HomeMy WebLinkAboutRES 2020-057 Declaring Its Intention to Annex Territory Into Community Facilities District No. 2019-1RESOLUTION NO.2020-57
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION
TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT
NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN
BERNARDINO, ADOPTING A MAP OF THE AREA TO BE PROPOSED
(ANNEXATION NO.2) AND AUTHORIZING THE LEVY OF A SPECIAL
TAXES THEREIN
WHEREAS, pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act"),
on June 5, 2019, the City Council (the "City Council") of the City of San Bernardino (the
"City") approved Resolution No. 2019-081 establishing Community Facilities District No. 2019-
1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
California, defined the "CFD No. 2019-1 ", for the purpose of levying special taxes on parcels of
taxable property therein for the purpose of providing certain services which are necessary to
meet increased demands placed upon the City; and
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, to annex territory to
CFD No. 2019-1 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 shown in Exhibit D be annexed territory to the boundaries of CFD No.
2019-1, that a rate and method of apportionment of the special tax to be levied therein be
established;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, ACTING EX OFFICIO AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE
SERVICES) OF THE CITY OF SAN BERNARDINO, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. Intent to Annex. The City Council hereby declares that it proposes and intends to
conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities
District of the territory described in Exhibit A attached hereto. The City Council determines that
the public convenience and necessity require that such territory be annexed to the Community
Facilities District.
Section 2. 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)".
Resolution No. 2020-57
April 1, 2020
Page 1 of 4
Section 3. Descri tion of TerritoKy Proposed to be Annexed Annexation Map. The territory
proposed to be annexed are included within the boundaries within which property may annex to
CFD No. 2019-1 and 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," as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community
Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the
County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is
described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is
also shown and described on the map thereof entitled "Annexation Map No. 2, Community
Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San
Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map")
and attached hereto as Exhibit D.
Section 4. Description of Authorized Services. The services proposed to be financed by
CFD No. 2019-1 (the "Services") are described in Exhibit B attached hereto. The cost of
providing the Services includes "incidental expenses," which include costs associated 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 C.
Section 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and
Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to
be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall
file the original of the Annexation map in his office and shall file a copy of the Annexation Map
with the County Recorder of the County of San Bernardino no later than 15 days prior to the date
of the hearing specified in Section 7 hereof.
Section 7. Public Hearing. The City Council hereby fixes 7:00 p.m., or as soon thereafter as
practicable, on Wednesday, May 6, 2020, in the Council Chambers, 555 W. 6th Street, San
Bernardino, California 92410, as the time and place when and where the City Council will
conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1.
Section 8. 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 53322 of
the Act.
Resolution No. 2020-57
April 1, 2020
Page 2 of 4
Section 9. Mailing Ballots. In anticipation of its action on Wednesday May 6, 2020 to call
the election on the annexation for the same date, pursuant to waiver of election time limits from
the landowners, the City Council hereby authorizes the City Clerk to mail to each landowner in
the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially the form set
forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is
attached hereto as Exhibit E and incorporated herein by this reference.
APPROVED and ADOPTED at a regular m ' 'i � g of th Council of the City of San
Bernardino, California, this 15` day of April, 202[ ,
•
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
77 T7,� -
,/Sonia Carvalho , City A
Resolution No. 2020-57
April 1, 2020
Page 3 of 4
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-57, adopted at a regular meeting held on the lst day of April 2020
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ X
FIGUEROA X
SHORETT
X
NICKEL
X
RICHARD
X
MULVIHILL
X
WITNESS my hand and official seal of the City of San Bernardino this 2nd day of April 2020.
l
Genoveva Rocha, CMC, Acting City Clerk
Resolution No. 2020-57
April 1, 2020
Page 4 of 4
EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the
"CFD No. 2019-1") Annexation No. 2 is currently comprised of one parcel, located within the City
boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers
(APN).
APN Owner Name
0141-431-24 1 GWS #4 DEVELOPMENT LLC
EXHIBIT B
DESCRIPTION OF AUTHORIZED SERVICES
EXHIBIT B
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 C
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 an nual administration fees
including payment of a proportional share of salaries and benefits of any City employees and City
overhead whose duties are related to the administration and third party expenses. 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 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 Priorto the March 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
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 Taxable 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 Special Tax B Requirement" means that amount required in any Fiscal Year, if the POA
is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in
the Calendar Year commencing in such Fiscal Year; (il) fund an operating reserve for the costs
of 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.
