HomeMy WebLinkAbout2007-149
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RESOLUTION NO. 2007-149
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF
TERRITORY (ANNEXATION NO.1) TO COMMUNITY FACILITIES DISTRICT NO.
1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE
LEVY OF TAX TO THE QUALIFIED ELECTORS.
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 Mayor and Common Council of the City, on April 2, 2007, adopted
Resolution No. 2007-101 (hereafter referred to as the "Resolution of Intention") stating its
intention to annex territory to City of San Bernardino Community Facilities District No. 1033
(hereafter referred to as "CFD No.1 033"), pursuant to the Mello-Roos Community Facilities Act
of 1982, as amended (hereafter referred to as the "Act");
WHEREAS, a copy of the Resolution of Intention, which states the authorized facilities
and services to be provided and financed by CFD No. 1033, and a description and map of the
proposed boundaries of the territory to be annexed to CFD No.1 033 ("Annexation No.1"), is on
file with the City Clerk and the provisions thereof are fully incorporated herein by this reference
as if fully set forth herein;
WHEREAS, on the 7th of May, 2007, the Mayor and Common Council held a noticed
public hearing as required by the Act and the Resolution of Intention relative to the proposed
annexation ofterritory to CFD No. 1033;
WHEREAS, at said hearing all interested persons desiring to be heard on all matters
pertaining to the annexation of territory to CFD No. 1033 and the levy of said special taxes within
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY (ANNEXATION NO.1) TO
COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX
AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS.
the area proposed to be annexed were heard and a full and fair hearing was held;
WHEREAS, prior to the time fixed for said hearing, written protests had not been filed
against the proposed annexation of territory to CFD No. 1033 by (i) 50% or more of the registered
voters, or six registered voters, whichever is more, residing in CFD No. 1033, or (ii) 50% or more
of the registered voters, or six registered voters, whichever is more, residing in the territory
proposed to be annexed to CFD No. 1033, or (iii) owners of one-half or more of the area of land
in the territory included in CFD No. 1033, or (iv) owners of one-half or more of the area ofland
in the territory proposed to be annexed to CFD No. 1033; and
WHEREAS, a boundary map for Annexation No. I to CFD No. 1033 has been filed with
the County Recorder of the County of San Bernardino, which map shows the territory to be
annexed in these proceedings, and a copy thereof is on file with the City Clerk.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
FOLLOWS:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Authorization. All prior proceedings taken by the Mayor and Common
Council with respect to CFD No. 1033 and the proposed annexation of territory thereto have been
duly considered and are hereby determined to be valid and in conformity with the Act.
SECTION 3. Boundaries. The description and map of the boundaries of the territory to
be annexed to CFD No. 1033, on file with the City Clerk are hereby finally approved, are
incorporated herein by reference, and shall be included within the boundaries ofCFD No. 1033,
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY (ANNEXATION NO. I) TO
COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX
AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS.
and said territory is hereby annexed to CFD No. 1033, subject to voter approval of the levy of the
special taxes therein as hereinafter provided.
SECTION 4. Facilities and Services. The facilities and services which CFD No. 1033 is
authorized to finance are in addition to those provided in or required for the territory within CFD
No. 1033 and the territory to be annexed to CFD No. 1033 and will not be replacing services
already available. A general description of the facilities and services to be financed is as follows:
The continued operation and maintenance of the Verdemont Fire Station, including but
not limited to payment of compensation of employees, including salary and benefits,
maintenance and operation of fire safety vehicles and the fire station structures, any
other expenses required to keep such equipment and improvements in fit operating
condition and any incidental expenses (collectively, the "O&M Expenses"), and all
necessary administrative expenses of the City. The descriptions contained herein are
general in nature and do not necessarily include all related and appurtenant costs and
expenses necessary for the proposed facilities and services.
SECTION 5. Special Taxes. It is the intention of this legislative body that, except where
funds are otherwise available, a special tax sufficient to pay for said facilities and services to be
provided in CFD No. 1033 and the territory proposed to be annexed as part of Annexation No. I,
secured by recordation of a continuing lien against all non-exempt real property in Annexation No.
