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HomeMy WebLinkAbout21-City Administrator CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: Fred Wilson, City Administrator Subject: Resolution of the Mayor and Common Council of the City of San Dept: City Administrator Date: Apri12, 2004 QRIGINAL Meeting Date - 04/19/2004 Bernardino Declaring Intention to Establish a Community Facilities District for New Development for the Ongoing Operation and Maintenance of a Fire Station for the Verdemont Area and to Levy a Special Tax within Said Community Facilities District, Setting a Public Hearing Thereon and Authorizing the Publication and Mailing of Notice Thereof (Community Facilities District No. 1033) Synopsis of Previous Council Action: 09/02/03 -Mayor and Common Council authorized staff to proceed with preparation of documents and appropriate Municipal Code amendments to impose a special tax district for the operation and maintenance of the proposed Verdemont Fire Stanton on new development only. 12/ 15/03 -Resolution was approved by of the Mayor and Common Council of the City of San Bernadino declaring the intention to establish a community facilities district for the ongoing operation and maintenance of a fire station for the Verdemont area. Recommended motion: Adopt Resolution. Signature Contact person: Teri Baker Phone: 5122 Supporting data attached: staff Report, Resolution Ward: 5 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) (Acct. Description) Council Notes: Finance: Agenda Item No. ~t CITY OF SAN BERNARDINO - FOUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolution of the Mayor and Common Council of the City of San Bernazdino Declaring Intention to Establish a Community Facilities District for New Development for the Ongoing Operation and Maintenance of a Fire Station for the Verdemont Area and to Levy a Special Tax within Said Community Facilities District, Setting a Public Hearing Thereon and Authorizing the Publication and Mailing of Notice Thereof (Community Facilities District No. 1033) Backeround• On December 15, 2003, the Mayor and Common Council authorized the initiation of the first steps in the process for the formation of a Community Facilities District for the payment of a portion of the operations and maintenance costs of the Verdemont Fire Station. In light of the recent fires which ravished the City, especially in this azea, providing a fire station within the Verdemont Area (i.e., "Verdemont Fire Station Services Area") is pazamount to the health and safety of the citizens. Attached for consideration is a Resolution of Intention for the formal initiation of the Community Facilities District formation process. The Resolution of Intention among other things also calls for a public hearing on the formation of the Community Facilities District, set for the June 7, 2004 meeting of the Mayor and Common Council, and directing that notice of the hearing be given to the public. The Community Facilities District is the preferred method for funding a portion of the operations and maintenance expenses of a fire station to serve the Verdemont Fire Station Services Area. Pursuant to the California Enviromnental Quality Act, Public Resources Code Section 21000 et. seq., an adverse fiscal impact can create a significant environmental impact which the City has the right to mitigate prior to approving any development. The significant adverse impact may be mitigated by the payment of a "mitigation fee" (i.e. the In-Lieu Fee described in the Resolution). Government Code Section 66474 (e) states "A legislative body of a city or county shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it makes any of the following findings...(e) That the design of the subdivision or the proposed improvements aze likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat." Therefore, the approval of a tentative map or pazcel map within the Verdemont Fire Station Area maybe withheld until the significant impact is mitigated by the Developer either including the subdivision into the Community Facilities District or paying the mitigation fee (i.e. the In-Lieu Fee). Each developer of a new project in the Verdemont Fire Station Service Area will have the ability to either to elect to be included in the Community Facilities District or pay the In- Lieu Fee. It is estimated that the upfront mitigation fee would be equal to $6,349.88 for each new residential dwelling unit and $44,358.47 per acre for each new industrial, commercial and retail project within the Verdemont Fire Station Service Area. 4836-5910-9120.1 CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT Both the Community Facilities District Special Tax and the In-Lieu Fee for the Verdemont Fire Station operations and