HomeMy WebLinkAbout03-032 - Resolutions RESOLUTION NO. 03-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS
CAPACITY AS THE LEGISLATIVE BODY OF RANCHO
CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-
01 DECLARING THE NECESSITY TO INCUR A BONDED
INDEBTEDNESS WITHIN EACH OF IMPROVEMENT AREA
NOS. 1 AND 2 OF CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2003-01 AND
ORDERING SUBMITTED TO THE QUALIFIED ELECTORS OF
EACH IMPROVEMENT AREA WITHIN THE DISTRICT
PROPOSITIONS RELATING TO THE RESPECTIVE
IMPROVEMENT AREA
RECITALS:
A. The City Council (the "City Council") of the City of Rancho Cucamonga,
California (the "City"), has previously adopted Resolution No. 02-327 stating
its intention to conduct proceedings to form City of Rancho Cucamonga
Community Facilities District No. 2003-01 (the "District") and to establish two
improvement areas, Improvement Area No. 1 and Improvement Area No. 2
(each an "Improvement Area" and collectively the "Improvement Areas")
therein pursuant to the Mello-Roos Community Facilities Act of 1982, as
amended, commencing with Section 53311 of the California Government
Code (the "Act") to finance certain public facilities.
B. The City Council has previously adopted Resolution No. 02-328 stating the
City Council's intention, in its capacity as the legislative body of the District, to
authorize the issuance and sale of a series of bonds for Improvement Areas
No. 1 in the maximum aggregate principal amount of $16,000,000 and a
series of bonds for Improvement Area No. 2 in the maximum aggregate
principal amount of$4,000,000.
C. Resolution Nos. 02-327 and 02-328 set February 5, 2003 as the date of a
public hearing (the "Hearing") on the establishment of the District and the
Improvement Areas therein, the extent of the District and of each proposed
Improvement Area, the furnishing of specified types of public facilities within
the District, the proposed rate and method of apportionment of the special tax
within each Improvement Area, and the proposed debt issues.
D. A notice of the Hearing was published and mailed to all landowners proposed
to be included in the District in accordance with the Act.
E. Prior to the Hearing there was filed with the City Council a report (the
"Report") containing a description of the facilities necessary to adequately
meet the needs of the District and an estimate of the cost of financing such
facilities as required by Section 53321.5 of the Act.
Resolution No. 03-032
Page 2 of 8
F. On February 5, 2003, the City Council opened the Hearing and continued the
Hearing to February 19, 2003.
G. At the Hearing, all persons desiring to be heard on all matters, pertaining to
the establishment of the District and of each proposed Improvement Area, the
extent of the District and each proposed Improvement Area to the furnishing
of specified types of public facilities within the District, to the proposed rate
and method of apportionment of the special tax, and to the proposed debt
issues were heard and a full and fair hearing was held.
H. At the Hearing evidence was presented to the City Council on the matters
before it and the City Council at the conclusion of the Hearing is fully advised
as to all matters relating to the formation of the District and the establishment
of the Improvement Areas therein, the levy of the special tax and the
issuance of bonded indebtedness therein.
I. On February 19, 2003, subsequent to Hearing, the City Council adopted is
Resolution No. 03-031 (the 'Resolution of Formation"), which established the
District, authorized the levy of the special tax, and took certain related
actions.
J. The City Council desires to hold a special election in each Improvement Area
at which time there will be submitted to the qualified electors of each
respective Improvement Area certain propositions relating to the authorization
to levy a special tax, the establishment of an appropriations limit for the
District, and the incurring of a bonded indebtedness to pay for certain
facilities to serve the District.
K. The City Council has determined that there have been fewer than twelve
registered voters residing in the proposed boundaries of the District and each
proposed Improvement Area therein for the period of 90 days prior to
February 19, 2003 and that the qualified electors within each Improvement
Area are the landowners within the respective Improvement Area.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: Recitals: The above recitals are all true and correct.
SECTION 2: Necessary to Incur Bonded Indebtedness. The City Council
hereby declares that it is necessary to incur a bonded
indebtedness for the District in an aggregate principal amount not
to exceed $16,000,000 for Improvement Area No. 1 and an
aggregate principal amount not to exceed $4,000,000 for
Improvement Area No. 2 as authorized under the terms and
provisions of the Act.
Resolution No. 03-032
Page 3 of 8
SECTION 3: Purpose of Bonded Indebtedness. The bonded indebtedness will
be incurred for the purpose of financing the costs of designing,
acquiring and constructing the Facilities as defined in the City's
Resolution No. 03-032 and the Resolution of Formation, and
incidental expenses, including, but not limited, to the financing of
the costs associated with the issuance of the bonds and all other
costs necessary to finance the Facilities which are permitted to be
financed pursuant to the Act.
