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HomeMy WebLinkAbout2009-015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (COMPANION RESOLUTIONS 2009-16, 2009-17) RESOLUTION NO. 2009-15 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY GENERALLY LOCATED BETWEEN PALM AVENUE AND OLIVE AVENUE SOUTHWESTERLY OF BELMONT AVENUE (ANNEXATION NO. 7) 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 December 1, 2008, adopted Resolution No. 2008-440 (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. 1033"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (hereafter referred to as the "Act"); and, 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. 1033 ("Annexation No.7"), is on file with the City Clerk and is incorporated herein by this reference; and, WHEREAS, on the 20th of January, 2009, 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; and, WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to CFD No. 1033 and the levy of said special taxes within 12/15/08 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2009-15 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY GENERALLY LOCATED BETWEEN PALM AVENUE AND OLIVE AVENUE SOUTHWESTERLY OF BELMONT AVENUE (ANNEXATION NO. 7) TO COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUmORIZING mE LEVY OF A SPECIAL TAX AND SUBMITTING mE LEVY OF TAX TO mE QUALIFIED ELECTORS. the area proposed to be annexed were heard and a full and fair hearing was held; and, WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to CFD No. 1033 by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD No. 1033, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed to CFD No. 1033, or (iii) owners of one-half or more of the area ofland in the territory included in CFD No. 1033, or (iv) owners of one-half or more of the area ofland in the territory proposed to be annexed to CFD No. 1033; and, WHEREAS, a boundary map for Annexation No.7 to CFD No. 1033 has been filed with the County Recorder of the County of San Bernardino, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Authorization. All prior proceedings taken by the Mayor and Common Council with respect to CFD No. 1033 and the proposed annexation 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 CFD No. 1033, on file with the City Clerk are hereby approved, are incorporated herein by reference, and shall be included within the boundaries of CFD No. 1033, and said 12/15/08 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 200:9-15 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUmORlZING mE ANNEXATION OF TERRITORY GENERALLY LOCATED BETWEEN PALM AVENUE AND OLIVE AVENUE SOUTHWESTERLY OF BELMONT AVENUE (ANNEXATION NO. 7) TO COMMUNITY FACILITlES DISTRICT NO. 1033 AND AUTHORIZING mE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO mE QUALIFIED ELECTORS. 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. Soecial Taxes. It is the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to pay for said facilities and services to be provided in CFD No. 1033 and the territory proposed to be annexed as part of Annexation No.7, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 7, will be levied annually within the boundaries of Annexation No. 7 from and after the annexation of such property to CFD No. 1033. The special taxes shall be those as originally authorized through the formation ofCFD No. 1033 and adopted by Ordinance of this legislative body, and no changes or modifications are proposed in the special taxes from those as originally set forth and made applicable to CFD No. 1033. 12/15/08 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2009-15 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY GENERALLY LOCATED BETWEEN PALM AVENUE AND OLIVE AVENUE SOumwESTERLY OF BELMONT AVENUE (ANNEXATION NO. 7) TO COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING mE LEVY OF A SPECIAL TAX AND SUBMITTING mE LEVY OF TAX TO mE 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.7 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 of Intention as heretofore adopted by the Mayor and Common Council are by this reference incorporated herein. (a) Pursuant to the provisions of the Act, the proposition of the levy of the special tax within Annexation No. 7 shall be submitted to the voters within Annexation No. 7 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. 7 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.7 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. 7. (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 January 20, 2009 (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 personal delivery. 