maintenance would only apply to newly developed projects in the Verdemont Fire Station Service Area and not to any existing development. N~scal Imaact: It has been assumed that the City will be required to pay a substantial portion of the operating expenses for the Verdemont Fire Station until such time as a significant amount of new development has occurred in the Verdemont Fire Station Service Area. It is possible that upon full build-out of the Verdemont Fire Station Service Area perhaps upwards of 30% to 50% of the annual operating and maintenance costs of the Verdemont Fire Station would be paid through the Community Facilities District Special Tax or the Verdemont Fire Station In-Lieu Fee, with the City General Fund paying the remaining operations and maintenance expenses annually. Recommendation: Adopt Resolution. 4836.5910-9120.1 C° cc(( p~ 1 RESOLUT)Dq 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR 4 THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN 5 SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING 6 THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033), AND ~ REPEALING RESOLUTION N0.2003-361. 8 WHEREAS, the City of San Bemazdino, California (the "City"), is a municipal corporation and charter city, duly organized and existing pursuant to the provisions of 9 the Constitution of the State of Califomia; and 10 WHEREAS, currently azeas within the Verdemont Area of the City it ("Verdemont Area"), generally within the City boundaries located north and northwesterly of University Pazkway to the Devore Road exit on the I-215 Freeway, are 12 not provided with adequate fire and safety protection in light of the recent fires which ravished the City, and new development within the City will cause substantial 13 environmental impacts; and 14 WI-IEREAS, it is in the best interest of the City to provide additional fire and 15 safety protection prior to any new development as well as provide for a guazanteed means to pay for such ongoing protection; and 16 WHEREAS, on December 15, 2003, the City approved Resolution No. 2003- 17 361, which authorized the initiation of proceedings for the formation of a community 18 facilities district for the ongoing operation and maintenance of a fire station to serve future development within the City; and 19 WHEREAS, in the public interest, convenience and necessity it is the intention 20 of the Mayor and Common Council to order the establishment of a community facilities 21 district pursuant to the terms and provisions of Califomia Govemment Code Section 53311 et seq., sometimes commonly refereed to as the "Mello-Roos Community ~ Facilities District Act" (the "Act"), which community facilities district shall be known as Community Facilities District No. 1033, City of San Bernardino, California ("CFD 'J~ No. 1033"), and to levy and collect assessments on new development within CFD No. 1033; and 24 ,~ WHEREAS, in compliance with Public Resources Code Section 21000 et. seq., the Califomia Environmental Quality Act ("CEQA"), the City may mitigate such 26 significant adverse economic impacts, including the continuing maintenance and operation of a fire station within CFD No. 1033, by requiring developers to pay a 27 mitigation fee; and ~ p 28 ~~' °~ ~l~q/oy A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A 1 COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION 2 FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN 3 SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF 4 NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033) 5 WHEREAS, prior to the approval of any certificate of occupancy for such new development, the City may require such future development within the City to mitigate 6 such substantial environmental impacts pursuant to Government Code Section 7 66474(e); and WHEREAS, the City has considered and adopted local goals and policies g relative to the use of community facilities districts in accordance with Section 53312.7 the Act, and such goals and policies aze on file with and available from the City Clerk; 9 and 10 WHEREAS, proposed CFD No. 1033 anticipates that only properties with new 11 development shall be eligible for inclusion within CFD No. 1033 which are located within the Verdemont Area, and including such other properties with new development 12 that aze anticipated to be annexed into the City at a later date, in addition to those precise properties intended to be included within the initial formation of CFD No. 1033 13 for which a diagram is attached hereto as Exhibit "A", where such diagram sets forth 14 the precise exterior boundaries of the initial scope of CFD No. 1033; and 15 WHEREAS, the Verdemont Fire Station shall be located at the intersection of Kendall Drive and Palm Avenue and is