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HomeMy WebLinkAboutRES 2022-161 Acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services), annexing territory to Community Facilities district No. 2018-1 (Safety Services) Annex. 5Resolution No. 2022-161 RESOLUTION NO.2022-161 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES), ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES), AND CALLING ELECTIONS THEREIN WHEREAS, on August 15, 2018, the Mayor and City Council (the "City Council") of the City of San Bernardino adopted Resolution No. 2018-239, declaring its intention to establish Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services) ("Community Facilities District No. 2018-1" or the "District") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the "Act"); and WHEREAS, after a duly noticed public hearing, the Mayor and City Council adopted Resolution No. 2018-264 (the "Resolution of Formation") establishing Community Facilities District No. 2018-1 and calling a special election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of the special tax, as set forth in Attachment "D" attached to the Resolution No. 2018-239 (the "Original Rate and Method"), and (ii) the establishment of an appropriations limit for Community Facilities District No. 2018-1; and WHEREAS, pursuant to a petition signed by RGC Family Trust (the "Owner"), on June 15, 2022, the Mayor and City Council adopted Resolution No. 2022-124 (the "Resolution of Intention"), stating its intention to annex the territory described in Attachment "A" to the Resolution of Intention (the "Annexation Territory") to the District; and WHEREAS, a notice of a public hearing to be held on August 3, 2022 was published and mailed to all landowners of the land proposed to be included within the Annexation Territory as required by law relative to the intention of the Mayor and City Council to annex the Annexation Territory to the District and to levy a special tax in accordance with the Rate and Method (as defined below); and WHEREAS, on August 3, 2022, this Mayor and City Council held a noticed public hearing as required by law relative to the proposed annexation of the Annexation Territory, the levy of special taxes therein in accordance with the attached as Attachment "C" to the Resolution of Intention (the "Rate and Method"), which Rate and Method is identical to the Original Rate and Method in all respects except that Appendix A thereto has been updated in accordance with the terms of the Original Rate and Method to reflect the annexation described herein; and WHEREAS, at the August 3, 2022 public hearing all persons desiring to be heard on all matters pertaining to the proposed annexation of the Annexation Territory to the District and the Resolution No. 2022-161 August 3, 2022 Page 1 of 6 Resolution No. 2022-161 levy of the special taxes within the Annexation Territory in accordance with the Rate and Method were heard and a full and fair hearing was held; and WHEREAS, at the public hearing, evidence was presented to the Mayor and City Council on the matters before it, and the proposed annexation of the Annexation Territory to the District and the levy of special taxes within the Annexation Territory in accordance with the Rate and Method was not precluded by a majority protest of the type described in Section 53339.6 of the Act, and this Mayor and City Council at the conclusion of the hearing is fully advised as to all matters relating to the annexation of the Annexation Territory and the levy of the special taxes in accordance with the Rate and Method; and WHEREAS, the Mayor and City Council has determined that there have been fewer than twelve registered voters residing in the Annexation Territory for the period of 90 days prior to August 3, 2022 and that the qualified electors in Annexation Territory are the landowners therein; and WHEREAS, on the basis of all of the foregoing, the Mayor and City Council has determined at this time to proceed with the annexation of the Annexation Territory to the District and to call an election within the Annexation Territory to authorize the levy of special taxes pursuant to the Rate and Method; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Each of the above recitals is true and correct. SECTION 2. The Mayor and City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the District and the proposed annexation of the Annexation Territory to the District were valid and in conformity with the requirements of law, including the Act. SECTION 3. The map showing the original boundaries of the District designated as "Map of Proposed Boundaries of Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services)," which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor -County Clerk -Recorder's office of the County of San Bernardino in Book No. 87 Page No. 96, on August 16, 2018 as Instrument No. 2018-0300849. The map showing the Annexation Territory proposed to be annexed to the District and be made subject to taxation are as shown which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor -County Clerk -Recorder's office of the County of San Bernardino in Book No. 90 Page No. 37, on June 21, 2022 as Instrument No. 2022-0219974. Resolution No. 2022-161 August 3, 2022 Page 2 of 6 Resolution No. 2022-161 SECTION 4. The Mayor and City Council hereby adopts the Rate and Method attached as Attachment "C" to the Resolution of Intention as the applicable rate and method for the Annexation Territory. Except where funds are otherwise available, it is the intention of the Mayor and City Council, subject to the approval of the eligible voters within the Annexation Territory, to levy the proposed special taxes at the rates within the Annexation Territory set forth in the Rate and Method on all non-exempt property within the Annexation Territory sufficient to pay for (i) the Services (as defined in the Rate and Method), (ii) fund an operating reserve for the costs of Services as determined by the City, and (v) Administrative Expenses (as defined in the Rate and Method). The District expects to incur, and in certain cases has already incurred, Administrative Expenses in connection with the annexation of the Annexation Territory to the District. The rate and method of apportionment of the special tax applicable to the Annexation Territory is described in detail in Attachment "C" to the Resolution of Intention which is incorporated herein by this reference, and the Mayor and City Council hereby finds that Attachment "C" to the Resolution of Intention contains sufficient detail to allow each landowner within the Annexation Territory to estimate the maximum amount that may be levied against each parcel. The special tax is apportioned to each parcel on the foregoing bases pursuant to Section 53325.3 of the Act and such special tax is not on or based upon the ownership of real property. SECTION 5. The City's City Manager will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of special tax levy obligations by assessor's parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act. The special tax may be levied for such period as the Services are needed, as further described in Attachment `B" to the Resolution of Intention. SECTION 6. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Annexation Territory and this lien shall continue in force and effect until the levy of the special tax by the District ceases in accordance with the Rate and Method. SECTION 7. Consistent with Section 53325.6 of the Act, the Mayor and City Council finds and determines that the land within the Annexation Territory, if any, devoted primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products is contiguous to other land within the Annexation Territory and will be benefited by the Services proposed to be provided within Community Facilities District No. 2018-1 and the Annexation Territory. SECTION 8. It is hereby further determined that there is no ad valorem property tax currently being levied on property within the Annexation Territory for the exclusive purpose of paying for the same services as are proposed to be provided by Community Facilities District No. 2018-1. SECTION 9. Written protests against the annexation of the Annexation Territory to the District and the levy of the special tax therein have not been filed by one-half or more of the registered voters within the boundaries of the Annexation Territory to the District or by the property owners of one-half or more of the area of land within the boundaries of the Annexation Territory. The Mayor and City Council hereby finds that the proposed special tax for the Resolution No. 2022-161 August 3, 2022 Page 3 of 6 Resolution No. 2022-161 Annexation Territory has not been precluded by a majority protest pursuant to Section 53324 of the Act. SECTION 10. An election is hereby called for the Annexation Territory on the propositions of annexation to the District and the levying the special tax on the property within such Annexation Territory, pursuant to Section 53339.7 of the Act. The propositions to be placed on the ballot for the Annexation Territory are attached hereto as Attachment "A." SECTION 11. The date of the foregoing elections for each Proposed Annexation Territory shall be August 3, 2022, or such later date as is consented to by the City Clerk and the landowners within the Annexation Territory. The City Clerk shall conduct the elections. Except as otherwise provided by the Act, the elections shall be conducted by personally delivered or mailed ballot and, except as otherwise provided by the Act, the elections shall be conducted in accordance with the provisions of law regulating elections of the City insofar as such provisions are determined by the City Clerk to be applicable. SECTION 12. It is hereby found that there are not more than twelve registered voters within the territory of the Annexation Territory, and, pursuant to Section 53339.7 of the Act, each landowner who is the owner of record on the date hereof, or the authorized representative thereof, shall have one vote for each acre or portion thereof that he or she owns within the Annexation Territory. SECTION 13. That the Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 14. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 15. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of August 2022. John Valdivia, Mayor City of San Bernardino Resolution No. 2022-161 August 3, 2022 Page 4 of 6 Resolution No. 2022-161 Attest: PP (). Genoveva Rocha, tMC, City Clerk Approved as to form: onia Carvalho, City Attorney Resolution No. 2022-161 August 3, 2022 Page 5 of 6 Resolution No. 2022-161 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-161, adopted at a regular meeting held on the 3`d day of August 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ X IBARRA X FIGUEROA X SHORETT X REYNOSO X CALVIN X ALEXANDER X WITNESS my hand and official seal of the City of San Bernardino this 4 h day of August 2022. 4�'•G(elnoveva�Roc 9a, CMC, City Clerk Resolution No. 2022-161 August 3, 2022 Page 6 of 6 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFOWRIVE®rGITY CLEWr COMMUNITY FACILITIES DISTRICT NO.2018-1 (SAFETY SERVICES, ANNEXATION NO. 5 2922 JUL [ 8 PM 2: 00 (August 3, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2018-1 (Safety Services) ("CFD No. 2018-1") of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes RGC Family Trust 1.05 2 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. 2018-1, 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 20 2022, 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 August 3, 2022, 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 August 3, 2022. Very t ly yours, Genoveva Rocha, CMC, City Clerk TO CAST THIS BALLOT PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: f Assessor's Parcel NUM RGC Family Trust Attn: Roger Chi 117 W. Las Flores Ave. Arcadia, CA 91007 0142-325-04 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT PROPOSITION A Shall the territory described in Attachment "A" o Resolution No. 2022- of the Mayor and Cit PROPOSITION B y MARK "YES" OR "NO" WITH AN "X": Shall a special tax with a rate and method of I YES X apportionment as provided in Attachment "C" to Resolution No. 2022- of the Mayor and City NO Council of the City of San Bernardino be levied to pay for the Services and other purposes described in Resolution No. 2018-264? Certification for S ecial 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 iTig _, 20 Z� RGC Family Trust By: Roger Chi Owner �f Signature Print Name Title 00 q WJ a - UK 313 X,13_©M13011'