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HomeMy WebLinkAbout2019-081RESOLUTION NO. 2019-81 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO, AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN TO FINANCE CERTAIN SERVICES WHEREAS, the City Council (the "City Council") of the City of San Bernardino (the "City"), intends to institute proceedings to establish Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act"), commencing with Section 53311 of the California Government Code (the "Government Code"), and to authorize the levy of special taxes within CFD No. 2019-1 pursuant to the terms of the Act to fund the cost of providing services to CFD No. 2019-1; WHEREAS, the City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, for the creation of a community facilities district and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and WHEREAS, the City Council has been advised that certain property owners have requested that the area described in Exhibit C be established as the boundaries of CFD No. 2019- 1, that a rate and method of apportionment of the special tax to be levied therein be established, and that the City Council establish the boundaries as described in Exhibit D, to be the boundaries of the territory in which future annexation may occur from time to time. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Intent to Establish Community Facilities District. The City Council hereby declares that it proposes and intends to establish a community facilities district pursuant to the provisions of the Act, in the manner described below. SECTION 2. Approval of Boundary Map and Potential Annexation Area. The proposed boundaries of CFD No. 2019-1 are shown on a map on file in the office of the City Clerk (the "Boundary Map"). The City Council hereby approves the Boundary Map, and the boundaries of CFD No. 2019-1 may hereafter, for all purposes of these legal proceedings for the formation of CFD No. 2019-1, be described by reference to the Boundary Map, a copy of which is attached hereto as Exhibit C and incorporation herein and made a part thereof. The City Clerk is hereby directed to (a) complete and execute the two certificates set forth on the map which provide for Resolution No. 2019-81 the signature of the City Clerk and (b) provide for the recording of the Boundary Map in the official records of the San Bernardino County Recorder within 15 days of the date of adoption of this resolution and to cause the Recorder's certificate on the Boundary Map to be completed and executed by a representative of the Recorder's staff. Additional properties that are within the boundaries of the annexation map may annex in to CFD No. 2019-1 subsequent to formation of CFD No. 2019-1. The owner of the property to be annexed shall submit a written consent for said annexation to CFD No. 2019-1 and the City Council, acting ex -officio as the legislative body of CFD No. 2019-1, shall call a special election as to the imposition of the special tax on said property as required by law. The boundaries of the territory within which any property may annex to CFD No. 2019-1 are more particularly described and shown on that certain map entitled "Boundaries — Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California," a copy of which is attached hereto as Exhibit D and incorporated herein and made a part thereof. SECTION 3. Name of the Community Facilities District. The name of the existing community facilities district is known as "Community Facilities District No. 2019-1 (Maintenance Services)." SECTION 4. Description of Authorized Services. The services proposed to be financed by CFD No. 2019-1 (the "Services") are described in Exhibit A attached hereto. The cost of providing the Services includes "incidental expenses," which include costs associated with the creation of CFD No. 2019-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided in the territory of CFD No. 2019-1 and do not supplant Services already available within that territory. SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually within CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit B. SECTION 6. Public Hearing. The City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, July 17, 2019, in the City Council Chamber, 201 North "E" Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the establishment of CFD No. 2019-1. SECTION 7. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019- 1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53339.4 of the Act. Resolution No. 2019-81 SECTION 8. Hearing Report. The City Council directs the City Manager to study the proposed CFD No. 2019-1 and, at or before the time of the hearing, to cause to be prepared and filed with the City Council a report containing a brief description of the services that will, in its opinion, be required to adequately meet the needs of CFD No. 2019-1, an estimate of the cost of providing those services; and the fair and reasonable cost of incidental expenses to be incurred in connection therewith. SECTION 9. Description of Proposed Voting Procedures. If, at the conclusion of the public hearing, the City Council adopts a resolution establishing CFD No. 2019-1, the City Council proposes to order an election by mailed ballot and submit the question of the levy of the special tax to the qualified electors. The City Council hereby determines that the services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019-1. Because fewer than 12 registered voters currently reside within CFD No. 2019-1, the qualified electors shall be the landowners within CFD No. 2019-1, and each landowner who is an owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the proposed CFD. APPROVED and ADOPTED by the City uncla ad signed by the Mayor and attested by the City Clerk this 5a' day of June 2019. John Valdivia, Mayor City of San Bernardino Attest: r Georgeann Manna, MMC, . ity Clerk Approved as to form: Gary D. Saenz, City Attorney Resolution No. 2019-81 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-81 adopted at a regular meeting held on the 5th day of June 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ x IBARRA x FIGUEROA x SHORETT x NICKEL RICHARD MULVIHILL WITNESS my hand and official seal of the City of San Bernardino this 5t' day of June 2019. Georgeann Lfanna, MMC, ty Clerk EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses," as said term is defined in Exhibit B to this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created. EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) RATE AND METHOD OF APPORTIONMENT RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO A Special Tax (the "Special Tax") shall be levied on and collected from each Assessor's Parcel (defined below) in Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1" or "CFD"; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein. A. DEFINITIONS "Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on any Assessor's Parcel Map, or if the land area is not shown on the Assessor's Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of City overhead and salaries and benefits of any City employees whose duties are related to the administration of CFD No. 2019-1 and third party expenses related to CFD No. 2019-1. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Administrator" means the City Manager of the City of San Bernardino, or his or her designee. "Approved Property" means all Assessor's Parcels of Taxable Property that are included in a Final Map that was recorded priorto the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal year in which the special tax is being levied. "Assessor's Parcel" means a lot or parcel of land that is identifiable by an Assessor's Parcel Number by the County Assessor of the County of San Bernardino. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means that identification number assigned to a parcel by the County Assessor of the County. City of San Bernardino 1 Community Facilities District No. 2019-1 (Maintenance Services) "Building Square Footage" or "BSF" means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non -Residential Property and any Building Square Footage subsequently added to a building of such Non -Residential Property after issuance of a building permit for expansion or renovation of such building. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD" or "CFD No. 2019-1" means the City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services). "City" means the City of San Bernardino. "Contingent Services" means services permitted under the Mello -Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth in the documents adopted by the City Council at the time the CFD was formed to be provided by the City in the event the Administrator makes a determination pursuant to Section C(2) that a Property Owners' Association fails to adequately provide such services. "County" means the County of San Bernardino. "Developed Property" means all Assessor's Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessors' Parcels designated as being exempt from the Special Tax as provided for in Section G. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period from and including July I" of any year to and including the following June 30tH "Land Use Category" or "LUC" means any of the categories contained in Section B hereof to which an Assessor's Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor's Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied. "Maximum Special Tax" means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable. "Maximum Special Tax A" means for each Assessor's Parcel and each Fiscal Year, the maximum Special Tax A, as determined in accordance with Section C below that can be levied on such Assessor's Parcel in such Fiscal Year. City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) "Maximum Special Tax B (Contingent)" means for each Assessor's Parcel and each Fiscal Year, the maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied on such Assessor's Parcel in such Fiscal Year. "Multi -Family Residential Property" or "MFR" means any Assessor's Parcel of Residential Property upon which a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit are constructed or are intended to be constructed. "Non -Residential Property" or "NR" means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor's Parcel is Non -Residential Property. "Property Owner's Association" or "POA" means the property owner's association or homeowner's association established to maintain certain landscaping within a Tax Zone. "Proportionately" means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property. "Residential Unit" or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. "Residential Property" means all Assessor's Parcels of Taxable Property upon which Residential Units have been constructed or are intended to be constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. "Service(s)" means services permitted under the Mello -Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth in the documents adopted by the City Council at the time the CFD was formed. "Single Family Residential Property" or "SFR" means any Residential Property other than Multi - Family Residential Property on an Assessor's Parcel. "Special Tax(es)" means the Special Tax A or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property. "Special Tax A" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of such Tax Zone within CFD No. 2019-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds. City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) "Special Tax B (Contingent)" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax B (Contingent) Requirement, if required. "Special Tax B (Contingent) Requirement" means that amount required in any Fiscal Year, if the POA is unable to maintain the Contingent Service(s) to: (i) pay the costs of Contingent Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Contingent Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. "Taxable Property" means all Assessor's Parcels within CFD No. 2019-1, which are not Exempt Property. "Taxable Unit" means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is annexed into the CFD. "Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property. B. ASSIGNMENT TO LAND USE CATEGORIES For each Fiscal Year, all Assessor's Parcels of Taxable Property within CFD No. 2019-1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor's Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non -Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi -Family Residential Property and the number of Residential Units shall be determined by the Administrator. C. MAXIMUM SPECIAL TAX RATES For purposes of determining the applicable Maximum Special Tax for Assessor's Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor's Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. Once a single family attached or multi -family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Assessor's Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit for the Tax Zone below or as included in Appendix A as each annexation occurs. City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) For purposes of determining the applicable Maximum Special Tax for Assessor's Parcels of Developed Property and Approved Property which are classified as Non -Residential Property, all such Assessor's Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined bythe Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor's Parcels, the Special Tax A levied against the Assessor's Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the applicable Tax Zone below or as included in Appendix A as each annexation occurs. 1. Special Tax A a. Developed Property (i) Maximum Special Tax A The Maximum Special Tax A for each Assessor's Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted forthe annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 1 below: TABLE 1 MAXIMUM SPECIAL TAX A RATES DEVELOPED PROPERTY Tax Taxable ! Maximum Zone Tract Land Use Category Unit Special Tax A 1 TR 17170 Single Family Residential Property RU $961 (ii) Increase in the Maximum Special Tax A On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) b. Approved Property The Maximum Special Tax A for each Assessor's Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below: Tax Zone Tract 1 TR 17170 TABLE 2 MAXIMUM SPECIAL TAX A RATES APPROVED PROPERTY Land Use Sinele Familv Residential Pro Taxable Maximum Unit Special Tax A RU $961 On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property The Maximum Special Tax A for each Assessor's Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below: TABLE 3 MAXIMUM SPECIAL TAX A RATES UNDEVELOPED PROPERTY Tax Zone I Tracts I Taxable Unit 1 Maximum Special Tax A 1 1 TR 17170 1 Acre 1 $4,338 On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. 