HomeMy WebLinkAbout15-111 - Resolutions RESOLUTION NO. 15-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, FORMING AND ESTABLISHING WEST-
SIDE NEIGHBORHOOD PARKS AND STREET LIGHTING COMMUNITY
FACILITIES DISTRICT NO. 1 OF THE CITY OF RANCHO CUCAMONGA,
AND AUTHORIZING SUBMITTAL OF THE LEVY OF THE SPECIAL TAX
TO THE QUALIFIED ELECTORS
WHEREAS, the City Council of the City of Rancho Cucamonga (the "City"), has,
by the adoption of Resolution No. 15-079 (the "Resolution of Intention"), previously
declared its intention to form 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 public services and facilities described herein below; such
community facilities district 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, notice of a public hearing relating to the establishment of the District,
the extent of the District, the financing of certain types of services and facilities and all
other related matters has been given, and a Community Facilities District Report, as
ordered by this City Council, has been presented to this City Council and has been made
a part of the record of the hearing to establish the District; and
WHEREAS, all communications relating to the establishment of the District, the
financing of certain types of public services and facilities and the proposed rate and
method of apportionment of the special tax have been presented, and it has further been
determined that a majority protest as defined by law has not been received against these
proceedings; and
RESOLUTION NO. 15-111 - Page 1 of 11
WHEREAS, the Registrar of Voters of the County of San Bernardino has certified
that there are more than twelve (12) registered voters residing within the proposed
boundaries of the District; and
WHEREAS, inasmuch as there are more than twelve (12) registered voters within
the territory of the District, the authorization to levy the special tax within the District shall
be submitted to the registered voters of the District, such registered voters being the
qualified electors as authorized by law.
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. Determinations. It is hereby determined by this City Council that:
A. All prior proceedings pertaining to the formation of the District were valid
and taken in conformity with the requirements of the law, and specifically
the provisions of the Act, and that this finding and determination is made
pursuant to the provisions of Government Code Section 53325.1.
B. The written protests received, if any, do not represent a majority protest as
defined by the applicable provisions of the Act and, therefore, the special
taxes proposed to be levied within the District have not been precluded by
majority protest pursuant to Section 53324 of the Government Code of the
State of California.
C. The District as proposed conforms with the City of Rancho Cucamonga's
statement of goals and policies regarding the establishment of community
facilities districts (the "Goals and Policies").
D. The formation of the District, the authorization to levy the special tax within
the District to finance the public services and the facilities described below
RESOLUTION NO. 15-111 - Page 2 of 11
does not constitute a commitment to finance any specific project which may
result in a potentially significant physical impact on the environment. The
formation of District and such authorization to levy the special tax constitute
the creation of a government funding mechanism which does not involve
the commitment to any specific project which may result in a potentially
significant physical impact on the environment. Therefore, the formation of
the District and the authorization to levy the special tax within District do not
constitute a "project' which is subject to the provisions of the California
Environmental Quality Act (California Public Resources Code Section
21000 and following).
E. More than twelve (12) persons have been registered to vote within the
District for each of the ninety (90) days preceding the close of the public
hearing, therefore, pursuant to the Act the qualified electors of the District
shall be the registered voters of the District with each registered voter
having one (1) vote.
F. 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 3. Community Facilities District Report. The Community Facilities
District Report, as amended during the public hearing, as prepared pursuant to the Act
and the Resolution of Intention and now submitted and received by this City Council, shall
stand as the Community Facilities District Report for all future proceedings and all terms
and contents are approved as set forth therein.
Section 4. Name of the Community Facilities District. This legislative body
does hereby establish and declare the formation of the District to be known and
RESOLUTION NO. 15-111 - Page 3 of 11
designated as "West-Side Neighborhood Parks and Street Lighting Community Facilities
District No. 1 of the City of Rancho Cucamonga."
Section 5. Boundaries of CFD No. 1. The boundaries of the District are
generally described as follows:
All property shown on a boundary map approved by this
legislative body, said boundary 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 6. Description of Authorized Services and Authorized Facilities.
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
RESOLUTION NO. 15-111 - Page 4 of 11
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.
For a further description of the public services and the public facilities, reference is
made to the Community Facilities District Report, a copy of which is on file in the Office
of the City Clerk of the City Council.
The City Council finds that the Facilities and the Services described in this Section
6 hereof are necessary to meet increased demands placed upon the City's parks, trails
and recreation areas.
Section 7. Special Taxes. 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. The rate and method of apportionment of
the proposed special tax as set forth in the Resolution of Intention (the "Original Rate and
Method") is hereby amended to reclassify mobile home units from commercial units to
residential units as set forth in Exhibit "A" hereto (the "Rate and Method") to reduce the
RESOLUTION NO. 15-111 - Page 5 of 11
maximum special tax rate for such property owners. For further particulars as to the Rate
and Method reference is made to the attached Exhibit "A", which sets forth in sufficient
detail the rate and method of apportionment of the special tax to allow each 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 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, 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 6 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, 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
RESOLUTION NO. 15-111 - Page 6 of 11
collected on the County tax roll shall be collected through a direct billing procedure by the
Finance Director 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.
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 District and
this lien shall continue in force and effect until collection of the special tax by the legislative
body ceases.
Section 8. Special Tax Accountability Measures. Pursuant to and in
compliance with the provisions of Government Code Section 50075.1, this City hereby
establishes the following accountability measures pertaining to the levy by the District of
the special tax described in Section 7 above:
A. The special tax shall be levied for the specific purposes set forth in Section
7 above.
B. The proceeds of the levy of such special tax shall be applied only to the
specific applicable purposes set forth in Section 7 above.
C. The District shall establish a separate account into which the proceeds of
such special taxes shall be deposited.
D. The City Manager of the City of Rancho Cucamonga, or his or her designee,
acting for and on behalf of the District, shall annually file a report with the
City as required pursuant to Government Code Section 50075.3.
RESOLUTION NO. 15-111 - Page 7 of 11
The City Manager is hereby authorized to establish a procedure for the
appointment of a citizen's oversight committee to monitor the expenditure of special taxes
of the District.
Section 9. Preparation of Annual Tax Roll. The name, address and telephone
number of the office, department, or bureau which will be responsible for preparing
annually a current roll of the special tax levy obligations by Assessor's parcel number and
which shall be responsible for estimating future special tax levies pursuant to Section
53340.2 of the Government Code of the State of California, are as follows:
CITY CLERK
CITY OF RANCHO CUCAMONGA
10500 CIVIC CENTER DRIVE
RANCHO CUCAMONGA, CALIFORNIA 91730
(909) 477-2700
Section 10. Substitute Facilities. The description of the Authorized Facilities,
as set forth herein, is general in its nature. The final nature and location of such facilities
will be determined upon the preparation of final plans and specifications. The final plans
may show substitutes in lieu of, or modification to, the proposed facilities, and any such
substitution shall not be a change or modification in the proceedings as long as the
facilities provide a service substantially similar to that as set forth in this Resolution.
