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HomeMy WebLinkAboutRES 2022-214 Calling a Special Election and Submitting to the Voters of CFD No. 2022-2 (Palm)Resolution No. 2022-214 RESOLUTION NO.2022-214 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF COMMUNITY FACILITIES DISTRICT NO. 2022-2 (PALM) OF THE CITY OF SAN BERNARDINO PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT TO PAY PRINCIPAL OF AND INTEREST ON BONDS THEREOF AND TO PAY THE COSTS OF PUBLIC FACILITIES AND ESTABLISHING AN APPROPRIATIONS LIMIT THEREFOR WHEREAS, pursuant to Section 53325.1 of the California Government Code, the City Council (the "City Council") of the City of San Bernardino (the "City") has adopted the resolution of formation of Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California ("CFD No. 2022-2"), establishing the Community Facilities District and the boundaries thereof (the "Resolution of Formation'); and WHEREAS, pursuant to Section 53351 of the California Government Code, the City Council has also adopted a resolution determining that it is necessary that CFD No. 2022-2 incur a bonded indebtedness for the purpose of financing certain public facilities; and WHEREAS, by that resolution, the City Council called a special election on the proposition to be submitted to the voters with respect to CFD No. 2022-2 incurring a bonded indebtedness for the purpose of financing such public facilities; and WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary that the City Council also submit to the voters of CFD No. 2022-2 the proposition relating to the annual levy of special taxes on taxable property within CFD No. 2022-2 to pay the principal of and interest on the bonds thereof, if such bonds are authorized and issued; and WHEREAS, pursuant to Section 53325.7 of the California Government Code, the City Council may also submit to the voters of CFD No. 2022-2 a proposition with respect to establishing an appropriations limit for CFD No. 2022-2; and WHEREAS, the City Clerk (the "City Clerk") has advised the City Council that she has received a statement from the Registrar of Voters of the County of San Bernardino that there are no persons registered to vote in the territory of CFD No. 2022-2. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory of CFD No. 2022-2 for each of the 90 days preceding the close of the public hearing on October 5, 2022; (iii) pursuant to Resolution No. 2022-214 October 5, 2022 Page 1 of 8 Resolution No. 2022-214 Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of CFD No. 2022-2 whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within CFD No. 2022-2 which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) the owners of all of the property in CFD No. 2022-2 have by written consent (a) waived the time limits set forth in Section 53326 of the California Government Code for holding the election called by this resolution and the election on the proposition of CFD No. 2022-2 incurring bonded indebtedness, which pursuant to Section 4 hereof is consolidated with the election called hereby, (b) consented to the holding of the consolidated special elections on October 5, 2022, (c) waived notice and mailed notice of the time and date of the consolidated special elections, and (d) waived an impartial analysis of the ballot propositions pursuant to Section 9313 or 13119 of the California Elections Code and arguments and rebuttals pursuant to Sections 9314 to 9317, inclusive, mailing of a statement pursuant to Section 9401 of that Code and receipt of a ballot pamphlet as required by Section 3023 of that Code; and (v) the City Clerk has consented to the holding of the consolidated special elections on October 5, 2022. SECTION 2. Call of Election. The City Council hereby calls and schedules special elections for October 5, 2022, within and for CFD No. 2022-2 on (i) the proposition with respect to the annual levy of special taxes on taxable property within CFD No. 2022-2 for the payment of principal of and interest on the bonds of CFD No. 2022-2, which may be issued and sold to finance certain public facilities, and (ii) the proposition with respect to establishing an appropriations limit for CFD No. 2022-2. SECTION 3. Propositions. The propositions to be submitted to the voters of CFD No. 2022-2 at such special election shall be as follows: First Proposition: Shall Proposition A authorizing the levy of special taxes annually on taxable property within CFD No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California, to pay the principal of and interest on the bonds of the community facilities district which may be issued and sold for the purposes specified in the Resolution of Formation adopted by the City Council of the City of San Bernardino on October 5, 2022 (the "Resolution of Formation"), to replenish the reserve fund for the bonds, or to accumulate funds for future bond payments, including any amount required by federal law to be rebated to the United States with regard to the