presently intended to be constmcted with the 16 .proceeds of a State of California Infrastmcture Bank financing in the principal amount in excess of $2,000,000 to be repaid from funds collected upon payment of the 17 Verdemont Area Infrastmcture Fee by new development within the Verdemont Area 18 pursuant to Municipal Code Section 15.73, et seq., and from other funds of the City to the extent necessary, and such Verdemont Fire Station will be operated and maintained 19 to service the fire and safety needs of properties both within the Verdemont Area of the City and CFD No. 1033; and 20 21 WHEREAS, the new development that is anticipated to occur in the Verdemont Area has created the need for the construction of the Verdemont Fire Station to allow ~ for the continued development within the Verdemont Area and to meet the additional service demands that will be placed upon the City to provide a continued fire protection 23 service within the Verdemont Area as such new development continues to occur in azeas northerly of existing fire station service azeas, and that such new development in 24 the Verdemont Area, and not existing development, shall be required to pay for the ~ costs of the operations and maintenance of the Verdemont Fire Station; and 26 WHEREAS, the proposed assessment or special tax (the "Tax") shall be used and applied for the continued operation and maintenance of the Verdemont Fire Station, 27 including but not limited to payment of compensation of employees, including salaries and benefits, maintenance and operation of fire safety vehicles and the fire station 28 aszt-zboz-zaoo.t 2 2 3 4 5 it 14 15 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO.1033) structures, any other expenses required to keep the such equipment and improvements in fit operating condition and any incidental expenses (collectively, the "O&M Expenses"); and WHEREAS, except to the extent funds are otherwise available to pay the entire amount of the O&M Expenses, the Tax shall be levied upon the properties within CFD No. 1033 not to exceed the annual maximum permitted amounts to pay a portion of the O&M Expenses as may be determined by the Mayor and Common Council, and such Tax will be secured by recordation of a continuing lien against those properties that aze voluntarily included in CFD No. 1033 by the applicable property owner as nonexempt real property in CFD No. 1033, which Tax will be annually levied solely within CFD No. 1033 boundaries as the same may exist from yeaz to yeaz; and WHEREAS, CFD No. 1033 shall be divided into zones depending upon the type of use of the land as may be recommended by the City Engineer in the Engineer's Report described herein; and WHEREAS, pursuant to the estimated project cost report as shall be made available from the City Engineer prior to the time of the formation of CFD No. 1033 setting forth projected costs, expenses and assessments for CFD No. 1033 for the initial year of operation of the Verdemont Fire Station (the "Estimated Cost Report"), it is presently estimated that the cost for the first yeaz of O&M Expenses is $1,525,000 and for which the Tax shall be assessed against all real property as may then be placed within the boundaries of CFD No. 1033 in the following manner: (a) Residential Zone: $350.00 per dwelling unit per year whether single family or multi-family unit and such rate shall be subject to an increase not to exceed 2% annually; 21 22 23 29 (b) Commercial, Retail, Office Zone: $2,445.00 per acre per yeaz of development azea as set forth in the site plan or pazcel map, and such rate shall be subject to an increase not to exceed 2% annually; (c) Industrial Zone: $2,445.00 per acre per year of development area as set forth in the site plan or pazcel map, and such rate shall be subject to an increase not to exceed 2% annually; and 'Lli WHEREAS, if during the first yeaz or any year thereafter the Tax generates C 27 sufficient funds to pay for the entire O&M Expenses and any portion of the O&M Expenses aze paid from sources other than the Taxes, the amount of such portion paid aszi-zaoz-zaoo.i 1 2 3 4 9 10 11 12 13 14 15 i6 211 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033) Expenses are paid from sources other than the Taxes, the amount of such portion paid from other sources of funds shall first be deducted from the total estimated O&M Expenses and the Tax as levied shall be reduced to include only the remainder of the O&M Expenses, as applicable; and WHEREAS, it is anticipated that the City General Fund will be required to subsidize a significant portion of the O&M Expenses of the Verdemont Fire Station as a result of the number of the existing dwelling units and other existing commercial and industrial development that will be served