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HomeMy WebLinkAbout03-032 - Resolutions RESOLUTION NO. 03-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003- 01 DECLARING THE NECESSITY TO INCUR A BONDED INDEBTEDNESS WITHIN EACH OF IMPROVEMENT AREA NOS. 1 AND 2 OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 AND ORDERING SUBMITTED TO THE QUALIFIED ELECTORS OF EACH IMPROVEMENT AREA WITHIN THE DISTRICT PROPOSITIONS RELATING TO THE RESPECTIVE IMPROVEMENT AREA RECITALS: A. The City Council (the "City Council") of the City of Rancho Cucamonga, California (the "City"), has previously adopted Resolution No. 02-327 stating its intention to conduct proceedings to form City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District") and to establish two improvement areas, Improvement Area No. 1 and Improvement Area No. 2 (each an "Improvement Area" and collectively the "Improvement Areas") therein pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act") to finance certain public facilities. B. The City Council has previously adopted Resolution No. 02-328 stating the City Council's intention, in its capacity as the legislative body of the District, to authorize the issuance and sale of a series of bonds for Improvement Areas No. 1 in the maximum aggregate principal amount of $16,000,000 and a series of bonds for Improvement Area No. 2 in the maximum aggregate principal amount of$4,000,000. C. Resolution Nos. 02-327 and 02-328 set February 5, 2003 as the date of a public hearing (the "Hearing") on the establishment of the District and the Improvement Areas therein, the extent of the District and of each proposed Improvement Area, the furnishing of specified types of public facilities within the District, the proposed rate and method of apportionment of the special tax within each Improvement Area, and the proposed debt issues. D. A notice of the Hearing was published and mailed to all landowners proposed to be included in the District in accordance with the Act. E. Prior to the Hearing there was filed with the City Council a report (the "Report") containing a description of the facilities necessary to adequately meet the needs of the District and an estimate of the cost of financing such facilities as required by Section 53321.5 of the Act. Resolution No. 03-032 Page 2 of 8 F. On February 5, 2003, the City Council opened the Hearing and continued the Hearing to February 19, 2003. G. At the Hearing, all persons desiring to be heard on all matters, pertaining to the establishment of the District and of each proposed Improvement Area, the extent of the District and each proposed Improvement Area to the furnishing of specified types of public facilities within the District, to the proposed rate and method of apportionment of the special tax, and to the proposed debt issues were heard and a full and fair hearing was held. H. At the Hearing evidence was presented to the City Council on the matters before it and the City Council at the conclusion of the Hearing is fully advised as to all matters relating to the formation of the District and the establishment of the Improvement Areas therein, the levy of the special tax and the issuance of bonded indebtedness therein. I. On February 19, 2003, subsequent to Hearing, the City Council adopted is Resolution No. 03-031 (the 'Resolution of Formation"), which established the District, authorized the levy of the special tax, and took certain related actions. J. The City Council desires to hold a special election in each Improvement Area at which time there will be submitted to the qualified electors of each respective Improvement Area certain propositions relating to the authorization to levy a special tax, the establishment of an appropriations limit for the District, and the incurring of a bonded indebtedness to pay for certain facilities to serve the District. K. The City Council has determined that there have been fewer than twelve registered voters residing in the proposed boundaries of the District and each proposed Improvement Area therein for the period of 90 days prior to February 19, 2003 and that the qualified electors within each Improvement Area are the landowners within the respective Improvement Area. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: Recitals: The above recitals are all true and correct. SECTION 2: Necessary to Incur Bonded Indebtedness. The City Council hereby declares that it is necessary to incur a bonded indebtedness for the District in an aggregate principal amount not to exceed $16,000,000 for Improvement Area No. 1 and an aggregate principal amount not to exceed $4,000,000 for Improvement Area No. 2 as authorized under the terms and provisions of the Act. Resolution No. 03-032 Page 3 of 8 SECTION 3: Purpose of Bonded Indebtedness. The bonded indebtedness will be incurred for the purpose of financing the costs of designing, acquiring and constructing the Facilities as defined in the City's Resolution No. 03-032 and the Resolution of Formation, and incidental expenses, including, but not limited, to the financing of the costs associated with the issuance of the bonds and all other costs necessary to finance the Facilities which are permitted to be financed pursuant to the Act. SECTION 4: Boundaries of Improvement Areas. The whole of the property within Improvement Area No. 1, other than property exempted from the special tax pursuant to the provisions of the rate and method of apportionment for Improvement Area No. 1, attached to the Resolution of Formation as Exhibit "B-1" shall pay for the