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HomeMy WebLinkAbout49-Public Works - . , . ~IT~ OF SAN BERNARDI~ - REQ~ESTNOFOR COUNCIL A~TION From: ROGER G. HARDGRAVE De~: Public Works/Engineering Date: 6-11-90 Resolutions Establishing CFD No. Subject: 995, and Declaring Necessity to Incur Bonded Indebtedness Verdemont Area Synopsis of Previous Council action: 04-16-90 --Adopted Resolution No. 90-140 declaring the City's intention to establish the District, adopted Resolution No. 90-136 declaring the City's intention to issue bonds secured by a special tax. 05-21-90 --Protest hearing and resolutions continued until 6- 04-90. 06-04-90 --Protest hearing closed and resolutions continued to 6-18-90. Recommended motion: Adopt resolutions. cc: Marshall Julian Andy Green Jim Penman FUNDING REOUIREMENTS: Verne Nadeau Resolutions, Staff Report, Map Amount: $9,214,668 Source: (Acct. No.) 251-673-53925 Phone: 5026 Contact person: Supporting data attached: Ward: 5 Acct.Oescri tion Assessment Dist. 995--Verdemont Community Facilities District Finance: 0r-- Council Notes: 75.0262 Agenda Item No LI' 'cl~foF SAN BERNARDINtt - REQ~ST FOR COUNCIL Ac?TION STAFF REPORT At the Council meeting of 6-4-90, the protest hearing was closed and the resolutions establishing the Mello-Roos Community Facilities District No. 995 and declaring the necessity to incur bonded indebtedness continued to 6-18-90. The resolutions were continued to allow minor revisions to be made, such as deleting the references to water system improvements and changing the special election to 6-26-90. Also, to allow the Rate and Method Apportionment of Special Tax to be amended to reflect the decrease in the Verdemont Infrastructure Fee from $7,375 to $6,068. Adoption of these resolutions is a necessary step in the establishment of CFD No. 995. These resolutions will call the special election. The issue before the four property owners within the proposed district will be the levying of the special tax, incurring a bonded indebtedness of about $11,000,000, and setting an appropriations limit of $1,100,000 per fiscal year. We recommend that the resolutions be adopted. 6-11-90 75-0264 c " --".",,~ i v ,-,;I RESOLUTION NO. 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO A RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 995 (VERDEMONT AREA), PROVIDING FOR A SPECIAL TAX TO PAY FOR CERTAIN PUBLIC FACILITIES WITHIN SUCH COMMUNITY FACILITIES DISTRICT AND CALLING A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS WITHIN SUCH COMMUNITY FACILITIES DISTRICT THE QUESTION OF LEVYING SUCH SPECIAL TAX 4 5 6 7 8 9 10 WHEREAS, the Common Council (the "Common Council") II of the City of San Bernardino ("the City") has heretofore on 12 13 April 16, 1990, duly adopted Resolution No. 90-140 declarinq its intention to establish a community facilities district 14 under and pursuant to the terms and provisions of the 15 "Mello-Roos Community Facilities Act of 1982" (the "Act"), 16 being Chapter 2.5. Part 1. Division 2,. Title 5 of the Government Code of the State of California, and callinq a public hearinq on the question of the establishment of such community facilities district, which such community facilities 17 18 19 20 district was desiqnated as "City of San Bernardino Community 21 Facilities District No. 995 (Verdemont Area)" (the "Community 22 23 Facilities District"); and WHEREAS, prior to the time for such hearing, in accordance with said Resolution No. 90-140, a report on such proposal prepared by, or at the request of. the City 24 25 26 27 Administrator of the City entitled "Public Report for Community Facilities District No. 995 (Verdemont Area) for the 2B City of San Bernardino" and dated May 21, 1990 (the "Public 06/12/90 c RESOLUTION ESTABLISHING I"^qMMUNITY ?'<;:ILITIES DISTRICT '"'" '-~ Report"). was filed with the Common Council of the City. and 2 such report was filed with the City Clerk of the City and made 3 a part of the record of the hearinq on said Resolution 4 No. 90-140; and 5 WHEREAS. pursuant to said Resolution No. 90-140. a 6 public hearinq was convened by the Common Council of the City 7 on May 21. 1990. at the hour of 10:00 o'clock a.m.. or as soon 8 thereafter as the matter could be heard. at the reqular 9 meetinq place of the Common Council. 300 North "D" Street. San 10 Bernardino. California 92418. at which hearinq the Common \I Council considered the establishment of the Community 12 13 Facilities District. the proposed rate and method of apportionment of a special tax therein. the proposed 14 appropriations limit therefor and all other matters as set forth in said Resolution No. 90-140. and at the 15 16 above-mentioned time and place for such public hearinq, all 17 persons interested. including all taxpayers. property owners 18 and registered voters within the Community Facilities District. were given an opportunity to appear and be heard, 19 20 and the testimony of all interested persons or taxpayers for 21 or against the establishment of the Community Facilities 22 23 District and the levy of such special tax. or the extent of 24 the Community Facilities District. or the type and extent of the facilities to be included in the Community Facilities 25 26 27 District. including the payment of an infrastructure development fee (the "Fee") to provide for the acquisition, construction and installation of certain public facilities. 28 includinq full-width street improvements, includinq full-width 2 22SlcS 06/12/90 . . C RESOLUTION ESTABLISHING ~UNITY ~:ILITIES DISTRICT . ..'