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HomeMy WebLinkAboutFD 2023-008 - Resolution RESOLUTION NO. FD 2023-008 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 23-2) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District, California, ("Board of Directors"), formed a Community Facilities District 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 Government Code of the State of California (the "Act"). The Community Facilities District has been designated as Community Facilities District No. 85-1 (the "District"); and, WHEREAS, the Board of Directors desires to initiate proceedings to consider the annexation of certain real property to the District (the "Territory"); and WHEREAS, a map entitled "Annexation Map No. 23-2 to Community Facilities District No. 85-1 Rancho Cucamonga Fire Protection District, County of San Bernardino, State of California" (the "Annexation Map")showing the Territory proposed to be annexed to the District has been submitted,which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings; and WHEREAS, this Board of Directors now desires to proceed to adopt its Resolution of Intention to annex the Territory to District, to describe the territory included within District and the Territory proposed to be annexed thereto, to specify the facilities and services to be financed from the proceeds of the levy of special taxes within the Territory, to set and specify the special taxes that would be levied within the Territory to finance such facilities and services, and to set a time and place for a public hearing relating to the annexation of the Territory to the District. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: 1. Recitals. The above recitals are all true and correct. 2. Legal Authority. These proceedings for annexation are initiated by this Board of Directors pursuant to the authorization of the Act. 3. Intention to Annex: Description of the Territory and the District. The Board of Directors hereby determines that the public convenience and necessity requires that the Territory be added to the District and this Board of Directors declares its intention to annex the Territory to the District. A description of the Territory is as follows: All that property within the Territory proposed to be annexed to the District, as such property is shown on the Annexation Map as previously approved by this legislative body, a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. A general description of the territory included in the District is hereinafter described as follows: All that property and territory as originally included within the District and as subsequently annexed to the District, as such properties were shown on original maps of the District and the territories Resolution No. FD 2023-008 - Page 1 of 11 subsequently annexed to the District, all as approved by this Board of Directors and designated by the name of the District, reference is made to the attached and incorporated Exhibit"A"(the"Annexation Map"). Copies of such maps are on file in the Office of the Secretary and have also been filed in the Office of the County Recorder. 4. Services and Facilities Authorized to be Finance by the District. The services that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described in Exhibit "B" (the "Services and Facilities") attached hereto and incorporated herein by this reference and all costs associated the District, administration of the District, the determination of the amount of special taxes to be levied, the costs of collection any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the District. If and to the extent feasible the Services and Facilities shall be provided in common within the existing District and the Territory. 5. Special Taxes. It is the further intention of this Board of Directors body that, except where funds are otherwise available, a special tax sufficient to pay for the Services and Facilities and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non- exempt real property in the Territory, will be levied annually within the boundaries of such Territory. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to Exhibit "C" (the "Special Tax Formula"), which is attached hereto and incorporated herein by this reference and which sets forth in sufficient detail the method of apportionment of such special tax to allow each landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the Services and Facilities in the existing District, except that a higher or lower special tax may be levied within the Territory to the extent that the actual cost of providing the Services and Facilities in the Territory is higher or lower than the cost of providing those Services and Facilities in the existing 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 special tax formula. The special taxes herein authorized 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; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Territory and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. The maximum special tax rate authorized to be levied within the District shall not be increased as a result of the annexation of the Territory to the District. 6. Public Hearing. NOTICE IS GIVEN THAT ON THE 21 ST DAY OF JUNE 2023, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE BOARD OF DIRECTORS, BEING THE COUNCIL CHAMBERS, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA 91730, A PUBLIC HEARING WILL BE HELD WHERE THIS BOARD OF DIRECTORS WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT, Resolution No. FD 2023-008 - Page 2 of 11 THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. THAT AT THE ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING ANY PERSONS INTERESTED, INCLUDING TAXPAYERS AND PROPERTY OWNERS, MAY APPEAR AND BE HEARD, AND THAT THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD AND CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING. HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. 7. Majority Protest. If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the District, (b)50% or more of the registered voters, or six(6)registered voters, whichever is more, residing within the Territory, (c) owners of one-half or more of the area of land in the territory included in the District, or(d) owners of one-half or more of the area of land included in the Territory, file written protests against the proposed annexation of the Territory to the District and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the Board of Directors on the issues discussed at the public hearing. 8. Election. If, following the public hearing described in the Section above, the Board of Directors determines to proceed with the annexation of the Territory to the District, a proposition shall be submitted to the qualified electors of the Territory. The vote shall be by registered voters within the Territory; however, if there are less than 12 registered voters, the vote shall be by landowners, with each landowner having one vote per acre or portion thereof within the Territory. 9. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by causing the publication of a Notice of Public Hearing in a legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. A copy of this Resolution shall be transmitted to the City Council of the City of Rancho Cucamonga as required by the Act. Resolution No. FD 2023-008 - Page 3 of 11 PASSED, APPROVED AND ADOPTED this 17th day of May, 2023. . ennis Michael, P esident ATTEST: ice C. Reynolds, erk I, JANICE C. REYNOLDS , SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 17m day of May, 2023. AYES: Hutchison, Kennedy, Michael, Scott, Stickler NOES: None ABSENT: None ABSTAINED: None Executed this 18th day of May, 2023, at Rancho Cucamonga, California. wwuade nice C. Reynolds, Cler Resolution No. FD 2023-008 - Page 4 of 11 SHEET 1 OF t ANNEXATION MAP 23-2 OF COMMUNITY FACILITIES DISTRICT NO 85-1 OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT LEGAL DESCRIPTION COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA ASSESSOR PARCEL NUMBER:0229-171-2"060 LOT 3B5.FONTANAARROW ROUTE.TRACT NO.21UZ IN THE CITY OF RANCHO CUCAMONGA. COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BODY 31 �(jy OF MAPS.PAGES II THROUGH 15.INCLUSIVE,RECORDS OF SAID COUNTY EXCEPT THAT PORTION THEREOF INCLUDED WITHINTHE LAND DESCRIBED IN A GRANT DEED TO WILLOUGHBY J.ROBINSONAND LOUISE E ROBINSON,RECORDED MAY 31,1945 IN BOOK VICINITY MAF O TI 1780.PAGE 465 OF OFFICIAL RECORDS OF SAID COUNTY EX STS xarro sc+lE (n NOTE:THIS