I, will be levied annually within the boundaries of Annexation No. I from and after the annexation
of such property to CFD No. 1033. The special taxes shall be those as originally authorized
through the formation ofCFD No. 1033 and adopted by Ordinance of this legislative body, and no
changes or modifications are proposed in the special taxes from those as originally set forth and
made applicable to CFD No. 1033.
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY (ANNEXATION NO.1) TO
COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX
AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS.
For particulars as to the rate aud method of apportionment of the proposed special tax (the
"RMA"), reference is made to the attached aud incorporated Exhibit "A," which sets forth in
sufficient detail the method of apportionment to allow each landowner or resident within the
Annexation No. I to clearly estimate the maximum annual amount that said person will have to pay
on said special tax.
SECTION 6 Election. The provisions of the Resolution ofIntention of the City each as
heretofore adopted by the Mayor aud Common Council are by this reference incorporated herein,
as if fully set forth herein.
(a) Pursuant to the provisions of the Act, the proposition of the levy of
the special tax within Annexation No. I shall be submitted to the voters
within Annexation No. I at au election called therefore as hereinafter
provided. The Mayor aud Common Council hereby finds that fewer thau 12
persons have been registered to vote within Annexation No. I for each of
the 90 days preceding the close of the hearing heretofore conducted aud
concluded by the Mayor aud Common Council for the purposes of these
annexation proceedings. Accordingly, aud pursuaut to Section 53326 of the
Act, the Mayor aud Common Council finds that for purposes of these
proceedings the qualified electors are the laudowners within Annexation
No. I and that the vote shall be by said laudowners, each having one vote
for each acre or portion thereof that said laudowner owns in Annexation
No.1.
(b) Pursuaut to Section 53326 of the Act, the election shall be
conducted by mail ballot under. section 1340 of the California Elections
Code. The Mayor aud Common Council called a special election to
consider the measures described aud incorporated as Exhibit "B," which
election shall be held on May 7, 2007 (hereafter referred to as "Election
Day"). The City Clerk was the election official to conduct the election aud
provided each laudowner in the territory to be annexed to CFD No. 1033,
a ballot in the form of Exhibit "B", which form is hereby approved. The
City Clerk has accepted the ballots of the qualified electors received prior
to 4:00 o'clock p.m. on Election Day, whether received by mail or by
personal delivery.
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY (ANNEXATION NO. I) TO
COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX
AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS.
The Mayor and Common Council hereby further finds that the provision of
Section 53326 of the Act requiring a minimum of90 days to elapse before
said election is for the protection of voters, that the voters have waived such
requirement and the date for the election hereinabove specified is
established accordingly.
//1
/1/
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY (ANNEXATION NO. I) TO
COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX
AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a i oint regular
meeting thereof held on
the 7th
day of May
,2007, by the following vote, to-wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA X
BAXTER X
X
BRINKER
DERRY X
KELLEY X
X
JOHNSON
MCCAMMACK X
~e~~ h.~
The foregoing resolution is hereby approved this ~ day of May
,2007.
ayor
Approved as to form:
JA~,4~
05/03/07
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EXHIBIT A
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 1033
CITY OF SAN BERNARDINO
This Rate and Method of Apportionment of this Special Tax sets forth the special tax
applicable to each Assessor's Parcel within Community Facilities District No. 1033 ("CFD No.
1033") ofthe City of San Bernardino ("City") to be levied and collected according to the special
tax liability determined by the Common Council of the City, acting as the Legislative Body of
CFD No. 1033. The applicable Special Tax shall be determined pursuant to the application ofthe
appropriate amount or rate as described below. All Taxable Property within CFD No. 1033,
unless exempted by law, or the provisions of Section E, below, shall be subject to the applicable
Special Tax levied and collected to the extent and in the manner herein provided.
This Rate and Method of Apportionment also is provided as an explanation to allow
landowners or residents within CFD No. 1033 to estimate the Special Tax to be annually levied
and collected, or prepaid, as the case may be, with regard to property within CFD No. 1033.
