HomeMy WebLinkAboutS6-Public Works
-
CITY OF SAN SER
ARDINO~EQUEST4
40-80
OR COUNCIL ACTION
From: Roger G. HardS,'Q,'i2
Subject:
Acceptance of Petition and
Authorization to Proceed --
Establishment of a Community
(acilities District (Mello-Roos)
i:1 the Verdemont Area
Dept: Pub 1 i cWo r k s / E n gin e e r i n g
Date: Mar c h 14, 1 9 9 0
Synopsis of Previous Council action:
12-04-89 -- Urgency Ordinance No. f'1C-690 adopted levying an Infrastructure
Fee for the Verdemont Area, and Resolution No. 89-486 adopted
establishing the amount of the fee.
01-08-90 -- Hearing closed and first reading of ordinance adding Section
15.73 of the SBMC requiring the levy of Verdemont Infrastructure
Fee.
02-19-90
Urgency Ordinance No. MC-706 adopted extending the effective date
.of Verdemont Intrastructure Fee, and final reading given to
MC-707 requiring the levy of the Verdemont Infrastructure Fee.
Recommended motion:
',,~.
=')
P'l
("")
~~~;
(-:'i
Adopt Resolution.
........
, ~
cc:
Marshall Julian. City Administrator
Jim Richardson, Deputy City Admin.
Jim Penman, City Attorney
Craig Graves, City Treasurer
f), 17 ,J
/ jl( &-fJ-/(A
- 51 ture
C)
l.
Contact person:
Roger G. Hardgrave
Phone:
5025
Supporting data attached: Staff Report & Resolution
Ward:
5
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75.0262
Agenda Item No.
s-~
CITY OF SAN BERr- \RDINO - REQUEST . ~R COUNCIL ACTION
STAFF REPORT
Some of the major property owners/developers in the Verdemont
Area have submitted a proposed modification to the recently
approved Verdemont Area Infrastructure Development Fee Program.
This proposed modification would allow developers to petition the
City to establish a Community Facilities District, under the
Mello-Roos Act, in order to finance the infrastructure fee.
The proposed modification recommends that facilities that are
either unnecessary or likely to be damaged or destroyed, not be
included in this infrastructure program. Also, that a
supplemental study be conducted to determine precisely which
infrastructure items should be included in the program. The
developers here contracted with C r~ Engineering Associates to
perform thi s study. An adjustment in the amount of the fee may
be inducted by the results of this study.
It is proposed that School Impact Fees also be financed through
the Community Facilities District. This approach would allow the
fees to be paid directly to the School District. Discussions are
being held with the School District to get their support.
The proposal also provides that the City and Developer enter into
a Development Agreement to assure that the project can be
compl eted in accordance wi th the approved tentati ve map, or the
land-use designation shown in the General Plan if a tentative map
has not been approved.
There are some (3-5) tracts ready to start construction. In
order for a Community Facilities District to be feasible, it must
be established before the homes are sold. Therefore, the
proposal envisions an initial district, for those parcels ready
for construction, being established by the first part of August
1990. Additional districts, will be established as petitions are
received from other owners wishing to develop.
Time constraints will not allow our normal practice for engaging
consultants, of issuing Requests for Proposals, to be followed.
The owners have proposed that Orrick, Herrington & Sutcliffe be
engaged as Bond Counsel, David Taussig & Associates as Special
Tax Consultant, and Prudential Bache Securities, Inc. as
Underwriter. These are large well established firms with ample
experience. all indications are that they could perform in a
very satisfactory manner.
Upon approval of the selection of these Consultants, we will
proceed to negotiate appropriate Agreements for professional
services. These Agreements will provide that the City will incur
no financial obligation in the event that the district is not
formed.
-1-
3/14/90
75.0264
CITY OF SAN SER' ~RDINO - REQUEST
lR COUNCIL ACTION
STAFF REPORT
An Assessment Engineer will also be needed.
Acceptance of the Infrastructure Fee Program will be enhanced by
allowing the option of financing the fee through a district.
Therefore, we recommend that the resolution be approved.