bonds, and to pay expenses incidental thereto, and to the levy and collection of the special tax, so long as the special tax is needed to pay the principal of and interest on the bonds and for such other purposes, at the special tax rates and pursuant to the method of apportioning the special tax set forth in Exhibit "A" to the Resolution of Formation adopted by the City Council of the City of San Bernardino on October 5, 2022 be approved? Third Proposition: Shall Proposition C authorizing an annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, in the amount of $4,000,000 be approved? Resolution No. 2022-214 October 5, 2022 Page 2 of 8 Resolution No. 2022-214 SECTION 4. Consolidation of Elections. The special election called hereby on the propositions to be submitted to the voters of CFD No. 2022-2, as set forth in Section 3 hereof, shall be consolidated with the special election on the proposition of CFD No. 2022-2 incurring bonded indebtedness. The ballot for said consolidated elections shall be in the form attached hereto as Exhibit A. SECTION 5. Conduct of Election. Except as otherwise provided in Section 6 hereof, the consolidated special elections shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable. SECTION 6. Election Procedures. The procedures to be followed in conducting the consolidated special elections on (i) the proposition with respect to CFD No. 2022-2 incurring a bonded indebtedness, (ii) the proposition with respect to the levy of special taxes on taxable property within CFD No. 2022-2 to pay the principal of and interest on the bonds of CFD No. 2022-2, and (iii) the proposition with respect to establishing an appropriations limit for CFD No. 2022-2 in the amount of $4,000,000 (the "Consolidated Special Elections") shall be as follows: (a) Pursuant to Section 53326 of the California Government Code, ballots for the Consolidated Special Elections shall be distributed to the qualified electors by the City Clerk by mail or personal service. (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in the form attached hereto as Exhibit "A," and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots and a copy of the Resolution of Formation adopted by the City Council of the City of San Bernardino on October 5, 2022. (c) The official ballot to be mailed or delivered by the City Clerk to each landowner - voter shall have printed or typed thereon the name of the landowner -voter and the number of votes to be voted by the landowner -voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner -voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner -voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner -voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner -voter, to vote all votes to which the landowner -voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner -voter's land ownership within CFD No. 2022-2. Resolution No. 2022-214 October 5, 2022 Page 3 of 8 Resolution No. 2022-214 (d) The return identification envelope to be mailed or delivered by the City Clerk to each landowner -voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner -voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 7:00 p.m. on the date of the Consolidated Special Elections; provided that if all qualified electors have voted, the elections shall be closed with the concurrence of the City Clerk. (f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the elections, the City Clerk shall canvass the votes cast in the Consolidated Special Elections, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot. SECTION 7. Accountability Measures. Pursuant to Section 53410 of the California Government Code, if the voters approve the proposition contained in the official ballot for the Consolidated Special Elections with respect to CFD No. 2022-2 incurring bonded indebtedness for the purposes for which such indebtedness is to be incurred (the "Bond Proposition") and bonds of CFD No. 2022-2 are to be issued, the incurring of such bonded indebtedness and the issuance of bonds of CFD No. 2022-2 shall be subject to the following accountability measures: (a) The Bond Proposition shall identify the specific purposes for which the bonds are to be issued; (b) The proceeds of the bonds shall be applied only for the specific purposes identified in the Bond Proposition; (c) An account or accounts shall be created pursuant to the fiscal agent agreement for such bonds into which the proceeds of the sale of such bonds shall be deposited; and (d) The City Manager of the City or his designee, shall file a report with the City Council which shall contain the information required by Section 53411 of the California Government Code. The City Council finds that the Bond Proposition which is set forth in the official ballot for the consolidated special elections, which is attached as Exhibit "A" hereto, identifies the specific purposes for which CFD No. 2022-2 will incur bonded indebtedness and issue bonds. Resolution No. 2022-214 October 5, 2022 Page 4 of 8 Resolution No. 2022-214 SECTION 8. CEQA. The 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 9. 