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Home My WebLink About04-Public Works 4-_ --- -- File No. 14.40-80 CITY' OF SAN BERNt5'DINO - REQUEST FeJ' COUNCIL ACTION From: ROGER G. HARDGRAVE, Director Subject: Resolution Amending Public Report for CFD 995. Verdemont Area Mello-Roose Community Facilities Distr. Dept: Public Works/Engineering Date: April 29, 1991 Synopsis of Previous Council ection: 06-18-90 -- Adopted Resolution No. 90-247 approving the CFD Report for District No. 995. Recommended motion: Adopt Resolution. cc: Shauna Edwins, City Administrator a ~ Andrew Green, Finance Director Jim Penman, City Attorney Sign ure Contact person: Verne Nadeau Phone: 384-5026 Staff Report, Map & Resolution Ward: 5 Supporting data attached: FUNDING REQUIREMENTS: Amount: NONE Source: (Acct. No.l 251-673-53925 (Acct. DescriPtion) Verdemont Area Community Facilities District . Finance: Council Notes: '- 75-0262 Agenda Item No i- ..L.J;o.j Il._~_ 1. CITY OF SAN BERN01DINO - REQUEST POI COUNCIL ACTION STAFF REPORT On 06-18-90, Resolution No. 90-247 was adopted which, approved the CFD Report for the Verdemont Area Mello-Roos District No. 995. dmong other things, Community Facilities On March 22, 1991, the Special Tax Consultant (David Taussig and Associates, Inc.) submitted a revised report dated March 1991 for Community Facilities District No. 995. This report was prepared to reflect the final costs relating to bond issuance and debt service. The new costs were a result of the actual pricing and sale of bonds on December 3, 1990. The change in the Report is necessary because the total amount of costs attributable to each Special Tax Area is used to determine the special tax to be collected each year from such area. Therefore, this office recommends that the Resolution be. adopted. 4-29-91 75-0264 ,.. AT IIDlUIlIJ ~ a1't ~ ~-_8r' > -. ., - _"'A > . > > ,.. .. CIIt'_ -,,- ,.-. 1MIf llI'e-. .... .... ,- - I ,.. _ 1................ ~ ,.....-. _...4h-....4.\_ . 1~ --.-.U1"'R' . ,- ~~-.-. _~ I . - 7 ,'''.''''' _~ _ ~., _& L& - / ~ --- Cll~"" _ '. " 'J ! , ;j ': , " ., ~ - - o o CFD REPORT MEILO-ROOS COMMUNITY FACILITIES ACf OF 1982 COMMUNITY FACILITIES DISTRICt NO. '" l.:J:n OF SAN BERNARDINO (VERDEMONT AREA) Marth 1991 (Amended from May 1990) Prepared For Deparbnent of PubUc Works City of San Bernardino 300 North D S,treet San Bernardino, CA m18 (714) 384-5025 Prepared By David Taussig and Associates, IDe. 20'10 Business Center Drive 8nite 110 Irrine, California ~7lS (714) 752-1554 __.--LI_ _ o o COMMUNITY FACIUTIES DISTRICf NO. 995 CITY OF SAN BERNARDINO (VERDEMONT AREA) CFD REPORT MELLO.ROOS COMMUNITY FACILITIES ACf OF 1982 TABLE OF CONTENTS fu! I. Introduction 1 II. Description of Facilities 1 ID. Cost Estimate 2 IV. Rate and Method of Apportionment of Special Tax 2 V. Boundaries of District 5 VI. General Terms and Conditions 5 Exhibits A - Description of Facilities B - Bond Related Costs C - Rate and Method of Apportionment D - Boundary Map o o em He. ". "'1 I.~ The CITY COUNCll.. of the CITY OF SAN BERNARDINO, CALIFORNIA (hereinafter referred to as the "Legislative Body'') did, pursuant to the provisions of the "Meno-Roos C.nmmunity Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (hereinafter referred to as the "Act"), and specifically Section 53327 thereof, expressly order the filing of a written "Report" with the Legislative Body for a proposed Community Facilities District. The Resolution of Intention to Establish a Community Facilities District, to Levy a Special Tax and to Issue Bonds (hereinafter referred to as the ''Resolution of Intention") did direct that said Report generally contain the fonowing: 1. A description of the public facilities required to adequately meet the needs of the District; 2. An estimate of the cost of providing the public facilities and the payment of incidental expenses; _3. Any other material that is related to the proposed public facilities or District. For particulars, reference is made to the said Resolution of Intention, as previously approved and adopted. II. A Community Facilities District may provide for the purchase, construction, expansion or rehabilitation of any real or tangIble property with an estimated useful life of five (5) years or longer, or for the acquisition of land, rights-of-way, water, sewer, or other capacity or connection fees, which are necessary to meet increased demAnds placed upon local agencies as a result of development or rehabilitation occurring within the District. Exlnbit A provides an in-depth description of each of the public facilities and development fees proposed to be paid by the District and a fair and reasonable estimate of the costs associated with each facility. o O' aD Ne. '" "'2 m.