Report Prepared by: Julie Nelson, Associate Planner, Development Services Department
Title
SUBJECT: Public Hearing - Holding Election for Annexation No. 9 into Community Facilities District 2003-2 (Services)
REPORT IN BRIEF
Hold a public hearing and election for annexation into Community Facilities District 2003-2 (Services) Annexation No. 9 for property located at the southeast corner of Mercy Avenue and Mansionette Drive (Mansionette Estates Unit No. 5).
RECOMMENDATION
City Council - Complete the following items in order:
A. Hold a Public Hearing on the annexation of certain property into the CFD and the levy of special taxes.
B. Adopt Resolution 2016-37, a Resolution of the City Council of the City of Merced, acting as the Legislative Body of the Community Facilities District No. 2003-2 (Services) of the City of Merced determining the validity of prior proceedings, calling a special election related to Annexation No. 9.
C. Hold Election.
D. Adopt Resolution 2016-38, a Resolution of the City Council of the City of Merced, acting as the Legislative Body of the Community Facilities District No. 2003-2 (Services) of the City of Merced canvassing the results of the election held within Annexation No. 9 of said District.
E. Adopt Resolution 2016-39, a Resolution of the City Council of the City of Merced, acting as the Legislative Body of the Community Facilities District No. 2003-2 (Services) of the City of Merced, annexing Annexation No. 9 to said district and authorizing the levy of a special tax within said Annexation No. 9.
Body
ALTERNATIVES
1. Hold the public hearing and approve the actions as recommended by staff; or,
2. Continue the public hearing and request modification or amendment of the documents and provide direction to City staff regarding the same; or,
3. Hold the public hearing and decline to authorize action as recommended.
AUTHORITY
Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code (the “Act”), commonly known as the “Mello-Roos Community Facilities Act of 1982,” and the City’s Policy on new development.
DISCUSSION
Pursuant to the Act and the City’s policies, on July 18, 2016, the City Council, acting as the legislative body of the CFD, declared its intention to annex certain property to the Community Facilities District (CFD) No. 2003-2 (Services) for the ME-5, Incorporated development (Mansionette Estates Unit No. 5 - Attachment 1) who petitioned the City for annexation to the CFD (the “Development”). The services to be provided may include all or a portion of the following: police and fire protection services, maintenance of parks, landscaping, parkways, open space and storm drain maintenance and other services authorized or to be authorized by the Act and the City’s Municipal Code. The annexation to the CFD is a condition of approval of recording the subdivision’s map and is contained in the Subdivision Agreement of the developer.
In accordance with the Act, a map of the proposed boundaries of Annexation No. 9 was recorded with the City Clerk and filed with the County Recorder’s Office.
A public hearing was properly noticed for this evening. Provided there is no majority protest at the close of the public hearing, the City Council may call a special election for this evening for the annexation to the CFD of Annexation No. 9. The Developer has submitted waivers regarding the election time. The special election will ask the Developer to authorize: (a) the annexation to the CFD of Annexation No. 9; and, (b) the levy of an annual special tax within Annexation No. 9. The Developer has submitted a sealed ballot to the City Clerk (the election official). Should the proposition pass with a two-thirds vote from the qualified voters (the landowner) as shown in the resolution canvassing the vote, the City may adopt the resolution of annexation.
The participating developer shall be responsible for the costs of annexation.
IMPACT ON CITY RESOURCES
The annexation of the property in CFD No. 2003-2 (Services) would allow a special tax to be levied on this property to cover the costs of landscape and storm drain maintenance and a portion of the costs for Police and Fire services to the area.
ATTACHMENTS
1. Location Map
2. Waiver from Developer
3. Draft Resolution determining the validity of the prior proceedings
4. Draft Resolution canvassing the results of the election
5. Draft Resolution annexing Annexation No. 9 into CFD No. 2003-2 (Services)