bonded indebtedness of Improvement Area No. 1. The whole of the property within Improvement Area No. 2, other than property exempted from the special tax pursuant to the provisions of the rate and method of apportionment for Improvement Area No. 2, attached to the Resolution of Formation as Exhibit "B-2" shall pay for the bonded indebtedness of Improvement Area No. 2. The description and map of the boundaries of the District and the Improvement Areas, on file in the office of the City Clerk and as described in the Resolution of Formation and incorporated herein by reference, shall be the boundaries of the District and the Improvement Areas. SECTION 5: Bond Terms. The bonds shall bear interest at a maximum interest rate of 12 percent per annum or such rate not in excess of the maximum rate permitted by law at the time the bonds are issued, payable semiannually or in such other manner as the City Council or its designee shall determine, with the actual rate or rates and time of payment of such interest to be determined by the City Council or its designee at the time or times of sale of said bonds. The term of the bonds of each series shall be determined pursuant to a resolution of the City Council authorizing the issuance of such series, but such term shall in no event exceed 30 years from the date of issuance of such series of bonds or such longer term as is then permitted by law. SECTION 6: Accountability Measures. Pursuant to and in compliance with the provisions of Article 1.5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, the City Council hereby establishes the following accountability measures pertaining to any bonded indebtedness incurred by or on behalf of the District, including any bonded indebtedness for an Improvement Area: Resolution No. 03-032 Page 4 of 8 A. Such bonded indebtedness shall be incurred for the specific single purpose set forth in Section 3 above. B. The proceeds of any such bonded indebtedness shall be applied only to the specific purpose identified in Section 3 above. C. The document or documents establishing the terms and conditions for the issuance of any such bonded indebtedness shall provide for the creation of an account or accounts into which the proceeds of such indebtedness shall be deposited. D. The City Manager of the City, or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required by Government Code Section 53411. SECTION 7: Election. For each Improvement Area, the proposition related to the incurring of the bonded indebtedness and the proposition relating to the levy of the Special Tax shall be combined into one ballot proposition, and shall be submitted to the qualified voters of the respective Improvement Area, together with a proposition to establish an appropriations limit for the District at a special election. For each Improvement Area, if the combined proposition for the levy of the Special Tax and the incurring of the bonded indebtedness and the proposition for the establishment of the appropriations limit receive the approval of more than two-thirds (2/3) of the votes cast on the proposition, bonds may be authorized, issued and sold for the purposes set forth herein, the Special Tax may be levied as provided for in the Resolution of Formation and the appropriations limit may be established as provided for in the Resolution of Formation. SECTION 8: Election Official. The City Clerk is hereby designated as the official to conduct the elections. It is hereby acknowledged that the City Clerk has on file a certified map of the boundaries of the District and the Improvement Areas, and a sufficient description to allow the City Clerk to determine the boundaries of the District and the Improvement Areas. SECTION 9: Waiver of Election Requirements. The City Clerk, acting as election official, has received Consents and Waivers from all qualified electors of each Improvement Area indicating their consent to the waiver of any time limits specified in Section 53326 of the Act and of other requirements pertaining to the conduct of the election. The City Clerk has submitted a notice indicating her concurrence, as election official conducting the election, with such waiver. Consequently, all statutory requirements regarding the timing for the election and other election requirements set forth in such Consents and Waivers are waived. Resolution No. 03-032 Page 5 of 8 SECTION 10: Election Date. The time for notice having been waived by all of the qualified electors, the date of the special election for each Improvement Area shall be on February 19, 2003 in the City Council Chambers, 10500 Civic Center Drive, Rancho Cucamonga, California, 91730, immediately following the adoption of this Resolution or such later date as is consented to by the City Clerk and the landowners within the District. The voted ballots shall be returned to the City Clerk immediately following the adoption of this Resolution. The City Clerk is authorized to conduct the elections following the adoption of the Resolution of Formation and this Resolution, and all ballots shall be received by, and the City Clerk shall close the election by 11:30 p.m. on the election day; provided the elections shall be closed, (as provided in Section 53326(d) of the Act) at such earlier time as all qualified electors have voted. SECTION 11: Mail Ballot. Pursuant to the Act, the election shall be conducted by mail ballot pursuant to the California Elections Code. Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City of Rancho Cucamonga insofar as such provisions are determined by the City Clerk to be applicable. SECTON 12: Electors Determined. The City Council finds, based on information provided by the Registrar of Voters of the County of San Bernardino, that fewer than 12 registered voters have been registered to vote within the territory of the District and within the territory of each Improvement Area for each of the 90 days proceeding the close of the public hearing heretofore conducted and concluded by the City Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, the City Council finds that for purposes of these proceedings the qualified electors are the landowners within each Improvement Area. Each landowner shall have one vote for each acre or portion thereof that he or she owns within the respective Improvement Areas, as provided in Section 53326 of the Act. SECTION 13: Ballot. The City Council acknowledges that the City Clerk has caused to be delivered to each of the qualified electors of the respective Improvement Areas a ballot in the form required by the Act. Each ballot indicates the number of votes to be voted by the respective landowner to which it pertains. Each ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name of the Resolution No. 03-032 Page 6 of 8 landowner, (b) the address of the landowner, (c) a declaration, under penalty of perjury, stating that the voter is the owner of record or the authorized representative of the landowner entitled to vote and is the person whose name appears on the identification envelope, (d) the printed name and signature of the voter, (e) the address of the voter, (f) the date of signing and place of execution of the declaration described as item "c" above, (g) a notice that the envelope is an official ballot and is to be opened only by the canvassing board. The ballot proposals to be submitted to the qualified voters of Improvement Area No. 1 at the election shall generally be as follows: PROPOSITION A Shall City of Rancho Cucamonga Communities Facility District No. 2003-01 (the "District'), subject to the accountability measures provided for in Resolution Nos. 03-031 and 03-032 of the City Council of the City of Rancho Cucamonga, incur an indebtedness and issue a series of bonds for Improvement Area No. 1 of the District in a maximum aggregate principal amount of $16,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the facilities and incidental expenses described in Resolution Nos. 03-031 and 03-032 of the City Council of the City of Rancho Cucamonga and shall a special tax with a rate and method of apportionment as provided in Resolution Nos. 03-031 and 03-032 of the City Council of the City of Rancho Cucamonga for Improvement Area No. 1 of the District be levied to pay for the facilities, incidental expenses and other purposes described in Resolution Nos. 03-031 and 03-032, including the payment of principal and interest on bonds issued for Improvement Area No. 1 to finance the facilities and incidental expenses? PROPOSITION B Shall City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District") establish an Article XIIIB appropriations limit for the District as an amount equal to all the proceeds of the Special Tax collected annually within the District and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population? The ballot proposals to be submitted to the qualified voters of Improvement Area No. 2 at the election shall generally be as follows: Resolution No. 03-032 Page 7 of 8 PROPOSITION C Shall City of Rancho Cucamonga Communities Facility District No. 2003-01 (the "District'), subject to the accountability measures provided for in Resolution Nos. 03-031 and 03-032 of the City Council of the City of Rancho Cucamonga incur an indebtedness and issue a series of bonds for Improvement Area No. 2 of the District in a maximum aggregate principal amount of $4,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the facilities and incidental expenses described in Resolution Nos. 03-031 and 03-032 of the City Council of the City of Rancho Cucamonga and shall a special tax with a rate and method of apportionment as provided in Resolution Nos. 03-031 and 03-032 of the City Council of the City of Rancho Cucamonga for Improvement Area No. 2 of the District be levied to pay for the facilities, incidental expenses and other purposes described in Resolution Nos. 03-031 and 03-032, including the payment of principal and interest on bonds issued for Improvement Area No. 2 to finance the facilities and incidental expenses? PROPOSITION D Shall City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District') establish an Article XIIIB appropriations limit for the District as an amount equal to all the proceeds of the Special Tax collected annually within the District and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population? SECTION 14: Return of Ballots. Ballots shall be returned to the City Clerk, acting as election official, no later than the close of the election. SECTION 15: 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. Please see the following page for formal adoption,certification and signatures Resolution No. 03-032 Page 8 of 8 PASSED, APPROVED, AND ADOPTED this 19'h day of February 2003. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None William J. AI ander, Mayor ATTEST: ZA4 -C)- D bra J. Ad , CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the 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 Council held on the 19'h day of February 2003. Executed this 201h day of February 2003, at Rancho Cucamonga, California. L" 2 aA-� ebra J. Ada MC, City Clerk