HomeMy WebLinkAbout15-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Public hearing, 4:00 p.m., and
Resolution approving the annexation,
Resolution calling the special election and
Resolution certifYing the results of an election
relative to CFD 1033 Annexation No.5 for
property consisting of a residential
development located at Belmont Avenue and
Olive Avenue (Tentative Tract No. 17396).
Dept: Development Services
Date: February 4, 2008
File No.14.40-132.05 MCC Date: March 3, 2008
Synopsis of Previous Council Action:
06-21-2004- Resolution No. 2004-210 was adopted establishing Community Facilities District
No. 1033 relative to operation and maintenance costs of the Verdemont Fire Station.
06-04-2007 - Resolution No. 2007-176 was adopted, approving the execution of a Funding and
Mitigation Agreement.
01-22-2008 - Authorization to proceed with CFD 1033 Annexation No.5 was given and
Resolution of Intention No. 2008-17 was adopted.
Recommended Motion:
1. That the public hearing relative to Annexation No.5 to Community Facilities District No.
1033 be closed; AND
2. Adopt Resolution Approving Annexation No.5; AND
3. Adopt Resolution Calling the Special Election; AND
4. Adopt Resolution CertifYing the results of an Election.
'(dJAiv t.1(HV"
Valerie C. Ross
Contact person: LASZLO "Les" FOGASSY
Supporting data attached: Staff Report, Map,
ResolutIOns (3)
FUNDING REQUIREMENTS: Amount: None
Ward:
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public hearing, 4:00 p.m., and Resolution approving the annexation, Resolution calling the
special election and Resolution certifying the results of an election relative to CFD 1033
Annexation No. 5 for property consisting of a residential development located at Belmont
A venue and Olive Avenue (Tentative Tract No. 17396).
BACKGROUND:
On June 21, 2004, Resolution 2004-210 was adopted, establishing a Community Facilities
District, known as CFD 1033 ("CFD"). This was in anticipation of funding a portion of the
ongoing operation and maintenance costs for the fire station as a CEQA (California
Environmental Quality Act) impact mitigation. Initially, the district boundary included two tracts
on the northeast and northwest comers of Palm Avenue and Irvington Avenue, and a 90 acre
parcel of land, located northwest of Little League Drive and the 1-215 Freeway, which is
currently owned by the Redevelopment Agency. In 2005, the Verdemont Fire Station, located on
Palm Avenue, north of Kendall Drive, was completed.
On June 4, 2007, Resolution No. 2007-176 was adopted, approving a Funding and Mitigation
Agreement with Delgado Developers, the owner/developer of Tentative Tract No. 17396, located
southerly of Belmont Avenue and easterly of Olive Avenue (APN 0261-152-08). This
subdivision and development will contain 14 single family residential lots. The owner/developer
has requested annexation into CFD No. 1033 and has paid the annexation processing fee of
$5,900.
On January 22, 2008, Resolution of Intention No. 2008-17, approving Annexation Map No.5, .
was adopted. The Resolution ofIntention set a public hearing for March 3, 2008. A notice and a
ballot were mailed to the property owner as required by law. Since the area to be annexed has
less than 12 registered voters, election of the annexation is by property owner. At the conclusion
of the public hearing, a Resolution authorizing the annexation, a Resolution Calling the Special
Election (mailed ballots) and a Resolution Certifying the Results of an Election will need to be
considered. Approval of the annexation process and assessment levy normally requires 2/3rds of
the votes received in favor of the annexation and assessment. Since there is only one property
owner, it will require I ballot in favor of the proposed annexation and proposed assessment.
Since the annexation, or payment of In-Lieu fee is a condition of approval for these
developments, a favorable ballot is anticipated. In the event that the property owner does not
return a favorable ballot, the owner will have to pay the In-Lieu Fee pursuant to the Conditions
of Approval, and prior to obtaining approval of the final tract map.
The total annual assessment approved for all prior annexations to CFD 1033, including the
original formation of the district, is $586,313. Approval of this annexation will add an annual
amount of$5,303, for a total of $591,616. The assessments are subject to an annual increase of
2%.