\ paving,' curbs and gutters, sidewalks. street lights, sewer 2 mains, storm drains. catch basins, together with auxiliary 3 structures and appurtenances, including the acquisition of all 4 necessary easements and rights-of-way. and to provide school 5 facilities, to serve the development within the Verdemont Area of the City of San Bernardino (the "Facilities"), or the 6 7 establishment of an appropriations limit therefor, or any 8 other matters set forth in said Resolution No. 90-140, was 9 heard and considered, and the Common Council at the conclusion 10 of said hearing was fully advised in the premises, and was II authorized to proceed as hereinafter provided: and 12 WHEREAS, the Common Council has received an amended 13 map of the Community Facilities District (the "Amended Map") in the form attached hereto as Exhibit B, which deletes Tract 14 15 No. 13603 from the Community Facilities District, and does not 16 increase the special tax to any remaining parcel within the 17 Community Facilities District: and 18 WHEREAS,. .on the basis of all of the foregoing, the Common Council has determined at this time to proceed with the establishment of the Community Facilities District as provided by said Resolution No. 90-140 encompassing the land area shown on the Amended Map and to submit to the qualified'electors of the Community Facilities District the proposition in substantially the form attached hereto as Exhibit A, in a duly 19 20 21 22 23 24 25 26 27 28 called election, to authorize the levy of a special tax pursuant to the Rate and Method of Apportionment of Special Tax and to pay for the Facilities proposed to be provided for the Community Facilities District as described in Exhibit B to 3 225lc5 06/12190 c RESOLUTION ESTABLISHING C;MMUNITY F~'~L TdS DISTRICT 2 3 'I 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 90-140, NOW, THEREFORE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section 1. All of the above recitals are true and correct. Section 2. The Common Council hereby approves and adopts said Resolution No. 90-140, including the description of Facilities and the Rate and Method of Apportionment of Special Tax and of the manner of collection of the special tax, as published prior to the public hearing as required by law, and reconfirms all of its findings and determinations contained in said Resolution No. 90-140. and the Common Council also approves the boundaries of the District as revised to eliminate Tract No. 13603 and more particularly described in the Amended Map, and the special tax in and for the Community Facilities District shall be as set forth in the Rate and Method of Apportionment of Special Tax and the boundaries of the Community Facilities District shall be as set forth in the Amended Map, both in the form attached hereto and incorporated herein and made a part hereof. Section 3. The Common Council finds and determines that written protests to the establishment of the Community Facilities District, or the extent thereof, or the acquisition, construction and installation of the Facilities, or the levy of the special tax proposed to be levied in the Community Facilities District. are insufficient in number and in amount under the Act, and the Common Council hereby further orders and determines that all protests to the establishment 4 22S1cS 06/12/90 c RESOLUTION ESTABLISHING~MMUNITY ~'~ILITIES DISTRICT ~J \ ~ of the Community Facilities District. or the extent thereof. 2 or the type of extent of the Facilities. or the establishment 3 of an appropriations limit. or the levy of the special tax 4 proposed to be levied in the Community Facilities District. 5 are hereby overruled and denied. 6 ~ection 4. Consistent with Section 53325.6 of the Act. the Common Council finds and determines that the land 7 8 within the Community Facilities District. if any. devoted 9 primarily to aqricultural. timber or livestock uses and beinq 10 used for the commercial production of aqricultural. timber or II livestock products will be benefited by the Facilities 12 proposed to be provided within the Community Facilities 13 District. 14 Section 5. The Common Council finds and determines 15 that all prior proceedings had and taken by the Common Council 16 with respect to the formation of the Community Facilities 17 District are valid and in conformity with the requirements of 18 the Act. and the Common Council determines to proceed to 19 establish the Community Facilities District. Accordinqly. the 20 Common Council finds. determines and orders that. consistent 21 with said Resolution No. 90-140. the Community Facilities 22 23 District is hereby formed under and pursuant to the terms and provisions of the Act. the boundar.ies of which are as set 24 forth on the Amended Map. filed with the City Clerk and to be 25 26 27 28 filed in the Office of the County Recorder of the County of San Bernardino pursuant to Section 10 hereof. Section 6. A general description of the Facilities which the Common Council is authorized by law to provide 5 2251c5 06/12/90 L RESOLUTION ESTABLISHING~MMUNITY ~ILITIES DISTRICT 1.... ....; ) within .the Community Facilities District, is set forth in 2 Exhibit B to Resolution No. 90-140. and the Common Council 3 hereby finds and determines that such Facilities, including 4 the payment of an infrastructure development fee representing 5 certain public facilities. are necessary to meet present or 6 increased demand placed upon the City as a result of existing 7 or projected development within the Community Facilities 8 District. 9 Section 7. The office which will be responsible for 10 II preparing annually a current roll of special tax levy obligations by assessor's parcel number and which will be 12 responsible for estimating future special tax levies pursuant 13 to Section 53340.1 of the Act is the Office of the City 14 Treasurer. which is further directed to establish procedures 15 to promptly respond to inquiries concerning current and future 16 tax liabil i ty. 17 Section 8. Except where funds are otherwise 18 available, a special tax sufficient to pay for all the 19 Facilities, secured by recordation of a continuing lien against all non-exempt real property in the Community 20 21 Facilities District. including the payment of interest on and 22 23 24 25 26 27 principal of bonds proposed to be issued to finance the Facilities and including the repayment of funds advanced to or on behalf of the Community Facilities District, annual administration expenses of the City and the Community Facilities District in determining. apportioning. levying and collecting such taxes. will be levied annually within the boundaries of the Community Facilities District. For 28 6 2251c5 06/12/90 , . c: RESOLUTION ESTABLISHING C~UNITY F )ILITIES DISTRICT ) 2 particulars as to the Rate and Method of Apportionment of the Special Tax and the manner of collection of the special tax, reference is made to Exhibit C hereof which sets forth the 3 " rate and method of apportionment and the manner of collection 5 of such special tax in sufficient detail to allow each landowner or resident within the Community Facilities District 6 7 8 to est imate the maximum amount that such person wi 11 have to pay for the Facilities. Section 9. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and 9 10 II Hiqhways Code of the State of California (the "Code"). a 12 13 continuinq lien to secure each levy of the special tax shall attach to all non-exempt real property in the Community Facilities District and this lien shall continue in force and I" 15 effect until the special tax obliqation is cancelled in 16 accordance with law or until collection of the tax by the 17 18 Common Council ceases in accordance with the Rate and Method of Apport ionment of, such special tax. Section 1Q. Pursuant to Section 53325.5 of the Act and Section 3113 of the Code, the City Clerk is hereby 19 20 21 authorized and directed to endorse the Certificate on the 22 23 Amended Map evidencing the date and adoption of this resolution and is further authorized and directed to file said 2" map in accordance with the provisions of Section 3113 of the Code within 10 days after the approval of the Amended Map 25 26 27 which shall be within 10 days of the adoption hereof. Section 11. Since there are fewer than 12 28 reqistered voters within the Community Facilities District. 7 2251c5 06/12/90 "c - - RESOLUTION ESTABLISHING C9MMUNITY FACILITIES DISTRICT ) 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the levy of the special tax and the establishment of the appropriations limitation shall be submitted to the landowners. as the qualified electors of the Community Facilities District. with each acre or portion thereof within an ownership representinq one (1) vote. The requirements of Section 53326 of the Act pertaininq to the shorteninq of time and the requirement for notice havinq been waived by each landowner. the ballots for the special election shall be distributed by personal or mailed delivery to each of the landowners within the Community Facilities District. Each landowner shall have one vote for each acre or portion thereof that he. she or it owns within the Community Facilities District. as provided in Section 53326 of the Act. Section 12. The City Clerk shall provide certified copies of this resolution. a description and map of the Community Facilities District of sufficient scale and clarity to show the boundaries thereof and the Assessor's parcel numbers for the land therein to the Reqistrar of Voters of the County of San Bernardino within three business days after the adoption of this resolution. for the purpose of determining that the Community Facilities District contains fewer than 12 reqistered voters. Section 13. The City Clerk of the City is hereby designated as the election official for the purposes of conductinq the election in the Community Facilities District and is hereby requested to take all steps necessary to hold the election in accordance with the Act and these specifications. 8 225lc5 06/12/90 c - - - RESOLUTION ESTABLISHINGOMMUNITY r ~Il T:ES DISTRICT ,..; ~....... ,) Section 14. The Common Council hereby submits the 2 question of levying such special tax and the establishment of an appropriations limit in the amount of $1,100.000 per fiscal 3 4 year in connection therewith for the Community Facilities 5 District to the qualified electors within the Community Facilities District, at an election to be held on Wednesday, 6 7 8 9 June 26, 1990, all in accordance with and subject to the Act, all the terms of which shall be applicable to such election. Section 15. The Common Council hereby further 10 directs that the election at which the question of levying II such special tax and the establishment of an appropriations 12 13 limit in the amount of $1,100,000 per fiscal year in connection therewith is submitted to the qualified electors 14 within the Community Facilities District shall be consolidated 15 16 17 with the election at which the question of incurring a bonded indebtedness in an amount not to exceed eleven million dollars ($11,000,000) for the Community Facilities District is 18 submitted to the qualified electors within the Community Facilities District. and the question of levying such special tax shall be combined in one ballot proposition with the question of incurring such bonded indebtedness and the 19 20 21 22 question of establishing an appropriations limit for the 23 Community Facilities District. all as provided by the Act: and the Common Council further directs that the resolution adopted 24 25 26 27 28 by the Common Council declaring the necessity to incur such bonded indebtedness shall constitute the notice of the consolidated election on the combined proposition of authorizing the levy of such special tax, of establishing an 9 06/12/90 2251c5 - "c: RESOLUTION ESTABLISHING C:MMUNITY F~~ILITIES DISTRICT "') ~. 2 appropriations limit and of incurring such bonded indebtedness. Section 16. The City Clerk as the election official 3 is authorized to canvass the returns of the election pursuant 4 to Section 23306 of the Elections Code. and the Common Council 5 is thereafter authorized to certify the results of the 6 election at the next regular meeting following the date of the 7 election. 8 Section 17. If two-thirds (2/3) of the votes cast 9 upon the question of levying such special tax are cast in 10 favor of levying that tax. as determined by the Common Council II after the canvass of the returns of such consolidated 12 election. the Common Council may levy such special tax within 13 the territory of the Community Facilities District under the 14 Act in the amount and for the purposes as specified in this 15 resolution. Such special tax may be levied only at the rate 16 and may be apportioned only in the manner specified in this 17 resolution. subject to the Act. except that such special tax 18 may be levied at a rate lower than that specified herein. 19 Such special tax may be levied only so long as it is needed to pay for the financing of the Facilities referred to in Section 20 21 6 of this resolution. or so long as it is needed to pay the 22 23 principal of and interest on the bonded indebtedness. together with administrative expenses and other expenses of the 24 Community Facilities District. incurred by the City and the 25 Community Facilities District. 26 / / / / / / / / / 27 28 ?25lc5 06/12/90 10 . . c RESOLUTION ESTABLISHING C.QMMUNITY FACILITIES DISTRICT ( , ) ;,.. ,,' I HEREBY CERTIFY that the foregoing resolution was 2 duly adopted by the Mayor and Common Council of the City of San 3 Bernardino at a meeting thereof. held on 4 the day of 1990. by the following vote. 5 to wit: 6 7 Council Members: AYES NAYS ABSTAIN 8 ESTRADA 9 REILL Y 10 FLORES II MAUDSLEY 12 MINOR 13 POPE-LUDLAM 14 MILLER 15 16 17 City Clerk 18 19 The foregoing resolution is hereby approved this 20 day of . 