12/15/08 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2009-15 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY GENERALLY LOCATED BETWEEN PALM AVENUE AND OLIVE AVENUE SOUTHWESTERLY OF BELMONT AVENUE (ANNEXATION NO. 7) TO COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING mE LEVY OF A SPECIAL TAX AND SUBMITTING mE LEVY OF TAX TO mE QUALIFIED ELECTORS. The Mayor and Common Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly. /II /II 12/15108 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2009-15 A RESOLUTION OF mE MAYOR AND COMMON COUNCIL OF mE CITY OF SAN BERNARDINO, CALIFORNIA, AUmORIZING mE ANNEXATION OF TERRITORY GENERALLY LOCATED BETWEEN PALM AVENUE AND OLIVE AVENUE SOUTHWESTERLY OF BELMONT AVENUE (ANNEXATION NO. 7) TO COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING mE LEVY OF A SPECIAL TAX AND SUBMITTIN.G mE LEVY OF TAX TO mE QUALIFIED ELECTORS. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a i oint regular meeting thereof held on the 20th day of January Council Members: AYES ESTRADA x BAXTER x BRINKER (VACANT) KELLEY x JOHNSON x MCCAMMACK x , 2009, by the following vote, to-wit: NAYS ABSENT ABSTAIN x G.~);;. ~ City Clerk The foregoing resolution is hereby approved this dh,.. day of January A roved as to form: 12/15108 ,2009. yor 6 2009-15 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 ofthe 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. "Commercia1/RetaiVOffice/Industrial 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. 2009-15 "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 1 preceding the Fiscal Year in which the Special Tax is being levied. "Facilities" means the Fire Station Services as may be identified in the Community Facilities District Engineer's Report prepared for CFD No. 1033 on file in the Office of the City Clerk, or the continued operation and maintenance of the Verdemont Fire Station, including but not limited to payment of compensation of employees, including salaries and benefits, maintenance and operation of fire safety vehicles and the fire station structures, any other expenses required to keep the such equipment and improvements in fit operating condition and any incidental expenses (collectively, the "O&M Expenses") to be financed by CFD No. 1033 pursuant to the Act. "Fiscal Year" means the period starting on July 1st and ending the following June 30th. "In-Lieu Fee" means a one-time fee, which fee shall be deposited into an interest bearing reserve account for future O&M Expenses in the following amounts and for which a further explanation of the In-Lieu Fee will be described in an estimated cost report: Residential Zone $6,349.88 per residential dwelling unit as an In- Lieu Fee Commercial, Retail, Office Zone $44,358.47 per acre of development as set forth on a site plan of development as an In-Lieu Fee Industrial Zone $44,358.47 per acre of development as set forth on a site plan of development as an In-Lieu Fee "Land Use Class" means any of the classes of Property listed in Table 1 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 of CFD No. 1033 which are not exempt from the Special Tax pursuant to the Act and the provisions of Section E. herein. 2009-15 B. Assignment to Land Use Classes As soon as practicable, as of May 1 for the next succeeding Fiscal Year, all Taxable Property within CFD No. 1033 shall be categorized as Residential Property or either Commercia1/Retail/Office/Industrial Zone Property. Taxable Property shall be subject to a Special Tax pursuant to Sections C. and D. below. C. Special Tax 1. Residential Property The Special Tax for each Assessor's Parcel classified as Residential Property shall be the amount determined by reference to Table I and the paragraphs that follow Table 1. Table 1 Special Tax Rates for Residential Property (For the Initial Fiscal Year 2004-05) Land Use Class Land Use Description Special Tax Per Unit (2004-05) 1 2 Single Family Detached Unit Multi-Family Unit/Attached Dwelling Unit $350.00 $350.00 In determining the Special Tax which may be levied in any Fiscal Year, on July 1,2005, and on each July 1 thereafter, the Special Tax shall be increased by an amount not to exceed 2 % of the amount in effect for the previous Fiscal Year, up to the Fiscal Year commencing July 1,2033. The Special Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (30th) Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005, Le., the Special Tax shall terminate as of June 30, 2034. 