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FINANCIAL IMPACT:
The annexation processing fee of $5,900 has been paid by the property owner. The initial annual
assessments for all 14 lots in the subdivision will be $5,303, subject to an annual increase of2%
each year. All assessments collected are to be used for funding a portion of the operation and
maintenance costs of the Verdemont Fire Station.
RECOMMENDATION:
Staff recommends that the public hearing be closed and the attached resolutions (3) be adopted.
ATTACHMENT:
Vicinity Map
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Location of Proposed CFD No. 1033
Annexation NO.5 - IT 17396
No Scale
Highland Ave.
Base Line St.
5th St.
Mill St.
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Oran e Show Rd. ~
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VICINITY MAP
VERDEMONT FIRE STATION
SERVICE AREA SHOWN AS: -._._
CITY OF SAN BERNARDINO
_VELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
PROPOSED ANNEXATION NO. 5 -
CFD NO. 1033 - VERDEMONT FIRE
STATION
~ indicates un-incorporated areas
~ within City's Sphere of Influence
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Created by: J-, H6~.s..r...
Date: z/r,(w
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF
TERRITORY GENERALLY LOCATED SOUTHERLY OF BELMONT A VENUE,
EASTERLY OF OLIVE AVENUE (ANNEXATION NO.5) 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 January 22,2008, adopted
Resolution No. 2008-17 (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.5"), 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 3rd of March, 2008, 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 of territory to CFD No. 1033;
WHEREAS, at said hearing all interested persons desiring to be heard on all matters
pertaining to the annexation ofterritory to CFD No.1 033 and the levy of said special taxes within
5 - 3-09
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02/21/08
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1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY GENERALLY
2 LOCATED SOUTHERLY OF BELMONT A VENUE, EASTERLY OF OLIVE A VENUE (ANNEXATION
NO.5) TO COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A
3 SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS.
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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 CFO No. 1033 by (i) 50% or more of the registered
voters, or six registered voters, whichever is more, residing in CFO 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 CFO No. 1033, or (iii) owners of one-half or more of the area ofIand
in the territory included in CFO No. 1033, or (iv) owners of one-half or more of the area of land
in the territory proposed to be annexed to CFO No. 1033; and
WHEREAS, a boundary map for Annexation No.5 to CFO 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 CFO No.1 033 and the proposed annexation ofterritory 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 CFO No. 1033, on file with the City Clerk are hereby finally approved, are
incorporated herein by reference, and shall be included within the boundaries of CFO No.1 033,
02/2 I /08
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY GENERALLY
LOCATED SOUTHERLY OF BELMONT A VENUE, EASTERLY OF OLIVE A VENUE (ANNEXATION
NO.5) 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 armexed as part of Annexation No.5,
secured by recordation of a continuing lien against all non-exempt real property in Annexation No.
5, will be levied armually within the boundaries of Annexation No.5 from and after the armexation
of such property to CFD No. 1033. The special taxes shall be those as originally authorized
through the formation of CFD No. 1033 and adopted by Ordinance ofthis legislative body, and no
changes or modifications are proposed in the special taxes from those as originally set forth and
C 27 made applicable to CFD No. 1033.
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02/21/08
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A RESOLUTION OF THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY GENERALLY
LOCA TED SOUTHERLY OF BELMONT AVENUE, EASTERLY OF OLIVE A VENUE (ANNEXATION
NO.5) 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 and method of apportionment of the proposed special tax (the
"RMA"), reference is.made to the attached and incorporated Exhibit "A," which sets forth in
sufficient detail the method of apportionment to allow each landowner or resident within the
Annexation No.5 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 oflntention of the City each as
heretofore adopted by the Mayor and Common Council are by this reference incorporated her.ein,
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.5 shall be submitted to the voters
within Annexation No. 5 at an election called therefore as hereinafter
provided. The Mayor and Common Council hereby finds that fewer than 12
persons have been registered to vote within Annexation No.5 for each of
the 90 days preceding the close of the hearing heretofore conducted and
concluded by the Mayor and Common Council for the purposes of these
annexation proceedings. Accordingly, and pursuant to Section 53326 of the
Act, the Mayor and Common Council finds that for purposes of these
proceedings the qualified electors are the landowners within Annexation
No.5 and that the vote shall be by said landowners, each having one vote
for each acre or portion thereof that said landowner owns in Annexation No.
