HomeMy WebLinkAbout1983/04/21 - Agenda PacketCLCA.NON
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RANCHO C CANSONGA
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CITY COUNCIL
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AGENIA
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1977
Lions Park Community Center
9161 Base Line Road
Rancho Cucamonga, California
April 21, 1983 - 7:00 p.m.
I. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call: Buquet_, Dahl Frost_
Schlosser_, and Mikels_
II. ANNOUNCEMENTS
Purpose of tonight's meeting: Review issues
identified at last meeting and provide direction where
appropriate.
III. APPROVAL OF MINUTES
Minutes of April 11, 1983 meeting
IV. ENVIRONMENTAL IMPACT REPORT
Staff will briefly review the Environmental Impact
Report prepared along with the Etiwanda Specific Plan,
and answer any questions the Council may have.
V. ETINANDA SPECIFIC PLAN ISSUES
At the April 11, 1983 special meeting, the City
Council heard public testimony in a number of issue
areas. Tonight the Council will discuss these issues,
and direct staff as may be appropriate.
Issues to be discussed include:
A. Circulation
B. Commercial Uses
C. Residential Uses
D. Equestrian Areas and Trails
E. Other Topics
VI. ADJOURNMENT
Ci�u'170
L'�•'�.' CITY OF
2 RANCHO CUCANK)NGA
0 o C�I�T�Y*� 1C'��OUNCIL
U > f]LTL'�LrM
1977
Lions Park Community Center
9161 Base Line Road
Rancho Cucamonga, California
Monday, April 25, 1983 - 7:00 p.m.
1. CALL TO ORDER
A. Pledge of Allegiance to Flag.
B. Roll Call: Duquet , Dahl_, Frost_, Schlosser_, and Mikels_
2. COUNCIL BUSINESS
A. MELLO -ROOS COMMUNITY FACILITIES ACT OF 1982. Staff report by Bill Holley,
Community Services Director. The Mello -Roos Community Facilities Act of
1982 provides an alternative method of financing public capital facilities
and select public services. Among the facilities which can be addressed
by the "Act" are parks and recreation facilities, when approved by 2/3 of
the electorate.
The presentation will center on consideration of utilizing the "Act" for
parks and recreation purposes in Rancho Cucamonga.
B. DISCUSSION BY COUNCIL OF MELLO RODS COMMUNITY FACILITIES ACT of 1982.
3. ADJOURNMENT
MEMORANDUM
Date: April 18, 1983
To: City Council and City Manager
From: Bill Holley, Director, Community Services Department
Subject: Council Meeting April 25, 1983
Mello -Roos Community Facilities Act
PREFACE
This will be the first in a series of reports by Staff to Council on the
'specifics' of utilizing Mello-Roos; as a park improvement tool. It is
important to understand that the information contained herein is just the
beginning of the process. Council will view the information presented,
give general direction, and staff will implement... Council will direct
specific refinements of these results and staff will respond ... and so on
until a final Council project package is approved to qo to the vcters.
To do it as expeditiously as possible will take several months or
longer... makinq haste carefully will strengthen the project and improve
its viability at the. polls.
INTRODUCTION AND PACKGROUMD
Since 1978, the voters in California have literally not had the ability
to vote for capital improvements in their cities which would be paid back
over an extended period of time ... i.e., the General Obligation Pond,
which was the prime vehicla in the past for construction of schools and
parks, was no lonqer possible after the passage of Proposition 13.
In 1980, a poorly worded remedy to this problem, State Constitutional
Amendment No. 26, was put before the voters. However, so many 'trailers'
had been added on to SCA26 that it became unpalatable, and was soundly
rejected at the polls.
In 19d2, Senator Henry Mello (D- Monterey) and Assemblyman Michael Roos
(D -Los Angeles) intros uced into their respective houses, successfill
legislation that became known as the Community Facilities Act of 1992.
Under the 'Act', finny Bern capital financing was aqain possible when
approved by two thirds of the voters casting ballots. After heinq signed
by the Governor on September 27, the 'Act' became law January 1 , 1999.
Mello Roos Community Facilities Act
April 18, 1983
Page 2
The nark Advisory Committee chose to look at the 'Act' as one of it's
first projects as a method of providing more parks in Rancho Cucamonga.
The PAC's recommendation to Council from their meeting of March 17, 1983,
is as follows:
...Motion: Moved by Pitassi, seconded by Allen, that it be
recommended to the City Council that they give consideration to the
IolIowi ng:
1. Brina forth to the electorate a ballot measure to establish a
Community Facilities District for the acquisition and /or
development of parkland.
2. That the C.F.D. he authorized to issue and sell bonds, revenues
from which will be used for acquisition and /or development of
parkland.
V 3. That two separate and distinct zones be established. 'Lone 1
encompassing the entire City to fund acquisition only of a
portion of Central Park. Zone 2 encompassing that residential
portion of the City west of Deer Creek to fund only the
development of items 2 thru 6 on the priority list.
4. That the total dollar amount for the. bond payback for all items
(1 thru 6) on the priority list, stay within the range of $35 -
$45 annually per residential dwelling. And further, that
approximately 2/3 of the annual dollar amount he spent for
projects within Zone 2.
Notion carried 4-0. Absent Banks...
The 'priority list' referenced above in item 3, was determined by the PAC
to he as follows with descriptions of each attached (Attachment D):
1. Central Park (to include acquisition only of a portion of the
property, depending on dollar amount remaining after development
of other, priority items).
2. nevelopment of Heritage Park.
3. nove'.op,rent of Red Hill Basin.
14, pevelopme.nt of Arrnw park.
15. nevelopment of Alta Loma Ease Basin.
16. Development of Cncalwnga Creek - Phase IT.
'rind attached the hull minutes of the March 17 PAC meetinq (Attachment
F). Fini also attached the staff memorandum to t'ho PAC, dated January 28
ontlininq the process (Attachment F).
Mello -Roos Community Facilities Act
April 18, 1983
Page 3
with the preceding prefacing and introductory remarks we are now up to
present. The next actions will be...
01U1r IL DIRECTION
The steps in the process are outlined below.
FIRST Council will need to determine which sites are to be addressed by
the bond.
Council has a good starting point from which to do this with the PAC
recommendation previously cited. Are these sites adequate in Council's
judc.enent to meet a need, based on geographical distribution, contained
amenities, etc? Are there too many sites proposed? Not enough proposed?
S ECnND once that a preliminary project list is determined by Council, a
site plan for each component project must he developed along with how
much it costs to accomplish the designed improvements.
THIRD with the project costs developed in the Second step,
determination will be made as to what that will mean as far as bonding
cost, and options to Council on repayment methods, i.e., residential only
or residential /commercial /industrial.
FOURTH Council will view the preliminary package and make adjustments,
if needed. Adjustments may he needed if in Council's judgement, for
instance, all the outlined projects mean an annual payback per residence
of $52 and you feel that is too high, Adjustments can be accomplished by
reducing number of sites to be addressed, or, by lowering the development
level of all sites.
once Council is comfortable with their refiements of the 'preliminary
package', it becomes the 'proposed package' for the bond issue.
FIFTH Public hearim3 must he held in accordance with the text of the
'Act'. As a result of the hearings, the proposed package may or may not
he modified. Bottom line, what ever package that results from the public
hearing becomes the 'final packagn' that goes to the voters.
SIXTH Set an election date as prescribed by the 'Act'.
The six steps outlined above are just the main points. Many sub - issues
and actions will be occurring along the way, such as finalizing
agreements with flood oontrol (currently in progress), legal items,
financial items, etc.
At your meetinq of the {15th, three outside resource people who haves
indicated they would be available to assist with some of the technifntl
detail;, will ho in attendance to provide input on technical questions
the Council may have relative to their fi lds of expertise.
hello -Roos Community Facilities Act
April 18, 1983
Pace 4
Sohn grown, Attorney. Currently working on the legal portion of
setting up Community Facilities District for a Riverside County Water
District, and, Attorney for our Redevelopment Agency.
Bill Fieldman, Municipal Finance Consultant. Handles development of
financial end of the bond.
Ron Paige, Recreation Systems, Inc. Available to prepare site plans
and cost estimates. Paige has been involved in planning several
successful park band issues, and is currently working on the Heritage
Park project.
SUMMARY - CURRENTLY NEEDED ACTION
1. council direction is needed as to what project sites are to be
addressed.
2. Authorization by Council for staff to investigate cost
associated with working the project to a 'proposed' package
status, a_ G� and reporting back to Council with those costs May 4.
a
SUMMARY - AN ITE14 FOR FUTURE CONSIDERATIDN
Residential only or should commercial /Industrial be included?
For instance, if r, ommercial /Industrial were included, it should
be a very equitable type of levy, such as, say, each business
could pay per year what each household pays. or you could set
classification of commercial /Industrial... Class I would be those
businesses with 1 -5 employees... C l a s s II, 6 to 20
employees... Class III, 21 to 100 employees.., Class IV, over 100
employees.
The former method would be far easier to administer than would
be the variable latter alternative. There is, however, a
question of equity... The mom and pop ;torn with only 3 employees
benefiting from the community parks would pay the name amount
ns the large industrial or commercial outlet which has 180
employees henefi Cnq from the parks. Difficult question.
Of no,.rne, not including Commercial / Fndustrial would make this a
moot point.
At any rata, thin need not he determined at Chia time ... but it
will need to be addressed in the not too distant future.
Mello -Boos Community Facilities Act
April 18, 1993
Page 5
I'm sure there are many questions you have about this issue that we have
not covared in this memorandum... please feel free to give us a call or
stop by to discuss those issues.
w H: am
cc: Department Heads w /att.
City Attorney w /att.
THE I1ELLO -ROCS COMMUNITY FACILITIES ACT OF 1982
A Summary
1. This Act provides a- method of financing certain public facilities and
services through the establishment of a Community Facilities District,
(hereinafter referred to as CFD), which is a legally constituted
governmental entity created for specified purposes.
2. A CFD may be the vehicle to provide for acquisition and development of
certain public facilities, including parks.
3. The CFD may levy a special tax or charge for facilities and services
provided to the district.
4. when CFD funds are earmarked for a certain project, other fees may not
be collected for the same purpose. (Example: Neighborhood Park "X"
is to be totally acquired and constructed by the terms of creation of
the CFD, therefore, we cannot collect development fees with Park "X"
as the stated destination for those fees.)
5. The term "services" under the Act refer to police and fire services
only. (Example: The CFD can build a Police Station and provide
Polioe personnel to operate it, however, while the District can build
a nark or community center, it cannot provide the maintenance forces
or Recreation personnel to operate those facilities.)
6. The District is established by the legislative body (the Council) or
by a petition submitted to the legislative body, and approval of its
creation thereafter by 2/3 of the electorate.
7. only the facilities and services specified in the Resolution for
establishing the CFS can be authorized for activity by the District
without returning to the electorate. (Example: The District had as
its prr,nis of creation the acquisition and construction of only parks
A, It and C. Parks X, Y, and Z are not eligible for attention by the
district without voter approval.)
8. The C�'n may incur a banded indebtedness, for specified purposes, also
retuiring approval by n 2/3 majority vote of the electorate (Note:
The Cr ration or the nistrict with its levy of taxes or charges, and
the anthori.;a ties of Pondinq by the District are two distinctly
.separ,1t:e issues. You could have a district without the bonds, but you
.null not i. ^,sue the honds without the district. The two issues can,
however, by combinod into nnr ballot proposition at the direction of
the L�gv:lative body.)
g. The cPD levy of taxes or nharnos will. "sunset" at the conclusion of
the n.noi for r,uch funds for projects of the CFD. (Example: Park A
nnst, 1: amnunt of dolls n; over 10 years. Whom X dnllary have been
rrrneretrd and the deht incurred for A has been retired, the levy must
mem. /P -CFA
Attachment "A"
Page 1 of 1
Assembly Rill \o. 3364
C11APTfC11 1451
An act to .rdd Chapter 25 lconunrncing with Section 53311) to
Part 1 of 2 of Title 5 of the Cocernment Code, relating to
community Facilities.
tAVpro`cd F. C, - -rnm S. preiubcr 27, 1912- F,ICd xAh _
Sce¢..us d S:.,tc Sip :. mhrr V. I992 1
LF.GISI..IMF. ( OL' \SECS DIMST
AR 3561. lions. Ccounuuity Facilities Act of 1952. -
it) Existing law contains provisions relating to community
faeditic..
-'his bill would enact the Mello -fleas Commmnity Facilities Act of .
1553. ss hvli would provide an all ,-rnatile method of financing public
Capital Licit itics,uul service,, esp ,.cialIy in devdailing areas:md area
undergoing rehabilitation. Specibcdly, the bill would authorize the
establishment of a conruunity facilities district to provide specified
facilities and ser, ices. -'Ito bill world authorize the legislative body-
of a local agency to trallsfer (antis to it community facilities district
or to a zone within a community facilities district, for the benefit of
the district or the zone, from any funds available to the legislative
body. The bill swuhl authorize repay ment of those funds transferred
to the district or zone, as prescribed.
The bill would spe ify the proceedings for establishment of a
community facilities district and would prohibit the institution of any
proceeding by the legislative body until approval of local agency
formation commission is obtained and the issue is submitted to a vote'
of the electors, as spncilled.
(2) Article XIll ll of the California Constitution and Sections 2231
aml 22.34 of the Re, cnuo and Taxation Code require the slide In
,a rrimlmr.e local agencies :uad school districts for certain costs
^ mandaed by the stale Otirer pmts isinns require the Department of
Xi n v Finance to review statutes dischtlueng these costs anti provide, m
n
'a certain cases, for making dnims to the Stile Board of Control for
reimbursement.