ANNEXATION MAPSHALL GOVERN FOR ALL DETAILS AS TO THE EXTEND OF THE O wmmmw- TERRITORY ANNEXED TO THE ABOVE REFERENCEDCOMMUNRY FACOJTIES DISTRICT' JFSOHME3➢FT M1...i C CIiYENOrt1EBt �F O RANCHO CUCAMONGA FIRE PROTECTION DISTRICT CERTIFICATION =3 I FILED IN THE OFFICE OF THE SECRETARYOF THE RANCHO CUCAMONGA OFIRE PROTECTION DISTRICT CALIFOWA.THIS_DAY 2021 Z ECRY > RANCHO CUCAMONGA FIRE PROTECTWN DISTRICT STATE OF CAUFORNI A m 0 V r /_� 1 HEREBY CERTIFY THAT THE WITHIN MAP SHOWING BOUNDARIES OF TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES N DISTRICT NO.65-1 OF THE RANCHO CUCAMONGA FIRE PROTECTION m DISTRICT,COUNTY OF SAN BERNARD[NO,STATE.OF.CALIFORNUA,WAS O N APPROVED BY-THE BOARD OF DIRECTORS OF SUCH FIRE PROTECTION C DISTRICT AT A REGULAR MEETING THEREOF,HELD ON THE DAY Z 00 OF 2 BYT RESOLUTION NO. .THIS -ANNEXATION MAP AMEME NOSTIHE BOUNDARY MAP FOR COMMUNITY 1 - _ FACILITIES DISTRICT NO.95-1 OF THE RANCHO CUCAMONGA FIRE N PROTECTION DISTRICT,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,PRIOR RECORDED ON NITY MARCH 17.1987 AT BOOK 41 OF MAPS OF ASSESSMENT AND COMMU FACILITIES DISTRICTS,AT ARROW RTE W PAGE 8688,IN THE OFFICE OF THE COUNTY RECORDER FOR THE 0 QCD , - 7 COUNTY OF SAN BERNARDINO,CALIFORNIA. ASSESSOR a01 Z O ¢ PARCEL SECRETARY —h V - NUMBER O RANCHO CUCAMONGA FIRE PROTECTION DISTRICT STATE OF CALIFORNIA UJ IL 0229-171-28 nCo x , SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMElE 1 THIS DAY OF - .2023,AT. M.IN BOOK. OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICTS.AT PAGE AT THE REQUEST OF INTHEAMOUNT , OFA j ' CHRIS WILHITE ASSESSOR-RECORDER - SAN BERNARDINO COUNTY L BY: times 095 0.03 0 DEPUTY RECORDER RANCHO Community Facilities District No. 85-1 CUCAMONGA Annexation No. 23-2 FIRE DEPARTMENT �r.■...u1.u1.ra Elm,ar.■.y rr.r= d.r ■.u■.....r.r■ +.r.,.r..a.r.rar.rri.u..r..ai.�..�.�. ._ l :■.r ■ APINS: 0220-171-28 -ion ■ R..: ' ■ � i i ■ � R�w�w�www�w.�ww��.�..n.�..■�raw � ■ ■_ n ■ ■ O CD _ _Hillside Rd - w - -- - —. -- Wilson Av 0 Z k ----- Banyan St Z ; CD 4 m U1 Cn p ~ e m k = m`' 00 �'+w _ Base Line Rd vCO) yx n m ;3�■ z Foothill BI - _i 0 0 Q f Annexation 23-2 Legend CLn j..R Limits Go .r city d` �> - Annexation 23-2 ir.TlltY�Tir.m•r� Q � CFD 85-1 mf 1p wG.aleamoCur.oq. �.i. wm v...- _ c.Jne+n�brof cm .lent �M'iot rs uCr dew msm. -. Z; 1 M.ia.M1ul9ib tld fbha ra.s++"..vLM 1/r 4Y•3tabH.Cafe'is.:. i 4thlrSt� •.� ,., �^� � ■ ume�uee�cro me en�nt•.vmramerumme.tamr ■,.uur.r.u�.rrraaa.r.�a.r.ut=■Ran■MR.r r .....u■ 1 0.5 0 1 mw�n..�.v,c e u nr w+M��nm.ov:vmu.�..ur��ipm amnab.. Wes EXHIBIT "B" COMMUNITY FACILITIES DISTRICT NO. 85-1 DESCRIPTION OF THE SERVICES AND FACILITIES The Services. It is the intention of the Board of Directors to finance certain types of fire services (the "Services") that are in addition to those currently provided in or require for the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing services already available to the Territory. A general description of the Services to be financed is as follows: The performance of functions, operations, maintenance, and repair activities in order to provide fire protection and suppression services to the Territory. The Facilities. It is the intension of this Board of Directors to finance the purchase, construction, expansion, improvement, or rehabilitation of certain types of fire facilities (the "Facilities") that are in addition to those currently provided to serve the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing facilities already available to serve the Territory. A general description of the types of the Facilities to be financed is as follows: Fire protection and suppression facilities and equipment, rescue equipment, with a useful life of five (5) years or more, including collection and accumulation of funds to pay for anticipated facilities cost shortfalls and reserves for repair and replacement to the extent that such facilities are necessary to meet the increased demand for such facilities resulting from new development within the Territory. Resolution No. FD 2023-008 - Page 7 of 11 EXHIBIT "C" FOOTHILL FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85-1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustments to the Special Tax authorized to be levied within Community