2. Special Tax B (Contingent) The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances: (a) The POA files for bankruptcy; (b) The POA is dissolved; (c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Develored Pror.erty (i) Maximum Special Tax B (Contimr entl. The Maximum Special Tax B (Contingent) for each Assessor's Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 4 below: TABLE 4 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES DEVELOPED PROPERTY _. _ ........... Tax Taxable Maximum Special Zone Tract Land Use Category Unit Tax B (Contingent) 1 TR 17170 _ Single Family Residential Property RU $0 (ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property The Maximum Special Tax B (Contingent) for each Assessor's Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019- 1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 5 below: City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) TABLE 5 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES APPROVED PROPERTY Tax Zone Tract --- Land Use Category Taxable Unit Maximum S p ecial Tax B (Contingent) $0 1 TR 17170 Single Family Residential Property RU On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Proert The Maximum Special Tax B (Contingent) for each Assessor's Parcel of Undeveloped Propertyshall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 6 below: TABLE 6 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES UNDEVELOPED PROPERTY Tax Zone Maximum Special Tracts Taxable Unit Tax B (Contingent) 1 TR 17170 Acre $0 On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX 1. Special Tax A Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the City Council shall determine the Special Tax A Requirement for each Tax Zone and shall levy the Special Tax A on all Assessor's Parcels of Taxable Property within such Tax Zone until the aggregate amount of Special Tax A equals the Special Tax A Requirement for such Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows: First: The Special Tax A shall be levied Proportionately on all Assessor's Parcels of Developed Property up to 100% of the applicable Maximum Special Tax A to satisfy the Special Tax A Requirement; Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax A for Approved Property; City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) 8 Third: If additional monies are needed to satisfy the Special Tax A Requirement after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor's Parcels of Undeveloped Property up to 100% of the Maximum Special Tax A for Undeveloped Property. 2. Special Tax B (Contingent) Commencing with the first Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor's Parcels of Taxable Propertywithin such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B (Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) shall be levied for each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on all Assessor's Parcels of Developed Property up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Special Tax B (Contingent) Requirement; Second: If additional moneys are needed to satisfy the Special Tax B (Contingent) Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B (Contingent) for Approved Property; Third: If additional monies are needed to satisfy the Special Tax B (Contingent) Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor's Parcels of Undeveloped Property up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property. E. FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services to such properties. Based on this analysis, any properties to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned the appropriate Maximum Special Tax rates for the Tax Zone when annexed and included in Appendix A. F. DURATION OF SPECIAL TAX For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided. For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided. G. EXEMPTIONS The City shall classify as Exempt Property within CFD No. 2019-1, all Assessor's Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which are in use in the performance of a public function as determined by the Administrator. City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) 9 H. APPEALS Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator of CFD No. 2019-1 shall promptly reviewthe appeal, and if necessary, meet with the property owner, considerwritten and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the Administrator's decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). I. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. City of San Bernardino 10 Community Facilities District No. 2019-1 (Maintenance Services) APPENDIX A CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) COST ESTIMATE Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2019-20. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019-1. TAX ZONE 1 (SERVICES) TRACT NO. 17170 Item Description Estimated Cost 1 2 3 Landscaping Streetlights Traffic Signals $4,177 $354 $2,860 4 Street & Pavement $6,984 5 Drainage $4,009 6 Parks $3,475 7 Trails $0 8 Graffiti Abatement $149 9 Administration $2,201 10 Total Reserves $1,732 $25,941 Special Tax B Contingent Services — There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may have Special Tax B Contingent Services being provided. MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE Fiscal No. of Maximum Maximum Tax Year Taxable Land Use Taxable Special Tax Special Tax B Zone Included Tract Units Category Unit A (Contingent) Subdivider 1 2019-20 17170 27 SFR RU $961 $0 Santiago Communities, Inc. ESCALATION OF MAXIMUM SPECIAL TAXES On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. City of San Bernardino 11 Community Facilities District No. 2019-1 (Maintenance Services) APPENDIX B CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-way, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method of Apportionment. The above services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created or those provided in the territory annexed to CFD No. 2019-1 before the territory was annexed, as applicable. City of San Bernardino 12 Community Facilities District No. 2019-1 (Maintenance Services) EXHIBIT C COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES PROPOSED BOUNDARY MAP r w w y 0 LU 3 LU w x Cl) anro xnarod IIEP r�� Q o = g m 'S o LL o z L J � a LU z O" ST LL N hFRERD'-- K N � 0 LL >- zaoo Z W 4 pool.- Q> �'s 2 u~iwz� "��" Oa u)wd U)Wmz m WvG Z Z iY a .BM Q pzaia W 0WLLm H O .Z�Lu m -C Q >-1= C;-- ro 2 Z �� U S V/ z a2 o O C.) z O V ma -O Zoo1 � - Z� �• ! m°E" W W Q K �rZm ozo rrL1L7 '^tr O O LL C w a ¢ m .� y.l =OW - mag¢ Z Z N n w ¢ W - j )qQ 1WQ ZNZOc7� .� � I Z N wl _ rc Q� � N LL LL ' Z _ r V Q jIn J �• VLLZ n 7� m IQ j PIER Z LL 2 ¢ zo— 3 z o u z m °` z Q c o ry 4._�� mz�cai W Z s Z Z c F-0OuROM QO jwu000 v4i =N LL Y O Q w oN Z LLOZ~aC3 m N O KZ a 74 �0. W W Q z I K uZi�wD U = U Q 1 Z] O ZZ nay u y, u IVB ,I= W O~ O Q 2 Z Z n' Z H z Rz J y ? J } aY 10 i= W O O C N z !WC U Z xOm_$namom f- u !- u z Z I Z m�$ ma �' EXHIBIT D COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES BOUNDARIES - POTENTIAL ANNEXATION AREA y, 3 o z z mal all Qo 0 0 ¢F I I m Z �ja N Z Z LL 3OZ'^S f O p W p = X Z 12 O W I W Z N Q HN Z cc J C01 u V N V a W d Z m V W O Y N u Q L I W O V 0: y O } LL c o }a Q W LLuZ�W p o Op rr O d'n I w err rQ� W W UK Z G LLNI Q _Z N~Opp Wim¢ NmW I _ LL? Z W Z~ LL Z S m o~coC7ZvaiYpOO�^ m OF- m < 3 ZOO A V } W rL W p O G G �d' Vai H Q W Q W ae Q Q a - < m VI p R H J Z C N m a' W Nzd. y V 2 K Z GmV o Q U O Z N loi! mLL i� m V V W (z a O os 0 � � J I� N a w V z�� LLJZy00 _ 3 2 >�a i } Oct � w F -Z v)wzU) `J GNWO z 1 wvm3 o W JZ0)iQ z Z a~0W Ix LL 0°- o z V� z�va w U) I O 0 } 2U z 0 ' O 00 n im V Z� O Z �Z0 00 S2 IU �o V a V) EXHIBIT E PETITION, WAIVER AND CONSENT PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING CREATION OF A COMMUNITY FACILITIES DISTRICT OF PROPERTY WITHIN THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT 1. The undersigned requests that the City Council of the City of San Bernardino, initiate and conduct proceedings pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act") (Government Code Section 53311 et seq.), for the creation of a Community Facilities District No. 2018-5 (the "Community Facilities District") of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district. 2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition. 3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the Community Facilities District as described in Exhibit A hereto and as shown on the map Exhibit B hereto. 4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand -delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the creation of the Community Facilities District or at the next available meeting. 5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. 6. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State in the conduct of the election to form the Community Facilities District, and no step or action in any proceeding relative to the election to create the Community Facilities District of the portion of the incorporated area of Acknowledgment Regarding Property to be Included into Community Facilities District No. The developer/property owner of (Tract No. !Assessor's Parcel No.) L hereby acknowledges that: If the landscaping, drainage, lighting and eligible public improvements within the Community Facilities District No. the maintenance areas of (Assessor's Parcel Nos.) which is to be included in the Community Facilities District No. of the City of San Bernardino are completed prior to the levy and collection of special taxes upon property within said tract for the maintenance of such landscape and improvements, the developer/property owner will continue to be responsible for and will maintain the landscaping, drainage, lighting, and