HomeMy WebLinkAboutResolution 1999-75
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CITY OF GILROY
COMMUNITY FACILITIES DISTRICT NO.1
(Emergency Medical Services)
RESOLUTION NO. 99-~
RESOLUTION OF INTENTION TO FORM COMMUNITY
FACILITIES DISTRICT AND TO LEVY A SPECIAL TAX
The City Council ofthe City of Gilroy resolves:
1. Pursuant to Section S3318 of the California Government Code, this
City Council intends to institute proceedings to establish a community facilities district
within the City under the terms of the Community Facilities Act of 1982, Chapter 2,S of
Division 2 of Title 5 of the California Government Code, commencing with Section
S3311, The proposed boundaries of the community facilities district are shown on the
boundary map on file with the City Clerk of the City and approved by resolution of this
City Council adopted this same date, This City Council hereby finds that any property
included within the proposed boundary which is currently in agricultural use will
nonetheless be benefited by the proposed services to be financed in part with the proceeds
of the special taxes to be levied and collected within the community facilities district.
2, The name of the proposed community facilities district shall be
"Community Facilities District No, I (Emergency Medical Services), City of Gilroy,
County of Santa Clara, State of California" ("CFD No, I").
3. The types of emergency medical services proposed to be provided
within CFD No, I are set forth on the Exhibit A attached to this Resolution,
4, The types of incidental expenses proposed to be incurred and paid
from proceeds of the special tax are set forth on Exhibit B attached to this Resolution,
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S, Except where funds are otherwise available, a special tax in an
amount to be determined, but subject to the specified maximum annual special tax on any
parcel, will be annually levied within CFD No, 1, and the proceeds of the special tax shall
be utilized solely for the authorized emergency medical services and the authorized
incidental expenses, Upon recordation of a notice of special tax lien pursuant to
Section 3114,S 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 within CFD No, 1,
and this lien shall continue in force and effect until levy and collection of the tax by the
City ceases, The rate and method of apportionment of the special tax is set forth in the
Exhibit C attached to this Resolution,
6, Advances of funds or contributions of work in kind from any
lawful source, specifically including but not limited to general fund resources of the City
and owners of property within CFD No, 1, may be reimbursed from special tax revenue
or both to the extent of the lesser of the value or cost of the contribution, but any
agreement to do so shall not constitute a debt or liability of the City or ofCFD No,!.
7. This City Council hereby sets Monday, October 18, 1999, at 7:00
P,M" or as soon thereafter as the matter may be heard, in the Council Meeting Chamber
of the City at 73S1 Rosanna Street, Gilroy, California 9S020, as the time and place for the
public hearing on the establishment of CFD No, 1. At the hearing, testimony concerning
CFD No, 1, the extent of the territory comprising CFD No. I, the furnishing of the
particular types of emergency medical services, the proposed rate and method of
apportionment of the special tax, or any other aspect of the proposed CFD No, 1 will be
heard and protests will be considered from registered voters residing within CFD No.1, if
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any, and from persons owning real property within CFD No. 1. As provided by the Act,
written protests by a majority of the registered voters (but not less than six registered
voters) or by the owners of a majority of the land within the proposed CFD No, 1 will
constitute a "majority protest" and will require the suspension of proceedings for at least
one year. Any qualified person wishing to submit a written protest must file it with the
City Clerk of the City at or before the time fixed for the hearing, If such majority
protests are directed only against certain elements of the proposed emergency medical
services or incidental expenses or against the proposed special tax, the City Council
reserves entitlement to continue the proceedings, as provided by the Act, deleting from
the proceedings only those elements against which the majority protests are directed,
9, It is anticipated that the special tax will be billed as a separate line
item on the regular property tax bill of the County of Santa Clara. However, this City
Council reserves the right, under Section S3340, to utilize any method of collecting the
special tax which it shall, from time to time, determine to be in the best interests of the
City, including, but not limited to, direct billing by the City to the property owners and
supplemental billing,
10. The Administrative Services Director of the City (the
"Administrative Services Director") is directed to study the proposed CFD No, 1 and to
cause the preparation and filing of the report required by Section S3321.S of the Act prior
to the time of the public hearing, The Administrative Services Director may delegate this
duty to consultants to perform the study and to prepare and submit the report.
