RESOLUTION R2022-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND FUTURE ANNEXATION AREA AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN
CITY OF MANTECA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(MANTECA PUBLIC SAFETY, MAINTENANCE & SERVICES)
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), the City Council of the City of Manteca (the “City”) may commence proceedings for the establishment of a community facilities district; and WHEREAS, this City Council has received a Petition (including Waivers) from the landowners requesting that it establish a community facilities district under the Act to provide for the costs of police services; fire protection services; and maintenance of roads, parks, landscapes, streetscapes, and streetlights; and related appurtenances, and this City Council now desires to commence proceedings to establish a community facilities district and future annexation area as described herein; and WHEREAS, this City Council has previously adopted local goals and policies for the formation of community facilities districts within the City; and WHEREAS, under the Act, this City Council is the legislative body for the proposed community facilities district and is empowered with the authority to establish the community facilities district and levy special taxes within the community facilities district; and WHEREAS, this City Council now desires to proceed with the actions necessary to consider the establishment of the community facilities district; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Manteca, as follows:
The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council’s adoption of this Resolution.
This City Council proposes to conduct proceedings to establish the community facilities district pursuant to the Act, and hereby determines that public convenience and necessity require the formation of the community facilities district and a future annexation area to fund public services.
The name of the proposed community facilities district is City of Manteca, Community Facilities District No. 2022-1 (Manteca Public Safety, Maintenance & Services) (the “District”). The name proposed for the territory proposed to be annexed into the CFD in the future is “City of Manteca Community Facilities District No. 2022-1 (Manteca Public Safety, Maintenance & Services) (Future Annexation Area)” (the “Future Annexation Area”).
The proposed boundaries of the District and Future Annexation Area are as shown on the map of the District on file with the City Clerk, a copy of which is attached hereto as Exhibit “A”, which Exhibit is by this reference incorporated herein. The proposed boundaries are hereby preliminarily approved. The City Clerk is hereby directed to record, or cause to be recorded, the map of the boundaries of the District and the Future Annexation Area in the office of the San Joaquin County Recorder no later than fifteen (15) days after the adoption of this Resolution.
The type of services proposed to be funded by the District and Future Annexation Area by proceeds of the special tax shall consist of those services described in Exhibit “B” hereto, which Exhibit is by this reference incorporated herein (the “Services”).
The City Council hereby determines that the Services are necessary to meet increased demands for such services placed upon local agencies as the result of development occurring within the area of the District and the Future Annexation Area. The Services are in addition to those provided in the territory of the District and the Future Annexation Area as of the date hereof and will not supplant services already available within the territory of the District and the Future Annexation Area as of the date hereof.
Except where funds are otherwise available, a special tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the District, will be levied annually within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this City 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 District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, is described in Exhibit “C” attached hereto, which Exhibit is by this reference incorporated herein. The special tax shall be levied perpetually until the collection of the special tax by the City ceases.
The City Council hereby determines that the Special Tax proposed to pay for Services to be supplied within the Future Annexation Area shall be equal to any special tax levied to pay for the same Services in the existing District, except that a higher or lower tax may be levied within the Future Annexation Area to the extent that the actual cost of providing the Services in the Future Annexation Area is higher or lower than the cost of providing those Services in the existing District. In so finding, City Council does not intend to limit its ability to levy a special tax within the Future Annexation Area to provide new or additional services beyond those supplied within the existing District.
This City Council 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 District.
The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballots among the landowners in the proposed District, with each landowner having one vote for each acre or portion of an acre of land such landowner owns in the District.
A special tax shall be levied in the Future Annexation Area only with the Unanimous Approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.
Except as may otherwise be provided by law or the rate and method of apportionment of the special tax for the District, all lands owned by any public entity, including the United States, the State of California, and/or the City, or any departments or political subdivisions of any thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Services and any expenses of the District.
The Director of Public Works of the City is hereby directed to study the proposed Services and to make, or cause to be made, and file with the City Clerk a report required by Section 53321.5 of the Act presenting the following:
(a) A brief description of the Services.
(b) An estimate of the fair and reasonable initial annual cost of providing the Services, including the incidental expenses in connection therewith, any City administration costs and all other related costs.
Said report shall be made a part of the record of the public hearing provided for below. The Director of Public Works may delegate to consultants the duty to perform the study and prepare the report.
11. Tuesday, November 1, 2022, at 7:00 p.m. or as soon thereafter as the matter may be heard in the regular meeting place of this City Council at 1001 West Center Street, Manteca, California, or virtually as noticed by the City, are hereby appointed and fixed as the time and place when and where this City Council, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience, and necessity require the formation of the District and the levy of said special tax.
12. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said hearing. The notice shall be substantially in the form of Exhibit “D” hereto.