by the Verdemont Fire Station which properties will not be included in CFD No. 1033 and for which there is no effective means to collect the Tax from such properties that have previously been fully developed; and WHEREAS, in lieu of paying the Tax annually, a property owner seeking to develop a pazcel within CFD No. 1033 may pay a one time fee (the "In-Lieu Fee") which fee shall be deposited into an interest bearing reserve account for future O&M Expenses in the following amounts and for which a further explanation of the In-Lieu Fee will be described in the Estimated Cost Report: Residential Zone dwelling unit an In-Lieu Fee $6,349.88 per residential Commercial, Retail, Office Zone $44,358.47 per acre of development as set forth on a site plan of development as an In-Lieu Fee Industrial Zone $44,358.47 per acre of development as set forth on a site plan ofdevelopment as an In-Lieu Fee WHEREAS, the Tax and the In-Lieu Fee shall be recalculated annually to reflect (i) any changes in the O&M Expenses, (ii) the annexation of additional property into CFD No. 1033, (iii) the payment of the O&M Expenses, or any portion thereof, with funds other than the Tax, (iv) the amount of In-Lieu Fees available to be applied for the applicable property for which the calculation is being made, and (v) any other changes which may affect the estimated O&M Expenses for such year, except that in no event shall the In-Lieu Fee be increased by more than 2% per year nor shall the Tax be increased by more than 2% per yeaz, based upon a cost inflation formula to be computed in the Estimated Cost Report and the Engineer's Repor[ and made a part of the formation documents for CFD No. 1033, from the previous year for any property located within CFD No. 1033 that was previously assessed and chazged with the Tax in the immediately preceding yeaz; and 4821-2602-2400.1 4 0 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A 1 COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION 2 FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN 3 SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF 4 NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033) 5 WHEREAS, in no event shall the Tax be increased in excess of the annual 2% amount whether as a consequence of any delinquency or default by the owner of any 6 other pazcels within CFD No. 1033 or due to the application of a annual inflationary 7 cost adjustment formula; and 8 WHEREAS, in no event shall the Tax against any parcel be increased as a consequence of any delinquency or default by the owner of any other parcel or pazcels; g and 10 WHEREAS, upon adoption of this Resolution of Intention the Mayor and 11 Common Council shall direct the City Administrator and the City Engineer to cause to be prepared an Engineer's Report which shall include the following studies and 12 findings: 13 (a) complete a study of proposed CFD No. 1033 and for which there shall be filed an Engineer's Report with the Mayor and Common Council prior to the time of the 14 public hearing setting forth the findings made therein; 15 ~) the Engineer's Report shall include a brief description of the services and 16 maintenance of public facilities and the operating costs thereof which will be provided within CFD No. 1033 which shall be the estimated O&M Expenses and which will be 17 incurred as a result of providing the services which will, in the opinion of the City officials preparing such Engineer's Report, be required to adequately meet the needs of 18 CFD No. 1033 for the next five (5) years; 19 (c) the Engineer's Report shall include an estimate of the cost of providing 20 for the O&M Expenses for the first five (5) years for each zone within CFD No. 1033, including a brief explanation justifying the amount of the Tax for each zone type and 21 any increase or decrease thereof in subsequent years as well as the estimated In-Lieu ~ Fee that may be generated for each zone for all years evaluated in the Engineer's Report; and 23 WHEREAS, in the event a Resolution of Formation is adopted pursuant to the 24 procedures set forth in the Act, then not less than 90 days nor more than 180 days from the adoption of such Resolution of Formation, a special election of the qualified electors 25 of proposed CFD No. 1033 consisting of the vacant land intended to be initially placed 26 within CFD No. 1033 shall be held and the City Clerk shall prepaze and distribute ballots in accordance with Government Code Section 53326; and 27 28 aszt-zeoz-zaoo. i g O ~.r+ A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A 1 COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION 2 FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN 3 SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF 4 NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033) 5 WHEREAS, the Tax shall continue until the eazlier to occur of (i) the City records a Notice of Cessation of Special Tax pursuant to Section 53330.5 of the 6 Government Code or (ii) the fiscal tax year ending June 30, 2034, after which no further 7 Special Tax shall be collected, except for a Special Tax that was levied prior to the final tax yeaz that remains delinquent which may be collected in subsequent years. 