SECTION 4: Boundaries of Improvement Areas. The whole of the property
within Improvement Area No. 1, other than property exempted
from the special tax pursuant to the provisions of the rate and
method of apportionment for Improvement Area No. 1, attached to
the Resolution of Formation as Exhibit "B-1" shall pay for the
bonded indebtedness of Improvement Area No. 1. The whole of
the property within Improvement Area No. 2, other than property
exempted from the special tax pursuant to the provisions of the
rate and method of apportionment for Improvement Area No. 2,
attached to the Resolution of Formation as Exhibit "B-2" shall pay
for the bonded indebtedness of Improvement Area No. 2. The
description and map of the boundaries of the District and the
Improvement Areas, on file in the office of the City Clerk and as
described in the Resolution of Formation and incorporated herein
by reference, shall be the boundaries of the District and the
Improvement Areas.
SECTION 5: Bond Terms. The bonds shall bear interest at a maximum interest
rate of 12 percent per annum or such rate not in excess of the
maximum rate permitted by law at the time the bonds are issued,
payable semiannually or in such other manner as the City Council
or its designee shall determine, with the actual rate or rates and
time of payment of such interest to be determined by the City
Council or its designee at the time or times of sale of said bonds.
The term of the bonds of each series shall be determined
pursuant to a resolution of the City Council authorizing the
issuance of such series, but such term shall in no event exceed 30
years from the date of issuance of such series of bonds or such
longer term as is then permitted by law.
SECTION 6: Accountability Measures. Pursuant to and in compliance with the
provisions of Article 1.5 (commencing with Section 53410) of
Chapter 3 of Part 1 of Division 2 of Title 5 of the Government
Code, the City Council hereby establishes the following
accountability measures pertaining to any bonded indebtedness
incurred by or on behalf of the District, including any bonded
indebtedness for an Improvement Area:
Resolution No. 03-032
Page 4 of 8
A. Such bonded indebtedness shall be incurred for the specific
single purpose set forth in Section 3 above.
B. The proceeds of any such bonded indebtedness shall be
applied only to the specific purpose identified in Section 3
above.
C. The document or documents establishing the terms and
conditions for the issuance of any such bonded indebtedness
shall provide for the creation of an account or accounts into
which the proceeds of such indebtedness shall be deposited.
D. The City Manager of the City, or his or her designee, acting for
and on behalf of the District, shall annually file a report with the
City Council as required by Government Code Section 53411.
SECTION 7: Election. For each Improvement Area, the proposition related to
the incurring of the bonded indebtedness and the proposition
relating to the levy of the Special Tax shall be combined into one
ballot proposition, and shall be submitted to the qualified voters of
the respective Improvement Area, together with a proposition to
establish an appropriations limit for the District at a special
election. For each Improvement Area, if the combined proposition
for the levy of the Special Tax and the incurring of the bonded
indebtedness and the proposition for the establishment of the
appropriations limit receive the approval of more than two-thirds
(2/3) of the votes cast on the proposition, bonds may be
authorized, issued and sold for the purposes set forth herein, the
Special Tax may be levied as provided for in the Resolution of
Formation and the appropriations limit may be established as
provided for in the Resolution of Formation.
SECTION 8: Election Official. The City Clerk is hereby designated as the
official to conduct the elections. It is hereby acknowledged that
the City Clerk has on file a certified map of the boundaries of the
District and the Improvement Areas, and a sufficient description to
allow the City Clerk to determine the boundaries of the District and
the Improvement Areas.
SECTION 9: Waiver of Election Requirements. The City Clerk, acting as
election official, has received Consents and Waivers from all
qualified electors of each Improvement Area indicating their
consent to the waiver of any time limits specified in Section 53326
of the Act and of other requirements pertaining to the conduct of
the election. The City Clerk has submitted a notice indicating her
concurrence, as election official conducting the election, with such
waiver. Consequently, all statutory requirements regarding the
timing for the election and other election requirements set forth in
such Consents and Waivers are waived.
Resolution No. 03-032
Page 5 of 8
SECTION 10: Election Date. The time for notice having been waived by all of
the qualified electors, the date of the special election for each
Improvement Area shall be on February 19, 2003 in the City
Council Chambers, 10500 Civic Center Drive, Rancho
Cucamonga, California, 91730, immediately following the adoption
of this Resolution or such later date as is consented to by the City
Clerk and the landowners within the District. The voted ballots
shall be returned to the City Clerk immediately following the
adoption of this Resolution.
The City Clerk is authorized to conduct the elections following the
adoption of the Resolution of Formation and this Resolution, and
all ballots shall be received by, and the City Clerk shall close the
election by 11:30 p.m. on the election day; provided the elections
shall be closed, (as provided in Section 53326(d) of the Act) at
such earlier time as all qualified electors have voted.
SECTION 11: Mail Ballot. Pursuant to the Act, the election shall be conducted
by mail ballot pursuant to the California Elections Code. Except
as otherwise provided by the Act, the election shall be conducted
in accordance with the provisions of law regulating elections of the
City of Rancho Cucamonga insofar as such provisions are
determined by the City Clerk to be applicable.
