HomeMy WebLinkAbout05.O- Public Works RESOLUTION (ID #2824) DOC ID: 2824 C
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Assessment District
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From: Tony Frossard M/CC Meeting Date: 01/21/2014
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Prepared by: Ryan Sandoval, (909) 384-5140
Dept: Public Works Ward(s): 6
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Declaring Its
Intention to Authorize the Annexation of Territory Generally Located on the Southwesterly Side
of Cajon Boulevard, Known as 6207 N. Cajon Boulevard (Annexation No. 8) to Community
Facilities District No. 1033, and Adopting an Annexation Map Showing the Territory of
Annexation No. 8. (#2824)
Current Business Registration Certificate: Not Applicable
Financial Impact:
The annexation processing fee of$5,900 has been paid by the property owner. The initial annual
assessments will be $264,335, subject to an annual increase of 2% each year,but will be deferred
until the issuance of building permits for each of the parcels.
Motion: Authorize the Director of Public Works and the City Clerk to proceed under
Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of
California, as amended, with Community Facilities District No. 1033 Annexation
No. 8 for property consisting of an industrial development (Parcel Map No. 19395
& DP II No. 12-09), located on the southwesterly side of Cajon Boulevard
(APN's 0262-042-39, 40, 41 &42); and adopt the Resolution.
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.
Background:
On June 21, 2004, Resolution No. 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 corners of Palm Avenue and Irvington Avenue, and a 90-acre
parcel of land, located northwest of Little League Drive and the I-215 Freeway, which is
currently owned by the Successor Agency of the Redevelopment Agency. In 2005, the
Verdemont Fire Station, located on Palm Avenue, north of Kendall Drive, was completed.
It was also determined that as development occurs in the Verdemont Fire Station Service Area,
developers/property owners would be required to pay a fair-share cost of the operation and
maintenance costs of the fire station. The developer/property owner may pay all of the fees at
once at the time of development, referred to as the "In-Lieu Fee", or may elect to annex into the
Updated: 1/15/2014 by Georgeann"Gigi"Hanna C I Packet Pg.208
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2824
CFD and have the costs spread over the life of the CFD, which is for 30 years. The fair-share
costs were initially established as follows:
In-Lieu Fee OR Annual assessment if paid through the CFD
• Residential $6,349.88 per lot $350.00 per lot
• Commercial,
Industrial, other $44,358.47 per acre $2,445 per acre
The above fees have been and continue to be subject to an annual increase of 2% beginning July
1, 2005 (current non-residential assessment for FY 2014-2015 is $2,980.44 per acre).
On October 7, 2013, this office received a letter from Hillwood, the developer of an 88.69-acre
site consisting of four parcels located on the southwesterly side of Cajon Boulevard, requesting
the annexation into CFD 1033, along with the $5,900 processing fee. The assessor's parcel
numbers for the development are 0262-042-39, 40,41 &42
The attached Resolution of Intention and Approving Annexation Map No. 8 sets a public hearing
for March 17, 2014. A notice and ballot will be mailed to the property owner as required by law.
At the conclusion of the public hearing, a Resolution Authorizing the Annexation, a Resolution
Calling the Special Election (mailed ballots) and a Resolution Declaring Election results, will be
submitted for consideration. Since the annexation, or payment of In-Lieu fee is a required for this
development, a 100% approval is anticipated. In the event that the property owner does not
return a favorable ballot, a Funding and Mitigation Agreement will need to be executed and
recorded prior to issuance of a Certificate of Occupancy, which will make the entire amount due
and payable in one lump sum.
The total annual assessment approved for all prior annexations to CFD 1033, including the
original formation of the district, is $612,523. Approval of this annexation will add an annual
amount of $264,335, for a total of $876,858. However, currently only $571,242 is being
collected since some of the previous annexations have not yet been developed. The assessments
will have an annual increase of 2%,but will be deferred until the issuance of building permits for
each of the parcels.