This fill svauld provide that no appropriation is made by this act
for the purpose of making reimbursement pursuit to the
ui constitutional mandate or Scction 2231 or 2234, but would recognize
that local agencies ;led school districts maY pursuit their other
available remedies to seek reimbursement for th -se costs.
(3) -tits bill would pros ids that notssitlatuubng Section °7.71.5 of
the Iles etruc yud T "aeon Code, lhis:let does not contain a n-pealer,
as nalulrc<1 by that section: therctorc, the provisions of the art ss'nuld
m
reain in effect unless and until they are amended or repealed by
a later enacted act.
-
Ch. I451 l` — ?-
I ho people of the State of Cahlornia do enact as ratio it s:
SFCTIO\ 1. Chapter 2.5 (commencing with Section 53311) is
'arklyd to Part 1 of Division 2 of Title 5 of the Government Code, to
read:
CHAPTER 2.5. TILE b1ELL0 -1100S COMMUNITY FACILMEs AcT
OF 1932
Article 1. General Provisions
53311. This chapter shall be known and may be cited as the
"Mello -]loos Comuumity Facilities Act of 1982 ".
53311.5. This chapter provides an alternative method of
financing certain public capital facilities and services, especially in
9eveloping areas and areas a ndergoing rehabilitation. The provisions
,of this chapter shall not affect or limit any other provisions of law
'.authorizing or providing for the furnishing of'governmental facilities
or services or the raising of revenue for these purposes. A local
government may use the provisions of this chapter instead of any
other method of financing part or all of the cost of providing the
authorized kinds of capital facilities and services.
53312. When any proceedings are commenced under this
chapter for the establishment of a community facilities district or for
providing additional types of facilities and services within an
established community facilities district, the provisions of this
chapter shall prevail. A community facilities district is a legally
constituted governmental entity established for the purpose of
carrying on specific activities within definitely defined boundaries.
53313.5. A community facilities district may also provide for the
purchase, construction, expansion, or rehabilitation of any real or
other tangible property with an estimated useful life of five years or
longer which is necessary to meet increased demands placed upon
local agencies as the result of development or rehabilitation
occurring within the district. For example, a commmnity facilities
district may provide facilities, including, but not limited to, the
following:
(a) Local park, recreation, or parkway facilities.
(b) Elementary and secondary school sites and structures
provided that the facilities elect the building area and cost standards
established by the State Allocation Board.
(c) Libraries.
(dl Any other governmental facilities which the legislative body
creating the community facilities district is authorized by law to
construct, orrn, or u]m[ato.
53313.8. To the extent that any capital facility is provided under
this chapter. a duplicate levy, impact fee, or other exaction may not
be required for the same purpose under Section 66477.
Ch. I.;,l
53311. "I'll, ire;.LC;a ,: b�;b miry I,,,u um, to time tran•.fer
mm:lys to a cu:ninun;ty L.r,irties d"t net or try a zens urlhiu IF
co; n n rt'uIt) Iavait;c.. di.t act. La ti,c beael it of tam district oc tune,
he'll any fund, ac;nlah!e to 111, Ic +tisla ilea body F P,. IaamYS ,o
tt,ri,brrcd nuy he used Ibr th, p :g' III, at of any currcutly p.y'atble
C.1" anses i seu -eel by re:mon of the e +tabluhment of env 6:c'htirs or
prolsIr t It ;rry;mthorvcd savvier, w'thut the district or zone prior
to Decc:el— 1 OF f"'t bad yc.a in which a special I Is ntq' loo
lovircl fur the fa,'hues .,r u ccs witlun the district or con, l "he
rate of interest earned by such money's sisal[ be determined by the
lecnhdisc body.
533143. In the first hv al ye nr ut which a special tax or charge is
tevied fur any focihty o: scn'ees in 'a conununity facilities district or
a zone a,ith,n a cenununity fac;htios dtarict, the lepislan%v body shall
include in the lesy It <nn sulhacut to repay to the Iegislatisc bull,
the amounts transferred to that are.' or zone pursuant to Section
5.3314 "file ansounls berroavecl, with u'tcrest, sh:dl 1,c retr :msfcrred
In the p:nper fund or funds hoar the first available receipts from the
slier al Icvy ill tisat area or 71111.
Not, itlntand ing the above provisions, the legislative body may, by
a resolution no later Ih:un the time of the first few, extend the
repayment of the transferred funds over a periocl of time not to
exceed three cons••cuto I, years, in which event the levv and each
subsequent le, e .Fall iIIcludc a sum lefticiont to repay the amount
Specified by the Icgislat!ve body for the yc:r of the levy.
5.33145. Puno.utt to a resolution adopted by the Icgis!ative body,
the legislative body miry' appropriate any of its avai!ablu moneys to
a revolving fund to be used for the acquisition of real or pernonnl
property, enginecliug services, or the construction of slrueturca or
sngnvvemcels needed in ,,hale or in part to provide one or +nave of
lbe facilities of a community facilities district. The revolving fired
shall be reimbursed from tax revenues or other moneys available
from the facilities district, and no sums shall be disbursed front the
fund until the IcGulatial body has, by resolution, esttblish+'d the
-' nw(md by, and term not exceeding five )'cars within, which the
d cunununity facilities district is to reimburse the fund. The district
0 shall rrin;lmrs. lho fund for any:unuutt disbursed to the area within
mac .,cars after such drh :rsetucu[, together with interest al the
current r, le I, cr annum received on sbnFar ty yes of incest men is by
,e file In;id:anu body as 111tCluaned by the local agency's TsIsumr.
m 53313 Y. Al Illy time either before or after the formation of the
district, the IejeM'1tise body n,ay preside, by ordinance. that for a
period specified in the ordinance, the tool agcney reap' contribute,
from any source of rorenue not othcn.isc prohibited by I.ety, ;,ty
specified amount, portion, or percentage of such resumes for the
purposes set forth in such ortlin :uu'r, limited to the follnwmg: the
acquisition or construction of a flelhty, IF acgmsition of interest in
real property, theprovision of authorized services, and the pap,sent
Ch. 1451 —4-
oE cspenvC Vucidonted thereto. Such contribution shall not constitute
an ind"bt,doess or li,bbity of the local agency.
,73315. 7 iris chapter shall be hber:dly construed in order to
effectuate its pnrposos. No error, irreeularity, informality, and no
noglrct or aulssion of any olfieer, in amp prurcdurc btken under this
chapter, which does not directly alfecl the jurisdiction of the
Iogi%latne body to order the inst;lh,'tion of the facility or the
. _ ' provision of service, shat: said or inv:didnte such yroreeding or any
levy for the costs of such [.n ifity oI service.
- 53315.3. The failure of :any person to receive a notice, resolution,
order, or other matter shall not affect in ;my way whatsoever the
validity of any proceedinits taken under this chapter, or prevent the
leciclalive holy from proceeding with any hearing so noticed.
51316. This chapter applies to all cities, counties, or districts
insofar as those entities have the power to install any of the facilities
or provide any of the services nuthorized under this chapter. The
officers of cities, counties, or districs svho have similar poavers and
duties as the municipal officers referrer) to in this chapter shall have
the powers and duties given by this chapter to the municipal officials.
' Where no similar officer esisls, the legislative body of the city,
county, or district shall, by resolution, appoint a person or designate
an officer to perform the duties under this chapter.
53317. Unless the context otherwise requires, the definitions
contained in this article shall govern the construction of this chapter.
(a) "Clerk" means the clerk of the legislative body of a local
agency.
(b) '•Community facilities district" means the district of land in
which public facilities and authorized services are to be provided,
and in which special taxes and charges may be levied pursuant to this
chapter to pay for those facilities and services.
(e) "Debt • means any binding obligation to repay a min of
usually, including obligations in the form of hands, certificates of
participation, long -term Icase$, loans from government agencies, or
loans from banks, other financial institutions, private businesses, or
individuals.
(d) "Landowner- or "owner of land" means: (1) any person
Shown as the owner of land on the last equalized assessnunt roll; (2)
if such person is lie longer the owtrer, then any person entitled to he
t shins n as the mvncr of land on the nt•st :xscssnumt roll; (3) if lend
is subject to a recorded written agreement of sole, any person shown
therein as purchaser; and (4) any public agency owning land.
I (c) "Legislative body- means the legislative body or governing
board of any local agency.
(q "l.acsl agency, lncansany city or county, n4rcther general Fail,
or chartered, special district, school dislr ict, or any other municipal
corporation or district.
(fa ••Scrs' ices" nncans the per For nancc by em ployees of fu n c lions,
operations, and maintenance and repair activities in order to provide
L —a_ "'6. 1451
the public s'rtit police and fire protection.
Article °. Proceeding, to CrBJte a Community (Facilities District '
$131x. Pril""dol" for do r,:- ihl :,Lm n[ of a a;nununity
Llcihtics dntnat ni:,, be lustion'd by for I. gal :dive body on it, Own
initiativc.utd shalt be Instituted by the legislative body when either
of the f011u'.t iriq ocnns:
(a) A written request therefor. signed by two numbers of the
Icgislad,e bu.lc, de --nbmG the boundaries of the territory which is
proposed for Indusant it, die are., .urn s { *_ri(y ill- the ty _lie 0r topes
of facilities and se« ices to be provided within the area, is filed with
the Icgisletr,e b ily-
(b) .1 petition requesting the institution of such proceeding and
signed by the mqu;,rte number of registered voters is filed with the
clerk of the 1rGi,l :ri n c body the petition may coast of anv number
of sep.u'ate instrument,, each Of which shall comply with all the
requirements of the petition, except as to tic number of signatures.
X53319. Apetition regnestng the institution ofproceedings for the
estabtishnient of n conunm,ih' facilities district shall:
gat ltcque,t the legislative body to institute proceedings to
establish IT coot nmnity facilities di,trlct purslntnt to this chapter.
it)) Describe the boundaries of the territory which is proposed for
inclusion lit the district.
(c) St.r., the type or types of facilities and services to be provided
within the area.
(d) Ile signed by not less than 10 percent of th, registered voters
residing ,,itlun the territory proposed to be Included aviddn the
district. if it,, legislative body find, ll!at till petition is,iceled by the
regLILSAV number of re'g'istered voters residing within the territory
propovcd to be included within the district, that finding shall be final
and conclusive.
533''_0. Within 40 days after either a written request by two
members of the legislative body or a petition requesting the
institution of nroccc,hngs for the establi,hntent of a cmnrimeity
facilities dstrict is filed with it, the Irgislatne body shall adopt it
resolution of intention to establish a community Facilities district in
the foim hereinafter specified.
- d 53321. Proceedings for the calablisiunent of a community
facilitF.cs li,trct shall be instituted b , the adoptian of a resolution of
' intention to establish the district ehich shall'
o tai State that a comtmutity fieihties district is pro, o,rd to be
established under the tortes of this chapter and describe the
buuvdarics of the territory propo,eil for inclusion in the dntriet.
(b) State the name proposed for the district in substontialiv the
follow ing form: "Community P, cihtes District No _—
(c) State the type or hypes of public facilities and services
proposed to be presided within the district pursuant to this chapter.
Ch. 1431 / —6— J
(III St.itr Ih.il. enrpt wvhrrr fluffs am availoblo, a
,Inrial lax oll,cwtu. to pay' her all such la:_ihtic, and sin ices trill be
.0 i nu:d I levied wt11 in,ueh art -it. be rowel it t ion shall specify the rack
•nil method of ti Ill III rllonn Lent of t :c speri.d tae in In fic III t detail
to :flow c.lch Landowner or rr,ident within t5o piupoa'd district to
estumtc the :uuui.d :uuuuul th.tt he of ,he 1111 have to pay.
(r) Make a finding that the proposed facility is necessary to meet
incm.ord dcutauds lint upon the local agency as a result of ate now
development or rehabilitation.
fq Fix a tiro, and plaec fora public hearing on the, e,lablisl:meut
Ill ' the d6lfl,t which ,hall fir not Icss than 30 Ter 'note than (i0 days
after the adoption of the rrsoluhun.
' 53322 . The clerk of the legidartive body shall publish it notice of
the hearing pursuant to Section 6061 in it newspaper of general
circulation publisher) in the area of the proposed district. Publication
Mall be complete at least seven days prior to the date of the hearing.
'I lie notice shall:
(a) Coolant the text of the resolution.
(b) State the lime and place of the hearing.
(c) St.dc that at the hearing the testimony of all interested
persons or taxpayers for or against the csttblishment of rho district,
the extent of the district or the furnishing of specified types of public
facilities or services will be heard.
53323. At the hearing, protests against the cvtahlishment of the
district, the extent of the district, or the furnishing of specified tapes
of public facilities or scr, ices within the district tap be made orally
or in iriling by any interested persons or taxpayer. An) protests
11er4U.1ing to the regularity or sufficiency of the proceedings ohall be
in writing and shall clearly set forth the irregularities and dth -rls to
which Objection is made. All written protests shall be filed with the
clerk of the legislative body on or before the time fixed for the
hearing. -the legislative body may waive tiny irregularities in till-
or content of any written protest mid at the hearing may
correct minor defects in the proceedings. Written protests neO, he
withdrawn in writing at any lime before the conclusion of the
hc;inng.
