HomeMy WebLinkAbout14-036 - Resolutions RESOLUTION NO. FD 14-036
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO
CUCAMONGA, CALIFORNIA, MAKING CERTAIN
DETERMINATIONS REGARDING THE PROPOSED ANNEXATION
OF TERRITORY (ANNEXATION NO. 14-6) TO AN EXISTING
COMMUNITY FACILITIES DISTRICT(CFD 85-1)AND CALLING A
SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF
THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS
OF SUCH TERRITORY
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 1982", 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;
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
Resolution No. FD 14-036 — Page 1 of 7
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 this resolution; 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 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
"Annexation Map No. 14-6 of Community Facilities District No. 85-1 of the 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:
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 5. SPECIAL TAX Except where funds are otherwise available and
subject to the approval of the qualified electors of the Annexation Area, a special tax
Resolution No. FD 14-036— Page 2 of 7
sufficient to pay for the services described in Section 4 that are 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 Pursuant to and 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 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.
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
6th day of AUGUST 2014, 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 & BALLOT The ballot proposal to be submitted to the qualified voters at
the election shall generally be as follows:
Resolution No. FD 14-036 — Page 3 of 7
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"Annexation Map No. 14-6 of Community Facilities District No.85-
1 of the 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 Resolution No. FD 13-033 to finance fire suppression and
protection services and administrative expenses?
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.
Resolution No. FD 14-036 — Page 4 of 7
PASSED, APPROVED, AND ADOPTED this 61' day of August 2014.
AYES: Alexander, Michael, Spagnolo, Steinorth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
n ichael, Presi ent
ATTEST:
4 Janice C. Reynolds, Secretaryf
I, JANICE C. REYNOLDS, 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 61" day of August 2014.
Executed this 71' day of August 2014 at Rancho Cucamonga, California.
Janice C. Reynolds, Secretary q �
Resolution No. FD 14-036 — Page 5 of 7
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT NO. 85-1
ANNEXATION NO. 14-6
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, the Maximum Special Tax in Community Facilities
District No. 85-1, Annexation No. 14-6 for Fiscal Year 2014-2015 shall be:
Structures Maximum Annual Special Tax
Residential 1 DU = ($151.71)
Multi-Family 2 DU: 1.75 = ($151.71)
3 DU: 2.25 = ($151.71)
4 DU: 2.65 = ($151.71)
5-14 DU: 2.65 = ($151.71) + {.35 (TU-4)
($151.71)}
15-30 DU: 6.15 = ($151.71) + {.30 (TU-14)
($151.71)}
31-80 DU: 10.65 = ($151.71) + {.25 (TU-30)
($151.71)}
81 — up DU: 23.15 = ($151.71) + {.20 (TU-80)
($151.71)}
Commercial ($151.71) per acre + $.082 per SF
Industrial ($151.71) per acre + $.100 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, 2014 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 14-036 — Page 6 of 7
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.
Resolution No. FD 14-036 — Page 7 of 7
