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HomeMy WebLinkAbout90-020 - ResolutionsRESOLUTION NO. FD 90-020 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protec- tion District (hereinafter referred to as the "legislative body of the local Agency"), at this time is desirous to annex territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 88-1 (hereinafter referred to as the "District"); and WHEREAS, the area proposed to be annexed shall be known and desig- nated as COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION I (hereinafter referred to as the "annexed territory"); and WHEREAS, this legislative body is now desirous to proceed to adopt its Resolution of Intention to annex territory to the existing District, to descri be the terri tory i ncl uded wi thin the exi sting Di strict and the terri tory proposed for annexation, to specify the facilities to be provided, to set and specify the special taxes that would be levied within the territory proposed to be annexed, and to set a time and place for a public hearing relating to the annexation of territory to said District; and WHEREAS, a map showing the territory to be annexed has been submitt- ed, which said map is hereby approved and a copy of said map shall be kept on file with the transcript of these proceedings. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1: That the above recital s are all true and correct. SECTION 2: That these proceedings for annexation are initiated by this legislative body pursuant to the authorization of Section 53339.2 of the Government Code of the State of California. SECTION 3: That this legislative body hereby determines that the public convenience and necessity requires that certain territory be added to the exi sting Di strict and this I egi sl ati ve body decl ares its i ntenti on to annex said territory to the existing Community Facilities District, and a description of the boundaries and territory proposed to be annexed is as fol 1 ows: Resol uti on No. FD 90-020 Page 2 All that property and territory proposed to be annexed to the exist- ing Community Facilities District, as said property is shown on a map as previously approved by this legislative body, said map designated by the number of the annexation and the name of the existing Community Facilities District, a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. A general description of the territory included in the existing District is hereinafter described as follows: All that property and territory as previously included within the original Community Facilities District, as said property was shown on a map as approved by this legislative body designated by the name of the original existing Community Facilities District, a copy of which is on file in the Office of the Secretary, as well as a copy being on file in the Office of the County Recorder. SECTION 4: The name of the proposed annexation shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION NO. 1. SECTION 5: That the types of public facilities and services provided in the existing District are generally described as set forth below, and no additional facilities or services are to be provided in the annexed territory and the existing facilities for the existing District will serve the proper- ties within the annexed territory. A general description of the facilities and services authorized in the existing District is set forth as follows: FACILITIES: The construction of a fire station, together with appur- tenances and appurtenant work, including acquisition where necessary. SERVICES: Fire protection and suppression services (including emer- gency medical service and such other services as the Rancho Cucamonga Fire Protection District may be authorized by law to provide) which are in addition to the extent to which said services are currently provided to the terri tory wi thin the proposed Di strict. SECTION 6: It is the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to pay for said facilities to be provided in the annexed territory, secured by recordation of a continuing lien against all nonexempt real property in the annexed terri- tory, will be levied annually within the boundaries of the annexed territory. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "A", which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the annexed territory to clearly estimate the maximum amount that said person will have to pay on said special tax. Resol uti on No. FD 90-020 Page 3 The proposed special taxes shall be collected in the same manner as ad valorera property taxes and shall be subject to the same penalties, proce- dure, sale and lien priority in any case of delinquency as applicable for ad valorera taxes; however, as applicable, this legislative body may establish and adopt an alternate or supplemental procedure as necessary. SECTION 7: This 1 e9i sl ati ve body hereby determines that parcel s owned by regulated public utilities and in use in the providing of telephone service, water, electricity, gas or other means of heat, illumination, power or any other public service, shall be exempt from the special tax. SECTION 8: NOTICE IS GIVEN THAT ON THE 5TH DAY OF SEPTEMBER, 1990, AT THE HOUR OF 7:00 O' CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLA- TIVE