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HomeMy WebLinkAbout05-009 - Resolutions RESOLUTION NO. FD 05-009 RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGAFIRE PROTECTION DISTRICT,ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY 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. 05-2 to Community Facilities District No. 85-1 Rancho Cucamonga Fire Protection District, County of San Bernardino, State of California' (the `Boundary 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 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 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: SECTION 1: RECITALS The above recitals are all true and correct. SECTION 2: LEGAL AUTHORITY These proceedings for annexation are initiated by this Board of Directors pursuant to the authorization of the Act. SECTION 3: INTENTION TO ANNEX; DESCRIPTION OF TERRITORY AND THE DISTRICT This legislative body 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: Resolution No. FD 05-009 Page 2 of 8 A. All that property within the Territory proposed to be annexed to the District, as such property is shown on the Boundary 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. B. A general description of the territory included in the District is hereinafter described as follows: C. All that property and territory as originally included within the District and as subsequently annexed to the District, as such properties were shown on maps of the original District and the territories subsequently annexed to the District, all as approved by this Board of Directors and designated by the name of the original District. 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. SECTION 4: SERVICES AUTHORIZED TO BE FINANCED BY THE DISTRICT The services that are authorized to be financed by the District from the proceeds of special taxes levied within the District (the "Services")are generally described in Exhibit A attached hereto and incorporated herein by this reference. A. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide the Services. B. The Services authorized to be financed by the District from the proceeds of special taxes levied within District are the types of services to be provided in the Territory. If and to the extent possible the Services shall be provided in common within the District and the Territory. SECTION 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 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 B (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. Resolution No. FD 05-009 Page 3 of 8 The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the Services in the 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 in the Territory is higher or lower than the cost of providing those Services in the original 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 Treasurer of 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. SECTION b: PUBLIC HEARING NOTICE IS GIVEN THAT ON THE 16th DAY OF MARCH 2005,AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA,CALIFORNIA,A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT,THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT SUCH PUBLIC HEARING, 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. �7 Resolution No. FD 05-009 Page 4 of 8 AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. 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 SECRETARY PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN ATANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. SECTION 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 in the territory 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. SECTION 8: ELECTION Upon the conclusion of the public hearing, if the legislative body determines to proceed with the annexation, 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. SECTION 9: NOTICE Notice of the time and place of the public hearing shall be given by the Secretary by publication 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. Please see the following page for formal adoption,certification and signatures Resolution No. FD 05-009 Page 5 of 8 PASSED, APPROVED,AND ADOPTED this 16`h day of February 2005. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None William.4nder, nt ATTEST: 6v'V 1; L ajte� bra J. Ad , Secretary I, DEBRA J. ADAMS, 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 16'"day of February 2005. Executed this 17`h day of February 2005 at Rancho Cucamonga, California. ZZtw- &4(-24 D ra J. Adan s ecretary Resolution No. FD 05-009 Page 6of8 EXHIBIT A COMMUNITY FACILITIES DISTRICT NO. 85-1 DESCRIPTION OF THE SERVICES The performance by employees of functions,operations, maintenance and repair activities in order to provide fire protection and suppression services. Resolution No. FD 05-009 Page 7of8 EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 05-2 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustment to the Special Tax shall be as follows: 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. 05-2 for Fiscal Year 2004-2005 shall be: Structures Maximum Annual Special Tax Residential 1 DU = ($126.79) Multi-Family 2 DU: 1.75 = ($126.79) 3 DU: 2.25 = ($126.79) 4 DU: 2.65 = ($126.79) 5-14 DU: 2.65 = ($126.79) + {.35 (TU-4) ($126.79)} 15-30 DU: 6.15 = ($126.79) + {.30 (TU-14) ($126.79)} 31-80 DU: 10.65 = ($126.79) + {.25 (TU-30) ($126.79)) 81 — up DU: 23.15 = ($126.79) + 1.20 (TU-80) ($126.79)) Commercial ($126.79) per acre + $.069 per SF Industrial ($126.79) per acre + $.085 per SF Note: DU = Dwelling Unit TU = Total Units SF = Square Foot ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2004 and each July 1s`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. Resolution No. FD 05-009 Page 8of8 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. LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on Developed Property. 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 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. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. 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.