1990. .21 22 23 W.R. Holcomb. Mayor City of San Bernardino 24 Approved as to form and legal content: 25 26 27 James F. Penman City Attorney 28 By 2251c5 06/12/90 . . c RESOLUTION ESTABLISHIN~OMMUNITY~CILITIES DISTRICT -."...... ) EXHIBIT A 2 PROPOSITION XXX: Shall City of San Bernardino Community Facilities District No. 995 (Verdemont Area) be authorized to finance certain public facilities, including all or a portion of the Verdemont Area infrastructure development fee, representing the acquisition, construction and installation of full-width street improvements, including full-width paving, curbs and gutters, sidewalks, street lights, sewer mains, storm drains, catch basins, together with auxiliary structures and appurtenances and including the acquisition of all necessary easements and rights-of-way, and school facilities to serve the development within the Verdemont Area of the City of San Bernardino, by incurring a bonded indebtedness in the principal amount of $11,000,000 and shall an appropriations limit in the amount of $1,100,000 per fiscal year in connection therewith be established for the Community Facilities District, and shall a special tax with a maximum rate and method of apportionment as provided in Exhibit C to Resolution No. 90-___ adopted by the Common Council of the City of San Bernardino on June 12, 1990, which is incorporated by reference herein, be levied to pay for such facilities, including the payment of current and future principal of and interest on such bonds and the annual administration expenses of the City and the Community Facilities District in determining, apportioning, levying and cOllecting the special tax, and including the repayment of funds advanced to or on behalf of the Community Facilities District? 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 " FIBIT "B" '. .......,1 '-.""J J . . AMENDED BOUNDARY MAP OF COMMUNITY FACILITIES DISTRICT NO. 995 CITY OF SAN BERNARDINO IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA f1lB) AT REQUEST OF QTY a..EJII( 'HI ..... .... ... IGIOtIII'Y ..". " CCIIIIIITY '~..-cT" ... crrr f/I.... IIW" ~r II 1MI -..TY " .... IIIIlV IT..... t1I ~ ,.. ...- AT ...___.. ...,. " .. --'T Me ~ ,ACIUIII"lIIWICY AT 'AC-'iL. . _CRa._ClUII"I'__"~ ".... 11 a. irA" " ~ I ~ CDIP'Y 'MiT _ .... MMI __ '1HI MeCB ...~... aT _ OCIMIITY 'MaI'1D ..... JIll. _ .. " ..... 0T"t tJI ..... ~. ~ a. ITA. " .~ IN ...,.... rt ,.. CITY cauca. AT " ..... ..... ....... ... .. ,.. DAY " .1_"'I1S~'" -. ""'..- an",....-. u~f;L~ ....... _ u. .- -- PAllCEl. lRACT DEIoUCIPOI NO. NO. ,.... ~.... 2 '4t1l ......~. lie. 3 ,.- .. 141M ....~. lie. 4 ,.. IlI.a.&UiII III\ILaIMDrT . . ,..., ----- -- 7 1%711 a 1.1171 ___ JIIIUI'IMI ~ -"'... ..........,.. - - - c !,,"', V ~" ) ......, EldlibilC Pap: 1 019 EXHIBIT C RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 995 OF THE CITY OF SAN BERNARDINO (VERDEMONT AREA) A Special Tax (the "Special Tax") shall be levied on and collected from each parcel in Community Facilities District No. 995 in each Fiscal Year, commencing July 1, 1990, in an amount determined by the City Council of the City of San Bernardino through the application of the appropriate Special Tax for "Developed Property" and "Undeveloped Property" in Special Tax Area A, Special Tax Area B, Special Tax Area C and Special Tax Area D, as described below. All of the property in the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Division 2 'of Title 5 of the Government Code of the State of California. "Assigned Special Tax" means the Special Tax for each Land Use Class, as determined by reference to Table I of Section C tJelow. "Attached" means Developed Property which contains a structure or structures, made of two or more units that share common walls. "Backup Special Tax" means an amount equal to $.144 per square foot of Assessor's Parcel for Special Tax Area A, $0.163 per square foot of Assessor's Parcel for Special Tax Area B, $0.139 per square foot of Assessor's Parcel for Special Tax Area C and $0.155 per square foot of Assessor's Parcel for Special Tax Area D applicable to each parcel of Taxable Property within each Special Tax Area in Fiscal Year 1990-91. "City" means the City of San Bernardino. "Council" means the City Council of the City of San Bernardino. "Developed Property" means all Taxable Property in the District as of July 1 of any year for which . . (~ '- ".... .., I / '-,~ '-' P.mibil C 1'ap:2O(9 a foundation building permit has been issued as of March 1 of the prior Fiscal Year, but not prior to March 1, 1990. "District" means Community Facilities District No. 995 of the City of San Bernardino. "Facilities" means any improvements or facilities designated by the Council with an estimated useful life of five years or longer which are eligible for financing under the provisions of the Act. "Fiscal Year" means the period starting July 1 and ending the following June 30. "land U~ Class. means any of the categories listed in Table I of Section C below to which a parcel is assigned consistent with the provisions hereof. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C, that can be levied by the Council in any Fiscal Year for each class of Developed Property and for Undeveloped Property, as applicable. "Special Tax" means the Special Tax for each Land Use Class, determined in accordance with Section.c below, that can be levied by the Council in any Fiscal Year. "Special Tax Requirement" means each Special Tax Area's prorata share (as described in the Public Report for the District), to be determined annually by the Council, of the authorized costs and expenses of the District including those necessary to administer the bonds, collect and administer the Special Taxes, and administer the District, to pay current debt service on the bonds, to accumulate funds for future debt service, to pay amounts delinquent on the bonds, to replenish the reserve fund to its proper level (including payments to be made from the reserve fund based upon past Special Tax delinquencies), to compensate for anticipated Special Tax delinquencies (based upon past delinquency experience), to pay directly for Facilities or to accumulate funds for that purpose, and to pay for aU authorized services. "Ta.uble Property" means all of the Assessor's Parcels within the boundaries of the District which are not exempt from the Special Tax pursuant to iaw or Section E below. "Undeveloped Property" means all Taxable Property in Area A not classified as Developed Property. B. ASSIGNMENT TO LAND USE CATEGORIES On July 1 of each year, all Taxable Property y;ithin each Special Tax Area shall be categorized either as Developed or Undeveloped Property, and shall be subject to tax in accordance with the rate and method of apportionment determined pursuant to Sections C and D below. . . c /"-'~ "-.. '\ J \ j FDibil C p.... 3 of 9 For purposes of determining the applicable Maximum Special Tax pursuant to Section C, and depending on its land use, Developed Property shall be assigned to one of the classes designated in Table I below. c ("....., '-' ,r-, .