HomeMy WebLinkAbout17-Development Services ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Authorization to Proceed,
Resolution of Intention and Resolution
Dept: Development Services Approving Annexation Map No. 1 relative to
Community Facilities District No. 1033
Date: March 12, 2007 (Verdemont Fire Station).
File No.14.40-132.01 MCC Date: April 2, 2007
Synopsis of Previous Council Action:
06-21-04 - Resolution No. 2004-210 was adopted establishing Community Facilities District
No. 1033 relative to operation and maintenance costs of the Verdemont Fire Station.
01-08-2007 -Resolution Nos. 2007-05, 2007-06 and 2007-06 were adopted, approving
Funding and Mitigation Agreements with Greystone Homes II, LLC (Tentative Tract No.
14881), Pine Trails Partners, LLC (Tentative Tract No. 17716) and McShane
Shenandoah Induistrial, LLC (DP 11 05-35)relative to the Verdemont Fire Station Mitigation
Impact fees.
Recommended Motion:
1. That the Director of Development Services and the City Clerk be authorized 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. 1 for
Tentative Tract No. 14881, Tentative Tract No. 17716 and DP II-5-35 AND
2. Adopt resolutions (2)
Valerie C. Ross
Contact person: LASZLO "Les"FOGASSY Phone: 5026
Supporting data attached: Staff Report, Maps, Ward: 5 & 6
Resolutions (2)
FUNDING REQUIREMENTS: Amount: $5,900 (Processing fee per Development paid
or to be paid by applicant)
Source: (Acct. No.) 137-000-2301-6052,6053,6054
(Acct. Description) CFD 1033 Annexation
Processing Fee Deposits
Finance:
Council Notes: � � 2007- /O Zoo 7- /OZ.
Agenda Item No. - /7 �2(0-7
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to Proceed, Resolution of Intention and Resolution Approving Annexation Map
No. 1 relative to Community Facilities District No. 1033 (Verdemont Fire Station).
BACKGROUND:
On June 21, 2004, Resolution 2004-210 was adopted, establishing 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 1-215 Freeway, which is currently owned
by the Redevelopment Agency. In 2005, the Verdemont Fire Station, located on Palm Avenue,
north of Kendall Drive, was completed.
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
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 are subject to an annual increase of 2%beginning July 1, 2005.
On January 8, 2007, Funding and Mitigation Agreements were approved with Greystone Homes
II, LLC for Tentative Tract No. 14881, located at Ohio Avenue and Chestnut Avenue, Pine
Trails Partners, LLC for Tentative Tract No. 17716 located Pine Avenue and Ohio Avenue, and
Mcshane Shenandoah Industrial, LLC for DP 11 05-35, located on Shenandoah Way, southerly of
Hallmark Parkway.
Staff Report- continued
The agreements were executed as a part of the conditions of approval for these developments.
The agreement gives the developers the option of paying the In-Lieu Fee, or annexing into CFD
and paying the fees through annual assessments. All three of the developers have opted to annex
into the CFD.
Staff has contracted with MuniFinancial to assist in the annexation process, including the
preparation of the various documents, maps and notices necessary to complete the annexation.
Two Resolutions are attached relative to the annexation proceedings: 1) Resolution of Intention,
setting a public hearing for May 7, 2007 and 2)Resolution adopting an Annexation Map.
Notices and ballots will be mailed to the property owners 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 your
consideration. Approval of the annexation process will require 2/3rds of the votes received in
favor of the annexation. Since the annexation, or payment of In-Lieu fee is a condition of
approval for these developments, a 100% approval is anticipated. In the event that less than
2/3rds votes are received in support of the annexation, the developers will have to pay the In-
Lieu Fee pursuant to the Funding and Mitigation Agreement.
