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Ordinance No. 288 ORDINANCE NO. 288 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF CHINO HILLS COMMUNITY FACILITIES DISTRICT NO. 2015-1 (VILA BORBA), AUTHORIZING THE LEVY OF A SPECIAL TAX. WHEREAS, the City Council (the "City Council") of the City of Chino Hills (the "City") has heretofore adopted Resolution No. 2015R-25 ("Resolution of Intention") stating its intention to form the City of Chino Hills Community Facilities District No. 2015-1 (Vila Borba) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code of the State of California (the "Act"), to finance certain public services and maintenance for parks, landscaping, public streets and trail improvements as described therein (the "Services"); and WHEREAS, notice was published as required by law relative to the intention of the City Council to form the District; and WHEREAS, on July 14, 2015, the City Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of the District and the rate and method of apportion and manner of collection of the special tax ({the "Special Tax") to be levied within the District to pay for the Services; and WHEREAS, at said public hearing all persons desiring to be heard on all matters pertaining to the formation of the District were heard and a full and fair hearing was held; and WHEREAS, the City Council subsequent to said public hearing adopted Resolution No. 2015R-40 (the "Resolution of Formation") determining the validity of prior proceedings and established the District; and WHEREAS, the City Council subsequent to said public hearing adopted Resolution No. 2015R-41 which called an election within the District for July 14, 2015 on the proposition of levying the Special Tax and setting an appropriations limit; and WHEREAS, on July 14, 2015, an election was held within the District in which the eligible electors approved by more than two-thirds vote the proposition of levying the Special Tax, and setting an appropriations limit; and 1 of 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF CHINO HILLS COMMUNITY FACILITIES DISTRICT NO. 2015-1 (VILA BORBA), DOES ORDAIN AS FOLLOWS: SECTION 1. A special tax (the "Special Tax") is hereby levied within the boundaries of the District pursuant to the formula set forth in Exhibit "A" attached hereto and incorporated by reference, or as such special tax may be modified or amended from time td time by a resolution of change or annexation adopted pursuant to the provisions of the Act (the "RMA"), in an amount necessary to finance all or a portion of the cost of providing certain public services and maintenance that are in addition to those provided in the territory within the District prior to the formation of the District, periodic costs, and costs of the tax levy and collection, as provided in the RMA. SECTION 2. This legislative body is hereby further authorized each year, by resolution adopted as provided in section 53340 of the Act on or before June 30 of each year to determine the specific special tax rate and amount to be levied for the next fiscal year in accordance with the RMA and to prepare or cause to be prepared a list of all nonexempt parcels within the District and the specific amount of the special tax for each parcel, except that the special tax rate to be levied shall not exceed the maximum rates contained in the RMA. SECTION 3. All of the collections of the special tax shall be used as provided for in the Act and the Resolution of Formation and any resolution of change or annexation adopted from time to time by the City Council. SECTION 4. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency and provided for ad valorem taxes; provided, however, that the District may collect the special tax at a different time or in a different manner if necessary to meet its financial obligations. SECTION 5. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Chino Hills's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 6. This Ordinance relating to the levy of the special tax takes effect and shall be in force immediately after the date of final passage. A copy of this Ordinance shall be transmitted to the Assessor and the Treasurer-Tax Collector of San Bernardino County. 