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HomeMy WebLinkAbout2018-2641 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 RESOLUTION NO. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES WHEREAS, the City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2018-039 stating its intention to form Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services) ("Community Facilities District No. 2018-1" or the "District") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the "Act"); and WHEREAS, a copy of Resolution No. 2018-239 setting forth a description of the proposed initial boundaries of Community Facilities District No. 2018-1, a description of the area that may be annexed to Community Facilities District No. 2018-1, the services and incidental expenses to be financed by the District and the rate and method of apportionment of the special tax proposed to be levied within the District is on file with the City Clerk; and WHEREAS, notice was published and mailed to all landowners of the land proposed to be included within the initial boundaries of the District as required by law relative to the intention of this City Council to form proposed Community Facilities District No. 2018-1 and to levy a special tax therein to finance the services and incidental expenses described in Resolution No. 2018-239; and WHEREAS, on September 19, 2018, this City Council conducted a noticed public hearing as required by law relative to the proposed formation of Community Facilities District No. 2018-1 and the levy of the special tax therein; and; WHEREAS, at the September 19, 2018 public hearing there was filed with this City Council a report containing a description of the services necessary to meet the needs of the 1 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 RESOLUTION NO. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES District and an estimate of the cost of such services as required by Section 53321.5 of the Act (the "Engineer's Report"); and WHEREAS, at the September 19, 2018 public hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 2018-1 and the levy of the special tax were heard and a full and fair hearing was held; and WHEREAS, following the public hearing, this City Council has determined to authorize the formation of the District to finance the types of services (the "Services") and the incidental expenses (the "Incidental Expenses") set forth in Attachment "A" hereto, which are described in more detail in the Engineer's Report; and WHEREAS, at the public hearing evidence was presented to this City Council on the matters before it, and the proposed special tax to be levied within the District was not precluded by a majority protest of the type described in Section 53324 of the Act, and this City Council at the conclusion of the hearing was fully advised as to all matters relating to the formation of the District, the levy of the special tax; and WHEREAS, this City Council has determined, based on a Certificate of Registrar of Voters of the County of San Bernardino on file in the office of the City Clerk, that no registered voters have been residing in the proposed boundaries of Community Facilities District No. 2018- 1 for each of the 90 days prior to September 19, 2018 and that the qualified electors in Community Facilities District No. 2018-1 are the landowners within the initial boundaries of the District; and WHEREAS, on the basis of all of the foregoing, this City Council has determined to proceed with the establishment of Community Facilities District No. 2018-1 and to call an 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 RESOLUTION NO. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of the special tax, as set forth in Attachment "D" to Resolution No. 2018-239 (the "Rate and Method"), and (ii) the establishment of an appropriations limit for Community Facilities District No. 2018-1; and BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. A community facilities district to be designated "Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services)" is hereby established pursuant to the Act. The City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the District were valid and in conformity with the requirements of law, including the Act. This finding is made in accordance with the provisions of Section 53325.1(b) of the Act. SECTION 3. The boundaries of the land to be initially included in Community Facilities District No. 2018-1 are established as shown on the map designated "Proposed Boundary Map Community Facilities District No. 2018-1 (Safety Services) City of San Bernardino, County of San Bernardino, State of California" which map is on file in the office of the City Clerk and was recorded pursuant to Section 3111 of the Streets and Highways Code in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor -Recorder -County Clerk's office of the County of San Bernardino in Book No. 87 Page No. 96, on August 16, 2018 as Instrument No. 2018-0300849. In addition, boundaries of the land which may be annexed to Community Facilities District No. 2018-1 pursuant to Sections 53339.2 and 53339.3 of the Act 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 RESOLUTION NO. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES in accordance within Resolution No. 2018-239, are shown on the map designated "Boundaries — Potential Annexation Area Community Facilities District No. 2018-1 (Safety Services) City of San Bernardino, County of San Bernardino, State of California" which map is on file in the office of the City Clerk and was recorded pursuant to Section 3111 of the Streets and Highways Code in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor -Recorder -County Clerk's office of the County of San Bernardino in Book No. 87 Page No. 97, on August 16, 2018 as Instrument No. 2018-0300863. SECTION 4. The types of Services and Incidental Expenses authorized to be provided for Community Facilities District No. 2018-1 are those set forth in Attachment "A" attached hereto. The estimated cost of the Services and Incidental Expenses to be financed is set forth in the Engineer's Report. The City Council finds and determines that the proposed Services are necessary to meet the increased demand that will be placed upon local agencies as a result of new development within the District and that the Services to be financed benefit residents of the City and the future residents of the District. SECTION 5. Except where funds are otherwise available, it is the intention of this City Council, subject to the approval of the eligible voters of the District, to levy annually a special tax at the rates set forth in the Rate and Method on all non-exempt property within the District sufficient to pay for the Services and the Incidental Expenses. The District expects to incur, and in certain cases has already incurred, Incidental Expenses in connection with the creation of the District, the levying and collecting of the special tax, and the annual administration of the District. The Rate and Method of the special tax is described in detail in Attachment "D" to 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 RESOLUTION NO. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES Resolution No. 2018-239 and incorporated herein by this reference, and the City Council hereby finds that the Rate and Method contains sufficient detail to allow each landowner within the District to estimate the maximum amount that may be levied against each parcel. As described in greater detail in the Engineer's Report, which is incorporated by reference herein, the special tax is based on the expected demand that each parcel of real property within Community Facilities District No. 2018-1 will place on the Services and on the benefit that each parcel will derive from the right to access the Services and, accordingly, is hereby determined to be reasonable. The special tax shall be levied on each assessor's parcel so long as the Services are being provided within CFD No. 2018-1. The special tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such special tax is not on or based upon the ownership of real property or the assessed value of real property. If special taxes of the District are levied against any parcel used for private residential purposes, (i) the maximum special tax rate shall be specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to the special tax because of its use for private residential purposes and shall not be increased over time, except that, commencing on July 1, 2024, it may be increased by an amount not to exceed four percent (4%) per year to the extent permitted in the Rate and Method and (ii) under no circumstances will the special tax levied against any such parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. 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 RESOLUTION NO. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES The City Manager of the City of San Bernardino will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of special tax levy obligations by assessor's parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act. SECTION 6. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the special tax by the District ceases. SECTION 7. Consistent with Section 53325.6 of the Act, the City Council finds and determines that the land within Community Facilities District No. 2018-1, if any, devoted primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products is contiguous to other land within Community Facilities District No. 2018-1 and will be benefited by the Services proposed to be provided within Community Facilities District No. 2018-1. SECTION 8. It is hereby further determined that there is no ad valorem property tax currently being levied on property within proposed Community Facilities District No. 2018-1 for the exclusive purpose of paying for the same services to the territory of Community Facilities District No. 2018-1 as are proposed to be provided by the Services to be financed by Community Facilities District No. 2018-1. SECTION 9. Written protests against the establishment of the District have not been filed by one-half or more of the registered voters within the boundaries of the District or by the 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 RESOLUTION NO. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES property owners of one-half (1/2) or more of the area of land within the District. The City Council hereby finds that the proposed special tax has not been precluded by a majority protest pursuant to Section 53324 of the Act. SECTION 10. An election is hereby called for Community Facilities District No. 2018- 1 on the propositions of levying the special tax on the property within Community Facilities District No. 2018-1 and establishing an appropriations limit for the District pursuant to Section 53325.7 of the Act. The language of the propositions to be placed on the ballot is attached hereto as Attachment "B." SECTION 11. The date of the election for Community Facilities District No. 2018-1 on the propositions of authorizing the levy of the special tax and establishing an appropriations limit for the District shall be September 19, 2018, or such later date as is consented to by the City Clerk of the City of San Bernardino; provided that, if the election is to take place sooner than 90 days after September 19, 2018, then the unanimous written consent of each qualified elector within the initial boundaries of the District to such election date must be obtained. The polls shall be open for said election immediately following the public hearing. The election shall be conducted by the City Clerk. Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City of San Bernardino insofar as such provisions are determined by the City Clerk to be applicable. The City Clerk is authorized to conduct the election following the adoption of this resolution, and all ballots shall be received by, and the City Clerk shall close the election by, 11:00 p.m. on the election day; provided the election shall be closed at such earlier time as all qualified electors have voted as provided in Section 53326(d) of the Act. Pursuant to Section 53326 of the Act, the 7 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 RESOLUTION NO. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES ballots for the special election shall be distributed in person or by mail with return postage prepaid, to the qualified electors within the initial boundaries of Community Facilities District No. 2018-1. The City Clerk has secured a certificate of the Certificate of Registrar of Voters of the County of San Bernardino certifying that there were no registered voters within the initial boundaries of District as of August 31, 2018. Accordingly, since there were fewer than 12 registered voters within the initial boundaries of the District for each of the 90 days preceding September 19, 2018, the qualified electors shall be the landowners within the initial boundaries of the District and each landowner, or the authorized representative thereof, shall have one vote for each acre or portion thereof that such landowner owns within the initial boundaries of the Community Facilities District No. 2018-1, as provided in Section 53326 of the Act. The landowners within the initial boundaries of the District have executed and delivered waivers of certain election law requirements and consenting to the holding of the election on September 19, 2018, which waivers are on file with the City Clerk. SECTION 12. The preparation of the Engineer's Report is hereby ratified. The Engineer's Report, as submitted, is hereby approved and was made a part of the record of the public hearing regarding the formation of Community Facilities District No. 2018-1. The Engineer's Report is ordered to be kept on file with the transcript of these proceedings and open for public inspection. SECTION 13. This Resolution shall be effective upon its adoption. : 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 RESOLUTION NO. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 196' day of September 2018, by the following vote, to wit: Council Members: AYES MARQUEZ X BARRIOS VALDIVIA _Y SHORETT NICKEL X RICHARD MULVIHILL NAYS ABSTAIN ABSENT Georgeann a, CMC, 6iy Clerk The foregoing Resolution is hereby approved this 19a' day of September 2018. Z21 " L�e R. Carey Davi , Mayor City of San Bbmardino Approved as to form: Gary D. Saenz, City Attorney By. � '_ RESOLUTION NO. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAD BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES; (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERT-1 WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFET11 SERVICES 1 ATTACHMENT A 2 Types of Services to be Financed by 3 Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino 4 5 The services which may be funded with proceeds of the special tax of CFD No. 2018-1, a: 6 provided by Section 53313 of the Act, will include some or all of the costs attributable to public 7 safety. Capitalized terms used and not defined herein shall have the meanings set forth in the Rat( 8 and Method of Apportionment of Special Tax for CFD No. 2018-1. 9 These services include police protection services (including but not limited to criminal justic( 10 services) and paramedic services. 11 In addition to payment of the cost and expense of the forgoing services, proceeds of th( 12 special tax may be expended to pay "Administrative Expenses" as said term is defined in the Rat( 13 and Method of Apportionment and to establish an operating reserve for the costs of services a: 14 determined by the Administrator. 15 The above services shall be limited to those provided within the boundaries of CFIE 16 No. 2018-1 and the Annexation Area of CFD No. 2018-1 or for the benefit of the properties within 17 the boundaries of CFD No. 2018-1 and the Annexation Area of CFD No. 2018-1, as the boundary is 18 expanded from time to time by anticipated annexations, and said services may be financed b3 19 proceeds of the special tax of CFD No. 2018-1 only to the extent that they are in addition to thos( 20 provided in the territory of CFD No. 2018-1 before CFD No. 2018-1 was created. 21 22 23 24 A-1 25 - 26 RESOLUTION NO. 2018-264 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) (CFD 2018-1), AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES 1 ATTACHMENT B 2 BALLOT PROPOSITIONS 3 COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) 4 SPECIAL TAX ELECTION 5 September 19, 2018 6 7 PROPOSITION A: Shall a special tax with a rate and method of apportionment as provided in Resolution No. 8 2018-239 of the City Council of the City of San Bernardino 9 establishing Community Facilities District No. 2018-1 of YES the City of San Bernardino (Safety Services) be levied to 10 pay for the Services, Incidental Expenses and other NO purposes described in Resolution No. 2018-239? 11 12 PROPOSITION B: For each year commencing with Fiscal 13 Year 2018-19, shall the appropriations limit, as defined by YES subdivision (h) of Section 8 of Article XIII B of the 14 California Constitution, for Community Facilities District NO No. 2018-1 be an amount equal to $50,000,000? 15 16 17 18 19 20 21 22 23 24 B-1 25 26