HomeMy WebLinkAbout20-Public Works
.
CITY OF SAN BERNA.QINO -
File No. 14.40-80
REQUEST FOOCOUNCIL ACTION
FroOROGER G. HARDGRAVE
D~: public Works/Engineering
DlIt8: 11-14-90
Subj8ct:
Authorization to Execute School Fee
Mitigation Agreement -- Payment
of School Impaction Fees by Mello-
Roos community Facilities
District No. 995 -- Monnig Develop-
ment, Inc.
Synopsis of Previous Council action:
04-16-90 Adopted Resolution of Intention to establish District
No. 995.
06..18-90 Adopted Resolution forming the District.
07..02-,90 Adopted Resolutions confirming election results and
validating Ordinance MC-735.
07-16-90 Adopted Ordinance MC-735 authorizing levy of Special
Tax.
Recommended motion:
o
Adopt resolution.
cc: Shauna Edwins
Andrew Green
Jim Penman
Craig Graves
//"
fJ1t
,J /
fl.,..
-.....,,/
zt: ..~J~/:'
". /' /' ~/'I'" (
nat e
Contact person:
Supporting dllt8 attaChed:
Verne Nadeau
Staff Report, Agreement
& Resolution
Phone:
5026
Ward:
5
FUNDING REQUIREMENTS:
Amount: $435,728.00
Source: (Acct. No.1 251-673-53925
(Acct. Descriotionl Verdemont Area Communities
To be paid from assessments. Finance: (~ :Jj,..,
Facili-
c:Jties District.
Council Notes:
Agenda Item No
-Zo
CITY OF SAN BERNA.iINO - REQUEST FO"COUNCIL ACTION
o
o
o
STAFF REPORT
The Mello-Roos community Facilities District was
established at the request of 4 subdividers, in order to finance
their Verdemont Area Infrastructure Fee. School Impaction Fees
were also included in the Mello-Roos District. .
payment of school fees through the Mello-Roos District
would allow the funds to go directly to the School District
instead of through Sacramento. However, the funds financed
through the Mello-Roos District have to equal at least 50% of
the total cost for school facilities in the area. This require-
ment resulted in the subdividers paying slightly more than the
$1.58 per square foot set forth by State law.
The proposed Agreement is with Monnig Development, Inc.
Similar agreements will also be needed with the other 3 property
owners. The Agreement provides, in general, that the fees to be
paid through the Mello-Roos Assessment District will satisfy all
school facility requirements, and that the School District will
not impose any additional requirements or oppose development of
Tracts No. 14260, 14261 and 14193. The total amount of fees to
be paid to the School District for those three tracts is
$435,728.00.
Section 3.3 of the Agreement provides that the funds
shall be used for school facilities within the Verdemont Area.
The School District's position is that building permits
for these two tracts cannot be issued until the fees are paid
from the bond proceeds.
The Agreement has been executed by the School District
and Monnig Development, Inc.
We recommend that the Agreement be approved.
11-14-90
o
o
.
o
o
RESOLUTION NO.
1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED
3 SCHOOL DISTRICT, COMMUNITY FACILITIES DISTRICT NO. 995 AND MONNIG
DEVELOPMENT, INC., A CALIFORNIA CORPORATION IN CONNECTION WITH
4 THE MITIGATION OF SCHOOL FEES.
5
6
7
8
9
10
11
12
13
14
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor is hereby authorized and directed
to execute, on behalf of said City, an Agreement for School Fee
Mitigation with the
City Unified
School District
and Monnig
Development,
Inc. ,
California
corporation,
behalf
of
on
a
Community
Facilities
District
No.
995,
copy of
which
is
a
attached hereto marked Exhibit
"A,"
and incorporated herein by
reference as fully as though set forth at length.
SECTION 2.