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 10. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the ( by the City Clerk this 5th day of October, 2022 Attest: tenoveva Rocha, City Clerk A9084.', Aff(D A aS' lu tPfPA Sonia R. Carvalho, City Attorney Resolution No. 2022-214 October 5, 2022 Page 5 of 8 icil and signed by the Mayor and attested John Valdivia, Mayor City of San Bernardino Resolution No. 2022-214 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-214, adopted at a regular meeting held on the 51" day of October, 2022 by the following vote: Council Members: AYES SANCHEZ X IBARRA X FIGUEROA X SHORETT X REYNOSO CALVIN X ALEXANDER X NAYS ABSTAIN ABSENT M WI S my hand and offi •ial seal of the City of San Bernardino this 6th day of October, 2022. Genoveva Rocha, City Clerk Resolution No. 2022-214 October 5, 2022 Page 6 of 8 OFFICIAL BALLOT CONSOLIDATED SPECIAL ELECTIONS FOR COMMUNITY FACILITIES DISTRICT NO. 2022-2 (PALM) OF THE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA October 5, 2022 To vote, mark a cross (+ or x) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain another. PROPOSITION A: Shall Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California, subject to accountability measures required pursuant to Government Code Section 50075.1 levy a special tax annually on taxable property within Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California, to pay the principal of and interest on the bonds of the community facilities district which may be issued and sold for the purposes specified in the Resolution of Formation adopted by the City Council of the City of San Bernardino on October 5, 2022 (the "Resolution of Formation"), to replenish the reserve fund for the bonds, or to accumulate funds for future bond payments, including any amount required by federal law to be rebated to the United States with regard to the bonds, and to pay expenses incidental thereto, and to the levy and collection of the special tax, so long as the special tax is needed to pay the principal of and interest on the bonds and for such other purposes, at the special tax rates and pursuant to the method of apportioning the special tax set forth in Exhibit A to the Resolution of Formation adopted by the City Council of the City of San Bernardino on October 5, 2022? Pacific West Company 6.599 acres - 7 votes Page l of 3 5 5 600.00923 \40397420.1 PROPOSITION B: Shall Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California, subject to accountability measures required pursuant to Government Code Sections 53410 and 53411, YES i< incur a bonded indebtedness for Community Facilities District No. 2022-2 (Palm) in an amount not to exceed $4,000,000 for the NO specific purposes set forth in the Resolution of Formation adopted by the City Council of the City of San Bernardino on October 5, 2022? PROPOSITION C: Shall Community Facilities District No. YES 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California establish an annual appropriations L NO limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, in the amount of $4,000,000? PROPOSITION A IS SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTION 50075 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. PROPOSITION B IS SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTIONS 53410 AND 53411 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. Pacific West Company 6.599 acres - 7 votes Page 2of3 5 5 600.00923140397420.1 CERTIFICATION I, Faye Lee, certify that I am the authorized representative of Pacific West Company, a California limited partnership, the owner of a portion of the property to be included within Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California (the "Owner"), and that I am authorized to vote the Official Ballot to which this certification is attached. I further certify that in voting said ballot it was my intent, as well as the intent of the Owner, to vote all votes to which the Owner is entitled on Propositions A, B, and C set forth in said ballot as marked in the voting square opposite each proposition. I further certify that the Owner owns approximately 6.599 acres of land within said community facilities district, and that in voting said ballot I intended to vote each vote to which such acreage would entitle the Owner in the manner marked on said ballot. Dated: October 5, 2022 PACIFIC WEST COMPANY, a California limited partnership By: — —=:Z450 &� Faye Lee, Ge eral Partner Page 3 of 3 5 5 600. 