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11. If an election is held in these proceedings, it is the intention of the
City Council that the electors will be the registered voters within the proposed CFD No, 1,
12, This City Council also intends to establish the annual appropriations
limit ofCFD NO.1 at $2,200,000, beginning with the 2000-2001 fiscal year,
]3, The City Clerk is hereby directed to have a notice of hearing,
containing the matters specified by Section 53322 ofthe Act, published one time in the Gilroy
Dispatch no later than October II, 1999,
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PASSED AND ADOPTED this 7th day of September, 1999 by the following vote:
AYES:
COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, and GILROY
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNClLMEMBERS: SUDOL
APPROVED:
K~ ~~'\\
K. A. Mike Gilroy, Mayor
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Rhonda Pellin; City Clerk
RESOLUTlONNO, 99-75
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EXHIBIT A
LIST OF AUTHORITY EMERGENCY MEDICAL SERVICES
1. Paramedic Services (Including Related Equipment)
2, Ambulance Services (Including Related Equipment)
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EXHIBIT B
Incidental Exoenses
It is anticipated that the following incidental expenses may be incurred with respect
to CFD No. I and may be included in each annual special tax levy:
Boundary Map preparation and recording services
Personnel and administrative costs of the City
Special Tax Consultant services
Special Legal Counsel services
Publishing, mailing and posting of notices and ballots
Governmental notification and filing costs
Costs of posting and collecting the special taxes
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EXHIBIT C
OPTION "B"
CITY OF GILROY
COMMUNITY FACILITIES DISTRICT No. 1
(EMERGENCY MEDICAL SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A special tax applicable to eacli Assessor's Parcel in C,ommunity Facilities District ~ o. I (herein "cm
No.1") shall be levied and collected according to the tax liability detennined by the City COlIDCil of
the City of Gilroy, through the application of the appropriate rate for Taxable Property, as described
below. All of the property in CFD No. I, unless exempted by law or by the provisions of Section E
below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including
property subsequently annexed to cm No. I unless a separate Rate and Method of Apportionment
of Special Tax is adopted for the annexation area.
A. DEFINITIONS
The terms hereinafter set forth liave the following meanings:
"Administrator" shall mean the person or firm designated by the City to administer tlie Special Tax
according to this Rate and Method of Apportionment of Special Tax,
"Assessor's Parcel" or "Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County of Santa
Clara designating parcels by Assessor's Parcel Number.
"City" means the City of Gilroy.
"Council" means the City Council of the City of Gilroy, acting as the legislative body of cm No.1.
"Developed Fraternal Organization Property" means, in any Fiscal Year, all Assessor's Parcels
for which a construction building pennit was issued prior to July I of that Fiscal Year for a building
used by a non-profit fraternal organization, including the Elks Club, Masons, Moose Club,
Oddfellows, or other such organizations as identified by the City.
"Developed High-Density Residential Property" means, in any Fiscal Year, all Assessor's Parcels
of residential property for which a construction building permit was issued prior to July 1 of that Fiscal
Year for development of three or more Residential Units on a single Parcel.
"Developed Industrial Property" means, in any Fiscal Year, all Assessor's Parcels for which a
construction building pennit was issued prior to July I of that Fiscal Year for a building designated
by City industrial zoning codes that existed or were proposed at the time of CFD formation, including
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Ml (Limited Industrial), M2 (General Industrial), Campus Industrial, or industrial wning codes
created as a result of future Zoning Ordinance updates.
~Developed Large Parcel Commercial Property" means, in any Fiscal Year, all Assessor's Parcels
measuring more than one acre for which a construction building permit was issued prior to July 1 of
that Fiscal Year for a building designated by City commercial zoning codes that existed or were
proposed at the time of CFD formation, including PO (Professional Office), CI (Neighborhood
Commercial), C2 (Central District Commercial), C3 (Shopping Center Commercial), HC (Highway
Commercial), CM (Commercial Industrial), or commercial wning codes created as a result offuture
Zoning Ordinance updates.
~Developed Low-Density Residential Propertyn means, in any Fiscal Year, all Assessor's Parcels
of residential property for which a construction building permit was issued prior to July 1 of that Fiscal
Year for development of one or two Residential Units on a single Parcel.
"Developed Religious Propertyn means, in any Fiscal Year, all Assessor's Parcels within CFD No.
1 for which a construction building permit was issued prior to July 1 of that Fiscal Year and that meet
both of the following criteria: (1) a structure has been built that is used as a place of worship, recto!)',
convent or private school, and (2) the Parcel is exempt from ad valorem property taxes because it is
oV\1led by a religions organization. If a Parcel meets one, but not both, of the aforementioned criteria,
it shall be taxed as Developed Commercial Property.
"Developed Small Parcel Commercial Property" means, in any Fiscal Year, all Assessor's Parcels
measuring one acre or less than one acre for which a construction building permit was issued prior
to July 1 of that Fiscal Year for a building designated by City commercial wning codes that existed
or were proposed at the time of CFD formation, including PO (Professional Office), Cl
(Neighborhood Commercial), C2 (Central District Commercial), C3 (Shopping Center Commercial),
HC (Highway Commercial), CM (Commercial Industrial), or commercial zoning codes created as a
result of future Zoning Ordinance updates.
"Fiscal Year" means the period starting July I and ending on the following June 30.