URGENCY CLAUSE: Authorization to proceed must be given at the
Council Meeting of 3/19/90, in order for the district to be
formed before the homes are ready for sale.
3/14/90
-2-
75.0264
1 RESOLUTION NO.
2 A RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING
A PETITION, DESIGNATING CERTAIN CONSULTANTS AND DIRECTING STAFF
3 TOP ROC E EDT 0 EST A B LI S HAC 0 1'1 M UNIT Y F A C IL IT IE S D I S T R I C TIN THE
VERDOlONT AREA.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
\~HEREAS. the City of San Bernardino (the "City") has
received a Petition for Formation of a Community Facilities
District (the "District") from olvners of property within the
District, pursuant to the provisions of the Mello-Roos Community
Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2,
Title 5 of the Government Code of the State of California (the
"Act"), for formation of the District and the levy of a special
tax to pay for certain described public facilities (the
"Facilities") and for the issuance of special tax bonds in such
proceedings under the Act; and
WHEREAS, in order to proceed wi th the processi ng of
the District in accordance vlith the Act, the City Ivishes to
designate and retain certain consultants to advise the City, and
to direct City staff to proceed with the formation of the
District and the authorization and sale of special tax bonds
thereof; and
WHEREAS, the Facilities will be of benefit to the City
and its residents;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, AS FOLLOWS:
SECTION 1.
The City hereby accepts the petition of
25 property owners for the formati on of the Di stri ct pursuant to
26 the provisions of the Act.
27 / / / /
28 / / / /
3/14/90
RH:pa
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING A
PETITION, DESIGNATING CERTAIN CONSULTANTS TO ESTABLISH A
2 COMMUNITY FACILITIES DISTRICT IN THE VERDEMONT AREA.
3
SECTION 2. The
City
hereby
designated
Orrick,
4 Herrington & Sutcliffe as Bond Counsel (hereinafter "Bond
5 Counsel") to the City for the project described in the petition.
6 SECTION 3. The City hereby designates David Taussig &
7 Associates as Special Tax Consultant (hereinafter "Special Tax
8 Consultant") to the City for the project described in the
9 petition.
10
SECTION 4. The
City
hereby
designates
11 Prudential-Bache Securities, Inc., as Underwriter (hereinafter
12 the "Underwriter"), to the City for the project described in the
13 petition.
14
SECTION 5. The City Engineer, City Clerk and City
15 Treasurer are hereby authorized and directed to proceed with the
16 formation of the District and sale of special tax bonds,
17 pursuant to the terms and provisions of the Act and the approval
18 of all subsequent proceedings by the City Council.
19 SECTION 6. The City Engineer is hereby authorized and
20 d ire c t e d ton ego t i ate Con s u 1 tan t 's A g r e e men t s for Pro f e s s ion a 1
21 Services, with the above listed firms, and with a selected firm
22 for Assessment Engineering Services.
23
SECTION 7. This
resolution
shall
take
effect
24 immediately upon its passage and adoption.
25 IIII
26 IIII
27 I /I I
28 I I /I
3/14/90
RH:pa
-2-
1
RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING A
PET IT ION , DES I G tJ A TIN GeE R T A I tl CON S U LT A tH S TOE S T A 8 LI S H A
COMMUNITY FACILITIES DISTRICT IN THE VERDEMONT AREA.
2
3
I HERESY CERTIFY that the foregoing resolution vias
4 duly adopted by the Mayor and Common Council of the City of San
5
Bernardino at a
meeting thereof. held on the
6
day of
, 1990, by the following vote, to-
7 vii t:
8
AYES:
Co un c i 1 r~ em be r s
9
10
NA YE S :
11
A B S c: rlT :
12
13
14
Clty Clerk
15
The foregoing resolution is hereby approved this
16
day of
1990.
17
19
\/. R. H 0 L C 0 f" B, 1;1 a y 0 r
City of San aernardino
l
18
20
21 Approved as to form
and legal content:
22
James F. Penman
23 City A~torney
24
By:
4 -:.... ~-~
. -) ;
If '-I)' ,...'-.c<....
25
26
27
28
3/14/90
RH:pa
-3-