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HomeMy WebLinkAbout89-185 - Resolutions RESOLUTION NO~ 89-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO LEVY A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), at this time is desirous 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. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 88-2 (hereinafter referred to as the "District"); and, WHEREAS, this legislative body is now required to proceed to adopt its Resolution of Intention to initiate proceedings for the establishment of said District, to set forth the boundaries for said District, indicate the type of public facilities and services to be provided, indicate the rate and apportionment of a special tax sufficient to pay for all such facilities and services, and. set a time and place for a public hearing relating to the establishment of said District; and, WHEREAS, at any time before or after the formation of the District, this legislative body may accept advances of funds and/or work in kind from any source; however, no reimbursement and/or repayment shall be made for said advances until expressly set forth by agreement and/or Resolution of this legislative body setting forth the amount, terms and conditions for any reimbursement and/or repayment; and, WHEREAS, a map of said District has been submitted showing the boundaries and properties to be included within said District. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: RECITALS SECTION 1: That the above recitals are all true and correct. INITIATION OF PROCEEDINGS SECTION 2: That these proceedings are initiated by this legislative body pursuant to the authorization of Section 53318 of the Government Code of the State of California. BOUNDARIES OF DISTRICT SECTION 3: It is the intention of this legislative body, pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", to establish a Community Facilities District, and to determine the boundaries and parcels which will be serviced by the public facilities and services and Resolution No. 89-185 Page 2 on which special taxes may be levied in order to pay the cost and expenses for said public facilities and services. A description of the boundaries of territory proposed to be included in the District ~s as follows: All that property to be served by the installation of the capital facilities and providing of services, as said property is shown on a map as previously approved by this legislative body, said map designated by the name of this Community Facilities District, a copy of which is on file in the Office of the'~City Clerk and shall remain open for. public inspection. NAME OF DISTRICT SECTION 4: The name of the proposed Community Facilities District to be established shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 88-2. DESCRIPTION OF DISTRICT SECTION 5: That it is the intention of this legislative body to provide for the purchase, construction, expansion or rehabilitation of certain real or other tangible property with an estimated useful life of five (5) years or longer. A general description of the public capital facilities to be provided is as follows: The construction, installation and acquisition of certain drainage and ~ood control facilities, together with appurtenances and appurtenant work, including acquisition where necessary. For further particulars and details, reference is made to the file entitled "CITY OF RANCHO CUCAMONGA, COMMUNITY FACILITI ES DISTRICT NO. 88-2, DESCRIPTION OF FACILITIES", which is hereby approved and incorporated herein,~ and a copy of which is on file in the Office of the City Clerk. For all particulars, reference is made to said approved file. The facilities, as above-described, are facilities which this le§islative body is authorized_ by. l a~ to contribute revenue to or to construct, own or operate. It is hereby further found and determined that the proposed facilities are necessary to meet the demands and needs of this local Agency. The cost of acquiring, constructing and installing the facilities includes incidental expenses consisting of the costs of pla~nin§ a~d designing the facilities, including the costs of.environmental evaluations thereof, all costs associated with the establishment of the District, the issuance of bonds, the determination of the amount of any special taxes to be levied, the cost of collecting any special taxes, and costs_otherwise incurred in order to carry out the authorized purposes