City Attorney Review:
Supporting Documents:
reso 2824 (PDF)
Exhibit A- CFD Map -Annex No 8 (PDF)
Exhibit B - RMA-Annex No 8 (PDF)
Updated: 1/15/2014 by Georgeann"Gigi"Hanna C Peet Fq« 9
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO DECLARING ITS INTENTION TO AUTHORIZE THE
ANNEXATION OF TERRITORY GENERALLY LOCATED ON THE
4 SOUTHWESTERLY SIDE OF CAJON BOULEVARD, KNOWN AS 6207 N. CAJON
BOULEVARD (ANNEXATION NO. 8) TO COMMUNITY FACILITIES DISTRICT
5 NO. 1033, AND ADOPTING AN ANNEXATION MAP SHOWING THE TERRITORY
6 OF ANNEXATION NO. 8. -a
7 WHEREAS, the City of San Bernardino, California (the "City"), is a municipal c
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8 corporation and charter city, duly organized and existing pursuant to the provisions of the o
9 Constitution of the State of California; and, o
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WHEREAS, the Mayor and Common Council of the City at this time desires to 00
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authorize the annexation of territory to Community Facilities District No. 1033, City of San c
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13 Bernardino (hereafter referred to as "CFD No. 1033") pursuant to the terms and provisions of
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14 the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, M
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15 Title 5, Section 53311 et seq. of the Government Code of the State of California, as amended o
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(the"Act"), and, Cn
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WHEREAS, CFD No. 1033 was formed to finance public facilities and services in
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19 addition to those provided in or required for the territory within the CFD No. 1033 and will co
20 not be replacing facilities and services already available. N
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21 WHEREAS, certain territory is proposed to be annexed to CFD No. 1033 and such
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territory shall be known and designated as Community Facilities District No. 1033, s
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Annexation No. 8 (hereafter referred to as"Annexation No. 8"). a
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25 WHEREAS, the Mayor and Common Council now desires to proceed to adopt its
26 Resolution of Intention to annex Annexation No. 8 into CFD No. 1033, to describe the
27 territory included within Annexation No. 8 proposed to be annexed, to specify the facilities
28 and services to be financed from the proceeds of the levy of special taxes within Annexation
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1 No. 8, to set and specify the special taxes that would be levied within the territory to finance
2 such facilities and services, and to set a time and place for a public hearing relating to the
3 annexation of Annexation No. 8 into CFD No, 1033; and,
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5 WHEREAS, a map showing the boundaries of Annexation No. 8 proposed to be
6 annexed has been submitted, and a copy of the map shall be kept on file in the City Clerk's
Office with the records of these proceedings.
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8 NOW,THEREFORE, BE IT RESOLVED,DETERMINED AND ORDERED BY o
9 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, ti
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10 AS FOLLOWS:
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11 SECTION 1. Recitals. The above recitals are all true and correct, and are hereby Z
12 incorporated herein by reference.
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SECTION 2. Authorization. These proceedings for annexing Annexation No. 8 into a
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15 CFD No. 1033 are authorized and initiated by the Mayor and Common Council pursuant to 0
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16 the Act. U U.
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17 SECTION 3. Intention to Annex. The Mayor and Common Council hereby L
18 determines that the public convenience and necessity requires that Annexation No. 8 be added o
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to CFD No. 1033 in order to pay the costs and expenses for the required and authorized new N Iq
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facilities and services generated from new development within the City and the Mayor and d
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22 Common Council therefore, declares its intention to annex Annexation No. 8 to CFD No.
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23 1033.
