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HomeMy WebLinkAbout05-266 - Resolutions RESOLUTION NO. 05-266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORMS OF TWO JOINT COMMUNITY FACILITIES FINANCING AGREEMENTS PERTAINING TO THE ETIWANDA SCHOOL DISTRICT PINEHURST PUBLIC FACILITIES COMMUNITY FACILITIES DISTRICT NO. 2005-1 WHEREAS, the Etiwanda School District (the "School District'), has initiated proceedings to create a Community Facilities District designated as the Pinehurst Public Facilities Community Facilities District No. 2005-1 (the "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') for the purpose of providing for the financing of the acquisition or construction of certain public facilities to serve the development of approximately 150 acres of property located in the City on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue (the "Project'); and, WHEREAS, included among the public facilities proposed to be financed by the District are certain public facilities which will be owned, operated and maintained by the City of Rancho Cucamonga (the "City"); and, WHEREAS, the Act provides that a community facilities district formed by the School District may finance the acquisition or construction of facilities to be owned or operated by the City only pursuant to a Joint Community Facilities Agreement adopted pursuant to Government Code Section 53316.2; and WHEREAS, the School District has requested that the City agree to enter into two separate Joint Community Facilities Agreements: a Joint Community Facilities Agreement by and among the City, the School District and Richland Tracy, Ltd., the developer of approximately 20 acres of the Project and a Joint Community Facilities Agreement by and among the City, the School District and Hill Country, S.A., Ltd., the developer of approximately 130 acres of the Project (the Joint Community Facilities Agreements may be referred to collectively as the "JCFAs"); and WHEREAS, Government Code Section 53316.2 provides that the City Council and the governing board of the School District may enter into the JCFAs at any time prior to the adoption by the governing board of the School District of the resolution of formation creating the District if each legislative body declares that each Joint Community Facilities Agreement would be beneficial to the residents of each respective agency; and WHEREAS, the form of the JCFAs have been presented to this City Council for its consideration; and WHEREAS, the Amended and Restated Statement of Goals and Policies for the Use of the Mello-Roos Community Facilities Act of 1982 adopted on August 17, 2005 (the "Goals and Policies") provide that the City will not enter into a Joint Community Facilities Agreement with regard to a community facilities district proposed to be formed by a public Resolution No. 05-266 Page 2 of 4 agency other than the City unless (a) the proposed community facilities district complies with the provisions of the Goals and Policies under the headings "Equity of Special Tax Formulas and Maximum Special Taxes for CFDs," "Credit Quality Requirements for CFD Bond Issues," "Disclosure to Prospective Property Purchasers in CFDs" and such other provisions as the City Council may deem applicable to the proposed community facilities district and (b) the public facilities to be owned by such public agency will be financed by a larger share of the proceeds of the bonds issued for such community facilities district than the share of such proceeds of such bonds to be used to finance the public facilities to be owned by the City; and WHEREAS, the form of each JCFA expressly provides that (a) the School District shall be responsible for ensuring that the School Facilities (as defined in the JCFAs) will be financed by a larger share of the proceeds of the bonds issued by or for the District than the share of such proceeds to be used to finance the facilities to be owned by the City and (b) and the rate and method of apportionment of the special taxes authorized to be levied by the District, the bonds issued by or for the District and the disclosure of the District to prospective purchasers of property within the District shall conform to the provisions of the Goals and Policies entitled "Equity of Special Tax Formulas and Maximum Special Taxes for CFDs," "Credit Quality Requirements for CFD Bond Issues" and "Disclosure to Prospective Property Purchasers in CFDs," respectively; and WHEREAS, the Board of Trustees of the School District will need to amend the rate and method of apportionment of the special taxes (the "Rate and Method") proposed to be levied within the District to eliminate a provision that provides for an annual escalation of the special tax (the "Escalator") authorized to be levied on residential property within the District which does not conform to the Goals and Policies; and WHEREAS, any approval of the JCFAs shall be subject to a condition subsequent that the Rate and Method be amended at or prior to the time of formation of the District to eliminate the Escalator. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: RECITALS. The above recitals are all true and correct. SECTION 2: DECLARATION. The City Council hereby declares that: A. The District and the JCFAs will conform to the applicable provisions of the Goals and Policies; and B. The JCFAs will be beneficial to the residents of the City. Resolution No. 05-266 Page 3 of 4 SECTION 3: APPROVAL OF THE JCFAS. The form of each Joint Community Facilities Agreement as presented to this City Council and on file with the City Clerk is hereby approved subject to a condition subsequent that the RMA be amended by the Board of Trustees of the School District to eliminate the Escalator at or prior to the formation of the District. The City Manager or such other official of the City as may be designated by the City Manager (an "Authorized Officer"), acting for and on behalf of the City, is hereby authorized and directed to execute and deliver each Joint Community Facilities Agreement subject to such additions or changes therein as such Authorized Officer shall deem to be in the best interests of the District following consultation with and review by the City Attorney and Best Best & Krieger LLP, the City's bond counsel; provided, however, the JCFAS shall not be executed on behalf of the City unless and until the RMA has been amended to eliminate the Escalator. Please see the following page for formal adoption,certification and signatures Resolution No. 05-266 Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 7`" day of September 2005. AYES: Alexander, Gutierrez, Michael, Williams NOES: Spagnolo ABSENT: None ABSTAINED: None vca Z' 2'1' William J. exander, Mayor ATTEST: DVbra J. Ad m , 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 7`" day of September 2005. Executed this 8'" day of September 2005, at Rancho Cucamonga, California. Debra J. Ada CMC, City Clerk