HomeMy WebLinkAboutCFD 2018-2SAN BERNARDINO
COUNTY
August 31, 2018
MI' -
777 East Rialto Avenue. San Bernardino, CA 92415 I Phone: 909.387.8300 Fax: 909.387.2022
Elections Office of the Bob Page
Registrar of Voters Interim Registrar of voters
Spicer Consulting Group
41619 Margarita Road, Suite 101
Temecula, CA 92591
Attention: Shane Spicer
To whom it may concern:
On August 24, 2018, the San Bernardino County Registrar of Voters received a request
to provide the number of registered voters residing within the City of San Bernardino
Community Facilities District No. 2018-2. After examining the voter registration records
within this area, the Registrar of Voters certifies the following information as of August
29, 2018:
Registered voters within the area: 0
An invoice for services rendered for this request will be sent later.
If you have any questions, please feel free to contact the Elections Office at (909) 387-
8300.
Sincerely,
Audilia Lozada
Chief Deputy Registrar for Administration
ADUth
CERTIFICATE OF CITY CLERK
AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS
I, Georgeann Hanna, City Clerk of the City of San Bernardino, do hereby certify that I
have examined the returns of the Special Tax and Special Bond Election for Community
Facilities District No. 2018-2 of the City of San Bernardino (Verdemont Ranch). The election
was held in the San Bernardino City Council Chambers at 201 North "E" Street, San Bernardino,
California, on September 19, 2018. I caused to be delivered ballots to each qualified elector.
One (1) ballot was returned.
I further certify that the results of said election and the number of votes cast for and
against Propositions A, B and C are as follows:
PROPOSITION A
YES: 31
NO:
TOTAL:
Dated this 19th day of September, 2018.
PROPOSITION B
YES: 31
NO:
TOTAL:
PROPOSITION C
YES: 31
NO:
TOTAL:
Georgeann Hanna, City Clerk
City of San Bernardino
Mayor's Public Hearing Script for Formation of CFD 2018-2
Hearing Date: September 19, 2018
Subject: FORMATION PROCEEDINGS AND ELECTION FOR CITY OF
SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2018-2 (VERDEMONT RANCH)
Mayor: The Public Hearing is to consider the FORMATION OF CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-2
(VERDEMONT RANCH)
Mayor: The Public Hearing is now open.
Mayor: Does the City Clerk have proof of publication that the notices as required by
law have been given?
Mayor: Do we have the complete file of exhibits, correspondence and other
documents?
Mayor: Are there any written communications on this matter?
Mayor: We will now receive comments from anyone wishing to speak on this matter.
Each person may address the City Council for a maximum of three minutes.
Mayor: (Calls individuals wishing to speak)
Mayor: Is there anyone in the audience who has not spoken that would like to speak
about the item?
Mayor: Would the City staff like to make any further comments?
Mayor: Do any Members of the Council have any questions of staff or wish to make
any comments before I close the Public Hearing?
Mayor: Has the City Clerk received written protests to any of the matters addressed
in this public hearing from any registered voters or landowners of more than
50% of the acreage located within Community Facilities District No. 2018-
2?"
Clerk: ived zer [or, City Clerk describes protests if they
constitute a majority protest (more than 50% of, or 12, whichever is more,
registered voters or half of non-exempt landowners).]
Mayor: I now declare the hearing closed.
Mayor: May I have a motion to adopt RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA
ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF
THE CITY OF SAN BERNARDINO (VERDEMONT RANCH),
AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN, CALLING
AN ELECTION AND APPROVING AND AUTHORIZING CERTAIN
ACTIONS RELATED THERETO
a. Motion by 14
b. Second by I
C. Is there any further discussion?
d. Vote by City Council Members
Mayor: May I have a motion to adopt RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2018-2 OF THE CITY OF SAN BERNARDINO
(VERDEMONT RANCH) DETERMINING THE NECESSITY TO INCUR
BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED
$5,000,000 WITHIN COMMUNITY FACILITIES DISTRICT NO. 2018-2
OF THE CITY OF SAN BERNARDINO (VERDEMONT RANCH) AND
CALLING AN ELECTION fN THEREIN
a. Motion by
b. Second by
C. Is there any further discussion? ��
d. Vote by City Council Members
Mayor: The Resolutions that we have just adopted call for an election within CFD
No. 2018-2 to (i) authorize the levy of the special tax in accordance with the
rate and method of apportionment; (ii) authorize the issuance of bonded
indebtedness for CFD No. 2018-2 in the maximum principal amount of
$5,000,000; and (iii) establish an appropriations limit for CFD No. 2018-2,
which is to be held at this time by the City Clerk.