2 of 4 PASSED, APPROVED AND ADOPTED this 11th day of August , 2015. slat /, Ia EA CYNT j IA MORAN, MAYOR ATTEST: Sipw 7/t• CHERYL`BAL , CTTYCLERK APPROVED AS TO FORM: /7 • ta (aritifuy MARKT).). HENSLEY, CITY ATTORNEY 3 of 4 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss CITY OF CHINO HILLS I, CHERYL BALZ, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that Ordinance No. 288 was duly introduced at a regular meeting held July 14, 2015; and adopted at a regular meeting of the City Council held on the 11th day of August, 2015 by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MORAN, BENNETT, GRAHAM, MARQUEZ, AND ROGERS. NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE efir. .4.01 CHERYL BALZ, CITY CLEF (SEAL) I hereby certify that the foregoing is the original of Ordinance No. 288 duly passed and adopted by the Chino Hills City Council at their regular meeting held on August 11, 2015, and that Summaries of the Ordinance were published on August 1, 2015 and August 15, 2015 in the Chino Hills ChampionCh�► � newspaper. tit`S CHERYL BAITY CLER'R (SEAL) 4 of 4 AFFIDAVIT OF POSTING STATE OF CALIFORNIA CITY OF CHINO HILLS ) §. COUNTY OF SAN BERNARDINO ) Cheryl Balz, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of Chino Hills; That in compliance with the State laws of the State of California, a certified copy of the full text of proposed Ordinance No. 288, being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF CHINO HILLS COMMUNITY FACILITIES DISTRICT NO. 2015-1 (VILA BORBA), AUTHORIZING THE LEVY OF A SPECIAL TAX attached hereto and made a part hereof, was caused to be posted in the Office of the City Clerk. Dated this 11th day of August, 2015. auk lee/ q s'� +/ Wil; CHERYL BALZ, CITY CLERK (SEAL) EXHIBIT A RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2015-1 (VILA BORBA) CITY OF CHINO HILLS A Special Tax of the City of Chino Hills Community Facilities District No. 2015-1 (Vila Borba) ("CFD") shall be levied on all Assessor's Parcels in the CFD and collected each Fiscal Year commencing in Fiscal Year 2015-16 in an amount determined through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or estimated costs incurred by the City, acting for and on behalf of the CFD as the administrator thereof, to determine, levy and collect the Special Taxes, including a reasonable allocation of salaries of City employees and a proportionate amount of the City's general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD; the costs of collecting installments of the Special Taxes; and any other costs required to administer the CFD as determined by the City. "Approved Property" means a Lot for which a building permit has not been issued prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. "Assessor's Parcel" means a Lot or parcel shown in 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 assessor's parcel number. City of Chino Hills A-1 Community Facilities District 2015-1 (Vila Borba) "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. "CFD" means the City of Chino Hills Community Facilities District No. 2015-1 (Vila Borba). "City" means the City of Chino Hills, California. "City Clerk" means the City Clerk of the City of Chino Hills, California. "City Council" means the City Council of the City of Chino Hills, California, acting as the legislative body of CFD No. 2015-1. "City Manager" means the City Manager for the City of Chino Hills or his or her designee. "County" means the County of San Bernardino, California. "Developed Property" means all Taxable Property for which a building permit was issued after January 1, 2014, but prior to the June 1st preceding the Fiscal Year in which the Special Tax is being levied. "Dwelling Unit" means each separate residential dwelling unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential dwelling units. "Final Subdivision Map" means a subdivision of property creating single family residential buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act(California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Land Use Class" means any of the classes listed in Table 1. "Lot" means an individual legal lot, identified and numbered on a recorded Final Subdivision Map, on which a building permit has been or is permitted to be issued for construction of a Dwelling Unit without further subdivision of the lot and for which no further subdivision of the lot is anticipated. City of Chino Hills A-2 Community Facilities District 2015-1 (Vila Borba) "Maintenance" means the labor, material, administration, personnel, equipment and utilities necessary to maintain park, landscaping, public streets, and trail improvements, including but not limited to recreational facilities, trees, plant material, sod, irrigation systems, sidewalks, traffic signals, street lighting drainage facilities, weed control and other abatements, public restrooms, signs, monuments, parking lots and associated appurtenant facilities located within the CFD,. "Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Maintenance applicable to the CFD for such Fiscal Year. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below, that 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 for which a building permit(s) has been issued for a structure or structures for non-residential use. Non-Residential Property does not include structures intended for storage or housing of animals. "Operating Fund" means a fund that shall be maintained for the CFD for each Fiscal Year to pay for Maintenance and Administrative Expenses. "Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable Maintenance Requirement. "Property Owner Association Property" means any property within the CFD boundaries that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub-association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property within each Land Use Class. "Public Property" means any property within the CFD boundaries that is, at the time of the CFD formation, expected to be used for any public purpose and is owned by or dedicated to the federal government, the State, the County, the City or any other public agency. "Reserve Fund" means a fund that shall be maintained for the CFD for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies. City of Chino Hills A-3 Community Facilities District 2015-1 (Vila Borba) "Reserve Fund Requirement" means an amount equal to up to 100% of the Operating Fund Requirement for any Fiscal Year. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one or more residential Dwelling Unit(s). "Special Tax" means the Special Tax levied pursuant to the provisions of Sections C and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property in the CFD to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year for the CFD to: (a) (i) pay the Maintenance Requirement; (ii) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for funds available to reduce the annual Special Tax levy, including the excess, if any, in the Reserve Fund above the Reserve Fund Requirement. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of the CFD that are not exempt from the Special Tax pursuant to law or as defined below. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-Exempt Property includes: (i) Public Property, or (ii) Property Owner Association Property, or (iii) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. "Taxable Property Owner Association Property" means all Property Owner Association Property which is not exempt from the Special Tax pursuant to Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Approved Property, Developed Property or Taxable Property Owners Association Property. City of Chino Hills A-4 Community Facilities District 2015-1 (Vila Borba) B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the definitions above, all Taxable Property within the CFD shall be classified as Developed Property, Approved Property, Undeveloped Property or Taxable Property Owners Association Property, and shall be subject to Special Taxes pursuant to Sections C and D below. Developed Property shall be further assigned to a Land Use Class as specified in Table 1. Once the Land Use Class of an Assessor's Parcel of Residential Property or Non-Residential is determined it cannot be changed. C. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 2015-1 Land Maximum Special Use Class Description Tax for FY 2015-16 1 I Residential Property $1,264.00 per Dwelling Unit 2 I Non-Residential Property I $7,081.00 per Acre 2. Approved Property The Maximum Special Tax that may be levied on an Assessor's Parcel classified as Approved Property shall be $1,264.00 per Lot. 3. Undeveloped Property and Taxable Property Owner Association Property The Maximum Special Tax for Undeveloped Property and Taxable Property Owner Association Property shall be $7,081.00 per Acre. 4. Annual Escalation of Maximum Special Tax On July 1, 2016 for Fiscal Year 2016-17 and on each subsequent July 1 for the Fiscal Year then commencing, the Maximum Special Tax rates for all Assessor's Parcels of Taxable Property shown above shall be increased annually by the percentage increase in the Engineering News Record Common Labor Index since the beginning of the preceding Calendar Year or by four percent(4%), whichever is greater. City of Chino Hills A-5 Community Facilities District 2015-1 (Vila Borba) D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2015-16, and for each following Fiscal Year, the City shall levy the CFD Special Tax at the rates established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property up to 100%of the applicable Maximum Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Lot of Approved Property at up to 100% of the Maximum Special Tax for Approved Property to satisfy the Special Tax Requirement; Third: If additional monies are needed to satisfy the Special Tax Requirement after the second step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property to satisfy the Special Tax Requirement; Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax shall be levied proportionately on each Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of the Maximum Special Tax for Taxable Property Owner Association Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent annually up to the Maximum Special Tax as a consequence of delinquency or default by the owner of any other Assessor's Parcel within the CFD. E. EXEMPTIONS The CFD Administrator shall classify as exempt property (i) Assessor's Parcels defined as Public Property, and (ii) Assessor's Parcels with public or utility easements, and (iii) two conservation easements granted to a conservation district pursuant to (1) United States Army Corps of Engineers' ("ACOE") Section 404 Permit No. 199915475-AJS and any amendments thereto (the "Section 404 Permit"), (2) the Regional Water Quality Control Board ("RWQCB") Waste Discharge Requirements Order No. R8-2007-0011 and any amendments thereto (the "WDR Order"), (3) the California Department of Fish and Wildlife City of Chino Hills A-6 Community Facilities District 2015-1 (Vila Borba) ("CDFW") Section 1600 Streambed Alteration Agreement No. 1600-2011- 0234- R6 and any amendments thereto (the "Section 1600 Agreement"), (4) the CDFW Consistency Determination no. 2080-2013-001-06 and any amendments thereto, and (5) revised biological opinion no. FWS-SB-12B0 145-12F0333 ("Biological Opinion") rendered by the United States Fish and Wildlife Service ("USFWS") on December 18, 2012 and any amendments thereto, making impractical their utilization for other than the purposes set forth in the easement. The CFD Administrator shall classify as exempt property those Assessor's Parcels defined as Property Owner's Association Property provided that no such classification would reduce the sum of all Taxable Property to less than 91.60 Acres. Assessor's Parcels defined as Property Owner Association Property that cannot be classified as exempt property will be classified as Taxable Property Owner Association Property and shall be taxed as part of the third step in Section D. The CFD Administrator will assign Tax-Exempt status in the chronological order in which property becomes exempt. F. APPEALS Any taxpayer subject to the Special Tax and believes 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 taxpayer believes such error still exists, such person may file a written notice with the City Clerk appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any taxpayer appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. G. MANNER OF COLLECTION Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD or as otherwise determined appropriate by the CFD Administrator. City of Chino Hills A-7 Community Facilities District 2015-1 (Vila Borba) H. TERM OF SPECIAL TAX Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity or as long as the City provides Maintenance. City of Chino Hills A-8 Community Facilities District 2015-1 (Vila Borba) PROOF OF PUBLICATION STATE OF CALIFORNIA County of San Bernardino am citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled mat- ter. I am the principal clerk of the publisher of the CHINO CHAMPION, a newspaper of general circulation, print- ed and published weekly in the City of Chino, County of San Bernardino, and which newspaper has been adjudged a newspaper of general circulation by the Su- perior Court of the County of San Bernardino, State of California, under the date of August 5, 1952, Case Number 73453; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: August 15 all in the year 2015 I certifiy (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Chino, California, this 15th day of August i Signature Lynn Conner mG 19 Z015 Champion Serving the Chino Valley and Chino Hills 9th & D Streets • P.Q. Box 607 Chino, California 91708 Phone: (909) 628-5501 Adjudicated August 5, 1952 Case No. 73453 This space is for the County Clerk's Filing Stamp PUBLIC NOTICE OF ADOPTION OF CITY OF CHINO HILLS ORDINANCE NO. 288 NOTICE IS HEREBY GIVEN that on August 11, 2015, the City Council of the City of Chino Hills, acting as the legislative body of the CFD (defined below), adopted Ordinance No, 288 entitled: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, ACTING AS THE LEGISLATIVE, BODY OF THE CITY OF CHINO HILLS COMMUNITY FACILITIES DISTRICT NO. 2015-1 (VILA BORBA), AUTHORIZING THE LEVY OF A SPECIAL TAX. The landowner of the Vila Borba development within the City submitted a petition requesting the City to commence the proceedings to form a community facilities district ("CFD") pursuant to the Mello Roos Community Facilities Act of 1982 (the "Act") for the purpose of providing certain services. The ordinance authorizes the CFD to levy an annual special tax on property within the boundaries of the CFD. The special tax is used to finance certain public services and maintenance for parks, landscaping, public streets and trail improvements as described therein (the "Services") that are in addition to those provided within the CFD prior to the formation of the CFD and which result from development occurring within the Vila Borba project. Ordinance No. 288 was adopted by the City Council by the following vote: Ayes: Moran, Bennett, Graham, Marquez, Rogers Noes: None A certified copy of the full text of Ordinance No. 288 is available for review in the office of the City Clerk, City of Chino Hills, 14000 City Center Drive, Chino Hills. DATED: August 12, 2015 s/CHERYL BALI, CITY CLERK PUBLISH: Chino Hills Champion August 15, 2015 680-15