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
RESOLUTION NO. 15-111 - Page 8 of 11
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.
Section 12. Election. This legislative body intends to submit the levy of the
special tax to the qualified electors of the District, said electors being the registered voters
of the District, with each registered voter having one (1) vote.
Section 13. Effective Date. This resolution shall become effective upon its
adoption.
RESOLUTION NO. 15-111 - Page 9 of 11
PASSED, APPROVED, AND ADOPTED this 15' day of July 2015.
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
isMichael, Klayor
ATTEST:
anic . Reynolds, City Clerk
f, 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 15' day of July 2015.
Executed this 15' day of July 2015, at Rancho Cucamonga, California.
t;n'iC. Reynolds, City Clerk
RESOLUTION NO. 15-111 - Page 10 of 11
Exhibit A
Rate and Method of Apportionment of Special Taxes
RESOLUTION NO. 15-111 - Page 11 of 11
EXHIBIT "A"
AMENDED RATE AND METHOD OF APPORTIONMENT
FOR THE WEST-SIDE NEIGHBORHOOD PARKS AND STREET LIGHTING
COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CITY OF RANCHO CUCAMONGA
A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable Property within
the West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 of the City of
Rancho Cucamonga("West-Side CFD")and collected each Fiscal Year commencing with Fiscal Year 2016-
2017 in an amount determined by the City Council through the application of this amended Rate and Method
of Apportionment as described below. All of the real property in West-Side CFD, unless exempted by law
or by the provisions hereof, shall be taxed for the purposes of, to the extent and in the manner herein
provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
"Acreage" or"Acre" means that acreage shown on the Assessor's Parcel Map or in the Assessor's
Data for each Assessor's Parcel. In the event that the Assessor's Parcel Map or Assessor's Data
shows no acreage, the Acreage for any Assessor's Parcel shall be determined by the CFD
Administrator based upon the applicable condominium plan, final map, parcel map or GIS records.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5,
Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or reasonably estimated costs directly related to the
administration of West-Side CFD including, but not limited to, the following: the costs of computing
the Special Tax and preparing the annual Special Tax collection schedules (whether by the City, the
CFD Administrator, or both); the costs of collecting the Special Taxes (whether by the County, the
City, or otherwise); the costs to the City, West-Side CFD, or any designee thereof of complying with
disclosure requirements; the costs associated with preparing Special Tax disclosure statements and
responding to public inquiries regarding the Special Taxes;and the costs of the City,West-Side CFD,
or any designee thereof related to any appeal of the levy or application of the Special Tax.
Administrative Expenses shall also include amounts estimated or advanced by the City or West-Side
CFD for any other administrative purposes, including, but not limited to, attorney's fees.
"Assessor's Data" means Acreage or other Assessor's Parcel information contained in the records
of the County Assessor.
"Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned
Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County designating
parcels by an Assessor's Parcel number.
"CFD Administrator" means an official of the City, or designee thereof, responsible for determining
the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
"City" means the City of Rancho Cucamonga.
"City Council" means the City Council of the City, acting as the legislative body of West-Side CFD.
City of Rancho Cucamonga
West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 Page 1
"County" means the County of San Bernardino.
"Developed Property" means for each Fiscal Year, all Taxable Property,for which a building permit
was issued prior to the March 1 preceding the Fiscal Year for which the Special Tax is being levied.
"Exempt Property" means all Assessors' Parcels that are exempt from the Special Tax pursuant to
Section E.
"Facilities" means parks, trails, landscaped areas, medians and park 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.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Eligible Senior" means a Senior Citizen who is a property owner of any Residential Property,
excluding Senior Housing Property, and who has been determined by the City to qualify under
procedures to be established by the City, as may later be amended,to determine whether Residential
Property may be classified as Eligible Senior Residential Property or Eligible Senior Residential
Property—After Sale.
"Eligible Senior Residential Property" means all Assessor's Parcels of Residential Property,
excluding Senior Housing Property or Senior Housing Property — After Sale, owned by an Eligible
Senior. For properties containing more than one Residential Unit,only a maximum of one Residential
Unit may be classified as an Eligible Senior Unit. All remaining Residential Units shall be classified
and taxed as Residential Property.
"Eligible Senior Residential Property — After Sale" means all Assessor's Parcels of Residential
Property—After Sale, excluding Senior Housing Property and Senior Housing Property—After Sale,
owned by an Eligible Senior. For properties containing more than one Residential Unit, only a
maximum of one Residential Unit may be classified as an Eligible Senior Unit. All remaining
Residential Units shall be classified and taxed as Residential Property—After sale.
"Eligible Senior Unit" means for any Residential Unit that can be classified as Eligible Senior
Residential Property or Eligible Senior Residential Property—After Sale and is owned and occupied
by an Eligible Senior.
"Maximum Annual Special Tax" means the maximum annual Special Tax, determined in
accordance with the provisions of Section C, which may be levied in any Fiscal Year on any
Assessor's Parcel of Taxable Property.
"Non-Residential Property" means all Assessor's Parcels of Developed Property that cannot be
classified as Residential Property, Residential Property — After Sale, Eligible Senior Residential
Property, Eligible Senior Residential Property — After Sale, Senior Housing Property, or Senior
Housing Property—After Sale.
"Property Owner Association Property" means any property which is owned or irrevocably offered
for dedication by a homeowners' or property owners' association, including any master or sub-
association.
"Proportionately" means for Taxable Property that the ratio of the Special Tax levy to the Maximum
Annual Special Tax is equal for all Assessors' Parcels of Taxable Property within West-Side CFD.
City of Rancho Cucamonga
West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 Page 2
"Public Property" means any property which (a) is owned by a public agency, (b) has been
irrevocably offered for dedication to a public agency,or(c) is designated with specific boundaries and
acreage on a final subdivision map as property which will be owned by a public agency. For purposes
of this definition, a public agency includes the federal government,the State of California, the County,
the City, or any other public agency.
"Residential Property" means all Assessor's Parcels of Developed Property for purposes of
constructing one or more Residential Units. Residential Property also includes mobile home parks
and Assessor's Parcels with individual mobile homes.