~ The costs of said public facilities, including contingencies, to be financed by each Special Tax Area within the District are estimated to be $678,594 for Special Tax Area A, $1,105,208 for Special Tax Area B, $2,652,498 for Special Tax Area C and $1,085,064 for Special Tax Area D, based on the development projections outlined on page 4. For further particulan, reference is made to ExhIbit A for total cost estimates of each facility allocable to each Special Tax Area and ExhIbit B for bond related costs and incidental expenses. IV. As noted in the Resolution of Intention, all of the property located within the District, unless exempted by law, shall be taxed for the purpose of providing roadway, sewer, flood control, park and school facilities to serve the District. Pursuant to Section 53325.3 of the Act, the tax imposed ''is a Special Tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property". However, this Special Tax "may be based on benefit received by parcels of real property, the cost of mll1rir1g facilities or authorized - services available to each parcel or other reasonable basis as determined by the legislative body". The adopted "Rate and Method of Apportionment of Special Tax," which is printed below (Exlubit C), provides information sufficient to allow each property owner within each Improvement Area of the proposed district to estimate the maximum annual amount that they will be required to pay under the Mello-Roos Program. This ''Rate and Method of Apportionment" was adopted by the legislative body on April 16, 1990 as ExhIbit C of the Resolution of Intention. Sections A . E, below, provide additional information on the Special Tax rate and method of apportionment. A. Emlanation of Suecial Tax AODOrtionment When a Mello-Roos Community Facilities District (CFD) is formed, a Special Tax may be levied on each parcel of taxable property within the CFD to repay bonded indebtedness or other expenses incurred by the CFD. This Special Tax must be apportioned in a reasonable manner; however, the tax may not be allocated on an ad valorem basis. -- - o o crD If.. '" .... 3 When more than one type of land-use is present within a CFD, several criteria may be considered when apportioning the Special Tax. Generally, criteria based on building square footage, lot size, density and/or land-use are selected, and categories based on such criteria arc established to differentiate between parcels of property. These categories are a direct result of the Developers' product mix, and are reflective of the land-use types within the CFD. Specific Special Tax lcvcls are assigned to each categoIY, with all parcels within a categoIY paying the same Special Tax. The Meno-Roos Community Facilities Act docs not require that Special Taxes be apportioned to individual parcels based upon benefit. However, in order to insure fairness and equity, benefit principles were taken into account when setting this CFD's Special Tax rates. The major underlying assumption inherent in the application of different Special Tax rates for different residential unit types within the District is that the lcvcl of benefit received from the CFD-financed public improvements by a parcel varies directly with the size and type of unit which is located on that parcel There were two forms of distinction made between properties in the District when Special Taxes were apportioned. For each Special Tax Area, the first distinction was made between. product types, such as single family detached (SFD), attached homes and commercial and industrial property. Additionally, a further distinction was made within the SFD product type, on the basis of home size. Both of these distinctions enabled us to differentiate between lcvcls of benefit, as larger detached homes, which are normally constructed on larger lots, tend to receive more benefit from public facilities than do smaller detached homes. Further, detached homes tend to receive greater benefits than attached homes. These assumptions are born out through an cnmination of commonly accepted statistical measures of public usage. For example, according to the 1989 edition of Trip Generation by the Institute of Transportation Engineers, commercial/industrialland uses typically generate more traffic per acre (as measured by average weekday vehicle trip-cnds) than do single family residential or institutional land uses (e.g. churches), and therefore tend to benefit more from road improvements. Similarly, trip ends per residential dwelling unit (DU) are typically highest for large single family, detached (SFD) homes, and become progressively lower for smaller SFD units, townhomes and condominiums, apartments, and senior housing, respectively. Furthermore, 1980 Census data for San Bernardino County indicates that the number of persons residing in a housing unit also increases with the size of that unit. Logically, households with greater numbers of residents will generally use local public improvements and facilities more than households with fewer residents. JU J.._JW o o em .. ", .... 4 Residential water and sewer requirements tend to vary directly with the size of the dwelling unit. Water requirements for lawn sprinklen and swimmiTlg pools also tend to vary directly with lot size. With respect to school facilities and the level of benefit they provide to SFD homes, the underlying rationale is that larger homes generally contain more bedrooms than smaller homes, and therefore they tend to provide housing for a greater number of school cbildren. Based on the types of improvements that are proposed for the District, the Special Taxes assigned to specific residential unit types and to commercial and industrial property are generally proportionate to the relative benefits received by them, and, accordingly, the Special Taxes in the District can be considered to be fair and reasonable. B. Protected DeftlomneDt aDd BoDd Sales Based on the Developen' projections, a total of 77 residential units will be developed in Special Tax Area A. 11S residential units will be developed in Special Tax