This resolution is rescinded if the parties
to the Agreement for Mitigation of School Fees is not executed
15
days of the passage of this resolution.
within sixty (60)
16
17 / / / /
18 / / / /
19 / / / /
20 / / / /
21 / / / /
22 / / / /
23 / / / /
24 / / / /
25 / / / /
0 26 / / / /
/ / / /
27
28 / / / /
11-14-90
--.. ---
o
o
o
RESO:
& li JL
AUTHORI~G EXECUTION OF AN AGREEMENT WITH MU~~~~
DEVELOPWJT, INC. RELATING TO P~NT OF SCHOOL
FEES.
.li
1
I HEREBY CERTIFY that the foregoing resolution was duly
and Common Council of the City of San
2 adopted by the Mayor
3 Bernardino at a
4 _day of
5 Council Members:
6 ESTRADA
7 REILLY
8 FLORES
9 MAUDSLEY
10 MINOR
meeting thereof, held on the
, 1990, by the. following vote, to-wit:
~
~
ABSTAIN
11 POPE-LUDLAM
12
13
14
15
16
17
18
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
, 1990.
w. R. Holcomb, Mayor
ci ty of San Bernardino
19
Approved as to form
20 and legal content:
21
James F. Penman
City Attorney
22 1l........Jnlll. .
23 /JV~ ___V
24
25
26
27
28
11-14-90
- 2 -
o
o
o
o
o
; -
SCHOOL FEE KITIGATION AGIIIUnfllMT
1. PARTIES AND DATE
THIS SCHOOL FEE KITlGATION AGREEMENT is made and entered into this
dey of November, 1990, by and among the SAN BERNARDINO -CITY UNIFIED SCHoo~
DISTRICT (hereinafter the "District"), a school district organized and
existing under the laws of the State of California (the "State"), and KONNIG
DEVELOPKENT, INC., GENERAL PARTNER OF ONE FIFTY LlKITED PARTNERSHIP, a
California limited partnership and ONE FORTY SEVEN LIKITED PARTNERSHIP, a
California limited partnership (the "Landowner"), which owns property or is
representing the owner of property within the boundaries of the CFD;
2. RECITALS
2.1 The Landowner is the owner or representative of the owner of the
undeveloped property described in Exhibit "A" hereto (the "Property") situated
within the boundaries of the CFD which the Landowner proposes to develop for
various land uses; and
2.2 The City of San Bernardino (the "City") has undertaken proceedings
to form the CFD pursuant to the Kello-Roos COlllllunity Facilities Act of 1982,
as amended (the "Act"), to fund certain public facilities and to pay certain
fees necessary to the development of the Property, including the payment of
certain fees to the District; and
2.3 The District and the Landowner have agreed upon the payment of
certain fees from the proceeds of bonds proposed to be issued by the CFD in
full satisfaction of the Landowner's obligation with respect to the impact of
the development of the Property on school facilities of the District which are
represented by the fees described in this Agreement; and
NOll, THEREFORE, in consideration of the mutual covenants contained
herein, the District, the CFD, and the Landowner, do hereby agree as follows:
3. T1t1tHS AND COND:ITIONS
3.1 Definitions
"Act" means the Kello-Roos COlllllunity Facilities Act of 1982, as amended,
set forth at Title 5 (commencing with Section 53311), Division 2, Chapter 2.5
of the Government Code of the State.
"Bonds" means the bonds of the CFD proposed to be issued to fund certain
fees and public facilities necessary for the development of the Property.
"Developments" means the development projects to be constructed by
Landowner on the Property as described in Exhibit C, the impact of which on
the need for school facilities is to be mitigated by this Agreement.
"Fees" means those schools listed in Exhibit "B" hereto and those fees
which are normally charged by the District to a landowner pursuant to
~
ill
-
o
o
o
Goverument Code Sections 53080 or 65995 upon recordation of final subdivision
map or application for a building permit for development of property vithin
the District.
"Mayor and Co_on Council" means the Mayor and Common Council of the
City.
