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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Fred Wilson, City Administrator
Subject: A Resolution of the Mayor
and Common Council of the City of
San Bernardino designating the
Mayor to act on behalf of the City of
San Bernardino relative to the
special landowner election for CFD
No. 1033 and taking related actions
thereto.
Dept: City Administrator's Office
Date: August 12,2004- - -..
OR1G1NAl
MCC Meeting Date: 9/7/04
Synopsis of Previous Council Action:
06/21/04 - Public Hearing was held and a resolution was adopted establishing the formation of a
Community Facilities District and authorizing the submittal of Levy of Special Taxes to the
qualified electors for CFD No. 1033.
Recommended motion:
Adopt Resolution.
Contact person: Teri Baker
Phone:
x5122
Supporting data attached: Staff Report, Resolution, Ballot Ward: 5
FUNDING REQUIREMENTS:
Amount: None
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
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Agenda Item No. 10
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Approval of Resolution of the Mayor and Common Council designating the Mayor to act
on behalf of the City relative to the special landowner election for CFD No. 1033 and
taking related actions thereto.
Backeround:
The Mayor and Common Council have previously conducted proceedings pertaining to
the formation of Community Facilities District No. 1033 ("CFD No. 1033") pursuant to
the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," as
amended (the "Act''), Chapter 2.5 of Part 1 of Division 2 (commencing with Section
53311) of the California Government Code.
The purpose of CFD No. 1033 is to pay for a portion of the continued operation and
maintenance of the City's Verdemont Fire Station, including, but not limited to, payment
of compensation of employees, including salaries and benefits, maintenance and
operation of fire safety vehicles and fire station structures, any other expenses required to
keep such equipment and improvements in fit operating condition and any incidental
expenses (collectively referred to as the "O&M Expenses").
As part of the proceedings for the establishment of CFD No. 1033, the Mayor and
Common Council, by way of the approval of the pertinent "Resolution of Formation",
(adopted June 21, 2004) have called for a special election ("Special Landowner
Election") to take place on September 20, 2004, relating to the levy of the special tax of
CFD No. 1033 ("Special Tax") to pay for a portion of the O&M Expenses in accordance
with the Rate and Method of Apportionment of the Special Tax (the "Rate and Method"
is set forth as an exhibit to the Resolution of Formation), pursuant to the Act.
Since the territory within CFD No. 1033 is uninhabited, Section 53326 of the Act
provides that the qualified electors of the Special Landowner Election are the landowners
within CFD No. 1033. The City itself is an owner of property within CFD No. 1033. In
accordance with Section 53326 of the Act, votes are to be cast in the Special Landowner
Election by such landowners or their authorized representatives, each having one vote for
each acre or portion thereof that such landowner owned in CFD No. 1033 as of the close
of the formation hearing held by the City on June 21, 2004.
As a landowner within CFD No. 1033, the City must designate an "authorized
representative" to vote on its behalf in the Special Landowner Election relative to CFD
No. 1033. Accordingly, the accompanying resolution designates the Mayor to participate
in the Special Landowner Election for CFD No. 1033 and to act as the authorized
representative to cast the votes of the City as the landowner in favor of the levy and
collection of the Special Tax. The Redevelopment Agency is also a landowner within
CFD No. 1033. A companion item designating an authorized representative to vote on
4812-4974-6432.1
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
behalf of the Redevelopment Agency is on the Community Development Commission's
agenda.
Fiscal Impact:
Approval of the Resolution itself has no direct financial impact: However, the action of
the Mayor pursuant to authorization set forth in the Resolution will result in the approval
of the imposition and levy of the Special Tax (in accordance with the applicable Rate and
Method of Apportionment), which will result in a special tax lien on all non-exempt
property owned by the City within the boundaries of CFD No. 1033 in the amount of
$2,445.00 per acre for land zoned ComrnerciallRetaiI/Office/Industrlal, and $350.00 per
dwelling unit for residential property, during the initial year that the Special Tax is
imposed. The Special Tax will be levied on all non-exempt land in CFD No. 1033 in
accordance with the provisions of the Act. Pursuant to the Rate and Method of
Apportionment of the Special Tax for CFD No. 1033, the Special Tax will be imposed at
the time of issuance of building permits on property. The Special Tax is intended to
remain in effect for a period of thirty (30) years.
Recommendation:
Adopt Resolution.
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO DESIGNATING THE MAYOR TO ACT ON BEHALF
OF THE CITY OF SAN BERNARDINO RELATIVE TO THE SPECIAL
4 LANDOWNER ELECTION FOR CFD NO. 1033 AND TAKING RELATED
5 ACTIONS THERETO.
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WHEREAS, the City of San Bernardino, California (the "City"), is a municipal
corporation and charter city, duly organized and existing pursuant to the provisions of the
Constitution of the State of California; and
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WHEREAS, the Mayor and Common Council of the City have previously conducted
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proceedings pertaining to the formation of Community Facilities District No. 1033 ("CFD No.
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I 033") pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of
1982," as amended (the "Act"), Chapter 2.5 of Part I of Division 2 (commencing with Section
14 53311) of the California Government Code; and
15 WHEREAS, as part of such proceedings the City held a hearing on the proposed
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formation ofCFD No. 1033 on June 21, 2004 and adopted a Resolution of Formation which
among other things established the formation of CFD No. 1033 and called for an election
("Special Landowner Election") to be held on September 20, 2004 within CFD No. 1033
relative to the levy of the proposed special tax within the boundaries of CFD No. 1033 to pay
for a portion of the continued operation and maintenance of the Verdemont Fire Station,
including but not limited to payment of compensation of employees, including salaries and
benefits, maintenance and operation of fire safety vehicles and fire station structures, any other
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expenses required to keep such equipment and improvements in fit operating condition and any
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incidental expenses (collectively, the "Q&M Expenses"), and the rate and method of
apportionment and manner and collection of the special tax; and
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DESIGNATING THE MAYOR TO ACT ON BEHALF OF THE
CITY OF SAN BERNARDINO RELATIVE TO THE SPECIAL LANDOWNER
ELECTION FOR CFD NO. 1033 AND TAKING RELATED ACTIONS THERETO.