4
Clerk: All ballots have been cast in connection with the elect'
and the election is now closed. 'The haunt provasitto Ve ray'
6% niorie t�iqjjW the votes
Mayor: Having received confirmation from the City Clerk certifying the results of
the election, I would entertain a motion to approve RESOLUTION OF THE
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF THE CITY OF
SAN BERNARDINO (VERDEMONT RANCH) CERTIFYING ELECTION
RESULTS.
a. Motion by 9
b. Second by 16V( /Z&/°�l�c.�
C. Is there any further discussion?
d. Vote by City Council Members
Mayor: I would now ask for a motion to Waive further reading and introduce by title
only, ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, ACTING IN ITS
CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2018-2 OF THE CITY OF SAN
BERNARDINO (VERDEMONT RANCH) AUTHORIZING THE LEVY OF
SPECIAL TAXES
a. Motion by C
b. Second by / ��
C. Is there any further discussion?
d. Vote by City Council Members
3
Mayor's Public Hearing Script for Formation of CFD 2018-2
Hearing Date: September 19, 2018
Subject: FORMATION PROCEEDINGS AND ELECTION FOR CITY OF
SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2018-2 (VERDEMONT RANCH)
Mayor: The Public Hearing is to consider the FORMATION OF CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-2
(VERDEMONT RANCH)
Mayor: The Public Hearing is now open.
Mayor: Does the City Clerk have proof of publication that the notices as required by
law have been given?
Mayor: Do we have the complete file of exhibits, correspondence and other
documents?
[Affirmative response br Cin, MM
Mayor: Are there any written communications on this matter?
ihhwL'.5', respond u th lilt, nu
�+ l74 0,
Mayor: We will now receive comments from anyone wishing to speak on this matter.
Each person may address the City Council for a maximum of three minutes.
Mayor: (Calls individuals wishing to speak)
Mayor: Is there anyone in the audience who has not spoken that would like to speak
about the item?
Mayor: Would the City staff like to make any further comments?
Mayor: Do any Members of the Council have any questions of staff or wish to make
any comments before I close the Public Hearing?
Mayor: Has the City Clerk received written protests to any of the matters addressed
in this public hearing from any registered voters or landowners of more than
50% of the acreage located within Community Facilities District No. 2018-
2T9
Clerk: [or, City Clerk describes protests if they
constitute a majority protest (more than 50% of, or 12, whichever is more,
registered voters or half of non-exempt landowners).]
Mayor: I now declare the hearing closed.
Mayor: May I have a motion to adopt RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA
ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF
THE CITY OF SAN BERNARDINO (VERDEMONT RANCH),
AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN, CALLING
AN ELECTION AND APPROVING AND AUTHORIZING CERTAIN
ACTIONS RELATED THERETO
a. Motion by
b. Second by
C. Is there any further discussion?
d. Vote by City Council Members -7--t)
Mayor: May I have a motion to adopt RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2018-2 OF THE CITY OF SAN BERNARDINO
(VERDEMONT RANCH) DETERMINING THE NECESSITY TO INCUR
BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED
$5,000,000 WITHIN COMMUNITY FACILITIES DISTRICT NO. 2018-2
OF THE CITY OF SAN BERNARDINO (VERDEMONT RANCH) AND
CALLING AN ELECTION THEREIN
a. Motion by
b. Second by
C. Is there any further discussion?
d. Vote by City Council Members
Mayor: The Resolutions that we have just adopted call for an election within CFD
No. 2018-2 to (i) authorize the levy of the special tax in accordance with the
rate and method of apportionment; (ii) authorize the issuance of bonded
indebtedness for CFD No. 2018-2 in the maximum principal amount of
$5,000,000; and (iii) establish an appropriations limit for CFD No. 2018-2,
which is to be held at this time by the City Clerk.