3.2 Satisfaction of ObliaatioD
The District agrees that facilities capacity created by the Fees
contemplated to be paid from the proce.d. of bonds proposed to be i..ued by
the crn as contemplated by this Aqreement vill sati.fy all .chool facility
requirements for the Developments to be constructed by Landowner.
By the payment of the Fees in the amounts and under the terms and
conditions described in Exhibit "B" hereto, the Landowner, and it. re.pective
succe..or. and as.igns, .hall be d..med to bev. fulfill.d and .ati.fi.d it.
entire obligation to assist in financing .chool facilities to ..rve the
student population to be generated by development of the Property vith the
Developments. ~ a result, the District 'and the crn ber.by each cov.nant
that .ach of them will not und.r any circum.tanc.. at any time:
o
ea) exercise any pover or authority (under Section 53080 of the
California Goverument Code or any other provi.ion of applicabl. law) to l.vy
a fee, charge dedication, or other form of requ1r...nt against the
Developments undertaken on the Property for the purpo.e of funding or
financing any .chool facilities to .erve the Developments; provided, hoVever,
that this subsection (a) shall not exelllpt the Property from the levying of ad
valorem real property taxes or from liability for future general obligation
bonds or other taxes levied pursuant to a vote of the .lector. re.iding
therein.
(b) r.quire the County of San Bernardino (the "County"), or any
other goverumental entity, in the exercis., of, the pover under Titl. 7,
Division 1, Chapter 40.7 of the California Gover_nt Code (c_ncing with
Section 65970) or any other provi.ion of applicabl. 1... to require the
dedication of land, the payment of f.es in li.u ther.of. or both. for
classroom or relat.d facilities for el...ntary, middl. or high schOOls as a
condition to the approval of the Development. on the Property; provided,
however, that this subsection (b) shall not exempt the Prop.rty from the
levying of ad valorem real property tax.. or from liability for future
general obligation bonds or other taxes levied pursuant to a vote of the
electors re.iding therein.
(c) Oppo.e construction of the Developments on the Property.on.;the
ba.is of inadequate school faciliti.. or ...k other form. of mitigationjv~th
respect to the adequacy of .chool facilities to serve the D.velopme.~~i
including, but not limited to. the establi.hMnt of developer .f.....:.:~t
payment of money by the Landowner, the dedication of land, or.the ~1.i,!;~~~on
of an as....ment or requir_nt of any nature aqainat the Land0vn8r;~or~thet.
. . .~.,....,.
Property permitted by pre.ent or future State of California 1.... rullJW.~'
regulation. and court deci.ions if the proc..de of .uch a..e....nt or . .
requirem.nt will be u..d to financ. or fund any .chool faciliti.. to ..rve
o
2
386lm5
o
o
o
'.
o
o
tbe Developments: provided bo_ver, that this sllbsecUon (c) sball !lOt ezempt
the Property fr_ the levyinq of ad valorem real property tues or fr_
liability for future general obligation bonds or other tues levied pursuant
to a vote of the electors residing therein.
3.3 Use of Proceeds by School District. The School District agrees
that tbe funds from the proceeds of bonds to be issued by the crn shall be
used for scbool facilities and school site acquisition within the VerdelllOnt
area as approved by the Office of Local Assistance, which such facilities and
site ecquisition are of be~efit to the land and development projects charged
for repayment of said bonds.
4. KISCELLJ,1IRntIS
Successors All of the covenants, stipulations, promises, and
contained in this Aqree_nt by or on behalf of, or for the benefit
the parties hereto, sball bind or insure to the benefit of the
of the respective parties.
4.1
agreements
of, any of
successors
4.2 Amendment This Aqre.-nt sball be Slll8nded only by a written
instrument ezecuted by the parties bereto or their successors.
4.3 Severabilitv If any provision of this Aqreement sball be beld to
be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining portions bereof shall not in any way be
affected or impaired thereby.