533'21. If 50 percent or more of the registered rolcrs rc',idiug
within the territory proposed to be included in the district, or the
ownors of one -half or morn of the area of the land in the territory
proposed to be included in the district, file written protests ar:un,t
tine owls blislunen[ of the district, the legislative body shall abandon
the proposed establishment of the co :nnicnitr facilities district.
If such majority protests of lhr_ registered titers or of the
landowners :r,e only against the funu,hlng of n specified type or
ly pcs of Licilitics ur ¢avivcs rt-ithin the llknlct, or io;l mt 1"' Inc a
specified special lax, lhwo types of ('arilaims or Ilm sprafied special
tar diAl be eliminated front the resolution finally establishing the
district.
\-./ ch. 1451
u —7—
53's'.�- 'file incuin� :m:, hr• coironed fru:n 4nm to nme, b -d
m.0 >t Lr enrol
\t till, anuiu'll' al dnc• ha.unr4
the legi 'lame' bo.l) way _Ilmn.lon the I'l., cdinl >'l.0 ton nll pro[os[t.
nI, fan!inrs 6"I"et or :n ac. after Pat+ l I
dct:rni::e to proceolt n41livr ttrc �dy'Ii'deh1rminesl to procccd .c:th
If the 1 may
esfahll +king rile detrict it shall by nsoiution so dec!;icll and
needed.
mo.id) its rrl}to 1, ;n 6t I'll• bade ill h,:!l dilinitslab l t till ehlocy of any
53325 3_
stn ilia« 4di>lr icl inrlh�u�`h1 ;'sC- el•;r.tl clrcti the t orral a specal rlcc'ttn[n -
LIC the close of tile. protest hrnrmt.
to he held ..'ill, 90 d.Ies hallumim.',
sehichec.'t date Uccurs Lest If l^_ nr more registered enters nct at
tuition the terrrlatc of tLe ProPased couunu:Iit)md fUr1ettc!ltrasl rile
the time of the close of till, protest Iretlrin.Z, and t'olr.`e of the
plco•ding (U days, the tole shat! k by [hone cote. If fetccr than 12
p:opo>cd district, it 1, each toter h ;I, In
legit e 111 ''tome` nfntl c cllohin-f tbef6 protest hearing and for at tleast
the pmet th" t (.0 dots, till, cote sii III be by the hmdotwters of the
ptr[inn lhercn(tof hull d;lUthc r 0
r shel g 0 ,ne s within tl ecProPo >nl
.1 Special c urt•ov_tmay Facilities JiAlict. Ballots
[o t(ualilled electors by maillw'rth return
P I' the
Post 41 Prellalt
533254. fixcept as otherwise patrolled in this article- of
provisions of t I, haec[iorts Cade relating to tile 9 the
elccturs, the rlr : :nn'. "t of "Iting, the duties of cicclion olfia•rs.
conga +sing of returns, :roll all other particulars in rr+pect to the
man.IgcmcnI of rlcctions ineofar ill they may be aPphcablo skim
goxcrn
all ulrctions pursuant to lhu article.
516:x.5. In esn:hlishing the bound ;vies of the district,
include lesirtc r)ritorl' than that describe l ill it . notice o(
tam' hctniuG
but it May not include ally territory' not ce,cribed in the notice of the
hearin, timber, or
and 1"te used for the cormoll"ayt produc turn of
_ .7 533�t 6. Land dccoled pnmante to vtrind4r,tl.
3 "air 'stock I'll's included in a
o or Il, wck •troduets may be : us to ether
agrcutur al, tuber.
conunonity Llcdltfes district uric if 5,1, : I:md is conlir,: ,:
n r idatI, e bndv finds
Lint which is included tt ithin :k., deselect rtRr:or hound.: rocs n
till, contcnmtity fac!itics dstrict, and oay i. tl:c leg
Ib:t till, land tcifl be beneh;cd by on, of the t)Pes 1d public Lac dories
roe - - - uilhin tLr dnl;:cl -lh`'d Qne
and soroiccs pccpox`d to be 1
uuc, hots nccr, hr hided in rim Conmrunth htcililics district.
o.tner Ic lucsts Its u- ch"W". er of facilities :rod sertices to he
,1
533_9. In do +fgn Itmz the t' p
provided in the community facilities district the Icgi>la[ice body may
_J
_s-
,. last
area but miry no[
uuinale unc or u:om of the types o! facibl:c> and srrvucs specific
t!'.r nroulut ,, of mleution to Cll.lblioh the
c,I%, any types oC facilities and services not specified in the
S «.hrtioa of intention rile tcsalutiou pnriu.mt to
prior In Lilo ado;dma ni
cram wvrc c:did handl uI tcouhc Only wlill, holnvlp:iamenls of this
rt•lo
raptor, its dctenninatton shall be final and conclusive upon a
arsons.
53321. At the bore of Lilo lities dis of tile the le tgitll': tittef brolly nor)'
establish n comnntuny' lae'ilitics district, ff,
U111,
or metro Of lbentpropt sell tlypex ,ill
of be
publ'm �ofacilities or ts`rvc s
ithiu the district, if i[ is I'S to study the proposed dis[net
ul it or before the ttuu' of the, hearing File a report with the
gislalicc ltady containin^, at Iricl( willfo her orohdr c,ltinlontbc
tcihlics and Serncrs by lyP`•
ionic of abe cast adequately Nile t ling Ih CSC of ,I'll, district
acilities Willlservices to
t Ira of thU rcmtd aE the hearing
II these reports hall be made a p:
n the resolution of intention to establish the district.
;1325. ; \Firer Lilo canvass of returns of ally cicclion Pursnnt to
etion 5333.,3, the Icliielal"e body •:hall determine ,ant the
Million, body nlrayl vy alive speci:d tar asspccifiedlin the resolution te territory Of 'he
Ilstric[ffpllrsoallt toF secaotcaca25.1 Otthil nm estion of leg the
thill IS an, in favor.
53339. After the canvass ul returns ll tube election Pmrxtnnt o
renting the connmm ty +facilities dhtrictlfork core Yull I the the t:rte
f the election if no Proposal to Loup a special tar"ithin [hU district OF
eCci, cstheltaoV 'ihc }Icgislalitrlbo(lYShall lakcall, o (urlhc r c:ctionJrcilh
._,pact to IetyinG any specified special tr xCro•1n lhol d;aer f s to
onununit9 facilities district for one }'c:
Icction (C the question of leaving that specified special lax fails to
ecetve approval by ht'odhirds of tile_ totes cast upon the qucstnml.
Services and
Article S. Exlenso,l If
Ch arges tin Special ,l:1 <ess and
53330. Upon the establishment of a corre�t.Icee gsdilltic I tint the
mly tall tr pas of public Cacililirs and - Ilthor:>ed or
vatlutiUnt propolin(• esclbhsllmr, the dtso t mac apt ` "Copt as
iocided therein uncle[ the authority of this chaplet, k
rocialeci in this article.
53730.5. Upon title al of a special ta< pursuant to Article amn
iron:meneul ," th Secon 533h5) , the q.ccial t5,, min' be IccicdmI,
at the racy and :n ti
a,' be .,1•porn,• on! ::n the m:mnrr spreu:cd lit
till n,,hln n p:o).,mn- esl.:i ri :.i : : :.o :: of the d:wtricl, caa'pt as
provided :n thlu .rn ic'e. uml rxerpt th.d till lecnlatnc body miry Ircy
the Spec::! l.tx at : r.uc Ion. r than til.:t gyp, nited in :tic , .., le, .
In addht:..n. till sprc,.:l lax nt.n' be leveed only So long as it :5 needed
to pny the primp :d and interest on debt incurred in order to
cola r,nmt (.:"diall under aatlnultx of this cL•apti•r, or so long as it it
palatal to pas for srnrcec nut homed by this c ,pter.
53331. if the 1`oi"Ianxe had. is of the opinion that public
cunvrnierce anal lie ...sity require that any additional types of
:urth "IlIM public faelln V'. or scrcicas be provided within an
established community f,:cdihes district. or that the rate or method
Of apportionment of a special tax should be chdutn,ed, or that a new
.penal tax should he preposed. it m,ay'ndopt a resolution of intention
lu pnn'ide such other t3 Pas of noblic C,cilities and scn'ices within the
district ur to Ir,v a ne.v spcci,d tax or special taxes or to alter the tax
rare., method of apportionment of the special hix- Such proceedings
utey be counucnee(I at any !rote. Section 53.,325 .6 applies to the other
t)pos of facilities proposed to be pnn'idedl.
5,3338, 111 pct aim, signed by 85 percent or more of the registered
voters :witting in the district is filed with the legislative barb.
rvqucsting than proceedings be annntenced for the furnishing of
speciFfeci additional types of public facilities or services or that
prot-tsion of specified public service be reduced or terminated or
that lieu' special [awes be !cried, or that any existing special tax be
reduced or terminated, the Icgi %latne body shall within 40 daps
thercv( ter adept a resolution of intention in lhn form specified in
Section 53731 to make such eh.utges Within the conununity facilities
dntaict exrep[ that an existing special uoi being u,_d to pas off any
debt incurred in order to build or acquire capital facilities under this
chapter shall not be reduced or terminated if doing so would
mterfore "till the timely retirement of that debt.
53333. The petition shall request the legitlative hods to
con:n,ence prueeodnres to make specified chances to apes of public
f rcihues [ethic a [tamed conumutity facilities ahstrict. -the petition
Ilia, consist of anv number of separate instruments each of xvhich
51,111 comp!. with all the requirements of a petition except as to the
..umber of s:gnatures-
m ^ 53334 1Ile resolution of intention to provide additional types of
puLLc facilities and wr%ices tcithin in established conununity
c facibtics district, or to levy a new special tax or special taxes, or to
alter the rate or met!sd of apportionment of an existing special tax,
shall do till of the folc%, ing:
(a) State the ni n c of the area.
(h) Generally describe the territory included in the area.
(c) Spec•Fy the additional tvI)es of public facilities and services
which it is proposed to provide v chin the district.
'h. 1.131 4
—lo_
(d) 1pocifvnny newsperd.d hues ,vh,rh would be levied to pay fur
.•"' or exiling f act litieo:md .e"w" and an)' p:,,posed :.111'a ion to
no rata ur nmthnJ of appa;a ionment of an existing special tax.
6.1 Fix a time and place for ;t hcoriug upon the revolution which
hall uol be le,, tban 30 nor Marc than 60 days after the adoption of
Ile resulution of intention.
53935. The clerk of the legislative body shall give notice of the
. "aging in the s:uue m:muer:md ulthin the same time of provided
-:r tbo :I CO,J of notice of a hearing on a resolution of intention to
stahlish a community' facilities district.
"1 fie notice shall do all of the following:
(:Q Contain the text of the resolution
'(b) State the time and place for hearing.
(M State that at the hearing the testimony of all interested
arsons or taxpayers for or against the Furnishing of existing or
Ilitional types of public facilities
t7tlitional and services ad the levying of
special taxes ur of c n
hanging existing special taxes will be
Card.
53336. At tyre hearing, protests against the proposals described in
Ile resolution may be made orally, or in writing by any interested
persons. Ann protests pertaining to the regularity or sir (ficiency of
he proceedings shall be in writing and shall clearly set forth the
rrrcularities or defects to which abjection is made All written
,retests shall be filed with the clerk of the legislative body on or
afore the time fixed for the hearing. The legislative body ina) waive
ny irregularities in the form or content of nnv written protest :mil
t the hearing may correct minor defects in the proceedings. Writte n
,retests may be withdrawn in writing at any time before the
conclusion of the hearing.
53337. IF 50 percent or more of the registered voters residing
vithin the district, or the owners of one -half or more of the area of
he land in the territory included in the district file written protests
gainst the furnishing of any specified type or types of public
acilities or ...vices wilful, the district, those apes of facilities or
ervrces sh:dl be eliminated front fire resolution ordering changes in
he types of public facilities or services to be provided within the
listrict.
If 50 percent or more of the registered voters residing, within tile
listrict, or mend's of One "-'If or more of the area of the land in the
•srilory included in the distriet Ole "Iltten protests against the
'vying of any additional special taxes within the district, or against
proposed alteration to an existing special vac within Ihe district,
hpsc changes shall be eliminated from the resolution ordering the
dclitional charges or taxes.
57 339, ghchea:ingmny becontinueci from [hate to time, but shall
C completed within 30 days. At Ihe con, ;usiou of the bca,blf; the
rislatiyc body may abandon vile proceedings or may, after passing
Pon all protests, submit the question of lc,)
.mg a unit, special tae or
of cl:.tmo'I4 tier r.,;r or metlu'l of app"'toinu•nt of all evnting
sncc,.d t-t\ to the qu.vbhoa rl „tan . tie• district as specified uI
Article 2 1com:nenem4 with Se.Cn,ll 5331n).
Article 4. Procedures for Levy in¢
53310. After it crannumit' I.1tlllun -s ei,t,ict has been creetrd and
authonzed to I•ye spvti6rd .oeci.il lanes pursu.nn to :diet,,
(conuneurinr, with Sect: m 5531 ) and Article 3 (commencvu; with
Section 5,3330). the h- ci,Ldive body umy, by ordinance, Ieyv 111,
5pec6d lanes of the rat., an.I apportion Berm in the IOulner spec llcd
in the re, „hnion adopted pursuant to :Article 2 femmluencinc with
S,C't1er153118, of AI tiCh• 3 lean wlu log with Section 53330), warp!
that the Ir.ti +Lefler b,ch mav bsvv the special lax at a lower rate.