Area B, 276 residential units will be developed in Special Tax Area C and 123 residential ~ts will be developed in Special Tax Area D. It is expected that a single bond issue will be sold by the District. C. Protected Suedal Tax )btes Exlubit C lists the m,"rimum Special Tax rates for developed and undeveloped property for each Special Tax Area. The District shall determine the annual Special Tax levy based upon the method descnbed in Exlubit C below, to the extent necessary to pay interest and principal on the bonds, replenish bond reserves and pay adminiltrative expenses of the District. Actual Special Tax levels will depend on the debt service structure and interest rates at the time of bond issue, but will not exceed the.mtonmum Special Taxes listed in Exlubit C. D. Suedal Tax Rates If Actual Level of DeftloDmeDt Falls Below Protected Levels Should the density of development within each Special Tax Area of the District fall significantly below the level projected in the Developen' current development plans, it may be necessary to increase taxes above the assigned levels for developed property unit types listed in Table I through IV of Exlubit C. If an increase should be necessary, the tax rates for developed parcels shall be increased proportionately above their assigned levels until the District's revenue needs are met. However, under no circumstance shall the tax on a developed parcel be increased to the point where it is higher than ~1II!lI ~_ J.. o 0 em !fa, '" .... $0.144 per usable square foot of assessor's parcel for Special Tax Area A, $O.lSS per usable square foot of assessor's parcel for Special Tax Area B, $0.136 per usable square foot of assessor's parcel for Special Tax Area C and $0.150 per usable square foot of assessor's parcel for Special Tax Area D. Eo Aeearaev of IDfonnatioD In order to develop the Special Tax formula and to determine the m"Yimum tax rates set forth in Exhibit C, information regarding annual absorption, land- use types and net acreage was provided by the Landowners and their Consultants to David Taussig and Associates, Ine. IT IS THE LANDOWNERS' RESPONSmlLITY TO VERIFY THAT 1HIS INFORMATION IS TRUE AND CORRECT. DAVID TAUSSIG AND ASSOCIATES, INe. DISCLAIMS RESPONSmlLITY FOR THE IMPACT OF ANY SUCH INACCURATE DATA ON THE MAXIMUM TAX RATES ESTABUSHED FOR 1HIS CFD, INa..UOING THE INABILITY TO MEET THE FINANCIAL OBUGATIONS OF THE DISTRICT. V. BO The boundaries of the District include that land in which Special Taxes and charges may be levied. A general description of the area of the boundaries of the District is as follows: See Exhibit D for Boundary Map. VI. GENE A. liubstitutioD Facilities The description of the public facilities, as set forth herein, are general in their nature. The final nature and location of improvements and facilities will be determined upon the preparation of final plans and specifications. The final plans may show substitutes, in lieu of, or modifications to, the proposed work in order to accomplish the works of improvement, and any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service substantially similar to that as set forth in this report. .I JI, - - o o aD lie. '" ...' B. BoIlds In order to finance the public facilities set forth in this report, it is necessary that bonds be issued pursuant to the terms, conditions, and authorization as set forth in the Act, commencing with Section S3311 thereof and specifically, Article S therein. The m"..rlmum amount ofbonds to be issued wiD not exceed $11,000,000. It is my opinion that the "Rate and Method of Apportionment of Special Tax," as set forth above, is reasonable and uniformly applied. Prepared By: DAVID TAUSSIG AND ASSOCIATES, INC. Prepared For: CI'lY OF SAN BERNARDINO Ropr G. BardP'Rve Director or PubUc: Works 1b'dd995.rp1 03t'Z2I199l o o _,. .....1015 EXlDBIT A s L Verdemont Area Development lDfraitrw:ture Fees The Verdemont Area of the Oty of San Bernardino (the "Oty'? is one of the last residentially zoned areas of the Oty which has not fully developed. In order to achieve compliance with the requirements of the Oty's General Plan, the development of the Verdemont Area will require the construction and installation of certain right-of-way and related infrastructure improvements (the ''Right-of-Way Improvements'? FUrthermore, the Verdemont Area would also benefit from the acquisition, construction and installation of certain other public improvements (the ''Public Improvements'? The provision of the Right-of-Way Improvements and the Public Improvements would facilitate the orderly development of the Verdemont Area, would provide additional traffic flow capacity to the Verdemont Area and would benefit private · development through the provision of necessary public facilities which would otherwise be required as a precondition to any such development. Since the Verdemont Area is expected to provide a needed resource to the Oty to the extent it contains as yet undeveloped residentially zoned land, the development of public infrastructure within such area would benefit not only the Verdemont Area but other areas of the Oty as well. One of the most equitable methods to provide necessary funding to finance the costs of the Right-of-Way Improvements and the Public Improvements required in the Verdemont Area is through the establishment and levy of development infrastructure impact fees ("Infrastructure