Facilities District No. 85-1 (the"CFD No. 85-1 Rate and Method") as originally established for and as applied to the taxable properties within such community facilities district is as follows: SPECIAL TAX COMMUNITY FACILITIES DISTRICT To pay for fire suppression services and to finance fire suppression facilities, the maximum Special Tax in the Community Facilities District shall be: Structures Maximum Annual Special Tax Residential 1 DU $75.00 Multi-Family 2 DU: 1.75 ($75.00) 3 DU: 2.25 ($75.00) 4 DU: 2.65 ($75.00) 5-14 DU: 2.65 ($75.00) + [0.35 (TU-4) ($75.00)] 15-30 DU: 6.15 ($75.00) + [0.30 (TU-14) ($75.00)] 31-80 DU: 10.65 ($75.00) + [0.25 (TU-30) ($75.00)] 81 — up DU: 23.15 ($75.00) + [0.20 (TU-80) ($75.00)] Commercial ($75.00) per acre + $0.04 per SF Industrial ($75.00) per acre + $0.05 per SF Note: DU = Dwelling Units TU = Total Units SF = Square Foot Resolution No. FD 2023-008 - Page 8 of 11 ANNUAL ADJUSTMENT SPECIAL TAX The maximum Special Tax shall be annually adjusted for(a)changes in cost of living or(b)changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall be granted a reduction in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATIONS ON TAX LEVY The Special Tax shall only be levied on developed property; provided that the Special Tax shall not be levied until a "Certification of Occupancy" or "Utility Release" has been issued by the appropriate governmental agencies. Developed property is defined to be property: • Which is not owned by a public or governmental agency • Which is not vacant • Where a certificate of occupancy or utility release from the City of Rancho Cucamonga or the County of San Bernardino has been issued • Which has an existing building or structure onsite • Which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities — these properties are exempt. Areas granted as easements to power transmission towers, railroad tracks, and flood control facilities shall be subtracted from the total acreage of the underlying lot and shall be exempt. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. Resolution No. FD 2023-008 - Page 9 of 11 Application of the CFD No. 85-1 Rate and Method to Annexation No. 23-2 To pay for fire suppression services and to finance fire suppression facilities, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 23-2 for Fiscal Year 2022-23 shall be: Structures Maximum Annual Special Tax Residential 1 DU $199.19 Multi-Family 2 DU: 1.75 ($199.19) 3 DU: 2.25 ($199.19) 4 DU: 2.65 ($199.19) 5-14 DU: 2.65 ($199.19) + [0.35 (TU-4) ($199.19)] 15-30 DU: 6.15 ($199.19) + [0.30 (TU-14) ($199.19)] 31-80 DU: 10.65 ($199.19) + [0.25 (TU-30) ($199.19)] 81 —up DU: 23.15 ($199.19) + [0.20 (TU-80) ($199.19)] Commercial ($199.19) per acre + $0.103 per SF Industrial ($199.19) per acre + $0.128 per SF Note: DU = Dwelling Units TU = Total Units SF = Square Foot ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2022, and each July 1 sc thereafter for(a) changes in the cost of living or(b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a .01 cent reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a .01 cent reduction (not cumulative) in Special Tax for each separate floor above or below the main ground floor of the structure. Resolution No. FD 2023-008 - Page 10 of 11 LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on developed property; provided that the Special Tax shall not be levied until a "Certification of Occupancy" or "Utility Release" has been issued by the appropriate governmental agencies. Developed property is defined to be property: • Which is not owned by a public or governmental agency • Which is not vacant • Where a certificate of occupancy or utility release from the City of Rancho Cucamonga or the County of San Bernardino has been issued • Which has an existing building or structure onsite • Which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities — these properties are exempt. Areas granted as easements to power transmission towers, railroad tracks, and flood control facilities shall be subtracted from the total acreage of the underlying lot and shall be exempt. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services— Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. Resolution No. FD 2023-008 - Page 11 of 11