The annual assessment for the two residential developments (TT 14881-15 Lots and TT 17716 —
39 Lots) will be $364 (initial rate of$350 plus two annual increases of 2%) per single family lot,
and $34,086.33 (initial rate of$2,445 per acre plus two annual increases of 2% for 3.39 acres)
for the commercial development (DP II 05-35) for FY 2007/08. Subsequent assessments are
subject to a 2% increase each year thereafter, and may be pre-paid in full at any time.
INANCIAL IMPACT:
Applicants have paid or will be paying the $5,900 processing fee (per development). The initial
annual assessment will be $53,742.63 for all three projects, with an annual increase of 2% each
year. All fees collected are to be used for funding a portion of the operation and maintenance
costs of the Verdemont Fire Station.
RECOMMENDATION:
Staff recommends that authorization to proceed be given and the attached resolutions be adopted.
LOCATION OF
PROPOSED ANNEXATION
TO CFD NO. 1033
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VICINITY MAP
CITY OF SAN BERNARDINO Proposed Landscape Maintenance
DEVELOPMENT SERVICES DEPARTMENT Assessment District No. 1055 —
REAL PROPERTY SECTION Pine Avenue and Redwood Street
® indicates un—incorporated areas Area (TT. 17716)
within City's Sphere of Influence
Created by: 1-05zlo f:�0g055y Date: 03-0-7-0-7
1
C (DPY
RESOLUTION NO.
. 2
3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DECLARING ITS INTENTION TO AUTHORIZE THE
4 ANNEXATION OF TERRITORY(ANNEXATION NO. 1)TO COMMUNITY FACILITIES
DISTRICT NO. 1033.
5
6
WHEREAS, the City of San Bernardino, California (the "City'), is a municipal
7
corporation and charter city, duly organized and existing pursuant to the provisions of the
8
9 Constitution of the State of California; and,
10 WHEREAS, the Mayor and Common Council of the City at this time desires to authorize
11 the annexation of territory to Community Facilities District No. 1033. City of San Bernardino
12 ,,
(hereafter referred to as"CFD No. 103 ,,) pursuant to the terms and provisions of the"Mello-Roos
13
Community Facilities Act of 1982". being Chapter 2.5. Part 1. Division 2, Title 5 of the
14
15 Government Code (Section 53311, et seq.) of the State of California, as amended (the "Act'). and.
16 WHEREAS, CFD No. 1033 was formed to finance public facilities and services in
17 addition to those provided in or required for the territory within the CFD No. 1033 and will not be
18 replacing facilities and services already available.
19
WHEREAS, certain territory is proposed to be annexed to CFD No. 1033 and such
20
21 territory shall be known and designated as Community Facilities District No. 1033 , Annexation No.
22 1 (hereafter referred to as "Annexation No. I").
23 WHEREAS, the Mayor and Common Council now desires to proceed to adopt its
24 Resolution of Intention to annex Annexation No. l into CFD No. 10')3. to describe the territory
25 included within Annexation No. 1 proposed to be annexed, to specify the facilities and services to
26
be financed from the proceeds of the levy of special taxes within Annexation No. I. to set and
27
28 specify the special taxes that would be levied within the territory to finance such facilities and
No . /7 /4
03/29/07 1 #d—A
8 M
1
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION
3 NO. 1)TO COMMUNITY FACILITIES DISTRICT NO. 1033.
4
5 services. and to set a time and place for a public hearing relating to the annexation of Annexation
6 No. 1 into CFD No. 1033; and,
7 WHEREAS,a map showing the boundaries of Annexation No. 1 proposed to be annexed
8
has been submitted and is currently pending approval before the Mayor and Common Council. A
9
10 copy of the map shall be kept on file in the City Clerks Office with the records of these
11 proceedings.
12 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
13 FOLLOWS:
14 SECTION 1. Recitals. The above recitals are all true and correct.
15
SECTION 2. Authorization. These proceedings for annexing Annexation No. 1 into
16
17 CFD No. 1033 are authorized and initiated by the Mayor and Common Council pursuant to the
18 authorization of the Act.