Pmprrlic, nr entire -, of the slur, fv(I. rA, or other local government
sh:dl by exempt It one such special t.re 1110 pfoccrds of :my'
special tax n: .,y only her +rd to pa r "bole or part. the co+t of
luV idurq pohl w [.vrlli t ie, �md xf I,,s'pu rstant to this chapter. 7 he
speu.d tai: may be collected in thr some manner as ordinan art
valorem pro prrt v t.rct s are ecllec ted and Ill :tv be subject to the sA me
penalties anti the same procedure it sale in case of delinquency as
p,e.,ded for the is,, ,. or.moth,, nniecdu r, may be adopted if the
Ie�;i.latiyc body pe rferc 1 be lag cclleetnr mac deduct the reasonable
ado :nutrative co +ts incurred ill eollccting the special tax.
..- 131.12 . For any comnu :pity Le'd ties di.trict or zone thereof, a
lel;i Later• bode arty f” and collect charges to the same manner as
for iui+eell.meous extruded +epic es in county a•rcice'are.l,
53343 .1ny cba,gs col lee n,d pr nt to this chapter ;nay only
be used for facdaws and services authorized lo chapter.
Article 5. ponds
51'1 -I5. Whenever the Icgtslafive body decnw it neccwary for the
cnlUoulo h Lrciluirs dVtrict to incur a bonded indebtedness, it shat.
•a > by resolial oil, set forth all of the follmr ing-
(a) A declaration of the necessity for the indebltdnes.
(b) 7l re purpose for which the In oposed debt is to be incurred.
(c) 'I he amount of the proposed d,ht.
(d)'fhetimeand place foraheanngby [h0legi+lativebodc on the
ro �+ prop,wd debt h,ue
31116 1'he clerk of the leg:,IAivc body shall publish a notice of
W the hea:inq in a newspaper of general circulation circulated within
tire district.
57317. •1 he copy of the resolution pubbshed nr potted shall be
tec,urponicet to ,r notice sul,I,nI ad by file clerk than
(.r) 11” he.Inalt raf""d to is th, resolution will be at lh, tine
and pl.rce specified In the rr,obau,u
(b) At that lime and place any person interested, including all
-,cons owning property in the area, will be heard upon the
eiposnd debt issue.
57315. At the time and place fixed for the hearing on the
sale ::cn declaring the necessity for incurring the bonded
d.bt_.inass o: at ;u:c time and place to which the hearing is
liourned, the legislative body +hall proceed with the hearing.
;7349. At the hearing any person interested, including persons
Ming property within tb, :rrca, may appear and present illy
afters material to the questions set forth io the resolution declaring
e necessity for incurring the bonded indebtedness.
533:.0. For purposes of financing specified public facilities, the
gislative body may by resolution designate a portion of the district
au improvement area. The area shall be known as "Improvement
tea No. - -_ of - Community Facilities District _"
fl or the formation ofsuch an improvement area, all proceedings for
.reposes of a bond election :ctrl for the purpose of levying special
axes for payment ofsuch bonds shall apply only to the improvement
e.1 for those specified facilities.
57351. After the legislative body has node its determination
ursuant to Section 53350, if it deems it necessary to incur the bonded
rdebtedness, it shall by resolution state all of the following:
(:p That it decors it necessary to incur the bonded indcbte•dness.
(b) The purpose for which the bonded indebtedness will be
icurrcd.
(c) Either of the following in accordance with its previous
etcnnination:
(1) That the whole of the district will pay for the bonded
rdebtedness.
(2) That a portion of the district will pay for the bonded
rdebtedness, which portion shall be described in the resolution of
le board made pursuant to Section 53350.
(d) The amount of debt to he incurred.
(c) The maximum term the bonds to be issued shall run before
Iiturity, which terra shall not exceed 4!1 }'cars.
(Q The nraxiunun annual rate of interest to be paid, payable
nnually or semiannually, or in part annually and in part
n-niannually.
(g) That the proposition will be submitted to the voters.
(h) The date of the special community facilities district election
which ring be consolidated u'ilh a general or special district election
icludurg an election to levy a special tax) at which time such
reposition shall be submitted to the voters; the hours between
:hich the polls shall Ire open; the boundaries of voting precincts
:ithin the district or portion thereof benclitrd by incurring the
onded indebtedness; the location of polling pl.rces, and the mules
f the of:icers selected to conduct such c4acti an in each precinct who
hall consist of one judge, oel inspector, and two clerks.
57.732. The resolution provided for in Section 53351 shall
U ch. 1.151
—13--
rlectian and smh
,eS ut a -".6'1 "', of general circulation
co. ututo tl.c lot' :hlnl such ,;nrn,,l Uon
I-- t!s "re',. the fro, bivas
ctrcui: ;:ng the
53',53- 1 "' cp[.:S Otl:eRni`eipertI ""Ithelholls clrclnrs. .
Qte rfutcs ,8 cloct'an oEbccrs, the canc.0 >Cng of
of tbo laecto,a c „de nhdmg
ntattrr,,r of .ulna. -
an I all other parlill' s in re ,.prct to thuvrerar:dl electors
n'turu,,
shill Ue conducted in the
e {: cliutn mso:ar .r: tbcy Ili Ii Uc apphc,;;,lc sh.,
pacx +ova N it,,, �r ocle c 3 of ibis
nvnrrer to the levy of a spec. :,I is ana the
>pccdisV in XNiou 53.34"_3 vi this c r.q+ el'.
53351,5. Yropo "'(ions MIAMI' it the
ivarrriuy of 'ocor{ed h,tebtrducss under this eta{
combined l,f cue 1t.t}}ut p «'D'_rvnon whenever
convenient,
direction of the Il'in .tarn( U.nh'.
;il3i4. 1C l'ne oral rlc.inne 1,111 in the resolution adopted pursuan
t t treed for the vote u" °n lent
to Section 5:+J51 dog•, not include the entire , tile Upon noes
Sorrier, .t svpar,dc ballot shall br 1 - •f'
prapae'twn s ','it y the voter, entitled thereto shall be given each
of a:ch bonds and only
ballots. shall be required for the ter. ce of
53355. ' two- Ihiids vote
revcuuc antial :aUon bonds under authority c, this c lap e .
o[es cast at the election are
the indebtedness, the legislative body' earl }', by
53356. lE more all t hvo.cht ucdilc s, provide for the
in facur of i,,t trr'nb deems proper,
rc,ultion. at the time or times i[
fellawal'”,
form of the bonds.
"ties uon of the Uot of tllr, bonds. the
lu t. trio ::ace of any Pa the chairperson of
5335'. 'l b,I bolds shall b . signed by
shall be sinned by [hu
lexithnivc body and co"In",gned by the clerk oC the legib) ti e
body or Isis or her d:puty and the mug
clerk nC the Irtiislative body or leis or her dePaty. All siGnalures
Iniwilmphcd
arson the hands or
urecl;t that of the cl:•rk on the bonds maybe l"Irs
o > or engraved. If any officer tthusO signature e de .
n om* coupons n•,tu's ro be such officer before the T"OIJAry of the bonds.
able at the aCGce of the treauner of the local
n his or her 'I'S to is as effective as tC Ile Iu;d n•nnined in office. Al
n v
" 3bond, shall be ill 1'
a(:cnec_ 'si:diva body Gras and levies
533.5y. Ea(h year at the time the IcP. (acilitirs rhs;r ict it ,ball
» s for the c",.... rutty within the
seer. J'accs:utrl (Large lecial t"IS 3rd e. vvSc`n".t of the
also Lx arrd lovy that tunount o sl Uundcd dobt of the
cmnlull" .facilities district°` °Flay "Osthlnlingor tile t s hlc Burins: the
and Wiliest ;zeal
priltcip:d of
ti Ira, or ch �rnc'hall be I""'I',nll I'nlle(led
ttnn'mtmt} [,t, ihtirs rLstrict 6or c 1-11 G due �.unr loaner
'lung ) r ,r- ti;:oh sec .,
xci:d tams and eh:u6es ore Ie1icd and collected for
by the >anr:. (!Leers an:1 a[ the >anr; lime and itt t :c
that all Other SP
"c'!
b ;51 clot tract
1hridinG
a-n :: m.... L,clitl't ditlric[, Prot
o lbal sorb sec .
zed char gcs tlo not c,cecd the audmnb. .1 (,oI by : ill w
and article 3 (It. Wen lung with
cunnncuctug "'tdt Sccttun "3311)
I (lion 53336).: \Il sit 11 cullcctons shall Uc paid iuto rho nunnuuuty
rr uu'nt uC dtc Princip:d of
Lr_ihlirs rIi,trict 1>ott I load fur suds 1) ",111 contt'tumty. icip lto
.h,tnet .uttt shall bu rued solely far the 1 r
.e+.l interest on the ootinrnding Uonds of mch eomntwnty bsilities
3.IJ. -i9, : \n action to detentne the culidity of bands may to
bnutght P °rs °ran of tile t'Lade oC C:ieil Procedar cth Section BbU) of
ralc IU of fart no I ter than IU days poor le
53759 �, The legislative burly shall, ivelarincn notice of the
Commission. by with
�le sale of :my deb[ purnrud to this arlic c, g
pro�osud sale to the Ctili(urnia Debt Advisory
onta Oe prepaid, :" required by Chapter 12 (commencng
dian g6ai) oC Uirkton 1 oC Tide 2.
✓ 5336(1. The contrnunity Facilities district rally sell dle bonds so
rovidcd, [hat all bonds shall be sold all
u,ucd at fire tinges or in [he nlanoer the Icgislt'tivc body deems o
lie to the Public interest, p 'fter aaVeCit"ag for bids by
.a:lcd pmposalt to the haIbent bidder, : ,enteral circulation
Public:tlion of notice of s:de pursuant to Sccion 533 °, not lcu than
Its de It error to lbc [laic °(sale in a ncws'paper of 6
is ruhdinG in the arc, If no bids are receisrd or if dre ;is to Price
body delennincs that the bleks received are not salisGtc[ury as to price
or r,'Ili r "le of tie bidders, the legislative body truly boo e'pu
I'll's rccoive it if f utrl either readvert ise or sell [he bonds at
prit:ctc salo . district organized under and
33361. Any bonds issued by a
provisions of This chapter are hereby given lhu same facce,
use'u bonds issued by any municipah[y and shall be exempt from all
taxation within the state.
fur the rust funds
$3361 -1. P.II 1>unrls isntcd by any district payable ill,- U litxftrnrls
charges are Icg:d invesl'm :s ilterstderschooh (ands.. cities rmrl
of :dl insurance comp :nnesI cuunnc•s.
"'Inch ortschool districts! or muti'cipalitiestIn tile. slate .
counties,
bonds iswccl or to be issued by lbc
533614. lChcncvc[ lho Imil"I lit'e body drelares by [eso u'on
that it dcetus it dcsir ale that any or wbenel rr
couunu'uty L'cilitict list rict or an mgtruvc;ncul :uc, thcrcut should
Uad of a special li,rict is re'V... to seek
ha• car UI icd 1>Y [he. 1 rcasurcr as pruvidrrl m lilts sect'° °.
lhr tcl;i J.,IICe y u[,uaat to the District
other proeis'u'ts of la",
the
rcrth ial L' of its hoods by llrc Treasurer c It ion "i- the
tiro „'ni,.q lncrsliGalir „t Late u[
I,y :islaliea body shall fill' a "'Al II,( copy O( the• rys + be
'1 ir,r.t't rr p1ccnnf :'etiunr' and cn `rtlicaliun 6)e. tnaMltcrtsrcunr'll aiuI the tile nuhjocI to in 1
wo of if tc'('rrasurrr till bonds arc ar <
re. enucs and other fours,:y+phc,tble to the p:q'tnen[ of the bonds are,
—IS— Ch. 1451 -16—
Ch. 1451
or upon the zcq�usi :fun, co,,+troInon, or ilnprocem.ent of the
ee.ter {:use for wt:ch such Lends ,err or are to he iswe•d. ,dl he
sufficient to I.ay the priuopal of sad interest on such Lund', the
Treasurer st_dl errti(y that such bona are legal im'ostutet•.ts for all
trust fund'. (or the funds of all insuranee comp.mies, the state who "i
funds, :Ind :Inc fuud:, other than funds of savings banks. which Into'
be invested in bonds of gibe. mu,,tics, cities and counties, school
dGtricts, or muniCoy 111ties fn the state.
a33Cr'_. The Ir±;olati%c bade nhay. be resolution, do the follovriuc:
t.1) Submit to voters .. neasu, e to issue new bonds to refund any
or all of the district Loads outstanding.
(b) Submit to the voters of any improvement area n rteanne to
issue re%v bonds to refund any improvement area bonds outstanding.
'the measure may be voted on at any district election or an election
may he called for the purpose.
5335.3. ll.r procerluc• upon the election shall be in accordance,
SO Car aS applicable, 1`116 the procedure upon an original issue of
bonds, except tit.rt na hearing nerd be held.
533Q 5. The refunding bonds may, if the holders of the bands of
an original issue .uid the legislatn e body so agree, be exchanged for
original bonds. The face salve of refunding bonds exchanged for
original bands hoil net laced the (ace %:due of the original bands.
S336S. llte Lgul.rtice Ludy' may use revenue to pap' principal :Ind
into rest of the refunding bends in the sane manner as prescribed for
pal usnt of Lou ds of an original issue.