4.4 Entire ADreement This Aqreement supersedes and cancels any and all
other agreements, either oral or written, bet_en the parties with respect to
the sllbject matter herein. Each party to this Aqree_nt aclUlowledges that no
representation by any party Which is !lOt embodied herein or in any other
agreement, state_nt, or promise not contained in this Aqree_nt shall be
valid and binding. The parties hereto agree to act in a manner which will
not frustrate the purposes of this Aqree_nt.
4.5 Governina Law Tbis Aqreement shall be governed by and construed in
accordance witb the laws of the State of California.
4.6 Execution This Agreement may be ezecuted in several counterparts
each of wbich shall be an original and all of wbicb sball constitute but one
and the same agreement.
4.7 Attachments: The following ezbibits are attacbed to this Aqree_nt
and incorporated berein by reference:
Ezhibit A _ Legal Description of Property
Ezhibit B _ Description of Facilities
Ezhibit C _ Description of Developments by Landowner
Exhibit D _ Special Tu Rate and Method of Apportionment
3
38611115
o
o
o
o
,
11.
-
~
o
,
IN WITNESS WBEIlEOF. the parties hereto have executed this School Fee
Kitigation Agreellent on the day and year first above written.
ATTEST:
SAN BERNAlUlINO CITY UNIFIED SCHOOL DISTRICT
BY~ ~--VV""-
of the Board of Education
ATTEST:
By:
Clerk of the City of S~
Bernardino, Ex Officio the
Legislative Body of Community
Facilities District No. 995
(Verdellont Area)
COKKUNITY FACILITIES DISTRICT NO.
995 (VERDEKONT AREA)
Kayor of the City of San Bernardino,
Ex Officio the Legislative Body of
Community Facilities District No. 995
(Verdellont Area)
HONNIG DEVELOPKENT. INC.. GENERAL PARTNER
OF ONE FlFrY UKITED PARTNERSHIP AND ONE
FOR.TY SEVEN UKITED PARTNERSHIP (Landowner)
~~~: J.-;~JL~' tL
,
4
.
II
J.
~
o
o
o
EXHZBX-r IIA"
LEGAL DBSCRl:P'.rl:ONS
TRACT 14260
TBB SOUTBBUT QUARTBll 01' LOTS 2 UD .. l:NCLUSl:VB, BLOClt
60, ACCORDl:BG TO PLAT 01' TOO 01' IBVDIGTIOB LU1D ,UD
nTEll COXPUY, AS PO PLAT BCORDED D BOOlt 3 01' BPS,
PAGB " BCORDS 01' SAID COUII'fY I UD 'fDT PORTIOR 01' LOT
1, BLOClt 60, ACCORDIBG TO 'fIIB PLAT 01' 'fJIB TOn 01'
l:llVl:BGTOB, UD TBB LU1D 01' IBVDIGTOB LU1D UDl n.,.a
coKPUY, AS PBR PLAT BCORDED l:N BOOlt 3 01': DP8,~ "
BCORDS 01' SAID COUII'fY, LYIJlG SQU'lIl 01' 'fJIB BO~'IBJlLY
Ll:BB 01' lIUSCUPl:ABB RABCBO, AS 8B01III OR DP 01' S~.v.I'~B
BY GEORGB B. PBItIlDl, UPIlOVBD BY 'fJIB UBITBD STATES
S1JJlVBYOll GBBBRAL I'OR CALl:I'OUD OB JUBB 24,18'8.
COURTY 01' SAN BBRDllDDIO, STATE 01' CALII'ODlU.