"Residential Property — After Sale" means Residential Property that was sold or transferred
ownership after January 1, 2017. Transferred ownership excludes Residential Property where the
property owners transferred the property to a trust after January 1, 2017, and where the property
owners are the trustees and owned the property prior to January 1, 2017. Beginning Fiscal Year
2017/2018, Residential Property — After Sale also includes all Assessor's Parcels of Developed
Property for the purposes of constructing one or more Residential Units that was previously classified
as Undeveloped Property and for which the property has not sold or transferred ownership. Mobile
home transfers shall only be classified Residential Property—After Sale upon the sale or transfer of
ownership after January 1, 2017 of any Assessor Parcel upon which mobile homes are located. The
sale or transfer of individual mobile home units within an Assessor's Parcel of land shall re-classify
such Residential Property as Residential Property—After Sale.
"Residential Unit" means for Residential Property, an individual single family Residential Unit, each
individual Residential Unit within a duplex, triplex, fourplex, townhome or condominium structure,
each individual apartment Residential Unit, or each individual mobile home or mobile home space in
a mobile home park.
"Senior Citizen" means a person 65 years of age or older, or 55 years of age or older in a Senior
Housing Property.
"Senior Housing Property"means a residential development developed,substantially rehabilitated,
or substantially renovated for occupancy by Senior Citizens that has at least 35 Residential Units,
including a mobile home park that has been determined by the City to qualify under procedures to be
established by the City, as may later be amended, to being exclusive for Senior Citizen occupancy.
"Senior Housing Property — After Sale" means Senior Housing Property that was sold or
transferred ownership after January 1, 2017.
"Services" means labor, material, administration, personnel, equipment and utilities necessary to
maintain the public parks, trails, park and recreation improvements throughout the West-Side CFD
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 West-Side CFD.
"Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's
Parcel of Taxable Property to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount of Special Tax revenue required in any Fiscal Year
for West-Side CFD to: (i) pay for the costs of construction, operation, maintenance and servicing of
the Facilities and Services; (ii) pay Administrative Expenses; (iii) repay any amounts advanced by
City of Rancho Cucamonga
West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 Page 3
the City as authorized by City Council; (iv) pay any amounts required to establish or replenish any
repair and contingency funds, capital improvement funds, or reserve funds for West-Side CFD; (v)
pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special
Taxes levied in the previous Fiscal Year; and (vi) a credit for funds available to reduce the annual
Special Tax levy, as determined by the CFD Administrator.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of West-Side CFD
that are not exempt from the Special Tax pursuant to law or Section E below.
"Undeveloped Property" means all Assessor's Parcels of Taxable Property that cannot be
classified as Residential Property, Residential Property — After Sale, Eligible Senior Residential
Property, Eligible Senior Residential Property—After Sale, Senior Housing Property, Senior Housing
Property—After Sale, or Non-Residential Property.
"West-Side CFD" means the West-Side Neighborhood Parks and Street Lighting Community
Facilities District No. 1 of the City of Rancho Cucamonga.
B. ASSIGNMENT TO LAND USE CATEGORIES
On, or around, July 1 of each Fiscal Year, the CFD Administrator shall:
1. Determine the valid Assessor's Parcels for the current Fiscal Year for all Taxable Property
within the West-Side CFD. If any Assessor's Parcels are no longer valid from the previous
Fiscal Year, the CFD Administrator shall determine the new Assessor's Parcels that are in
effect for the current Fiscal Year. To the extent an Assessor's Parcel or Assessor's Parcels
are subdivided, consolidated, or otherwise reconfigured, the Special Tax shall be assigned to
the new Assessor's Parcels pursuant to Section C.
2. Each Assessor's Parcel of Taxable Property shall further be classified as Residential Property,
Residential Property — After Sale, Eligible Senior Residential Property, Eligible Senior
Residential Property— After Sale, Senior Housing Property, Senior Housing Property — After
Sale, Non Residential Property, or Undeveloped Property. Taxable Property shall be subject
to the levy of annual Special Taxes determined pursuant to Sections C and D below.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
The Maximum Annual Special Tax for each Assessor's Parcel of Taxable Property shall be assigned
according to the table below:
2016-2017 Maximum Annual
Taxable Property Land Use Special Tax Amount
Residential Property $89.00 per Residential Unit
City of Rancho Cucamonga
West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 Page 4
Residential Property—After Sale $178.00 per Residential Unit
Eligible Senior Residential Property $44.50 per Eligible Senior Unit
Eligible Senior Residential Property—After Sale $89.00 per Eligible Senior Unit
Senior Housing Property $44.50 per Residential Unit
Senior Housing Property—After Sale $89.00 per Residential Unit
Non-Residential Property $712.00 per Acre or portion thereof
Undeveloped Property $40.00 per Acre or portion thereof
On July 1 of each Fiscal Year, commencing on July 1, 2017, the Maximum Annual Special Tax rates
set forth in the table above shall be increased by an amount equal to two percent (2%) of the
Maximum Annual Special Tax amount in effect for the previous Fiscal Year until the earlier of a) the
date that the City Council determines the special taxes will no longer be used to finance the
acquisition and/or construction of Facilities, or b) June 30, 2036; at which point the then Maximum
Annual Special Tax amount shall be increased by an amount equal to three percent (3%) beginning
the following fiscal year. The annual Special Tax levied may be less than the Maximum Annual
Special Tax, based on the current year Special Tax Requirement and approved by City Council.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2016-2017 and for each subsequent Fiscal Year, the CFD
Administrator shall determine the Special Tax Requirement and shall levy the Special Tax on each
Assessor's Parcel of Taxable Property until the total amount of Special Taxes equals the Special Tax
Requirement.
The Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Property at a
rate up to 100% of the applicable Maximum Annual Special Tax to satisfy the Special Tax
Requirement.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Residential Property, Residential Property — After Sale, Eligible Senior
Residential Property, Eligible Senior Residential Property— After Sale, Senior Housing Property, or
Senior Housing Property—After Sale be increased by more than ten percent (10%) above what the
Assessor's Parcel of Residential Property, Residential Property — After Sale, Eligible Senior
Residential Property, Eligible Senior Residential Property— After Sale, Senior Housing Property, or
Senior Housing Property—After Sale would have been levied had there been no delinquencies.
E. EXEMPTIONS
The CFD Administrator shall classify the following as Exempt Property: Public Property, Property
Owner Association Property, Assessor's Parcels with public or utility easements making impractical
their utilization for any use other than the purposes set forth in the easement, and any other parcel
that is normally exempt from the levy of general ad valorem property taxes under California law,
including, but not limited to, streets, schools, parks, churches, drainage ways, landscaping, green
belts, and open space.
City of Rancho Cucamonga
West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 Page 5
If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no
longer classified as one of the uses set forth above that would make such Assessor's Parcel eligible
to be classified as Exempt Property, such Assessor's Parcel shall cease to be classified as Exempt
Property and shall be deemed to be Taxable Property.
