RESOLUTION NO. R-2023-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, DECLARING ITS INTENTION TO
ALLOW FOR FUTURE ANNEXATIONS OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT 2018-01 (TOD
MAINTENANCE SERVICES).
A. Recitals.
(i) The City Council of the City of Placentia ("City Council"), initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors to authorize the levy of a special tax in a community facilities district, all as authorized 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 California Government Code ("Act") denominated COMMUNITY FACILITIES DISTRICT NO. 2018- 01 (TOD Maintenance Services) ("District"), Resolution No. 2018-18. (ii) The City Council desires to provide for the authorization to annex territory in the future to the District.
(iii) The City Council has determined it to be within the public interest and convenience to establish a procedure to allow and provide for future annexations to the District. That in the formation of the District, the City Council had designated the territory subject to future annexation area on the Map of Proposed Boundaries of the Community Facilities District No. 2018-01 ("Map"), which Map and future annexation areas, was approved at a public hearing as part of the proceedings for the formation of the District. (iv) The territory proposed to be annexed in the future shall be known as "City of Placentia Community Facilities District No. 2018-01 (TOD Maintenance Services) (Future Annexation Area)" (the "Future Annexation Area"), and the Map showing the territory proposed to be annexed in the future will be submitted and approved as part of these proceedings and a copy thereof shall be kept on file with the transcript of these proceedings.
(v) In connection with the development of property in the District, and which property is within the Future Annexation Area, the City Council has received a petition ("Petition") signed by the landowners requesting the institution of proceedings for annexation to the District.
(vi) The City Council has determined that the Petition complies with the requirements of California Government Code § 53318 and now intends to annex the property to the District.
Resolution R-2023-31 ATTACHMENT 2
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. The facts set forth in the Recitals, Part A of this Resolution, are true and correct and incorporated herein by reference.
2. These proceedings for future annexation of territory to the District are authorized and initiated by the legislative body pursuant to the authorization of California Government Code § 53339.2.
3. The City Council hereby determines that the public convenience and necessity requires and this City Council further declares its intention to provide for the establishment of a procedure to allow and authorize territory to be annexed in the future to the District in in order to finance the costs and expenses for the authorized public services.
4. The name of the District is the "Community Facilities District No. 2018-01 (TOD Maintenance Services)," and the designation for the Future Annexation Area shall be "City of Placentia Community Facilities District No. 2018-01 (TOD Maintenance Services) (Future Annexation Area)."
5. The Future Annexation Area is delineated on the Map, which Map was adopted by the City Council with the formation of the District. A copy of said Map is on file in the Office of the City Clerk and shall remain open for public inspection. The boundaries of the property within the Future Annexation Area proposed to be annexed to the District are described in Exhibit "A" attached hereto ("Property") and upon the annexation to the District said Property shall be subject to taxation by the District and subject to all the terms and requirements set out in this resolution.
6. The services proposed to be provided and financed by the District for the Future Annexation Area and Property are the same types of services described in Exhibit "A" attached to the formation of the District Resolution No. 2018-18. The services are in addition to those provided in or required for the territory within the District and will not be replacing services already available. The same type of services which are authorized to be financed by the District are the types of services to be provided to the Future Annexation Area and Property. If, and to the extent possible, such services shall be provided in common with the District.
7. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act, a special tax within the boundaries of the Future Annexation Area and the Property, secured by recordation of a continuing lien against all nonexempt real property in such Future Annexation Area and Property, sufficient to pay for the services and incidental expenses.
The rate and method of apportionment and manner of collection of the special tax within the boundaries of the Future Annexation Area is described in detail in Exhibit "B," Rate Resolution R-2023-31 ATTACHMENT 2
and Method of Apportionment ("RMA"), in the District formation Resolution No. 2018-18.
The RMA allows each landowner within the proposed Future Annexation Area to estimate the maximum amount that may be levied against each parcel. In the first year in which such special tax is levied, the levy shall include an amount sufficient to repay the District all amounts if any, transferred to the District pursuant to § 53314 of the Act and interest thereon.
The special tax proposed to be levied within the Future Annexation Area for services to be supplied within the Future Annexation Area shall be equal to the special tax levied to pay for the same services in the District, except that a higher or lower special 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 District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the RMA.
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. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer.
The maximum special tax rate in the District shall not be increased as a result of the annexation of the Future Annexation Area and Property to the District.
8. Annexation of territory in the future shall be effective upon the unanimous approval of such annexation by the owner or owners of any such parcel at the time the parcel is annexed and the vote by the qualified electors of such territory to authorize the levy of special taxes within such territory pursuant to the applicable RMA, and no further public hearings or additional proceedings will be required to accomplish such annexation.
9. A public hearing ("Hearing") on the annexation of the Property to District, the proposed rate and method of apportionment of the special tax and Incidental Expenses shall be held on June 20, 2023, at 7 :00 o' clock p. m., or as soon thereafter as the matter may be heard, at the chambers of the City Council of the City of Placentia, 401 E. Chapman Avenue, Placentia, California 92870. Should the City Council determine to annex the Property to the District, immediately thereafter, a special election will be held within the District to authorize the levy of the special tax in accordance with the procedures contained in California Government Code § 53326. If held, the proposed voting procedure at the elections will be a landowner vote with each landowner who is the owner of record of land subject to annexation to the District at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the Annexation. Ballots for the special elections may be distributed by mail or by personal service prior to the Hearing.
Resolution R-2023-31 ATTACHMENT 2
10. At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within the proposed Future Annexation Area, may appear and be heard.
11. The City Clerk is hereby directed to publish a notice ("Notice") of the Hearing pursuant to California Government Code § 6061 in a newspaper of general circulation published in the area of the proposed District. Such Notice shall contain the text of this Resolution, state the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed Annexation as provided in § 53324 of the Act and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing.
ADOPTED AND APPROVED this 16th day of May 2023.
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
I, Robert S. McKinnell, City Clerk of the City of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 16th day of May 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2023-31 ATTACHMENT 2
EXHIBIT "A"
ANNEXATION PROPERTY BOUNDARIES
Resolution R-2023-31 ATTACHMENT 2