HomeMy WebLinkAbout08-115 - Resolutions RESOLUTION NO. 08-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING
ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT
NO. 2000-01 (SOUTH ETIWANDA)
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
COMMUNITY FACILITIES DISTRICT NO. 2000-01
(South Etiwanda)
(hereinafter referred to as the "District'); and
WHEREAS, at this time, bonds have been authorized for purposes of financing the
project facilities for said 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 said Community Facilities District, and this legislative body is desirous to
establish the specific rate of the special tax to be collected for the next fiscal year.
NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1: That the above recitals are all true and correct.
SECTION 2: That the specific rate and amount of the special tax to be collected to
pay for the costs and expenses for the next Fiscal Year 2008/2009 for the referenced district is
hereby determined and established as set forth in the attached, referenced and incorporated Exhibit
..A,.
SECTION 3: That the rate as set forth above does not exceed the amount as
previously authorized by Ordinance of this legislative body,and is not in excess ofthat as previously
approved by the qualified electors of the District.
RESOLUTION NO. 08-115
Page 2 of 5
SECTION 4: That the proceeds of the special tax be used to pay, in whole or in
part, the costs of the following, in the following order of priority:
A. Payment of principal and interest on any outstanding authorized bonded
indebtedness.
B. Necessary replenishment of bond reserve funds or other reserve funds;
C. Payment of costs and expenses of authorized public facilities and public
services.
D. Repayment of advances and loans, if appropriate.
The proceeds of the special taxes shall be used as set forth above, and shall not be
used for any other purpose.
SECTION 5: The 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 Community Facilities
District funds, including any bond fund and reserve fund.
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 the special tax, and for the exact rate and amount of said tax, reference is made to the
attached Exhibit "A".
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.
Please see the following page
for format adoption,certification and signatures
Resolution No. 08-115
Page 3of5
PASSED, APPROVED, AND ADOPTED this 4`h day of June 2008.
AYES: Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: Kurth
ABSTAINED: None
L. en is Michael, Mayor Pro Tem
ATTEST:
Debra J. Adam"C C, City Clerk
I, DEBRA J.ADAMS, CITY CLERK of the Cityof 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 4`h day of June 2008.
Executed this 5'h day of June 2008, at Rancho Cucamonga, California.
Ab-4 t "
Debra J. Adam C, City Clerk
Resolution No. 08-115
Page 4 of 5
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2000-01
EXHIBIT "A"
The Resolution establishing the annual special tax referstothis Exhibitforan explanation of the rate
and method of apportionment of the Special Taxes for Fiscal Year 2008/2009.
SPECIAL TAX
PROPERTY CATEGORIES
There are two categories of property subject to the levy of Special Tax, which are identified as
follows:
1. DEVELOPED PROPERTY All parcels of Developed Property for which a building permit
has been issued for purposes of constructing one or more
residential dwelling units.
2. UNDEVELOPED PROPERTY All parcels of Taxable Property not classified as Developed
Property, Public Property and/or Property owner's Association
Property that are not Exempt Property pursuant of section E.
TAXING CLASSIFICATIONS AND
SPECIAL TAX RATES
The taxing classifications for the above Property Categories and the authorized Special
Tax rates for Fiscal Year 2008/2009 are as follows:
A. Assigned Special Taxes for Developed Property
Community Facilities District No. 2000-01
Land Use Category Taxable Residential Floor Area Assigned Special Tax
Unit Per Taxable Unit
1. Residential Property D/U 2,301 sq. ft. or greater $500
2. Residential Property D/U 1,801 sq. ft. —2,300 sq. ft. $475
3. Residential Property D/U 1,800 sq. ft. or less $425
4. Non-Residential Acre N/A $3,700
Property
Backup Special Tax
When a Final map is recorded the backup Special tax for the Parcels of taxable Propertywithin such
Final map area shall be determined by multiplying $3,700 by the Net Taxable Acreage in such Final
Map and dividing such amount by the number of Parcels of taxable property (i.e. the number of
residential lots) within such Final map.
Resolution No 08-115
Page 5 of 5
If a Final Map within the CFD includes Parcels of Taxable Property for which building permits for
both residential and non-residential construction may be issued, then the Backup Special Tax for
each Parcel of Residential Propertywithin the CFD shall be computed bythe Administrator exclusive
of the allocable portion of total Net Taxable Acreage attributable to Parcels of Table Property for
which building permits for non-residential construction may be issued
B
C
D METHOD OF APPORTIONMENT OF THE SPECIAL TAX
As commenced in Fiscal Year 2001-2002 and for each following Fiscal Year, the City Council shall
determine the Special Tax Requirement and shall levy the Special Tax on all Taxable Property in the
CFD until the amount of Special Taxes equals the Special Tax Requirement The Special Tax shall
be levied each Fiscal Year as follows
First The Special Tax shall be levied proportionately on each Parcel of Developed Property at up to
100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement,
Second If additional monies are needed to satisfy the Special Tax Requirement after the first step
has been completed,the Special Tax shall be levied Proportionately on each Parcel of Undeveloped
Property at up to 100% of the Maximum Special Tax for Undeveloped Property,
Third If additional moneys are needed to satisfy the Special Tax Requirement after the first two
steps have been completed, the Special Tax to be levied on each Parcel of Developed Property
whose Maximum Special Tax is derived by the application of the Backup Special Tax shall be
increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each
such Parcel,
Fourth If additional monies are needed to satisfy the Special Tax Requirement after the first three
steps have been completed,the Special Tax shall be levied proportionately on each Parcel of Public
Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the
provisions of Section E, at up to 100% of the Maximum Special Tax
Notwithstanding the above, under no circumstances will the Special Taxes levied against any
Parcel of Residential Property be increased by more than ten percent (10%) per Fiscal year as a
consequence of delinquency or default by the owner of any other Parcel of Taxable Property within
the CFD
EXEMPTIONS
The City Council shall not levy Special Taxes on up to 26 04 Net Taxable Acres of Public Property
and Property Owner's Association Property within the CFD Exempt Property status will be assigned
by the Administrator in the chronological order in which property becomes Public Property and
Property Owner's Association Property
After the limit of 26 04 Net Taxable Acres within the CFD has been reached, the Maximum Special
Tax obligation for any additional Public Property and/or Property Owner's Association Propertywithin
the CFD shall be subject to the levy of the Special Tax as provided for in the fourth step