2
Clerk:L
llots have been cast in connection with the. election for CFD No. 2018-2
e election is now closed. The ballot propositions have been nPp
r. the
Mayor: Having received confirmation from the City Clerk certifying the results of
the election, I would entertain a motion to approve RESOLUTION OF THE
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF THE CITY OF
SAN BERNARDINO (VERDEMONT RANCH) CERTIFYING ELECTION
RESULTS.
a. Motion by
b. Second by
C. Is there any further discussion?
d. Vote by City Council Members
Mayor: I would now ask for a motion to Waive further reading and introduce by title
only, ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, ACTING IN ITS
CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2018-2 OF THE CITY OF SAN
BERNARDINO (VERDEMONT RANCH) AUTHORIZING THE LEVY OF
SPECIAL TAXES
a. Motion by
b. Second by
C. Is there any further discussion?
d. Vote by City Council Members
3
CERTIFICATE OF CITY CLERK
RE ELECTION DATE
I, Georgeann Hanna, City Clerk for the City of San Bernardino, hereby certify that in
connection with the formation of Community Facilities District No. 2018-2 of the City of San
Bernardino (Verdemont Ranch) (the "District"), I have reviewed the map of the District
boundaries recorded on August 16, 2018, in Book 87, Page No. 98 of the maps of assessment
and community facilities districts in the Officer of the Assessor -Recorder -County Clerk of the
County of San Bernardino and a list of the of Assessor's Parcel Numbers comprising the land
within the District, as required by Government Code Section 53326. On the basis of such
information and information provided to me by the Special Tax Consultant retained by the
District as set forth in Exhibit A attached hereto, it has been determined that the landowner of
record at the close of the September 19, 2018 protest hearing for the District, other than public
agencies, is the landowner listed on Exhibit A who is entitled to the number of votes set forth in
Exhibit A. The unanimous consent of such landowner waiving all applicable time limits and
other requirements pertaining to the conduct of an election within the District and consenting to
the holding of the election on or after September 19, 2018 has been received and, accordingly, in
accordance with Government Code Section 53326(a), I hereby concur in the holding of the
election on September 19, 2018.
Dated: September 19, 2018 L
City Cle of the City of San Bernardino
EXHIBIT A
LANDOWNERS OF RECORD AS OF SEPTEMBER 19, 2018
Landowner
Assessors Parcel No.
17329, LLC
0348-111-52
17329, LLC
0261-031-10
17329, LLC
0261-031-11
17329, LLC
0261-062-11
17329, LLC
0261-062-12
17329, LLC
0261-062-13
17329, LLC
0261-062-14
Total Acreage: 30.70
Total Votes: 31
WAIVER OF CERTAIN ELECTION PROCEDURES
WITH RESPECT TO LANDOWNER ELECTION FOR
COMMUNITY FACILITIES DISTRICT NO. 2018-2
OF THE CITY OF SAN BERNARDINO (VERDEMONT RANCH)
The undersigned, Felizardo Robles, Jr., acting on behalf of the 17329, LLC, a Delaware
limited liability company (the "Owner"), hereby certifies to the City of San Bernardino (the
"City"), with respect to the proposed formation of Community Facilities District No. 2018-2 of
the City of San Bernardino (Verdemont Ranch) (the "District"), as follows:
1. The undersigned has been duly authorized by the Owner and possesses all
authority necessary to execute this Waiver on behalf of the Owner in connection with the
election to be called by the City Council of the City with respect to the District. The Owner
hereby appoints Felizardo Robles, Jr. to act as its authorized representative to vote in the election
referred to herein and certifies that his true and exact signature is set forth below:
Signature of Felizardo Robles, Jr.:
2. The Owner is the present owner of 30.70 acres of land located within the
proposed boundaries of the District. There are no registered voters residing within the territory
owned by the Owner and have been none during the 90 -day period preceding September 19,
2018.