5.
(b) Pursuant to Section 53326 of the Act, the election shall be
conducted by mail ballot under section 1340 of the California Elections
Code. The Mayor and Common Council called a special election to
consider the measures described and incorporated as Exhibit "B," which
election shall be held on March 3, 2008 (hereafter referred to as "Election
Day"). The City Clerk was the election official to conduct the election and
provided each landowner 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
02/21/08
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C 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY GENERALLY
2 LOCA TED SOUTHERLY OF BELMONT A VENUE, EASTERLY OF OLIVE A VENUE (ANNEXATION
NO.5) TO COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A
3 SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS.
4 personal delivery.
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6 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
7 said election is for the protection of voters, that the voters have waived such
requirement and the date for the election hereinabove specified is
8 established accordingly. .
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02/21108 5
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY GENERALLY
LOCA TEDSOUTHERL Y OF BELMONT A VENUE, EASTERLY OF OLIVE A VENUE (ANNEXATION
NO.5) TO COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A
SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS.
[HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof held on
the
day of
, 2008, by the following vote, to-wit:
NAYS
ABSTAIN
ABSENT
Council Members:
AYES
ESTRADA
BAXTER
BRINKER
<:) 14 DERRY
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KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this _ day of
,2008.
PATRICK J. MORRIS, Mayor
City of San Bernardino
25 Ap roved as to form:
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ES F. PENMAN, City Attorney
02/21/08
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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") of the 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 of the
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 of CFD 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.
. "Comrnercial/Retail/OfficelIndustrial 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.
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"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. ] 033 on file in the Office of
the City Clerk, or the continued operation and maintenance of the Verdemont Fire
Station, including but oot 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. ] 033 pursuant to the Act.
"Fiscal Year" means the period starting on July] st and ending the following June 30th.
"]n-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 ]n-
Lieu Fee
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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 Tab]e ] 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 all 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 ofCFD No. ]033
which are not exempt from the Special Tax pursuant to the Act and the provisions of
Section E. herein.
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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/lndustrial 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 I and the paragraphs that
follow Table 1.
Table I
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)
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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 I, 2033.
The Special Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (3oth)
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. CommerciaIlRetaillOmcellndustrial 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 CommerciallRetaillOffice/lndustrial Zone Property
(For the Initial Fiscal Year 2004-05)
Land Use Class
Special
Tax Per Acre (2004-05)
Land Use Description
3
4
5
6
Commercial
Retail
Office
Industrial
$2,445.00
$2,445.00
$2,445.00
$2,445.00
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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 I, 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 government 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 ofthe 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 maximrnn 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
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pursuant to Section C. 1. 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. ]
.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/lndustrial 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
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Special Tax and the In-Lieu Fee shall be recalculated annually to reflect (i) any changes in the
0&1\1 Expenses, (ii) the annexation of additional property into the District, (iii) the payment of
the 0&1\1 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 0&1\1 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 of CFD 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.I
and/or F.2, the lien of special taxes of CFD No. .1 033 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.
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EXHIBIT "B"
SaJ PmanlJIiI
OFFICIAL BALLOT
SPECLo\L ELECTION
City of San Bernardino Community Facilities District No. 1033
Annexation No.5
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 March 3, 2008, by mail or in person; or in person to the location of the public hearing no later tban 4:00
p.m. on March 3, 2008. The City Clerk's office is located at 300 N. ''0'' Street, 20d Floor, San Bernardino,
California, 92418. 111e public hearing will be held at the City Council Chambers, 300 N. "D" Street, San
Bernardino, California.
