HomeMy WebLinkAboutFD 2022-032 - Resolution RESOLUTION NO. FD 2022-032
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,
CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE
PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 22-3) TO
AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND
CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF
THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH
TERRITORY
WHEREAS, the Board Of Directors (the "Board of Directors") of the Rancho Cucamonga Fire
Protection District(the"Fire Protection District"), Rancho Cucamonga, California,has previously declared its
intention and held and conducted proceedings relating to the annexation of 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"Act"). The existing Community Facilities District has been designated as
Community Facilities District No. 85-1 (the "District"); and,
WHEREAS, notice of a public hearing relating to the annexation of territory to the District,the extent
of the territory to be annexed (the"Annexation Area"), the furnishing of certain public services and all other
related matters has been given; and,
WHEREAS, it has now been determined that written protests have not been received by 50%or more
of the registered voters residing either within the Annexation Area or the District and/or property owners
representing more than one-half(1/2)or more of the area of land within the Annexed Area or within District;
and,
WHEREAS, inasmuch as there have been less than twelve(12)persons registered to vote within the
Annexation Area for each of the 90 preceding days, this legislative body desires to submit the levy of the
required special tax to the landowners of the Annexation Area, said landowners being the qualified electors
as authorized by law.
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. Determinations. It is determined by this Board of Directors that:
A. all proceedings prior hereto were valid and taken in conformity with the requirements of law,
and specifically the provisions of the Act;
B. less than twelve (12) registered voters have resided within the Annexation Area for each of
the ninety(90)days preceding the close of the public hearing and,consequently,the qualified
electors shall be the landowners of the Annexation Area and each landowner who is the
owner of record as of the close of the public hearing, or the authorized representative thereof,
shall have one vote for each acre or portion of an acre of land that she or he owns within the
Annexation Area;
C. the time limit specified by the Act for conducting an election to submit the levy of the special
taxes to the qualified electors of the Annexation Area and the requirements for impartial
Resolution No. FD 2022-032 - Page 1 of 12
analysis and ballot arguments have been waived with the unanimous consent of the qualified
electors of the Annexation Area;
D. the Secretary, acting as the election official, has consented to conducting any required
election on a date which is less than 125 days following the adoption of this resolution; and
E. the public services proposed to be financed from the proceeds of special taxes to be levied
within the Annexation Area are necessary to meet increased demands placed upon the Fire
Protection District as a result of development and/or rehabilitation occurring in the Annexation
Area.
3. Boundaries of Annexed Area. The boundaries and parcels of land in the Annexation Area and on
which special taxes are proposed to be levied in order to pay the costs and expenses for the public services
described in Section 4 below are generally described as follows:
All that property and territory proposed to be annexed to the District, as said property is
shown on a map as previously approved by this legislative body, said map entitled
"Annexation Map No. 22-3 of Community Facilities District No. 85-1 of the Rancho
Cucamonga Fire Protection District, County of San Bernardino,State of California"reference
is made to the attached and incorporated Exhibit"A"(the "Annexation Map"), and a copy of
which is on file in the Office of the Secretary and shall remain open for public inspection.
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 Tax. Except where funds are otherwise available and subject to the approval of the qualified
electors of the Annexation Area, a special tax sufficient to pay for the services described in Section 4 that are
required for the Annexation Area, secured by recordation of a continuing lien against all non-exempt real
property in the Annexation Area will be levied annually within the boundaries of the Annexation Area. For
particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the
attached and incorporated Exhibit "C" which sets forth in sufficient detail the method of apportionment to
allow each landowner or resident within the Annexation Area to clearly estimate the maximum amount of the
special tax that such person will have to pay.
The special taxes 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 Board of Directors 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 Treasurer of the Rancho
Cucamonga Fire Protection District, acting for and on behalf of the District.
6. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of
Government Code Section 50075.1, this Board of Directors hereby establishes the following accountability
measures pertaining to the levy by the District of the special taxes within the Annexation Area as described in
Section 5 above:
Resolution No. FD 2022-032 - Page 2 of 12
A. Each such special tax shall be levied for the specific purposes section in Section 5. above.
B. The proceeds of the levy of each such special tax shall be applied only to the specific
applicable purposes set forth in Section 5. above.
C. The District shall establish a separate account into which the proceeds of the special taxes
levied within the District shall be deposited.