-...) ) &bibilC raF4of9 The square footage of a Commercial/lndustrial building shall be computed from the gross square footage for the building(s) as reflected in the building plans upon which the building permit(s) for such parcel was issued. The acreage of a CommerciaVIndustrial parcel shall be determined by reference to the then current Assessor's Parcel Map and, if appropriate, to the most current parcel map or other subdivision tract map recorded with the Office of the Recorder for San Bernardino County. C. MAXIMUM SPECIAL TAX RATE 1. Developed Property The Maximum Special Tax for an Assessor's Parcel classified as Developed Property shall be the greater of (i) the amount derived by multiplying the square footage of such Assessor's Parcel times the Backup Special Tax or (ii) the Assigned Special Tax determined by reference to Tables I-IV below. For purposes of this Section C, the acreage or square footage of an Assessor's parcel shall be determined by reference to the then current ASsessor's Parcel Map and, if appropriate, to the most current parcel map or other subdivision tract map recorded with the Office of the Recorder for Orange County. Notwithstanding the above, for Attached Residential Developed Property, a portion of the acreage in a recorded tract map shall be taxed as Undeveloped Property if building permits for one or more, but not all, of the units in the approved condominium or site plan for that map have been issued. The acreage in a recorded tract map to be taxed as Undeveloped Property shall equal the proportion of the associated condominium or site plan's approved units for which building permits have not been issued, multiplied by the total acreage within that tract map. Notwithstanding Section E below, for purposes of computing the Backup Special Tax for Attached Residential Developed Property, the acreage or square footage of land area shall be computed from the underlying parcel as indicated on the most recent Assessor's Parcel Map or final subdivision tract map. Each residential unit shall be assigned an equal percentage of the underlying assessor's parcel or lot. In making the computations set forth in this Section C (1) and in determining the Maximum Special Tax which may be levied in any Fiscal Year, on July 1, 1991 and on each July 1 thereafter, the Backup Special Tax and the Assigned Special Tax for each class set forth in Table I shall be increased by an amount equal to 2.0% of the amount in effect for the previous Fiscal Year. ....... -' .:) f"'.... ""' " EdIibilC Pop:Sof9 TABLE I SPECIAL TAX AREA A Assigned Special Taxes on Developed Property in Special Tax Area A (Fiscal Year 1990-91) Per Unit (Residential) and Per Acre (CommerciaVIndustrial) Assigned Special Land Use Tax (Fiscal Class Descriotion Sauare Foot8l!e Year 1990-91) 1 Single Family Detached 2,200 SF and above $1,500 per unit 2 Single Family Detached 1,800 . 2,199 SF $1,364 per unit 3 Single Family Detached < 1,800 SF $1,160 per unit 4 Attached Not Applicable $6,273 per acre 5 CommerciallIndustrial Not Applicable $6,273 per acre The Maximum Special Tax may exceed the Assigned Special Tax for some Assessor's Parcels within each class if the Backup Special Tax alternative is used ($0.144 per square foot of Assessor's Parcel). As set forth in Section D below, the Backup Special Tax will only be employed as the Special Tax of last resort if the Council determines that the Backup Special Tax must in fact be levied. The Backup Special Tax mav only be applied to Single Family Detached lots larger than the following minimum sizes: Class 1: Class 2: Class 3: 10,416 square feet 9,472 square feet 8,055 square feet - - - . . c o ~../ :J Blbibil C PaF6o(9 TABLE n SPECIAL TAX AREA B Assigned Special Taxes on Developed Property in Special Tax Area B (Fiscal Year 1990-91) Per Unit (Residential) and Per Acre (Commercial/lndustrial) Assigned special Land Use Tax (Fiscal Class Descriution Sauare Footal!e Year 1990-91) 1 Single Family Detached 2,200 SF and above $1,378 per unit 2 Single Family Detached 1,800 - 2,199 SF $1,252 per unit 3 Single Family Detached < 1,800 SF $1,065 per unit 4 Attached Not Applicable $7,100 per acre 5 Commercial/lndustrial Not Applicable $7,100 per acre The Maximum Special Tax may exceed the Assigned Special Tax for some Assessor's Parcels within each class if the Backup Special Tax alternative is used ($0.163 per square foot of Assessor's Parcel). As set forth in Section D below, the Backup Special Tax will only be employed as the Special Tax of last resort if the Council determines that the Backup Special Tax must in fact be levied. The Backup Special Tax may only be applied to Single Family Detached lots larger than the following minimum sizes: Class 1: Oass 2: Class 3: 8,453 square feet 7,680 square feet 6,533 square feet - - ~ - - c o """\ -....; :J I!IhibilC P.7ol9 TABLE ill SPECIAL TAX AREA C Assigned Special Taxes on Developed Property in Special Tax Area C (Fiscal Year 1990-91) Per Unit (Residential) and Per Acre (Commercial/lndustrial) Assigned Special Land Use Tax (Fiscal Class DescriDtion Sauare Foota2e Year 1990-91) 1 Single Family Detached 2,200 SF and above $1,527 per unit 2 Single Family Detached 1,800 - 2,199 SF $1,388 per unit 3 Single Family Detached < 1,800 SF $1,180 per unit 4 Attached Not Applicable $5;968 per acre 5 Commercial/Industrial Not Applicable $5,968 per acre The Maximum Special Tax may exceed the Assigned Special Tax for some Assessor's Parcels within each dass if the Backup Special Tax alternative is used ($0.139 per square foot of Assessor's Parcel). As set forth in Section D below, the Backup Special Tax will only be employed as the Special Tax of last resort if the Council determines that the BackllP Special Tax must in fact be levied. The Backup Special Tax may only be applied to Single Family Detached lots larger than the following minimum sizes: Class 1: Class 2: Class 3: 10,986 square feet 9,986 square