TRACT 14261
o
TBB SQuTAw..ST QUOTBll 01' LOTS 2 UD .. IBCLUSl:VB, BLQClt I
60, ACCORDIBG TO PLAT 01' TOO 01' IBVDIGTOB ~~~"'fB1l
COKPUY, AS PBll PLAT BCORDED IB BOOlt ,3 OI'~JI~"P~':',
BCORDS 01' SAID COUII'fYI UD 'fDT PORTIOB~";"I.Q:r:.,1,!~J.Aclt
60, ACCORDl:NG TO TBB PLAT 01' TBB 'f01III OI',;~";,:~;PD
TBB LU1D 01' l:llVl:BGTOB LU1D UD nTEll COKP~:,t(~~_I~T
llBCORDBD l:N BOOlt 3 01' DP8 PAn " B~~f.()lli\WD ,
COUII'fY, LYl:BG SOU'lll 01' 'fJIB JIOR'IJIBAS'fBll,JoY.' .,L%)P.lt::OI'
lIUSCUPl:DB RABCBO, AS 8B01III OB DP 01' Su..vat' ~B;;BY
GEORGB B. PBIl1U:B, APPItOVBD BY 'fJIB UBITBD STATES S1JJlVBYOll
GBBBRAL I'OIl CALII'OUD OB JUBB 24, 1898. COUII'fY OI'SAN
BBDlDDIBO, STATE 01' CALII'OUD.
'tRACT 14193
PARCEL 1
TBB BOll'tBBUT QUARTEll 01' BLOClt 55, 01' l:IlVl:N!JTOB ~;'UD
nTEll COIlPANY' S SUBDIVISIOB, D TBB co1JJitU,;['o,iitrSiit
BBllDVJ>l:BO, STATE 01' CALl:I'OUD, ACC01tDDt.Ci!~~f\li~T
TBBBOI' BCORDBD l:B BOOlt 3 01' BPS, PAD " BCORDS~' 01'
SAID COURTY. ' ,
PARCEL 2
,.
o
'to BOllTB1lBSTBllLY QUOTER 01' BLOClt 55, 01' l:llnBGTOB LU1D
UD n'tBll COKOPUY, AS UR PLAT llBooRDBD IB BOOlt 3 01'
MAPS, PAGB " BooRDS 01' SAID ooUII'fY.
I
I'
f-
o
o
o
-
-
J.
o
EXJ[[Brr -B-
o
The District's alternatives for'use of the proceeds from the
community Facilities District are a function of the availability
of funds from the state School Building PrOc;Jru. Alternatives
include the following:
1) The'District owns a ten'acre elementary school site
near the corner of Palm and Belmont Avenues in San
Bernardino, california. Plans and specifications for
the project are currently under review by the Office of
the state Architect. The District could pledge the
proceeds from the CFD as a 50' of the project. The
state's ability to fund 50' is dependent on available
state School Bond funds from the upcoming November 1990
Bond election.
2) If the state is unable to fund 50' of the project from
the November 1990 BondS, the District may elect to wait
until such time as state funds are available. In this
case the CPD funds would be unused for an indefinite
period.
3) If the State is unable to fund 50' of the project, the
District may elect to pursue a number of other options
including:
a)
acquisition of a site or sites for future
construction of school facilities
b) acquisition and placement of portable
classrooms on District-owned land and or
existing school sites
c) purchase of furniture and equipment for
acquired portable classrooms
These options will be presented to the Board of Education of the
San Bernardino city Unified School District for a decision before
any funds are expended.
#bondele
~
.L
-
~
.-
o
o
o
BDXBXT "C"
DBVBLOPIODI'J! DIISCRXP'1!XON
TDC'l! 14260 .XLL COBSXST OJ' 24 UBGLB J'UJ:LY BOllES
RPGXBG !'ROM 1495 SQUAU OIlT TO 2250 SQUAU OIlT.
TDC'l! 14260 Wl:LL COBUST OJ' 24 SDlGLB J'UJ:LY BOllES
RPGXBG J'ROK 1495 SQUAU nIIT TO 2250 SQUAU J'llIIT.
'.meT 14193 Wl:LL COBSIST OJ' 75 SDlGLB J'UJ:LY BOllES
RPGIBG !'ROM 1495 SQUAllII OIlT TO 2250 SQUAU J'llIIT.
'.
o
o