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HomeMy WebLinkAbout2024-074 - ResolutionRESOLUTION NO. 2024-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX FOR THE RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO.2018-01 OF THE CITY OF RANCHO CUCAMONGA FOR FISCAL YEAR 2024/25 WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to 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 Government Code for the State of California. This Community Facilities District shall hereinafter be referred to as The Resort at Empire Lakes Community Facilities District No. 2018-01 of the City of Rancho Cucamonga (hereinafter referred to as the "District"); and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to the maintenance of certain improvements by the City, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the fiscal year; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of special tax to be collected for Fiscal Year 2024/25 for the District are hereby determined and established as set forth Annual Status Report to this Resolution, which is attached hereto and incorporated herein by reference. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by the Ordinance, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax shall be used, in whole or in part, for the following: A. Payment of costs and expenses of the operation, maintenance, and servicing of authorized services pursuant to the Act; B. Payment of an amount necessary to fund or replenish an operating or capital reserve for the District; and C. Payment of a proportionate share of Administrative Expenses as such term is defined in the Rate and Method. The proceeds of the special tax shall be used as set forth above, and shall not be used for any other purpose. Resolution No. 2024-074 — Page 1 of 3 SECTION 5: Special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the District funds, including but not limited to, any special tax fund and reserve fund. SECTION 7: The County Auditor is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of special tax and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to the District a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. Resolution No. 2024-074 — Page 2 of 3 PASSED, APPROVED, and ADOPTED this 17th day of July, 2024. V L. Dennis Michae ,Mayor ATTEST: -..nice C. Revnold,- STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 17th day of July, 2024. AYES: Hutchison, Kennedy, Michael, Scott, Stickler NOES: None ABSENT: None ABSTAINED: None Executed this 18th day of July, 2024, at Rancho Cucamonga, California. -C. Reynolds, Resolution No. 2024-074 — Page 3 of 3 CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 2018-01 (THE RESORT AT EMPIRE LAKES) ANNUAL STATUS REPORT J U LY 2024 2024-074 BACKGROUND On December 19, 2018, the City Council approved Resolution No. 18-136, and established The Resort at Empire Lakes Community Facilities District No. 2018-01, (the "District"). On December 19, 2018, the qualified electors of the District, being the owners of the land within the District, voted to approve the levy of a special tax to pay for certain public services and the administering of such District. On March 20, 2024, the City Council approved Resolution No. 2024-014, and authorized the annexation and the annual levy of the territory identified as Annexation No. 1 into the existing CFD 2018-01. The District was authorized to finance: (a) (i) the maintenance of streets, public trails and trailhead improvements, landscaped areas, parkways, medians, and parks and recreation improvements and public right-of-ways, including, but not limited to, street trees, fencing, irrigation systems, sidewalks, drainage systems, signs, monuments, graffiti removal, replacement, repair or rehabilitation of playground equipment, sports fields, parking lots, restrooms, sport field lighting, street lighting, traffic signals and appurtenant facilities and other improvements placed in parks, trails medians, landscaped areas, or public right-of-ways, furnishing of water, electric current or energy, gas, or other illuminating agent for the operation of any improvement within the City, (ii) the equipping, furnishing and maintenance of public safety improvements; (iii) the furnishing of any service authorized under the Act, as may be amended from time to time, (iv) the furnishing of electric current, materials, contracted services, and the necessary maintenance, replacement, and repair required to keep such improvements in operational and satisfactory condition; and (v) the establishment of a reserve fund for the replacement of any such improvements; and (b) the incidental expenses which will be incurred, including but not limited to: (i) all costs associated with the formation of the District, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the District, and (ii) any other expenses incidental to the provision of the Services. On July 1 of each Fiscal Year, commencing on July 1, 2020, the dollar amount per EBU for Developed Property and the dollar amount per acre of Undeveloped Property shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement. For FY 2024/25, the rate will increase from $387.45 to $410.70, or 6.0% per residential unit. The increase is necessary to sustain the District's operational costs and future capital replacement. Community Facilities District No. 2018-01 (The Resort at Empire Lakes) 1 Fiscal Year 2024/25 COMMUNITY FACILITIES DISTRICT NO. 2018-01 (THE RESORT AT EMPIRE LAKES) Land Use Equivalent to EBUs Property Land Use Equivalent Benefit Unit Assigment Residential Property 1 EBU Per Residential Dwelling Unit Non -Residential Property 2 EBUs Per Parcel Less than 1 Acre Non -Residential Property 2 EBUs Per Acre or portion of thereof More than 1 Acre The EBU assigment of each Assessor's Parcel of Mixed Use Property is equal the total of (i) the Assigned Special Tax that would be Applicable to Mixed Use Property Such Assessor's Parcel if it was classified only as Residential Property and (ii) the Assigned Special Tax that would be applicable to such Assessor's Parcel if it was classified as Non - Residential Property. Maximum Special Tax Fiscal Year Percentage Rate Property Description Maximum Annual Special Tax 2020/21 6.00% Residential Property 337.97 Undeveloped Property 5,548.25 2021/22 6.00% Residential Property 358.25 Undeveloped Property 5,881.15 2022/23 3.00% Residential Property 369.00 Undeveloped Property 6,057.58 2023/24 5.00% Residential Property 387.45 Undeveloped Property 6,360.46 2024/25 6.00% Residential Property 410.70 Undeveloped Property 6,742.09 Actual Annual Special Tax for Fiscal Year 2024125 Property Land Use Actual Annual Special Tax Developed Property $410.70 Per EBU Undeveloped Property $347.42 Per Acre Community Facilities District No. 2018-01 (The Resort at Empire Lakes) 2 Fiscal Year 2024/25 COMMUNITY FACILITIES DISTRICT NO. 2018-01 (THE RESORT AT EMPIRE LAKES) Proposed Sources and Uses of Funds' Sources Taxes: Estimated Assessments, Net of Estimated Delinquencies Transfers In Total Proposed Sources Uses Operation & Maintenance Contract Services Utilities Assessment Administration Transfer to Special Districts for Services and Facilites Capital Reserves Total Proposed Uses Contribution to/(Use of) Fund Balance Reserved Funds Fiscal Year 2024/25 Budget $ 570,510 188,000 758,510 16,480 20,580 6,500 2,780 332,060 188,000 566,400 $ 192,110 Operating Capital Total Reserve Reserve Reserve Estimated Reserve Fund Balance, June 30, 2024 $39,263 $372,323 $411,586 Contribution to/(Use ofl Reserve - Fiscal Year 2024/25 4,110 188,000 192,110 Estimated Reserve Fund Balance, June 30, 2025 $43,373 $560,323 $603,696 FY 2024125 Annexations Annexation No. APN I Annexation Date Total UnitstAcres Property Type Annexation No. 1 0209-272-20-0000 1 3/20/2024 83.28 Unde\eloped Community Facilities District No. 2018-01 (The Resort at Empire Lakes) 3 Fiscal Year 2024/25 Cowes E 0 — U 1 U G•�- •I ----••--- � co 0 a 0 � ny �tJJay� :a {j T :U U U o ©� n p to 4 i 3 I� cn a GI U • -------+----- —•—•'AV .� H ise3 U. 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