19 SECTION 3. Intention to Annex. This legislative body hereby determines that the public
20 convenience and necessity requires that Annexation No. 1 be added to CFD No. 1033 in order to
21
pay the costs and expenses for the required and authorized new facilities and services generated
22
23 from new development within the City. The Mayor and Common Council hereby declares its
24 intention to annex Annexation No. 1 to CFD No. 1033.
25 SECTION 4. Boundaries. A general description of the boundaries of Annexation No. 1
26 proposed to be annexed is as follows:
27
All that territory proposed to be annexed to CFD No. 1033, as such property is
28 shown on a map designated as "Annexation Map No. 1 of Community Facilities
03/29/07 2
1
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ?'
DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY(ANNEXATION
3 NO. 1)TO COMMUNITY FACILITIES DISTRICT NO. 1033. i
4
5 District No. 1033, City of San Bernardino, County of San Bernardino. State of i
6 California," attached hereto as Exhibit "A" and hereby incorporated by reference.
7 SECTION 5. Name of District. The name of the district is "Community Facilities
8 District No. 1033" and the designation for the territory to be annexed shall be "Community
9 Facilities District No. 1033, Annexation No. 1."
10
SECTION 6. Facilities and Services Authorized to be Financed by CFD No. 1033.
11 i
Annexation No. 1. The facilities and services that are authorized to be financed by CFD No.
12
13 1033 are certain facilities and services which are in addition to those provided in or required for
14 the territory within CFD No. 1033 and Annexation No. 1 and will not be replacing facilities and
�i
15 services already available. A general description of the facilities and services to be financed by
16
CFD No. 1033 is as follows:
17
The continued operation and maintenance of the Verdemont Fire Station, including but not
18 limited to payment of compensation of employees, including salary and benefits.
19 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
20 any incidental expenses (collectively, the "O&M Expenses"), and all necessary
administrative expenses of the City. The descriptions contained herein are general in nature
21 and do not necessarily include all related and appurtenant costs and expenses necessary for
22 the proposed facilities and services.
23 The same types of facilities and services which are authorized to be financed by CFD No.
24 1033 are the types of facilities and services to be provided in Annexation No. 1. If and to the extent
25 possible, such facilities and services shall be provided in common within CFD No. 1033 and
26
Annexation No. 1.
.. 27
SECTION 7. Special Taxes. It is the further intention of the Mayor and Common Council
28
03/29/07 3
1
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY(ANNEXATION
3 NO. 1)TO COMMUNITY FACILITIES DISTRICT NO. 1033.
4
5 that, except where funds are otherwise available, a special tax sufficient to pay for such services
6 to be provided in CFD No. 1033 and Annexation No. 1 and related incidental expenses authorized
7 by the Act. secured by recordation of a continuing lien against all non-exempt real property in
8
Annexation No. 1. will be levied annually within the boundaries of such Annexation No. 1. For
9
10 further particulars as to the rate and method of apportionment of the proposed special tax, reference
11 is made to the attached and incorporated Exhibit B" (the "Rate and Method of Apportionment").
12 which sets forth in sufficient detail the method of apportionment to allow each landowner or
13 resident within proposed Annexation No. 1 to clearly estimate the maximum amount that such
14
person will have to pay.
15
The special tax proposed to be levied within Annexation No. 1 for facilities and services
16
17 to be supplied within Annexation No. 1 shall be equal to the special tax levied to pay for the same
18 facilities and services in CFD No. 1033, except that a higher or lower special tax may be levied
19 within Annexation No. 1 to the extent that the actual cost of providing the facilities and services
20 in Annexation No. 1 is higher or lower than the cost of providing those facilities and services in
21
CFD No. 1033. Notwithstanding the foregoing, the special tax may not be levied at a rate that is
22
23 higher then the maximum special tax authorized to be levied pursuant to the Rate and Method of
24 Apportionment.
25 The special taxes herein authorized, to the extent possible, shall be collected in the same
26 manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and
27 lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that
28
03/29/07 4
1
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY(ANNEXATION
3 NO. 1)TO COMMUNITY FACILITIES DISTRICT NO. 1033.
4
5 may not be collected on the County tax roll shall be collected through a direct billing procedure by
6 the Treasurer. The maximum special tax rate in CFD No. 1033 shall not be increased as a result
7
of the annexation of Annexation No. 1 to CFD No. 1033.
