Loading...
HomeMy WebLinkAbout2003-361 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-361 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING THE INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation and charter city, duly organized and existing pursuant to the provisions of the Constitution of the State of California; and WHEREAS, the public interest, convenience, and necessity require and it is the intention ofthe Mayor and Common Council, pursuant to California Government Code Section 53311, et seq., sometimes commonly referred to as the "Mello-Roos Community Facilities District Act" (the "Act"), to levy and collect assessments on new development within Community Facilities District No. 1033, City of San Bernardino, California (the "District"); and WHEREAS, the future development of the District with the construction of residential and commercial structures and improvements shall have a significant impact on the environment, including public agencies which will service the District with fire and safety protection; and WHEREAS, currently the District is not provided with adequate fire and safety protection and in light of the recent fires which ravished the City, it is in the best interest of the City to provide additional fire and safety protection for this area prior to any new development as well as provide for a guaranteed means to pay for such ongoing protection; and WHEREAS, in compliance with Public Resources Code Section 21000 et. seq., the California Environmental Quality Act ("CEQA"), the City may mitigate such significant adverse environmental impacts, including the continuing maintenance and operation of a fire station within the District, by requiring developers to pay a mitigation fee; and WHEREAS, prior to the approval of any subdivision map or other construction, the City may require such future development within the District to mitigate such significant adverse impacts pursuant to Government Code Section 66474(e); and WHEREAS, the City has complied with Government Code Section 53312.7 by considering and adopting goals and policies relative to the creation of Mello-Roos community facilities districts in accordance with the Act, and such goals and policies are on file with and available from the City Clerk; and III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2003-361 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING THE INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA WHEREAS, the proposed District anticipates that only properties with new development shall be eligible for inclusion within the District at a later date which are located within the Verdemont Area and generally within the City boundaries located north and northwesterly of University Parkway to the Devore Road exit on the 1-215 Freeway, and including such other properties with new development that are anticipated to be annexed into the City at a later date, in addition to those precise properties intended to be included within the initial formation of the District for which a diagram is attached hereto and incorporated herein as Exhibit A, and where such diagram sets forth the precise exterior boundaries of the initial scope of the District; and WHEREAS, the Verdemont Fire Station shall be located at the intersection of Kendall Drive and Palm Avenue and is presently intended to be constructed with the proceeds of a State of California Infrastructure Bank financing in the principal amount in excess of $2,000,000 to be repaid from funds collected upon payment of the Verdemont Area Infrastructure Fee by new development within the Verdemont Area pursuant to Municipal Code Section 15.73, et seq., and from other funds of the City to the extent necessary, and such Verdemont Fire Station will be operated and maintained to service the fire and safety needs of properties both within the Verdemont Area of the City and the District; and WHEREAS, the new development that is anticipated to occur in the Verdemont Area has created the need for the construction of the Verdemont Fire Station to allow for the continued development within the Verdemont Area and to meet the additional service demands that will be placed upon the City to provide a continued fire protection service within the Verdemont Area as such new development continues to occur in areas northerly of existing fire station service areas, and that such new development in the Verdemont Area, and not existing development, shall be required to pay for the costs of the operations and maintenance of the Verdemont Fire Station; and WHEREAS, the proposed assessment or special tax (the "Tax") shall be used and applied for the continued operation and maintenance of the Verdemont Fire Station, including but not limited to payment of compensation of employees, including salaries and benefits, maintenance and operation of fire safety vehicles and the fire station structures, any other expenses required to keep the such equipment and improvements in fit operating condition and any incidental expenses (collectively, the "O&M Expenses"); and WHEREAS, except to the extent funds are otherwise available to pay the entire amount of the O&M Expenses, the Tax shall be levied upon the properties within the District not to exceed the annual maximum permitted amounts to pay a portion of the O&M Expenses as may be determined by the Mayor and Common Council, and such Tax will be secured by recordation of a continuing lien against those properties that are voluntarily