3. The Owner has received notice of the September 19, 2018 public hearing to be
held by the City Council of the City regarding the levy of a special tax in the District and the
incurring of bonded indebtedness by the District. The Owner agrees that it received adequate
notice of the September 19, 2018 hearing.
4. The Owner has received from the City and the City has made available to the
Owner necessary and relevant information regarding the proposed formation of the District and
the imposition of the special tax and the issuance of bonded indebtedness, as set forth in
Resolutions No. 2018-240 and 2018-241 adopted by the City Council on August 15, 2018
(together, the "Resolutions") to finance the facilities as set forth in the Resolutions.
5. The undersigned understands that if the District is formed on or after September
19, 2018, an election will be held by the District on the propositions set forth in the sample ballot
attached hereto as Exhibit "A" less than 90 days after the close of the September 19, 2018 public
hearing as in accordance with Section 53326 of the Government Code, without the preparation of
an impartial analysis, arguments or rebuttals concerning the election as provided for by Elections
Code Sections 9160 to 9167, inclusive, and 9190 and without preparation of a tax rate statement
as provided in Section 9401 of the Elections Code and without further notice of such election as
required pursuant to the Elections Code or the Government Code. Having been fully advised
with respect to the election, in accordance with the authority contained in Government Code
Sections 53326 and 53327, the Owner waives compliance with the foregoing provisions of the
Elections Code and Government Code, with any time limits or other procedural requirements
pertaining to the conduct of the election which are not being complied with and consents to
1
D O C S O C/ 1902907v3/2 00430-0018
having the election on any date on or after the close of the September 19, 2018 public hearing
and consents to the closing of the election as soon as all ballots are received by the City Clerk.
6. The undersigned hereby represents that compliance with the procedural
requirements for conducting the election, including the receipt of any ballot arguments and
impartial analysis and the time limitations which apply in connection with scheduling, mailing
and publishing notices for such an election, are unnecessary in light of the fact that the
undersigned has received sufficient information regarding the imposition of the special tax and
the issuance of bonded indebtedness as set forth in the Resolutions to allow it to properly
complete the attached ballot. The Owner further waives its right to make any protest or
complaint or undertake any legal action challenging the validity of the election, the validity of
any bonded indebtedness issued by the District as approved at the election, or the validity of the
levy of the special tax to finance facilities for the benefit of the District or to repay bonded
indebtedness issued by the District.
Dated: September 12, 2018
17329, LLC, a Delaware limited
liability company
By: x`
Felizardo Robles, Jr., President, JEC
Enterprises, Inc., its Manager
2
DOCS OC/1902907v3/200430-0018
City Council Public Hearing Script
Hearing Date: September 19, 2018
Subject: FORMATION PROCEEDINGS AND ELECTION FOR CITY OF
SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2018-2 (VERDEMONT RANCH)
Mayor: The Public Hearing is to consider the FORMATION OF CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-2
(VERDEMONT RANCH)
Mayor: The Public Hearing is now open, the time is:
Mayor: Are there any disclosures from Council Members?
[Opportunity for Council Members to disclose ex parte contacts (written, oral and
in-person), conflict of interests, attendance at meetings such as Planning
Commission etc.]
Mayor: Does the City Clerk have proof of publication that the notices as required by
law have been given?
[Affirmative response by City Clerk]
Mayor: Do we have the complete file of exhibits, correspondence and other
documents?
[Affirmative response by City Clerk]
Mayor: Are there any written communications on this matter?
[If affirmative response including number received by City Clerk, then order them
made apart of the record if there are no objections.]
Mayor: Will the staff representative please introduce yourself and present the Staff
Report. [Staff introduces Brian Forbath of Stradling Yocca Carlson & Rauth,
Bond Counsel to the City and Shane Spicer of SCG — Spicer Consulting Group,
LLC, Special Tax Consultant, who are present.]
At the conclusion of staff's presentation,
Mayor: We will now receive comment from any persons in the audience who wish to
speak on this matter. Each person may address the City Council for a
maximum of three minutes, please submit your speaker slip to the City
Clerk.
