RESOLUTION NO ____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF RIALTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 (EL RANCHO VERDE), CALLING A SPECIAL ELECTION TO MODIFY THE RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX RELATING TO SAID COMMUNITY FACILITIES DISTRICT, ELIMINATE THE DESIGNATION OF IMPROVEMENT AREAS, REMOVE TERRITORY FROM THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT, INCREASE THE SPECIAL TAX RATES, INCREASE THE MAXIMUM BONDED INDEBTEDNESS, AND REVISE THE APPROPRIATIONS LIMIT OF SAID COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council (the “Council”) of the City of Rialto, California (the “City”), on June 9, 2020, adopted its Resolution No. 7629 (the “Resolution of Intention”) stating its intention to form the City of Rialto Community Facilities District No. 2020-1 (El Rancho Verde) (the “District”) consisting of certain property within the City (the “Original Property”), and further designated a portion of the Original Property as Improvement Area No. 1 and Improvement Area No. 2 thereof (each an “Improvement Area” and, collectively, the “Improvement Areas”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”) being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California; and WHEREAS, pursuant to Resolution No. 7630, adopted on June 9, 2020 (the “Resolution of Intention to Incur Bonded Indebtedness”), the Council declared its intention to finance certain facilities and incidental expenses through the incurrence of bonded indebtedness in an amount not to exceed $20,000,000 for Improvement Area No. 1, and $20,000,000 for Improvement Area No. 2 of the District (the “Original Bonded Indebtedness”); and WHEREAS, on July 14, 2020, the Council held a public hearing as required by law and the Act on all matters pertaining to the formation of the District, including the boundaries of the District, the Improvement Areas, the special taxes relating to the District (the “Original Special Taxes”), including the special tax for certain facilities (the “Original Facilities Special Tax”) and the special tax for certain services (the “Original Services Special Tax”) within each Improvement Area, the description of the authorized facilities (the “Facilities”) and the authorized services (the “Services”) and the incurrence of the Original Bonded Indebtedness, and such matters were not precluded by a majority protest; and WHEREAS, following said public hearing, the Council adopted its resolution determining the validity of prior proceedings, establishing the District, authorizing the levy of the Original Facilities Special Tax and the Original Services Special Tax within each Improvement Area of the District to fund the Facilities and Services within the boundaries of the District and establishing an appropriations limit (the “Resolution of Formation”); and WHEREAS, the map of the boundaries of the District, including the Improvement Areas (the “Original Map”) has been recorded in the Office of the County Recorder of Riverside County, California in Book 89, Pages 23 of the Book of Maps of Assessment and Community Facilities Districts, as Document Number 2020-0220066; and WHEREAS, the Council, in its capacity as the legislative body of the District (the “Legislative Body”) called and duly held an election in each Improvement Area of the District pursuant to Resolution No. 7646 (the “Resolution Calling Election”) adopted on July 14, 2020, for the purpose of presenting to the qualified electors within each Improvement Area, propositions for the levy of the Original Facilities Special Tax and the Original Services Special Tax and the authorization to issue the Original Bonded Indebtedness related to the Original Facilities Special Tax; and WHEREAS, as shown in Resolution No. 7647 (the “Resolution Declaring Results”), the canvass of the votes cast in the District at the special election held in each Improvement Area of the District on July 14, 2020, resulted in a unanimous vote of the qualified electors within each Improvement Area voting at said election; and WHEREAS, pursuant to Ordinance No. 1648 adopted by the Legislative Body on July 28, 2020, the District is authorized to levy the Original Special Taxes within the Improvement Area No. 1 and Improvement Area No. 2 of the District at the rates and pursuant to the formulas set forth in the Resolution of Formation for each Improvement Area (collectively, the “Original RMAs”); and WHEREAS, the District has not yet incurred any indebtedness; and WHEREAS, Lennar Homes of California, LLC (the “Developer”), the developer of the Property, has approached the District to consider certain modifications to the District pursuant to the Act; and WHEREAS, the Legislative Body received a petition and waiver from the owner of the Property (the “Petition”) and on August 9, 2022 adopted Resolution No. 7953 (the “Resolution of Consideration”) instituting change proceedings to (i) eliminate the designation of Improvement Areas; (ii) modify the Original RMAs to consolidate into