4336 L5. Ali, is, Inds issued by the district may be made callable by
resolution of If ie lrglelalive body adopted at or prior to the time of
issuing the bonds. Will,, bonds are made callable a statement to that
effect shall be se[ forth on the face of the bond. Callable bonds may
be nrdrern ed on are% interest toomenl date prior to their Used
maturity in such amounts and manner and at such prices as the
Irgislative body may prescribe in the resolution provided for in
Sec tiau 53351.
533'.'.. Notice designating the bonds called for redemption shall
rt be published par slant to Section S33t'_ in a netvspape•r of ge -nrr..
ro I circulation: circulated in the area- "I'he First publication of the
A a redemption notice shall not be Icss than 30 nor more than W daps
y v poor to the date fill d for red,,niption.
533'6 5. If on the date Gsed For tedempuon, file area has
a " provided funds aeailabl, for pavrnrnt of the principal;u d interest of
,e the bonds called, interest on the bonds shall cram.
SEC:. ^_ Notn'ithstaudwe Secnon 6 of :\rB"e \11111 a( the
CA:fon�ia Curstitutioo and Socnou'331 or 4'31 of :Le 1" cnuc :Ind
1 axaliou Cedc', no appropriation iv made by fhs act for t!n. purpaw
of o,,king teim'.n:rsvmena poneand to thr" sect unt' It iv
recognised, houcver, that a local age ocv or scl:o Cl district nuy'
punuy any remcdics m obrhin lel:nbursruhcot a%aulahlo to it Coder
Chapter 3 (commencing %%fill Section 2-201) of Part 1 of Ilivuion I
of that Code.
SiEC. 3. Nota'ithstandmg Section 72715 <,f tiaa llelcnCe and
Taxntiml Code, this act does act Contai' a repealer, as roquircd by
that section; therefore, the p to, slons of [iris act shall remain in effect
unless and until they are amended or repealed by a later enacted act.
C
14 11 or. c cs ar
BKOWN U NAZ.AREK
v
z '
•' n " "'-
IRVINE. CALIFORNIA 92]15
eu
^a G[Mry •
�>4 >st B�9.
IVI�[aa Z[ a 41 ]sa �c_a
.January 11, 1983
City of Rancho
Cucamonga
Post Office Box
807
Rancho Cucamonga, CA 91730
Attn: Lauren Wasserman, City Manager
Re: Mello -Roos Community Facilities Act of 1982
Assembly Bill No. 3564
Dear Lauren:
On January 2, 1983, the "Mello -Roos Community Facilities Act
of 1982" became effective (the "Act "). This legislation, adds
Chapter 2.5 to Part 1 of Division 2 of Title S of the Government
Code (co:cmencing with Section 53311 of Government Code).
The Act provides an alternative method for local agencies to
finance construction and /or rehabilitation of facilities and to
finance fire and police services by the imposition of a "special
tax" approved by two - thirds (2 /3rds) of the qualified electors
voting at an election, held within a Community Facilities District
(tire "District ") or Improvement Area formed by the local agency.
P u t e rxo re, the Act provides for a noticed public hearing;
majority protest by voters or landowners; formation of a District
and improvement Areas; advancement and /or contribution of funds by
the local agency; modification of proceedings approved by the
electors by subFeque,t and issuance of bonds
secured by the special tax.
The epecific feature:; of the Act and comments of this office
are summarize( as
APPLICATION
Th•� :.ct ma :• be used by a "local agency" which is defined as
any city or c,�1 district., ..., district or ot'ner
tnnn Lr. p:Ii corporaLion� or district (Subsection (f) of Section
51317). upon formation an] approval by th, electors, the District
biomes a 1c�ially cunstituted governmental entity for the purpose
of carryi:rr on specific activities within clef ined boundaries
(Gectior. 53712), F'u rt.;in rmnre, the use of the Act. (foes not affect
or l:mi`, in'i ol.:u�r provi Jinn. of law authorizing or providing for
the furn:.;n1nq of fa- cil:t.irc; or sorvices or for the raising of
.••ven1m or :;ucL purpose:; (Section 53311.5).
-----------------
otherdisc nnrcif led, all statutory refe.rence.s shall be
to Government I; pr3e.
Attachment "C"
Page 1 of 11
4 crrccs o�
BROWN A NAZAREK
City of Rancho Cucamonga
January 11, 1983
Page Two
SPECIAL TAX
it should be noted that the Act does not define a "special
tax ". Section 4 of Article XIIIA of the California Constitution
provides:
"Sec. 4. Cities, counties and special districts, by
a two - thirds vote of the qualified electors of such
district, may impose special taxes on such district,
except ad valorem taxes on real property or a trans -
action tax or sales tax on the sale of real property
within such City, County, or special district."
* Comment: In light of the foregoing language and appel-
late_ decisions rendered subsequent to the passage of Article
XIIIA, it is the recommendation of this office that particular
consideration be given to the manner in which the "special tax" is
structured.
FACILITIES AND SERVICES
1. Facilities. A District may provide for the purchase,
construction, expansion or rehabilitation of any real or other
tangible property with an estimated useful life of five (5) years
or lonnar which is necessary to meet increased demands as a result
Of deg: eiOt. -lent OC re�idui' - on occurring within the local agen.^^
(Section :13313.5)• The District may provide facilities, including,
but not limited to the following:
(a) Local park, recreation or parkway facilities.
(b) Elementary and secondary 66.0ol sites and structures
provided that the facilities ma=t standards established
by the State Allocation noard.
(c) Libraries.
(d) Any other governmental facilities which the legislative
body is authorixad by law to construct, own or operate.
2. 5l•rvico The District may provide for certain "serv-
ic -v; ". T: term "services" is defined to mean the performance. by
emr)luy�re.; of functions, operations and maintenance and repair
activitio^ in order to provide police and fire protection
(v) of Section 59317).
* Comment: It sh,),11 ,l
canno1 . bised for operation
nbin 10 r. Facilitio:;, unl„o;
fire prnt.vcti on.
he noted that the "special tax"
and maintenance expensen attribut-
the Facilities are for police and
Attachment "C"
Page 2 of 11
nw C«rCC'.: W
BROWN D NALAREK
City of Rancho Cucamonga
January 11, 1983
Page Three
3. Developer Fees for Park and Recreation. If a Facility is
provided under the Act, a duplicate levy, fee or other exaction
may not be required from a developer for the same purpose under
Section 66477. This Section authorizes a legislative body to
require the dedication of land, payment of fees in lieu thereof,
or a combination of both, for park or recreational purposes as a
condition to the approval of a final map or parcel map.
ADVANCEMENT AND CONTRIBUTION OF FUNDS
1. Advancement of Funds. From time to time, the local
agency may transfer funds to the District or Improvement Area
from an•v lawfully available source. The funds transferred may he
used for the payment of currently payable expenses incurred as a
result of establishing Facilities or services prior to the receipt
of special tax revenues. The local agency may also establish an
interest rate on the advancement of such funds (Section 53314).
In the first fiscal year in which a special tax is levied,
the local agency must include a sum sufficient to repay any
amounts advanced including interest thereon for the purposes
specifies: in Section 53314; provided that, by resolution, the
local agency may extend repayment of transferred funds over a
period of not to exceed three (3) consecutive years (Section
53314.3).
2. Revolving Fund. By resolution, the local agency may
appropriate any— 1�—uf y available funds to a revolving fund to be
used for the acquisition of real or personal property, engineering
services or construction of Facilities. The revolving fund must
be reimbursed from special tax revenues or other monies available
from the District. No sums may be disbursed from the revolving
fund until the local agency has, bv resolution, established a
method and ._ - cg-., five (5) year; •within which the
Di3tri Ct. mu.gt reim'gnr3•. r'voly no ....,.. nclud; no interest
thereon (Section 53314.5).
3, r_ontribution of Funds. Either before or after formation
nC the Di.: •. ri.tt, Cno oc.0 3'3 nc'% maV, b;• orrlinnnca, provide Eor a
cont.rii ;chop of funds Cron any lawfully available source to the
Di!;tricl to acquire or construct Facilities, acquire real prop-
erty, provide for Ser` ✓ice, and /or pay expenses incident thereto.
Thy; cnntrihiaion does not. constitute an indebtedness or liability
Of the 1., c.il ag,.;ncy (Section 53314.0)
PROCEW!:i F. FOR FORMATION
1:: i f ;.it i,n. to esta'oliah the District may he
Attachment "C"
Page 3 of 11
BROWN G NAZ" RFK
City of Rancho Cucamonga
January 11, 1983
Page Four
commenced by either of the following methods (Section 53318):
(a) A written request signed by two (2) members of the
legislative body describing the boundaries of the
District and specifying the types of Facilities and/
or Services to be provided; or
(b) A petition signed by not less than ten percent (10%)
of the registered voters residing within the territory
to be included within the District, describing the
boundaries of `he District and specifying the types of
Facilities and /or Services to be provided.
Within forty (40) days after receipt of such written request
or petition, the legislative body must adopt a Resolution of
Intention to establish the District (Section 53320).
2. Resolution of Intention. The Resolution of Intention.
shall contain the following statements (Section 53321):
(a) State that a District is proposed to be established and
describe the boundaries of the territory proposed to he
included.
(b) State the name of the District as Community Facilities
District No.
(c) State the types of Facilities and /or Services proposed
to be provided.
(d) State that _ tax y _ V annually levied and
s;:acify the rate and method Of apportionment of the
.special tax in a manner suf_iciant to allow a landowner
or .__ident to _sti,nate .he _...._al - ..._ -.n.t to be paid.
(o) Make a fi.n.di::a _..__ _.,e pr.;pc.:ed . -..c.l itiel and /or
Services are necessary to meet increased demands imposed
upon the local agency as a result of development or
rohacilitation.
(f) Fix thg tine ❑nd piacn of a public heari.na which shall
ho noL less than Lhirty (30) nor more than sixty (60)
dny, after adoption of the resolution.
*
Comment: If an 1:nprov ^ment Area and /or bonded indcht-
adn�r:; i, )Iropoued, ret. "rr,ncu is made to Section 53350 and
C''ct'onn 51345 et ;p q. for inclusion of additional provisions in
�I;� L>n of LiC �ntin
Attachment "C"
Page 4 of 11
BROWN & NAZAREK
Citv of Rancho Cucamonga
January 11, 1933
Page Five
3. Written Report. At the time of adopting the Resolution
o` Intention, -the body may direct an appropriate
officer to cause a study to be conductea of the proposed District
and, prior to the public hearing, to file a report containing a
description of the Facilities and /or Services required to ade-
quately :meet the needs of the District and an estimate of the cost
of providing such Facilities and /or Services. The report shall be
made a part of the record of the public hearing (Section 53327).
* Comment: It is the recommendation of this office that
the report contain additional information including, but not
limited to, the type of special tax; appropriate maps and legal
descriptions of the proposed District and /or Improvement Areas;
costs of operation and maintenance; terms and conditions of any
bonded indebtedness to be incurred; basis for making findings that
the lands to be included within the District or Improvement Area
will be benefitted by the proposed Facilities and /or Services; and
any other pertinent information.
4. Notice of Hearing. The clerk of the legislative body
shall publi.sn notice of the hearing one time in a newspaper of
general circulation within the proposed District (Section 53322) .
' "he publication must be completed at least seven (7) days prior to
the hearing and the notice most uo::tain the following information:
(a) 'Phe text of the resolution,
(b) Time and place of hearing.
(c) A statement that testim- n,' P11 - ,•__rested persons or
taxpayers will be heard.
* Comment: It is the recommendation of this office that
add it i.onaI t mo
.. ice be a v. =n mai' first cla_ -- ^d postage
prepaid, to ^each owner pro ^er: - - e 000_d District
and Improvement Area as thei.r, names and addresses "appear on the
last equalized assessment roll, at least fifteen (15) days prior
to Lh -: hearing.
5. Pu_bl: Dearin4. At the }u:arin.7, the legislative body
r ^C4i'p,a a'. Gest1.7ny 'dith respr,ct to the for�ation of the
Di:;tricl; C9n5trllction of Facilities; providing of Services;
c;peciai t»x; and any oU:er mee.ters material to the subject. Any
wri!.ten nr mast may be withdrawn prior to the conclusion of the
h -ar1mj t.,..clOn 53323) .
Th- )4arin�) may h contin.ied from time to time but must be
comp 1,: t., -i within thi rt.v '?q) days. At tier, conclusion of the
h�:a r:n;, ti:r Ieyt.;laCivr ;:uly nay ubandon L,.e proposed District or
Attachment "C"
Page 5 of 11
BROWN G N'A7.\REK
City of Rancho Cucamonga
January 11, 1983
?a ^e Six
may, after ruling upon protests, determine to establish the pro -
nosed District (Section 53325).
6. taaicrity Protest. The proposed District must be aban-
doned if linty perpercent (50a) or more of the registered voters
residing therein or the owners of one -half (1/2) or more of the
area of land therein file written protests against the establish -
^.,ent of t:ne District. If, however, a majority protest exists only
with respect to the furnishing of a specific Facility or Service
or wit:h . respect to the levy of a particular special tax, then such
Facilit }', Service or special tax shall be eliminated from any
resolution establishing the District (Section 53324).
7. Formation of District. If the legislative body deter-
mines to esrabllsn the District, it shall do so by resolution and
may modify its resolution of intention based upon testimony
received at the public hearing (Section 53325.1). The legislative
body may eliminate certain types of Facilities or Services but may
no- add anti Facilities or Services not specified in the Resolution
o' Intention (Section 53325.8). Furthermore, the legislative body
may delete territory from the proposed District but may not in-
clude any territory not described in the Notice of Hearing
(Section. 53325.5).