This ballot represents _ 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, rerurn it to the City Clerk of the City of San
Bernardino to obtain a replacement ballot.
PROPOSITION A: 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, AuthorlZing the Annexation of Territory (Annexation No.5) to.; D
Community Facilities District No. 1033 and Authorizing the Levy of a Special: Yes
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 D
Bernardino Community Facilities District No. 1033, Annexation No.5, to pay for No
the continued operation and maintenance of the Verdemont Fire Station, and
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.5
("Annexation No.5") estAblish an annual appropriations limit for Annexation
No.5, as defined by subdivision (h) of Section 8 of Article XIIIB of the
Califomia Constirution, in the amount of $500,000?
;YesD
;NoD
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, CALLING A SPECIAL ELECTION AND
SUBMITTING TO THE VOTERS OF ANNEXATION NO.5, GENERALLY LOCATED
SOUTHERLY OF BELMONT AVENUE, EASTERLY OF OLIVE AVENUE, OF CITY OF
SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033 PROPOSITIONS
REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO.
5 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT.
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, pursuant to Section 53325.1 of the California Government Code the Mayor and
Common Council of the City of San Bernardino (hereafter referred to as the "City") have adopted.
the resolution authorizing the annexation of territory to City of San Bernardino Community
Facilities District No. 1033, County of San Bernardino, State of California (hereafter referred to
as "CFD No. 1033"); and
WHEREAS, by that resolution, the Mayor and Common Council called special elections on
the propositions to be submitted to the voters of the territory proposed to be annexed to CFD No.
1033 (hereafter referred to as "Annexation No.5") with respect to the levy of special taxes therein;
and
WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary
that the Mayor and Common Council submit to the voters of Annexation No.5 the annual levy of
special taxes on taxable property within Annexation No.5; and
WHEREAS, pursuant to Section 53325.7 of the California Government Code, the Mayor
and Common Council may also submit to the voters of Annexation No. 5 a proposition for the
establishment of an appropriations limit for Annexation No.5; and
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF
ANNEXATION NO.5, GENERALLY LOCATED SOUTHERLY OF BELMONT A VENUE, EASTERLY OF
OLIVE AVENUE, OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033
PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO.
5 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT.
WHEREAS, the City Clerk has advised the Mayor and Common Council that she has
received a statement from the Registrar of Voters of the County of San Bernardino that there are
less than 12 persons registered to vote within Annexation No.5;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
FOLLOWS:
SECTION 1. Findings. The Mayor and Common Council finds that: (i) the foregoing
recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory to
be annexed to CFD No. 1033 for each of the 90 days preceding the close of the public hearing on
March 3, 2008; (iii) pursuant to Section 53326 of the California Government Code, as a result of
the findings set forth in clause (ii) above, the vote in the special election called by this resolution
shall be by the landowners of the territory to be annexed to CFD No. 1033, whose property would
be subject to the special taxes if they were levied at the time of the election, and each landowner
shall have one vote for each acre, or portion thereof, which he or she owns within Annexation No.
5 which would be subject to the proposed special taxes if they were levied at the time of the
election; (iv) the owners of all of the land in Annexation No.5 by written consent (a) waived the
time limits set forth in Section 53326 of the California Government Code for holding the election
called by this resolution and the election on the propositions (b) consented to the holding of the
election on March 3, 2008, (c) waived notice and mailed notice of the time and date of the election,
(d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section
9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
1 CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF
ANNEXATION NO.5, GENERALLY LOCATED SOUTHERLY OF BELMONT AVENUE, EASTERLY OF
2 OLIVE AVENUE, OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033
PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO.
3 5 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT.
9287, inclusive, and 9295 of that Code, and mailing ofa statement pursuant to Section 9401 of that
Code, and (e) waived a synopsis of the measures to be included in the official ballot for said
elections pursuant to Section 12111 of that Code; and (v) the City Clerk (hereafter referred to as
the "City Clerk") has consented to the holding of the election on March 3, 2008.