8
9 SECTION 8. Public Hearin:. Notice is given that on the 7"'day of May. 2007 at the hour
10 of 4--00 p.m.. in the regular meeting place of the Mayor and Common Council, being the Council
r 11 Chambers. City Hall, located at 300 North '`D" Street, San Bernardino, California 92418, a public
12 hearing will be held where the Mayor and Common Council will consider the authorization for the
13 annexation of Annexation No. 1 to CFD No. 1031'), the proposed method and apportionment of the
14
special tax to be levied with Annexation No. 1 and all other matters as set forth in this Resolution
15
16 of Intention.
17 At such public hearing, the testimony of all interested persons for or against the annexation
18 of Annexation No. 1 or the levying of special taxes within Annexation No. 1 will be heard. At such
19 public hearing, protests against the proposed annexation of Annexation No. 1, the levy of special
20
taxes within Annexation No. I or any other proposals contained in this Resolution may be made
21
22 orally or in writing by any interested person. Any protests pertaining to the regularity or sufficiency
23 of the proceedings shall be in writing and shall clearly set forth the irregularities or defects to which
24 objection is made. All written protests shall be filed with the City Clerk on or prior to the time
25 fixed for the public hearing. Written protests may be withdrawn at any time before the conclusion
26 of the public hearing.
27
28 SECTION 9. Majority Protest. If(a) 50% or more of the registered voters, or six (6)
03/29/07 5
1
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION
3 NO. 1)TO COMMUNITY FACILITIES DISTRICT NO. 1033.
4
5 registered voters. whichever is more, residing within CFD No. 1033. (b) 50% or more of the
6 registered voters, or six (6) registered voters, whichever is more, residing within Annexation No.
7 1, (c) owners of one-half or more of the area of land in the territory included in CFD No. 1033, or
8
(d) owners of one-half or more of the area of land in the territory included in Annexation No. 1,
9
10 file written protests against the proposed annexation of Annexation No. 1 to CFD No. 1033 and
11 such protests are not withdrawn so as to reduce the protests to less than a majority, no further
12 proceedings shall be undertaken for a period of one year from the date of the decision by the Mayor
13 and Common Council on the issues discussed at the public hearing.
14
SECTION 10. Notice. Notice of the time and place of the public hearing shall be given
15
16 by the City Clerk by publication pursuant to Section 6061 of the Government Code, with said
17 publication to be completed at least seven (7) days prior to the date set for the public hearing.
18
19
20
21
22
23
24
25
26
27
28
03/29/07 6
1
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY(ANNEXATION
3 NO. 1)TO COMMUNITY FACILITIES DISTRICT NO. 1033.
4
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof held on
7 the day of 2007. by the following vote. to-wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
11
BAXTER
12
BRINKER
13
14 DERRY
15 KELLEY
16 JOHNSON
17 MCCAMMACK
18
19
20 City Clerk
21 The foregoing resolution is hereby approved this day of 2007.
22
23 PATRICK J. MORRIS, Mayor
24 City of San Bernardino
25 Approved as to form:
26
27 J ES F. PENMAN, Citv Attorney
28
03/29/07 7
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EXHIBIT "B"
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. 10')3 to estimate the Special Tax to be annually levied
and collected, or prepaid, as the case may be, with regard to property within CFD No. 1033.
A. Definitions
"Act' means the Mello-Roos Community Facilities Act of 1982, as amended. being
Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 of the California
Government Code.