" Comment: It is the recommend -tion of this office that
ntrodu —.i -- - - ny = findings of
„enef•it'a n� ,.hat such evidence. be ••included in support
written report.
ted to Agricultural. Timber or
G17eStOC P'!r -OSes. 1,111 eeVotec and being commercially used
primarily for agricultural, timber .- .estcc: purposes may be
included within the District only .. is contiguous to
other lanai included within the axte ^r boundaries of the District
and only if the legislative body finds that the land will be bene-
Citte] i>y —any �f tho prnpn.;rd Ivice:; of aci' - Services;
provided that, upon rer: -ja =c ° - "-" ',.,,, -mayV ce included
within the District without Such`Eindinus (Section 53325.6) .
* Comment: If. such lands are proposed to be included, it
i,; tho that evi.lence be inirodua�d at the hearing
to su;,p,rr i. cif is rind ingn for inclusion and t`:at such ci) evidence
be inc l,rL21 -in the written report.
TMPRQVEMRNT ARRA
Tn finance :;a•,eifi aeiI ities, the legislative body may by
^u)l.rt,l ,n,!a;incate a !.urtinn of th,. District as an Improvement
A r�•,i
to !.- ?ngwn ar; "Tmur :)v• in,=nt. Arr :a No. of the Com-
munity ir��ci :i :.t biut ricr " ( Section
At L,ichment "C"
Page 6 of 31
�n .r CF Ct+ CI `
BROWN b NAZAREK
City of Rancho Cucamonga
January 11, 1933
Page seven
* Comment: if an improvement Area is being considered,
the legislative body should declare its intention to form an
lmpro•vmuen't Area in the Resolution of Intention and the written
report should include evidence to support findings of benefit to
form the Improvement Area.
ELECTION
1. Election. In addition to determining to form the
District, the legislative body must submit the levy of any special
tax to the qualified electors of the proposed District at the next_
oenerai election or at a special election to be held within. ninety
(90) days following the close of the hearing, whichever date
occurs first (Section 53325.3)•
Except as otherwise provided in the Act, the provisions of
the Election Code shall apply relating to the qualification of
electors, manner of voting, duties of election officers,
canvassing of returns and all other particulars relating to
elections (Section 53325.4).
2. Mailed Ballots. For a special election, ballots may be
d i s t r ibutea to qu aliEled voters by mail with return postac
prepaid (section 53325.3).
3, nualified Electors (voters or Landowners). If twelve
(12) or more registered voters reside wit in the proposed District
or Imi)rovement Area at the close of the hearing and for at least
the preceding ninety (90) days, the vote at the election shall be
by registered voters. if less than twelve (12) registered voters
resi,?c within the proposed District or Improvement Area at the
close o: the hearing and for at least the preceding ninety (90)
days, then the vote shall be by landowners with each landowner
having one vote for each acre or portion thereof (section
53325.3).
4. Canvass of Votes. After the canvass, if two - thirds (2/3)
of th,� votes cast%: in favor of levying the special tax, then
iS� ]o•3 ipl alive body shall determine that the Di,trict. and /or
r,rea is created and that the special tax may be levied
(Section 5132H).
If,
however,
]on:; t'nan two- thirds
t2/3) of the votes cast are
in favor
of lev,inq
tho •.;pedal taw,
the 1 ^gislat ive body shat
no
f»re'acr
icti -)n on the crantion
of the, District or levy of
any soeckal
tax
for a :.?ri ial rf one
year from the date of tho
e l,�ct. nn
:�:ction
r,71; ^.9i.
dttacf,ment "C"
Page 7 of 11
BROWN 1, NAZAREK
City of Rancho Cucamonga
January 11, 1983
Page Eight
ADDITION OF FACILITIES AND /OR SERVICES
AND CHANGES IN SPECIAL TAX
After the District and /or Improvement Area and special tax
have been approved by the electors, additional Facilities and;or
Services may be added or the special tax may be changed or a new
special tax may be proposed at any time as follows (Sect io.
53331):
(a) Dv Resolution of Intention adopted by the legislative
body; or
(b) By petition signed by twenty five percent (25%) or more
of the registered voters within the District.
In the event of a petition, the legislative body must within
forty (40) days, adopt a Resolution of Intention to make sun:-,
changes; provided that any special tax used to pay off an existing
debt shall not be reduced or terminated until retirement of such
debt (Section 53332).
Pursuant to the Resolution of Intention, notice shall be
given and a public hearing shall be held in the time and manner
specified for formation of the District (Section 53334, 53335 and
53336) . At the hearing, if fifty percent (503) or more of the
registered voters or if the ownecs of one -half (1/2) or more of
the area of land within the District and /or Improvement Area file
written protests against furnishing of any specified type of
Facilities or Services or against the levying of any additional
special tax or against any proposed modification to an existing
special tax, then such changes shall be eliminated from the
resolution ordering such additional changes or special tax
(Section 53337) .
At the conclusion of the hearing, the legislative body me%
abandon the proceedings or, after ruling upon protests, may submit
the question of levying a new special tax or 'of changing the
existing special tax to the qualified voters in the manner
spree ificd Ger the formation of the District (Section 53338).
CONROI' i D A111 IOW Or PROPOSITIONS
prounnit ions relati n-, to the levy of a special tax and
incurring of t;o nded indabtedness may be combined into one ballot
perpo:;i tinn at the dl ;Cr_tion of the le'li5lative holy (Section
533`73.5).
Comment: T6c l,ig i.; la Live hod 'I may combine issues
r• L it in i to fc)r m.it. ion, PICII 4i s and /or Services, special tax,
iMpr.'ovumo.nt ar ^as and bon.dr-d ind,,h edness at a single election.
Att.ichment "C"
Page 8 of 11
BROWN C3 NAZ.AREK
City of Rancho Cucamonga
January 11, 1983
Page Nine
BONDS
1. Public Hearing. If the legislative body deems it
necessary for t - --(ie Drserict to incur a bonded indebtedness, it
shall, by resolution, set forth (Section 53345):
(a) A declaration of necessity for the indebtedness.
(b) Purpose for the proposed debt.
(c) Amount of proposed debt.
(d) Time and place of a public hearing.
At the conclusion of the public hearing, if the legislative
body determines the necessity to incur the indebtedness, it shall
by resolution determine the area to be subject to the debt and the
terms and conditions of the debt and the legislative body shall
submit the question to the qualified electors within the District
or Improvement Area at a general or special election (Section
53351).
2. Election. If more than two - thirds (2/3) of the votes
cast at the election are in favor of incurring the indebtedness,
the legislative body may, by resolution, provide for the issuance
of bonds (Section 53355, 53356 and 53357).
3. Resolution of Issuance. The resolution authorizing
issuance of bonds sTiall provrde ((Section 53356):
(a) Form of bonds.
(b) Execution of bonds.
(c) Issuance of any part of the bonds.
The bonds are signed by the Chairperson and contersigned by
the CL:rk (or Deputy) of the legislative body and the coupons are
signed by the Clerk (or. Deputy). Except for the Clerk, all
sig naturen on the bondr, ;nay be facsimile signatures.
4. Pavment on B_ond;. All bonds are payable at the Office of
the Tren;urn ±c oc the 10 c51 agency (Section 53357). Principal and
interent on the bonds arrt paid from special taxes levied and
collcct`j within the District or Improvement Area and paid into
a spoci!ii howl fund (Scrtion, 53358).
5. (:.ilifornia Debt Advir;nry Commission. Not less than ten
(1G) Jay; p-r1c`r to is �le`o� any bonor, the local agency must
131-11! written notice of the proposed sale by mail, postage prepaid,
to the California Debt Advisory Commission (:election 53359.5).
Attachment "C"
Page 9 of 11
.... _I.Ic ca c-
BROw'N 3 NAZAREK
City of Rancho Cucamonga
January 11, 1983
Page Ten
6. Sale of Bonds. The bonds may be issued at such times as
the legi.-,Ta77e 000y deems appropriate; provided, however, that
all bonds must be sold at public sale and upon receipt of sealed
proposals after publication of Notice of Sale once in a newspaper
of general circulation not less than ten (10) days prior the date
of sale. If no bids are received or if the bids received are
deemed unsatisfactory, the legislative body may reject all bids
and either re- advertise or sell the bonds at private sale (Section.
53360).
7. Exemption from Taxation. The bonds issued are deemed to
have the same force, value and use as bonds issued by any
municipality and are further deemed to be exempt from taxation
within the state (Section 53361).
S. r,ecal Investments. The bonds issued are legal invest-
ments for cruse 1•unds, state school funds and any funds which may
be ineested in bonds of cities, counties, cities and counties,
school district or municipalities in the state (Section 53361.1).
9 Certification by State Treasurer. If the legislative
bod, Bete tau nes that it rs desirable for the bonds to be certified
by the State Treasurer, the legislative body shall file a certi-
fied cony of the Resolution of Authorization with the Treasurer
pursuant to the District Securities Investigation Law. Further-
more, such a resolution must be submitted by any special district
whit; is required to seek certification pursuant to the District
Securities Investigation law or other law (Section 53361.4).
10. Refunding a.,.,,;; At any rime, the leoi.sl.ative body may,
by resolution, submit to the voters of the District or Improvement
Area a measure to issue new bonds to refund anv or all of the
existing bond, outstanding (Section 53362). The election proce-
dure shall .._ A _ _.._. winh the procedure s-d for the
original issue of. ponG.:, prov_ceo that no public nearing is
rug;iir ^d (Section 53363). Upon agreement between the holders of
bond:; of an original issue and the legislative body, the refunding
bond; may be exchanged for original bonds; provided that the face
v,;lu, of the rerunning tonhz :,,;all not excaaJ the face value of
t.in: original hands (nectinn 533Ci3.5).
11. Redemption of BandG . The bonds issued may be made cal-
h. ri�,,nlution of L7c, legislative body prior to the time of
i:; : :n.r nr.�. it the bond:; art: callable, a statement to that effect
:mist: 5o ._ forth on Cha Caen of. the hond. Such bonds may be
ret!r4mari un any intereat pa• /mint date in such amounts and manner
as l.,gir,lat;ve bod; may pr"scribe in the resolution (Section
"33r,;.3). ! ;ctire of R01111rrt)Lion must be published once in a
Attachment "0"
Page 10 of 11
❑AOWN a NAZARCK
City of Rancho Cucamonga
January 11, 1983
Page Eleven
ne'wspacer of general circulation not less than thirty (30) nor
more than ninety (90) days prior to the date fixed for redemption
(Section 53365).
VALIDITY OF BONDS
An action to determine the validity of bonds may be insti-
tuted pursuant to Section 860 at seq. of the Code of Civil
Procedure (Section 53359).
*Comment: It can be anticipated that before bonds are
issued, judicial affirmation will be required either by the
Superior Court_ or Appellate Court.
COLLECTION OF SPECIAL TAXES
Each year, the legislative body may, by ordinance, levy the
special tax within the District or any Improvement Area and must
levy any special tax required for the payment of principal and
interest on outstanding bonded indebtedness. The special tax is
levied and collected in the same manner as ad valorem taxes. The
tax collector may deduct the reasonable administrative costs
incurred in collecting the special tax (Section 53360).
All taxes so collected must be paid into the District fund or
funds to ne used for the purposes specifically authorized by the
qualified electors (Section 53358).
CONCLUSION
I ho[ )re that the foreonino .summary will prove both informative
and useful. If we can answer anv eueetion.s or assist you in the
application of the Act, please do .not hesitate to contact this
office.
5EQ6N h '4(AZARER
r'�u yene A. Na:
ALtachment "C"
Page 11 of 11
POT NTIAL PROTECT LISTING
Heritage Park, Council is well familiar with this project and we will
therefore give only cursory description herein.
The site is forty acres square, with the park being some Six acres less
in consideration of Deme ns Channel and Rancho Wash.
Heritage is a Community Park and slated amenities (per the Community
Design Committee) are equestrian facilities; two regulation softball
fields (potentially lighted); one regulation soccer field and one youth
soccer field (potentially lighted); group and family picnic areas;
par - course type jogging trail; large playground and tot lot area; off
street parking areas; restrooms; trees, shrubs and turf.
Ownership; City of Rancho Cucamonga
Red Hill Basin. The Red Hill Basin, property of San Bernardino County
Flood Control District, is approximately 44.42+ acres in size. Currently
the City employees 7.65 acres of the whole in park use under the name
Vineyard Park. This leaves a balance of 36.77 acres. There are also
1.69 acres in private ownership, surrounded on three sides by the Basin
and located approximately 500 feet west of Vineyard Avenue, fronting onto
Base Line. This piece would he a logical addition to the park, bringing
the total to 46.11+ acres.
Possible amenity content at Red Hill Basin Park would be nearly identical
to Heritage Park, trading however the equestrian facilities for a water
conservation /area at the south end of the park or more turf area.
Ownership: As previously stated, ownership of the site is, in the main,
the San Bernardino County Flood control District. Herein lies a
potential problem ... it can be resolved—but it is hard to say how much
time that successful resolution will consume. The acquisition of the
private 1.69 acres should not be a problem as it has been for sale for
several years now.
Why would acquiring use of the Hasin pose a problem with flood control?
They have cceadfastly over the years maintained that the Basin is needed
for flood control purposes. They have also said that we can use flood
control land for recreational purposes so long as it does not interfere
with their ;rime objective...f.lood control. This is proper and we have
observed and supported these principles over the years.