F REVIEW/APPEAL COMMITTEE
Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's
Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such
consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator
may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such
consultation and action (if any by the CFD Administrator), the landowner or resident believes such
error still exists, such person may file a written notice with the City appealing the amount of the
Special Tax levied on such Assessor's Parcel. The City may establish such procedures, as it deems
necessary to undertake the review of any such appeal. The City shall interpret this amended Rate
and Method of Apportionment and make determinations relative to the annual administration of the
Special Tax and any landowner or resident appeals, as herein specified. The decision of the City
shall be final and binding as to all persons.
G. MANNER OF COLLECTION
The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes; provided, however, that West-Side CFD, may directly bill the Special Tax,
and may collect Special Taxes at a different time or in a different manner as necessary to meet its
financial obligations.
H. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.
I TERM OF SPECIAL TAX
The Special Tax shall be levied, commencing in Fiscal Year 2016-2017, as long as necessary to
satisfy the Special Tax Requirement provided, however Special Taxes will not be used to finance the
acquisition of facilities after Fiscal Year 2035/36.
J. APPROPRIATIONS LIMIT
Upon approval of the voters of the West-Side CFD, the West-Side CFD shall be subject to an
appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California
Constitution in the amount of $14,500,000 in accordance with Section 8 of Article XIIIB of the
California Constitution.
City of Rancho Cucamonga
West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 Page 6
West-Side Neighborhood Parks and Street Lighting
Community Facilities District No. 1
City of Rancho Cucamonga
Special Tax Report
July 2015
Prepared by
(D N BS
For and on behalf of the City of Rancho Cucamonga
Main Office
32605 Temecula Parkway, Suite 100
Temeada, CA 92592
Toll free:800.676.7516 Fax: 951.296.1998
Regional Office
870 Market Street,Suite 1223
San Francisco, CA 94102
Toll free: 800.434.8349 Fax: 415.391.8439
TABLE OF CONTENTS
INTRODUCTION 1
DESCRIPTION OF PUBLIC FACILITIES AND SERVICES 2
BOUNDARIES OF THE DISTRICT 3
COST ESTIMATE 4
Initial Maximum Amount Proposed to be Expended..............................................................4
Fiscal Year 2016-2017 Maximum Special Tax Rates............................................................5
Anticipated Maximum Special Tax Revenue.........................................................................6
AMENDED RATE AND METHOD OF APPORTIONMENT 7
Termof Special Tax..............................................................................................................7
Mannerof Collection.............................................................................................................7
APPENDICES 8
APPENDIX A — BOUNDARY MAP
APPENDIX B — AMENDED RATE AND METHOD OF APPORTIONMENT
APPENDIX C — RESOLUTION ADOPTING BOUNDARY MAP
APPENDIX D — RESOLUTION OF INTENTION
INTRODUCTION
The City Council (the"City Council') of the City of Rancho Cucamonga (the"City") did, pursuant to
the provisions of the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California
Government Code; hereafter referred to as the "Act'), on April 1, 2015, adopted a resolution entitled
Resolution adopting a Boundary Map of the Territory Proposed for Inclusion in Proposed West-Side
Neighborhood Parks and Street Lighting Community Facilities District No. 1 (the "Resolution Adopting
Boundary Map") and on May 20, 2015, adopted a resolution entitled the 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 (the "Resolution of
Intention"); a copy of these Resolutions are included herein as Appendix C and D of this report.
In the Resolution of Intention, the City Council expressly directed the filing of a report for the
proposed West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 of the City
of Rancho Cucamonga (the "District') containing the following:
1. A brief description of the public facilities and services to be funded by the District; and
2. An estimate of the fair and reasonable cost of providing the services, including the incidental
expenses to be incurred in connection therewith.
For particulars, reference is made to the Resolution of Intention, as previously adopted on May 20,
2015 by the City Council.
NOW, THEREFORE, the report has been prepared by, or under the direction of the officers of the
City who will be responsible for providing the public services within and financed by the District, pursuant
to the provisions of the Act, and does hereby submit this report containing the following information:
• DESCRIPTION OF PUBLIC FACILITIES AND SERVICES. A description of the facilities and
services that the City Council has determined to be eligible to be funded by the District.
• BOUNDARIES OF THE DISTRICT. The proposed boundaries of the District are those
properties and parcels on which special taxes may be levied to pay for the costs and expenses
of the services.
• COST ESTIMATE. The initial maximum cost estimate for the District services and the
anticipated initial maximum special tax revenue.
• AMENDED RATE AND METHOD OF APPORTIONMENT. The Rate and Method of
Apportionment of Special Tax which was included in the Resolution of Intention and previously
approved by the City Council, has been amended to reclassify mobile homes units from Non
Residential to Residential and to reduce the maximum special tax rate for such property
owners.
West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 1
Special Tax Report
Prepared by NBS on behalf of the City of Rancho Cucamonga—July 2015
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.
West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 2
Special Tax Report
Prepared by NBS on behalf of the City of Rancho Cucamonga—July 2015
BOUNDARIES OF THE DISTRICT
The proposed boundaries of the District are those parcels on which special taxes may be levied and
collected to pay for the costs and expenses of the District facilities and services. The proposed boundaries
of the District are identified on the map of the District recorded on April 9, 2005 in Book 86 of Assessment
Maps at Page 48 as Document No. 2015-0140830 in the office of the County Recorder for the County of
San Bernardino. The District map is on file with the City Clerk, to which reference is hereby made and a
reduced copy of such map is set forth in Appendix A of this report.