WHEREAS, pursuant to Section 53326 of the Act, for purposes of these proceedings
the qualified electors are the landowners within CFD No. 1033, with votes cast by such
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landowners or their authorized representatives, each having one vote for each acre or portion
thereof that such landowner owned in CFD No. 1033 as of the close of the formation hearing
on June 21, 2004, because fewer than twelve (12) persons have been registered to vote within
the territory of CFD No. 1033 for each of the ninety (90) days preceding the close of the June
21,2004 public hearing conducted and concluded by the Mayor and Common Council; and
WHEREAS, the City itself is a landowner of property within the territory of CFD No.
1033, necessitating the City to designate an authorized representative to participate in the
September 20,2004 Special Landowner Election within CFD No. 1033 relative to the levy of
the CFD No. 1033 special tax, the rate and method of apportionment and manner of collection
of the special tax for CFD No. 1033; and
WHEREAS, the Common Council wishes to designate the Mayor as the City's
uthorized representative to participate in the Special Landowner Election of September 20,
004, and take other related actions for the establishment of CFD No. 1033, all as provided in
he Act.
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DESIGNATING THE MAYOR TO ACT ON BEHALF OF THE
CITY OF SAN BERNARDINO RELATIVE TO THE SPECIAL LANDOWNER
ELECTION FOR CFD NO.1 033 AND TAKING RELATED ACTIONS THERETO.
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4 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS
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NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE
FOLLOWS:
Section 1.
Recitals
The above recitals are all true and correct
Section 2.
Designation of Mavor as Authorized Citv Representative.
The Common Council hereby designates the Mayor as the authorized representative of
the City as a landowner within CFD No. 1033 for purposes of the Special Landowner Election
to be held on September 20,2004, pursuant to Section 53326 of the Act
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Ballot and Related Authorizations
Section 3.
As authorized by Section 53353.5 of the Act, the propositions described in the recitals,
15 above, shall be combined into a single ballot measure, the form of which is attached hereto as
16 Exhibit "An and by this reference incorporated herein. Upon its receipt from the City Clerk,
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acting as the Election Official for this Special Landowner Election, the Mayor is hereby
directed to: (a) vote in the affirmative for each acre or portion thereof set forth in the ballot, (b)
sign the declaration stating that the Mayor is the authorized representative of the City as the
landowner entitled to vote in the Special Landowner Election relative to CFD No. 1033, and (c)
return the ballot to the City Clerk on or before 12:00 p.m. on September 20, 2004 in the
envelope enclosed with the ballot
Section 4.
Effective Date
This Resolution shall take effect upon adoption.
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DESIGNATING THE MAYOR TO ACT ON BEHALF OF THE
CITY OF SAN BERNARDINO RELATIVE TO THE SPECIAL LANDOWNER
ELECTION FOR CFD NO. 1033 AND TAKING RELATED ACTIONS THERETO.
Section 5.
Certification
The City Clerk shall certify to the passage and adoption of this resolution, enter the
same in the book for original Resolutions of the City, and make a minute of passage and
adoption thereof in the records of the proceedings of the Mayor and Common Council of the
City, in the minutes of the meeting at which this resolution is passed and adopted.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting
thereof, held on the
day of
, 2004, by the following vote to
wit:
Council Members:
Aves
Navs
Abstain
Absent
ESTRADA
LONGVILLE
MCGINNIS
DERRY
Rachel G. Clark, City Clerk
day of
Judith Valles, Mayor
City of San Bernardino
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Exhibit "A"
City of San Bernardino
Community Facilities District No. 1033 Special Landowner Election
Official Ballot
INSTRUCTIONS: Please cast your vote, by placing a check mark in either the ves or
no box,
PROPOSITION A: "Shall Community Facilities District
No. 1033 of the City of San Bernardino be authorized to D
annually levy a special tax, payable solely from lands within YES
Community Facilities District No.1 033, to finance a portion
of the continued operation and maintenance of the Verdemont
Fire Station of the City of San Bernardino, which operation
and maintenance shall include, but not be limited to, payment
of compensation of employees, including salaries and D NO
benefits, maintenance and operation of fire safety vehicles
and fire station structures, any other expenses required to
keep such equipment and improvements in fit operating
condition, and any incidental expenses and all necessary
administrative exoenses of the City?"
Name of Property Owner:
Address of Property Owner:
No. of Acres:
This Ballot is Worth
Votes
/, (Name o(Prooertv Owner). hereby declare, under penalty of perjury under the laws
of the State of California, that / am the owner of record/authorized representative of the
owner of the property referenced herein by Assessor's Parcel Number(s), and that / am
the person whose name appears on the identification envelope containing this bal/ot.
Signature of Property Owner/Authorized Representative:
Executed this _ day of
, 2004, in
, California.
Date:
IMPORTANT NOTE:
Voted ballot must be received in the City of San Bernardino, City Clerk's Office, 2nd
Floor, 300 N. "D" Street, San Bernardino, CA 92418, no later than 12 noon on
September 20, 2004.
Election results to be announced at the Mayor and Common Council meeting of
September 20, 2004 at 4:00 p.m.
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