SECTON 12: Electors Determined. The City Council finds, based on
information provided by the Registrar of Voters of the County of
San Bernardino, that fewer than 12 registered voters have been
registered to vote within the territory of the District and within the
territory of each Improvement Area for each of the 90 days
proceeding the close of the public hearing heretofore conducted
and concluded by the City Council for the purposes of these
proceedings. Accordingly, and pursuant to Section 53326 of the
Act, the City Council finds that for purposes of these proceedings
the qualified electors are the landowners within each Improvement
Area. Each landowner shall have one vote for each acre or
portion thereof that he or she owns within the respective
Improvement Areas, as provided in Section 53326 of the Act.
SECTION 13: Ballot. The City Council acknowledges that the City Clerk has
caused to be delivered to each of the qualified electors of the
respective Improvement Areas a ballot in the form required by the
Act. Each ballot indicates the number of votes to be voted by the
respective landowner to which it pertains. Each ballot was
accompanied by all supplies and written instructions necessary for
the use and return of the ballot. The envelope to be used to return
the ballot was enclosed with the ballot, had the return postage
prepaid, and contained the following: (a) the name of the
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Page 6 of 8
landowner, (b) the address of the landowner, (c) a declaration,
under penalty of perjury, stating that the voter is the owner of
record or the authorized representative of the landowner entitled
to vote and is the person whose name appears on the
identification envelope, (d) the printed name and signature of the
voter, (e) the address of the voter, (f) the date of signing and place
of execution of the declaration described as item "c" above, (g) a
notice that the envelope is an official ballot and is to be opened
only by the canvassing board.
The ballot proposals to be submitted to the qualified voters of
Improvement Area No. 1 at the election shall generally be as
follows:
PROPOSITION A
Shall City of Rancho Cucamonga Communities Facility District No.
2003-01 (the "District'), subject to the accountability measures
provided for in Resolution Nos. 03-031 and 03-032 of the City
Council of the City of Rancho Cucamonga, incur an indebtedness
and issue a series of bonds for Improvement Area No. 1 of the
District in a maximum aggregate principal amount of $16,000,000,
with interest at a rate or rates not to exceed the maximum interest
rate permitted by law, to finance the facilities and incidental
expenses described in Resolution Nos. 03-031 and 03-032 of the
City Council of the City of Rancho Cucamonga and shall a
special tax with a rate and method of apportionment as provided
in Resolution Nos. 03-031 and 03-032 of the City Council of the
City of Rancho Cucamonga for Improvement Area No. 1 of the
District be levied to pay for the facilities, incidental expenses and
other purposes described in Resolution Nos. 03-031 and 03-032,
including the payment of principal and interest on bonds issued for
Improvement Area No. 1 to finance the facilities and incidental
expenses?
PROPOSITION B
Shall City of Rancho Cucamonga Community Facilities District No.
2003-01 (the "District") establish an Article XIIIB appropriations
limit for the District as an amount equal to all the proceeds of the
Special Tax collected annually within the District and as defined
by Article XIIIB of the California Constitution, as adjusted for
changes in the cost of living and changes in population?
The ballot proposals to be submitted to the qualified voters of
Improvement Area No. 2 at the election shall generally be as
follows:
Resolution No. 03-032
Page 7 of 8
PROPOSITION C
Shall City of Rancho Cucamonga Communities Facility District No.
2003-01 (the "District'), subject to the accountability measures
provided for in Resolution Nos. 03-031 and 03-032 of the City
Council of the City of Rancho Cucamonga incur an indebtedness
and issue a series of bonds for Improvement Area No. 2 of the
District in a maximum aggregate principal amount of $4,000,000,
with interest at a rate or rates not to exceed the maximum interest
rate permitted by law, to finance the facilities and incidental
expenses described in Resolution Nos. 03-031 and 03-032 of the
City Council of the City of Rancho Cucamonga and shall a
special tax with a rate and method of apportionment as provided
in Resolution Nos. 03-031 and 03-032 of the City Council of the
City of Rancho Cucamonga for Improvement Area No. 2 of the
District be levied to pay for the facilities, incidental expenses and
other purposes described in Resolution Nos. 03-031 and 03-032,
including the payment of principal and interest on bonds issued for
Improvement Area No. 2 to finance the facilities and incidental
expenses?
PROPOSITION D
Shall City of Rancho Cucamonga Community Facilities District No.
2003-01 (the "District') establish an Article XIIIB appropriations
limit for the District as an amount equal to all the proceeds of the
Special Tax collected annually within the District and as defined
by Article XIIIB of the California Constitution, as adjusted for
changes in the cost of living and changes in population?
SECTION 14: Return of Ballots. Ballots shall be returned to the City Clerk,
acting as election official, no later than the close of the election.
SECTION 15: Vote. The appropriate mark placed in the voting square after the
word "YES' shall be counted in favor of the adoption of the
proposition, and the appropriate mark placed in the voting square
after the word "NO" in the manner as authorized, shall be counted
against the adoption of said proposition.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 03-032
Page 8 of 8
PASSED, APPROVED, AND ADOPTED this 19'h day of February 2003.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. AI ander, Mayor
ATTEST:
ZA4 -C)-
D bra J. Ad , CMC, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the 19'h day of February 2003.
Executed this 201h day of February 2003, at Rancho Cucamonga, California.
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ebra J. Ada MC, City Clerk