Fcc''). A. Proposed Imorovement!l The first group of proposed improvements which are the subject of the Infrastructure Fee levy include the acquisition, construction and installation of full width streets (conforming with the General Plan) with sidewalks, curbs and gutters, paving, street lights, water mains and sewer mains in the existing grid pattern of dedicated rights-of-way. These public improvements are designated as the "Right-of-Way Improvements", There are some areas where the Oty does not presently have dedication rights-of-way for the necessary Right-of- Way Improvements but these are limited. Following is a list of the proposed locations for the Right-of-Way: o o _A Pop hIS RlGHT-OF.WAY IMPROVEMENTS Those certain portions of: . Palm Avenue - between Verdemont Avenue and Kendall Drive which are immediately adjacent to undeveloped lots . Walnut Avenue - Irvington to Belmont, Belmont to Ohio (portions) . Olive Avenue - Verdemont Avenue to Ohio, Ohio to Belmont (portions), Belmont to Irvington . Mapolia Avenue - Verdemont Avenue to Uttle League Drive . little League Drive - Irvington to Verdemont . Meyen Road - Uttle League Drive to New Section, New Section to Cable Canyon . Irvington - Pine to Olive (portions), Olive to Magnolia . Belmont Avenue - Pine to Olive (limited portions), Olive to Palm (portions), Palm to just past Uttle League Drive . Ohio Avenue - Pine to Palm (portions), Palm to west of Uttle League Drive . Verdemont Avenue - Uttle League Drive to Palm Avenue, Palm to Pine (portions) . Frontage Road - Palm top City Umits (Devore) . Cable Canyon Road - Meyers Road to Frontage Road (new roadway) The following is a cost estimate for the proposed Right-of-Way Improvements: 1. 68,000 !in. ft of roads exclusive of Palm Avenue @ $2121ft (40 ft. wide) $14,416,000.00 2. Palm avenue Right-of-Way Improvements 645,000.00 o o ...... .\ ... hIS 3. Water - Distnbution 28,100 1in. ft. @ $40 4. Water - Tran..millc;on 43,500 1in. it. @ $60 5. Design +/-4% 47,600 1in. it. @ $50 Subtotal 6. Sewers 1,124,000.00 2,610,000.00 2.380.000.00 $21,175,000.00 847.000.QO Subtotal $12,022,000.00 7. Revenue to City for Plan Check Construction Inspection and Permits 842.960.00 TOTAL $12,864,M00 It is proposed that through the levy of the Infrastructure Fee, certain supplemental public facilities will also be acquired, constructed and installed within the Verdemont Area. Such facilities shall be provided to the extent there are any excess revenues generated in connection with the levy of the initial Infrastructure Fee. These public facilities include park facilities, fire station facilities, drainage facilities and landscaping and for the purposes hereof, such public facilities are designated as the "Public Improvements." The estimated costs of the Public Improvements are as fonows: PUBLIC IMPROVEMENT COSTS 1. Fire Station $1,000,000.00 2. Landscaping 680,000 sq. it. @ $3.00 2,040,000.00 3. Park Facilities 900,000.00 4. Drainage Facilities 10,000,000.00 - .L ~ _.l. o o _" ... hIS B. Al......UOD of Cost 08 a Per VlIlt Basis It is currently suggested that the costs for the improvements be divided equally among an Il'm.in;ng developable units. Using the current General Plan as a source document, and making a1Iowance for the commercialJindustrial area - at equivalent densities, an estimated 3,100 single family units could be developed in the Verdemont Area. Using the hue costs for only the Right-of- Way Improvements, as set forth on the foregoing table, the total costs equal S22,864,96O.00. For the first year, the Infrastructure Fee for a single family unit, or its equivalent, is estimated to be S7,375.00. This cost per unit will be financed by the District. For more detailed information regarding the Development Infrastructure Fees, pleue see the Engineer's Report prepared by the Department of Public Works, dated January 3, 1990. L School Fac:iliUes The school facilities costs to be financed by the District, calculated to be S3,542.50 per residential unit, represent 50 percent of the total facilities needs generated by projected development within the District. The information below represents the - estimated per single-family home cost to provide permanent school facilities for K-12 students from new residential construction within the San Bernardino City Unified School District. The pupil yield factors per single-family home within the San Bernardino City Unified School District as determined by an independent consultant are as fonows: Pre-School (ages 3-4) .142 E1ementaIy (K-6) .468 Secondary (7-12) .231 Adult Education .272 For the calculation of cost per home, the yield factor are displayed as fonows: K-6 .468 7.8 .077 9-12 .154 The cost of land is set at S50,000.00 per acre with an elementaIy site at 10 acres, a middle school site at 30 acres, and a high school sit at 50 acres. Square footage per student is based on current State guidelines and cost of school construction is based on the average of State allowable costs for components of permanent constructioil (SI20.00 per square foot). IbIdd995.rpt o CoIlltraedon of School Facllity (K-6\ A 1Jmi1 x ~ x Home Pupil Yield K-6 Acmdddon of' .Alld (JC-6\ - . o 70 x Sq.Ft. Per Student B. 1Jmi1 x Home ~ x S,QQ,OOO + Pupil $SO,OOO,OO x 10 acres Yield K-6 Conltnletlolt of School Facility (7-8) C. 1Jmi! x .DIL x Home Pupil Yield K-6 Acauisidon of Land (7-8) 85 x Sq.Ft. Per Student D. 1Jmi! x .DIL x UOO,QOO + Home Pupil SO,ooo x 30 acres Yield K-6 Conltnletlon of School Facility (9-12) E. lJmi1 x .154 x Home Pupil Yield K-6 Acauisidon of Land (9-12) 95 x Sq. Ft. Per Student 1.Jmi1 x ~ x 2.Soo.ooo + Home Pupil 50,000 x 50 acres Yield K-6 F. A + B + C + D + E + F = $7,085 PER UNIT SOURCE: Saa BenIanlJno Cltr UDIJIed ScbooI DIItrict ..... A .... hIS SJ20.00 = $3,931.00 Cost of Construction 700 = $ 334.00 Enrollment of K-6 School S1~0.OO = $ 785.00 Cost of Construction 1.100 = $ 105.00 Enrollment of 7-8 School $120.00 = $1,755.00 Cost of Construction 2.200 = $ 175.00 Enrollment of 9-12 School 03(22Il991 - - - _ l,.. J o o -. ... loll EXHIBIT B Total Facllitlea Colts BOND RELATED COSTS FOR CI1Y OF SAN BERNARDINO em Jll'0. "5 (VERDEMONT AREA) Spec181 Tu spec181 Tu Spec181 Tu Spec181 Tu AREA A AREA B ARli'....C ".......n $ 405,822 $ (H11>'1JJ $1,674,768 $ 649,337 $ m.m $ 407 .388 $ m.m $ 435.728 $ "lI,5!14 $ 1,105,208 S2,652,4!18 $1,085,064 Ii. Facilities Colts L Infrastructure Fees 2. Sc:bool Fadlilies B. Projected Bond Iuue Componenlll and Bond Amounts 1.-.- Bond Related Costs a) ReserveFund $ 87,518.82 $ 142,539.58 $ 374,000.00 $ 139,941.59 (1~ of bond amount) b) Capitalized Interest $ f:JJ:T12.69 $ 99,304.f:JJ $ 509,276.80 $ 97,494.63 2. IssIWlCll and Formation Costs $ 46,822 57 $ 76,258.68 $ 200,090.00 $ 74,868.75 3. Contingencies $ 1,280.16 $ 2,084.96 $ 4,135.20 $ 2,046.96 4. Bond-FinAnced Fadlities Costs $678,594.00 $1,105,208.00 $2,652,498.00 $1,085,064.00 TOTAL BONDS ISSUED $875,1.lIlU5 $1,425,3'5.82 S3, 748,000.00 $1,399,41534 ob'dd995.rpc 03(2711991 u _ _ _ III o o _c ... hU EXlDBIT C RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 99S OF THE CITY OF SAN BERNARDINO (VERDEMONT AREA) A Special Tax (the ''Special Tax'') shall be levied on and collected from each parcel in Cnmm1J1lity Facilities District No. 995 in each Fiscal Year, commencing 1uly I, 1990, in an amount determined by the City Council of the City of San Bernardino through the application of the appropriate Special Tax for "Developed Property" and ''Undeveloped Property" in Special Tax Area A, Special Tax Area B, Special Tax Area C and Special Tax Area D, as descnbed below. An of the property in the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. ~ The terms hereinafter set forth have the fonewing meanings: "Act" means the Mello-Roes Community Facilities Act of 1982, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Assigned Special Tax" means the Special Tax for each Land Use Class, as determined by reference to Table I of Section C below. "Attached" means Developed Property which contains a structure or structures, made of two or more units that share common walls. "Backup Special Tax" means an amount equal to $.144 per square foot of Assessor's Parcel for Special Tax Area A, $0.155 per square foot of Assessor's Parcel for Special Tax Area B, $0.136 per square foot of Assessor's Parcel for Special Tax Area C and $0.150 per square foot of Assessor's Parcel for Special Tax Area D applicable to each parcel of Taxable Property within each Special Tax Area in Fiscal Year 1990-91. "City" means the City of San Bernardino. "CouncU" means the City Council of the City of San Bernardino. "Developed Property" means all Taxable Property in the District as of 1uly 1 of any year for which a foundation building permit has been issued as of March 1 of the prior Fiscal Year, but not prior to March I, 1990. o o _c ... hU "District" means Community Facilities District No. 99S of the City of San Bernardino. "Facilities" means any improvements or facilities de-igJ'lated by the Council with an estimated useful life of five years or longer which are eH81ble for financing under the provisions of the Act. "FiIc:al Year" means the period starting July 1 and ending the fonowing June 30. "Land Use CIau" means any of the categories listed in Table I of Section C below to which a parcel is auigJ'l"d consistent with the provisions hereof. "MuImum Special Tu" means the maYimum Special Tax, determined in accordance with Section C, that can be levied by the Council in any Fiscal Year for each class of Developed Propelt, and for Undeveloped Property,.as applicable. "Special To" means the Special Tax for each Land Use Cass, determined in accordance with Section C below, that can be levied by the Council in any Fiscal Year. "Special Tax Requirement" means each Special Tax Area's prorata share (as descnbed in the Public Report for the District), to be determined annually by the Council, of the authorized costs and expenses of the District including those necessaIy to adm;n;ster the bonds, conect and Imnm;.