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24 SECTION 4. Adoption of Annexation Map. The map showing Annexation No. 8 and
25 the territory to be subject to the levy of a special tax by CFD No. 1033 upon the annexation of
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such territory to CFD No. 1033 is hereby approved and adopted. Such map is designated by
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28 the name of"Annexation Map No. 8 of Community Facilities District No. 1033, City of San
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I Bernardino, County of San Bernardino, State of California", on file in the office of the City
2 Clerk, a copy of which is attached hereto as Exhibit"A"and made a part hereof
3 SECTION 5. Map Certificate. A certificate shall be endorsed on the original and on
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5 at least one (1) copy of the map of Annexation No. 8, evidencing the date and adoption of this
6 Resolution, and within fifteen days after the adoption of this Resolution, a copy of said map
7 shall be filed with the correct and proper endorsements thereon with the County Recorder, all c
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8 in the manner and form provided in Section 3111 of the Streets and Highways Code of the o
9 State California.
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SECTION 6. Boundaries. A general description of the boundaries of Annexation No. co
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8 proposed to be annexed is as follows:
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All that territory proposed to be annexed to CFD No. 1033, as such property is x
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shown on a map designated as "Annexation Map No. 8 of Community Q
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Facilities District No. 1033, City of San Bernardino, County of San o
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Bernardino, State of California," attached hereto as Exhibit "A" and hereby U-
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incorporated by reference. 0 W
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SECTION 7. Name of District. The name of the district is "Community Facilities
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District No. 1033" and the designation for the territory to be annexed shall be "Community N
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Facilities District No. 1033, Annexation No. 8." c,,
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SECTION 8. Facilities and Services Authorized to be Financed by CFD No 1033
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Annexation No. 8. The facilities and services that are authorized to be financed by CFD No.
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1033 are certain facilities and services which are in addition to those provided in or required
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24 for the territory within CFD No. 1033 and Annexation No. 8 and will not be replacing a
facilities and services already available. A general description of the facilities and services to
25 : be financed by CFD No. 1033 is as follows:
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27 The continued operation and maintenance of the Verdemont Fire Station, including but
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not limited to payment of compensation of employees, including salary and benefits,
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1 maintenance and operation of fire safety vehicles and the fire station structures, any
2 other expenses required to keep such equipment and improvements in fit operating
3 condition and any incidental expenses (collectively, the "O&M Expenses"), and all
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5 necessary administrative expenses of the City. The descriptions contained herein are
6 general in nature and do not necessarily include all related and appurtenant costs and
7 expenses necessary for the proposed facilities and services. o
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8 The same types of facilities and services which are authorized to be financed by CFD
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No. 1033 are the types of facilities and services to be provided in Annexation No. 8. If and to N
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11 the extent possible, such facilities and services shall be provided in common within CFD No. c
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12 1033 and Annexation No. 8. c
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13 SECTION 9. Special Taxes. It is the further intention of the Mayor and Common
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Council that, except where funds are otherwise available, a special tax sufficient to pay for c
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such services to be provided in CFD No. 1033 and Annexation No. 8 and related incidental U.
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expenses authorized by the Act, secured by recordation of a continuing lien against all non- �
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18 exempt real property in Annexation No. 8, will be levied annually within the boundaries of N
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19 such Annexation No. 8. For further particulars as to the rate and method of apportionment of Iq
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20 the proposed special tax, reference is made to the attached and incorporated as Exhibit `B" o
21 (the"Rate and Method of Apportionment"), which sets forth in sufficient detail the method of
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apportionment to allow each landowner or resident within proposed Annexation No. 8 to
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clearly estimate the maximum amount that such person will have to pay. a
25 The special tax proposed to be levied within Annexation No. 8 for facilities and
26 services to be supplied within Annexation No. 8 shall be equal to the special tax levied to pay
27 for the same facilities and services in CFD No. 1033, except that a higher or lower special tax
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may be levied within Annexation No. 8 to the extent that the actual cost of providing the
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j facilities and services in Annexation No. 8 is higher or lower than the cost of providing those
2 facilities and services in CFD No. 1033. Notwithstanding the foregoing, the special tax may
3 not be levied at a rate that is higher than the maximum special tax authorized to be levied
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pursuant to the Rate and Method of Apportionment.