of the District, together with any other expenses incidental to the acquisition, construction, completion and inspection of the facilities. Resolution No~ 89-185 P~ge 3 SPECIAL TAX SECTION 6: That is is hereby' further p. roposed that, except.where fun'd~ are otherwise available, a special tax sufficient to pay for said .facilities, services and. rela.ted incidental expenses authorized by the Act, secured by recordation of a continuing ~ien~ against all non-exempt real property in the District, wili be levied annually within the boundaries of said District. For particulars as to the rate and.method of apportionment of the proposed speci.al tax, reference is made to. the attached and incorporated Exhibit "A", which sets forth in sufficien~t detail the method of apportionment to allow each landowner or resident.within the proposed District to clearly estimate the maximum amount that said person will have to pay for said facilit.ies and services. . The legislative body' ~e~eby further authorizes the earlYdischarge and prepayment of any special taxes and }pecific terms and conditions relating to the prepayment of any special tax shall be set forth by Resolution of this legislative body prior to any authorization for issuance of bonds, and said prepayment allowance is not applicabl.e for.any, special taxes relating to additional services .... The special taxes herein authorized shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalities, procedure, sale and lien priRrity in any case of delinquency as applicable for ad valorem taxes. SERVICES SECTION 7: That it is the further intention of this legislative body ~o provide certain services that are in addition to those provided in the territory of the District and will not be replacing services already available. A general description of the services .to be provided is as follows: Police protection services which'.~re i~ addition to th~ extent to which said services are currently provided to the territory within the proposed District. The costs of said services shall include ~he performance by employees of all~ functions, including operation and maintenance. PUBLIC HEARING SECTION 8: NOTICE IS GIVEN THAT ON WEDNESDAY, THE 7TH DAY OF JUNE, 1989, AT THE HOUR OF 7:30 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, LOCATED AT LIONS PARK COMMUNIT.Y CENTER FORUM, 9161 BASE LINE ROAD, RANCHO CUCAMONGA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY 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. THAT AT Resolution No~ 89-185 Page 4 THE ABOVE-MENTIONED TIME AND PLA~E FO~ 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 ESTABLISHMENT .OF THE DISTRICT, THE EXTENT OF THE ~DISTRICT, OR THE FURNISHING OF THE SERVICES AND FACILITIES,. WILL BE~ HEARD AND CONSIDERED. ANY .PROTESTS MAY BE MADE ORALLY OR IN WRITING. NOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY 'OR SUFFICIENCY OF THE PROCEEDINGS SHAJ_L BE IN WRITING AND CLEARLY SET FORTH THE IRREGULARITIES AND DEFECTS TO WHICH THE OBJECTION ISMADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK 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. IF WRITTEN PROTESTS AGAINST THE ESTABLISHMENT OF THE DISTRICT ARE FILED BY FIFTY PERCENT (50%) OR MORE OF THE REGISTERED VOTERS, OR SIX (6) REGISTERED VOTERS, WHICHEVER tS GREATER, RESIDING WITHIN THE PROPOSED DISTRICT, OR OWNERS OF. ONE-HALF (1/2) OR MORE OF THE AREA OF LAND PROPOSED WITHIN THE DISTRICT AND NOT EXEMPT FROM THE SPECIAL TAX, THE PROCEEDINGS SHALL BE ABANDONED~ IF SAID MAJORITY PROTEST IS LIMITED TO CERTAIN SERVICES, · FACILITIES OR SPECIAL TAX, THOSE~SERVICES OR FACILITIES OR THAT TAX SHALL BE ELIMINATED BY THE LEGISLATIVE BODY. ELECTION · SECTION 9: If, following the public hearing described in the Section above, the legislative body determines to e~tablish the District and proposes to levy a special tax within the District, the legislative body shall then submit the levy of the specia~-_.taxes, to the qualified electors of the District. If at least twelve (12) person, who need not necessarily be the same twelve (12) persons, have been registered to vote within the District for each of the ninety (90) days preceding, the close of the subject hearing, the vote shall be by registered vdters of the District, with each voter having one (1) vote, Otherwise, the vote shall be by the landowners ofthe 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 XIIIB of the California Constitution as it is applicable to this