~r the Special Taxes, and adm;mster the District, to pay current debt service on the bonds, to lla;umulate funds for future debt service, to pay amounts delinquent on the bonds, to replenish the reserve fund to its proper level (including payments to be made from the reserve fund based upon past Special Tax delinquencies), to compensate for anticipated Special Tax delinquencies (based upon past delinquency experience), to pay directly for Facilities or to accumulate funds for that purpose, and to pay for an authorized services. "Tuable Property" means an of the Assessor's Parcels within the boundaries of the District which are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means an Taxable Property in Area A not classified as Developed Property. B. On July 1 of each year, an Taxable Property within each Special Tax Area shall be categorized either as Developed or Undeveloped Property, and shall be subject to tax in accordance with the rate and method of apportionment determined pursuant to Sections C and D below. For purposes of determining the applicable Maximum. Special Tax pursuant to Section C, and depending on its land use, Developed Property shall be assigned to one of the classes designated in Table I below. o o _c .... Jo" The square footage of a Commercial/Jndustrial building shall be computed from the gross square footage for the buildiftg(s) as reOected in the btn1mng plans upon which the bufld;l1g permit(s) for such parcel wu issued. The acreage of a Commercial/Jndustrial parcel shall be determined by reference to the then current Assessor's Parcel Map and, if appropriate, to the most current parcel map or other subdivision tract map recorded with the Office of the Recorder for San BmnaJdino County. c. L DeYelopecl Property The Maximum Special Tax for an Assessor's Parcel classified as Developed Property shall be the greater of (i) tlle amount derived by multiplying the square footage of such Assessor's Parcel times the Backup Special Tax or (ii) the Assigned Special Tax determined by reference to Tables I-IV below. For purposes of this Section C, the acreage or square footage of an Assessor's parcel shall be determined by reference to the then C\IIIC4t Assessor's Parcel Map and, if appropriate, to the most current parcel map or other subdivision tract map recorded with the Office of the Recorder for Orange County. Notwithstanding the above, for Attached Residential Developed Property, a portion of the acreage in a recorded tract map shall be taxed as Undeveloped Property if building permits - for one or more, but not all, of the units in the approved condominium or site plan for that map have been issued. The acreage in a recorded tract map to be taxed as Undeveloped Property shall equal the proportion of the associated condominium or site plan's approved units for which building permits have mn been issued, multiplied by the total acreage within that tract map. Notwithstanding Section E below, for purposes of computing the Backup Special Tax for Attached Residential Developed Property, the acreage or square footage of land area shall be computed from the underlying parcel as indicated on the most recent Assessor's Parcel Map or final- subdivision tract map. Each residential unit shall be assigned an equal percentage of the underlying assessor's parcel or lot. In mlllring the computations set forth in this Section C (1) and in determining the Maximum Special Tax which may be levied in any Fiscal Year, on July 1, 1991 and on each July 1 thereafter, the Backup Special Tax and the Assigned Special Tax for each class set forth in Table I shall be increased by an amount equal to 1.0% of the amount in effect for the previous Fiscal Year. o o ..... C ....11' TABLE I SPECIAL TAX AREA A ~ AuigIv'.d Special Taxes on Developed Property in Special Tax Area A (Fiscal Year 1990-91) Per Unit (Residential) and Per Aae (Cnmmerc:iaJ/Jndustrial) Assiped Special LaadUM Tax (Fiscal Class DeseriptIoD SauareFootaft Yl!!tlr lm-...m 1 Single Family Detached 2,200 SF and above S1,500 per unit 2 Single Family Detached 1,800 - 2,199 SF S1,364 per unit 3 Single Family Detached < 1,800 SF S1,160 per unit 4 Attached Not Applicable S6,273 per acre 5 Commerc:iaJ/Jndustrial Not Applicable S6,273 per acre The Maximum Special Tax may exceed the Assigned Special Tax for some Assessor's Parcels within each class if the Backup Special Tax alternative is used (SO.144 per square foot of Assessor's Parcel). As set forth in Section D below, the Backup Special Tax will only be employed as the Special Tax of last resort if the Council determines that the Backup Special Tax must in fact be levied. . The Backup Special Tax IDII only be applied to Single Family Detached lots larger than the following minimum sizes: Class 1: Class 2: Class 3: 10,416 square feet 9,472 square feet 8,055 square feet o O. _c ... Ie" TABLE D SPECIAL TAX AREA B - Assigned Special Taxes on Developed Property in Special Tax Area B (Fiscal Year 1~91) Per Unit (Residential) and Per A1:re (CommerciaJ/Jndustrial) Assipecl Special Land Use Tu: (Fiscal Clus DescriDtioa Sau..... Foota_ Year 1990-'1) 1 Single Family Detached 2,200 SF and above SI,303 per unit 2 Single Family Detached 1,800 - 2,199 SF SI,I84 per unit 3 Single Family Detached < 1,800 SF SI,007 per unit 4 Attached Not Applicable S6,751 per acre 5 Commercia1lIndustrial Not Applicable S6,751 per acre The Maximum Special Tax may exceed the Assigned Special Tax for some Assessor's Parcels within each class if the Backup Special Tax alternative is used (SO.155 per square foot of Assessor's Parcel). As set forth in Section D below, the Backup Special Tax will only be employed as the Special Tax of last resort if the Council determines that the Backup Special Tax must in fact be levied. The Backup Special Tax mIX only be applied to Single Family Detached lots larger than the following m;n;mum sizes: Class 1: Class 2: Class 3: 8,406 square feet 7,638 square feet 6,496 square feet o o JIdiIllI C ... "" TABLE m SPECIAL TAX AREA C ~ Auigl'ed Special Taxes on Developed Property in Special Tax Area C (Fiscal Year 1990-91) Per Unit (Residential) and Per At:re (CommerciaJ/Industrial) Asliped Spec:Ial LaadU. Tu (FIIC8l qui DescriDtlOD Soaare Footan Year 1""'1) 1 Single Family Detached 2,200 SF and above $1,441 per unit 2 Single Family Detached 1,800 . 