"Administrative Expense" means any costs incurred by the City on behalf of CFD No.
1033 related to the determination of the amount of the annual levy of the Special Tax, the
collection of the Special Tax, and the other costs incurred in order to carry out the
authorized purposes of CFD No. 1033.
"Special Tax" means the special tax to be levied in each Fiscal Year pursuant to Sections
C. and D. on each Assessor's Parcel for a period not to exceed 30 years including the
Initial Fiscal Year.
"Assessor's Parcel" means a parcel of land as designated on an official map of the San
Bernardino County Assessor which has been assigned a discrete identifying parcel
number.
"Commercial/Retail/Office/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.
"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 1 st 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 $6349.88 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 $44358.47 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.
,
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
Commercial/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 1 and the paragraphs that
follow Table 1.
Table 1
Special Tax Rates for Residential Property
(For the Initial Fiscal Year 2004-05)
Special
Land Use Class Land Use Description Tax Per Unit (2004-05)
1 Single Family Detached Unit $350.00
2 Multi-Family Unit/Attached Dwelling Unit $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 (30`x')
Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005, i.e., the Special Tax
shall terminate as of June 30, 2034.
2. Commercial/Retait/Office/Industrial Zone Property
The Special Tax for each Assessor's Parcel classified as either Commercial,
Retail, Office, or Industrial Zone Property shall be the amount determined by
reference to Table 2 and the paragraphs that follow Table 2.
Table 2
Special Tax Rates for Commercial/Retail/Office/Industrial Zone Property
(For the Initial Fiscal Year 2004-05)
Special
Land Use Class Land Use Description Tax Per Acre (2004-05)
3 Commercial $2,445.00
4 Retail $2,445.00
5 Office $2,445.00
6 Industrial $2,445.00
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 (30`x')
Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005, i.e., the Special Tax
shall terminate as of June 30, 2034.
D. Method of Apportionment of the Special Tax
Commencing with Fiscal year 2004-05, and each Fiscal Year thereafter, the Common
Council shall determine the Special Tax to be collected from Taxable Property in CFD
No. 1033. The Common 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 Common 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 Common Council in any Fiscal Year.
F. Prepayment of the Special Tax
Any owner of property within CFD No. 1033 may discharge the Special Tax obligation
in full or in part, by making payment pursuant to the applicable Sections F. 1. or F. 2 as
follows:
1. Upon the Approval of a Tentative or Parcel Map
At the time of approval of a tentative or parcel map, the owner of such residential
unit may prepay the Special Tax in full or in part by making a cash payment to
CFD No. 1033, in which case the Special Tax for the Initial Fiscal Year, and each
Fiscal Year thereafter, shall be reduced according to the following steps:
a. Determine the maximum prepayment if the owner were to prepay the
Special Tax in entirety. For example, for Projects approved prior to July 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
Commercial/Retail/Office or Industrial zone property is $44,358.47.
e
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
the cash payment made by the owner pursuant to this Section F. 1 .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 Commercial/Retail/Office/Industrial zone
Property) for purposes of Sections C..and D. herein.
2. After the Approval of the Tentative Map/Parcel Map
After the time a tentative or parcel map has been approved. and prior to May 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
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 of CFD No. 1033 shall terminate as to such Assessor's Parcel at
the close of the thirtieth (30) Fiscal Year following the beginning of the Initial Fiscal
Year for such Assessor's Parcel. Furthermore, provided an owner within CFD No. 1033
fully and completely discharges their special tax obligation pursuant to Sections F.1
and/or F.2, the lien of special taxes of CFD 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 Assessors Parcel upon termination of the lien on
such Assessor's Parcel.
I. Review/Appeal Board
The Common Council shall establish, as part of the proceedings and administration of
CFD No. 1033, a special Review/Appeal Board. Any landowner who feels that the
amount of the Special Tax, as to their Assessor's Parcel, is in error may file a notice with
the Review/Appeal Board appealing the amount of the levy. The Review/Appeal Board
shall interpret this Rate and Method of Apportionment of the Special Tax and make
determinations relative to the annual administration of the special tax and any landowner
appeals, as herein specified.