"Land Use Category" means any of the individual land use categories identified in Table I of
Section C, below,
"Maximnm Special Tax" means the maximum Special Tax, determined in accordance with Section
C, that can be levied in any Fiscal Year,
"Proportionately" means, in any Fiscal Year, that the ratio of the actual Special Tax to the
Maximum Special Tax is equal for all Assessor's Parcels in CFD No, 1,
"Public Property" means any property within the boundaries ofCFD No, I that is owned by the
federal government, State of California or other local governments or public agencies,
"Residential Unit" means a residential dwelling unit and shall include single family homes, individual
duplex, triplex, and fourplex units, condominiums, townhomes, and individual apartment units in a
multi-unit building,
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"Special Tax" means any special tax to be levied each Fiscal Year on Assessor's Parcels of Taxable
Property to fund the Special Tax Requirement as defined below,
"Special Tax Requirement" means the amount necessary in any Fiscal Year to: (i) pay the costs of
authorized services, (ii) pay administrative expenses ofCFD No, I, and (iii) cure any delinquencies
in the payment of Special Taxes levied in prior Fiscal Years or (based on delinquencies in the payment
of Special Taxes which have already taken place) are expected to occur in the Fiscal Year in which
the tax will be collected,
"Taxable Property" means all Assessor's Parcels of Developed Fraternal Organization Property,
Developed High-Density Residential Property, Developed Industrial Property, Developed Large
Parcel Commercial Property, Developed Low-Density Residential Property, Developed Religious
Property, and Developed Small Parcel Commercial Property, within the boundaries ofCFD No, I,
B, ASSIGNMENT TO LAND USE CLASS
Each Fiscal Year, the Administrator shall designate each Parcel of Taxable Property in CFD No.1 as
Developed Fraternal Organization Property, Developed High-Density Residential Property, Developed
Large Parcel Commercial Property, Developed Industrial Property, Developed Low-Density
Residential Property, Developed Religious Property, or Developed Srna1l Parcel Commercial Property.
The City will refer to County land use codes and City wning designations and, when the two are in conflict,
the City will make a determination as to which best reflects the current use on an individual Parcel. The
allocation of Parcels to a Land Use Category shall be determined in the sole discretion of the City.
C. MAXIMUM SPECIAL TAX
The following maximum rates shall apply to all Parcels of Taxable Property within CFD No. I for
each Fiscal Year in which the Special Tax is collected:
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TABLE 1
MAxIMuM SPECIAL TAX
(Fiscal Year 200().{) 1) *
Land Use Maximum
Category Special Tax
(Fiscal Year 2()oo{) 1) *
Developed High-Density Residential Property $373 per Parcel
Developed Low-Density Residential Property $95 per Parcel
Developed Large Parcel Commercial Property $3,116 per Parcel
Developed Small Parcel Commercial Property $373 per Parcel
Developed Industrial Property $176 per Parcel
Develoned Fraternal Or"anization Pronertv "Q~ npr Porrp]
Developed Religious Property $ 9 5 per Parcel
. On July 1, 2001 and on each July 1 thereafter, the Maximum Special Taxes shown in
Table 1 shall be increased by an amount equal to 2.096 of the amount in effect for the prior
Fiscal Year.
D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX
Commencing with Fiscal Year 2000-0 I, the Special Tax shall be levied on all Parcels of Taxable
Property as follows:
Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the Fiscal
Year in which the Special Tax will be collected;
Step 2: Calculate the total Special Tax revenues that could be collected from Taxable
Property within the CFD based on applying the Maximum Special Tax rates
determined pursuant to Section C to each Parcel of Taxable Property within
the CFD;
Step 3: If the amount determined in Step 1 is I!reater than or eoual to the amount calculated
in Step 2, levy the Maximum Special Tax set forth in Table 1 above on all
Parcels of Taxable Property in the CFD.
If the amount determined in Step I is less than the amount calculated in Step
2, levy the Special Tax Proportionately against all Parcels of Taxable Property
up to 100% of the Maximum Special Tax for each Parcel until the amount of
the Special Tax levy equals the Special Tax Requirement for that Fiscal Year,
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The Special Tax for CFD No, I shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes, provided, however, that CFD NO.1 may (under the authority of
Government Code Section S3340), in any particular case, bill the taxes directly to the property owner
off the County tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if
delinquent.
E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no
Special Tax shall be levied on Parcels of Public Property, except as otherwise provided in Sections
S3317.3 and S3317.S of the Act. In addition, no Special Taxes shall be levied on Parcels within CFD
No.1 which are detennined by the Administrator not to be Taxable Property.
F. APPEALS AND INTERPRETATIONS
In the event that a Parcel owner disagrees with the Land Use Category to which the Parcel has been
assigned, the Parcel owner may submit a written appeal to the City Manager, If it is determined, in
the City's sole discretion, that the Land Use Category should be changed, the Parcel will be assigned
to a different Land Use Category in future Fiscal Years, but will not be subject to reimbursement of
Special Taxes for any that have already been levied or collected in past Fiscal Years,
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, In
addition, the interpretation and application of any section of this document shall be left to the
Council's discretion.
C,IFllES\'N1'WIJ\"\GILROY\RMAB,899
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No, 99-75 is an original resolution, duly adopted by the Council ofthe City of Gilroy
at a regular meeting of said Council held on the 7th day of September, 1999, at which meeting a
quorum was present,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 22nd day of September, 1999.
(Seal)