HomeMy WebLinkAboutFD 2022-007 - Resolution RESOLUTION NO. FD 2022-007
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO
AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION
NO. 22-1) TO COMMUNITY FACILITIES DISTRICT NO. 85-1
WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District, California,
("Board of Directors"), formed a Community Facilities District pursuant to the terms and provisions of the
"Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the
Government Code of the State of California (the "Act"). The Community Facilities District has been
designated as Community Facilities District No. 85-1 (the "District"); and,
WHEREAS, the Board of Directors desires to initiate proceedings to consider the annexation of
certain real property to the District(the "Territory"); and
WHEREAS, a map entitled "Annexation Map No. 22-1 to Community Facilities District No. 85-1
Rancho Cucamonga Fire Protection District, County of San Bernardino, State of California" (the
"Annexation Map")showing the Territory proposed to be annexed to the District has been submitted,which
map has been previously approved and a copy of the map shall be kept on file with the transcript of these
proceedings; and
WHEREAS, this Board of Directors now desires to proceed to adopt its Resolution of Intention to
annex the Territory to District, to describe the territory included within District and the Territory proposed
to be annexed thereto, to specify the facilities and services to be financed from the proceeds of the levy of
special taxes within the Territory, to set and specify the special taxes that would be levied within the
Territory to finance such facilities and services, and to set a time and place for a public hearing relating to
the annexation of the Territory to the District.
NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District
does hereby resolve as follows:
1. Recitals. The above recitals are all true and correct.
2. Legal Authority. These proceedings for annexation are initiated by this Board of Directors
pursuant to the authorization of the Act.
3. Intention to Annex; Description of the Territory and the District. The Board of Directors
hereby determines that the public convenience and necessity requires that the Territory be added to the
District and this Board of Directors declares its intention to annex the Territory to the District.
A description of the Territory is as follows:
All that property within the Territory proposed to be annexed to the District, as such property is
shown on the Annexation Map as previously approved by this legislative body, a copy of which is on file in
the Office of the Secretary and shall remain open for public inspection.
A general description of the territory included in the District is hereinafter described as follows:
All that property and territory as originally included within the District and as subsequently annexed
to the District, as such properties were shown on original maps of the District and the territories
subsequently annexed to the District, all as approved by this Board of Directors and designated by the
Resolution No. FD 2022-007 Page 1 of 11
name of the District, reference is made to the attached and incorporated Exhibit"A"(the"Annexation Map").
Copies of such maps are on file in the Office of the Secretary and have also been filed in the Office of the
County Recorder.
4. Services and Facilities Authorized to be Finance by the District. The services that are
authorized to be financed by the District from the proceeds of special taxes levied within the existing District
are generally described in Exhibit "B" (the "Services and Facilities") attached hereto and incorporated
herein by this reference and all costs associated the District, administration of..the District, the
determination of the amount of special taxes to be levied, the costs of collection any special taxes, and
costs otherwise incurred in order to carry out the authorized purposes:of the-District. If and to the extent
feasible the Services and Facilities shall be provided in common within the existing District and the
Territory.
5. Special Taxes. It is the further intention of this Board of Directors body that, except where
funds are otherwise available, a special tax sufficient to pay for the Services and Facilities and related
incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-
exempt real property in the Territory, will be levied annually within the boundaries of such:Territory. For
further particulars as to the rate and method of apportionment of the proposed special tax, reference is
made to Exhibit"C" (the "Special Tax Formula"), which is attached hereto and incorporated herein by this
reference and which sets forth in sufficient detail the method of apportionment of such special tax to allow
each landowner or resident within the proposed Territory to clearly estimate the maximum amount that
such person will have to pay.
The special tax proposed to be levied within the Territory shall be equal to the special tax levied to
pay for the Services and Facilities in the existing District, except that a higher or lower special tax may be
levied within the Territory to the extent that the actual cost of providing the Services and Facilities in the
Territory is higher or lower than the cost of providing those Services and Facilities in the existing District.
Notwithstanding the foregoing,the special tax may not be levied at a rate which is higher than the maximum
special tax authorized to be levied pursuant to the special tax formula.
The special taxes herein authorized shall be collected in the same manner as ad valorem property
taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of
delinquency, as applicable for ad valorem taxes; however, as applicable, this legislative body may, by
resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes
that may not be collected on the County tax roll shall be collected through a direct billing procedure by the
Rancho Cucamonga Fire Protection District, acting for and on behalf of the District.
Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and
Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall
attach to all non-exempt real property in the Territory and this lien shall continue in force and effect until
the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with
law or until collection of the tax by the legislative body ceases.
The maximum special tax rate authorized to be levied within the District shall not be increased as
a result of the annexation of the Territory to the District.