West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 3
Special Tax Report
Prepared by NBS on behalf of the City of Rancho Cucamonga—July 2015
COST ESTIMATE
Initial Maximum Amount Proposed to be Expended
The annual budget presented below represents the initial maximum costs for the District:
2016-2017
Object Code Description Budget Amount
Personnel Services
5000 Regular Salaries $518,090
5005 Overtime Salaries 3,680
5010 Part-time Salaries 11,600
5030 Fringe Benefits 236,560
Subtotal Personnel $769,930
Operations and Maintenance
5102 Training $180
5160 Membership Dues 30
5152 Computer Software 0
5200 Operations and Maintenance 182,450
5204 O&M/Facilities 16,500
5250 Vehicle Operations and Maintenance 2,070
5252 Emergency Equipment and Vehicle Rental 800
5280 Equipment Operations and Maint. 12,180
5300 Contract Services 1,640,560
5304 Contract Services/Facilities 108,410
5310 Tree Maintenance 90,050
5400 Telephone Utilities 13,310
5402 Water Utilities 894,290
5403 Electric Utilities 1,114,060
5500 Assessment Administration 154,550
5501 Admin/General Overhead 233,800
5504 Interfund Allocation
Personnel Services 32,200
Operations and Maintenance 43,970
Subtotal Operations and Maintenance $4,539,410
5607 Cap.Outlay-Impry Other Than Bldg
Repair Asphalt Exer.Trail--Red Hill $0
Red Hill Lake Rehabilitation 0
Hermosa Park Light Pole Replacement 0
5650 Capital Project
1621 Red Hill Pedestrian Paseo 0
1699 Red Hill Slope Renovation 0
Subtotal-Capital Outlay/Projects $0
Total District Expenditure Budget $5,309,340
9900 Transfer Out-Reserves(Replacement Costs) 100,000
Loan Payback(1) 214,060
Reserves 10,272
Total District Costs $5,633,672
(1) If the District is approved,this loan would allow the District to complete park maintenance projects
that have been deferred due to lack of funding. Projects will be prioritized and determined by the
City Council with community input at that time.
West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 4
Special Tax Report
Prepared by NBS on behalf of the City of Rancho Cucamonga—July 2015
Fiscal Year 2016-2017 Maximum Special Tax Rates
The initial maximum special tax rates are set forth in the amended Rate and Method of Apportionment for
the District. The Fiscal Year 2016-2017 maximum special tax rates are listed below.
2016-2017 Maximum Annual
Taxable Property Land Use Special Tax Amount
Residential Property $89.00 per Residential Unit
Residential Property—After Sale $178.00 per Residential Unit
Eligible Senior Residential Property $44.50 per Eligible Senior Unit
Eligible Senior Residential Property—After Sale $89.00 per Eligible Senior Unit
Senior Housing Property $44.50 per Residential Unit
Senior Housing Property—After Sale $89.00 per Residential Unit
Non-Residential Property $712.00 per Acre or portion thereof
Undeveloped Property $40.00 per Acre or portion thereof
On July 1 of each Fiscal Year, commencing on July 1, 2017, the Maximum Annual Special Tax rates set
forth in the table above shall be increased by an amount equal to two percent (2%) of the Maximum Annual
Special Tax amount in effect for the previous Fiscal Year until the earlier of a)the date that the City Council
determines the special taxes will no longer be used to finance the acquisition and/or construction of
Facilities, or b) June 30, 2036; at which point the then Maximum Annual Special Tax amount shall be
increased by an amount equal to three percent(3%) beginning the following fiscal year. The annual Special
Tax levied may be less than the Maximum Annual Special Tax, based on the current year Special Tax
Requirement and approved by City Council. The actual Special Tax imposed for a given year may not
exceed the then current year Maximum Annual Special Tax amount or the actual costs of the District,
whichever is less.
West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 5
Special Tax Report
Prepared by NBS on behalf of the City of Rancho Cucamonga—July 2015
Anticipated Maximum Special Tax Revenue
The initial maximum special tax rates are set forth in the amended Rate and Method of Apportionment for
the District. The anticipated initial maximum special tax revenue is as follows:
2016-2017 Maximum Anticipated 2016-2017
Annual Maximum
Taxable Property Land Use Special Tax Amount Special Tax Revenues
Residential Property $89.00 $2,803,234.42
per Residential Unit
Residential Property—After Sale $178.00 0.00
per Residential Unit
Eligible Senior Residential Property $44.50 72,401.50
per Eligible Senior Unit
Eligible Senior Residential Property—After Sale $89.00 0.00
per Eligible Senior Unit
Senior Housing Property $44.50 143,867.79
per Residential Unit
Senior Housing Property—After Sale $89.00 0.00
per Residential Unit
Non-Residential Property - $712.00 2,578,674.74
per Acre or portion thereof
Undeveloped Property $40.00 35,493.38
per Acre or portion thereof
Total District Anticipated Maximum Special $5,633,671.83
Tax Revenues
West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 6
Special Tax Report
Prepared by NBS on behalf of the City of Rancho Cucamonga—July 2015
AA11ENDEDRATE AND METHOD OF APPORTIONMENT
All of the property located within the District, unless exempted by law or by the amended Rate and Method
of Apportionment, shall be taxed for the purpose of providing necessary services for the District. Pursuant
to Section 53325.3 of the Act, the tax imposed "is a special tax and not a special assessment, and there is
no requirement that the tax be apportioned on the basis of benefit to any property." The special tax "may
be based on benefit received by parcels of real property, the cost of making facilities or authorized services
available to each parcel, or other reasonable basis as determined by the legislative body," although the
special tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California
Constitution.
As shown in Appendix B, the amended Rate and Method of Apportionment provides information sufficient
to allow each property owner within the District to estimate the maximum special tax that he or she will be
required to pay.
Term of Special Tax
The Special Tax shall be levied, commencing in Fiscal Year 2016-2017, as long as necessary to satisfy the
Special Tax Requirement provided, however Special Taxes will not be used to finance the acquisition of
facilities after Fiscal Year 2035-2036.
Manner of Collection
The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes; provided, however,that the District may directly bill the Special Tax,and may collect Special
Taxes at a different time or in a different manner as necessary to meet its financial obligations.
West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 7
Special Tax Report
Prepared by NBS on behalf of the City of Rancho Cucamonga—July 2015
APPENDICES
Boundary Map A
Amended Rate and Method of Apportionment B
Resolution Adopting Boundary Map C
Resolution of Intention D
West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 8
Special Tax Report
Prepared by NBS on behalf of the City of Rancho Cucamonga—July 2015
APPENDIX A - BOUNDARY MAP
The boundary map for the District is shown on the following page. The lines and dimensions of each
lot or parcel within the District are those lines and dimensions shown on the maps of the County
Assessor, at the time this report was prepared, and are incorporated by reference herein and made
part of this report.
PROPOSED BOUNDARY OF SHEET 1 OF 1
CITY OF RANCHO CUCAMONGA
WEST-SIDE NEIGHBORHOOD PARKS AND STREET LIGHTING
COMMUNITY FACILITIES DISTRICT NO. 1
Cm OF RAHCMo CUCAMONGA
COUNTY OF SIM!BEFVVJ W
STATE OF CALIFORNIA
HILLSIDE RD
Y
/FILEDINTHE OFFICE OF THE CITY CLRK THE CITY OF RANCHO CUCAMONGA
111111' 7 DAV OF ,2016
CIT CUE
RX
CRI'of RANCHO BERNARDINO.