District. ~. NO PRIVATE COntRACT SECTION 10: This legislative body hereby finds And. jetQ.rmines that the public interest will not be served by allowing the property owners of 3/4's of the ~area to make an ielection to take over and .per.form any works.of improvement pursuant to a contract awanded by this legislative body..This finding does not prohibit the property owners from directly entering into a ~.contract to. perform and construct certain of the works of improvement. · Resolution No. 89,185 Page 5 NOTICE SECTION 11: That notice of the time'~nd place of the public hearing shall be given by the City Clerk in the following manner: A. A Notice of Public Hearing shall be published in the legally designated newspaper of general circulation, being The Daily Report, 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 and registered voter within the boundaries of the proposed District; 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. ENVIRONMENTAL REVIEW SECTION 12: All environmental evaluation proceedings as required by the California Environmental Quality Act relating to the establishment and formation of this District shall be completed prior to the date and time set for the public hearing. PASSED, APPROVED, and ADOPTED this 19th day of April, 1989. AYES: Alexander, Brown, Buquet, Stout, Wright NOES: None ABSENT: None ~~~ Dennis L. Stout, Mayor ATTEST: Beverly ~(. Authelet, City Clerk Resolution No. 89~185 Page 6 I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that th6 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 Counc.il h~ld on the 1§th day of April, 1989. Executed this 2Otb day of April, ~989 at Ranch~ Cucamonga, California. __ _~ Bever~L~ A~ Authelet, City Clerk Resolution No~ 89-185 Page 7 CITY OF R~NCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 88-2 EXHI8IT "A" The Resolution of Intention refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes so as to allow each landowner or resident within the proposed Community Facilities District to estimate the maximum amount that would be required for payment for such landowner's or resident's property. SPECIAL TAX "A" - PUBLIC FACILITIES PROPERTY CATEGORIES There are two categories of property subject to the levy of Special Tax "A", 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. UNDEVELOPED PROPERTY All other property, excluding property which, as of the date of the election to authorize the levy of Special Tax "A", is: (l) owned by a public entity; (ii) owned by a regulated public utility and being utilized for trans- mission or distribution purposes; or (iii) zoned as open space. TAXINC CLASSIFICATIONS AND MAXIMUM SPECIAL TAX 'A' RATES The taxing classifications for the above Property Categories and the maximum autho- rized Special Tax "A" rates for fiscal year 1969-1990 are as follows: TAXING CLASSIFICATION MAXIMUM TAX RATE 1. DEVELOPED PROPERTY A. Residential Class I $ 1,037 per year (More than 3,590 square feet Of dwelling unit living area) * B. Residential Class II $ 768 per year (3,077-3,589 square feet of dwelling unit living area) * C. Residential Class III $ 576 per year (2,564-3,076 square feet of dwelling unit living area) * Resolution No. 89-185 P~ge 8 TAXING CLASSIFICATION MAXIMUM TAX RATE D. Residential Class IV $ 461 per year (2,308-2,563 square feet of dwelling unit living area) * E. Residential Class V $ 384 per year (2,051-2,307 square feet of dwelling unit living area) F. Residential Class VI $ 269 per year (Less than 2,051 square feet of dwelling unit living area) * G. commercial or industrial property $ 2,030 per acre per year ** 2. UNDEVELOPED PROPERTY Ail Undeveloped Property $ 2,400 per acre per year *** * The square footage of dwelling unit living area shall mean the square foqtage 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 dwel!li! unit. ** The acreage of a commercial or industrial property shall mean the gross acreage exclusive of any acreage dedicated or offered for dedication to a public agency. *** The acreage of an Undeveloped Property shall be the gross acreage exclusive of any acreage dedicated or offered for dedication to a public agency. ~ETHOD OF APDORTIONMENT OF SPECIAL TAX Special Tax "A" shall be levied annually on all taxable property within one of the above identified Property Categories So long as Special Tax "A" revenues are necessary to pay authorized expenses of the Community Facilities District related to the financing of authorized public facilities, which