A. Definitions
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 of the California
Government Code.
"Administrative Expense" means any costs incurred by the City on behalf of CFD No.
1033 related to the determination of the amount of the annual levy of the Special Tax, the
collection of the Special Tax, and the other costs incurred in order to carry out the
authorized purposes ofCFD No. 1033.
"Special Tax" means the special tax to be levied in each Fiscal Year pursuant to Sections
C. and D. on each Assessor's Parcel for a period not to exceed 30 years including the
Initial Fiscal Year.
"Assessor's Parcel" means a parcel of land as designated on an official map of the San
Bernardino County Assessor which has been assigned a discrete identifying parcel
number.
"CommerciallRetail/Office/lndustrial Property" means property zoned for commercial,
retail, office or industrial uses or other non-residential uses.
"Common Council" means the Common Council of the City of San Bernardino.
"Residential Property" means for any Fiscal year all Taxable Property for which a
foundation building permit for single family or multi-family units was issued prior to
May I preceding the Fiscal Year in which the Special Tax is being levied.
"Facilities" means the Fire Station Services as may be identified in the Community
Facilities District Engineer's Report prepared for CFD No. 1033 on file in the Office of
the City Clerk, or 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")
to be financed by CFD No. 1033 pursuant to the Act.
"Fiscal Year" means the period starting on July 1st and ending the following June 30th.
"In-Lieu Fee" means a one-time 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 an estimated cost report:
Residential Zone
$6,349.88 per residential dwelling unit as an In-
Lieu Fee
Commercial, Retail, Office Zone
$44,358.47 per acre of development as set forth on
a site plan of development as an In-Lieu Fee
Industrial Zone
$44,358.47 per acre of development as set forth on
a site plan of development as an In-Lieu Fee
"Land Use Class" means any of the classes of Property listed in Table I and Table 2,
below.
"Project" means any project undertaken for the purpose of development involving the
approval or issuance of any permit or entitlement for use by any governmental agency
and includes ail such permits and entitlements for use whether classified as quasi-
legislative, quasi-judicial or ministerial in nature, including, but not limited to, the
adoption, amendment, approval or issuance of any general plan, specific plan, master
plan, zoning ordinance, tentative subdivision map, tentative parcel map, final subdivision
map, final parcel map, variance, conditional use permit, site plan, plot plan, development
plan, annexation, public utility connection, building permit and certificate of occupancy.
"Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 1033
which are not exempt from the Special Tax pursuant to the Act and the provisions of
Section E. herein.
B. Assignment to Land Use Classes
As soon as practicable, as of May I for the next succeeding Fiscal Year, all Taxable
Property within CFD No. 1033 shall be categorized as Residential Property or either
CommerciallRetail/Office/Industrial Zone Property. Taxable Property shall be subject to
a Special Tax pursuant to Sections C. and D. below.
C. Special Tax
1. Residential Property
The Special Tax for each Assessor's Parcel classified as Residential Property
shall be the amount determined by reference to Table 1 and the paragraphs that
follow Table 1.
Table 1
Special Tax Rates for Residential Property
(For the Initial Fiscal Year 2004-05)
Land Use Class
Land Use Description
Special
Tax Per Unit (2004-05)
I
2
Single Family Detached Unit
Multi-Family Unit/Attached Dwelling Unit
$350.00
$350.00
In determining the Special Tax which may be levied in any Fiscal Year, on July 1,2005, and on
each July I thereafter, the Special Tax shall be increased by an amount not to exceed 2 % of the
amount in effect for the previous Fiscal Year, up to the Fiscal Year commencing July 1,2033.
The Special Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (30th)
Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005, i.e., the Special Tax
shall terminate as of June 30, 2034.
2. CommerciaI/Retail/Office/Industrial Zone Property
The Special Tax for each Assessor's Parcel classified as either Commercial,
Retail, Office, or Industrial Zone Property shall be the amount determined by
reference to Table 2 and the paragraphs that follow Table 2.