included in the District by the applicable property owner as nonexempt real property in the District which Tax 2 2003-361 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING THE INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA will be annually levied solely within the District boundaries as the same may exist from year to year; and WHEREAS, the District shall be divided into zones depending upon the type of use of the land as may be recommended by the City Engineer in the Engineer's Report; and WHEREAS, pursuant to the estimated project cost report as shall be made available from the City Engineer prior to the time of the formation of the District setting forth projected costs, expenses and assessments for the District for the initial year of operation of the Verdemont Fire Station (the "Estimated Cost Report"), it is presently estimated that the cost for the first year of O&M Expenses is $1,525,000 and for which the Tax shall be assessed against all real property as may then be placed within the boundaries of the District in the following manner: (a) Residential Zone: $350.00 per dwelling unit per year whether single family or multi-family unit and such rate shall be subject to an increase not to exceed 2% annually; (b) Commercial, Retail, Office Zone: $2,445.00 per acre per year of development area as set forth in the site plan or parcel map, and such rate shall be subject to an increase not to exceed 2% annually; (c) Industrial Zone: $2,445.00 per acre per year of development area as set forth in the site plan or parcel map, and such rate shall be subject to an increase not to exceed 2% annually; and WHEREAS, if during the first year or any year thereafter the Tax generates sufficient funds to pay for the entire O&M Expenses and any portion of the O&M Expenses are paid from sources other than the Taxes, the amount of such portion paid from other sources of funds shall first be deducted from the total estimated O&M Expenses and the Tax as levied shall be reduced to include only the remainder of the O&M Expenses, as applicable; and WHEREAS, it is anticipated that the City General Fund will be required to subsidize a significant portion of the O&M Expenses of the Verdemont Fire Station as a result of the number of the existing dwelling units and other existing commercial and industrial development that will be served by the Verdemont Fire Station which properties will not be included in the District and for which there is no effective means to collect the Tax from such properties that have previously been fully developed; and III III 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2003-361 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING THE INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA WHEREAS, in lieu of paying the Tax annually, a property owner seeking to develop a parcel within the District may pay a one time fee (the "In-Lieu Fee") which fee shall be deposited into an interest bearing reserve account for future O&M Expenses in the following amounts and for which a further explanation of the In-Lieu Fee will be described in the Estimated Cost Report: Residential Zone unit an In-Lieu Fee $6,349.88 per residential dwelling Commercial, Retail, Office Zone $44,358.47 per development as set forth on a site plan of development as an In-Lieu Fee acre of Industrial Zone $44,358.47 per development as set forth on a site plan of development as an In-Lieu Fee acre of WHEREAS, the Tax and the In-Lieu Fee shall be recalculated annually to reflect (i) any changes in the O&M Expenses, (ii) the annexation of additional property into the District, (iii) the payment of the O&M Expenses, or any portion thereof, with funds other than the Tax, (iv) the amount of In-Lieu Fees available to be applied for the applicable for which the calculation is being made, and (v) any other changes which may affect the estimated O&M Expenses for such year, except that in no event shall the In-Lieu Fee be increased by more than 2% per year nor shall the Tax be increased by more than 2% per year, based upon a cost inflation formula to be continued in the Estimated Cost Report and the Engineer's Report and made a part of the formation documents for the District, from the previous year for any property located within the District that was previously assessed and charged with the Tax in the immediately preceding year; and WHEREAS, in no event shall the Tax be increased in excess of the annual 2% amount whether as a consequence of any delinquency or default by the owner of any other parcels within the District or due to the application of a annual inflationary cost adjustment formula; and WHEREAS, upon adoption of this Resolution of Intention the Mayor and Common Council shall direct the City Administrator and the City Engineer to prepare an Engineer's Report which shall include the following studies and findings: (a) complete a study of the proposed District and for which there shall be filed an Engineer's Report with the Mayor and Common Council prior to the time of the public hearing setting forth the findings made therein; III III 4 2003-361 : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING THE INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA (b) the Engineer's Report shall include a brief description of the services and maintenance to public facilities and the operating costs thereof which will be provided within the District which shall be the estimated O&M Expenses and which will be incurred