may include, without lim'ita- tion, payment of debt service on any bonded indebtedness of the Co~unity Facilities District; replenishment of any required reserve fund for any such bonded indebted- ness; funding of any required sinking fund necessary to pay for future public facili- ties br debt service; or direct payment for public facilities ("CFD Expenses"). The annual levy of Special Tax "A" shall be apportioned as follows: STEP 1: The Community Facilities District shall estimate the amount of CFD Expenses which must be paid for from Special Tax "A" revenues collecta during the Fiscal Year for which the Special Tax "A" levy is tO established (the "Required Special Tax "A" Revenue"). Resolution No. 89-185 Pa§~ 9 That equal percentage of the Special Tax "A" rate, not to exceed 91% of the maximum authorized Special Tax "A" rate, applicable to all Developed Property Taxing Classifications necessary to generate Special Tax "A" revenue in the Fiscal Year of the levy equal to the Required Special Tax "A" Revenue for such Fiscal Year shall be levied on all Developed Property. STEP 3: If additional Special Tax "A" revenues are still necessary to generate the Required Special Tax "A" Revenue, that percentage of the maximum autho- rized Special Tax "A" rate applicable to all Undeveloped Property neces- sary to generate such additional Special Tax "A" revenue shall be levied on all Undeveloped Property. STEP 4: If additional Special Tax "A" revenues are still necessary to generate the Required Special Tax "A" Revenue, that equal percentage of the maximum authorized Special Tax "A" rate applicable to all Developed Property Taxing Classifications necessary to generate such additional Special Tax "A" revenue shall be levied On all Developed Property. STEP 5: If additional Special Tax "A" revenues are still necessary to generate the Required Special Tax "A" Revenue, the Community Facilities District shall: A. Compare (i) the Special Tax "A" rate which would be levied on each Developed Property combining STEP 2 and STEP 4 above with (ii) the product resulting from multiplying the square footage of the Developed Property times the Base Maximum Special Tax "A". The Sase Maximum Special Tax "A" means an amount equal to $0.054 per square foot of the lot or parcel. B. If the product described in (ii) above exceeds the Special Tax "A" rate described in (i) above for any Developed Property, the Community Facilities District shall increase the Special Tax "A" 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 "A" revenues to equal the Required Special Tax "A" Revenues. Notwithstanding the foregoing, the minimum Special Tax "A" which shall be levied on all taxable properties within the Community Facilities District each Fiscal Year shall be: DSVELOPED PROPERTY: $ 1.00 per dwelling unit for residential uses $ 1.00 per acre for commercial/industrial uses UNDEVELOPED PROPERTY: $ 1.00 per lot or parcel Resolution No. 89-185 Page 10 SPECIAL TAX #D" - ADDITIONAL POLICE SERVICES AIl Developed Property shall be subject to the levy of Special Tax "B". The maximum authorized Special Tax "S" rates for fiscal year 1989-1990 are as follows: TAXING CLASSIFICATION MAXIMUM TAX RATE 1. DEVELOPED PROPERTY A. Residential Class I $ 432 per year (More than 3,590 square feet of dwelling unit living area) B. Residential Class II $ 320 per year (3,077-3,589 square feet of dwelling unit living area) * C. Residential Class III $ 240 per year (2,564-3,076 square feet of dwelling unit living area) D. Residential Class IV $ 192 per year (2,308-2,563 square feet of dwelling unit living area} E. Residential Class ¥ $ 160 per year (2,051-2,307 square feet of dwelling unit living area) * F. Residential Class VI $ 112 per year (Less than 2,051 square feet of dwelling unit living area) * G. Commercial or industrial property $1,000 per acre per year ** The maximum annual Specigl Tax "B" rates shall be subject to escalation each July 1 commencing July 1, 1990, at a rate not to exceed four percent (4%) per year. Special Tax "S" shall be levied annually so long as Special Tax "B" Revenues. are necessary to pay for additional police services necessary to serve the properties located within the District. 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 pertainir the Rate and Method of Apportionment of the Special Tax "A" and "B" and provide controlling guidance in the interpretation and implementation of this Rate and Method of Apportionment.