RESOLUTION NO. 2026-086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, CALLING A SPECIAL ELECTION FOR PROPOSED CHANGES TO THE RATE AND METHOD OF APPORTIONMENT OF THE EXISTING SPECIAL TAX OF CITY OF FONTANA COMMUNITY FACILITIES DISTRICT NO. 117 (SOUTHRIDGE) WHEREAS, the City Council (the “City Council”) of the City of Fontana (the “City”) has previously established City of Fontana Community Facilities District No. 117 (Southridge) (the “Community Facilities District”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”); WHEREAS, on July 14, 2026, the City Council adopted a resolution entitled “A Resolution of the City Council of the City of Fontana, California, of Consideration to Change the Rate and Method of Apportionment of the Existing Special Tax of City of Fontana Community Facilities District No. 117 (Southridge)” (the “Resolution of Consideration”) proposing changes to the rate and method of apportionment of the special tax (the “Special Tax”) levied within the Community Facilities District so as to revise the initial permitting date used in the definition of “Developed Property” and setting the date for a public hearing to be held on such proposed changes; WHEREAS, pursuant to the Resolution of Consideration, notice of said public hearing was published in the Fontana Herald News, a newspaper of general circulation published in the area of the Community Facilities District, in accordance with the Act; WHEREAS, on this date, the City Council opened, conducted and closed said public hearing; WHEREAS, at the hearing, the testimony of all persons for or against the proposed changes to the rate and method of apportionment of the Special Tax was heard; WHEREAS, written protests against the proposed changes to the rate and method of apportionment of the Special Tax were not made or filed at or before said hearing by 50% or more of the registered voters, or six registered voters, whichever is more, residing within the Community Facilities District, or the owners of one-half or more of the area of land in the territory included in the Community Facilities District and not exempt from the Special Tax; WHEREAS, pursuant to the provisions of the Resolution of Consideration, the proposition to change the rate and method of apportionment of the Special Tax is to be submitted to the qualified electors of the Community Facilities District as required by the Act; WHEREAS, the City Council desires to designate the City Clerk of the City (the “City Clerk”) as the election official for the special election provided for herein; WHEREAS, there has been filed with the City Clerk of the City a letter from the Registrar of Voters of the County of San Bernardino indicating that no persons were registered to vote within the territory included in the Community Facilities District as of August 13, 2026, and, accordingly, that 12 or more persons have not been registered to vote within the territory included in the Community Facilities District for each of the 90 days preceding the close of said public hearing; WHEREAS, there has been filed with the City Clerk consents and waivers of all of the landowners of record in the Community Facilities District waiving any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said special election, consenting to the holding of said special election on September 8, 2026 and waiving any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act; and WHEREAS, the City Clerk has concurred in said waivers and has concurred in holding said special election on September 8, 2026; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:
The foregoing recitals are true and correct, and the City Council so finds and determines.
The proposed changes to the rate and method of apportionment of the Special Tax are modifications that revise the initial permitting date used in the definition of “Developed Property.” The proposed changes are reflected in the City of Fontana Community Facilities District No. 117 (Southridge) Amended Rate and Method of Apportionment of Special Tax (the “Amended Rate and Method”) attached hereto as Exhibit A, which is by this reference incorporated herein.
The proposed changes to the rate and method of apportionment of the Special Tax have not been precluded by majority protest pursuant to Section 53337 of the Act.
Pursuant to Section 53338 of the Act, the proposition to change the rate and method of apportionment of the Special Tax so as to revise the initial permitting date used in the definition of “Developed Property,” as reflected in the Amended Rate and Method, shall be submitted to the qualified electors of the Community Facilities District at an election called therefor as provided herein.
The City Clerk is hereby designated as the official to conduct said election.
The City Council hereby finds and determines that no persons were registered to vote within the territory included in the Community Facilities District as of August 13, 2026, and that 12 or more persons have not been registered to vote within the territory included in the Community Facilities District for each of the 90 days preceding the close of the public hearing heretofore held by the City Council on the proposed changes to the rate and method of apportionment of the Special Tax. Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the landowners of the Community Facilities District and each person who is the owner of land as of the close of said public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District not exempt from the Special Tax.
