Loading...
HomeMy WebLinkAbout06-183 - Resolutions RESOLUTION NO. 06-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX "B" FOR COMMUNITY FACILITIES DISTRICT NO.2000-03(RANCHO SUMMIT)FOR TAX YEAR 2006- 2007 TO FINANCE THE OPERATION OF AND MAINTENANCE OF PARK AND PARKWAYS RECITALS WHEREAS, by its Resolution No. 00-190 adopted on September 20, 2000 the City Council of the City of Rancho Cucamonga, California (the "City Council"), pursuant to the Mello- Roos Community Facilities Act of 1982 (Section 53311 and following of the California Government Code) (the"Act"), established City of Rancho Cucamonga Community Facilities District No.2000-03 (Rancho Summit) (the "District"); and WHEREAS, at an election held on October 11, 2000 the qualified electors of the District unanimously approved the levy of a special tax (the "Special Tax 'B"') pursuant to the rate and method of apportionment thereof for the purpose of financing the operation and maintenance of parks and parkways within the District; and WHEREAS, in 2005 the City Council initiated proceeding to modify the Rate and Method; and WHEREAS,on June 15,2005,the City Council submitted the proposed modifications to the Rate and Method to the qualified electors of the District; and WHEREAS,on the same day,the qualified electors of the District voted unanimously to authorize the modifications to the Rate and Method (the Rate and Method as modified, the "Amended and Restated Rate and Method"); and WHEREAS, the City Council subsequently enacted Ordinance No. 755 (the "Ordinance")which became effective on August on August 5, 2005,to authorize the levy of Special Tax "B" pursuant to the Amended and Restated Rate and Method; and WHEREAS,the Act provides that the City Council may provide, by resolution,for the levy of Special Tax"B" for any future tax year; and WHEREAS, the City Council desires to provide for the levy Special Tax"B"for Tax Year 2006-2007 pursuant to the Ordinance. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. Resolution No. 06-183 Page 2 of 7 SECTION 2: That the specific rate and amount of the Special Tax "B" to be collected for Fiscal Year 2006-2007 for the District is hereby determined and established as set forth Exhibit"A"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 Special Tax "B" shall be used, in whole or in part, for the following: A. Payment of costs and expenses of the operation and maintenance of authorized parks and parkways and incidental expenses pursuant to the Act; B. Payment of an amount necessary to fund or replenish an operating reserve for the costs of the operation of authorized parks and parkways; C. Payment of a proportionate share of Administrative Expenses as such tern is defined in the Modified Rate and Method The proceeds of Special Tax "B" shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: Special Tax"B"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 collected pursuant to this Resolution shall be paid into the Community Facilities District funds. SECTION 7: The Auditor of the County 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"B," and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". Resolution No. 06-183 Page 3 of 7 SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency 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. PASSED, APPROVED, AND ADOPTED this 7th day of June 2006. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None i r William J. Al ander, Mayor ATTEST: A&,1, " '�&� Debra J. Adams C C, 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 7th day of June 2006. Executed this 8th day of June 2006, at Rancho Cucamonga, California. Xahx-� k Debra J. Adam C, City Clerk Resolution No. 06-183 Page 4 of 7 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2006/2007. CLASSIFICATION OF PARCELS Each Fiscal Year, all Taxable Property within CFD No. 2000-03 shall be assigned to a Zone and further classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped.Property, and shall be subject to Special Taxes in accordance with this Amended and Restated Rate and Method of Apportionment determined pursuant to Sections A and B below. Residential Property shall be assigned to Land Use Classes 1 through 10 and Non-Residential Property shall be assigned to Land Use Class 11. The Maximum Special Tax for Residential Property shall be based on the Residential Floor Area of the dwelling unit(s) located on the Assessor's Parcel. The Maximum Special Tax for Non-Residential Property shall be based on the Acreage of the Assessor's Parcel. The Maximum Special Tax for any Assessor's Parcel of Developed Property containing more than one Land Use Class shall be determined pursuant to Section C below. A. MAXIMUM SPECIAL TAX 1. Developed Property (a). Maximum Special Tax The Maximum Special Tax B for each Land Use Class of Developed Property is shown in the Table below. (b). Assigned Special Tax B The Fiscal Year 2006-2007 Assigned Special Tax B for each Land Use Class is shown in the Table below. Resolution No. 06-183 Page 5 of 7 Assigned Maximum Special Tax B for Developed Property in City of Rancho Cucamonga Community Facilities District No.2000-03 (Rancho Summit) Fiscal Year 2006-2007 Land Use Description Residential Floor Assessors Parcel Numbers Amount Class Area 7 Residential Property 2,850—3,049 s.f. 22643201 -56 $ 945.00 22644401 - 37 (c). Increase in the Assigned Maximum Special Tax B On each July 1,commencing on July 1,2006,the Maximum Special Tax B listed in the Table above shall be increased based on the percentage change in the Consumer Price Index,with a maximum annual increase of six percent(6%)and a minimum annual increase of two percent(2%)per Fiscal Year. (d).Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor's Parcel. For an Assessor's Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 2. Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property (a). Maximum Special Tax B The Fiscal Year 2006-2007 Maximum Special Tax B for Undeveloped Property in Zone 1 or Zone 2 shall be$4,683 per Acre or portion thereof. Taxable Public Property and Taxable Property Owner Association Property shall not be subject to a Maximum Special Tax B. Resolution No. 06-183 Page 6 of 7 (c).Increase in the Maximum Special Tax On each July 1,commencing on July 1,2006,the Maximum Special Tax B for Undeveloped Property identified in Section C.2.(b). above shall be increased based on the percentage change in the Consumer Price Index,with a maximum annual increase of six percent(6%)and a minimum annual increase of two percent(2%)per Fiscal Year. B. METHOD OF APPORTIONMENT OF THE SPECIAL TAX 1. Special Tax B Commencing with Fiscal Year 2006-2007 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement for Services and shall levy the Special Tax B until the total Special Tax B levy equals the Special Tax Requirement for Services. The Special Tax B shall be levied each Fiscal Year as follows: First: The Special Tax B shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100%of the applicable Maximum Special Tax B; Second: If additional monies are needed to satisfy the Special Tax Requirement for Services after the first step has been completed, the Special Tax B shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property, which as of January 1 of the previous Fiscal Year was located within a Final Subdivision, at up to 100%of the Maximum Special Tax B for Undeveloped Property; Third: If additional monies are needed to satisfy the Special Tax Requirement for Services after the second step has been completed, the Special Tax B shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property, which as of January 1 of the previous Fiscal Year was not located within a Final Subdivision, at up to 100%of the Maximum Special Tax B for Undeveloped Property; C. EXEMPTIONS 1. Special Tax B No Special Tax B shall be levied on Public Property and Property Owner Association Property in Zone 1 and/or Zone 2. D. APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may submit a written appeal to CFD No. 2000-03. Resolution No. 06-183 Page 7 of 7 The CFD Administrator shall .review the appeal and if the CFD Administrator concurs,the amount of the Special Tax levied shall be appropriately modified. The Council may interpret this Amended and Restated Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals. Any decision of the Council shall be final and binding as to all persons. E. MANNER OF COLLECTION The Special Tax B will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2000-03 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. F. PREPAYMENT OF SPECIAL TAX B The Special Tax B may not be prepaid. G. TERM OF SPECIAL TAX The Special Tax B shall be levied as long as necessary to meet the Special Tax Requirement for Services.