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6 The special taxes herein authorized, to the extent possible, shall be collected in the
7 same manner as ad valorem property taxes and shall be subject to the same penalties,
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8 procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. o
9 Any special taxes that may not be collected on the County tax roll shall be collected through a c 10 direct billing procedure by the City Treasurer. 00
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The maximum special tax rate in CFD No. 1033 shall not be increased as a result of r-
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13 the annexation of Annexation No. 8 to CFD No. 1033. X
14 SECTION 10. Public Hearing. Notice is given that on the 17th day of March, 2014 at a
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15 the hour of 5:00 p.m., in the regular meeting place of the Mayor and Common Council, being c
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the Council Chambers, City Hall,located at 300 North"D" Street, San Bernardino, California W
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92418, a public hearing will be held where the Mayor and Common Council will consider the
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19 authorization for the annexation of Annexation No. 8 to CFD No. 1033; the proposed method N
20 and apportionment of the special tax to be levied with Annexation No. 8 and all other matters
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21 as set forth in this Resolution of Intention.
22 At such public hearing, the testimony of all interested persons for or against the E
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� annexation of Annexation No. 8 or the levying of special taxes within Annexation No. 8 will a
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25 be heard. At such public hearing, protests against the proposed annexation of Annexation No.
26 8, the levy of special taxes within Annexation No. 8 or any other proposals contained in this
27 resolution may be made orally by any interested person. Any protests pertaining to the
28 regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the
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irregularities or defects to which objection is made. All written protests shall be filed with the
2 City Clerk prior to the time fixed for the public hearing. Written protests may be withdrawn at
3 any time before the conclusion of the public hearing.
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SECTION 11. Majority Protest. If(a) 50% or more of the registered voters, or six (6)
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6 registered voters, whichever is more, residing within CFD No. 1033; (b) 50% or more of the
registered voters, or six (6) registered voters, whichever is more, residing within Annexation
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8 No. 8; (c) owners of one-half or more of the area of land in the territory included in CFD No. c
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9 1033; or (d) owners of one-half or more of the area of land in the territory included in o
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Annexation No. 8, file written protests against the proposed annexation of Annexation No. 8
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to CFD No. 1033 and such protests are not withdrawn so as to reduce the protests to less than =
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13 a majority, no further proceedings shall be undertaken for a period of one year from the date d
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14 of the decision by the Mayor and Common Council on the issues discussed at the public Q
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15 hearing. o
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SECTION 12. Notice. Notice of the time and place of the public hearing shall be
17 given by the City Clerk by publication in the legally designated newspaper of general W
18 circulation, said publication pursuant to Section 6061 of the Government Code, with said
19 publication to be completed at least seven(7) days prior to the date set for the public hearing. N
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
I DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY
2 GENERALLY LOCATED ON THE SOUTHWESTERLY SIDE OF CAJON BOULEVARD, KNOWN
AS 6207 N. CAJON BOULEVARD(ANNEXATION NO.8)TO COMMUNITY FACILITIES DISTRICT
3 NO. 1033, AND ADOPTING AN ANNEXATION MAP SHOWING THE TERRITORY OF
ANNEXATION NO.8.
4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a meeting
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thereof,held on the day of 2014, by the following vote,to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT .0
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20 The foregoing resolution is hereby approved this day of 2014. C14
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Patrick J. Morris, Mayor
23 City of San Bernardino
24 Approved as to form:
25 Gary D. Saenz,
City Attorney
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27 By:_
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EXHIBIT "A"
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4 EXHIBIT "B"
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RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 1033
CITY OF SAN BERNARDINO >
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This Rate and Method of Apportionment of this Special Tax sets forth the special tax 0
applicable to each Assessor's Parcel within Community Facilities District No. 1033 ("CFD No. v
1033") of the City of San Bernardino ("City")to be levied and collected according to the special N
tax liability determined by the Mayor and Common Council of the City, acting as the Legislative `°
Body of CFD No. 1033. The applicable Special Tax shall be determined pursuant to the 00
application of the appropriate amount or rate as described below. All Taxable Property within Z
CFD No. 1033, unless exempted by law, or the provisions of Section E, below, shall be subject c
to the applicable Special Tax levied and collected to the extent and in the manner herein
provided.