18TH of COUNTY of SAN BERNARDSO.CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED
BASE LINE "ADMIRES OF THE CRY OF RANCHO CUCAMONGA WEST491DE
NEIGHBORHOOD PN= AHD STREET LIGHTING COMMWTV FACM1ITIES
DISTRICT NO.1.CRY OF RANCHO CUCAMOHGq COUNTY OF SAN BERNARDINO.
STATE OF CA.IFORSNN WAS APPROVED BY THE CRY COUNCIL OF THE Cm OF
p/AUN,N,��H1�p CUCMONGA,ATAIEETING THEREOF,HELD ON THE DAV OF
1018, By RB RESOLUTION NO. 1-5
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FOOTHILL BLVD CR1'CLERK y
Cm OF RANCID CUCAMONGA
COUNTY OF SAN BERNARDINO.CALIFORNIA
ARROW RT
a"ST THISMAP BEEN FILED UNDER DOCUMENT NUMBER
THIS U^". DAY OF fL 10yZ AT �I B M IN
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REOUEBT OF
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LEGEND 4,000 0 1,000 8,000 12,000
PROPOSED CFD BOUNDARY
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APPENDIX B - ANENDEO RATE AND METHOD OF
APPORTIONMENT
The following pages provide a copy of the District's amended Rate and Method of Apportionment.
EXHIBIT "A"
AMENDED RATE AND METHOD OF APPORTIONMENT
FOR THE WEST-SIDE NEIGHBORHOOD PARKS AND STREET LIGHTING
COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CITY OF RANCHO CUCAMONGA
A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable Property
within the West-Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 of the
City of Rancho Cucamonga("West-Side CFD")and collected each Fiscal Year commencing with Fiscal
Year 2016-2017 in an amount determined by the City Council through the application of this amended
Rate and Method of Apportionment as described below. All of the real property in West-Side CFD,
unless exempted by law or by the provisions hereof, shall be taxed for the purposes of, to the extent
and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
"Acreage" or "Acre" means that acreage shown on the Assessor's Parcel Map or in the
Assessor's Data for each Assessor's Parcel. In the event that the Assessor's Parcel Map or
Assessor's Data shows no acreage, the Acreage for any Assessor's Parcel shall be determined
by the CFD Administrator based upon the applicable condominium plan, final map, parcel map
or GIS records.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5,
Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or reasonably estimated costs directly related to
the administration of West-Side CFD including, but not limited to, the following: the costs of
computing the Special Tax and preparing the annual Special Tax collection schedules (whether
by the City, the CFD Administrator, or both); the costs of collecting the Special Taxes (whether
by the County, the City, or otherwise); the costs to the City, West-Side CFD, or any designee
thereof of complying with disclosure requirements; the costs associated with preparing Special
Tax disclosure statements and responding to public inquiries regarding the Special Taxes; and
the costs of the City, West-Side CFD, or any designee thereof related to any appeal of the levy
or application of the Special Tax. Administrative Expenses shall also include amounts estimated
or advanced by the City or West-Side CFD for any other administrative purposes, including, but
not limited to, attorney's fees.
"Assessor's Data" means Acreage or other Assessor's Parcel information contained in the
records of the County Assessor.
"Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by an Assessor's Parcel number.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the Special
Taxes.
"City" means the City of Rancho Cucamonga.
"City Council" means the City Council of the City, acting as the legislative body of West-Side
CFD.
"County" means the County of San Bernardino.
"Developed Property" means for each Fiscal Year, all Taxable Property, for which a building
permit was issued prior to the March 1 preceding the Fiscal Year for which the Special Tax is
being levied.
"Exempt Property"means all Assessors'Parcels that are exempt from the Special Tax pursuant
to Section E.
"Facilities" means parks,trails, landscaped areas, medians and park 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.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Eligible Senior" means a Senior Citizen who is a property owner of any Residential Property,
excluding Senior Housing Property, and who has been determined by the City to qualify under
procedures to be established by the City, as may later be amended, to determine whether
Residential Property may be classified as Eligible Senior Residential Property or Eligible Senior
Residential Property—After Sale.
"Eligible Senior Residential Property" means all Assessor's Parcels of Residential Property,
excluding Senior Housing Property or Senior Housing Property—After Sale, owned by an Eligible
Senior. For properties containing more than one Residential Unit, only a maximum of one
Residential Unit may be classified as an Eligible Senior Unit. All remaining Residential Units
shall be classified and taxed as Residential Property.
"Eligible Senior Residential Property — After Sale" means all Assessor's Parcels of
Residential Property — After Sale, excluding Senior Housing Property and Senior Housing
Property — After Sale, owned by an Eligible Senior. For properties containing more than one
Residential Unit, only a maximum of one Residential Unit may be classified as an Eligible Senior
Unit. All remaining Residential Units shall be classified and taxed as Residential Property—After
sale.
"Eligible Senior Unit" means for any Residential Unit that can be classified as Eligible Senior
Residential Property or Eligible Senior Residential Property — After Sale and is owned and
occupied by an Eligible Senior.
"Maximum Annual Special Tax" means the maximum annual Special Tax, determined in
accordance with the provisions of Section C, which may be levied in any Fiscal Year on any
Assessor's Parcel of Taxable Property.
"Non-Residential Property" means all Assessor's Parcels of Developed Property that cannot
be classified as Residential Property, Residential Property — After Sale, Eligible Senior
Residential Property, Eligible Senior Residential Property—After Sale, Senior Housing Property,
or Senior Housing Property—After Sale.
"Property Owner Association Property" means any property which is owned or irrevocably
offered for dedication by a homeowners' or property owners' association, including any master
or sub-association.
"Proportionately" means for Taxable Property that the ratio of the Special Tax levy to the
Maximum Annual Special Tax is equal for all Assessors'Parcels of Taxable Property within West-
Side CFD.
"Public Property" means any property which (a) is owned by a public agency, (b) has been
irrevocably offered for dedication to a public agency, or(c) is designated with specific boundaries
and acreage on a final subdivision map as property which will be owned by a public agency. For
purposes of this definition, a public agency includes the federal government, the State of
California, the County, the City, or any other public agency.
"Residential Property" means all Assessor's Parcels of Developed Property for purposes of
constructing one or more Residential Units. Residential Property also includes mobile home
parks and Assessor's Parcels with individual mobile homes.
"Residential Property — After Sale" means Residential Property that was sold or transferred
ownership after January 1, 2017. Transferred ownership excludes Residential Property where
the property owners transferred the property to a trust after January 1, 2017, and where the
property owners are the trustees and owned the property prior to January 1, 2017. Beginning
Fiscal Year 2017/2018, Residential Property—After Sale also includes all Assessor's Parcels of
Developed Property for the purposes of constructing one or more Residential Units that was
previously classified as Undeveloped Property and for which the property has not sold or
transferred ownership. Mobile home transfers shall only be classified Residential Property—After
Sale upon the sale or transfer of ownership after January 1, 2017 of any Assessor Parcel upon
which mobile homes are located. The sale or transfer of individual mobile home units within an
Assessor's Parcel of land shall re-classify such Residential Property as Residential Property —
After Sale.