feet 8,439 square feet - ~ - - c r '-' -# -.J l!IdIibj'C ...80(9 TABLE IV SPECIAL TAX AREA D Assigned Special Taxes on Developed Property in Special Tax Area D (Fiscal Year 1990-91) Per Unit (Residential) and Per Acre (Commercia1Jlndustrial) Assigned Special Land Use Tax (Fiscal Class Descriotion Sauare Footae:e Year 1990.91) 1 Single Family Detached 2,200 SF and above $1,336 per unit 2 Single Family Detached 1,800 - 2,199 SF $1,214 per unit 3 Single Family Detached < 1,800 SF $1,032 per unit 4 Attached Not Applicable $6,752 per acre 5 Commercial/Industrial Not Applicable $6,752 per acre The Maximum Special Tax may exceed the Assigned Special Tax for some Assessor's Parcels within each class if the Backup Special Tax alternative is used ($0.155 per square foot of Assessor's Parcel). As set forth in Section D below, the Backup Special Tax will only be employed as the Special Tax of last resort if the Council determines that the Backup Special Tax must in fact be levied. The Backup Special Tax may only be applied to Single Family Detached lots larger than the following minimum sizes: CI~I: Cla!s 2: Class 3: 8,619 square feet 7,832 square feet 6,658 square feet . 2. Undeveloped Property The 1990-91 Maximum Spcc:al Tax for Undeveloped Property shall be $6,400 per acre for Special Tax Area A. $6,~OO rer acre for Special Tax Area B, $6,100 per acre for Special Tax Area C and $6,600 per dcre fer Special Tax Area D. In making the computation set forth in Section C (2) and in determining the Assigned Special Tax and the Maximum Special Tax on Undeveloped Property which may be levied in any Fiscal Year, on July 1, 1991 and on any July 1 thereafter, the Assigned Special Tax and the Maximum Special Tax fer Undeveloped Property shall be increased by an amount no greater than 2.0% of the amount in effect for the previous Fiscal Year. c c . '\ .....l ) ElllibilC Pap: 9 or 9 D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO DEVELOPED PROPERlY AND UNDEVELOPED_l'ROPERTY Starting in Fiscal Year 1990-91 and for each following Fiscal Year, the Council shall determine the amount of money to be collected from Taxable Property in each Special Tax Area in the Fiscal Year (the Special Tax Requirement). The Council shall levy the Special Tax as follows until the amount .of the levy equals the Special Tax Requirement: First: The Special Tax shall be levied on Developed Property, exclusive of property exempt from Special Taxes pursuant to Section E below, in equal percentages up to 100% of the Assigned Special Tax Rate for each class of Developed Property for such Fiscal Year determined by reference to Tables I-IV; Second: If additional monies are needed after the first step has been completed, the Special Tax shall be levied on each parcel of Undeveloped Property, exclusive of Undeveloped Property exempted by law or by the provisions of Section E, (below), in equal percentages (up to 100%) of the Maximum Special Tax; Third: If additional monies are needed after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Special Tax Rate shall be increased in equal percentages from the Assigned Special Tax Rate up to the Maximum Special Tax Rate for each such Assessor's Parcel for such Fiscal Year; Fourth: If additional monies are needed after the first three steps have been completed, then the Special Tax shall be levied proportionately on each parcel of Developed or Undeveloped Property owned by a homeowners' association which has not been exemptc::d from the Special Tax pursuant to Section E, up to the Maximum Special Tax for Undeveloped Property; and Fifth: If additional monies are needed after the first four steps have been completed, then the Special Tax shall be levied proportionately on each parcel of Developed or Undeveloped Property conveyed or irrevocably offered to a public agency which has not been exempted from the Special Tax pursuant to Section E, up to the Maximum Special Tax for Undeveloped Property. E. EXEMPTIONS A Special Tax shall not be imposed on up to 66.48 acres of Undeveloped Property conveyed or' irrevocably offered to a public agency or conveyed to a homeowners' association (9.55 acres for Special Tax Area A, 17.47 acres for Special Tax Area B, 20.0 acres for Special Tax Area C and 9.46 acres for Special Tax Area D). The acres exceeding such total of acres shall be taxed consistent with Undeveloped Property to the extent set forth in the Fourth and Fifth Steps of Section D . . 1.".,. '-,. .....,~ J I!Ihibi.C Pap: 10 of9 above. Under no circumstances shall the Council impose a Special Tax on land which is a public right of way or which is a utility property utilized for the provision of services to the public or a property encumbered with public or utility easements making impractical its utilization for other than the purposes set forth in the easement. F. REVIEW/APPEAL COMMITTEE The Council shall establish as part of the proceedings and administration of the District a special three-member Review/Appeal Council. Any landowner or resident who feels that the amount of the Special Tax, as to their parcel, is in error may file a notice with the Review/Appeal Council appealing the amount of the Special Tax levied on such parcel. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment of the Special Tax and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. G. MANNER OF COLLECTION The special taxes will be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the district may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. In the event of a delinquency, Community Facilities District No. 995 will pursue foreclosure in a timely manner. sb\cfd995.rp. DTA 05/30/1990 . . f' C...- :J ......,., RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO 3 A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING THE NECESSITY TO INCUR A BONDED INDEBTEDNESS TO PAY FOR CERTAIN PUBLIC FACILITIES WITHIN COMMUNITY FACILITIES DISTRICT NO. 995 (VERDEMONT AREA), CALLING A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT THE PROPOSITION OF INCURRING SUCH BONDED INDEBTEDNESS AND DESIGNATING THE CITY CLERK OF THE CITY AS THE ELECTION OFFICIAL 4 5 6 7 8 9 WHEREAS, the Common Council (the "Common Council") 10 of the City of San Bernardino ("the City") has heretofore on II April 16, 1990, dUly adopted Resolution No. 90-140. declarinq 12 13 it!! intention to establish a community facilities district and to levy a special tax to pay for certain public facilities in 14 and for such community facilities district under and pursuant 15 to the terms and provisions of the "Mello-Roos Community 16 Facilities Act of 1982" (the "Act"), beinq Chapter 2.5, Part 17 1. Division 2, Title 5 of the Government Code of the State of /8 ~alifornia. which such community facilities district was desiqnated as "City. of San Bernardino Community Facilities 19 20 District No. 995 (Verdemont Area)" (the "Community Facilities 21 District"): and 22 WHEREAS. the Common Council has heretofore on 23 April 16. 