eligible public improvements within such maintenance areas at its sole expense, and the City will not assume responsibility for the maintenance of such landscaping, drainage, lighting and eligible public improvements until such time as the City is able to collect such special taxes to pay the costs of the maintenance of such landscaping, drainage, lighting, and eligible public improvements. DATED: OWNER(S): Ferri � Caji�jrX -,TrtkS�" cf Ir I alt (Print Name) (Signature) JIMe) (Print Name) (Signature)s 11 o&5 -e-S (Title) "MU ATYACHED NOTARIAL DOCUMEN CALEFORNIIA ALL -PUS ACKNOWLEiD87-ENT * - ` CML CODE § 1119 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or vak ty of that docxwmt State of California ) County of 40-) OF= ) On .20 7 before me, ��' �D I�ll� N1iMgr t6ato ere In Name and�Tifle of personally appeared �� u Name(s) of t4Sgimr(s) ,tk),D /,-. �A who proved to me on the basis of satisfactory evidence to be the pe whose name( i re subscrito the within Inst ent and acknowledged to me that he/s a executed the same in his/h uthorized cap aci les and that by hi"4jR signatun�on the instrument the persona or the entity upon behalf of whic he person® acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and Lhand WITNESS and official se m ARBA iRdm Signature _ COMM KITARY PUN XALFOR2 - Signature of No � tary Public Dl' T E fit! 2% 202f Place Notary. Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattacht of this form togn un�te✓nded document. Description of Attached Document M molo 7/w --`k / Y A - Title or Type of Document: _ Doe'ument Date: _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Tittle(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conswvator O Other: Signer is Representing: 02014 National Notary, - wwwJdationalNotary.wg • 14300 -US NOTARY (1-85"76-W ji ftem 85907 the City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure. ted. IN WITNESS WHEREOF, I hereunto set my hand this j day ofd, 20.j. n P. ca - 4MOA -- TOK.. jimstec. **SEE ATTACHED NOTARIAL DOCUMENT [NAME OF LAND WNER] &%Jw fiam N4C-1— r -0-��y e --(j Narne: JjDk • G'au � ran arca( � ��md. rifle:-rno-ees OWNER'S PROPERTY: TRACT MAP OR PARCEL MAP NO. or PROJECT N0. 1 racf 1-100 OWNER'S MAILING ADDRESS: FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO THIS DAY OF , 20_. City Clerk of the City Council of the City of San Bemardino CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthUness, accuracy, or validity of that document. State of California ) County of OA09AJ 6 C-- 0 -- On 7%) before me, Da n3 I Name and T� f the cer personally appeared Name( of Signer(s) � f who proved to me on the basis of satisfactory evidence to be the perso whose na i subscril d to the within instrument and acknowledged to me that he/sh a executed t� m his/he uthorized capaci les and that by his/herdge0,ignature®on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. ABBA KOXIM COMM. 2187672 0 M I)BAN(,E MWV I My Tenn Exp. doh 23 21121 � I certify under PENALTY OF PERJURY under the laws of the State of California that the forego! paragraph is true and correct. WITNESS m hand and official seat Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ltpj 70 -rtjrr=' G r /` Title or Type of Document: /Document Date: Number of Pages; Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Tdie(s): ❑ Partner — ❑ Limited ❑ General 0 Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Tnuistee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Mulgent 11110MI'MMIMM Boom --- - OHM ON OFIRROF 00 MaMPIRM OF MMIMP, 01 OR 211 Mop 02014 kraal Notary Associati<ari • www-NationaiNotary.org • 1 -800 -US NOTARY (1 -80M76 -58M tte n #3907 INSERT EXHIBIT A: BOUNDARY DESCRIPTION The land referred to in this report is situated in the City of San Bernardino, the County of San Bernardino, State of California, and is described as follows: Parcel 1: (APN (APN 0142-041-43) That portion of the Southwest % of the Southeast'/, of Section 6, Township 1 South, Range 4 West, San Bernardino Meridian, according to the Official Plat thereof described as follows: Commencing at the Northeast comer of the Southeast '14 of the Southeast '/< of the Southwest'/. of said Section 6, thence North 89059' 35" East 30.00 feet to a point on the Easterly right of way of Macy Street, said point also being the true point of beginning; thencecontinuing North 890 59' 35" East 385.09 feet to the beginning of a non -tangent curve concave Northwesterly having a radius of 1350.00 feet, a radial bearing from said point bears North 680 08' 40" West; thence Southwesterly along said curve through a central angle of 8° 31' 14", an arc distance of 200.76 feet to a compound curve concave Northwesterly having a radius of 2223.46 feet; thence Southwesterly along said curve through a central angle of 50 43'26", an arc distance of 222.12 feet; thence South 360 06'00" West, 297.16 feet to the Easterly right of way of Macy Street; thence along