"Residential Unit" means for Residential Property, an individual single family Residential Unit,
each individual Residential Unit within a duplex, triplex, fourplex, townhome or condominium
structure, each individual apartment Residential Unit, or each individual mobile home or mobile
home space in a mobile home park.
"Senior Citizen" means a person 65 years of age or older,or 55 years of age or older in a Senior
Housing Property.
"Senior Housing Property" means a residential development developed, substantially
rehabilitated, or substantially renovated for occupancy by Senior Citizens that has at least 35
Residential Units, including a mobile home park that has been determined by the City to qualify
under procedures to be established by the City, as may later be amended,to being exclusive for
Senior Citizen occupancy.
"Senior Housing Property — After Sale" means Senior Housing Property that was sold or
transferred ownership after January 1, 2017.
"Services" means labor, material, administration, personnel, equipment and utilities necessary
to maintain the public parks, trails, park and recreation improvements throughout the West-Side
CFD 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 West-Side CFD.
"Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's
Parcel of Taxable Property to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount of Special Tax revenue required in any Fiscal
Year for West-Side CFD to: (i) pay for the costs of construction, operation, maintenance and
servicing of the Facilities and Services; (ii) pay Administrative Expenses; (iii) repay any amounts
advanced by the City as authorized by City Council; (iv) pay any amounts required to establish
or replenish any repair and contingency funds, capital improvement funds, or reserve funds for
West-Side CFD; (v) pay for reasonably anticipated delinquent Special Taxes based on the
delinquency rate for Special Taxes levied in the previous Fiscal Year; and (vi) a credit for funds
available to reduce the annual Special Tax levy, as determined by the CFD Administrator.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of West-Side
CFD that are not exempt from the Special Tax pursuant to law or Section E below.
"Undeveloped Property" means all Assessor's Parcels of Taxable Property that cannot be
classified as Residential Property, Residential Property—After Sale, Eligible Senior Residential
Property, Eligible Senior Residential Property — After Sale, Senior Housing Property, Senior
Housing Property—After Sale, or Non-Residential Property.
"West-Side CFD" means the West-Side Neighborhood Parks and Street Lighting Community
Facilities District No. 1 of the City of Rancho Cucamonga.
B. ASSIGNMENT TO LAND USE CATEGORIES
On, or around, July 1 of each Fiscal Year, the CFD Administrator shall:
1. Determine the valid Assessor's Parcels for the current Fiscal Year for all Taxable Property
within the West-Side CFD. If any Assessor's Parcels are no longer valid from the previous
Fiscal Year, the CFD Administrator shall determine the new Assessor's Parcels that are in
effect for the current Fiscal Year. To the extent an Assessor's Parcel or Assessor's Parcels
are subdivided,consolidated, or otherwise reconfigured,the Special Tax shall be assigned
to the new Assessor's Parcels pursuant to Section C.
2. Each Assessor's Parcel of Taxable Property shall further be classified as Residential
Property, Residential Property — After Sale, Eligible Senior Residential Property, Eligible
Senior Residential Property — After Sale, Senior Housing Property, Senior Housing
Property — After Sale, Non Residential Property, or Undeveloped Property. Taxable
Property shall be subject to the levy of annual Special Taxes determined pursuant to
Sections C and D below.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
The Maximum Annual Special Tax for each Assessor's Parcel of Taxable Property shall be
assigned according to the table below:
2016-2017 Maximum Annual
Taxable Property Land Use Special Tax Amount
Residential Property $89.00 per Residential Unit
Residential Property—After Sale $178.00 per Residential Unit
Eligible Senior Residential Property $44.50 per Eligible Senior Unit
Eligible Senior Residential Property—After Sale $89.00 per Eligible Senior Unit
Senior Housing Property $44.50 per Residential Unit
Senior Housing Property—After Sale $89.00 per Residential Unit
Non-Residential Property $712.00 per Acre or portion thereof
Undeveloped Property $40.00 per Acre or portion thereof
On July 1 of each Fiscal Year, commencing on July 1, 2017, the Maximum Annual Special Tax
rates set forth in the table above shall be increased by an amount equal to two percent (2%) of
the Maximum Annual Special Tax amount in effect for the previous Fiscal Year until the earlier
of a) the date that the City Council determines the special taxes will no longer be used to finance
the acquisition and/or construction of Facilities, or b) June 30, 2036; at which point the then
Maximum Annual Special Tax amount shall be increased by an amount equal to three percent
(3%) beginning the following fiscal year. The annual Special Tax levied may be less than the
Maximum Annual Special Tax,based on the current year Special Tax Requirement and approved
by City Council.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2016-2017 and for each subsequent Fiscal Year, the CFD
Administrator shall determine the Special Tax Requirement and shall levy the Special Tax on
each Assessor's Parcel of Taxable Property until the total amount of Special Taxes equals the
Special Tax Requirement.
The Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Property
at a rate up to 100% of the applicable Maximum Annual Special Tax to satisfy the Special Tax
Requirement.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Residential Property, Residential Property — After Sale, Eligible Senior
Residential Property, Eligible Senior Residential Property—After Sale, Senior Housing Property,
or Senior Housing Property — After Sale be increased by more than ten percent (10%) above
what the Assessor's Parcel of Residential Property, Residential Property — After Sale, Eligible
Senior Residential Property, Eligible Senior Residential Property — After Sale, Senior Housing
Property, or Senior Housing Property — After Sale would have been levied had there been no
delinquencies.
E. EXEMPTIONS
The CFD Administrator shall classify the following as Exempt Property: Public Property, Property
Owner Association Property, Assessor's Parcels with public or utility easements making
impractical their utilization for any use other than the purposes set forth in the easement,and any
other parcel that is normally exempt from the levy of general ad valorem property taxes under
California law, including, but not limited to, streets, schools, parks, churches, drainage ways,
landscaping, green belts, and open space.
If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is
no longer classified as one of the uses set forth above that would make such Assessor's Parcel
eligible to be classified as Exempt Property, such Assessor's Parcel shall cease to be classified
as Exempt Property and shall be deemed to be Taxable Property.
