HomeMy WebLinkAbout2019-178Resolution No. 2019-178
RESOLUTION NO. 2019-178
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN BERNARDINO ESTABLISHING COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES); CALLING AN ELECTION FOR THE
PURPOSE OF SUBMITTING THE QUESTION OF THE
LEVY OF THE PROPOSED SPECIAL TAX TO THE
QUALIFIED ELECTORS OF THE PROPOSED
COMMUNITY FACILITIES DISTRICT; AUTHORIZING
THE LEVY OF SPECIAL TAXES; AND ESTABLISHING
THE APPROPRIATIONS LIMIT FOR THE PROPOSED
COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council (the "City Council") of the City of San Bernardino (the "City"),
adopted its Resolution No. 2019-81, (the "Resolution of Intention") (i) declaring its intention 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"), (ii) proposing to
levy a special taxes within CFD No. 2019-1 pursuant to the terms of the Act to fund the cost of
providing maintenance services (the "Services") described in Exhibit A hereto, and (iii) calling a
public hearing on the establishment of CFD No. 2019-1 for July 17, 2019; and
WHEREAS, before the time for the public hearing, as directed in the Resolution of Intention,
Spicer Consulting Group, LLC filed with the City Council the report required by California
Government Code Section 53321.5 (the "Hearing Report"); and
WHEREAS, a notice of the public hearing was duly published as required by the Act, as
evidenced by the affidavit of publication on file with the City Clerk; and
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was
convened by the City Council on July 17, 2019, not earlier than the hour of 7:00 p.m. at the City
Council Chambers located at 201 North "E" Street, San Bernardino, California 92418, relative to
the establishment of CFD No. 2019-1; and
WHEREAS, at the hearing, the testimony of all interest persons desiring to be heard on the
establishment of CFD No. 2019-1, the extent thereof, the furnishing of specified types of
services, the proposed special tax, the establishment of an appropriations limit for CFD No.
2019-1, or any other matters set forth in the Resolution of Intention was heard and a full and fair
hearing was conducted thereon; and
WHEREAS, written protests against the establishment of CFD No. 2019-1, the furnishings of
specified type or types of services in CFD No. 2019-1 as listed in the Hearing Report, or the
levying of the special tax have not been filed by the owners of one-half or more of the area of
land in the territory proposed to be included in CFD No. 2019-1 and not exempt from this special
tax; and
Resolution No. 2019-178
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to
establish CFD No. 2019-1 and to submit to the qualified electors of CFD No. 2019-1 the levy of
the special tax therein (as such tax is more particularly described in Exhibit B hereto) and the
establishment of an appropriations limit for CFD No. 2019-1; and
WHEREAS, the ballot questions regarding the levy of the special tax and the establishment of
the appropriations limit have been combined into a single ballot measure pursuant to Section
53353.5 of the Government Code, as provided in the form of special election ballot attached
hereto as Exhibit C and by this reference incorporated herein; and
WHEREAS, the San Bernardino County Registrar of Voters has certified that fewer than 12
persons were registered to vote within the territory of CFD No. 2019-1 as of June 24, 2019,
which date is within the 90 -day period preceding the close of the hearing; and
WHEREAS, the City Council has received a written instrument from each landowner in CFD
No. 2019-1 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 Clerk has concurred in the election date set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct.
Section 2. Communily Facilities District Report. The City Council hereby makes the
Community Facilities District Report a part of the record of the hearing.
Section 3. No Majority Protest. The formation of CFD No. 2019-1 and the levy of the
proposed special tax within CFD No. 2019-1 has not been precluded by majority protest pursuant
to Section 53324 of the Act.
Section 4. Establishment of District. As proposed in the Resolution of Intention, a
community facilities district is hereby established pursuant to the Act, designated "Community
Facilities District No. 2019-1 (Maintenance Services)."
Section 5. Finding of Procedural City Council finds and determines that all
prior proceedings had and taken by the City Council with respect to the formation of CFD No.
2019-1 are valid and in conformity with requirements of the Act.