1990, dUly adopted Resolution No. 90-136 declarinq 24 its intention to incur a bonded indebtedness in the amount of 25 eleven million dollars ($11,000,000) to finance certain public facilities. includinq an infrastructure development fee (the 26 27 "Fee") for units to be constructed in the Verdemont Area of 28 the City authorized pursuant to Ordinance No. MC-707 of the 06/12/90 . . ... r'.~. ...... RESOLUTION DECLARING NOSSITY TO ,)CUR BONDED INDEBTEDNESS ~) 2 City (the ROrdinanceR), to provide for the acquisition, construction and installation of full-width street 3 improvements, including full-width paving, curbs and gutters, sidewalks, street lights, sewer mains, storm drains and catch basins, together with auxiliary structures and appurtenances, including the acquisition of all necessary easements and rights-of-way and to provide school facilities to serve the 4 5 6 7 8 9 10 " 12 13 development within the Verdemont Area of the City of San Bernardino (the RFacilitiesR), which bonded indebtedness shall be secured by the levy of a special tax within the Community Facilities District; and 14 WHEREAS, pursuant to Resolution No. 90-140, a public hearing was held by the City Council on May 21, 1990, or as soon thereafter as the matter could be heard, at which hearing all persons interested, including all taxpayers, property 15 16 owners and registered voters within the Community Facilities District were given an opportunity to appear and be heard, and 17 18 the testimony of all ~nterested persons or taxpayers for or against the establishment of the Community Facilities District 19 20 21 22 23 and the levy of the special tax therein, or the extent of the Community Facilities District, or the type and extent of the Facilities, or the establishment of an appropriations limit therefor, or any other matters set forth in said Resolution 24 No. 90-140, was heard and considered; and B WHEREAS, at the end of said pUblic hearing the 26 Common Council duly adopted a Resolution of the City 27 establishing the Community Facilities District; and 28 III 2 2259c 06/12/90 . . L RESOLUTION DECLARING NP~SSITY TO~CUR BONDED INDEBTEDNESS ) '.J' 2 3 WHEREAS, pursuant to said Resolution No. 90-136, a public hearing was held by the Common Council on May 21, 1990, at which hearing any persons interested, including ail taxpayers, property owners and registered voters within the Community Facilities District, were given an opportunity to 4 5 6 7 appear and be heard on the proposed debt issue or any other matters set forth in said Resolution No. 90-136, and they were permitted to present any matters relating to the necessity for incurring such bonded indebtedness to pay for all or a portion of the Facilities and to be secured by a special tax to be 8 9 10 II levied within the Community Facilities District: and 12 13 WHEREAS, the Common Council is fully advised in the premises: 14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND 15 16 COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: Section 1. All of the above recitals are true and 17 correct. 18 Section 2. The Common Council hereby declares and 19 deems that the public convenience and necessity require and it w is necessary that bonded indebtedness be incurred to finance all or a portion of the Facilities as more particularly set forth in Exhibit B to Resolution No. 90-140 for the Community Facilities District. 21 22 n 24 Section 3. The purpose for the proposed bonded 25 indebtedness is to finance the Facilities, inCluding capacity 26 and connection fees, together with incidental expenses 27 consisting the costs of planning and designing such 28 facilities, inCluding the costs of environmental evaluations 3 2259c 06/12/90 . . c RESOLUTION DECLARING N~SSITY TO~. CUR BONDED INDEBTEDNESS 0...,1 ,j ) thereof, all costs associated with the establishment of the 2 3 Community Facilities District, the issuance of bonds, the determination of the amount of any special taxes to be levied, 'I the cost of cOllecting any special taxes, and costs otherwise 5 incurred in order to carry out the authorized purposes of the Community Facilities District, together with any other 6 7 8 9 10 expenses incidental to the acquisition, construction, completion and inspection of the Facilities. Section 4. The whole of the territory within the Community Facilities District, as indicated on the amended map II approved by the Common Council on this date, will be benefited by such bonded indebtedness and will be SUbject to 12 13 a special tax to pay for such bonded indebtedness, as set forth in the resolution establishing the Community Facilities ''I 15 District. 16 Section 5. The amount of the proposed bonded indebtedness to be incurred to finance all or a portion of the Facilities (including incidental expenses as authorized by the Act) is eleven minion dollars ($11,000,000). 17 18 19 20 Section 6. The maximum term of the bonds shall not 21 exceed forty (40) years from the date of the bonds, or the date of any series thereof. 22 23 Section 7. The maximum annual rate or rates of 24 interest to be paid on the bonds shall not exceed the maximum annual rate permitted by law at the time of the sale of the bonds, as determined at that time, payable semiannually commencing the first March 1 or September 1 following their date. 25 26 27 28 4 2259c 06/12/90 .0 - c RESOLUTION DECLARING NEq.ao;;SITY TO ro' ":u" Br!'lDED INDEBTEDNESS '-' / .) Section 8. The Common Council hereby declares that 2 3 the proposition of incurring such bonded indebtedness shall be submitted to the qualified electors within the Community 4 Facilities District and shall be combined in one ballot 5 proposition with the question of levying a special tax within 6 the Community Facilities District and the establishment of an 7 8 appropriations limit in the amount of $1.100.000 per fiscal year in connection therewith. all in accordance with and 9 subject to the Act. all the terms of which shall be applicable 10 to such election. II Section 9. An election shall be and is hereby 12 called and ordered to be held in the Community Facilities 13 District on Wednesday. June 26. 