Attachment TD"
Iof 3
Potential Project Listing
Page 2
However, with the. completion of the Cucamonga Creek, we began to see some
new po -,,sibilities presenting themselves. Without going into detail
herein, we have proven that the entire Basin can be used as a park
without detriment to flood-control purposes. Flood control now says that
if that is the case, maybe they should sell the property, including the
existing Vineyard Park, and we would be welcomed to submit a bid. we of
course are still discussing alternatives to their first thoughts on the
issue, and feel that they will see the benefit to the District in the
proposal we are talking of. If not...the City will need to play the ace
in the hole ... that is Council members to Supervisors. However, we should
probably keep our hole card down until needed.
Arrow Park. This site located on the north side of Arrow, approximately
1,000' east or Vineyard, is rectangular in configuration (330 e/w by 630
n!s) totaling 4.45 acres. It is adjacent to the projected Vineyard
Elementary School of the Central District. It is flat in nature and has
a small house to be sold and moved or razed.
Arrow Park would be classed as a Neighborhood Park due to size, contained
amenities and drawing power. It would primarily serve those current and
future residents east of Vineyard, South of Foothill, west of Archibald
and north of Vineyard.
Proposed amenities could include playground /tot lot; youth soccer field;
'informal' youth softball/baseball diamond (informal meaning that the
areas of definition would be limited to the backstop /infield area);
restrooms; minimal offstreet parking; picnic tables; trees, shrubs and
turf.
Ownership: City of Rancho Cucamonga
Alta i,ema Pasin, Fast. This project site of 38.641• acres is very similar.
to the Red Hill Basin project. Same type of possible amenities, same
situation with flood control, etc. In working with Lloyd Hubbs on this
Basin and the Red Hill Basin, it will probably require a little more
ingenuity to convert this Basin to full recreational use. Ingenuity in
this case translates into biq dollars ... that Ise to fully utilize this
site as a Parke the Hermosa Avenue storm drain would be needed to
'Am-water' the Basin,
Cucamom ;n Reek Phase Ii. This would be a continuation of the Corps /City
trail nroj -pct from the southerly terminus of Phase I, south of Baseline,
connecting up with Cucamonga- quasti Regional Park along Flood Control
rights -of -.any. A very small portion of this project, the entry into
^.uasti is actually not in Rancho rucamonga, but Ontario.
we have been in ,ith the Corps on this project examining
alternatives. Three alters tive projects have been developed ranginq
from a City share of S325,Onn up to 5100,000 of the total project cost.
The rang^ differen:e is based r. underpass versus at grade crossings over
the 1engt'n cf the project.
Attachment "D"
Page 2 of 3
Potential Project Listing
Page 3
Deer Creek Park, a.k.a. Central Park or City Park. (AS an aside, in my
opinion, *_he name 'Deer Creek Park' ought to he used. It sounds more
picturesque... more appealing... more like some place you would wish to go
or be than 'City nark' or 'Central Park'. The latter two names are
sterile and uninviting ... a real project killer when we are trying to
market the idea.)
The PAC recommends that all or a portion of the land he acquired for this
park. This would mean anything between zero and 69.6 acres, if you
accept that the City will be receiving 29.04 acres of dedication from
Lewis Homes at this site.
The reason for this non - specific recommendation by the PAC was that they
felt that a certain dollar limit threshold should not be exceeded if the
bond issue was to have any chance for success. That upper limit was felt
to be $45 per year, per household. I£ for instance the
Neighborhood /Community Parks segment of the program was to cost, say, $28
per year, then $17 could he applied to Deer Creek Park acquisition. If
the former came in at $32 per year then Deer Creek would have $13 per
year to work with.
Attachment "0"
Page 3 of 3
Minutes
Rancho i
Park. Ad, .ry,rm.satten
....1'. meet...
Much t >, IelI
Li.ns Parr. . ^.Ommunll, Center
Meet"' vas called to order by Chdirsan Menu, a. 1:y, mama
Cali to ...60.
Present were Committee neabers Allen; Henry; pi tarsi and
Rol; Cali
Valiance. Absent: COmml ttee member Para s.
Minutes of iebrvary 17, Regular Mretinm, dnd MArch 10,
MIhotll U1 $ /10
Ad lour ned Meeting. veto t.e,,oed. The following correct"."
made.
Committee member Pit ... i requested that the Pr.,,et Priority
list on page 2 of the µ,mh IC r,setinq reflect that the list
in mot in direct order of ...... ty.
Committee ma -r vallance requested that she have her comment
regarding sports facilities (last p raph of pam,O
Pabruary 17 mee Cn.) deleted from the minor,,.
Chairman Meury rMUested that Con -Ittee m m r Allen's n e le
sited in place of hers In paragraph 5� Fa.e 2, of th,
Fehruary 17 meeting.
Motion: Moved by Pllen, s onded by Pitassi, that emotes of
February 17, t983, Regular Mamelh.. and —arch 10. 1983,
Adjourned M «C,Ilgr be approved As corrected. Motion Carried
4 -0. (Ab5n4 Park s)
Committee It ^ms:
Comnl ltee memh,ts disused formiri a c u
endaou n City
Me 11:, - Pro's
COU111 1 r .rain: the -"11-1-1 t n,ty F 1llt-, nivtrr<t
Act. AISO di se n S ed v s the rata ul a ttan of a d,I lnr a r
that the PAC members fall the el !Rotate will Approve for thr
fundlnq of lark ac.oa.,ati.e and development.
It was the c Of the. Committee that a c endatiCn be
m
,that
made.to Council a dollar r f between G15 - $45 he
tithe
as be,nn a ceptable by electorate for the
fun.51dIrrd
nding Of park .egoist ti on and deve l.pment.
The following is the oommltt<e ran ..... v Of park project
Pork Froioct Prioritt
pal Oti?-,;
I. Central Park (to 11clude ae.Ois,t -O only Of n 1`c1ti n Of
the lr.Ftrty, dependinq on dollar a bo
ant r•malntn. after
dwrl Opmrat Of Other priority Itemsln
J. 11—el'anmenf of pr ri Urc nark.
). 11—lcll—t If P., roll naei,S.
4. '•v Imp ^ ^m •l Arena nark.
s. n•v ^1 -,nrrm ,. a1.a Loma Ynat paSl n.
. v ^L.:.. -ry ,( u, m,L ;a n• ^k - r'Ila ne li.
m r...., d„ •hr Fllw,umla
.ally.
rnhn
nl
rnf
iitn d!b.i
11 .h.. �,,a ..m r%'I", the AI .,
vl• j!I �i11,
r1j -I nyls
IO a voi vl vi:
1Ir .,.I ly `h•rnt:r• r'Ya mA. maim t!rnll
b�. f..;: e.,11.;
.' nI1 nn•. ...
Attacliment "E"
;'_ Page 7 of 3
page 2
Mi on,".
PAC 3 /1? /A3
pi s,.o s: on z FeII n. whrlh e[ r. to i ,- fist r t a In
r costal ea i "I ino and de ve tapment
bond • rr n 11 t in, c en lau on of the -- . _ .,
Counzllee nc lard: n1 is ..nth a: and c vale pmPettrea
in the ray-back process of any nonis isenrdnU[ park auulutrnn
and d" c ' n..
Chairean lerry questioned .staff r ardino a time forme for the
thatsat, of a Central Park soortsec moles. Staff ex Plain,j
if Central Park was s dev -loped at this tine with the proper
elicits C ,riti.e o u
, it would be self zupporne. Rescuer,
with the T' vellsment of such works is Red 11:11 Basins, Alta Lomn
6wna and F. [ m Park, the development of Central Park c ,11
be polt,red for pe [paps 3 to At that tine, the demand
for siorts facilities would have again excreded the supply.
Itiscussiou an held iiinil,rn, the Cali", pziority list, It
u
s the c of the committee that Central Park listed a
the et priority may not he reflective of the enually hich
pr ion ty of the remainder of the )is,.
Committee di s sed the possible benefits of delleratie. two
sspa race z Zone 1 would encompass the enure City and
funds collected would be spec (lcally ` n
n t,o of a
Portion of Central Park. Zone 2 would e s that portlon of
the City ? rally west of pee[ Creek. Revenue oenerate3 by
this z world fund development of items 2 thru 6 on the
priority list.
Motion: Move3 by Pitessi, s onded by Allen, that it be
recommended to the City Co aril that they else consrd! ration to
the fol low r.q:
1 Pliny forth to the electorate a ballot m s e to
•atablish a Co m.orlty Facilities rl str :c! for the
.cow.. tic, an.i,ror development of parkland.
2. That the C.F.P. he authorized to issue and e•I1 bonds,
revenues iron which will be used fee aeon isicion and,n,
development of Parkland.
1. That two separate and distinct zones be established.
Zone 1 n oo"PPing the entire City to fund acpufsation
only of a portion of Central Park. gone 2 e orne,asol,
that r !idential Portion of the City west of Dwor Trott
to fund only the only the Alvelcpmu nt of floors 2 tlm, 6
or. the Prlo['ty list.
6. ^.at tl'.r total dolla[ a m not for the bond Pn yhsok for ell
items fl thrp el � the priority Lest, stay within Me
of $15 - :a5 a 11, Per, r+ idnntlal dvelLnJ.
An i
d fmtter, tent apprnetmatrly 2/3 of the annual doll v
ant for 11.,1, ntMn unor ,.
",nr .-0. q "e r nt ,. :M1, s.
e. net � di I. rt.r emoe, :: nllrn,whont ..
:..a.e: a,., lt'. r,. n r re or l, nrpenli ant,.
Attachment "F,"
Page 2 of 3
r
page t
Minutes
PAC L1] /P3
Staff r ttei Chullh A mC el Ttiiv n e par• .n,:. trvot lark
he dew Ind hY Hrrlb,11 di tlo4 ra
olio r. nt ill ab!t'v riUS;ar. The i..l
na'.a nni k 1t1:qul.e,rnut".ft!v:l -unt and )'cut La'.
field. nclud -i in the 1 irk +l ^s ';th Pla' /eroucdt
tiny tot playground, wcvc arras a r.,ing lot.
.Staff "Plaited t1:at iron Comer it, r of this
l
old he nuhm;ttea to the Pla nninn roo,,jor .,to Cote,—
comments and /or sugaestienv. After r r rvv Ch. y n
Commission, this park plan citI be suheettted to the.
coons, 1.
Motion: Moved by Allen, qoconled by Villince, that this plan .. e
VImitted to Plano no , ommisaten oath be follovirn suosesutons :
1. That staff 1rvoal igate the possi blli ty of ohtal[i na rn
easement far access fans Conte[ St oeet
2. That neon deve.loPnent It ad3olntno pr ope[tYr a
for access to the park be a condition of approval by the
Plarninq 7—elssank. Motion carried 0 -0. Assent:
M1rMV.
staff 3t,
Staff requested that Co— mitten team issues that they v u:d
like to discuss at future PAL neetinvs. The Committee vta te!
t Fm, would live to dl icons /revs ev tha Hllov;n.':
1. Cucamonea /rsmenx Channel l,F11.
2. ileviii. of Fllenned ralki; in the Victoria and Cerra vssta
planked :'ammum tics.
3. A last cf pork develol'ment es that :an D +::fad r,
the futo[e. (Committee ,nembers t submit traetr :1sh -
they nl.i te.l In ani s aff sill ^btaln rmue..t•1
rn.k a *drt
a. thairean Henry r elted that Cismoolte, discuss forlInc
sources at some future meeting.
AJ)cv1ngnt
Moved by Val lance, ccua lled by Al lcn, Mat 'lelt"'i he I ",ev'r.ed, d2nn',:::: -ant
Yntikn c ied a -M. Ahvent: Yanks, fhal[man 11en[Y adlournel
ilia r'eetlo, at look rem.
P"'Itf,111 ?ul, lte,l bit
Llly .hil r�yl "Y�` 'rem
..,n•inl ere., s!vhlrlmot,
Attachment 'E"
Page 3 of 3
.T
C C
V,11 yr a..�.. va.., ...............,.... ._.
MEMORANDUM
f
s
�T- 1V_�_—
Date: January 28, 1983
To: Paris Advisory Committee
From: Bill Holley, Director, Community Services Department
Subject: Mello -Roos Community Facilities Act of 1982
This memorandum discusses a possible mechanism, the Mello -Foos Cc- .;,unity
Facilities Act of 1982, for long term financing of park improvements in
Rancho Cucamonga.
It is divided into two parts... background and needed actions.
Backc,round
The Hello -Roos Community Facilities Act of 1982, henceforth referred to
as the "Act ", was signed into law September 271 1982 by Governor Brown
and became effective January 1, 1983.
The basis for this Act was to create legislation that would return to the
voters the power and ability to tax and bond themselves for desired
community improvements and certain services. This has not been Possible
in California since 1978 ': ith the adoption of Article XITIA as par: of
the State Constitution.
At this point it may be helpful to refer you directly to the attachments
hereto on the Act, which are:
1) The Mello -Roos Community Facilities Act - A summary;
2) The Hello -Roos Community Facilities Act - The text; and,
3) The Hello -Roos Community Facilities Act - Analysis by Brown b
11anarek
mhe proce7ures involved as you can sec, are complex. However the
prina,},io is straight fcrwar.l... that is, the citizens are collectively
savi ne, if =,icce,;:;ful by a two - thirds majority vote, that they are
will'irq to finance capitol improvements over a period of time, much like
buyinw a hnnne Pr autnmobi] And like huying a house or automobile,
payreotr, nn t.te r•ipita) improvements are made each year to the bond
ho Ner, with rote rest, in much the semis way as they would be made to the
morIgaq.. nnl,tnr of il:,•ir , title holder of their vehicle.