SECTION 2. Call of Election. The Mayor and Common Council hereby calls and
schedules an election for March 3, 2008, on the proposition of the annual levy of special taxes on
taxable property within Annexation No.5 to CFD No. 1033, and on the proposition of the
establishment of an appropriations limit for Annexation No.5 to CFD No. 1033.
SECTION 3. Propositions. The propositions to be submitted to the voters of Annexation
No.5 at such special election shall be as follows:
PROPOSITION A: 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.5) to Community Facilities District No.1 033 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.5, to pay for the continued operation and maintenance of the Verdemont Fire
Station, and 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.5 ("Annexation No.5") establish an
annual appropriations limit for Annexation No.5, as defmed by subdivision (h) of Section 8 of
Article XIIIB of the California Constitution, in the amount of$500,000?
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
1 CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF
ANNEXATION NO. S, GENERALLY LOCATED SOUTHERLY OF BELMONT A VENUE, EASTERLY OF
2 OLIVE AVENUE, OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033
PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO.
3 5 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT.
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SECTION 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, the
consolidated special elections shall be conducted by the City Clerk in accordance with the
provisions of the California Elections Code governing mail ballot elections of cities, and in
particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as
they may be applicable.
SECTION 5. Election Procedures. The procedures to be followed in conducting the
consolidated special elections on (i) the proposition with respect to the levy of special taxes on
14 taxable property within Annexation No.5 to CFD No. 1033, and (ii) the proposition with respect
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to the establishment of an appropriations limit for Annexation No. 5 to CFD No. 1033 in the
amount of $500,000 shall be as follows:
(a) Pursuant to Section 53326 of the California Government Code,
ballots for the Special Elections shall be distributed to the qualified electors
by the City Clerk or their designee by mail or by personal service.
(b) Pursuant to applicable sections of the California Elections Code
governing the conduct of mail ballot elections of cities, and in particular
Division 4 (commencing with Section 4000) of that Code with respect to
election conducted by mail, the City Clerk, or designee, shall mail or
deliver to each qualified elector an official ballot in the appropriate form
attached hereto as Exhibit "A," and shall also mail or deliver to all such
qualified electors a ballot pampWet and instructions to voter, a return
identification envelope addressed to the City Clerk for the return of voted
official ballots.
(c) The official ballot to be mailed or delivered by the City Clerk to
each landowner-voter shall have printed or typed thereon the name of the
landowner-voter and the number of votes to be voted by the landowner-
voter.
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
1 CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF
ANNEXATION NO.5, GENERALLY LOCATED SOUTHERLY OF BELMONT A VENUE, EASTERLY OF
2 OLIVE AVENUE, OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033
PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO.
3 5 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT.
(d) The return identification envelope mailed or delivered by the City
Clerk to each landowner-voter shall have printed or typed thereon the
following: (i) the name of the landowner, (ii) the address of the landowner,
(iii) a declaration under penalty of perjury stating that the voter is the
landowner or the authorized representative of the landowner entitled to vote
the enclosed ballot and is the person whose name appears on the
identification envelope, (iv) the printed name and signature of the voter, (v)
the address of the voter, (vi) the date of signing and place of execution of
the declaration, and (vii) a notice that the envelope contains an official
ballot and is to be opened only by the City Clerk.
(e) The information to voter form to be delivered by the City Clerk to
the landowner-voters shall inform them that the official ballots shall be
returned to the City Clerk properly voted as provided thereon in the sealed
return identification envelope with the certification thereon completed and
signed and all other information to be inserted thereon properly inserted by
4:00 p.m. on the 3rd day of March 2008; provided that if all qualified
electors have voted, the elections shall be closed with the concurrence of
the City Clerk.
(f) Upon receipt of the return identification envelopes, which are
returned prior to the voting deadline on the date of the elections, the City
Clerk shall canvass the votes cast in the election, and shall file a statement
with the Mayor and Common Council as to the results of such canvass and
the election on each proposition set forth in the official ballot.
