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Home My WebLink About47-Planning ,IMi-, '-', _''- .,_0_... ,oI-lo~;._"_-____,-,, ...___ ",'. .....__ .<. NOTICE OF PUBLIC HEARING OF THE MAYOR AND COMMON COUNCIL OF THE CITY or SAN BERNARDINO, CALIFORNIA, PURSUANT TO GOVERNMENT CODE SECTIONS 54992 AND 65962 REGARDING THE ADOPTION OF A RESOLUTION SETTING THE AMOUNT OF THE INFRASTRUCTURE DEVELOPMENT FEE rOR THE VERDEMONT AREA NOTICE IS HEREBY GIVEN that the Hayor and Common Council of the City of San Bernardino, California, shall conduct a public hearina pursuant to Government Code sections 54992 and 65962 for the purpoae of considering the adoption of a Resolution setting the amount of the infrastructure development fees in connection with development of real property within the Verdemont area of the City. The levy infrastructure feea has been authorized pursuant to City Ordinance No. ~7 adopted on February 19, 1990, which Ordinance provided that the amount of the infrastructure fee be Set by Resolution. The above referenced Resolution .ets the fee in accordance with the provisiona of Ordinance No. f{l(!-107. The time, date and place of said public hearina shall be a8 follows: Time: 2:00 p.m. Date: March 19, 1990 Place: City Council Chambers Ci ty Hall 300 North "D" Street San Bernardino, California 92418 All intereated parties are Invited to appear at said public hearing at the above time, date and place to pre.ent testimony concerning the forelOina mattera. An engineer'a report, indicating the eatimated cost of prOviding the facilitiee and pUblic improvements for which fees would be chareed and the revenue lources anticipated to provide the facilities and public Improvements has been prepareci, 18 on file and will be avaUable for public inapection c1urina relular budnee. houra at the office of the City Enaineer, City Hall, 300 North "D" Street, San Bernardino, California 92418. NOTICE IS GIVEN THIS }~/ DAY OF MARCH, 1990. ~&It2//2hd/ CitY Clerk of the City of San BernardIno SBt00099-28/3S60S/ef 03/07/90 0325 '-17 f'lAR 1-'=: ..t~D lS:~-4 HHl.,Jf--....'!=:,_:IEL..~F!::LII l:J(('IIi F'.2 1D CITY OF SAN BERNARDINO California STAFF REPOiT TO: Mayor and Common Council FROM: City Staff SUBJECT: Adoption of Resolution of the City of San Bernardino. Establ1shina the Amount of the Infrastructure Fee to be Levied for Right-ot-Way Improvements and Public Improvements in the Verdemont Area, DATE: March 19. 1990 BACKGROUND City Staff has determined that the Verdemont area of the Ci ty ot San Bernardino (the "City") requires the construction and installation of additional public infraatruc:ture in order to brina such area into conformity With the City'. General Plan and to facilitate further private development within the area, The existina infrastructure system doe. not conform with the City's General Plan requirements and accordinaly development should not continue without the prOVision of addition_I public facilities and improvemenea . The City has adopted an Ordinance which amends the San Bernardino Municipal Code to establish a permanent program for the levy of infrastructure fees to provide revenuee to fund the pUblic improvements which would be necesa! hted by any proposed private development within the area, ANALYSI~ Resolution Establishin2 the ~~ount of the Fe~ The above-referenced Resolution sete the amount of the Infrastructure Fee authorized purluant to the Ordinance at $7.375,00. l'he above-referenced Resolution a180 provides that if any developer or fee payer voluntarily prepays the fee then such developer or fee payer will be exempt from payina any additional increases in the fee which are attributable to increases in the costs of iiaht-of-Way Improvements and/or PUblic Improvements, In addition. the Resolution provide. that fee payers have the ability to participate in a Mello-Roo. ern in lieu of paying fees and alBa may receive a credit for any public improvement which they prOvide as part of their own development.. l'lAF' 13' '3D 15: 55 HHI^U::HI':;_['ELHFIE~[I:~ l..JC(i[1 F',310 Page 2 CONCLUSIONS AND RECOMMENDATION$ City Staff recommends that the Mayor and Common Council adopt the attached Resolution. SBE00099/3564S - t-'lAP 1.:=: "?C 15: 5~, HHl..j~II' "=:_:,!E:-HrIEL[' :=~ l,jl.:!':.':' P.51D SBE00099-12/3318S/dc 03/13/90 0340 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE AMOUNT OF AN INFRASTRUCTURE FEE TO BE LEVIED FOR RIGHT-OF-WAY IMPROVEMENTS AND PUBLIC IMPROVEMENTS FOR THE VERDEMONT AREA WHEREAS, the City of San Bernardino, California (the "City") has adopted an Ordinance (the "Ordinance") amending the San Bernardino Municipal Code and establishing and authorizing the levy of an infrastructure fee (the "Infrastructure Fee") for the purposes of funding the costs of certain Right-of-way Improvements and Public Improvements, all as more fully described in the Ordinance; and WHEREAS, the City has caused a preparation of certain engineers report entitled "Engineers Report--Right-of-way Improvements--Verdemont Area" (the "Engineer's Report") which sets forth the scope and extent of the Right-of-way Improvements and the Public Improvements required in the Verdemont area of the City (the "Verdemont Area") and /!lets forth a reasonable methodology and analysis for determination of the impact of development on the need for, and costs of, acquisition, construction and installation of the Right-of-Way Improvements and Public Improvements in the Verdemont Area; and WHEREAS, the City deems it desirable to adopt this Resolution to set the Infrastructure Fee a/!l authorized pursuant to - 1 - ~IHF: 1;:: '5D 1:::::6 HA,.IIT' "=_: EL';FIELI ::~ I),:"X, P.610 the Ordinance and to provide for any subsequent increases in the amount of the Infrastructure Fee. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Infrastructure Fee. The initial amount of the Infrastructure Fee shall be $7,375.00 per Equivalent Dwelling Unit as said term is defined in the Ordinance. Said Infrastructure Fee shall be subject to increase pursuant to the terms of any subsequent resolutions to be adopted by the Mayor and Cornmon Council which resolutions shall provide for increases to the Infrastructure Fee in order to cover any increase in costs or any administrative and carrying costs incurred in connection with the issuance of bonds or the incurring of any other form of indebtedness required in order to finance the acquisition, construction and installation of all or any portion of the Right-of-Way Improvements and/or the Public Improvements. Section 2. Time of Pavment. The Infrastructure Fees as set forth in this Resolution and attributable to a parcel of property of any fee payer or developer within the Verdemont Area shall be paid at the times and in the manner as set forth in the Ordinance: provided, however, that: - 2 - - l'lAF' 1:::: . '30 15: 57 HAI.JI II J'=,_Ie.AF~E,-D :; lKn:{1 F'.710 (i) to the extent any fee payer or developer acquires, constructs or installs any Right-of-Way Improvements or Public Improvements within the Verdemont Area such fee payer or developer will receive a credit for the value, as determined by the City Engineer, of such Right-of-Way Improvements and/or Public Improvements which credit will be applied to the amount of the Infrastructure Fee otherwise attributable to such fee payer or developer, or (11) to the extent any fee payer or developer otherwise subject to the Infrastructure Fee opts to participate in the formation aM. establishment of a Mello-Roos Community Faeilities District (a ItCFD") and such fee payer or developer's property is made subject to the levy of a CFD special tax in an amount equal to or greater than the a;ore;ate amount of the Infrastructure Fee otherwise attributable to such fee payer or developer and further that such fee payer or developer agrees to pay any and all fees in connection with the formation and administration of the CFD over and above the amounts otherwise required to fund the costs of the Right-of-Way Improvements and the PUblic Improvements then, such fee payer's or developer's participation in the CFD shall be deemed a payment in lieu of the Infrastructure Fee, or (111) any developer or fee payer shall have the option to pay a portion of the initial Infrastructure Fee attributable to such developer or fee payer at the time of issuance of a - 3 - r1AF: 13'90 15:5'=: HH1JI:PI'::,_I,EL':'FIELI' ::. 1-1':(:[' 1"'.8/10 building permit for a given project subject to such developer or fee payer's commitment to pay the remaining balance of the Infrastructure Fee as hereinafter provided. In the event a developer or fee payer opts to pay only a portion of the Infrastructure Fee as hereinabove provided, the portion to be paid at the time the developer or fee payer applies for the issuance of a building permit shall equal thirty percent (30%) of the entire Infrastructure Fee attributable to such developer or fee payer and said developer or fee payer will execute an agreement with the City whereby such developer or fee payer will agree to pay the remaining balance of the Infrastructure Fee, with interest accruing at twelve percent (12\) annually, prior to the issuance of a Certificate of Occupancy for such developer's or fee payer's project. To the extent any fee payer or developer opts to pay a portion of the Infrastructure Fee at the time of application of a building permit, such developer or fee payer will be exempt from paying any increases in the amount of the Infrastructure Fee which increases may occur prior to the issuance of the Certificate of Occupancy for such developer's or fee payer's project. Any fee payer or developer may use the credit provided for in (i) hereinabove to apply to amounts which would otherwise be levied as part of the CFD special tax provided for in (ii) hereinabove or as either the downpayrnent amount or the remaining balance amount described in (iii) hereinabove. - 4 - I'IAR E: "30 15: 59 HHllI:T"",_DE~rlFIC_I' :; l.,'::-:,D F.9,10 Section 3. This Resolution shall take effect upon the date of its adoption and shall remain in effect until any subsequent action of the Mayor and Common Council amends this Resolution. I HEREBY CERTIFY that adopted by the Mayo rand San Bernardino at a held on the day of the followino vote, to wit: the foregoing resolution was duly Common Counci 1 of the Ci ty of meeting thereof, , 19 9 0 , by AYES: Council Members NAYS: ABSENT: day of City Clerk The foregoing resolution is hereby approved this , 1990. Mayor of the City of San Bernardino Approved as to form an~ legal content: JAMES F. PENMAN City Attorney By: - 5 - 11AR 1~: .' 90 15: 5'3 HA~,II< I r ',- _DELAF I ELI' ::: IIOOI' P.1C1/10 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I; SHAUNA CLARK; City Clerk in San Bernardino, DO HEREBY CERTIFY that the copy of San Bernardino City Resolution No. true and correct copy of that now on file in this office. and for the City of foregoing and attached is a full, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Bernardino this day of , 1990. City Clerk - 6 -