Table 2
Special Tax Rates for CommerciallRetail/Office/Industrial Zone Property
(For the Initial Fiscal Year 2004-05)
Land Use Class
Land Use Description
Special
Tax Per Acre (2004-05)
3
4
5
6
Commercial
Retail
Office
Industrial
$2,445.00
$2,445.00
$2,445.00
$2,445.00
In determining the Special Tax which may be levied in any Fiscal Year, on July 1,2005, and on
each July I thereafter, the Special Tax shall be increased by an amount not to exceed 2 % of the
amount in effect for the previous Fiscal Year, up to the Fiscal Year commencing July 1,2033.
The Special Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (30th)
Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005, i.e., the Special Tax
shall terminate as of June 30, 2034.
D. Method of Apportionment of the Special Tax
Commencing with Fiscal year 2004-05, and each Fiscal Year thereafter, the Council shall
determine the Special Tax to be collected from Taxable Property in CFD No. 1033. The
Council may levy the Special Tax on all Assessor's Parcels of Development Property by
levying the Special Tax for Land Use Classes 1,2,3,4,5 and 6.
E. Limitations
The Council shall not levy a Special Tax on properties owned by the State of California,
federal or other local governments, except as otherwise provided in Sections 53317.3 and
53317.5 of the Act. Property which becomes the property of the State of California, the
federal govemment or other public agency is liable for the Special Tax levied in the
Fiscal Year during which such transfer occurs and will be subject to the Special Tax in
each Fiscal Year thereafter under the original Land Use Class for such Assessor's Parcel.
Such Assessor's Parcel may be exempted, at the direction, and in the discretion, of the
Council in any Fiscal Year.
F. Prepayment of the Special Tax
Any owner of property within CFD No. 1033 may discharge the Special Tax obligation
in full or in part, by making payment pursuant to the applicable Sections F. 1. or F. 2 as
follows:
1. Upon the Approval of a Tentative or Parcel Map
At the time of approval of a tentative or parcel map, the owner of such residential
unit may prepay the Special Tax in full or in part by making a cash payment to
CFD No. 1033, in which case the Special Tax for the Initial Fiscal Year, and each
Fiscal Year thereafter, shall be reduced according to the following steps:
a. Determine the maximum prepayment if the owner were to prepay the
Special Tax in entirety. For example, for Projects approved prior to July I,
2005, the maximum prepayment for each residential unit is $6,439.88 and
for each acre of development as set forth on a site plan of development for
Commercial/Retail/Office or Industrial zone property is $44,358.47.
b. Determine the property's revised Special Tax by multiplying the
property's applicable Special Tax for the Initial Fiscal Year determined
pursuant to Section C. I. by one minus the quotient obtained by dividing
the cash payment made by the owner pursuant to this Section F. I .b. by
the maximum prepayment obligation determined pursuant to Section F. I
.a. The property's revised Special Tax for the Initial Fiscal Year, and each
Fiscal Year thereafter, shall be the Special Tax for the applicable land use
designation (Residential or Commercial/Retail/Office/Industrial zone
Property) for purposes of Sections C. and D. herein.
2. After the Approval of the Tentative Map/Parcel Map
After the time a tentative or parcel map has been approved, and prior to May I for
the next succeeding Fiscal Year, the owner of such parcel may prepay the Special
Tax in full or in part by making a cash payment to CFD No. 1033, in which case
the Special Tax for the applicable Fiscal Year, and each Fiscal Year thereafter,
shall be reduced according to the following steps:
a. Compute the present value of the Special Tax using a period equal to the
lesser of the remaining term for which the Special Tax may be levied on
such parcel; then
b. Multiply the amount determined in Section F.2.a; above, by the owner's
desired prepayment percentage (which shall be a minimum of twenty
percent (20%) of the present value of the total Special Tax) to determine
the prepayment amount subject to additional adjustments as specified
below; then
c. Add the following to the result of Section F .2.b.:
I) Unpaid special taxes, interest and penalties, if any, which have
been entered on the Assessor's tax roll; and
iv) a $75 administrative charge per Assessor Parcel.
d. The Special Tax applicable to property utilizing a prepayment percentage
less than 100% shall be revised in the Fiscal Year following the date of
prepayment by multiplying such property's Special Tax by the
prepayment percentage actually determined in Section F.2.b. Such
property's revised Special Tax for the Fiscal Year following the date of
prepayment, and each Fiscal Year thereafter, shall be the Special Tax for
such property for purposes of Sections C. and D. herein.