one rate and method of apportionment and increase certain special tax rates as set forth in the Amended RMA as defined described in the Resolution of Consideration and attached therein as Exhibit D; (iii) increase the maximum bonded indebtedness for the District from the principal amount not to exceed $20,000,000 within Improvement Area No. 1 and $20,000,000 within Improvement Area No. 2, to not to exceed $50,000,000 within the District as set forth in the Resolution of Consideration; (iv) modify the boundaries of the District to eliminate certain non-taxable property as set forth in the Amended Map as depicted on Exhibit A to the Resolution of Consideration; and (v) revise the appropriations limit for the District from the $20,000,000 for the Facilities Special Tax with respect to each Improvement Area and $250,000 (adjusted up by 3% annually) for the Services Special Tax for each Improvement Area to an amount equal to $50,000,000 for the Facilities Special Tax for the District and $700,000 (adjusted up by 3% annually) for the Services Special Tax for the District, all in accordance with the terms of the Resolution of Consideration (collectively, the “Proposed Modifications”); and WHEREAS, on September 13, 2022, this Council held a noticed hearing as required by law relative to the Proposed Modifications; and WHEREAS, at said hearing all persons not exempt from the special taxes of the District desiring to be heard on all matters pertaining to the Proposed Modifications were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this Legislative Body on said matters before it, and this Legislative Body at the conclusion of said hearing was and is fully advised in the premises; and WHEREAS, this Legislative Body wishes to present to the qualified electors of the District a proposition on the Proposed Modifications.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rialto, acting as the legislative body of the City of Rialto Community Facilities District No. 2020-1 (El Rancho Verde), does hereby resolve as follows:
Section 1. Written protests against the Proposed Modifications to the District were not filed by (a) fifty percent (50%) or more of the registered electors of the District, or six (6) registered voters, whichever is greater, residing within the District, or (b) the owners of one-half (½) or more of the area of land included within the District.
Section 2. The Report prepared by Webb Municipal Finance, LLC, relating to the Proposed Modifications, as now submitted is hereby approved and is made a part of the record of the hearing, and is ordered kept on file with the transcript of these proceedings and open for public inspection.
Section 3. Pursuant to Government Code Section 53338, the Legislative Body hereby submits to the qualified electors of the District a proposition (the “Proposition”) of the Proposed Modifications, consisting of (i) elimination of the designation of Improvement Areas; (ii) modification of the Original RMAs to consolidate into one rate and method of apportionment and increase certain special tax rates as set forth in the Amended RMA; (iii) increase of the maximum bonded indebtedness for the District from the principal amount not to exceed $20,000,000 within Improvement Area No. 1 and $20,000,000 within Improvement Area No. 2, to not to exceed $50,000,000 within the District; (iv) modification of the boundaries of the District to eliminate certain non-taxable property as set forth in the Amended Map; and (v) revision of the appropriations limit for the District from the $20,000,000 for the Facilities Special Tax with respect to each Improvement Area and $250,000 (adjusted up by 3% annually) for the Services Special Tax for each Improvement Area to an amount equal to $50,000,000 for the Facilities Special Tax for the District and $700,000 (adjusted up by 3% annually) for the Services Special Tax for the District; all in accordance with the terms of the Resolution of Consideration. The form of the Proposition is attached as Exhibit “A.” Section 4. The time for notice having been waived by all of the qualified electors, the date of the special election on the Proposition shall be on the 13th day of September, 2022.
Section 5. There being no registered voters residing within the territory of the District at the time of the protest hearing and ninety (90) days prior thereto, there being less than twelve (12) landowners in the District, and the requirements of Section 53326 of the Act having been waived by all landowners, the ballot for the special election shall be personally delivered to each landowner within the District. Each landowner shall have one (1) vote for each acre or portion thereof that it owns within the District, as provided by Section 53326 of the Act. The voter ballot shall be returned to the City Clerk at 150 South Palm Avenue, Rialto, California 92376, no later than 11:00 o’clock p.m. on September 13, 2022. However, the election may be closed within the concurrence of the City Clerk, as soon as the ballot is returned.
