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HomeMy WebLinkAboutItem No. 16 Second Reading and Adoption of Ordinance MC-1536 Consent Calendar City of San Bernardino Request for Council Action Date: May 20, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Kris Jensen, Director of Public Works Subject: Final Reading and Adoption of Ordinance MC-1536 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct the final reading and adoption of Ordinance MC-1536 amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2020/21 to pay the annual costs of the maintenance and servicing of street lights, traffic signals, parks, parkways, streets, roads, and open space, the operation and maintenance of storm drainage systems, a reserve fund for capital replacement, and administrative expenses with respect to the City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). Background On June 5, 2019, the Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance - set for July 17, 2019 for the issue of establishment of the community facilities district. On August 7, 2019, the Mayor and City Council adopted Ordinance MC-1522 levying special taxes to be collected during FY 2019/20 to pay annual costs of maintenance, service expenses with respect to Community Facilities District No. 2019-1. On April 1, 2020 the Mayor and City Council adopted Resolution No. 2020-57, a resolution of intention to annex property near Waterman and Orange Show Road (Attachment 2) into CFD 2019-1 as Annexation No. 2. On May 6, 2020 the Mayor City Council adopted Resolution No. 2020-57 amending Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 2) and held a special landowner election and canvassed the election. The Mayor and City Council then adopted Resolution No. 2020-90 declaring the results of the special landowner election and Introduced Ordinance MC- 1536 amending Ordinance MC-1522 and levying special taxes for Fiscal Year 2020/21, for first reading by title only and schedule for second reading and adoption on May 20, 2020. Page 1 6723 Discussion On May 6, 2020, Ordinance MC-1536 was introduced for first reading to the Mayor and City Council. The ordinance is now being returned to the Mayor and City Council for the final reading and adoption. The ordinance will become effective 30 days from the date of adoption. 2020-2025 Key Strategic Targets and Goals: Formation of this CFD is consistent with Key Target No 4a: Secure a long-term revenue source. Funding from district assessments will create sustainable financial support for ongoing maintenance of landscape and infrastructure associated with the district location. Fiscal Impact There is no fiscal impact associated with the recommended action of this item. All costs associated with annexing property into the District have been borne by the property owner. By annexing the subject property into the District, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD 2019- Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct the final reading and adoption of Ordinance MC-1536 amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2020/21 to pay the annual costs of the maintenance and servicing of street lights, traffic signals, parks, parkways, streets, roads, and open space, the operation and maintenance of storm drainage systems, a reserve fund for capital replacement, and administrative expenses with respect to the City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). Attachments Attachment 1 Ordinance MC- 1536 (Ordinance Levying Special Taxes) Attachment 2 Project Location Map Ward: All Synopsis of Previous Council Actions: June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the - July 17, 2019 Mayor and City Council adopted Resolution No. 2019-178 establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 declaring election results for Community Facilities District No. 2019-1; and conducted the first reading of Ordinance MC-1522 levying special taxes to be collected during FY 2019-20 to Page 2 6723 pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019 Mayor and City Council conducted the final reading of Ordinance MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. April 1, 2020 Mayor and City Council adopted Resolution No. 2020-57, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San - May 6, 2020 Mayor and City Council adopted Resolution No. 2020-89 calling an election to submit to the qualified electors the question of levying a special tax within the are proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No. 2), and adopted Resolution No. 2020-90 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 2); and introduced Ordinance No. MC-1536 amending Ordinance MC-1522. Page 3 Ordinance No. MC-1536 ORDINANCE NO. MC-1536 AN ORDINANCE AMENDING ORDINANCE NO. MC-1522 AND LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2020-2021 TO PAY THE ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF LANDSCAPING, LIGHTING, WATER QUALITY IMPROVEMENTS, GRAFFITI, STREETS, STREET SWEEPING, PARKS AND TRAIL MAINTENANCE, A RESERVE FUND FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) WHEREAS, the Mayor and City Council of the City of San Bernardino has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on May 6, 2020, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing 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" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on the proposition of levying a special tax, and establishing an appropriations limit within the District; and Ordinance No. MC-1536 WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof. SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2020-2021, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto, and in the amount set forth for each such parcel in said Exhibit "B." Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes. SECTION 3. Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. SECTION 4. Authorization to Publish Ordinance. The Mayor shall sign this ordinance and the City Clerk shall attest thereto and shall, within fifteen days of its adoption, cause it or a summary of it to be published in a newspaper circulated in the City of San Bernardino. SECTION 5. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 6. Effective Date. This ordinance shall become effective 30 days following its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of May, 2020. Ordinance No. MC-1536 ___________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, Acting City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney Ordinance No. MC-1536 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 Ordinance No. MC-1536, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 6th day of May, 2020. Ordinance No. MC-1536 was approved, passed and adopted at a regular meeting held the 20th day of May, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of May, 2020. ______________________________ Genoveva Rocha, CMC, Acting City Clerk