F REVIEW/APPEAL COMMITTEE
Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's
Parcel is in error shall first consult with the CFD Administrator regarding such error. If following
such consultation, the CFD Administrator determines that an error has occurred, the CFD
Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If
following such consultation and action (if any by the CFD Administrator), the landowner or
resident believes such error still exists, such person may file a written notice with the City
appealing the amount of the Special Tax levied on such Assessor's Parcel. The City may
establish such procedures, as it deems necessary to undertake the review of any such appeal.
The City shall interpret this amended Rate and Method of Apportionment and make
determinations relative to the annual administration of the Special Tax and any landowner or
resident appeals, as herein specified. The decision of the City shall be final and binding as to all
persons.
G. MANNER OF COLLECTION
The annual Special Tax shall be collected in the same manner and at the same time as ordinary
ad valorem property taxes; provided, however, that West-Side CFD, may directly bill the Special
Tax, and may collect Special Taxes at a different time or in a different manner as necessary to
meet its financial obligations.
H. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.
I TERM OF SPECIAL TAX
The Special Tax shall be levied, commencing in Fiscal Year 2016-2017, as long as necessary to
satisfy the Special Tax Requirement provided, however Special Taxes will not be used to finance
the acquisition of facilities after Fiscal Year 2035/36.
J. APPROPRIATIONS LIMIT
Upon approval of the voters of the West-Side CFD, the West-Side CFD shall be subject to an
appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California
Constitution in the amount of $14,500,000 in accordance with Section 8 of Article XIIIB of the
California Constitution.
APPENDIX C - RESOL UT/ONADOPT/NG SOUNDARY/L1AP
The following pages provide a copy of the Resolution Adopting Boundary Map as approved by the City
Council on April 1, 2015.
RESOLUTION NO. 15-047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING A BOUNDARY MAP SHOWING
THE BOUNDARIES OF THE TERRITORY PROPOSED FOR INCLUSION IN
PROPOSED WEST-SIDE NEIGHBORHOOD PARKS AND STREET LIGHTING
COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CITY OF RANCHO
CUCAMONGA
WHEREAS, the City Council of the City of Rancho Cucamonga, California (the "City
Council') 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 "Acl'); and
WHEREAS, such community facilities district shall hereinafter be designated as West-
Side Neighborhood Parks and Street Lighting Community Facilities District No. 1 of the City of
Rancho Cucamonga (the "District"); and
WHEREAS, there has been submitted a map showing the boundaries of the territory
proposed to be included in the District including properties and parcels of land proposed to be
subject to the levy of special taxes by the District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga, California, as follows:
Section 1. The above recitals are all true and correct.
Section 2. The 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' (the "Boundary Map")
showing the boundaries of the territory proposed for inclusion in the District upon the initial
establishment of the District, including properties and parcels of land proposed to be subject to
the levy of special taxes by the District, is hereby approved and adopted.
Section 3. A certificate shall be endorsed on the original and on at least one (1) copy of
the Boundary Map, evidencing the date and adoption of this Resolution, and within fifteen (15)
days after the adoption of the Resolution fixing the time and place of the hearing on the
establishment or extent of the District, a copy of such map shall be filed with the correct and
proper endorsements thereon with the County Recorder, all in the manner and form provided for
in Sections 3110 and 3111 of the Streets and Highways Code of the State of California.
Section 4. This resolution shall become effective upon its adoption.
RESOLUTION NO. 15-047 - Page 1 of 3
PASSED, APPROVED, AND ADOPTED this it day of April 2015.
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Apwz�— '
L. n is ichael, Mayor
ATTEST:
1dA W—A-L Wue� _
r5 —Janice C. Reynolds, City Clerk
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 11 day
of April 2015.
Executed this 2nd day of April 2015, at Rancho Cucamonga, California.
)AA u, �
f-'prJaar i'ce C. Reynolds, City Clerk
RESOLUTION NO. 15-047 - Page 2 of 3
PROPOSED BOUNDARY OF SHEET 1 OF I
CITY OF RANCHO CUCAMONGA
i WEST-SIDE NEIGHBORHOOD PARKS AND STREET LIGHTING
COMMUNITY FACILITIES DISTRICT NO. 1
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
I
I
HILLSIDE RO
I m
F)i I j I `I p ' I ;T7�, FILEO IN THE OFFICE OF THE CITY CLERK OF THE CITY OF RANCHO CUCAMONGA
Oi L` DAYOF 2016
C. LERK
0. F RANCHO CUCAMONGA
Q 19TH ST TY OF SAN BERNARDINO,CALIFORNIA
Z I EBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED
O045E LINER DARIES OF THE CITY OF RANCHO CUCAMONGA WESTSIDEHORNOOD PARKS AND STREET LIGHTING COMMUNITY FACILITIES
. ' I I DISTRICT NO.1,CITY OF RANCHO CUCAMONGA,COUNTY W SAN BERNARDINO.
ul STATE OF CALIFORNIA,WAS APPROVED BY THE Cltt COUNCIL OF THE CITY OF
6I1 — I RANCHO CUCAMONGA,AT A MEETING THEREOF,HELD ON THE BAY Of
? 1015, BY ITS RESOLUTION NO.
VI I
I
FOOTHILL BLVO CITY CLERK
I I � CITY DF RANCHO CUCAMONGA
b
COUNTY OF SAN BERNARDINO.CALIFORNIA
ARROW RT
co THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER _
0 i 9TH ST THIS DAY OF _, 20_, AT M, IN
BOOK OF AT PAGE .AT THE
Tv I -- / REOUEST OF
a
IN THEAMOUNTOFI
6TH ST I N
I ul BOB DUTTON.A53ESSOR-RECORDER•COUNTY CLERK
COUNTY OF SAN BERNARDINO.CALIFORNIA
4TH ST
¢Z¢ < Wa a
•l < DIMENSIONS OF ASSESSOR PARCELS.
O rt x z REFERENCE 9M DE TO THE MAPS OPAR11CULARS OF THE F IHS ASSE ASSESSOR,COUNTY OF SAN BERNARDINO.STATE
1 0 Z OF CALIFORNIA.
1 Z
LEGEND tu 4,000 0 4,000 8,000 12.000 r�
PROPOSED CFD BOUNDARY FBBI
APPENDIX D - RESOLUTION OF INTENTION
The following pages provide a copy of the Resolution of Intention as approved by the City Council on
May 20, 2015.
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 Stale 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, 13E 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. t 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. t 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 IST 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 ft 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 X11113 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 20" day of May 2015.
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
L. tennis Michael, yor
ATTEST:
t#ce C. Reynolds, CitV Clerk
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 200,day of May 2015.
Executed this 21" day of May 2015, at Rancho Cucamonga, California.
n
yi
e�j
JaI�ce C. Reynolds, City Gfirk
RESOLUTION NO. 15-079 - Page 5 of 5