HomeMy WebLinkAbout14-043 - Resolutions RESOLUTION NO. FD 14-043
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO
CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-1,
DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION
OF TERRITORY (ANNEXATION NO. 88-14-1) TO COMMUNITY
FACILITIES DISTRICT NO. 88-1
WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE
PROTECTION DISTRICT, CALIFORNIA, (`Board of Directors"), formed a 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 (the
"Act'). The Community Facilities District has been designated as COMMUNITY FACILITIES
DISTRICT NO. 88-1 (the "District'); and,
WHEREAS,the Board of Directors desires to initiate proceedings to considerthe annexation
of certain real property to the District (the "Territory"); and
WHEREAS,a map entitled"Annexation Map No. 88-14-1 to Community Facilities District No.
88-1 Rancho Cucamonga Fire Protection District, County of San Bernardino,State of California"(the
"Annexation Map")showing the Territory proposed to be annexed to the District has been submitted,
which map has been previously approved and a copy of the map shall be kept on file with the
transcript of these proceedings; and
WHEREAS, this Board of Directors now desires to proceed to adopt its Resolution of
Intention to annex the Territory to District, to describe the territory included within District and the
Territory proposed to be annexed thereto, to specify the facilities and services to be financed from
the proceeds of the levy of special taxes within the Territory,to set and specify the special taxes that
would be levied within the Territory to finance such facilities and services, and to set a time and
place for a public hearing relating to the annexation of the Territory to the District.
NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection
District does hereby resolve as follows:
RECITALS
SECTION 1: The above recitals are all true and correct.
LEGAL AUTHORITY
SECTION 2: These proceedings for annexation are initiated by this Board of
Directors pursuant to the authorization of the Act.
Resolution No. FD 14-043 - Page 1 of 10
INTENTION TO ANNEX: DESCRIPTION OF TERRITORY AND THE DISTRICT
SECTION 3. This legislative body hereby determines that the public convenience
and necessity requires that the Territory be added to the District and this Board of
Directors declares its intention to annex the Territory to the District.
A description of the Territory is as follows:
All that property within the Territory proposed to be annexed
to the District, as such property is shown on the Annexation
Map as previously approved by this legislative body, a copy of
which is on file in the Office of the Secretary and shall remain
open for public inspection.
A general description of the territory included in the District is
hereinafter described as follows:
All that property and territory as originally included within the
District and as subsequently annexed to the District, as such
properties were shown on maps of the original District and
the territories subsequently annexed to the District, all as
approved by this Board of Directors and designated by the
name of the original District. Copies of such maps are on file
in the Office of the Secretary and have also been filed in the
Office of the County Recorder.
SERVICES AND FACILITIES AUTHORIZED TO BE FINANCED BY THE DISTRICT
SECTION 4: The services that are authorized to be financed by the District from
the proceeds of special taxes levied within the existing District are generally
described as the performance by employees of functions, operations, maintenance,
and repair activities in order to provide fire protection and suppression services to
the territory within the existing District.
The District shall finance all direct, administrative and incidental annual costs and
expenses necessary to provide the Services.
The services proposed to be provided within the Territory and to be financed by the
District from the proceeds of special taxes levied within Territory are generally
described in Exhibit A attached hereto and incorporated herein by this reference(the
"Services'). If and to the extent feasible the services shall be provided in common
within the existing District and the Territory.
The facilities that are authorized to be financed by the District from the proceeds of
special taxes levied within the existing District are generally described as (a) the
acquisition of land for fire stations, (b)design and construction of fire stations and(c)
purchase and acquisition of fire suppression apparatus and equipment.
The facilities proposed to be financed by the District from the proceeds of special
taxes levied in the Territory are generally described in Exhibit A attached hereto and
Resolution No. FD 14-043 - Page 2 of 10
incorporated herein by this reference. If and to the extent that it is feasible the
facilities shall be provided in common for the existing District and the Territory.
SPECIAL TAXES
SECTION 5: It is the further intention of this Board of Directors body that, except
where funds are otherwise available, a special tax sufficient to pay for the Services,
Facilities and related incidental expenses authorized by the Act, secured by
recordation of a continuing lien against all non-exempt real property in the Territory,
will be levied annually within the boundaries of such Territory. For further particulars
as to the rate and method of apportionment of the proposed special tax, reference is
made to Exhibit B (the "Special Tax Formula"), which is attached hereto and
incorporated herein by this reference and which sets forth in sufficient detail the
method of apportionment of such special tax to allow each landowner or resident
within the proposed Territory to clearly estimate the maximum amount that such
person will have to pay.
The special tax proposed to be levied within the Territory shall be equal to the
special tax levied to pay for the Services and Facilities in the existing District, except
that a higher or lower special tax may be levied within the Territory to the extent that
the actual cost of providing the Services and Facilities in the Territory is higher or
lower than the cost of providing those Services and Facilities in the existing District.
Notwithstanding the foregoing, the special tax may not be levied at a rate which is
higher than the maximum special tax authorized to be levied pursuant to the Special
Tax Formula.
The special taxes herein authorized 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 legislative body 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.
Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the
Streets and Highways Code of the State of California, a continuing lien to secure
each levy of the special tax shall attach to all non-exempt real property in the
Territory and this lien shall continue in force and effect until the special tax obligation
is prepaid and permanently satisfied and the lien canceled in accordance with law or
until collection of the tax by the legislative body ceases.
