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HomeMy WebLinkAbout15-079 - Resolutions RESOLUTION NO. 15-079 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH WEST-SIDE NEIGHBORHOOD PARKS AND STREET LIGHTING COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CITY OF RANCHO CUCAMONGA AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN FACILITIES AND SERVICES WHEREAS, the City Council of the City of Rancho Cucamonga, California (the "City Council') at this time desires to initiate proceedings to create 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") for the purpose of financing the facilities and services described herein below necessary to serve the properties within such community facilities district; and WHEREAS, this community facilities district shall hereinafter be referred to as West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 of the City of Rancho Cucamonga (the "District'); and WHEREAS, the Act provides that the City Council may initiate proceedings to establish a community facilities district only if it has first considered and adopted local goals and policies concerning the use of the Act; and WHEREAS, this City Council has adopted local goals and policies as required pursuant to the Act; and WHEREAS, this City Council is now desires to proceed to adopt its Resolution of Intention to initiate proceedings for the establishment of such District, to set forth the boundaries for such District, to indicate the type of facilities and services proposed to be financed by such District, to indicate the rate and apportionment of special taxes sufficient to finance such facilities and services and to set a time and place for a public hearing relating to the establishment of such District; and WHEREAS, a map of such District (the "Boundary Map") has been submitted to the City Council showing the boundaries of the territory proposed for inclusion in the District upon the initial establishment thereof including properties and parcels of land proposed to be subject to the levy of special taxes by the District and such map has been adopted by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: Section 1. Recitals. The above recitals are all true and correct. Section 2. Initiation of Proceedings. These proceedings are initiated by this City Council pursuant to the authorization of Section 53318 of the Government Code of the State of California. RESOLUTION NO. 15-079 - Page 1 of 5 Section 3. Boundaries of District. It is the intention of this City Council to establish the District pursuant to the provisions of the Act, and to determine the boundaries and parcels on which special taxes may be levied to finance certain facilities and services. A description of the boundaries of the territory proposed for inclusion in the District including properties and parcels of land proposed to be subject to the levy of special taxes by the District is as follows: All that property as shown on the Boundary Map as previously approved by this City Council, such map designated as "Proposed Boundary Map of West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 of the City of Rancho Cucamonga, County of San Bernardino, State of California" a copy of which is on file in the Office of the City Clerk of the City Council and shall remain open for public inspection. Section 4. Name of the Community Facilities District. The name of the Community Facilities District proposed to be established shall be known and designated as "West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 of the City of Rancho Cucamonga." Section 5. Description of Public Facilities and Services. The types of public facilities and services proposed to be provided for and financed by the proposed community facilities district are: (a) Parks, trails, landscaped areas, medians, and park and recreation improvements, including but not limited to playground equipment, restrooms, sports field, lighting and water features, acquisition and/or installation of street lighting and other improvements placed in parks, trails, medians, or landscaped areas (the "Facilities"); and (b) the services which are proposed to be funded with the revenues from special taxes which are to be levied on parcels of taxable property within the District are the maintenance of public parks, trails, park and recreation improvements throughout the District and public parkways and open space areas, including but not limited to, street trees, graffiti removal, replacement, repair or rehabilitation of playground equipment, restrooms, sports field, lighting and water features, street lighting and other improvements placed in parks, trails, medians, or landscaped areas, public safety services provided within the park and recreation areas, public parkways and open spaces, landscape and street lighting, including but not limited to furnishing of electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements within the District (the "Services"); and (c) The incidental expenses which will be incurred are: (i) the cost of planning and designing the Facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of the proposed community facilities district, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the community facilities district, and (iii) any other expenses incidental to the construction, completion, and inspection of the Facilities and the provision of the Services. Section 6. Special Tax. It is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to finance the Facilities and Services and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the District,will be levied annually within the boundaries of the District. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit A (the"Rate and Method"), which sets forth in sufficient detail the rate and method of apportionment of the special tax to allow each RESOLUTION NO. 15-079 - Page 2 of 5 landowner or resident within the proposed District to clearly estimate the maximum amount of that such person will have to pay for the Facilities and Services. In addition, pursuant to Government Code Section 53321, the maximum amounts of special taxes which may be levied in any fiscal year on parcels within the proposed community facilities district which are used for private residential purposes ("Residential Parcels") are specified in dollar amounts in Exhibit "A" hereto. Special taxes shall not be used on any Residential Parcels to finance the acquisition and construction of Facilities after June 30, 2036, or earlier upon a determination by the City Council as set forth in the Rate and Method of Apportionment, attached hereto as Exhibit "A." Special taxes shall be levied on Residential Parcels to pay the annual costs of the Services which are to be funded thereby, as described in subsection (b) of Section 5 hereof, as long as the City provides the Services. Under no circumstances shall the special tax levied in any fiscal year on any parcel used for private residential purposes be increased as a consequence of delinquency or default in the payment of special taxes by the owner or owners of any other parcel or parcels by more than ten percent (10%) above the amount of the special tax that would have been levied in that fiscal year had there never been any such delinquencies or defaults. The special tax herein proposed, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council or its designee shall determine, including direct billing of the affected property owners. Such special tax shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. 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 City, acting for and on behalf of the District. Pursuant to Government Code Section 53340 and except as provided in Government Code Section 53317.3, properties of entities of the state, federal, and local governments shall be exempt from the levy of the special tax. Section 7. Public Hearing. NOTICE IS GIVEN THAT ON THE 1 ST DAY OF JULY, 2015, AT THE HOUR OF 7 PM, IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL BEING THE COUNCIL CHAMBERS, CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS CITY COUNCIL WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED COMMUNITY FACILITIES DISTRICT, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX, AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT THE ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING ANY INTERESTED PERSONS, INCLUDING TAXPAYERS AND PROPERTY OWNERS MAY APPEAR AND BE HEARD. THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ESTABLISHMENT OF THE COMMUNITY FACILITIES DISTRICT, THE EXTENT OF THE COMMUNITY FACILITIES DISTRICT, OR THE FINANCING OF THE PUBLIC FACILITIES AND SERVICES, WILL BE HEARD AND CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING. HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND CLEARLY SET FORTH THE IRREGULARITIES AND DEFECTS TO WHICH THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK OF THE CITY COUNCIL ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN IN WRITING AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. IF A WRITTEN MAJORITY PROTEST AGAINST THE ESTABLISHMENT OF THE COMMUNITY FACILITIES DISTRICT IS FILED, THE PROCEEDINGS SHALL BE ABANDONED. IF SUCH MAJORITY PROTEST IS LIMITED TO CERTAIN PUBLIC FACILITIES OR SERVICES OR PORTIONS OF THE SPECIAL TAX, THOSE PUBLIC FACILITIES OR RESOLUTION NO. 15-079 - Page 3 of 5 SERVICES OR THAT PORTION OF SPECIAL TAX SHALL BE ELIMINATED BY THE CITY COUNCIL. Section 8. Election. If, following the public hearing described in the Section above, the City Council determines to establish the District and proposes to levy a special tax within the District, the City Council shall then submit the levy of the special tax to the qualified electors of the District. If at least twelve (12) persons, who need not necessarily be the same 12 persons, have been registered to vote within the District for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of the District, with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of the District who were the owners of record at the close of the subject hearing, with each landowner or the authorized representative thereof, having one (1)vote for each acre or portion of an acre of land owned within the District. A successful election relating to the special tax authorization shall, as applicable, establish and/or change the appropriations limit as authorized by Article XIIIB of the California Constitution as it is applicable to the District. Section 9. Notice of Public Hearing. Notice of the time and place of the public hearing shall be given by the City Clerk of the City Council by causing the publication of a Notice of Public Hearing in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing and shall also give notice by first-class mail to each landowner and to each registered voter within the proposed District describing the majority protest and voting procedure, such mailing pursuant to Section 53322.4 of the Government Code, with such publication to be completed at least fifteen (15) days prior to the date set for the public hearing. Section 10. Report. The officers of the City who will be responsible for providing the public services to be provided within and financed by the District, if established, shall study the District, and, at or before the time of the public hearing as described in Section 7, file a report with the City Council containing a brief description of the public services by type which will in his opinion be required to adequately meet the needs of the District, and his estimate of the fair and reasonable cost of providing such services, and the incidental expenses to be incurred in connection therewith. Such report shall be made a part of the record of the hearing to be held pursuant to Section 7 hereof. Section 11. Advances of Funds or Work In-Kind. At any time either before or after the formation of the District, the City Council may accept advances of funds or work-in-kind from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds or that work-in-kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating the District. The City may enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds so advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council. No such agreement shall constitute a debt or liability of the City. RESOLUTION NO. 15-079 - Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 201" day of May 2015. AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None L. Dennis Michael, N6yor ATTEST: Jariice C. Reynolds, CitV Clerk V I, JANICE C. REYNOLDS, 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 201' day of May 2015. Executed this 21"' day of May 2015, at Rancho Cucamonga, California. J 'ce C. Reynolds, City Cfirk RESOLUTION NO. 15-079 - Page 5 of 5