"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 March 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 1" of any year to and including the following
June 30tn
"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 March 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 the Maximum Special Tax A, as determined in accordance with
Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019-1.
City of San Bernardino
Community Facilities District No. 2019-1(Maintenance Services)
"Maximum Special Tax B (Contingent)" means the Maximum Special Tax B (Contingent), as
determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's
Parcel of Taxable Property within CFD No. 2019-1.
"Multi -Family Residential Property" means any Assessor's Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall
with another unit.
"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 VOW 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
with the same Tax Zone, (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 with the same Tax Zone, 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 with the same Tax Zone.
"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 completed
Residential Units have been 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" means any residential property other than Multi -Family
Residential Property on an Assessor's Parcel.
"Special Tax(es)" means the Special Tax A and/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 for such Tax Zone of 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 Special Tax B (Contingent) to be levied in each Fiscal Year on
each Assessor's Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if
required.
"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 V 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. For Parcels of undeveloped property zoned for development of single family attached
or multi -family units, the number of Residential Units shall be determined by referencing the
condominium plan, apartment plan, site plan or other development plan, or by assigning the
maximum allowable units permitted based on the underlying zoning for the Parcel. 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 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 identified for the Tract below or as included in Appendix A as each Annexation occurs.
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
City of San Bernardino 4
Community Facilities District No. 2019-1(Maintenance Services)
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 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 2019-2020 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone
Tract
Land Use Category
Taxable
Unit
Maximum
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.
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 Afor Approved property
Fiscal Year 2019-20 within Tax Zone i is identified in Table 2 below:
City of San Bernardino
Community Facilities District No. 2019-1(Maintenance Services)
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 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:
Tax Zone
1
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tracts Taxable Unit i Maximum Special Tax A
TR 17170 Acre I $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax Afor 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 bligation
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
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)
City of San Bernardino
Community Facilities District No. 2019-1(Maintenance Services)
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 each 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:
Tax
Zone Tract
1 l� TR 17170
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Taxable Maximum Special
Land Use Category Unit Tax B (Contingent]
Single Family Residential Property RU $0
(ii) Increase in the Maximum Special Tax B fContingent)
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 11) 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 Taxable Property is shown
in Table 5 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 forthe 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 the Tax Zone is identified
in Table 5 below:
TABLE 5
MAXIMUM SPECIALTAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax Taxable Maximum Special
Zone Tract Land Use Category Unit Tax B Contingent)
1 TR 17170 Single Family Residential Property i 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
City of San Bernardino
Community Facilities District No. 2019-1(Maintenance Services)
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 Taxable Property is shown
in Table 6 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 forthe 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 the Tax Zone is identified
In Table 6 below:
Tax Zone
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tracts Taxable Unit
TR 17170 Acre
Maximum Special
Tax B (Contingent)
s0
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 Council shall determine
the Special Tax A Requirement and shall levy the Special Tax A on all Assessor's Parcels of Taxable
Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each
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
Propertywithin each Tax Zone upto 100% of the applicable Maximum Special Taxto satisfythe Special
Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first step has been completed, the Special Tax A shall be levied Proportionately on each
Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for
Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all
Assessor's Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special
Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with 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 Contingent Special Tax B (Contingent)
Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor's Parcels of
City of San Bernardino
Community Facilities District No. 2019-1(Maintenance Services)
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 for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy
the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B
(Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B 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 within such Tax Zone 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. Based on this analysis, the property to be annexed, pursuant to California Government Code
section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate 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, any Assessor's Parcels; (1) 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 otherthan 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 is in use in the performance of a public function as determined by the
Administrator.
N. 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. A representative(s) 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 representative'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).
City of San Bernardino 9
Community Facilities District No. 2019-1(Maintenance Services)
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
Community Facilities District No. 2019-1(Maintenance Services)
10
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 3
PM 19814
Item Description Estimated Cost
1 Landscaping $27,031
2 Reserves $4,055
3 Admin $2,703
Total $33,789
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 Tract/ Taxable Land Use Taxable Special Tax Special Tax B
Zone Included APN Units Category Unit A (Contin8enty Subdivider
3 2019-20 PM 19814 56 Commercial Acre $608 $0 GSW #4 Development
APPROVED AND UNDEVELOPED PROPERTY
The Maximum Special Tax for Tax Zone 3 for Approved Property and Undeveloped Property for
Fiscal Year 2020-23. is $608 per acre.
