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HomeMy WebLinkAboutFD 2022-030 - Resolution RESOLUTION NO. FD2022-030 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT. NO. 88-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 88-22-1)TO COMMUNITY FACILITIES DISTRICT NO. 88-1 WHEREAS, the Board Of Directors of the Rancho Cucamonga Fire Protection District, California, ("Board of Directors"), formed a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). The Community Facilities District has been designated as Community Facilities District No. 88-1 (the "District"); and, WHEREAS, the Board of Directors desires to initiate proceedings to consider the annexation of certain real property to the District(the "Territory"); and WHEREAS, a map entitled "Annexation Map No. 88-22-1 to Community Facilities District No. 88-1 Rancho Cucamonga Fire Protection District, County of San Bernardino,State of California"(the"Annexation Map")showing the Territory proposed to be annexed to the District has been submitted, the map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings;and WHEREAS, the Board of Directors now desires to proceed to adopt the Resolution of Intention to annex the Territory to the District, to describe the territory included within the 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 the Board of Directors, 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 name ofthe District, reference is made to the attached and incorporated Exhibit"A"(the"Annexation Map").Copies of such maps Resolution No. FD 2022-030 Page 1 of 12 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 Financed 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 19TH DAY OF OCTOBER 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 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 Resolution No. FD 2022-030 Page 2 of 12 ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY 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 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 written majority protest against the proposed annexation of the Territory to the District is filed, 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 2022-030 Page 3 of 12 • • PASSED, APPROVED AND ADOPTED this 6th day of September, 2022. L. Dennis Michael, residi t ATTEST: G aCIA ice C. Reynolds, Cler 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 Special Meeting of said Board held on the 6th day of September 2022. AYES: Hutchison, Kennedy, Michael and Scott NOES: None ABSENT: None ABSTAINED: None Executed this 7th day of September, 2022, at Rancho Cucamonga, California. )44-14)—nice C. Reynolds, C rk Resolution No. FD 2022-030 Page 4 of 12 SHEET 1 OF 1 ANNEXATION MAP 88-22-1 OF COMMUNITY FACILITIES DISTRICT NO 88-1 OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT -----_'j j t LEGAL DESCRIPTION COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA f ASSESSOR PARCEL NUMBER:0201-043-56 -I PARCEL MAP 15821 PARCEL I BOOK 211 PAGE 90 EX CO RIDS — ', --I--=-1 0 VICINITY MAP O ROT,BONE CD JASO NOTE-THIS ANNEXATION MAP SHALL GOVERN FOR ALL DETAILS AS TO THE EXTEND OF THE (n WO �T • - • TERRITORY ANNEXED TO THE ABOVE REFERENCED COMMUNITY FACILITIES DISTRICT 0WV 6/10111FIER _ C C Z RANCHO CUCAMONGA FIRE PROTECTION DISTRICT CERTIFICATION OFILFIRE PROTECTION STRICT-CAUFORNUI THIS IN THE OFFICE OF THE SECRETARY OF THE RAN AYO CUCAMON Z GA DT 2022. O JANICE C.REYNOLDS,SECRETARY Z T RANCHO CUCAMONGAFIRE PROTECTION DISTRICT STATE OF CALIFORNIA Z m m >< / I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING BOUNDARIES OF X r = NA TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES > = IT1 O SNOW DROP RD ------ DISTRICT NO.SB-I OF THE RANCHO CUC AMONGA FIRE PROTECTION W Ni DISTRICT,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,WAS ON 0 N �� DSTRIC AT A REGULAR MEETING THEREOF HELD ON D OF DIRECTORS OF SUCHRTHE E ROTECTIDDAY OOF 2022,BY ITS RESOLUTION NO. .THIS Z Q > CO ANNEXATION MAP AMENDS THE BOUNDARY MAP FOR COMMUNITY O PROTECTIONFACILITIES DISTRICT DISTRICT, 88-1 OF THE RANCHO CUCAMONGA OF SAN BERNARDINO TATE OF —1 lO CALIFORNIA,PRIOR RECORDED ON JANUARY 3.1989 AT BOOK 53 OF ASSESSOR I (� MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS,AT 13 N D PARCEL PAGE.1-13 IN THE OFFICE OF THE COUNTY RECORDER FOR THE /� COUNTY OF SAN BERNARDINO,CALIFORNIA. `, Cl) NUMBER -I (J1 0201-043-56 Z O CRETARY RANCHO CUCAMONGA FIRE PROTECTION DISTRICT STATE OF CALIFORNIA O • N CO < GO Z SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE I Vg THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER = THIS DAY OF 2022,AT M.IN BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE AT THE REQUEST OF IN THE AMOUNT A OF S - BOB DUTTON ASSESSOR-RECORDER-CLERK r COUNTY OF SAN BERNARDINO ' Mies BY_ DD75 a^r.= 0 6073 DEPUTY RECORDER