Section 6. Boundaries of CFD No. 2019-1. The boundaries of CFD No. 2019-1 shall be as
set forth in the map entitled "Proposed Boundary Map, Community Facilities District No. 2019-1
(Maintenance Services), City of San Bernardino, County of San Bernardino, State of California"
that was filed with the San Bernardino County Recorder on June 6, 2019 in Book 88 of Maps of
Assessment Maps, at Page 32, Document No. 2019-0185323.
Resolution No. 2019-178
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), City of San
Bernardino, County of San Bernardino, State of California," that was filed with the San
Bernardino County Recorder on June 6, 2019 in Book 88 of Assessment Maps, at Page 33,
Document No. 2019-0185395.
Section 7. Description_of Authorized Services. The Services proposed to be financed by
CFD No. 2019-1 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 8. Levy of Special Tax. As stated in the Resolution of Intention, except where funds
are otherwise available, subject to the approval of the qualified electors of CFD No. 2019-1, 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 in CFD No. 2019-1. The rate and method of apportionment, and manner of
collection of the special tax are specified in Exhibit B hereto.
Section 9. Apportionment of Tax. The special tax as apportioned to each parcel is based on
the cost of making the Services available to each parcel, or other reasonable basis, and is not
based on or upon the ownership of real property.
Section 10. Tax Roll Preparation. The office of the Public Works Director, 201 North "E"
Street, City of San Bernardino, is hereby designated as the office that will be responsible for
annually preparing a current roll of special tax levy obligations by assessor's parcel number and
that will be responsible for estimating future special tax levies pursuant to Government Code
section 53340.2. The Public Works Director may cause these functions to be performed by his
or her deputies, assistants, or other designated agents.
Section 11. _Appropriations Limit. The City Council proposes that the appropriations limit, as
defined by Article XIII B, Section 8(h), of the Constitution of the State of California, for CFD
No. 2019-1 be established in the amount of special taxes collected.
Section 12. Accountability Measures. Pursuant to Section 50075.1 of the California
Government Code, the City shall create a separate account into which tax proceeds will be
deposited; and the Finance Director annually shall file a report with the City Council that will
state (a) the amount of funds collected and expended and (b) the status of the Services financed
in CFD No. 2019-1.
Section 13. Special Election: Vo tin , Procedures. The City Council hereby submits the
question of levying the special tax and the establishment of the annual appropriations limit for
CFD No. 2019-1 to the qualified electors within CFD No. 2019-1, in accordance with and
Resolution No. 2019-178
subject to the Act. The special election shall be held on July 17, 2019, and shall be conducted as
follows:
(a) 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 twelve registered voters resided
within CFD No. 2019-1 on June 11 2019 (a date within the 90 days preceding the close of the
public hearing on the establishment of CFD No. 2019-1), the qualified electors shall be the
landowners within CFD No. 2019-1, and each landowner who was the 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 CFD No. 2019-1.
(b) Consolidation of Elections, Combination of Propositions on Ballot. The
election on the question of levying the special tax and establishing an appropriations limit for
CFD No. 2019-1 shall be consolidated, and the two propositions shall be combined into a single
ballot proposition for submission to the voters, as authorized by Government Code Section
53353.5.
(c) Mail Ballot Election. Pursuant to Government Code Section 53327.5, the
election shall be conducted as a mail ballot election. The City Council hereby ratifies the City
Clerk's delivery of a ballot to each landowner in CFD No. 2019-1. The City Council hereby
ratifies the form of the ballot, which is attached hereto as Exhibit C.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners
up to the close of the public hearing on the formation of CFD No. 2019-1 on July 17, 2019. The
City Clerk shall have available ballots that may be marked at the City Clerk's office on the
election day by voters. Once all qualified electors have voted, the City Clerk may close the
election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the
returns of the special election as soon as the election is closed (on July 17, 2019, or when all
qualified electors have voted) at the City Council Chambers. At the conclusion of the canvass,
the City Clerk shall announce the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the
special election following the completion of the canvass of the returns and shall cause to be
inserted into its minutes a statement of the results of the special election as ascertained by the
canvass of the returns.