1 C (OPY
2 RESOLUTION NO.
3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, ADOPTING AN ANNEXATION MAP SHOWING
4 TERRITORY (ANNEXATION NO. 1) PROPOSED TO BE ANNEXED TO COMMUNITY
5 FACILITIES DISTRICT NO. 1033.
6 WHEREAS, the City of San Bernardino, California (the "City'), is a municipal
7 corporation and charter city, duly organized and existing pursuant to the provisions of the
8 Constitution of the State of California; and,
9
WHEREAS, the Mayor and Common Council of the City formed a Community Facilities
10
11 District. designated as Community Facilities District No. 1033, City of San Bernardino (hereafter
12
referred to as "CFD No. 1033"). pursuant to the terms and provisions of the "Mello-Roos
13 Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5 of the
14 Government Code (Section 53311 et. seq. ) of the State of California, as amended (the "Act"'), and
15 WHEREAS, the Mayor and Common Council desires to initiate proceedings to annex
16
certain territory to CFD No. 1033, and,
17
18 WHEREAS., there has been submitted a map showing the territory proposed to be annexed
19 to CFD No. 1033, said area to be designated as Community Facilities District No. 1033,
20 Annexation No. 1 (hereafter referred to as "Annexation No. 1").
21 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
22 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
FOLLOWS:
23
SECTION 1. Recitals. The above recitals are all true and correct.
24
25 SECTION 2. Annexation Map. The map showing Annexation No. 1 and to be subject
26 to the levy of a special tax by CFD No. 1033 upon the annexation of such territory to CFD No.
27 1033'is hereby approved and adopted. Such map is designated by the name of "Annexation Map
28 Na� U Q
03/29/07
1
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
2 CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY(ANNEXATION NO. 1)TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 1033.
3
4 No. 1 of Community Facilities District No. 1033, City of San Bernardino, County of San
5 Bernardino, State of California", on file in the office of the City Clerk, a copy of which is
6 attached hereto as Exhibit "A" and made a part hereof.
7
SECTION 3. Certificate. A certificate shall be endorsed on the original and on at least
8
9 one (1) copy of the map of Annexation No. 1, evidencing the date and adoption of this
10 Resolution, and within fifteen days after the adoption of the Resolution fixing the time and place
I11 of the Public Hearing on the intention to annex Annexation No. 1 to CFD No. 1033, a copy of
12 said map shall be filed with the correct and proper endorsements thereon with the San
13
Bernardino County Recorder, all in the manner and form provided for in Section 3111 of the
14
15 Streets and Highways Code of the State California.
16
17
18
19
20
21
22
23
24
25
26
27
28
03/29/07 2
1
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
2 CALIFORNIA,ADOPTING BOUNDARY MAP SHOWING TERRITORY(ANNEXATION NO. 1)TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 1033.
3
4
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common
5 Council of the City of San Bernardino at a meeting thereof held on the
6 day of 2007, by the following vote. to-wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8
ESTRADA
9
10 BAXTER
11 BRINKER
12 DERRY
13 KELLEY
14
JOHNSON
15
MCCAMMACK
16
17
18 City Clerk
19
20 The foregoing resolution is hereby approved this day of 2007.
21
22 PATRICK J. MORRIS, Mayor
23 City of San Bernardino
24
Approved as to form:
25
26 ,
27 r�ES F. PENMAN, City Attorney
28
03/29/07
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Sharer, Director subject:
Resolution authorizing execution of a three-year contract
Dept: Facilities Management and issuance of a Purchase Order to Phoenix Group
Information Systems for parking citation processing for the
Date: March 12, 2007 City of San Bernardino.
