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HomeMy WebLinkAbout07-064 - Resolutions RESOLUTION NO. FD 07-064 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 07-9)TOAN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1), CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS WHEREAS, the BOARD OF DIRECTORS (the "Board of Directors") of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT (the "Fire Protection District'), RANCHO CUCAMONGA, CALIFORNIA, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1987', being Chapter 2.5, Part 1, Division 2,Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof(the "Act'). The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District'); and, WHEREAS, notice of a public hearing relating to the annexation of territory to the District, the extent of the territory to be annexed (the"Annexation Area"), the furnishing of certain public services and all other related matters has been given; and, WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing either within the Annexation Area or the District and/or property owners representing more than one-half(1/2) or more of the area of land within the Annexed Area or within District; and, WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within the Annexation Area for each of the 90 preceding days, this legislative body desires to submit the levy of the required special tax to the landowners of the Annexation Area, said landowners being the qualified electors as authorized by law. 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: DETERMINATIONS It is determined by this Board of Directors that: A. all proceedings prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the Act; Resolution No. FD 07-064 Page 2 of 8 B. less than twelve (12) registered voters have resided within the Annexation Area for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of the Annexation Area and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the Annexation Area; C. the time limit specified by the Act for conducting an election to submit the levy of the special taxes to the qualified electors of the Annexation Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexation Area; D. the Secretary, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution annexing the Annexation Area to the District, and E. the public services proposed to be financed from the proceeds of special taxes to be levied within the Annexation Area are necessary to meet increased demands placed upon the Fire Protection District as a result of development and/or rehabilitation occurring in the Annexation Area. SECTION 3: BOUNDARIES OF ANNEXED AREA The boundaries and parcels of land in the Annexation Area and on which special taxes are proposed to be levied in order to pay the costs and expenses for the public facilities and services described in Section 4 below are generally described as follows: All that property and territory proposed to be annexed to the District, as said property is shown on a map as previously approved by this legislative body, said map entitled "Boundary Map of Community Facilities District No. 85-1 Annexation No. 07-9 Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California" (the "Annexation Map"), a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. SECTION 4: DESCRIPTION OF SERVICES The services that are authorized to be financed from the proceeds of special taxes levied within the District are certain services which are in addition to those services required for the territory within the District and will not be replacing services already available. A general description of the services authorized to be financed by the District is as follows: Resolution No. FD 07-064 Page 3 of 8 The performance by employees of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide such services. The same types of services which are authorized to be financed by the District from the proceeds of special taxes levied within the District are the types of services proposed to be financed from the special taxes proposed to be levied within the Annexation Area. If and to the extent possible such services shall be provided in common with District and the Annexation Area. SECTION S: SPECIAL TAX Except where funds are otherwise available and subject to the approval of the qualified electors of the Annexation Area, a special tax sufficient to pay for such services required for the Annexation Area, secured by recordation of a continuing lien against all non-exempt real property in the Annexation Area will be levied annually within the boundaries of the Annexation Area. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "A" which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexation Area to clearly estimate the maximum amount of the special tax that such person will have to pay. The special taxes 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 Board of Directors 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. SECTION 6: SPECIAL TAX ACCOUNTABILITY MEASURES Pursuanttoand in compliance with the provisions of Government Code Section 50075.1, this Board of Directors hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes within the Revised Annexation Area as described in Section 5 above: A. Each such special tax shall be levied for the specific purposes section in Section 5. above. Resolution No. FD 07-064 Page 4 of 8 B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 5. above. C. The District shall establish a separate account into which the proceeds of the special taxes levied within the District shall be deposited. D. The Fire Chief or his or her designee, acting for and on behalf of the District, shall annually file a report with the Board of Directors as required pursuant to Government Code Section 50075.3. SECTION 7. ELECTION The proposition related to the levy of the special tax shall be submitted to the qualified electors of the Annexation Area, said electors being the landowners,with each landowner having one (1)vote for each acre or portion thereof of land which he or she owns within said annexed territory. The special election shall be held on the 12th day of December 2007, and said election shall be a special election to be conducted by the Secretary (hereinafter "Election Official'). If the proposition for the levy of the special tax receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax may be levied as provided for in this Resolution and the Board of Directors may determine that the Annexation Area is added to and part of the District. SECTION 8. BALLOT The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85-1, AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District be authorized to levy special taxes within the territory shown on 'Boundary Map of Community Facilities District No. 85-1 Annexation No. 07-9 Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California" (the"Annexation Map")pursuant to the rate and method of apportionment of special taxes (the "Special Tax Formula") set forth in Ordinance No. FD 44 to finance authorized services and administrative expenses? Resolution No. FD 07-064 Page 5 of 8 SECTION 9: VOTE The appropriate mark placed in the voting square after the word "YES' shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. SECTION 10: ELECTION PROCEDURE The Election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: A.. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of the Annexation Area. D. Cause the official ballots to be mailed and/or delivered, as required by law. E. Receive the returns of the election. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. I. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed for the District and pay costs and expenses of all election officials. J. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. Please see the following page for formal adoption,certification and signatures Resolution No. FD 07-064 Page 6 of 8 PASSED, APPROVED, AND ADOPTED this 5`h day of December 2007. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None DL Donald J. Kurth, ., President ATTEST: Debra J. A t , 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 5`h day of December, 2007. Executed this 6`h day of December 2007 at Rancho Cucamonga, California. Debra J. Adm ecretary Resolution No. FD 07-064 Page 7 of 8 EXHIBIT "A" COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 07-9 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. 07-9 for Fiscal Year 2007-2008 shall be: Structures Maximum Annual Special Tax Residential 1 DU = ($143.31) Multi-Family 2 DU: 1.75 = ($143.31) 3 DU: 2.25 = ($143.31) 4 DU: 2.65 = ($143.31) 5-14 DU: 2.65 = ($143.31) + {.35 (TU-4) ($143.31)} 15-30 DU: 6.15 = ($143.31) + {.30 (TU-14) ($143.31)} 31-80 DU: 10.65 = ($143.31) + {.25 (TU-30) ($143.31)} 81 — up DU: 23.15 = ($143.31) + {.20 (TU-80) ($143.31)1 Commercial ($143.31) per acre + $.078 per SF Industrial ($143.31) per acre + $.095 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, 2007 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 07-064 Page 8 of 8 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. 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.