City Clerk
a. call individuals who filled out a request to speak form
Mayor
b. Is there anyone in the audience who has not spoken that would like to
speak about the item
After public testimony is complete,
Mayor: Would the City staff like to make any further comments?
At the conclusion of the City's comments,
Mayor: Do any Members of the Council have any questions of staff or wish to make
any comments before I close the Public Hearing?
[This is the time to receive further testimony, have questions answered in regards
to gathering information to make decisions]
At the conclusion of Council questions,
MAYOR: Has the City Clerk received written protests to any of the matters addressed in
this public hearing from any registered voters or landowners of more than 50% of the
acreage located within Community Facilities District No. 2018-2?"
CLERK: I have received zero written protests. [City Clerk describes protests if they
constitute a majority protest (more than 50% of, or 12, whichever is more, registered voters or
half of non-exempt landowners).]
Mayor: I now declare the hearing closed. The time being
May I have a motion to adopt RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA ESTABLISHING
COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF THE CITY OF SAN
BERNARDINO (VERDEMONT RANCH), AUTHORIZING THE LEVY OF A SPECIAL
TAX THEREIN, CALLING AN ELECTION AND APPROVING AND AUTHORIZING
CERTAIN ACTIONS RELATED THERETO
a. Motion by
b. Second by
C. Is there any further discussion?
d. Vote by City Council Members
e. Announce the vote
May I have a motion to adopt RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF THE
CITY OF SAN BERNARDINO (VERDEMONT RANCH) DETERMINING THE
NECESSITY TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO
EXCEED $5,000,000 WITHIN COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF
K
THE CITY OF SAN BERNARDINO (VERDEMONT RANCH) AND CALLING AN
ELECTION THEREIN
a. Motion by
b. Second by
C. Is there any further discussion?
d. Vote by City Council Members
e. Announce the vote
MAYOR: The Resolutions that we have just adopted call for an election within CFD No.
2018-2 to (i) authorize the levy of the special tax in accordance with the rate and method of
apportionment; (ii) authorize the issuance of bonded indebtedness for CFD No. 2018-2 in
the maximum principal amount of $5,000,000; and (iii) establish an appropriations limit
for CFD No. 2018-2, which is to be held at this time by the City Clerk.
CLERK: All ballots have been cast in connection with the election for CFD No. 2018-2 and
the election is now closed. The ballot propositions have been approved by more than two-
thirds of the votes cast in the election for CFD No. 2018-2.
MAYOR: Having received confirmation from the City Clerk certifying the results of the
election, I would entertain a motion to approve RESOLUTION OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS
THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF
THE CITY OF SAN BERNARDINO (VERDEMONT RANCH) CERTIFYING
ELECTION RESULTS.
a. Motion by
b. Second by
C. Is there any further discussion?
d. Vote by City Council Members
e. Announce the vote
MAYOR: I would now ask for a motion to Waive further reading and introduce by title
only, ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF THE CITY OF SAN
BERNARDINO (VERDEMONT RANCH) AUTHORIZING THE LEVY OF SPECIAL
TAXES
a. Motion by
b. Second by
C. Is there any further discussion?
d. Vote by City Council Members
e. Announce the vote
3
ATTACHMENT B
CERTIFICATE OF CITY CLERK
AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS
I, Georgeann Hanna, City Clerk of the City of San Bernardino, do hereby certify that I
have examined the returns of the Special Tax and Special Bond Election for Community
Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino. The election
was held in the San Bernardino City Council Chambers at 201 North "E" Street, San Bernardino,
California, on September 19, 2018. I caused to be delivered ballots to each qualified elector.
(__) ballots were returned.
I further certify that the results of said election and the number of votes cast for and
against Propositions A, B and C are as follows:
PROPOSITION A
PROPOSITION B PROPOSITION C
YES: YES: YES:
NO: NO: NO:
TOTAL: TOTAL: TOTAL:
Dated this 19`h day of September, 2018.
FIN
Georgeann Hanna, City Clerk
City of San Bernardino