6. Public Hearing. NOTICE IS GIVEN THAT ON THE 18TH DAY OF MAY 2022, AT THE
HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE BOARD OF DIRECTORS,
BEING THE COUNCIL CHAMBERS, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA,
CALIFORNIA 91730,A PUBLIC HEARING WILL BE HELD WHERE THIS BOARD OF DIRECTORS WILL
CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT,
THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED
WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF
Resolution No. FD 2022-007 Page 2 of 11
INTENTION. THAT AT THE ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING ANY
PERSONS INTERESTED, INCLUDING TAXPAYERS AND PROPERTY OWNERS, MAY APPEAR AND
BE HEARD, AND THAT THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE
ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY
WILL BE HEARD AND CONSIDERED.
ANY PROTESTS MAY BE MADE ORRALLY OR IN WRITING. HOWEVER, ANY PROTESTS
PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN
WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH
OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK PRIOR
TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT
ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING.
7. Majority Protest. If (a) 50% or more of the registered voters, or six (6) registered voters,
whichever is more, residing within the District, (b)50% or more of the registered voters, or six(6)registered
voters, whichever is more, residing within the Territory, (c) owners of one-half or more of the area of land
in the territory included in the District, or(d) owners of one-half or more of the area of land included in the
Territory, file written protests against the proposed annexation of the Territory to the District and such
protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall
be undertaken for a period of one year from the date of the decision by the Board of Directors on the issues
discussed at the public hearing.
8. Election. If, following the public hearing described in the Section above, the Board of
Directors determines to proceed with the annexation of the Territory to the District, a proposition shall be
submitted to the qualified electors of the Territory. The vote shall be by registered voters within the
Territory; however, if there are less than 12 registered voters, the vote shall be by landowners, with each
landowner having one vote per acre or portion thereof within the Territory.
9. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk
by causing the publication of a Notice of Public Hearing in a legally designated newspaper of general
circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be
completed at least seven (7) days prior to the date set for the public hearing.
A copy of this Resolution shall be transmitted to the City Council of the City of Rancho Cucamonga as
required by the Act.
Resolution No. FD 2022-007 Page 3 of 11
PASSED, APPROVED AND ADOPTED this 6th day of April, 2022.
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ATTEST:
61,(dif(1,( l 4 Phz
Janice C. Reynol , Clerk
I, JANICE C. REYNOLDS , SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby
certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of
the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 6th day of
April 2022.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 7th day of April, 2022, at Rancho Cucamonga, California.
. t - -elk) (QPZ.LiV( Y,Z) -4_
ice C. Reynolds, Clerk
Resolution No. FD 2022-007 Page 4 of 11
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EXHIBIT "B"
COMMUNITY FACILITIES DISTRICT NO. 85-1
DESCRIPTION OF THE SERVICES AND FACILITIES
The Services.
It is the intention of the Board of Directors to finance certain types of fire services (the "Services")that are
in addition to those currently provided in or require for the Territory and are necessary to meet the
increased demand for such fire services resulting from new development within the Territory and will not
be replacing services already available to the Territory. A general description of the Services to be financed
is as follows:
The performance of functions, operations, maintenance, and repair activities in order to
provide fire protection and suppression services to the Territory.
The Facilities.
It is the intension of this Board of Directors to finance the purchase, construction, expansion, improvement,
or rehabilitation of certain types of fire facilities (the "Facilities") that are in addition to those currently
provided to serve the Territory and are necessary to meet the increased demand for such fire services
resulting from new development within the Territory and will not be replacing facilities already available to
serve the Territory. A general description of the types of the Facilities to be financed is as follows:
Fire protection and suppression facilities and equipment, rescue equipment, with a useful
life of five (5) years or more, including collection and accumulation of funds to pay for
anticipated facilities cost shortfalls and reserves for repair and replacement to the extent
that such facilities are necessary to meet the increased demand for such facilities resulting
from new development within the Territory.
Resolution No. FD 2022-007 Page 7 of 11
EXHIBIT "C"
FOOTHILL FIRE PROTECTION DISTRICT
COMMUNITY FACILITIES DISTRICT NO. 85-1
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
The rate and method of apportionment, limitations on and adjustments to the Special Tax
authorized to be levied within Community Facilities District No. 85-1 (the"CFD No. 85-1 Rate and Method")
as originally established for and as applied to the taxable properties within such community facilities district
is as follows:
SPECIAL TAX
COMMUNITY FACILITIES DISTRICT
To pay for fire suppression services and to finance fire suppression facilities, the maximum Special
Tax in the Community Facilities District shall be:
Structures Maximum Annual Special Tax
Residential 1 DU $75.00
Multi-Family 2 DU: 1.75 ($75.00)
3 DU: 2.25 ($75.00)
4 DU: 2.65 ($75.00)
5-14 DU: 2.65 ($75.00) + [0.35 (TU-4) ($75.00)]
15-30 DU: 6.15 ($75.00) + [0.30 (TU-14) ($75.00)]
31-80 DU: 10.65 ($75.00) + [0.25(TU-30) ($75.00)]
81 — up DU: 23.15 ($75.00) + [0.20 (TU-80) ($75.00)]
Commercial ($75.00) per acre + $0.04 per SF
Industrial ($75.00) per acre+ $0.05 per SF
Note: DU = Dwelling Units
TU = Total Units
SF=Square Foot
Resolution No. FD 2022-007 Page 8 of 11
ANNUAL ADJUSTMENT SPECIAL TAX
The maximum Special Tax shall be annually adjusted for(a)changes in cost of living or(b)changes
in cost of living and changes in population as defined in Section 7901 of the Government Code, as
amended, whichever is lesser.