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This Rate and Method of Apportionment also is provided as an explanation to allow M
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.
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A. Definitions
a.
"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 00
Government Code.
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"Administrative Expense" means any costs incurred by the City on behalf of CFD No. g
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 W
authorized purposes of CFD No. 1033. co
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"Special Tax"means the special tax to be levied in each Fiscal Year pursuant to Sections d
C. and D. on each Assessor's Parcel for a period not to exceed 30 years including the
Initial Fiscal Year. a
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"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 m
number.
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"Commercial/Retail/Office/Industrial Property" means property zoned for commercial, w
retail, office or industrial uses or other non-residential uses.
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"Common Council" or "Council" means the Mayor and Common Council of the City of
San Bernardino. Q
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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 m
May 1 preceding the Fiscal Year in which the Special Tax is being levied. >
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"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 v
Station, including but not limited to payment of compensation of employees, including N
salaries and benefits, maintenance and operation of fire safety vehicles and the fire station `O
structures, any other expenses required to keep the such equipment and improvements in °D
fit operating condition and any incidental expenses (collectively, the "O&M Expenses") Z
to be financed by CFD No. 1033 pursuant to the Act. c
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"Fiscal Year"means the period starting on July 1 st and ending the following June 30th.
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"In-Lieu Fee" means a one-time fee, which fee shall be deposited into an interest bearing co
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:
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Residential Zone $6,349.88 per residential dwelling unit as an In-
Lieu Fee a
Commercial, Retail, Office Zone $44,358.47 per acre of development as set forth on N
a site plan of development as an In-Lieu Fee
Industrial Zone $44,358.47 per acre of development as set forth on o
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, 00
below. 0
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"Project" means any project undertaken for the purpose of development involving the c
approval or issuance of any permit or entitlement for use by any governmental agency a
and includes all such permits and entitlements for use whether classified as quasi- a
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 m
plan, zoning ordinance, tentative subdivision map, tentative parcel map, final subdivision
map, final parcel map, variance, conditional use permit, site plan, plot plan, development x
plan, annexation, public utility connection,building permit and certificate of occupancy. w
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"Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 1033 E
which are not exempt from the Special Tax pursuant to the Act and the provisions of
Section E. herein. a
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B. Assignment to Land Use Classes
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As soon as practicable, as of May 1 for the next succeeding Fiscal Year, all Taxable c_',
Property within CFD No. 1033 shall be categorized as Residential Property or either 0
Commercial/Retail/Office/Industrial Zone Property. Taxable Property shall be subject to m
a Special Tax pursuant to Sections C. and D. below.
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C. Special Tax
1. Residential Property
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The Special Tax for each Assessor's Parcel classified as Residential Property c
shall be the amount determined by reference to Table 1 and the paragraphs that x
follow Table 1.
Table 1 a
Special Tax Rates for Residential Property
(For the Initial Fiscal Year 2004-05) °
Special
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Land Use Class Land Use Description Tax Per Unit(2004-05) v
I Single Family Detached Unit $350.00
2 Multi-Family Unit/Attached Dwelling Unit $350.00
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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 1 thereafter, the Special Tax shall be increased by an amount not to exceed 2 % of the
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amount in effect for the previous Fiscal Year, up to the Fiscal Year commencing July 1, 2033. 0
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. 00
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2. Commercial/RetaiVOMee/Industrial Zone Property d
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The Special Tax for each Assessor's Parcel classified as either Commercial,
Retail, Office, or Industrial Zone Property shall be the amount determined by Q
reference to Table 2 and the paragraphs that follow Table 2.