III
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A RESOLUTION OF THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
1 CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF
ANNEXATION NO.5, GENERALLY LOCATED SOUTHERLY OF BELMONT A VENUE, EASTERLY OF
2 OLIVE AVENUE, OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033
PROPOSmONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO.
3 5 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT.
4
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof held on
the
day of
, 2008, by the following vote, to-wit:
Council Members: AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
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KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this _ day of
,2008.
PATRICK J. MORRIS, Mayor
City of San Bernardino
25 Approved as to form:
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C 27 ES F. PENMAN, City Attorney
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EXHIBIT "A"
OFFICIAL BALLOT
SPECIAL ELECTION
City of San Bernardino Community Facilities District No. 1033
Annexation No.5
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 March 3, 2008, by mail or in person; or in person to the location of tbe public hearing no later than 4:00
p.m. on March 3, 2008. 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 _ 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 baUot 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 A: Shall special taxes with a rate and method of
apportiorunent as set forth in Exhibit. "A" to the resolution enrided "A
Resolution of the Mayor and Common Council of the City of San Bernardino,
California, Authorizing the Annexation of Territory (Annexation No.5) to D
Community Facilities District No. 1033 and Authorizing the Levy of a Special Yes
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 D
Bernardino Community Facilities District No. 1033, Annexation No.5, to pay for No
the continued operation and maintenance of the Verdemont Fire Station, and
inci?cntal expenses thereto?
PROPOSITION B: Shall the Gty of San Bernardino on behalf of City of San
Bernardino Community Facilities District No. 1033, Annexation No.5
("Annexation No.5") establish an annual appropriations limit for Annexation
No.5, as defined by subdivision (h) of Section 8 of Article XIIIB of the
California Constitution, in the amount of $500,000?
YesD
NoD
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING
THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY
FACILITIES DISTRICT NO. 1033, ANNEXATION NO.5, GENERALLY LOCATED
SOUTHERLY OF BELMONT AVENUE, EASTERLY OF OLIVE AVENUE.
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 of San Bernardino, have
previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos
Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the
Government Code of the State of California, said Article 3.5 thereof ("the Act"). The existing
Community Facilities District being designated as Cornmunity Facilities District No. 1033
(hereafter referred to as "CFD No.1 033"); and,
WHEREAS, the Mayor and Common Council initiated proceedings to annex certain
territory to Community Facilities District No. 1033, Annexation No.5 (hereafter referred to as
"Annexation No.5"); and
WHEREAS, at this time the unanimous consent to the annexation of Annexation No.5 bas
been received from the property owner or owners of such territory; and
WHEREAS, less than twelve (12) registered voters have resided within the territory of
Annexation No.5 for each of the ninety (90) days preceding March 3, 2008, therefore, pursuant to
the Act the qualified electors of Annexation No.5 shall be the "landowners" of Annexation No.
5 as such term is defined in Government Code Section 53317(f) and each such landowner who is
the owner of record, or the authorized representative thereof, shall have one vote for each acre or
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND
ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO.5,
GENERALLY LOCATED SOUTHERLY OF BELMONT A VENUE, EASTERLY OF OLIVE AVENUE.
portion of an acre of land that she or he owns within Annexation No.5; and
WHEREAS, the time limit specified by the Act for conducting an election to submit the
levy of the special taxes on the property within Annexation No.5 to the qualified electors of
Annexation No.5 and the requirements for impartial analysis and ballot arguments have been
waived with the unanimous consent of the qualified electors of Annexation No.5; and
WHEREAS, the City Clerk of the City of San Bernardino has caused ballots to be
distributed to the qualified electors of Annexation No.5, has received and canvassed such ballots
and made a report to the Mayor and Common Council regarding the results of such canvas, a copy
C 14 of which is attached as Exhibit "A" hereto and incorporated herein by this reference; and
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WHEREAS, at this time the measure voted upon and such measure did receive the
favorable 2/3' s vote of the qualified electors, and the Mayor and Common Council desires to
declare the results of the election; and
WHEREAS, a map showing the territory to be annexed and designated as Annexation No.