REDUCTION IN SPECIAL TAX
Commercial and industrial structures shall be granted a reduction in the Special Tax for the
installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall
be granted a reduction in Special Tax for each separate floor above or below the main ground floor of the
structure. -
LIMITATIONS ON TAX LEVY
The Special Tax shall only be levied on developed property; provided that the Special Tax shall not
be levied until a "Certification of Occupancy" or "Utility Release" has been issued by the appropriate
governmental agencies.
Developed property is defined to be property:
• Which is not owned by a public or governmental agency
• Which is not vacant
• Where a certificate of occupancy or utility release from the City of Rancho Cucamonga or
the County of San Bernardino has been issued
• Which has an existing building or structure onsite
• Which does not have as its sole use power transmission towers, railroad tracks, and flood
control facilities — these properties are exempt. Areas granted as easements to power
transmission towers, railroad tracks, and flood control facilities shall be subtracted from the
total acreage of the underlying lot and shall be exempt.
The annual levy of the Special Tax shall be based upon an annual determination by the Board of
Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to
meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes,
State of California augmentation, tax increment revenues received from the Redevelopment Agency of the
City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of
Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by
agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget
requirements, the Board of Directors may levy the Special Tax.
Resolution No. FD 2022-007 Page 9 of 11
Application of the CFD No. 85-1 Rate and Method to Annexation No. 22-1
To pay for fire suppression services and to finance fire suppression facilities, the Maximum Special
Tax in Community Facilities District No. 85-1, Annexation No. 22-1 for Fiscal Year 2021-22 shall be:
Structures Maximum Annual Special Tax
Residential 1 DU $185.21
Multi-Family 2 DU: 1.75 ($185.21)
3 DU: 2.25 ($185.21)
4 DU: 2.65 ($185.21)
5-14 DU: 2.65 ($185.21) + [0.35 (TU-4) ($185.21)]
15-30 DU: 6.15 ($185.21) + [0.30 (TU-14) ($185.21)]
31-80 DU: 10.65 ($185.21) + [0.25 (TU-30) ($185.21)]
81 —up DU: 23.15 ($185.21) + [0.20 (TU-80) ($185.21)]
Commercial ($185.21) per acre + $0.096 per SF
Industrial ($185.21) per acre + $0.119 per SF
Note: DU = Dwelling Units
TU = Total Units
SF=Square Foot
ANNUAL ADJUSTMENT
The maximum Special Tax shall be annually adjusted commencing on July 1, 2021, and each July
1st thereafter for(a) changes in the cost of living or(b) changes in cost of living and changes in population
as defined in Section 7901 of the Government Code, as amended, whichever is lesser.
REDUCTION IN SPECIAL TAX
Commercial and industrial structures shall be granted a .01 cent reduction in the Special Tax for
the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures
shall also be granted a .01 cent reduction (not cumulative) in Special Tax for each separate floor above or
below the main ground floor of the structure.
Resolution No. FD 2022-007 Page 10 of 11
LIMITATION ON SPECIAL TAX LEVY
The Special Tax shall only be levied on developed property; provided that the Special Tax shall not
be levied until a "Certification of Occupancy" or "Utility Release" has been issued by the appropriate
governmental agencies.
Developed property is defined to be property:
• Which is not owned by a public or governmental agency
• Which is not vacant
• Where a certificate of occupancy or utility release from the City of Rancho Cucamonga or
the County of San Bernardino has been issued
• Which has an existing building or structure onsite
• Which does not have as its sole use power transmission towers, railroad tracks, and flood
control facilities — these properties are exempt. Areas granted as easements to power
transmission towers, railroad tracks, and flood control facilities shall be subtracted from the
total acreage of the underlying lot and shall be exempt.
The annual levy of the Special Tax shall be based upon an annual determination by the Board of
Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to
meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes,
State of California augmentation, tax increment revenues received from the Redevelopment Agency of the
City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of
Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by
agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget
requirements, the Board of Directors may levy the Special Tax.
For further particulars regarding the rate and method of apportionment of the Special Tax, reference
is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression
Facilities/Services— Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief
of the Rancho Cucamonga Fire Protection District.
Resolution No. FD 2022-007 Page 11 of 11