00923 \40397420.1 OFFICIAL BALLOT CONSOLIDATED SPECIAL ELECTIONS FOR COMMUNITY FACILITIES DISTRICT NO. 2022-2 (PALM) OF THE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA October 5, 2022 To vote, mark a cross (+ or x) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain another. PROPOSITION A: Shall Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California, subject to accountability measures required pursuant to Government Code Section 50075.1 levy a special tax annually on taxable property within Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California, to pay the principal of and interest on the bonds of the community facilities district which may be issued and sold for the purposes specified in the Resolution of Formation adopted by the City Council of the City of San Bernardino on October 5, 2022 (the "Resolution of Formation"), to replenish the reserve fund for the bonds, or to accumulate funds for future bond payments, including any amount required by federal law to be rebated to the United States with regard to the bonds, and to pay expenses incidental thereto, and to the levy and collection of the special tax, so long as the special tax is needed to pay the principal of and interest on the bonds and for such other purposes, at the special tax rates and pursuant to the method of apportioning the special tax set forth in Exhibit A to the Resolution of Formation adopted by the City Council of the City of San Bernardino on October 5, 2022? YES X, NO Hanhsing Li 3.412 acres - 4 votes Page 1 of 3 55600.00923W397866.1 PROPOSITION B: Shall Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California, subject to accountability measures required pursuant to Government Code Sections 53410 and 53411, YES X incur a bonded indebtedness for Community Facilities District No. 2022-2 (Palm) in an amount not to exceed $4,000,000 for the NO specific purposes set forth in the Resolution of Formation adopted by the City Council of the City of San Bernardino on October 5, 2022? PROPOSITION C: Shall Community Facilities District No. YES x 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California establish an annual appropriations NO limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, in the amount of $4,000,000? PROPOSITION A IS SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTION 50075 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. PROPOSITION B IS SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTIONS 53410 AND 53411 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. Hanhsing Li 3.412 acres - 4 votes Page 2 of 3 5 5 600.00923\40397866.1 CERTIFICATION I, Hanhsing Li, certify that I am the owner of a portion of the property to be included within Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California (the "Owner"), and that I am authorized to vote the Official Ballot to which this certification is attached. I further certify that in voting said ballot it was my intent to vote all votes to which I am entitled on Propositions A, B, and C set forth in said ballot as marked in the voting square opposite each proposition. I further certify that I own approximately 3.412 acres of land within said community facilities district, and that in voting said ballot I intended to vote each vote to which such acreage would entitle me in the manner marked on said ballot. Dated: October 5, 2022 HANHSING LI, an unmarried man By: , Hanhsing L 5 5600.00923\40397 866.1 Page 3 of 3 OFFICIAL BALLOT CONSOLIDATED SPECIAL ELECTIONS FOR COMMUNITY FACILITIES DISTRICT NO. 2022-2 (PALM) OF THE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA October 5, 2022 To vote, mark a cross (+ or x) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain another. PROPOSITION A: Shall Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California, subject to accountability measures required pursuant to Government Code Section 50075.1 levy a special tax annually on taxable property within Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California, to pay the principal of and interest on the bonds of the community facilities district which may be issued and sold for the purposes specified in the Resolution of Formation adopted by the City Council of the City of San Bernardino on October 5, 2022 (the "Resolution of Formation"), to replenish the reserve fund for the bonds, or to accumulate funds for future bond payments, including any amount required by federal law to be rebated to the United States with regard to the bonds, and to pay expenses incidental thereto, and to the levy and collection of the special tax, so long as the special tax is needed to pay the principal of and interest on the bonds and for such other purposes, at the special tax rates and pursuant to the method of apportioning the special tax set forth in Exhibit A to the Resolution of Formation adopted by the City Council of the City of San Bernardino on October 5, 2022? YES NO Chenmei Cheng 4.265 acres - 5 votes Page 1 of 3 5 5600.00923\403 97811.1 PROPOSITION B: Shall Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California, subject to accountability measures required pursuant to Government Code Sections 53410 and 53411, YES iC incur a bonded indebtedness for Community Facilities District No. 2022-2 (Palm) in an amount not to exceed $4,000,000 for the NO specific purposes set forth in the Resolution of Formation adopted by the City Council of the City of San Bernardino on October 5, 2022? PROPOSITION C: Shall Community Facilities District No. YES iC 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California establish an annual appropriations NO limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, in the amount of $4,000,000? PROPOSITION A IS SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTION 50075 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. PROPOSITION B IS SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTIONS 53410 AND 53411 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. 