2,199 SF $1,310 per unit 3 Single Family Detached < 1,800 SF $1,114 per unit 4 Attached Not Applicable $5,707 per acre 5 CommerciaJ/Industrial Not Applicable $5,707 per acre The Maximum Special Tax may exceed the Assigned Special Tax for some Assessor's Parcels within each class if the Backup Special Tax alternative is used ($0.136 per square foot of Assessor's Parcel). As set forth in Section D below, the Backup Special Tax will only be employed as the Special Tax of last resort if the Council determines that the Backup Special Tax must in fact be levied. The Backup Special Tax mix only be applied to Single Family Detached lots larger than the fonowing minimum sizes: Class 1: Class 2: Class 3: 10,595 square feet 9,632 square feet 8,191 square feet o o .... c Pop 70ft TABLE IV SPECIAL TAX AREA D Assigned Special Taxes on Developed Property in Special Tax Area D (Fiscal Year 1990-91)'Pe{..UDit (Residential) and Per As:re (Commercial/Industrial) " Assip.ed Special LaadUse Tax (FIscal Class Desc:rlptioD Sauare Footaft Year 1""'l) 1 Single Family Detached 2,200 SF and above $1,336 per unit 2 Single Family Detached 1,800 - 2,199 SF $1,214 per unit 3 Single Family Detached <1,800 SF $1,032 per unit f 4 Attached Not Applicable $6,534 per acre 5 Commercial/Industrial Not Applicable $6,534 per acre The Maximlun Special Tax may exceed the Assigned Special Tax for some Assessor's Parcels within each class if the Backup Special Tax alternative is used ($0.150 per square foot of Assessor's Parcel). Ai set forth in Section D below, the Backup Special Tax will only be employed as the Special Tax of last resort if the Council determines that the Backup Special Tax must in fact be levied. The Backup Special Tax mu only be applied to Single Family Detached lots larger than the following mn,;mum sizes: Class 1: 8,906 square feet Class 2: 8,093. square feet Oass 3: 6,880 square feet 2. UDcleYeloped Property The 1990-91 Maximlun Special Tax for Undeveloped Property shall be $5,900 per acre for Special Tax Area A, $6,100 per acre for Special Tax Area B, $5,800 per acre for Special Tax Area C and $5,700 per acre for Special Tax Area D. In mAlril1g the computation set forth in Section' C (2) and in determining the Assigned Special Tax and the Maximum Special Tax on Undeveloped Property which may be levied in any Fiscal Year, on July 1, 1991 and on any July 1 thereafter, the Assigned Special Tax and the Maximum Special Tax for Undeveloped Property shall be increased by an amount no greater than 1.0% of the amount in effect for the previous Fiscal Year. o o _c ... leU D. Starting in FUc:al Year 1990-91 and for each following FUc:al Year, the Council shaD determine the amount of money to be collected from Taxable Property in each Special Tax Area in the-Fiscal Year (the Special Tax Requirement). . '. The Council shaD ICY)' the Special Tax as follows until the amount of the ICY)' equals the Special Tax Requirement: flD1: The Special Tax shall be levied on Developed Property, exclusive of property exempt from Special Taxes pursuant to Section E below, in equa1 percentages up to 100% of the ~pd Special Tax Rate for each class of Developed Property for such Fiscal Year determined by reference to Tables I-IV; Second: If additional monies are needed after the first step has been completed, the Special Tax shaD be levied on each parcel of Undeveloped Property, exclusive of Undevelopd Property exempted by law or by the provisions of Section E, (below), in equa1 percentages (up to 100%) of the Maximum Special Tax; Third: If additional monies are needed after the first two steps have been completed, then the ICY)' of the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Special Tax Rate shaD be increased in equa1 percentages from the Assigned Special Tax Rate up to the Maximum Special Tax Rate for each such Assessor's Parcel for such Fiscal Year; Fourth: If additional monies are needed after the first three steps have been completed, then the Special Tax shaD be levied proportionately on each parcel of Developed or Undeveloped Property owned by a homeowners' association which has not been exempted from the Special Tax pursuant to Section E, up to ~e Maximum Special Tax for Undeveloped Property; and fifth: If additional monies are needed after the first four steps have been completed, then the Special Tax shaD be levied proportionately on each parcel of Developed or Undeveloped Property conveyed or irrevocably offered to a public agency which has not been exempted from the Special Tax pursuant to Section E, up to the Maximum Special Tax for Undeveloped Property. E.~ A Special Tax shall not be imposed on up to 66.48 acres of Undeveloped Property conveyed or irrevocably offered to a public agency or conveyed to a homeowners' association (9.55 acres for Special Tax Area A, 17.47 acres for Special Tax Area a, 20.00 acres for Special Tax Area C and 9.46 acres for Special Tax Area D). The acres exceeding such total of acres shall be taxed consistent with Undeveloped Property to the extent set forth in the ~ourth and Fifth Steps of . o o ...