said right of way North 000 00' 25" West, 600.11 feet to the true point of beginning. Excepting all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered underlying the property, including, without limiting the generality of the foregoing, oil and gas and rights thereto, together with the sole, exclusive and perpetual right to explore for, remove and dispose of said minerals by any means or methods suitable to Grantor, its successors and assigns, but without entering upon or using the surface of the property, and in such manner as not to damage the surface of the property, or to interfere with the use thereof by Grantee, its successors or assigns, as reserved to the Union Pacific Railroad Company, in that Quitclaim Deed recorded December 16, 2004 as Instrument No. 2004-927678, Official Records. Parcel 2: (APN 0142-041-46) That portion of Section 6, Township 1 South, Range 4 West, San Bernardino Meridian, according to the Official Plat thereof described as follows: Commencing at the South 114 corner of said Section 6; thence North 00° 08' 30" East 50.00 feet to a point on the Northerly right of way of Foothill Boulevard (formerly San Bernardino Avenue) said point also being the true point of beginning; thence along said right of way North 890 52' 24" East 308.58 feet; thence North 000 08' 30" East 610.06 feet to the North line of the Southwest 1/4 of the Southwest 1/4 of the Southeast 1/4 of said Section 6; thence along said North line South 89° 53' 06" West 68.36 feet; thence South 36° 06' 00" West 366.20 feet to a curve concave Southeasterly and having a radius of 1660.00 feet; thence Southwesterly along said curve through a central angle of 12134' 08", an arc length of 364.15 feet to a point on the Northerly right of way of Foothill Boulevard; thence along said right of way North 890 46'38" East 154.74 feet to the true point of beginning. Excepting all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered underlying the property, including, without limiting the generality of the foregoing, oil and gas and rights thereto, together with the sole, exclusive and perpetual right to explore for, remove and dispose of said minerals by any means or methods suitable to Grantor, its successors and assigns, but without entering upon or using the surface of the property, and in such manner as not to damage the surface of the property, or to interfere with the use thereof by Grantee, its successors or assigns, as reserved to the Union Pacific Railroad Company, in that Quitclaim Deed recorded December 16, 2004 as Instrument No. 2004-927678, Official Records EXHIBIT F NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on June 5, 2019 adopted its Resolution No. 2019-_, in which it declared its intention to establish Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be included in CFD No. 2019-1 and describes the rate and method of apportionment of the proposed special tax. NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 5:00 p.m., or as soon thereafter as practicable, Wednesday, July 17, 2019 at the City Council Chamber, 201 North "E" Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing to form CFD No. 2019-1. At the hearing, the testimony of all interest persons for or against the formation of CFD No. 2019-1 or the levying of the special taxes will be heard. DATED: 12019 City Clerk of the City of San Bernardino PUB: 12019 EXHIBIT G BALLOT CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (July 17, 2019) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1") of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes According to the provisions of the Mello -Roos Community Facilities Act of 1982, and resolutions of the City Council (the "Council") of the City of San Bernardino (the "City"), the above-named landowner is entitled to cast the number of votes shown above under the heading "Total Votes," representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than July 3, 2019, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on July 17, 2019, at the Clerk's office at 201 N. "E" Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on July 17, 2019. Very truly yours, Georgeann Hanna, MMC, City Clerk TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor's Parcel Number(s): Owner Name Attn: Street Address City, State Zip Code I CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit B to the Resolution Declaring its Intention to Establish Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on June 5, 2019 (the "Resolution"), which is incorporated herein by this reference, within the territory identified on the map entitled "Proposed Boundary Map Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino" to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected? Certification for Special Election Ballot MARK "YES" OR "NO" WITH AN "X": YES NO The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on , 20_. Owner's Name By: Signature Print Name Title