Loading...
HomeMy WebLinkAbout928 - Ordinances - ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF NORTH ETIWANDA COMMUNITY FACILITIES DISTRICT NO. 2017-01 ORDINANCE NO. 928 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF NORTH ETIWANDA COMMUNITY FACILITIES DISTRICT NO. 2017-01 OF THE CITY OF RANCHO CUCAMONGA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT A. Recital WHEREAS, the City Council of the City of Rancho Cucamonga, California (the "City Council"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of special taxes in a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the"Act"). This community facilities district shall hereinafter be referred to as North Etiwanda Community Facilities District No. 2017- 01 of the City of Rancho Cucamonga (the "District"). B. Ordinance NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF NORTH ETIWANDA COMMUNITY FACILITIES DISTRICT NO. 2017-01 OF THE CITY OF RANCHO CUCAMONGA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in the District pursuant to the Amended Rate and Method of Apportionment as set forth in Exhibit "A" attached hereto and incorporated herein by this reference (the "Amended Rate and Method"). SECTION 2. This City Council, acting in its capacity as the legislative body of the District, is hereby further authorized, by resolution, to annually determine the special tax to be levied within the District for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Amended Rate and Method. SECTION 3. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council shall determine, including without limitation, direct billing of the affected property owners, and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Rancho Cucamonga, acting for and on behalf of the District. SECTION 4. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California,which lien shall be a continuing lien to secure each levy of the special tax, shall attach to all non-exempt real property in the District and shall continue in force and effect until the lien is canceled in accordance with law or until collection of the tax by the legislative body ceases. SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City of Rancho Cucamonga. Ordinance No. 928 - Page 1 of 7 PASSED, APPROVED, AND ADOPTED this 16th day of ! 018. L. be is Michael, ayor ATTEST: ice C. Reynolds, ty Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 2nd day of May 2018, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 16th day of May 2018. AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Executed this 17th day of May 2018, at Rancho Cucamonga, California. QaLir4 anice C. Reyno , y Clerk Ordinance No. 928 - Page 2 of 7 EXHIBIT A AMENDED RATE AND METHOD OF APPORTIONMENT FOR THE NORTH ETIWANDA COMMUNITY FACILITIES DISTRICT NO. 2017-01 OF THE CITY OF RANCHO CUCAMONGA A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable Property within the North Etiwanda Community Facilities District No. 2017-01 ("North Etiwanda CFD") of the City of Rancho Cucamonga and collected each Fiscal Year commencing with Fiscal Year 2018/19 in an amount determined by the City Council through the application of the Amended Rate and Method of Apportionment as described below. All of the real property in the North Etiwanda CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes of, to the extent, and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meaning: "Acreage" or "Acre" means the land area of an Assessor's Parcel as shown on County records, such as an Assessor's Parcel Map and secured roll data, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map, record of survey, or other recorded document creating or describing the Assessor's Parcel. If the preceding maps for a land area are not available, the Acreage of such land area may be determined utilizing available spatial data and geographic information systems (GIS). "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the administration of the North Etiwanda CFD including, but not limited to, the following: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City, the CFD Administrator, or both); the costs of collecting the Special Taxes (whether by the County, the City, or otherwise); the costs to the City, North Etiwanda CFD, or any designee thereof in complying with disclosure requirements; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; and the costs of the City, North Etiwanda CFD, or any designee thereof related to any appeal of the levy or application of the Special Tax. Administrative Expenses shall also include amounts estimated or advanced by the City or North Etiwanda CFD for any other administrative purposes, including, but not limited to, attorney's fees, proposed formation of the North Etiwanda CFD, or any other expenses incidental to the provision of the Services. "Assessor's Data" means Acreage or other Assessor's Parcel information contained in the records of the Assessor of the County. "Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the assessor of the County designating parcels by an Assessor's Parcel number. Ordinance No. 928 - Page 3 of 7 "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "City" means the City of Rancho Cucamonga. "City Council" means the City Council of the City of Rancho Cucamonga, acting as the legislative body of the North Etiwanda CFD. "County" means the County of San Bernardino. "Developed Property" means for each Fiscal Year, all Taxable Property, for which a building permit was issued prior to the March 1st preceding the Fiscal Year for which the Special Tax is being levied. "Exempt Property" means all Assessors' Parcels that are exempt from the Special Tax pursuant to Section E. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Homeowner Association Property" means any property within the boundaries of North Etiwanda CFD which is owned by a homeowners' or property owners'association, including any master or sub- association. "Maximum Annual Special Tax" means the maximum Special Tax, determined in accordance with the provisions of Section C below, which may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Non-Residential Property" means all Assessor's Parcels of Developed Property within the boundaries of the North Etiwanda CFD for which a building permit(s) has been issued for a non- residential structure(s). "North Etiwanda CFD" means the North Etiwanda Community Facilities District No. 2017-01 of the City of Rancho Cucamonga. "Proportionately" means for Taxable Property that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal for all Assessor's Parcels within each classification (Residential Property, Non-Residential Property, and Undeveloped Property) within the North Etiwanda CFD. "Public Property" means any property which (a) is owned by a public agency, (b) has been irrevocably offered for dedication to a public agency, or (c) is designated with specific boundaries and acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State of California, the County, the City, or any other public agency. "Residential Dwelling Unit" means any residential dwelling unit constructed or to be constructed for habitable living purposes located on an Assessor's Parcel as indicated in the records of the County Assessor, or, if not indicated, as otherwise determined by the CFD Administrator based on available official information, including building permit(s) issued. Ordinance No. 928 - Page 4 of 7 "Residential Property" means all Assessor's Parcels of Developed Property within the boundaries of the North Etiwanda CFD for which a building permit(s) has been issued for purposes of constructing one or more Residential Dwelling Units. "Services" means the maintenance of public trails and trailhead improvements, landscaped areas, parkways, medians and parks and recreation improvements throughout the North Etiwanda CFD and public right-of-ways, including, but not limited to, street trees, fencing, irrigation systems, sidewalks, drainage systems, signs, monuments, graffiti removal, replacement, repair or rehabilitation of playground equipment, sports fields, parking lots, restrooms, sport field lighting, street lighting and other improvements placed in parks, trails, medians, landscaped areas, or public right-of-ways, furnishing of water, electric current or energy, gas, or other illuminating agent for the operation of any improvement within the North Etiwanda CFD. The maintenance and servicing of streetlights, traffic signals and appurtenant facilities, including but not limited to furnishing of electric current, materials, contracted services, and the necessary maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition. "Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that amount of Special Tax revenue required in any Fiscal Year for the North Etiwanda CFD to: (i) pay for the costs of operation, maintenance and servicing of the Services; (ii) pay Administrative Expenses; (iii) pay any amounts required to establish or replenish any repair and contingency funds, capital improvement funds, or reserve funds for the North Etiwanda CFD; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less a credit for funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of the North Etiwanda CFD that are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means each Assessor's Parcel of Taxable Property within the boundaries of the North Etiwanda CFD that is not classified as Developed Property. B. ASSIGNMENT TO LAND USE CATEGORIES On, or around, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor's Parcel numbers for the current Fiscal Year for all property within the North Etiwanda CFD. Each Assessor's Parcel of Taxable Property within the North Etiwanda CFD shall be classified as Residential Property, Non-Residential Property or Undeveloped Property, and shall be subject to the levy of annual Special Taxes determined pursuant to Section C below. Ordinance No. 928 - Page 5 of 7 C. MAXIMUM ANNUAL SPECIAL TAX The Maximum Annual Special Tax for each Assessor's Parcel of Taxable Property shall be assigned according to the table below: Fiscal Year 2018/19 Property Land Use Maximum Annual Special Tax Residential Property $871.77 per Residential Dwelling Unit Non-Residential Property $0.00 per Acre Undeveloped Property $2,117.76 per Acre On July 1 of each Fiscal Year, commencing on July 1, 2019, the Maximum Annual Special Tax set forth in the table above shall be increased by a minimum of two percent (2%) to a maximum annual increase of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2018/19, and for each subsequent Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement and shall levy the Special Tax on each Assessor's Parcel of Taxable Property until the amount of Special Taxes equals the Special Tax Requirement. The Special Taxes shall be levied each Fiscal Year as follows First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Residential Property at a rate of up to 100% of the applicable Maximum Annual Special Tax as needed to satisfy the Special Tax Requirement. Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at a rate of up to 100% of the applicable Maximum Annual Special Tax to satisfy the Special Tax Requirement. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property be increased as a result of delinquencies by owners of other Assessor's Parcels by more than ten percent (10%) above what the Assessor's Parcel of Residential Property would have been levied had there been no delinquencies. E. EXEMPTIONS The CFD Administrator shall classify the following Assessor's Parcels as Exempt Property: (i) Public Property, (ii) Homeowner Association Property, and (iii) and Assessor's Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement. If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth above that would make such Assessor's Parcel eligible Ordinance No. 928 - Page 6 of 7 to be classified as Exempt Property, such Assessor's Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property. F. REVIEW/APPEAL Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If, following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If, following such consultation and action (if any by the CFD Administrator), the landowner or resident believes such error still exists, such person may file a written notice with the City appealing the amount of the Special Tax levied on such Assessor's Parcel. The City may establish such procedures, as it deems necessary, to undertake the review of any such appeal. The City shall interpret this Amended Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the City shall be final and binding as to all persons. G. MANNER OF COLLECTION The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the North Etiwanda CFD, may directly bill the Special Tax, and may collect Special Taxes at a different time or in a different manner as necessary to meet its financial obligations. H. PREPAYMENT OF SPECIAL TAX The Special Tax may not be prepaid. I. TERM OF SPECIAL TAX The Special Tax shall be levied, commencing in Fiscal Year 2018/19, as long as necessary to satisfy the Special Tax Requirement. Ordinance No. 928 - Page 7 of 7