1990. at which election there 14 shall be submitted to the qualified electors within the 15 Community Facilities District the combined ballot proposition of levying a special tax. of establishing an appropriations limit and of incurring such bonded indebtedness. such combined ballot proposition to read substantially as set forth in Exhibit A hereto. with such changes therein as shall be 16 17 18 19 20 21 requested by the City Clerk as the designated election official of the Community Facilities District. 22 23 24 Section 10. If the combined proposition for the levying of such special tax. the establishing of such appropriations limit and the incurring of such bonded 25 indebtedness receives the approval of more than two-thirds (2/3) of the votes cast on the proposition. the bonds may be issued and sold for the purpose for which authorized. and the bonds (except where funds are otherwise available) shall be 26 27 28 5 2259c 06/12/90 . . - c RESOLUTION DECLARING N~~SITY TO - :J ~UR BONDED INDEBTEDNESS ./ 2 3 paid eXClusively from the annual levy of such special tax and are not and shall not be secured by any other taxing power or funds of the City or other pUblic agency or the Community Facilities District. 4 5 Section 11. The Common Council does hereby submit 6 to the qualified electors within the Community Facilities District at said special election the combined ballot 7 8 9 10 . proposition described in Section 9 of this resolution, and designates and refers to said proposition in the form of ballot hereinafter prescribed for use at said election. (a) Said special election shall be held and conducted, and the votes thereat canvassed and the returns II 12 13 thereof made, and the results thereof ascertained and 14 determined, as herein provided; and in all particulars not prescribed by this resolution said special election shall be held and conducted and the votes received and canvassed in the 15 16 17 18 manner provided by the laws regulating elections of the City and consistent with the Act. (b) The' requirements of Section 53326 of the Act 19 20 have been waived by each landowner; the ballots for the special election shall be distributed by personal or maiied delivery to each of the landowners within the Community Facilities District. Each landowner shall have one vote for 21 22 23 24 each acre or portion thereof that he, she or it owns within 25 the Community Facilities District, as provided in Section 26 27 53326 of the Act. (c) All qualified electors qualified to vote at 28 elections in the Community Facilities District upon the date 2259c 6 06/12/90 - - "c RESOLUTION DECLARING NE'::;SSITY TO . .lUR BONDED INDEBTEDNESS ~) 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of the special election herein provided for shall be qualified to vote upon the measure submitted at said special election. (d) On the ballots to be used at said special election, in addition to all other matters required by law to be printed thereon. shall appear the measure described in Section 9 hereof. Each voter to vote for said measure and for levying said special tax. establishing such appropriations limit and incurring said bonded indebtedness shall mark the ballot card in the space opposite the word .YES. or to vote against said measure and against levying said special tax. establishing such appropriations limit and incurring said bonded indebtedness shall mark the ballot card in the space opposite the word .NO.. (e) The ballots to be used at said special election must be received in the office of the City Clerk by 4:30 p.m. the date of the election. (f) The City Clerk shall commence the canvass of the returns of the srecial election at 9:00 A.M. on the day following the date'of the special election and at the conclusion thereof shall determine the results of the special election and shall certify said results to the Common Council. (g) The Common Council shall declare the results of said special election at the next regular meeting fOllowing the date of the election. and shall cause to be spread upon its minutes a statement of the results of said special election as ascertained by said canvass. 7 2259c 06/12/90 . . C RESOLUTION DECLARING NOSITY TO . :;CUR BONDED INDEBTEDNESS ~ \ ./ 2 3 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 4 _ day of , 1990, by the following vote, to wit: 5 6 Council Members: Ana BAD ABSTAIN 7 8 ESTRADA 9 REILLY 10 FLORES " MAUDSLEY 12 13 MINOR POPE-LUDLAM 14 MILLER 15 16 17 City Clerk 18 19 The foregoing resolution is hereby approved this 20 _ day of , 1990. 21 22 23 W. R. Holcomb, Mayor City of San Bernardino 24 Approved as to form and legal content: JAMES F. PENMAN, City Attorney 25 26 27 By: 28 8 2259c 06/12/90 <: RESOLUTION DECLARING N~SSITY TO ~CUR BONDED INDEBTEDNESS \ .~ EXHIBIT A 18 PROPOSITION XXX: Shall City of San Bernardino Community Facilities District No. 995 (Verdemont Area) be authorized to finance certain public facilities, including all or a portion of the Verdemont Area infrastructure development fee, representing the acquisition, construction and installation of full-width street improvements, including full-width paving, curbs and gutters, sidewalks, street lights, sewer mains, storm drains, catch basins, together with auxiliary structures and appurtenances and including the acquisition of all necessary easements and rights-of-way, and school facilities to serve the development within the Verdemont Area of the City of San Bernardino, by incurring a bonded indebtedness in the principal amount of $11,000,000 and shall an appropriations limit in the amount of $1,100,000 per fiscal year in connection therewith be established for the Community Facilities District, and shall a special tax with a maximum rate and method of apportionment as provided in Exhibit C to Resolution No. 90-___ adopted by the Common Council of the City of San Bernardino on June 12, 1990, which is incorporated by reference herein, be levied to pay for such facilities, including the payment of current and future principal of and interest on such bonds and the annual administration expenses of the City and the Community Facilities District in determining, apportioning, levying and cOllecting the special tax, and including the repayment of funds advanced to or on behalf of the Community Facilities District? 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 19 20 21 22 n ~ 25 26 V 28