The maximum special tax rate authorized to be levied within the District shall not be
increased as a result of the annexation of the Territory to the District.
Resolution No. FD 14-043 - Page 3 of 10
PUBLIC HEARING
SECTION 6: NOTICE IS GIVEN THAT ON THE 17th DAY OF SEPTEMBER 2014,
AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF
THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 10500 CIVIC
CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, A PUBLIC HEARING
WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE
AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE
DISTRICT, THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF
THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER
MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION.
AT SUCH PUBLIC HEARING,THE TESTIMONY OF ALL INTERESTED PERSONS
FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING
OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD.
AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED
ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN
THE TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS
RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. ANY
PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE
PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE
IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL
WRITTEN PROTESTS SHALL BE FILED WITH THE SECRETARY PRIOR TO THE
TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE
WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC
HEARING.
MAJORITY PROTEST
SECTION 7: If(a)50%or more of the registered voters,or six(6)registered voters,
whichever is more, residing within the District, (b) 50% or more of the registered
voters, or six (6) registered voters, whichever is more, residing within the Territory,
(c) owners of one-half or more of the area of land in the territory included in the
District, or(d)owners of one-half or more of the area of land included in the Territory,
file written protests against the proposed annexation of the Territory to the District
and such protests are not withdrawn so as to reduce the protests to less than a
majority, no further proceedings shall be undertaken for a period of one year from
the date of the decision by the Board of Directors on the issues discussed at the
public hearing.
Resolution No. FD 14-043 - Page 4 of 10
ELECTION
SECTION 8: Upon the conclusion of the public hearing, if the legislative body
determines to proceed with the annexation, a proposition shall be submitted to the
qualified electors of the Territory. The vote shall be by registered voters within the
Territory; however, if there are less than 12 registered voters, the vote shall be by
landowners,with each landowner having one vote per acre or portion thereof within
the Territory.
NOTICE
SECTION 9: Notice of the time and place of the public hearing shall be given by
the Secretary by publication in a legally designated newspaper of general circulation,
said publication pursuant to Section 6061 of the Government Code, with said
publication to be completed at least seven(7)days prior to the date set forthe public
hearing.
A copy of this Resolution shall be transmitted to the City Council of the City of
Rancho Cucamonga as required by the Act.
Resolution No. FD 14-043 - Page 5 of 10
PASSED, APPROVED, AND ADOPTED this 201" day of August 2014.
AYES: Alexander, Michael, Spagnolo, Steinorth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
ennis Michae , Pr sident
ATTEST:
nice C. Reynolds, Se etary
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 20th day of August 2014.
Executed this 21s'day of August 2014 at Rancho Cucamonga, California.
z'*� 9411 -Lw-z
ice C. Reynolds, Secrdtary
Resolution No. FD 14-043 - Page 6 of 10
EXHIBIT 'A'
COMMUNITY FACILITIES DISTRICT NO. 88-1
DESCRIPTION OF THE SERVICES AND FACILITIES
The Services.
It is the intention of the Board of Directors to finance certain types of fire services (the "Services")
that are in addition to those currently provided in or required for the Territory and are necessary to
meet the increased demand for such fire services resulting from new development within the
Territory and will not be replacing services already available to the Territory. A general description
of the Services to be financed is as follows:
The performance of functions, operations, maintenance and repair activities in
order to provide fire protection and suppression services to the Territory.
The Facilities.
It is the intention of this Board of Directors to finance the purchase, construction, expansion,
improvement, or rehabilitation of certain types of fire facilities(the"Facilities")that are in addition to
those currently provided to serve the Territory and are necessary to meet the increased demand for
such fire services resulting from new development within the Territory and will not be replacing
facilities already available to serve the Territory. A general description of the types of the Facilities
to be financed is as follows:
Fire protection and suppression facilities and equipment, rescue equipment, with a
useful life of five(5)years or more, including collection and accumulation of funds to
pay for anticipated facilities cost shortfalls and reserves for repair and replacement to
the extent that such facilities are necessary to meet the increased demand for such
facilities resulting from new development within the Territory.
Resolution No. FD 14-043 - Page 7 of 10
EXHIBIT 'B'
COMMUNITY FACILITIES DISTRICT NO. 88-1
ANNEXATION NO. 88-14-1
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
FISCAL YEAR 2014/15
TAXING SPECIAL TAX LEVY
TAXING CLASSIFICATION FISCAL YEAR 2014/15
1. DEVELOPED
PROPERTY
A. Residential Class I
(more than 3590 $463.24
SF)
B. Residential Class
I I $356.94
(3077 to 3589 SF)
C. Residential Class
III $284.09
(2564 to 3076 SF)
D. Residential Class
IV $248.26
(2308 to 2563 SF)
E. Residential Class
V $214.97
(2051 to 2307 SF)
F. Residential Class
VI $195.79
(1795 to 2050 SF)
G. Residential Class
VII $176.58
(less than 1795
SF)
Commercial/Industrial Property $712-77 per acre or$0.064 per sq.ft.
or bldg. area, whichever is greater
2. APPROVED PROPERTY $200.00 per lot or parcel
3. VACANT PROPERTY $10.00 per acre
SF = Square Feet
Resolution No. FD 14-043 - Page 8 of 10
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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 14-043 - Page 9 of 10