D. The Fire Chief or his or her designee, acting for and on behalf of the District, shall annually
file a report with the Board of Directors as required pursuant to Government Code Section
50075.3.
7. Election. The proposition related to the levy of the special tax shall be submitted to the qualified
electors of the Annexation Area, said electors being the landowners, with each landowner having one (1)
vote for each acre or portion thereof of land which he or she owns within said annexed territory. The special
election shall be held on the 19th of October, 2022, and said election shall be a special election to be
conducted by the Secretary(hereinafter"Election Official"). If the proposition for the levy of the special tax
receives the approval of more than two-thirds (2/3)of the votes cast on the proposition, the special tax may
be levied as provided for in this Resolution and the Board of Directors may determine that the Annexation
Area is added to and part of the District.
8. Ballot. The ballot proposal to be submitted to the qualified voters at the election shall generally be as
follows:
PROPOSITION A
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
COMMUNITY FACILITIES DISTRICT NO. 85-1,
AUTHORIZATION FOR SPECIAL TAX LEVY
Shall Community Facilities District No.85-1 of the Rancho Cucamonga Fire Protection District
be authorized to levy special taxes within the territory shown on"Annexation Map No.22-3 of
Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District,
County Of San Bernardino, State Of California"(the"Annexation Map") pursuant to the rate
and method of apportionment of special taxes (the "Special Tax Formula") set forth in
Resolution No. FD 2022-024 to finance fire suppression and protection services and
administrative expenses?
9. Vote. The appropriate mark placed in the voting square after the word "YES" shall be counted in
favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word
"NO" in the manner as authorized, shall be counted against the adoption of said proposition.
10. Election Procedure. The Election Official is hereby authorized to take any and all steps necessary for
the holding of said election. Said Election Official shall perform and render all services and proceedings
incidental to and connected with the conduct of said election, and said services shall include, but not be
limited to the following:
A. Prepare and furnish to the election officers necessary election supplies for the conduct of the
election.
B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary
forms.
Resolution No. FD 2022-032 - Page 3 of 12
C. Furnish and address official ballots for the qualified electors of the Annexation Area.
D. Cause the official ballots to be mailed and/or delivered, as required by law.
E. Receive the returns of the election.
F. Sort and assemble the election material and supplies in preparation for the canvassing of the
returns.
G. Canvass the returns of the election.
H. Furnish a tabulation of the number of votes given in the election.
Make all arrangements and take the necessary steps to pay all costs of the election incurred
as a result of services performed for the District and pay costs and expenses of all election
officials.
J. Conduct and handle all other matters relating to the proceedings and conduct of the election
in the manner and form as required by law.
Resolution No. FD 2022-032 - Page 4 of 12
•
PASSED, APPROVED AND ADOPTED this 19th day of October, 2022.
• nis ichael, reside
ATTEST:
J e . Reynolds, 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 19th day of
October 2022.
AYES: Hutchison, Kennedy, Michael, Scott
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 20th day of October, 2022, at Rancho Cucamonga, California.
ni eynolds, Clerk
Resolution No. FD 2022-032 - Page 5 of 12
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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 required 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 intention 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 2022-032 - Page 8 of 12
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 2022-032 - Page 9 of 12
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 2022-032 - Page 10 of 12
Application of the CFD No. 85-1 Rate and Method to Annexation No. 22-3
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. 22-3 for Fiscal Year 2022-23 shall be:
Structures Maximum Annual Special Tax
Residential 1 DU: $199.19
Multi-Family 2 DU: 1.75 ($199.19)
3 DU: 2.25 ($199.19)
4 DU: 2.65 ($199.19)
5 - 14 DU: 2.65 ($199.19) + [0.35 (TU- 4) ($199.19)]
15- 30 DU: 6.15 ($199.19) + [0.30(TU - 14) ($199.19)]
31 - 80 DU: 10.65 ($199.19) + [0.25(TU - 30) ($199.19)]
81 - UP DU: 23.15 ($199.19) + [0.20 (TU - 80) ($199.19)]
Commercial ($199.19) per acre + 0.103 per SF
Industrial ($199.19) per acre+ 0.128 per SF
Notes: DU = Dwelling Units
TU = Total Units
SF = Square Foot
ANNUAL ADJUSTMENT
The maximum Special Tax shall be annually adjusted commencing on July 1,2022,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 2022-032 - Page 11 of 12
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 2022-032 - Page 12 of 12