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. The
Special 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.
G. Manner of Collection
The Special Tax will be collected in the same manner and at the same time as ordinary ad
valorem real property taxes. The Special Tax shall be subject to the same penalties and
the same procedure, sale and lien priority in case of a delinquency as provided for with
ad valorem taxes. The collection of the Special Tax shall otherwise be subject to the
provisions of the Act. The Common Council reserves the power to provide for alternative
means of collection of special taxes as permitted by the Act.
H. Termination of Special Tax Levy
Provided that Special Taxes previously levied on an Assessor's Parcel are not delinquent,
the lien of special taxes ofCFD No. 1033 shall terminate as to such Assessor's Parcel at
the close of the thirtieth (30) Fiscal Year following the beginning of the Initial Fiscal
Year for such Assessor's Parcel. Furthermore, provided an owner within CFD No. 1033
fully and completely discharges their special tax obligation pursuant to Sections F.!
and/or F.2, the lien of special taxes ofCFD No. 1033 shall terminate.
Pursuant to Section 53330.5 of the Act, the Common Council shall, upon written request,
cause to be recorded in the official records of San Bernardino County a Notice of
Cessation of Special Tax Lien for each Assessor's Parcel upon termination of the lien on
such Assessor's Parcel.
I. Review/Appeal Board
The Council shall establish, as part of the proceedings and administration of CFD No.
1033, a special Review/Appeal Board.. Any landowner who feels that the amount of the
Special Tax, as to their Assessor's Parcel, is in error may file a notice with the
Review/Appeal Board appealing the amount of the levy. The Review/Appeal Board shall
interpret this Rate and Method of Apportionment of the Special Tax and make
determinations relative to the annual administration of the special tax and any landowner
appeals, as herein specified.
EXHIBIT "B"
g.""'...
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OFFICIAL BALLOT
SPECIAL ELECTION
City of San Bernardino Community Facilities District No. 1033
Annexation No.1
This ballot is for a special landowner election. You must return this ballot in the enclosed
Identification Envelope to the office of the City Clerk of the City of San Bernardino no later than 3:00 p.m.
on May 7, 2007, by rnail or in person; or in person to the location of the public hearing no later than 3:00
p.m. on May 7,2007. The City Clerk's office is located at 300 N. "D" Street, 2nd Floor, San Bernardino,
California, 92418. The public hearing will be held at the City Council Chambers, 300 N. "D" Street, San
Bernardino, California.
This ballot represents 6 votes.
To vote, mark a cross (X) in the voting square after the word "YES" or after the word "NO". All
marks otherwise made 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 San
Bernardino to obtain a replacement ballot.
PROPOSITION k Shall special taxes with a rate and method of
apportionment as. set forth in Exhibit "A" to the resolution entitled "A
Resolution of the Mayor and Common Council of the City of San Bernardino,
California, Authorizing the Annexation of Territory (Annexation No.1) to D
Yes
Community Facilities District No. 1033 and Authorizing the Levy of a Special
Tax and Submitting the Levy of Tax to the Qualified Electors." (the "Resolution
of Annexation") be levied annually on taxable property within City of San ,
Bernardino Community Facilities District No. 1033, Annexation No.1, to pay for: D
the continued operation and maintenance of the Verdemont Fire Station. and No
incidental expenses thereto?
PROPOSITION B: Shall the City of San Bernardino on behalf of City of San
Bernardino Community Facilities District No. 1033, Annexation No.1
("Annexation No.1") establish an annual appropriations limit for Annexation
No.1, as defined by subdivision (h) of Section 8 of Article XIIIB of the
California Constitution, in the amount of $1,000,000?
YesD
NoD