8 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED 9 BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: 10 it Section 1. The above Recitals aze true and correct in all respects and aze incorporated herein by reference. 12 Section 2. The Mayor and Common Council hereby intend to establish a 13 community facilities district and to levy and collect special taxes within Community Facilities District No. 1033 in accordance with Government Code Section 53311, et 14 seq., which provides for the formation of a Mello-Ross community facilities district for 15 the maintenance and operation of the Verdemont Fire Station. 16 Section 3. Tn accordance with Government Code Section 53321 the name of the proposed community facilities district shall be known and designated as 17 "Community Facilities District No. 1033". 18 Section 4. It is the intention of the City Council to provide for the purchase, 19 construction, expansion or rehabilitation of certain real or other tangible property with an estimated useful life of five (5) years or longer, which is necessary to provide a 20 continued fire protection service within the Verdemont Area as new development continues to occur in azeas northerly of existing fire station service azeas, and that such 21 new development in the Verdemont Area, and not existing development, shall be ~ required to pay for the costs of the operations and maintenance of the Verdemont Fire Station. 23 Section 5. The Mayor and Common Council hereby find and determine that all 24 of the pazcels of land within the boundaries of proposed CFD No. 1033 will be benefited by the public facilities and services herein proposed. 25 26 Section 6. Notice is hereby given that, in the opinion of the Mayor and Common Council, the public interest will not be served by allowing the property 27 owners to enter into a contract for the construction of public facilities and improvements, as otherwise permitted by Government Code Section 53329.5. 28 aszi-z6oz-zaoo.~ ~.J C A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A 1 COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION 2 FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN 3 SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF 4 NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033) 5 Section 7. It is the intention of the Mayor and Common Council to pay for such 6 public facilities and services as herein described pursuant to the Act and that, except to ~ the extent that funds of CFD No. 1033 aze otherwise available to pay for such facilities, a special tax sufficient to pay the cost thereof will be levied annually within proposed g CFD No. 1033 and collected in the same manner as ordinary ad valorem property taxes, secured by recordation of a continuing lien against all non-exempt property in CFD No. 9 1033, in accordance with the herein described rate and method of apportionment 10 developed pursuant to Government Code Section 53321. 11 Section 8. The levy of a special tax to pay for said public facilities and services shall be subject to the approval of property owners of CFD No. 1033 at an election to be 12 held pursuant to Government Code Section 53326. 13 Section 9. The Mayor and Common Council hereby direct that a public hearing 14 be set regazding the establishment of CFD No. 1033 to take place on June 7, 2004, which is not later than 60 days from the date of adoption of this Resolution, and that the 15 City Clerk publish notice of such hearing in accordance with Government Code Section 53322. 16 Section 10. That notice of the time and place of the public hearing shall be 17 given by the City Clerk in the following manner: 18 a. The City Clerk is hereby authorized and directed to cause a Notice of 19 Public Hearing in form attached hereto as Exhibit "B" and incorporated herein by this reference (the "Notice of Public Hearing") to be published 20 in the legally designated newspaper of general circulation, being The Sun, pursuant to Section 6061 of the California Government Code, with 21 said publication to be completed at least seven (7) days prior to the date ~ set for the public hearing. 