13. This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Manteca at a public meeting of said City Council held on the 20th day of September, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: __________________________
BENJAMIN J. CANTU
Mayor
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
EXHIBIT “A”
CITY OF MANTECA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(MANTECA PUBLIC SAFETY, MAINTENANCE & SERVICES)
PROPOSED BOUNDARIES OF THE DISTRICT
See Attachment 2
EXHIBIT “B”
CITY OF MANTECA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(MANTECA PUBLIC SAFETY, MAINTENANCE & SERVICES)
DESCRIPTION OF SERVICES
It is intended that the District will be eligible to fund all or a portion of the direct and incidental costs of police services; fire protection services; and maintenance of roads, parks, landscapes, streetscapes, and streetlights; and related appurtenances, within or adjacent to the District.
The District may fund any of the following related to the maintenance of the services described in the preceding paragraph: obtaining, constructing, reconstructing, furnishing, and operating and maintaining equipment, apparatuses or facilities related to providing the services; equipment, apparatuses, facilities, or fixtures in areas to be maintained; paying the salaries and benefits of personnel necessary or convenient to provide the services; payment of insurance costs and other related expenses; and the provision of reserves for repairs, replacements, and for the future provision of services. It is expected that the services will be provided by the City, either with its own employees or by contract with third parties, or any combination thereof. The District may also fund administrative fees of the City related to the District.
The services to be financed by the District are in addition to those provided in the territory of the District before the date of creation of the District and will not supplant services already available within that territory when the District is created.
EXHIBIT “C”
CITY OF MANTECA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(MANTECA PUBLIC SAFETY, MAINTENANCE & SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
See Attachment 2
EXHIBIT “D”
CITY OF MANTECA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(MANTECA PUBLIC SAFETY, MAINTENANCE & SERVICES)
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of Manteca will conduct a public hearing on Tuesday, November 1, 2022, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the City Council Chambers located at 1001 West Center Street, Manteca, California, or virtually as noticed by the City, to consider the following:
CITY OF MANTECA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(MANTECA PUBLIC SAFETY, MAINTENANCE & SERVICES)
On September 20, 2022, the City Council of the City of Manteca adopted a Resolution entitled “A Resolution of the City Council of the City of Manteca, State of California, Declaring Its Intention to Establish a Community Facilities District and Future Annexation Area and to Authorize the Levy of Special Taxes Therein” (the “Resolution of Intention”). Reference is hereby made to the Resolution of Intention on file in the office of the City Clerk of the City of Manteca for further particulars.
In the Resolution of Intention, the City Council declared its intention to form the City of Manteca Community Facilities District No. 2022-1 (Manteca Public Safety, Maintenance & Services) (the “District”) and the City of Manteca Community Facilities District No. 2022-1 (Manteca Public Safety, Maintenance & Services)) (Future Annexation Area) (the “Future Annexation Area”) to fund the costs of police services; fire protection services; and maintenance of roads, parks, landscapes, streetscapes, and streetlights; and related appurtenances, as further identified in an exhibit to the Resolution of Intention. The proposed boundaries of the District and Future Annexation Area were identified in another exhibit to the Resolution of Intention, and the Resolution of Intention identified a proposed special tax to be levied on real property to be included in the District and Future Annexation Area to pay for the costs of the services.
In the Resolution of Intention, the City Council provided that the levy of the special tax will be subject to a mailed ballot election among the owners of land in the District. The City Council ordered the City’s Director of Public Works to prepare a report on the District, and the City Council called for a public hearing on the District and Future Annexation Area.
At the hearing, the testimony of all interested persons or taxpayers for or against the establishment of the District and Future Annexation Area, the extent of the District or the furnishing of specified types of services will be heard. Any person interested may file a protest in writing with the City Clerk. If fifty percent or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be included in the District, or the owners of one-half or more of the area of land in the territory proposed to be included in the District and not exempt from the special tax file written protests against the establishment of the District and Future Annexation Area and the protests are not withdrawn to reduce the value of the protests to less than a majority, the City Council of the City shall take no further action to establish the District and Future Annexation Area or authorize the special taxes for a period of one year from the date of the decision of the City Council, and if the majority protests of the registered voters or the landowners are only against the furnishing of a type or types of services within the District and Future Annexation Area, or against levying a specified special tax, those types of services, or the specified special tax, will be eliminated from the proceedings to form the District and Future Annexation Area.
Any person interested in these matters is invited to attend and present testimony either for or against the above item. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Council during or prior to the public hearing. ___________
Cassandra Candini-Tilton
City Clerk
City of Manteca
R2022-XX Page PAGE 3 of NUMPAGES 9 September 20, 2022 ATTACHMENT 1
R2022-XX Page PAGE 1 of NUMPAGES 9 September 20, 2022