2. Commercial/RetaillOffice/Industrial Zone Property The Special Tax for each Assessor's Parcel classified as either Commercial, Retail, Office, or Industrial Zone Property shall be the amount determined by reference to Table 2 and the paragraphs that follow Table 2. Table 2 Special Tax Rates for Commercial/Retail/Office/Industrial Zone Property (For the Initial Fiscal Year 2004-05) Land Use Class Land Use Description Special Tax Per Acre (2004-05) 3 4 5 6 Commercial Retail Office Industrial $2,445.00 $2,445.00 $2,445.00 $2,445.00 2009-15 In determining the Special Tax which may be levied in any Fiscal Year, on July 1,2005, and on each July I thereafter, the Special Tax shall be increased by an amount not to exceed 2 % of the amount in effect for the previous Fiscal Year, up to the Fiscal Year commencing July 1,2033. The Special Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (30th) Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005, Le., 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 maximum prepayment if the owner were to prepay the Special Tax in entirety. For example, for Projects approved prior to July 1, 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 Commercia1/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 2009-15 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. 1 .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 Commercia1/RetaiVOffice/Industrial zone Property) for purposes of Sections C. and D. herein. 2. After the Approval of the Tentative Map/Parcel Map After the time a tentative or parcel map has been approved, and prior to May 1 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 2009-15 Special Tax and the In-Lieu Fee shall be recalculated annually to reflect (i) any changes in the O&M Expenses, (ii) the annexation of additional property into the District, (iii) the payment of the O&M Expenses, or any portion thereof, with funds other than the Tax, (iv) the amount of In- Lieu Fees available to be applied for the applicable for which the calculation is being made, and (v) any other changes which may affect the estimated O&M Expenses for such year. G. Manner of Collection The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem real property taxes. The Special Tax shall be subject to the same penalties and the same procedure, sale and lien priority in case of a delinquency as provided for with ad valorem taxes. The collection of the Special Tax shall otherwise be subject to the provisions of the Act. The Common Council reserves the power to provide for alternative means of collection of special taxes as permitted by the Act. H. Termination of Special Tax Levy Provided that Special Taxes previously levied on an Assessor's Parcel are not delinquent, the lien of special taxes ofCFD No. 1033 shall terminate as to such Assessor's Parcel at the close of the thirtieth (30) Fiscal Year following the beginning of the Initial Fiscal Year for such Assessor's Parcel. Furthermore, provided an owner within CFD No. 1033 fully and completely discharges their special tax obligation pursuant to Sections F.1 and/or F.2, the lien of special taxes ofCFD No. 1033 shall terminate. Pursuant to Section 53330.5 of the Act, the Common Council shall, upon written request, cause to be recorded in the official records of San Bernardino County a Notice of Cessation of Special Tax Lien for each Assessor's Parcel upon termination of the lien on such Assessor's Parcel. I. Review/Appeal Board The Council shall establish, as part of the proceedings and administration of CFD No. 1033, a special ReviewlAppeal 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 ReviewlAppeal Board appealing the amount of the levy. The ReviewlAppeal 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. 2009-15 EXHIBIT "B" - OFFICIAL BAILOT SPECIAL ELECTION City of San Bernardino Community Facilities District No. 1033 Annexation No.7 1ms 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 January 20, 2009, by mail or in person; or in person to the location of the public hearing no later than 4:00 p.m. on January 20, 2009. 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 ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of San Bernardino to obtain a replacement ballot. PROPOSITION A:. Shall special taxes with a rate and method of apportionment as set forth in Exhibit "A" to the resolution entided "A Resolution of the Mayor and Common Council of the City of San Bernardino, California, Authorizing the Annexation of Territory Generally Located Between Palm Avenue and Olive Avenue Southwesterly of Belmont Avenue (Annexation Yes D No. 7) to Community Facilities District No. 1033 and Authorizing the Levy of a Special Tax and Submitting the Levy of Tax to the Qualified Electors." (the ''Resolution of Annexation") be levied on taxable property within City of San No D Bernardino Community Facilities District No. 1033, Annexation No.7, to pay for the continued operation and maintenance of the Verdemont Fire Station, and incidental expenses thereto? PROPOSITION D: Shall the City of San Bernardino on behalf of City of San Bernardino Community Facilities District No. 1033, Annexation No.7 ("Annexation No.7") establish an annual appropriations limit for Annexation No.7, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, in the amount of $50,000? YesD NoD