establishment of the proposed CPD, the extent of the CPD, the furnishing of the Services within the CPD, and the proposed Rate and Method, and all other matters as set forth in this resolution of intention. At the above-mentioned time and place for public hearing any persons interested, including taxpayers, persons registered to vote within the CFD, and property owners, may appear and be heard. The testimony of all interested persons for or against the establishment of the CFD, the extent of the CFD, or the furnishing of the services will be heard and considered. Any protests may be made orally or in writing. However, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk of the City Council on or before the time fixed for the public hearing. Written protests may be withdrawn in writing at any time before the conclusion of the public hearing.

If a written majority protest against the establishment of the CFD is filed (as determined in accordance with Section 53324 of the Act), the proceedings shall be abandoned. If such majority protest is limited to certain services or portions of the Special Tax, those services or that tax shall be eliminated by the City Council.

SECTION 8. Election. If, following the public hearing described in Section 7 above, the City Council determines to establish the CFD and proposes to levy the Special Tax within the CFD, the City Council shall then submit the levy of the Special Taxes to the qualified electors of the CFD. The vote shall be by the landowners of the CFD with each landowner or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within the CFD.

The election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code and pursuant to the provisions of the California Elections Code, insofar as they may be applicable. Pursuant to said Section 53326 the ballots for the election shall be distributed to the qualified electors of the CFD by mail with return postage prepaid or by personal service and the special election shall be conducted as a mail ballot election.

A successful election relating to the Special Tax authorization shall, as applicable, establish the appropriations limit as authorized by Article XIIIB of the California Constitution as it is applicable to the CFD.

SECTION 9. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by causing a Notice of Public Hearing to be published in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing. In addition, notice of the time and place of said hearing shall also be given by first-class mail to each registered voter and to each landowner within the proposed CFD as prescribed by Section 53322.4 of said Act. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing, and shall contain the information required by said Section 53322 of the Act.

·SECTION 10. Exempt Properties. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the California Government Code, properties of entities of the state, federal, and local governments shall be exempt from the levy of Special Taxes for the financing of the Services of the proposed CFD. Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Taxes.

SECTION 11. Necessity. The City Council finds that the proposed Services described in Section 5 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of the proposed CFD.

SECTION 12. Annexation of Territory. Other property may be annexed into the CFD pursuant to the provisions of the Act.

SECTION 13. Public Interest. Pursuant to Section 53329.S(c) of the Act, the City Council finds, in its opinion, the public interest will not be served by allowing property owners in the CFD to enter into a contract pursuant to Section 53329.S(a) of the Act.

SECTION 14. Advances. The City or CFD may accept advances of funds or work-in-kind from any source, including, but not limited to, private persons or private entities, and is authorized and directed to use such funds or that work-in-kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating the CFD. The City or CFD may enter into an agreement with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council, with or without interest.

Section 15. Reports. Each City officer who is or will be responsible for providing one or more of the proposed types of services to be financed by the CFD, if it is established, is hereby directed to study the proposed CFD and, at or before the time of the public hearing, file a report with the City Council, which is to be part of the record of the public hearing, containing the following: (i) a brief description of the services by type that will in the City officer’s opinion be required to adequately meet the needs of the CFD and (ii) an estimate of the cost of providing those services.

Passed and adopted this 18th day of June, 2013, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

clip_image001[4]Rodrigo Espinoza, Mayor of the City of Livingston

ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 18th day of June, 2013.

clip_image002Antonio Silva, City Clerk of the City of Livingston

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