City of San Bernardino 11
Community Facilities District No. 2019-1 (Maintenance Services)
TAX ZONE SUMMARY
Tax
Tract
Fiscal
Maximum
Annexation
Zone
APN
Year
Special Tax A
Original
1
17170
2019-20
$961 / RU
1
2
17329 _
2019-20
$473 / RU
2
3
PM 19814
2020-21
$608 / Acre
3
4
0266-041-39
2019-20
$1,136/Acre
Maximum
Special Tax B Subdivider
$0 / RU Santiago Communities, Inc.
$0 / RU JEC Enterprises, Inc.
$0 / Acre GWS #4 Development, LLC
Devore Storage Facility,
$0/ Acre LLC
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2021 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 I!) by two percent
(2.0%), whichever is greater.
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
12
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-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; 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 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.
City of San Bernardino 13
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 14
Community Facilities District No. 2019-1(Maintenance Services)
EXHIBIT D
ANNEXATION AND POTENTIAL ANNEXATION BOUNDARY MAPS
I HEREBY CERNFY THATTHE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019.1
(MAINTENANCE SERVICES) FOR THE CRY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS
APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO AT A REGULAR MEETING THEREOF, HELD
ON THE -DAY OF 20 -.
BY ITS RESOLUTION NO,
CITY CLERK, CITY OF SAN BERNARDINO
FILED IN THE OFFICE OF THE CITY CLERK THIS _ DAY OF
20
CITYCLERK, CTFY OF SAN BERNARDINO
SAN BERNARDINO COUNTY RECORDERS CERTUICAE
THIS MAP WAS FILED UNDER DOCUMENT NUMBER
. THIS_DAYOF_� 2R�AT
_ M.INBOOK_OF ATPAGE� AT
THE REQUEST OF
IN THE AMOUNT OF S
BOB DUTTON
ASSESSOR -RECORDER -CLERK
COUNTY OF SAN BERNARDINO
I
I BY.
DEPUTY RECORDER
w L L3
a
. TIFB•MlD THE FOR Y WP CONIECtt Y10M lOTOR
IRMFLOF LOOUIfI1tlEOM11NRf1lpOWpMprs
OdMUatt NWTIDt fNSTAG'f. FOR OETMA
CpA16MN0 TIE IIF.! NIO OAID6101N OF 10:6OA
SP�RRWRILR`,0.R'TMO m0.OB R6LR TD LIE COIMNNYOiOR WII FOR
IOfX YLN ]OILO2
ANNEXATION MAP NO.2
COMMUNITY FACILITIES DISTRICT NO.2019-1
(MAINTENANCE SERVICES)
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
SHEET I OF 1 SHEET
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.2019.1
(MAINTENANCE SSWCES(, OF THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA,
THE BOUNDARIES OF WHICH COMMUNITY FACILITIES
DISTIUCT ARE SHOWN AND DESCRIBED ON THE MAP
THEREOF WHICH WAS PREVIOUSLY RECORDED ON
C IUNE 6, 2019 IN BOOK RB OF MAPS OF ASSESSMENT
AND OQMMUNXIY FWUTIPS DIFMCF AT PAGE 32 AND
AS INSTRUMENT NO.201"2115323 W THE OFFICE OF THE
COUNTY RECORDER OFTHE COUNTY OF SAN RERNARDINO,
STATE OF CALIFORNIA.
LEGENQ
- wwceLure
ww�ro-s.n
�3Q � rum
N
W + E
B
BOUNDARIES - POTENTIAL ANNEXATION AREA
COMMUNITY FACILITIES DISTRICT NO.2019.1
(MAINTENANCE SERVICES)
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA
N
LEGEND w�E
ANNEXATION AREA BOUNDARY S
SHEET T OF I SHEET
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE
PROPOSED BOUNDARIES OF POTENTIAL ANNEYATON AREA
OF COMMUNITY FAOUTIES DISTRICT NO. 2o29d
(MAINTENANCE SERVICESL CITY OF SAN BERNARDINO,
COUNTY OF SAN BEPNARDINO, STATE OF CALIFORNIA WAS
APPROVED BY THE CITY COUNCIL OF THE CTIV OF SAN
BER*RDINO AT0. REGWAp MFMWG THEREOF, HELD ON
DAY OF�i y10��
BY RESOLUTION NO. .94,V-91 OF COMMUNITY
FACILITIES DISTRICT NO. 2029-1
CITY
CITY OF SAN BERNARDWO
FILED IN THE OFACEAF THE CITY CLERK MY OF SAN
BERNARDINO. THIS T DAY OF IO L r .