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Table 2
Special Tax Rates for Commercial/Retail/Office/Industrial Zone Property
(For the Initial Fiscal Year 2004-05) >
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Land Use Class Land Use Description Tax Per Acre (2004-05) 0°
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3 Commercial $2,445.00
4 Retail $2,445.00 N
5 Office $2,445.00
6 Industrial $2,445.00 0°
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In determining the Special Tax which may be levied in any Fiscal Year, on July 1, 2005, and on o
each July 1 thereafter, the Special Tax shall be increased by an amount not to exceed 2 % of the x
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) a
Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005, i.e., the Special Tax
shall terminate as of June 30, 2034. °
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D. Method of Apportionment of the Special Tax v
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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 N
levying the Special Tax for Land Use Classes 1, 2, 3, 4, 5 and 6.
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E. Limitations g
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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 co
53317.5 of the Act. Property which becomes the property of the State of California, the z°
federal government or other public agency is liable for the Special Tax levied in the X
Fiscal Year during which such transfer occurs and will be subject to the Special Tax in a
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 a
Council in any Fiscal Year.
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F. Prepayment of the Special Tax
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Any owner of property within CFD No. 1033 may discharge the Special Tax obligation w
in full or in part, by making payment pursuant to the applicable Sections F. 1. or F. 2 as
follows: E
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Upon the Approval of a Tentative or Parcel Map
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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 0
CFD No. 1033, in which case the Special Tax for the Initial Fiscal Year, and each CO
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Fiscal Year thereafter, shall be reduced according to the following steps: .2.
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 6
for each acre of development as set forth on a site plan of development for Z
Commercial/Retail/Office or Industrial zone property is $44,358.47. a
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b. Determine the property's revised Special Tax by multiplying the
property's applicable Special Tax for the Initial Fiscal Year determined
pursuant to Section C. 1. by one minus the quotient obtained by dividing Cn
the cash payment made by the owner pursuant to this Section F. I b. by
the maximum prepayment obligation determined pursuant to Section F. I
.a. The property's revised Special Tax for the Initial Fiscal Year, and each
Fiscal Year thereafter, shall be the Special Tax for the applicable land use
designation (Residential or Commercial/Retail/Office/IndustriaI zone
Property) for purposes of Sections C. and D. herein.
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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 .2
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, CO
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shall be reduced according to the following steps: Z
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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
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the prepayment amount subject to additional adjustments as specified
below; then
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C. Add the following to the result of Section F.2.b.:
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i) Unpaid special taxes, interest and penalties, if any, which have
been entered on the Assessor's tax roll; and °
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ii) a$75 administrative charge per Assessor Parcel. 0
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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 v
prepayment by multiplying such property's Special Tax by the N
prepayment percentage actually determined in Section F.2.b. Such C°
property's revised Special Tax for the Fiscal Year following the date of CO
prepayment, and each Fiscal Year thereafter, shall be the Special Tax for Z
such property for purposes of Sections C. and D. herein. c
.2
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 a
the Estimated Cost Report and the Engineer's Report and made a part of the formation M
documents for the District, from the previous year for any property located within the District °
that was previously assessed and charged with the Tax in the immediately preceding year. The
Special Tax and the In-Lieu Fee shall be recalculated annually to reflect (i) any changes in the v
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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. CO
G. Manner of Collection r
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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 W
the same procedure, sale and lien priority in case of a delinquency as provided for with 00
ad valorem taxes. The collection of the Special Tax shall otherwise be subject to the Z
provisions of the Act. The Common Council reserves the power to provide for alternative a
means of collection of special taxes as permitted by the Act. a
H. Termination of Special Tax Levy
Provided that Special Taxes previously levied on an Assessor's Parcel are not delinquent, m
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 w
fully and completely discharges their special tax obligation pursuant to Sections F.1
and/or F.2,the lien of special taxes of CFD No. 1033 shall terminate. E
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Pursuant to Section 53330.5 of the Act, the Common Council shall, upon written request, a
cause to be recorded in the official records of San Bernardino County a Notice of
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Cessation of Special Tax Lien for each Assessor's Parcel upon termination of the lien on
such Assessor's Parcel.
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I. Review/Appeal Board m
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 v
Special Tax, as to their Assessor's Parcel, is in error may file a notice with the N
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 00
determinations relative to the annual administration of the special tax and any landowner z°
appeals, as herein specified. o
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