Section 14. Filing of Resolution and Map with City Clerk. The City Council hereby directs
the City Clerk to file a copy of this resolution and the map of the boundaries of CFD No. 2019-1
in his/her office.
Section 15. Lien to Secure Special Tax. Upon a determination by the City Council that two-
thirds of the votes cast upon the question of levying the special tax were in favor thereof, the
City Clerk shall record the notice of special tax lien provided for in Section 3114.5 of the
California Streets and Highways Code. Upon recordation of the notice of special tax lien, a
continuing lien to secure each levy of the special tax shall attach to all nonexempt real property
in CFD No. 2019-1, and this lien shall continue in force
the City Council ceases. n
APPROVED and ADOPTED by the
by the City Clerk this 17d' day of July 2019.
Attest:
Georgeann anna, MMC, 6ity Clerk
Approved as to form:
Gary D. Saenz, City Attorney
Resolution No. 2019-173
effect until collection of the tax by
by the Mayor and attested
Joitn Valdivia, Mayor
City of San Bernardino
Resolution No. 2019-178
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. 2019-178 adopted at a regular meeting held on the 17th day of July 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT_
NICKEL_
RICHARD Y_
MULVIHILL k
WITNESS my hand and official seal of the City of San Bernardino this 17a' day of July 2019.
c
_ Georgeann ia, MMC, 61y Clerk
EXHIBIT A
DESCRIPTION OF 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. 201971.
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 C 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.
1W42111�110
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 Assessors 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 Assessors Parcels of Taxable Property that are included in a Final
Map that was recorded prior to 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 Assessors Parcel Number
by the County Assessor of the County of San Bernardino.
"Assessors Parcel Map" means an official map of the Assessor of the County designating parcels by
Assessors Parcel Number.
"Assessors Parcel Number" means that identification number assigned to a parcel by the County
Assessor of the County.
City of San Bernardino
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. 20194" 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 pursLrant 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 11 of any year to and including the following
June 30'h.
"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 3
Community Facilities District No. 2019-1 (Maintenance Services)
"Spedal 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 5ections 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 4
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 by the 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 for the 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 S ecial 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 Cat. ories
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 5
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:
TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax Taxable Maximum
Zone Tract Land Use Category Unit Special Tax A
1 TR 17170 Single Family Residential Property RU $961
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property
shall increase by 1) 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
Tracts I
Taxable Unit
Special Tax A
i
TR 17170 1
-Maximum
$4,338
On each July 1, commencing on July 1, 2020the 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. Developed Property
(i) Maximum Special Tax B [Contingent]
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 (Continp-ent'N
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 Cate gorier
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 7
Community Facilities District No. 2019-1 (Maintenance Services)
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax I Taxable Maximum Special
Zone Tract Land Use Category Unit Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
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 Property
The Maximum Special Tax B (Contingent) for each Assessor's Parcel of Undeveloped Property shall
be speck 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 l 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 (1992-84 =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)
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 Property within 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 9
Community Facilities District No. 2019-1 (Maintenance Services)
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
review the appeal, and if necessary, meet with the property owner, consider written 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
1 Landscaping
2 Streetlights
3 Traffic Signals _
4 Street & Pavement
5 Drainage i
6 Parks
7 Trails
8 Graffiti Abatement
9 Administration
10 Reserves
Total
culmarea Wn
$2,860 G
$o
$149
$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.
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
Community Facilities District No. 2019-1 (Maintenance Services)
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 SanthigoCommunities, 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
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)
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services)
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BALLOT
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 20194 (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
Cauffman Family Trust
Fem P. Cauffman Trust
Number of Acres Owned
6.87
Total Votes
7
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 S Address of Pro
Owner: Assessor's Parcel
Owner Name: Cauffman Family Trust $ 0142-041-43
Fern P. Cauffman Trust 0142-041-46
Attn: John Cauffman
32703 Caspian Sea Drive
Dana Point, CA 92629
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
Cauffman Family Trust
Signature
Print Name
Title
Fern P. Cauffman Trust
Signature
Print Name
Title