-c ... '"" Section D above. Under no circumstances shall the Council impose a Special Tax on land which is a public right of way or which is a utility property utilized for the provision of services to the public or a property encumbered with public or utility easements making impractical its utilization for other than the purposes set forth in the easement. F. ~ '. The Council shall establish as part of the proceedings and Adminilltration of the District a special three-member Review/Appeal Council. Any landowner or resident who feels that the amount of the Special Tax, as to their parcel, is in error may me a notice with the Review/Appeal Council appealing the amount of the Special Tax levied on such parceL The Review/Appeal Committee shall interpret this Rate and Method of Apportionment of the Special Tax and make determinations relative to the annual a~tration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. G. The special taxes will be collected in the same manner and at the same time as ordinary ad wlorem property taxes, provided, however, that the district may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. In the event of a delinquency, C"oLwJ:hu1ity Facilities District No. 995 will pursue foreclosure in a timely manner. IbIdd995.rpt DTA 0811311990 . O' f1UI) AT REQUEST aF OTY l1.EIllC 1_ _ _T 1lC'" - _1IC 1Cll"'_ '11 1IC_,__-.'1I1ICCI1't'1l 1M'" r trAil fII_ 1-J l-~ ..........., 'M aTr _ AT A -..... _ _. ..ul 0I11C .... tI ._"111____ -. CI1't~ QT'r 01 1M ..... IC ~ ."""",- ""'G~IIC. "NIC~1IC. ::.!l.l.'H~ :..!ll.Nt~ .......~ ...... INIIUSI'IID ~ _ 10 .....c ., . o o RESOLUTION NO. 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO 4 A RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING THE PUBLIC REPORT OF THE CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 995 (VERDEMONT AREA) 5 6 7 WHEREAS, the City has conducted proceedings for the establishment of Community Facilities District No. 995 of the 8 9 City of San Bernardino, State of California (the "District") 10 pursuant to Chapter 2.5 of Part I of Division 2 of Title 5 (commencing with Section 53311) of the California Government II 12 13 Code, commonly known as the "Me11o-Roos Community Facilities Act of 1982" (the Act"); and 14 WHEREAS, in connection therewith and after due 15 consideration the Mayor and Common Council of the City adopted 16 Resolution No. 90-247 which, among other things, approved the 17 CFD Report of the District dated as of May 30, 1990 (the "CFD 18 Report"), submitted as part of the record of the hearing; and WHEREAS, as a result of the completion of the 19 20 proceedings and the sale of bonds, the financing costs have 21 been determined and the CFD Report revised to reflect such 22 costs, and the Mayor and Common Council wish to accept and 23 approve the CFD Report, as amended, dated as of March 1991 24 (the "Amended CFD Report") as the official report of the 25 District; 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 28 / / / 4/18/91 4519m5 RESOLUTION AMENDQ REPORT 'I)F THE CITY 'lF SAN QARDINJ CJI'l11UNITY FACILITIES DISTRICT NJ. 995 (VERi>EI'lJNT AREA) ... (, .. SECTION 1. The above recitals are all true and 3 2 correct and the Mayor and Common Council so find and determine. SECTION 3. The Amended CFD Report is hereby 4 approved and accepted as the official report of the District. 5 The City Clerk is hereby directed to file the Amended CFD 6 Report with the transcript of the District maintained in her 7 office and to make such report available for inspection by 8 members of the public upon request. This resolution shall be effective upon 9 SECTION 4. 10 its adoption. " / / / 12 / / / 13 / / / 14 / / / 15 / / / 16 / / / 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 4/18/91 2 45l9m5 _ ". .. RESOLUTION AME~G REPORT OF THE CITY OF SAN ~INO COMMUNITY FACILITIES DISTRICT # 995 (VERDEMONT AREA). 1 2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 3 Mayor and Common Council of the City of San Bernardino at a 4 meeting thereof, held on the 5 following vote, to wit: , 1991, by the day of 6 Council Members: 7 ESTRADA 8 REILLY 9 HERNANDEZ 10 MAUDSLEY 11 MINOR 12 POPE-LUDLAM 13 MILLER AYES NAYS ABSTAIN 14 15 City Clerk 16 17 18 19 20 21 22 23 24 The foregoing resolution is hereby approved this day of . 1991. W.R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney }.f~ 25 By: A'A U 26 27 28 04/18/91 TO: FROM: SUBJECT: DATE: COPIES: w o O' C I T Y o F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM MAYOR W. R. "BOB" HOLCOMB ROGER G. HARDGRAVE, Director of Public Works/ City Engineer Proposed List of Citizens Committee - Verdemont Assessment District June 10, 1991 File No. 14.40-68, Reading File Below is a list of the persons that Barbara Sky proposed be appointed to serve on the Citizens Committee: 1. 2. 3. 4. 5. 6. 7. Phil Smith Bill ~allardo aim" Estes I~ Danny Guiliany Barbara Sky Keith I,iR~eR t-,'/fo-y. ~ Hunsaker If///(/(,"e. ROGER G. HARDGRAVE Director of Public Works/City Engineer RGH:rs PHONE CALLS o - OPPOSING VERDEMONT TAX ASSESSMENT o Joe Maroney 3192 Wasington St. 880-4316 Karen Garrett 6065 Robin Rd. 887-4319 Heyan Sakhouri 6582 Olive Ave. 887-9914 Judy Reese 6744 Magnolia 887-4456 Richard Patterson 358-3632 Laura Reese 6431 Redwood 880-4472 Robert Johnson 6315 Toledo 887-3969 Jeanine England 4305 Whitney Dr. 887-5730 Bill Baum 2655 Belmont 880-2046 Gail Adelmann 6336 N. Redwood 880-3764 Margaret Bogle 6824 Palm Ave. 887-1278 Mrs. Smart 6395 Olvie Ave. 887-4894 Mrs. Jessie Vega 665 North "J" Street 889-7964 Mr. Eddie Caire 6348 N. Redwood 880-3407