The City Council hereby finds and determines that the qualified electors of the Community Facilities District have unanimously consented (a) to the waiver of any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said election, (b) to the holding of said election on September 8, 2026, and (c) to the waiver of any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act. The City Council hereby finds and determines that the City Clerk has concurred in said waivers and has concurred in holding said election on September 8, 2026.
The City Council hereby calls a special election to submit to the qualified electors of the Community Facilities District the proposition to change the rate and method of apportionment of the Special Tax so as to revise the initial permitting date used in the definition of “Developed Property,” as reflected in the Amended Rate and Method, which election shall be held at 8437 Sierra Avenue, Fontana, California, on September 8, 2026. The City Council has caused to be provided to the City Clerk, as the official to conduct said election, the Resolution of Consideration, a certified map of sufficient scale and clarity to show the boundaries of the Community Facilities District, and a sufficient description to allow the City Clerk to determine the boundaries of the Community Facilities District.
The voted ballots shall be returned to the City Clerk not later than 2:00 p.m. on September 8, 2026; provided, however, that if all of the qualified electors have voted prior to such time, the election may be closed with the concurrence of the City Clerk.
Pursuant to Section 53326 of the Act, the election shall be conducted by mail or hand-delivered ballots pursuant to Section 4000 et seq. of the California Elections Code. Except as otherwise provided in the Act, the provisions of law regulating elections of the City, insofar as they may be applicable, will govern the election.
The form of the ballot for said election is attached hereto as Exhibit B and by this reference incorporated herein, and such form of ballot is hereby approved. The City Clerk shall cause to be delivered to each of the qualified electors of the Community Facilities District a ballot in said form. Each ballot shall indicate the number of votes to be voted by the respective landowner to which it pertains.
Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The identification envelope for return of the ballot shall be enclosed with the ballot, shall have the return postage prepaid, and shall contain (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or the authorized representative of the landowner entitled to vote and is the person whose name appears on the identification envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration described in clause (b), above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board.
Analysis and arguments with respect to the ballot proposition are hereby waived, as provided in Section 53327 of the Act.
The City Clerk shall accept the ballots of the qualified electors in the office of the City Clerk at City Hall, 16860 Valencia Avenue, Fontana, California, to and including 2:00 p.m. on September 8, 2026, whether said ballots be personally delivered or received by mail. The City Clerk shall have available ballots that may be marked at said location on the election day by said qualified electors.
All actions heretofore taken by the officers, employees and agents of the City with respect to the proposed changes to the rate and method of apportionment of the Special Tax, or in connection with or related to any of the documents referred to herein, are hereby approved, confirmed and ratified.
The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.
This Resolution shall take effect immediately upon its adoption.
The City Clerk of the City of Fontana shall certify as to the adoption of this Resolution.
APPROVED AND ADOPTED this 8th day of September, 2026.
READ AND APPROVED AS TO LEGAL FORM:
__________________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council at a regular meeting held on the 8th day of September, 2026, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
City Clerk of the City of Fontana
__________________________________
Mayor of the City of Fontana
ATTEST:
__________________________________
City Clerk
EXHIBIT A
CITY OF FONTANA COMMUNITY FACILITIES DISTRICT NO. 117 (SOUTHRIDGE)
AMENDED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
EXHIBIT B
OFFICIAL BALLOT
CITY OF FONTANA
September 8, 2026
SPECIAL ELECTION
This ballot is for a special, landowner election. The number of votes to be voted pursuant to this ballot is ____.
INSTRUCTIONS TO VOTERS:
To vote on the measure, mark a cross (+ or X) in the voting square after the word “YES” or after the word “NO”. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Fontana and obtain another.
CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 117
(Southridge)
MEASURE SUBMITTED TO VOTE OF VOTERS: Shall the rate and method of apportionment of the special tax levied within City of Fontana Community Facilities District No. 117 (Southridge) (the “Community Facilities District”) be changed so as to revise the initial permitting date used in the definition of “Developed Property,” all as specified in the Resolution entitled “A Resolution of the City Council of the City of Fontana, California, Calling a Special Election for Proposed Changes to the Rate and Method of Apportionment of the Existing Special Tax of City of Fontana Community Facilities District No. 117 (Southridge),” adopted by the City Council of the City of Fontana on September 8, 2026? Yes:
No:
1 of 5
1 of 5
A-1
B-1
Resolution No. 2026-086