23 b. The City Clerk is hereby authorized and directed to cause the Notice of Public Hearing to be mailed, postage prepaid, to each property owner 24 within the boundaries of proposed CFD No. 1033; said mailing to the ~ property owners shall be to the address as shown on the last equalized assessment roll. Said mailing shall be completed at least fifteen (IS) 26 days prior to the date set for the public hearing. 27 Section 11. The proposed boundaries of CFD No. 1033 aze hereby described as shown on the map attached as Exhibit "A" which indicates by a boundary line the 28 aszvz6oz-zaao.~ 7 \~./ O 2 3 4 5 6 7 11 12 13 14 15 17 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033) extent of the territory included in proposed CFD No. 1033 and which shall govern for all details as to the extent of CFD No. 1033, reference to such map being hereby made for particulars. Said map contains the name of the City of San Bernazdino and a distinctive designation in words or by number of the district shown thereon. Section 12. The City Clerk shall endorse certificates on the original and at least one copy of said map evidencing the aforesaid filing and the date and adoption of this Resolution, and within fifteen (15) days prior to said hearing, shall file a copy thereof with the County Recorder of the County of San Bernazdino, in which County all of said proposed CFD No. 1033 is located. The County Recorder shall endorse on said copy of said map the time and date of filing and shall fasten the same securely in a book of maps of assessment and community facilities districts which he or she shall keep in his or her office, and index such map by the name of the City of San Bemazdino and by the distinctive designation of the district as shown on such map. Section 13. The adoption of this Resolution is not a project for purposes of the California Environmental Quality Act ("CEQA"), pursuant to Kaufinan and Bmad- South Bav. Inc. v. Moran Hill Unified School District (1992) 9 Ca1.App.4th 464. ` Section 14. It is the intention of the Mayor and the Common Council to establish an appropriations limit for proposed CFD No. 1033 pursuant to Govermnent Code Section 53325.7. Section 15. Resolution No. 2003-361 is hereby repealed upon adoption of this Resolution. Section 16. This Resolution shall take effect upon adoption. 21 Section 17. The City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law. Section 18. The Mayor and Common Council acknowledge that within the service area of the Verdemont Fire Station aze located existing developments for which the City General Fund will be responsible for the payment of the costs of the operations of the Verdemont Fire Station for such existing developments, and that it has been represented to the Mayor and Common Council, and subject to verification in the Engineer's Report to be submitted prior to the public hearing, that all new development reasonably anticipated to occur within the service area of the Verdemont Fire Station will be the sole factor creating the service demands for the Verdemont Fire Station and further that the provisions of CFD No. 1033 and the levy of the Tax or the payment of aszi-zeoz-zaoo.i g ... -- r 1 2 3 4 5 6 7 ilk 14 15 16 17 18 19 211 23 24 25 26 27 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO.1033) the In-Lieu Fee shall apply to all such new development and not to any existing development within the service azea of the Verdemont Fire Station. /// /// /// /// /// /// /~/ /// /// /// /// /// /// I~' /// /// /// /// /// aazi-zeoz-zaoo.i g 1 2 3 4 5 9 10 it 12 13 14 15 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033) Mayor I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the and Common Council of the City of San Bernazdino at a meeting thereof, held on the day of 2004, by the following vote, to wit: Council Members: AYES ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON McCAMMACK NAYS ABSTAIN ABSENT City Clerk 211 The foregoing resolution is hereby approved this 2004. Judith Va11es, Mayor City of San Bernardino Approved as to Form and legal content: JAl Cit~ 27I I By. 4821-2602-2400.1 1 ~ day of •rr~ + 2 3 4 5 6 7 it W 1 21 EXHIBIT "A" PROPOSED BOUNDARIES OF COMMUNITY FACILTI'IES DISTRICT of EXHIBIT "A" OOIilUli7Y FAGIJIE'S DISTRICT N0. 1033 VET ~ T ~SAA710N N TIE CITY CF SAN RE1tl1ARDRp CCUNTY OF SAN BFANARON0. STATE OF CAIJFCRMA P1RPF1 MO. aW1F1! ® CITY OF SAN BF7NAR6Rq © TENTATIVE TRACT 1SY10 NCNILA YCRROM6 ET K ^4 7EMA71VE TRACT 14167 COVENAIIT/OA9S SAN SERNARCRIO. lLC I- s r ~a_ ~~~~ 2 3 4 111 1 211 231 241 EXHIBIT "B" FORM OF NOTICE OF HEARING NOTICE IS GIVEN THAT ON JUNE 7, 2004, AT THE HOUR OF 4:00 P.M., IN THE REGULAR MEETING PLACE OF THE COMMON COUNCIL, BEING THE COUNCIL CHAMBERS, CITY HALL, 300 NORTH "D" STREET, SAN BERNARDINO, CALIFORNIA 92418, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATNE BODY WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED COMMUNITY FACILITIES DISTRICT, THE LEVY OF A SPECIAL TAX IN CONNECTION THEREWITH, THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION, AND THAT AT THE ABOVE-MENTIONED TIME .AND PLACE FOR PUBLIC HEARING, ANY PERSONS INTERESTED, INCLUDING TAXPAYERS, PROPERTY OWNERS AND REGISTERED VOTERS, MAY APPEAR AND BE HEARD, AND THAT THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ESTABLISHMENT OF CFD N0. 