i
CITY RN
CM OF SAN BERNARDINO
'SSl ti:?
wwsn-inti
SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
THIS MAP WAS FILED UNDER DOCUMENT NUMBER
a01q-01RS21J . _ THIS' DAY OF 20 .ff, AT
324 0M.W BOOR aOF&" 1�uTFAGE W,AT
THE REQUEST OF CA+I('F aF SML ZIS.�or�1e
IN THE AMOUNT OF S f 2, SO
BOB DUTTON
ASSESSOR -RECORDER -CLERK
COUNTY OF SAN
BERNARDINO
BY:_.
DEPUTY RECORDER
EXHIBIT E
PETITION
PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO
REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT
NO. 201 8-5 OF 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.), to annex territory into Community Facilities District No. 2018-5
(Maintenance Services) (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 Califomia 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 Callfomia 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 and
any and all laws and requirements Incorporated therein, and no step or action in any proceeding relative to
annexing territory into Community Facilities District No. 2015-2 of the portion of the incorporated area of the
City of San Bemardino or the special election therein shall be invalidated or affected by any such irregularity,
error mistake or departure.
IN WITNESS WHEREOF, I hereunto set my hand this 29 day of Au u, 2Q.19.
GWS 4 Development, LLC, a California limited
liability company 0141-421-14, 18, 19, and 20 ; and,
0141-431-17 and 18.
(rl
By -
Nam Tohn WIMagness
Title: gon's;V Ice President
Executive
OWNER'S PROPERTY:
TRACT MAP OR PARCEL MAP No.
or PROJECT NO.
OWNER'S MAILING ADDRESS:
901 Via Piemonte, Suite 175
Ontario, CA 91764
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 Bernardino
Acknowledgment Regarding Property to be Included into Community Facilities District No.
The developer/property owner of (Tract No. / Assessor's Parcel No.) 0141-421-14 ' 18 19' and 20 ; and,hereb acknowledges that: _41-3--17—an18.`
If
DATED:
OWNER(S): GWS`+4 DEVELOPMENT, LLC, a Celifomia limited
/29/19 -�Sohn M. Magness liability company
(Print Name_)
�r
Signature) ;
Executive Vice President
(Title)
(Print Name)
(Signature)
(Title)
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EXHIBIT F
NOTICE OF PUBLIC HEARING
NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN
EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES)
(ANNEXATION NO.2)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on April 1, 2020,
adopted its Resolution No. 2020-_, in which it declared its intention to annex territory
to existing 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 annexed and describes
the rate and method of apportionment of the proposed special tax. No change in the tax levied in the
existing CFD No. 2019-1 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter
as practicable, Wednesday, May 6, 2020 in the City Council Chambers located at 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 annexation of territory to CFD No. 2019-1. At the hearing, the testimony of all
interest persons for or against the annexation of the territory or the levying of the special taxes will be
heard.
DATED: , 2020
City Clerk of the City of San Bernardino
PUB: 2020
EXHIBIT G
BALLOT
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO.2019-1 (MAINTENANCE SERVICES)
(May 6, 2020)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facllitles 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
GSW #4 Development, LLC 61.74 62
According to the provisions of the Mello -Roos Community Facilities Act of 1982, and resolutions
of the Clty 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 April 22. 2020, 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 7:00 p.m. on May 6, 2020,
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 May 6, 2020.
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 Numbe s :
GSW #4 Development, LLC 0141431-24
Attn: John M. Magness
901 Via Piemonte, Suite 175
Ontario, CA 91764
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 MARK "YES" OR "NO"
Shall the City Council of the City of San Bernardino be authorized WITH AN "X"-
to levy a special tax on an annual basis at the rates and
apportioned as described in Exhibit B to the Resolution Declaring YES
its Intention to Annex territory to Community Facilities
District No. 2019-1 (Maintenance Services) adopted by the City
Council on April 1, 2020 (the "Resolution"), which is
incorporated herein by this reference, within the territory NO
identified on the map entitled "Annexation Map No. 2 of
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
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_.
GSW #4 Development, LLC,
a California limited liability company
By: John M. Magness
Executive Vice President
GSW #4 Development, LLC
Signature
Print Name
Title