Attachment "I"'
Page t of 5
Mello -Roos Community Facilities Act of 1982
January 28, 1983
Page 2
Another similarity exists within the last example. Like the average
individual who can not pay full price for a home in one payment, the City
cannot provide the cash to build the necessary park improvements in one
payment either.
I hope you will forgive my simplistic analogies drawn above, but this is,
in my view, the way it must be explained when we present the idea to
PTA's, youth grouPS, etc. In other words, explain it in terms that each
of us individually can relate to. To do it in terms of constitutional
restrictions, majority protests and resolutions of intention would sound
to most of us like more governmental 'mumbo- jumbo', and therefore,
something we wish nothing to do with.
Needed Actions
FIRST, a listing of projects to be addressed by the Community Facilities
District Bond must be established with their related costs and
priorities. In the chart on the following page, I have listed some
potential projects and their related costs.l Recognize that in an
exercise of this sort, some constants must be employed so as not to
compare apples to oranges. In reality, however, each park's construction
cost is different, therefore these costs are not precisely correct for
each park individually, but are correct for collective comparison and
discussion purposes. The established constants are:
1. $401000 per acre for land acquisition;
2. $48,000 per acre for park development; and
3. 7t of development cost for planning /engineering.
Havi n, reviews: the eleven potential projects, the bottom line cost would
he $10,501,750.
What would this amount of noney cost the nistrict... what would it cost
the homeowner in 'yearly payments'?
With the worst interest case posnihle, 12%, over a thirty year period it
would cost, a total of $34,501,626.42. over twenty years, rather than
thirty, that figure would he reduced to $28,331,670.50, A savings of
56,269,957.92.
with n $5 pillion dn;iar saving possible, why consider the thirty year
op do 11.1
❑ndrr tl•.e t.hir•:y y"ar i 1 in the homenwner would have yearly payments of
$67085. With ,, twenty Y•`ar pnyha•k, tho annual payment would increase to
$83.74, ft in turn n rat ter of Sovtngs versus viability.,.a matter for
your cnn;id••ratinn.
1i'tti mr •.11 o, ;nhtcct, to change through additions or
te Lit v:r: dari r;: revi,•w r � tln• pirkr. Aivispry Committee and Council.
Attachment "P"
Page 2 of 5
C
Mello -Roos Community Facilities Act of 1982
January 28, 1983
Page 3
POTENTIAL PARK POND PROJECTS OF THE COMMUNITY FACILITIES DISTRICT
(Alphabetically)
TOTAL
n
3,100,000 366,750
7, 135,n00 10,601,750
ALt41C11mgnL "1 "'
Page 3 0l 5
DESIGN/
LOCATION
PROJECT
ACQUISITION
ENGINEERING
DEVELOPMENT
TOTAL.
Alta Loma Basins
Youth Sports
0
$33,000
$ 480,000
$ 513,000
Alta Lora Park
4 Tennis Courts
0
8,750
125,000
133,750
Arrow Park
Neighborhood Park
0
16,000
240,000
256,000
Central Park
Sports Facility
$2,500,000
184,000
2,640,000
5,324,000
Cucamonga Crock
Trail /Rest Stop
0
0
285,000
285,000
Cucamonga CreeY.
Phase II
Trail
0
0
200,000
200,000
Hellman Park.
Neighborhood Park
400,000
33,000
480,000
913,000
Heritage Park
Community Park
0
0
1,350,000
1,350,000
Hermosa Park
Neighborhood Park
200,000
33,000
480,000
713,000
Lions Park
C.C. Expansion
0
26,000
375,000
401,000
Red Hill P,asin
Park
Sports Fields
0
33,000
480,000
513,000
TOTAL
n
3,100,000 366,750
7, 135,n00 10,601,750
ALt41C11mgnL "1 "'
Page 3 0l 5
Mello -P =3 Community Facilities Act of 1962
January 28, 1983
Page 4
Along those lines, are the yearly payments too high with either option to,
gain a two- thirds majority? Again, a matter for your consideration.
If the answer to the last question is 'yes', how can the payments be
lowered?
The answer, of course, is to reduce the amount of the bond, which in turn
will return you to the potential project list for specific project
reductions. Then run the figures again until a satisfactory result is
achieved.
Or, take it from the reverse direction, which is very practical, but is a
compromise. of 'purist' methodology.
Start with a payment which is viable and work the nunbers up rather than
down. For instance ... an annual payment of $24 is felt viable by the
committee... what would that generate in bonding ability spread over
twenty year;? Approximately S3,074,500. what would this $3 million huy
from the prci -ct list? Does the issue still have broad enough appeal, or
'something for everyone', to command a two -third majority? Again, this
is another item for your consideration.
The key, fro, my perspective, is "balance ". Enough broad based
improvements to be attractive and provide good community recreation
facilities wl•ile at the sare time maintaining a payment schedule low
enough to hm financially viahlo and attractive to the individual voter.
Sounds simple enough, right?
SECOtM ACTIC11 ITEM would be to formally present your finding and
recc:,mend.atiens on the Community Facilities District to Council along
with support data and suggested project listings.
Concurrent to Preparation of your final recommendation to Council,
figures -,ill b^ tightened up and specific implementation method
addressed, so that you u7i31 eresent a complete package.
THIRD ACTirN ITEM will he. Council direction.
If it is covneil• ;' direction to proceed, Pond Consultants will be,
' formally' r,it,ine,l (at this ti:ac we are receiving 'informal' support
from smv,,ra3 firms on I'hi:; project at no cost), and we will then begin
the procrv;,; of sreatinq the district; determining whether it should go
Road, Anticipation Notes (RANs), Certificates of Participation
(COP: ;), etc.; Pgihl COMMunity support; and last, wiuninq the election.
'Phi:; mer :,: r'nulum h)as gcnr nn lon,: n,ugh, but there ,lre several other
points t ention fot your rrnsuleration concerning paybar:k on the bonds.
The h•y:.., .,,t, :.11 levees nn IIo° wn ^r: cited nbnve to retire the bonds i:;
ha.n3 on •-he ;went residonl.;al hnmvin9 .stork of approxinately 17,:10'1
unit;. ,; n'•w unity are adder, the 'base' will h.r ^•aden for annual deft
Attachment "F"
Page 4 of 5
Mello -Boos Community Facilities Act of 1982
January 28, 1983
Page 5
retirement, reducing individual assessment each year. Victoria and Terra
Vista alone are forecasting construction of over 17,000 units during the
next 10 to 15 years... depending upon the economy of course. That's
significant, but unfortunately a point that won't gain many votes.
Lastly, we have mentioned only residential units in bond retirement.
What about industrial, commercial and vacant land? Do these entities
derive any benefit from being located in a well developed community? You
will need to consider this as well.
At the meeting of February 10, 1983, I would hope to have initial
Committee discussion and direction regarding a project priority
listing...what you see that you like... what we can do without...and also
what you don't see and would like to see.
If you would like to discuss this item prior to the meeting, I am
available at your convenience,
P.S. There will be other items forwarded to you prior to the 10th
concerning existing sites, and, the park dedication ordinance
under the Foran Dill.
WLH: no
cc: City Council w /attachments
City Manager w /attachnents
Attachment "F"
Page 3 of 5
h�•cit r pwrgz a r4 owd
i
NOTES FOR MONDAY NIGHTS PRESENTATION:
It has been nearly six years ago that the City of Rancho Cucamonga
incorporated. Three central issues in the incorporation effort focused
on local control of planning and development; improved police protection
for the community; and increased park and recreation facilities.
The first two issues have been addressed and the higher desired standards
implemented. We now have responsive local planning and engineering
services directing their full focus of attention to our developing
community, We have over the last several years enjoyed a very fine level
of law enforcement through contractual arrangements with the San
Bernardino County Sheriff's Office,
In the third area, parks and recreation facilities, we have come a long
way since incorporation...
• Completed a Park and Recreation Element for the General plan;
• Completed construction of Alta Loma Park;
• Completed construction of the Rancho Cucamonga Neighborhood
Center;
• Reconstructed the Lions park Community Center from the old CSA50
building;
• Acquired the forty acre Heritage park site and are currently in
the final design phase on this project;
• Acquired the Arrow Neighborhood Park site;
o Acquired the first phase of Hermosa Park;
• Etc.
With all the above items and several others not listed, it can indeed be
said we have come a long way ... however we still have a long way to go
before reaching the community desired level.
In building the properly balanced park system, the limiting factor since
the outset of our venture has been a viable source of financing. That
is... the money to acquire the land on which to build a park, and of
course, the money to make the raw land into a park which people can enjoy
and use.
what are the available options with regard to financing park acquisition?
General Fund? Examination of the General Fund Budget from the beginning
of our City up to the present would indicate that this is not a viable
alternative.
State and Federal Grants? The Grant picture has dimmed considerably over
the last half decade. Grants must realistically fall into a
'supplemental fundinq� category. In other words, we can use it if itts
available, but we cannot count on it to build our park system.
Development Fees7 viable in terms of servicing the newly developing
eastern area of the city, but viable to a much lesser extent in the
already developed portion of Rancho Cucamonga.
Assessment District? Not viable in terms of infusing up front the
massive amounts of capital needed for financing improvements such as
development of a 40 acre park site.
Donations? Like grants, community minded donations of land and /or labor
must be viewed as a viable and welcomed 'supplement' but must not be
expected or counted on to get the job done,
Redevelopment? An unknown. really. Changes in State Law and assigned
priority of undertakings by the RDA would seem to indicate that this
source should not be counted on.
So where does that leave us in terms of a viable funding source?
One option is bonding.
If it is an option, why haven't we used it in the past?
Since 1978, the voters in California have literally not had the ability
to vote for capital improvements in their cities which would be paid back
over an extended period of time ... i.e., the General Obligation Bond,
which was the prime vehicle in the past for construction of schools and
parks, was no longer possible after the passage of Proposition 13.
In 1980, a poorly worded remedy to this problem, State Constitutional
Amendment No. 26, was put before the voters. However, so many 'trailers'
had been added on to SCA26 that it became unpalatable and was soundly
rejected at the polls.
In 1982, Senator Henry Mello (D- Monterey) and Assemblyman Michael Roos
(D-Los Angeles) introduced into their respective houses, successful
legislation that became known as the Community Facilities Act of 1982.
Under the 'Act', long term capital financing was again possible when
approved by two thirds of the voters casting ballots. After being signed
by the Governor on September 27, the 'Act' became law January 1, 1983.
What are the features of the 'Act'.
1. This Act provides a method of financing certain public
facilities and services through the establishment of a Community
Facilities District, (hereinafter referred to as CFD), which is
a legally constituted governmental entity created for specified
purposes.
2. A CFO may be the vehicle to provide for acquisition and
development of certain public facilities, including parks.
3. The CFD may levy a special tax or charge for facilities and
services provided to the district.
4. When CFD funds are earmarked for a certain project, other fees
may not be collected for the same purpose. (Example:
Neighborhood Park "X" is to be totally acquired and constructed
by the terms of creation of the CFD, therefore, we cannot
collect development fees with Park "X" as the stated destination
for those fees.)
5. The term 'services" under the Act refer to police and fire
services only. (Example; The CFD can build a Police Station
and provide Police personnel to operate it, however, while the
District can build a park or community center, it cannot provide
the maintenance forces or Recreation personnel to operate those
facilities.)
6. The District is established by the legislative body (the
Council) or by a petition submitted to the legislative board,
and approval of its creation thereafter by 2/3 of the
electorate.
7. Only the facilities and services specified in the Resolution for
establishing the CFD can be authorized for activity by the
District without returning to the electorate. (Example: The
District had as its premise of creation the acquisition and
construction of only parks A. R and C. Parks x, Y. and Z are
not eligible for attention by the district without voter
approval.)
R. The CFD may incur a bonded indebtedness, for specified purposes,
also requiring approval by a 2/3 majority vote of the electorate
(Note: The creation of the District with its levy of taxes or
charges, and the authorization of bonding by the District
without the bonds, but you could not issue the bonds without the
district. The two issues can, however, be combined into one
ballot proposition at the direction of the legislative body.)
9. The CFD levy of taxes or charges will "sunset" at the conclusion
of the need for such funds for projects of the CFD. (Example:
Park A costs "x" amount of dollars over 10 years. When "x"
dollars have been generated and the debt incurred for A has been
retired, the levy must cease.)
((Discuss PAC recommendation from Staff Report))
((Discuss sites from Staff Report))
With that we are up to the present moment. What comes next is Council
consideration.
Tonight we ask Council direction on the following:
First Does Council feel that the Mello-Roos Community Facilities Act
is a viable approach to addressing the issue of parks in
Rancho Cucamonga?
Second If so...authorize staff to investigate all related cost, such
as election, consulting services, etc., and report back to
Council. 7-of4mp&
Third If so ... indicate the scope of the projects to be addressed on
a preliminary basis.
This concludes the staff report. In attendance tonight are three
resource individuals:
Bill Fieldman, a specialist in Municipal Financing;
-i Irli
7tm Brown, our Redevelopment Attorney, and specialist in the
legalities of bonding;
Ron Paige of Recreation Systems, Inc., a park design firm with
experience in successful park bond.
They or staff will be available to answer any questions the Council may
have.