5 (hereafter referred to as the "Annexation Map"), a copy of which is attached as Exhibit "B"
hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and
landowners, a copy of which is attached as Exhibit "c" hereto and incorporated herein by this
reference, has been submitted to the Mayor and Common Council.
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.
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND
ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO.5,
GENERALLY LOCATED SOUTHERLY OF BELMONT A VENUE, EASTERLY OF OLIVE A VENUE.
SECTION 2. Findings. This Mayor and Common Council does hereby determine as
follows:
(a) The unanimous consent to the annexation of Annexation No.5 to
CFD No. 1033 has been given by all of the owners within Annexation No.
5 and such consent shall be kept on file in the Office of the City Clerk.
(b) Less than twelve (12) registered voters have resided within the
territory of Annexation No. 5 for each of the ninety (90) days preceding
March 3, 2008, therefore, pursuant to the Act the qualified electors of
Annexation No.5 shall be the "landowners" of such Annexation No.5 as
such term is defmed in Government Code Section 53317(f).
(c) The qualified electors of Annexation No.5 have unanimously voted
in favor of the levy of special taxes within Annexation No. 5 upon its
annexation to CFD No. 1033.
SECTION 3. Annexed Area. The boundaries and parcels of territory within Annexation
No.5 and on which special taxes will be levied in order to pay for the costs and expenses of
authorized public facilities and services are shown on the Annexation Map as submitted to and
hereby approved by this Mayor and Common Council.
SECTION 4. Declaration of Annexation. The ~ayor and Common Council do hereby
determine and declare that Annexation No.5 is now added to and becomes a part of CFD No. 1033.
The Mayor and Common Council, acting as the legislative body of CFD No. 1033, are hereby
empowered to levy the authorized special tax within Annexation No.5.
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Ie 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND
2 ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO.5,
GENERALLY LOCATED SOUTHERLY OF BELMONT A VENUE, EASTERLY OF OLIVE AVENUE.
3
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5 SECTION 5. Notice. Immediately upon adoption ofthis Resolution, notice shall be given
6 as follows:
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An Amendment to the Notice of Special Tax Lien shall be recorded in the Office of the
8 County Recorder no later than fifteen (15) days after the date of adoption of this
9 Resolution.
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND
ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. H133, ANNEXATION NO. S,
GENERALLY LOCATED SOUTHERLY OF BELMONT AVENUE, EASTERLY OF OLIVE A VENUE.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of tile City of San Bernardino at a
meeting thereof held on
the
day of
, 2008, by the following vote, to-wit:
Council Members: AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this _ day of
,2008.
PATRICK J. MORRIS, Mayor
City of San Bernardino
Ap roved as to form:
r.
ES F. PENMAN, City Attorney
02/21/08
5
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
1 CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND
ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO. S,
2 GENERALI;Y LOCATED SOUTHERLY OF BELMONT AVENUE, EASTERLY OF OLIVE AVENUE.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
EXHIBIT A
Certificate of Election Official and Statement of Votes Cast
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO ) ss.
CITY OF SAN BERNARDINO )
The undersigned, ELECTION OFFICIAL OF THE CITY OF SAN BERNARDINO, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to
the provisions of Section 53326 of the Govemment Code and Division 12, commencing with
Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes
cast at the
CITY OF SAN BERNARDINO
COMMUNITY F AClLITIES DISTRICT NO. 1033
ANNEXATION NO. 5
SPECIAL ELECTION
in the City, held on March 3, 2008.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast
in the area proposed to be annexed, Annexation No.5 to Community Facilities District No. 1033
of the City of San Bernardino for or against the Measure are full, true and correct.
19 VOTES CAST ON PROPOSITION 1:
20
21
YES
NO
VOTES CAST ON PROPOSITION 2: YES
22 NO
23
24 WITNESS my hand this _ day of , 2008
25
26
27
28
City Clerk, Rachel Clark
City of San Bernardino
02/21/08
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EXHIBIT C
List of Properties to be Annexed
APN(s)
Landowner(s)
0261-152-08
Delgado Developers Inc.
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