M/CC Meeting Date: April 2, 2007
Synopsis of Previous Council Action:
5-22-0-1 Reso 2002-133 Amendment of agreement 01-124 with the City of Inglewood relating to the
Processing of parking citations.
07-7-99 Reso 1999-210 Execution of an agreement with the City of Inglewood for processing
Parking citations.
Recommended Motion:
Adopt Resolution, and
Authorize the Director of Facilities Management to send a Notice of Termination of Agreement 01-124
To the City of Inglewood
James W. Sharer
Director of Facilities Management
Contact person: James Sharer Phone: 384-5244
Supporting data-attached: Staff Report, Resolution Ward(s): All
FUNDING REQUIREMENTS: Amount: $40,000.00
Source:: 001-326-5502
r �
'tit✓ .
/ � Barbara Pac on
t` Director of Finance
Council Notes:
Agenda Item No.
bf1
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL
ACTION
STAFF REPORT
SUBJECT
Resolution authorizing execution of a contract and issuance of a Purchase Order to
Phoenix Group Information Systems for parking citation processing for the City of San
Bernardino.
BACKGROUND
The Facilities Management Department has been in charge of the Parking Enforcement
program for the City since the early 1980's. When staff took control of this program, an
internal software program was used for the processing of parking citations. In 1994, AB
408 was passed decriminalizing parking citations and the city contracted with Parking
Enforcement Technology for the issuance of electronic citations and Data Ticket for out
of state collections. In 1999, staff determined it was cost prohibitive to keep the
processing program operating due to the year 2000 conversion. A contract was issued to
the City of Inglewood for the processing of parking citations. Inglewood uses a DOS
based program for parking citations and has now determined they need to upgrade their
system.
On March 2, 2007 and again on March 20, 2007, Inglewood sent an e-mail to the City
(attached) stating that we needed to sign a letter of intent to stay with them, or they
would cancel our service in ninety days. The City had until March 9 to sign the letter or
be dropped as a customer. We have talked to Inglewood numerous times over the past
year about the proposed upgrade, and they had no costs available for services if we stay
with their organization. Furthermore, the sample letter of intent makes numerous
statements of how we have been kept informed of the upcoming change and allowed to
be involved in the selection process for their new vendor. Staff had no knowledge they
were planning to outsource the services until we spoke with one of the Inglewood RFP
recipients two weeks ago. We were shocked at how little we knew about their planned
outsourcing, and feel that with no costs provided to us to date, the City would be better
served to seek a new vendor. Because of the now imposed timeline by the City of
Inglewood, urgent action is needed to get a new vendor in place and the voluminous
data converted. Staff also asks for authorization to terminate the parking processing
agreement with the City of Inglewood, to facilitate ending this contract and engaging in
a new contract.
Staff has looked at the other possible ways to process parking citations. The current
contract with Inglewood is for processing only, which was a choice staff made in 1999.
Currently, numerous other vendors offer citation processing, customer service, Internet
access and payment of citations, payment processing, 24 hour telephone service, and
computerized document response, eliminating the need for copies and filing. The entire
r
program is web based, making the system accessible by staff or the public from any
terminal.
The City of San Bernardino writes approximately 24,000 parking citations annually. We
currently have five full-time and three part-time officers in the field. There would be no
changes to this system. The parking control public counter is located in the basement
and has three customer service positions and one supervisor. For the past year, the
department has had at least two vacancies in the customer service rep positions due to
the contentious nature of the work. The department has used temporary employees from
an agency in this position, and had the same staff turnover. There is currently a two
month backlog in adjudication responses and filing due to the overwhelming workload.
To facilitate us in the decision, staff met with and talked to numerous vendors at the
California Public Parking Association annual conference held November 1, 2006, in
Irvine. The City has been a member in good standing of this organization for the past 14
years, and found it to be great forum for discussing the parking enforcement industry
with other Cities and with vendors in the industry. Staff discussed our situation with
other cities on the exposition floor, and found that our situation regarding outdated
software and customer service turnover issues was highly common in the industry Staff
next talked to citation processing vendors who work with cities, counties and
universities similar in size to our operation. After meeting with these vendors, a clear
choice became apparent based upon services offered and ease of use.