5 5600.00923\40397811.1 Chenmei Cheng 4.265 acres - 5 votes Page 2 of 3 CERTIFICATION I, Chenmei Cheng, certify that I am the owner of a portion of the property to be included within Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California (the "Owner"), and that I am authorized to vote the Official Ballot to which this certification is attached. I further certify that in voting said ballot it was my intent to vote all votes to which I am entitled on Propositions A, B, and C set forth in said ballot as marked in the voting square opposite each proposition. I further certify that I own approximately 4.265 acres of land within said community facilities district, and that in voting said ballot I intended to vote each vote to which such acreage would entitle me in the manner marked on said ballot. Dated: October 5, 2022 CHENMEI CHENG, as surviving joint tenant By: -Mu� Chenmei Cheng CJ Page 3 of 3 55600.00923\40397811.1 FFICIAL BALLOT CONSOLIDATED SPECIAL ELECTIONS FOR COMMUNITY FACILITIES DISTRICT NO. 2022-2 (PALM) OF THE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA October 5, 2022 To vote, mark a cross (+ or x) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain another. PROPOSITION A: Shall Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California, subject to accountability measures required pursuant to Government Code Section 50075.1 levy a special tax annually on taxable property within Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California, to pay the principal of and interest on the bonds of the community facilities district which may be issued and sold for the purposes specified in the Resolution of Formation adopted by the City Council of the City of San Bernardino on October 5, 2022 (the "Resolution of Formation"), to replenish the reserve fund for the bonds, or to accumulate funds for future bond payments, including any amount required by federal law to be rebated to the United States with regard to the bonds, and to pay expenses incidental thereto, and to the levy and collection of the special tax, so long as the special tax is needed to pay the principal of and interest on the bonds and for such other purposes, at the special tax rates and pursuant to the method of apportioning the special tax set forth in Exhibit A to the Resolution of Formation adopted by the City Council of the City of San Bernardino on October 5, 2022? YES )C NO Ann C. Lau 0.853 acres - 1 vote Page 1 of 3 55600.00923\40397847. 1 PROPOSITION B: Shall Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California, subject to accountability measures required pursuant to Government Code Sections 53410 and 53411, YES X incur a bonded indebtedness for Community Facilities District No. 2022-2 (Palm) in an amount not to exceed $4,000,000 for the NO specific purposes set forth in the Resolution of Formation adopted by the City Council of the City of San Bernardino on October 5, 2022? PROPOSITION C: Shall Community Facilities District No. YES 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California establish an annual appropriations NO limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, in the amount of $4,000,000? PROPOSITION A IS SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTION 50075 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. PROPOSITION B IS SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTIONS 53410 AND 53411 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. Ann C. Lau 0.853 acres - 1 vote Page 2 of 3 5 5600.00923\40397847.1 CERTIFICATION I, Ann C. Lau, certify that 1 am the owner of a portion of the property to be included within Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California (the "Owner"), and that I am authorized to 'Vote the Official Ballot to which this certification is attached. I further certify that in voting said ballot it was my intent to vote all votes to which I am entitled on Propositions A, B, and C set forth in said ballot as marked in the voting square opposite each proposition. I further certify that I own approximately 0.853 acres of land within said community facilities district, and that in voting said ballot I intended to vote each vote to which such acreage would entitle me in the manner marked on said ballot. Dated: October 5, 2022 ANN C. LAU, a married woman as her sole and separate property Ann C. Lau 55600.00923 \40397847.1 Page 3 of 3