BODY, BEING THE CIVIC CENTER BUILDING, CITY HALL, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE ANNEXATION OF CERTAIN TERRITORY TO THE EXISTING COMMUNITY FACILITIES DISTRICT, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN SAID PROPOSED ANNEXED TERRITORY, AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. THAT AT THE ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING, ANY PERSONS INTERESTED, INCLUDING TAXPAYERS, PROPERTY OWNERS AND REGISTERED VOTERS, MAY APPEAR AND BE HEARD, AND THAT THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF TERRITORY TO THE EXISTING DISTRICT AND THE FURNISHING OF THE FACILITIES, 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 IRREGULARI- TIES AND DEFECTS TO WHICH THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE SECRETARY OF THE LEGISLATIVE BODY 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. SECTION 9: That notice of the time and place of the public hearing shall be given by the Secretary in the following manner: A. A Notice of Public Hearing shall be published in the legally designated newspaper of general circulation, being the Inland Valley Daily Bulletin, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. B. A Notice of Public Hearing shall be mailed, postage prepaid, to each property owner within the boundaries of the area proposed for annexation; said mailing to the property owners shall be to the address as shown on the last equalized assessment roll. Said mailing shall be completed at least fifteen (15) days prior to the date set for the public hearing. Resol uti on No. FD 90-020 Page 4 SECTION 10: All environmental evaluation proceedings relating to the annexation of territory to the existing District shall be completed prior to the date and time set for the public hearing. PASSED, APPROVED, and ADOPTED this 1st day of August, 1990. Alexander, Brown, Buquet, Stout, Wright AYES: NOES: None ABSENT: None ATTEST: I, DEBRA J. ADAMS, SECRETARY of the Rancho Cucamonga Fire Protection District do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the 1st day of August, 1990. Executed this 2nd day of August, 1990 at Rancho Cucamonga, Cal i forni a. Debra J. Resol uti on No. FD 90-020 Page 5 RANCHO CUCAMONGA FIRE pROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 88-1 EXHIBIT "A" The Resolution of Intention refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Tax so as to allow each landowner or resident within the proposed Community Facilities District to estimate the maximum annual amount that would be required for payment for such landowner's or resident's property. PROPERTY CATEGORIES There are three categories of property subject to special taxation, which are identified as follows: 1. DEVELOPED PROPERTY All property identified as a single Tax Assessor's parcel for which property a building permit has been issued as of May 31 of any year. 2. APPROVED PROPERTY All property which of as May 31 of any year is subject to an approved Development Agreement with either the City of Rancho Cucamonga or the County of San Bernardino, an approved Annexation Agreement with the City of Rancho Cucamonga, or a recorded Final Subdivision Map or Final Parcel Map, but for which no building permit has been issued. 3. VACANT PROPERTY All other property, excluding property which, as of the date of the election to authorize the levy of the Special Tax, is: (i) owned by a public entity; (ii) owned by a regulated public utility and being utilized for transmission or distribution purposes; or (iii) zoned as open space. TAXING CLASSIFICATIONS AND MAXIMUM SPECIAL TAX RATES The taxing classifications for the above Property Categories and the maximum autho- rized Special Tax rates for fiscal year 1988-1989 are as follows: TAXING CLASSIFICATION MAXIMUM TAX RATE 1. DEVELOPED PROPERTY Residential Class I (More than 3,590 square feet of dwelling unit living area) * $ 292 per year Resol uti on No. FD 90-020 Page 6 TAXING CLASSIFICATION MAXIMUM TAX RATE Residential Class II (3,077-3,589 square feet of dwelling unit living area) * Residential Class III (2,564-3,076 square feet of dwelling unit living area) * Residential Class IV (2,308-2,563 square feet of dwelling unit living area) * Residential Class V (2,051-2,307 square feet of dwelling unit living area) * Residential Class VI (1,795-2,050 square feet of dwelling unit living area) * Residential Class VII (Less than 1,795 square feet of dwelling unit living area) * H. Commercial or industrial property 2. APPROVED PROPERTY All Approved Property 3. VACANT PROPERTY All Vacant Property $ 225 per year $ 180 per year $ 157 per year $ 135 per year $ 124 per year $ 112 per year $ 449 per acre per year, or $0.04 per square foot of build- ing area, whichever is greater, per year ** $200 per lot or parcel per year $10 per acre per year *** *** The square footage of dwelling unit living area shall mean the square footage of internal living space, exclusive of garages and other structures not used as living space, as shown on the building permit(s) issued for the dwelling unit. The square footage of a commercial or industrial building area shall mean the gross square footage for the building as reflected in the building plans upon which any building permits for the building were issued. The