Phoenix Group Information Systems has been in the parking citation processing
business since 1988. They offer a full-service solution to their customers, encompassing
a web based citation inquiry, payment and administration system. They offer 24 hour
telephone service integrating an Individual Voice Response (IVR) system, where callers
can check the status of their citation, their adjudication, and/or make payments over the
phone. They have a fully staffed customer service department to handle telephone
inquiries during regular business hours. They handle and process payments into a city
account, and do not co-mingle funds from other agencies. Because their service is web
based in real time, constituents who are not satisfied with the response from their
customer service desk could be forwarded to a customer service rep here at the City for
difficult or complicated issues. Currently, the Counties of Riverside and San
Bernardino, as well as the Cities of Ontario and Santa Ana use Phoenix Group
Information Services and are very pleased with the services provided.
If approved by the Mayor and Common Council, this resolution will authorize this
Negotiated Purchase with Phoenix Group Information Systems per Municipal Code
§3.04.010 (B) (3). In this situation, the negotiated purchase is requested due to the
current vendor's cancellation of our services agreement, and Phoenix Group
Information Systems knowledge and web based system for parking citation processing.
The agreement for services will include a 90 day termination clause for either party, in
case the program does not meet with the needs and or expectations of the City.
Staff recommends issuing a three year contract to Phoenix Group Information Systems
with three one-year renewal options.
FINANCIAL IMPACT
Funding for parking citation processing is included in the Facilities Management
Budget, account No. 001-326-5502. The total expenditures associated with this
agreement are offset by revenue generated from issued citations. Cost per citation for
processing will be $1.26, noted in Exhibit 1, page 90-1, which is a decrease from our
current contract with the City of Inglewood at $1.53. One-time costs for equipment will
be $16,820 and the first year of processing will be approximately $18,000. The
department asks for a budget of$40,000 for the first three years to cover start up and
program expansion. Staff does anticipate that after the system is up and the conversion
completed, the Department will be able to reduce staffing by one Customer Service
Representative.
RECOMMENDATION
Adopt Resolution, and authorize the Director of Facilities Management to send a Notice
of Termination of Agreement 01-124 to the City of Inglewood.
Page 1 of 1
k
Williams Sh
From: Dean Viereck Idviereck @cityofinglewood.org]
Sent: Tuesday, March 20, 2007 3:05 PM
To: Sharer Ja
Cc: Williams_Sh; Allison—Ca
Subject: San Bernardino's Intent to Continue Using the City of Inglewood's Citation Management Services ;
Please contact me as soon as possible.
Aion
This letter is a request to confirm the City of San Bernardino's intention to continue
contracting parking citation processing services from the City of Inglewood. Your agency is
the only client that has not yet responded to our earlier requests for a letter of intent
and completion of questionnaire.
As previous stated, the City of Inglewood plans to replace the current parking citation
processing system. We have completed an extensive request for proposal process and have
coordinated this process with current PTS clients. This process has resulted in the selection of
Citation Management (Duncan Solutions, Inc., subsidiary) for use of their AutoProcess System
and related services.
It it's our desire to continue with all organizations currently using PTS. We have contacted you
on numerous occasions leaving voice messages on February 1,5,6,8,13,16,23 and March
25,67. As stated in our prior e-mails, intent to
will be
Therefore we have no choice but to recommend that your contract be
discontinued and formally submit a 90 day notice effective date).
If you wish to continue citation processing services with the City of Inglewood complete the
attached letter of intent and return it immediately.
(See attached documents)
Sincerely,
Dean Viereck
Enterprise Services Manager
Dviereck@cityofinglewood.org
310-412-4270 Office
562-619-5439 Cell
310-330-5755 Fax
3/27/2007