1033, THE EXTENT OF CFD NO. 1033 OR THE FURNISHING OF THE SERVICES AND FACILITIES, WILL BE HEARD AND CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING. HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND CLEARLY SET FORTH IN THE TRRRGULARITIES AND DEFECTS TO WHICH THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN IN WRITING AT ANY, TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. TF WRITTEN PROTESTS AGAINST THE ESTABLISHMENT OF CFD NO. 1033 ARE FILED BY FIFTY PERCENT (50%) OR MORE OF THE REGISTERED VOTERS, OR SDC (6) REGISTERED VOTERS, WHICHEVER IS GREATER, RESIDING WITHIN PROPOSED CFD NO. 1033, OR OWNERS OF ONE-HALF (1/2) OF THE AREA OF LAND PROPOSED WITHIN CFD NO. 1033, THE PROCEEDINGS SHALL BE ABANDONED. IF SAID MAJORITY PROTEST IS LIMITED TO CERTAIN SERVICES, FACILITIES OR SPECIAL TAX, THOSE SERVICES OR FACILITIES OR THAT SPECIAL TAX SHALL BE ELIMINATED BY THE COMMON COUNCIL. 4821-2602-2400.1 12 OFFICE OF THE CITY CLERK RACIAL G. CLARK, C.M.C. • Cmr CLeeK 300 North "D" Street • San Bernardino • CA 92418-0001 909.384.5002 • Fax: 909.384.5158 www.c i. san-bern azdin o. ca.us April 5, 2004 Mr. Frank Williams, CEO Building Industry Association of Southern California, Inc. Baldy View Chapter 8711 Monroe Court, Suite B Rancho Cucamonga, CA 91730 Dear Mr. Williams: As requested by your letter to me dated January 21, 2004, this letter is to inform you that the Mayor and Common Council of the City of San Bernardino will hold a meeting on Monday April 19, 2004, at 4 p.m. in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, relative to the Resolution of Intent to establish aMello-Roos Communities Facilities District and to levy a special tax within the Verdemont Area and the Resolution approving the form of a mitigation agreement with pazticipating developers for the costs of the operations and maintenance of the Verdemont Fire Station, and other related actions and procedures. If you have any questions or need additional information relative to the Council meeting, please contact Terri Baker, Senior Administrative Analyst in the City Administrator's Office, at (909) 384-5122. Sincerely, ~~ ~. ~ Rachel G. Clark, CMC City Clerk RGC:IIs cc: Teri Baker, Senior Administrative Analyst, City Administrator's Office Huston T. Carlyle, Jr., Senior Assistant City Attorney CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity • Accountability • Respect for Human Dignity • }lonesty Send ing Conf irm Date APR-5-2004 MOR 07:56 Marne SAM BERRARDIRO CITY CLERR Tel. 9093845158 Phone Paqes Start Time Elapsed Time Mode Result 99489631 2 04-OS 07:55 00~40~~ ECM Ok .` San DATE: CITY OF SAN BERNARDINO CITY CLERK'S OFFICE 300 North `D"Street, San Bernardino, California 92418 Phone.• (909) 384-5002/5102 . Fax: (909) 384-5158 FAX TRANSMITTAL SHEET 4/5/04 TO: Frank Williams, CEO Building Industry Association of Southern California, Inc. FAX: 948-9631 FROM: Linda Sutherland, Deputy City Clerk TOTAL PAGES: 2 (including cover) MESSAGE: Notification of Council Meeting on April 19, 2004 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACHING FORM Meeting Date (Date Adopted): 9-19-Cfi Item # `Z1 Resolution # 2Ci04 - 10~ Vote: Ayes 1 ,2 2-I- rl Nays 3 Abstain -6' Absent .~- Change to motion to amend original documents ^ Companion Resolutions NulWoid After: '- days / Resolution # On Attachments: ^ PUBLISH [v]im POST ^ Date Sent to Mayor: Note on Resolution of attachment stored separately: ^ RECORD W/COUNTY ^ By: (T-tGlfH~.E. To-ti~02 11-Zo-O~ Reso. Log Updated: a' Seal Impressed: ~ Date of Mayor's Signature: 4 21-0~1 Date of Clerk/CDC Signature: ~-72= O~ Date Memo/Letter Sent for Signature: _ Date Retumed: -- Not Returned: ^ 151 Reminder Letter Sent: - 2nd Reminder Letter Sent: - Request for Council Action & Staff Report Attached: Yes / No By Updated Prior Resolutions (Other Than Below): Yes No ~/ By Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes _ No / By Updated CDC Personnel Folders (5557): Yes _ No / By Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No ~ By _ Copies Distributed to: Animal Control ^ EDA ^ Information Services ^ City Administrator [~ Facilities ^ Parks & Recreation ^ City Attorney ~ Finance ^ Police Department ^ Code Compliance ^ Fire Department ^ Public Services ^ Development Services ^ Human Resources ^ Water Department ^ Others: 3 Notes: Ready to File: Date: Revised 12/18/03