as a result of providing the services which will, in the opinion of the City officials preparing such Engineer's Report, be required to adequately meet the needs of the District for the next five (5) years; (c) the Engineer's Report shall include an estimate of the cost of providing for the O&M Expenses for the first five (5) years for each zone within the District, including a brief explanation justifying the amount of the Tax for each zone type and any increase or decrease thereof in subsequent years as well as the estimated In-Lieu Fee that may be generated for each zone for all years evaluated in the Engineer's Report; and WHEREAS, in the event a Resolution of Formation is adopted pursuant to the procedures set forth in the Act, then not less than 90 days nor more than 180 days from the adoption of such Resolution of Formation, a special election of the qualified electors of the proposed District consisting of the vacant land intended to be initially placed within the District shall be held and the City Clerk shall prepare and distribute ballots in accordance with Government Code Section 53326. WHEREAS, the Tax shall continue until the earlier to occur of (i) the City records a Notice of Cessation of Special Tax pursuant to Section 53330.5 of the Government Code or (ii) the fiscal tax year ending June 30, 2034. III III III III III III III III III 5 2003-361 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING THE INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section I. The above Recitals are true and correct in all respects and are incorporated herein by reference. Section 2. The Mayor and Common Council hereby intend to levy and collect special taxes within Community Facilities District No. 1033 in accordance with Govemment Code Section 53311, et seq., which provides for the formation of a Mello-Ross community facilities district for the maintenance and operation of the Verdemont Fire Station. Section 3. The Mayor and Common Council hereby direct the City Administrator and the City Engineer as the responsible officers who will be supplying maintenance and services to the District to conduct a study and file an Engineer's Report setting forth appropriate findings prior to the public hearing regarding this matter. Section 4. The Mayor and Common Council hereby direct that a public hearing be set regarding the establishment of the District not later than 60 days from the date of adoption of this Resolution and that the City Clerk publish notice of such hearing in accordance with Government Code Section 53322. The Mayor and Common Council acknowledge that within the service area of the Verdemont Fire Station are located existing developments for which the City General Fund will be responsible for the payment of the costs of the operations of the Verdemont Fire Station for such existing developments. It has been represented to the Mayor and Common Council, and subject to verification in the Engineer's Report to be submitted at a later date, that all new development reasonably anticipated to occur within the service area of the Verdemont Fire Station will be the sole factor creating the service demands for the Verdemont Fire Station and that the provisions of the District and the levy of the Tax or the payment of the In-Lieu Fee shall apply to all such new development and not to any existing development within the service area of the Verdemont Fire Station. The Mayor and Common Council recognize that the District could be rescinded in the future under the laws of the State of California by the vote of the electorates than residing within the District boundaries, III III III III III III 6 2003-361 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING THE INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor jt. and Common Council of the City of San Bernardino at a reg. meeting thereof, held on the 15th day of December ,2003, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN-LONGVILLE x MCGINNIS x DERRY x - SUAREZ ~ ANDERSON --X-- MCCAMMACK x ~~ k1 c..lt~'- The foregoing resolution is hereby approved this j &77-J day of . December 2003. Approved as to Form and legal content: Valles, Mayor 1 of San Bernardino JAMES F. PENMAN, City Attorney 4. f- . / ~,./.// C\. ~_12-, By: (J~ .... ~ r,e'2au...<. . ~ ~ - .,L ~./ -.,.. C> ~ o ,;pt;..;./ ~ ,,-;0 ~ c; c ~~~ C...-J.-. ,."~/ ?' ,.4' fL ~. c17-~ r' 7 f_;'.-~~;;'Z"':'"7"::""~" .C> co '.......... r--- .~ ...j "., I I ) / /, _/ . "I ,..:/' ...... ../ / / \ \ /......~ \ \ '/ < , " C>./ "',..' cci-" -.... ;7'~:i :-~-' - ~ :'(\ L-: --.c.. [!oJ I f~ " ,~:~:~ ................................ ...........m............. ......................... C> co EXHIBIT A ",r, r-.- L" r--- I ----~ ~ .~] ~ ~--=-=. __~r-' , I: , \. ~_"/l, --:H-r- ' _ 4.1 I: ,-1 ' "I ~_ ! " C:I:: 'i---"-c-'~U,':~ ,,', " , _'_' ~----1 i <-i II ;-----jL~ i:J~_~:~ ,." I 'i-.L~.c.+ ; ,,', i<~~~, / =f, =Et:=L .,' ..~L~ ------r1:- i.' ==v . I - ~------:< If t-~~---1 L _.3L ~3-=1- .,.--\.._ ~ ~/ 1-'1' . .,..,.. R-' J ~-' l.c'! '~n,; Q:,t,.;:_ "=1"': ,/) \ ,~ -, :i ~ ,~ i_~_iL".r::,:t~ , 7 --,i-_ :: ~~ - ,,/ I -'~""7' \<<."'1 '''''''l'' i/~'Ua 4j~~~' .-7--... ,~::.----t..~, :' - ! - - ~y,;,/", <~- __ _ ../~__ ~... ,-c--- --~ ~- , ~ - ~ . ... ...::>, '\." J ,r' ,,-(~/" r~t-:- . , r ,. ", L}T ,', ' '-L ,', % ~ ~. ~ '-- /" --;... / " -- " '\. '. --- '\.-~- '" .... t;:: '0 '" on o 20 ; '" ~N ",M N ,:;: <= ...', 0 on .- .::: ~ ,,-to; \, '\ "7- tQf' 1.:I- VI ec-"J" VI ~ ~-- -t:J:' ~8 ". \, ." ( '; ...