acreage of a Vacant Property shall be the gross acreage exclusive of any acreage dedicated or offered for dedication to a public agency. Resol uti on No. FD 90-020 Page 7 ESCALATION OF MAXIMUM SPECIAL TAX RATES The maximum annual Special Tax rates applicable to all Developed Property shall be subject to escalation each July 1 commencing July 1, 1989, by the change factor calculated annually by the State of California Department of Finance for the purpose of increasing appropriations limits of State and local governments. In the event that the Department of Finance or its successor ceases to calculate the annual change factor, such Special Tax rates shall be subject to annual escalation not to exceed the increase in the Consumer Price Index as published by the Bureau of Labor Statistics for the Los Angeles Primary Metropolitan Statistical Area for the preced- ing twelve (12} month reporting period. The maximum Special Tax rates applicable to all Approved Property and Vacant Property shall not be subject to escalation. METHOD OF ApPORTIONMENT OF SPECIAL TAX The Special Tax shall be levied annually on all taxable property within one of the above identified Property Categories so long as Special Tax revenues are necessary to pay authorized expenses of the Community Facilities District, which may include, without limitation, payment of debt service on any bonded indebtedness of the Commu- nity Facilities District; replenishment of any required reserve fund for any such bonded indebtedness; funding of any required sinking fund necessary to pay for future public improvements, services or debt service; direct payment for public improvements; or payment of the operational and maintenance expenses of providing fire suppression and protection services to properties within the Community Facili- ties District. The annual levy of the Special Taxes shall be apportioned as follows: STEP 1: Fifty percent (50%) of the estimated ad valorem property tax revenue to be collected from properties within the Community Facilities District in the subject fiscal year which are allocable to the Foothill Fire protection District shall be allocated to pay the estimated expenses of the Community Facilities District for the subject fiscal year. The remainder of the estimated expenses shall be referred to as the Net CFD Expenses. STEP 2: That equal percentage of the maximum authorized Special Tax rate applic- able to all Developed Property Taxing Classifications necessary to generate Special Tax revenues equal to the Net CFD Expenses shall be levied on all Developed Property. STEP 3: If additional Special Tax revenues are still necessary to generate the Net CFD Expenses, that percentage of the maximum authorized Special Tax rate applicable to all Approved Property necessary to generate the additional Special Tax revenues to equal Net CFD Expenses shall be levied on Approved Property. STEP 4: If additional Special Tax revenues are still necessary to generate the Net CFD Expenses, that percentage of all the maximum authorized Special Tax rate applicable to all Vacant Property necessary to generate the addi- tional Special Tax revenues to equal Net CFD Expenses shall be levied on all Vacant Property. Resol uti on No. FD 90-020 Page 8 STEP 5: If additional Special Tax revenues are still necessary to generate the Net CFD Expenses, the Community Facilities District shall: Compare (i) the Special Tax rate which would be levied on each Developed Property pursuant to STEP 2 above with (ii) the product resulting from multiplying the square footage of the Developed Property times the Base Maximum Special Tax. The Base Maximum Special Tax means an amount equal to $0.0025 per square foot subject to escalation at the same rate and at the same time applicable to the maximum Special Tax rates for Developed Property. If the product described in (ii) above exceeds the Special Tax rate described in (i) above for any Developed Property, the Community Facilities District shall increase the Special Tax rate levied on each such Developed Property in equal percentages up to the rate not to exceed the product described in (ii) above necessary to generate the additional Special Tax revenues to equal Net CFD Expenses. Notwithstanding the foregoing, the minimum Special Tax which shall be levied on all taxable properties within the Community Facii~ties District each Fiscal Year shall be: DEVELOPED PROPERTY: $ 1.00 per dwelling unit for residential uses $ 1.00 per acre for commercial/industrial uses APPROVED PROPERTY: $ 1.00 per lot or parcel VACANT PROPERTY: $ 1.00 per acre The ad valorem property tax contribution identified in Step 1 shall be reduced in any Fiscal Year by the amount by which the sum of such contribution and the minimum Special Taxes would exceed the estimated expenses of the Community Facilities District for such Fiscal Year. The "Report" of the Special Tax Consultant, to be approved as a part of the record upon the conclusion of the public hearing pertaining to the formation of the Community Facilities District, shall set forth supplementary details pertaining to the Rate and Method of Apportionment of the Special Tax and shall provide controlling guidance in the interpretation and implementation of this Rate and Method of Apportionment.