Section 6. The City Clerk shall personally deliver or cause the personal delivery of the ballots to the landowner(s) upon adoption of this Resolution.
Section 7. Notice of said election and written argument for or against the Proposition have been waived by the landowner(s).
Section 8. The District shall constitute a single election precinct for the purpose of holding said election.
Section 9. The Legislative Body hereby directs that the election be conducted by the City Clerk of the City, as the elections official.
Section 10. This Resolution shall take effect from and after the date of its passage and adoption.
Section 11. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this _____ day of ___, 2022.
Deborah Robertson, Mayor, City of Rialto
ATTEST:
Barbara A. McGee, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF RIALTO )
I, Barbara A. McGee, City Clerk of the City of Rialto, DO HEREBY CERTIFY that the foregoing Resolution No. ____ was duly passed and adopted at a regular meeting of the City Council of the city of Rialto held on the ___ day of ____, 2022.
Upon motion of __________, seconded by ______, the foregoing Resolution No. ____ was duly passed and adopted.
VOTE ON THE MOTION
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal o the City of Rialto this ____ day of ____, 2022.
Barbara A. McGee, City Clerk
EXHIBIT “A”
OFFICIAL BALLOT
CITY OF RIALTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1
(EL RANCHO VERDE)
SPECIAL ELECTION
FOR MODIFICATION OF MAP, TAX RATES AND
BOND AND APPROPRIATIONS LIMITS
September 13, 2022
To vote, mark an “X” in the voting square after the word “YES” or after the word “NO.” All marks otherwise made are forbidden.
This ballot is provided to Lennar Homes of California, LLC, a California limited liability company, as owner or authorized representative of such owner of land within City of Rialto Community Facilities District No. 2020-1 (El Rancho Verde), and represents ____ votes.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Rialto at 150 South Palm Avenue, Rialto, California 92376.
YESNOYESNOPROPOSITION: Shall the following modifications be made to the City of Rialto Community Facilities District No. 2020-1 (the “District”), all in accordance with the terms of the Resolution of Consideration adopted on August 9, 2022: (i) elimination of the designation of improvement areas; (ii) modification of the original rate and methods of apportionments to consolidate into one rate and method of apportionment and increase of certain special tax rates as set forth in the Amended RMA as defined in the Resolution of Consideration; (iii) increase of the maximum bonded indebtedness for the District from the principal amount not to exceed $20,000,000 within Improvement Area No. 1 and $20,000,000 within Improvement Area No. 2, to not to exceed $50,000,000 within the District; (iv) modification of the boundaries of the District to eliminate certain non-taxable property as set forth in the Amended Map as defined in the Resolution of Consideration; and (v) revision of the appropriations limit for the District from the $20,000,000 for the Facilities Special Tax with respect to each Improvement Area and $250,000 (adjusted up by 3% annually) for the Services Special Tax for each Improvement Area to an amount equal to $50,000,000 for the Facilities Special Tax for the District and $700,000 (adjusted up by 3% annually) for the Services Special Tax for the District? YES
NO
YES
NO
CITY OF RIALTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 (EL RANCHO VERDE)
SPECIAL ELECTION
FOR MODIFICATION OF MAP, TAX RATES AND
BOND AND APPROPRIATIONS LIMITS
September 13, 2022
VOTER IDENTIFICATION CERTIFICATION
The undersigned hereby declares under penalty of perjury as follows:
I have been duly authorized to cast ballots on behalf of the Landowner as set forth below:
By execution hereof I also certify that there were no registered voters in the property of the above-referenced District for the 90 day period preceding and including September 13, 2022.
LANDOWNER: Lennar homes of california, llc
By: ___________________________________________
Name: ________________________________________
Title: ________________________________________
NAME OF VOTER:______________________________
ADDRESS OF VOTER:___________________________
DATE OF SIGNING:_____________________________
PLACE OF SIGNING: AT ADDRESS ABOVE
FAILURE TO COMPLETE THE ABOVE INFORMATION WILL INVALIDATE YOUR BALLOT.
Please Return With Ballot
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A-1
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