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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's Office Bernardino declaring the intention to
O R 1 G 1 N A I establish a community facilities district for
Date: December 9, 2003 LJhe ongoing operation and maintenance of a
fire station for the Verdemont area.
Meeting Date: 12/15/03
Synopsis of Previous Council Action:
September 2,2003 - Mayor and Common Council authorize staff to proceed with preparation of
documents and appropriate Municipal Code amendments to impose a special tax district for the
operation and maintenance ofthe proposed Verdemont Fire Stanton on new development only.
Recommended Motion:
Adopt Resolution.
Contact person: Fr"r1 Wil.nn
Phone: y~l??
Supporting data attached: staffr~ort & resolution Ward: 5
FUNDING REQUIREMENTS:
Amount: None.
Source: (Acct. No.)
(Arrt n,:llc:rrirtinn)
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino declaring
the intention to establish a community facilities district for new development for the
ongoing operation and maintenance of a fire station for the Verdemont area.
Backl!round:
On September 2, 2003, the Mayor and Common Council authorized the initiation of the
first steps in the process for the formation of a Special Tax District for the payment of a
portion of the costs of the Verdemont Fire Station. Attached for consideration is a
Resolution of Intention for the formal initiation of the Special Tax District formation
process.
Pursuant to the California Environmental 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 are likely
to cause substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat. Therefore, the approval of a tentative map within the Verdemont
Fire Station Area maybe withheld until the significant impact is mitigated by the
Developer either paying the mitigation fee (i.e. the In-Lieu Fee) or, in the alternative,
3lll1exing the subdivision into the Special Tax District.
Also attached is a spreadsheet setting forth the assumptions that were used to determine
the special tax rate for new residential development on an 3lll1ual basis and the special tax
rate for new industrial, commercial and retail projects. The special tax is subject to an
3lll1ual increase of 2% per year. The initial year tax rate for new residential units is $350
per dwelling unit and $2,445 per acre for new industrial, commercial and retail projects
and which tax rate is also subject to a 2% 3lll1ual increase.
Additional documents in the form of resolutions and ordinances will be brought forward
to the Mayor and Common Council to amend the Municipal Code to include a
Verdemont Fire Station operations mitigation fee (In-Lieu Fee). Each developer of a new
project in the Verdemont Fire Station Service Area will have the ability to either pay the
mitigation fee as will be required in the proposed amendments to the Municipal Code or
to elect to 3lll1ex into the Special Tax District. 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.
Both the special tax and the Verdemont Fire Station operations mitigation fee would only
apply to newly developed projects in the Verdemont Fire Station Service Area and not to
any existing development.
4845-3885-8752.1
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Both the special tax and the Verdemont Fire Station operations mitigation fee would only
apply to newly developed projects in the Verdemont Fire Station Service Area and not to
any existing development.
Fiscal Impact:
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 special tax and the Verdemont Fire Station
Operations Mitigation fee with the City General Fund paying the remaining operations
and maintenance expenses annually.
Recommendation:
Adopt Resolution.
4845-3885-8752.1
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RESOLU~~a
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DECLARING THE INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE
ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE
VERDEMONT AREA
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
WHEREAS, the public interest, convenience; and necessity require. and it is the
intention of the Mayor and Common Council, pursuant to California Government Code Section
53311.....et seq., sometimes commonly referred to as the "Mello-Roos Community Facilities
District Act" (the "Act"), to levy and collect assessments on new development within
Community Facilities District No. 1033, City of San Bernardino, California (the "District");
and
WHEREAS, the future development of the District with the construction of residential
and commercial structures and improvements shall have a significant impact on the
environment, including public agencies which will service the District with fire and safety
protection; and
WHEREAS, currently the District is not provided with adequate fire and safety
protection and in light of the recent fires which ravished the City, it is in the best interest of the
City to provide additional fire and safety protection for this area prior to any new development
as well as provide for a guaranteed means to pay for such ongoing protection; and
WHEREAS, in compliance with Public Resources Code Section 2 I 000 et. seq., the
California Environmental Quality Act ("CEQA"), the City may mitigate such significant
adverse environmental impacts, including the continuing maintenance and operation of a fire
station within the District, by requiring developers to pay a mitigation fee; and
WHEREAS, prior to the approval of any subdivision map or other construction, the
City may require such future development within the District to mitigate such significant
adverse impacts pursuant to Government Code Section 66474(e); and
WHEREAS, the City has complied with Government Code Section 53312.7 by
considering and adopting goals and policies relative to the creation of Mello-Roos community
facilities districts in accordance with the Act, and such goals and policies are on file with and
available from the City Clerk; and
III
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DECLARING THE INTENTION TO ESTABLISH A
1 COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE
ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE
2 VERDE MONT AREA
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WHEREAS, the proposed District antiCipates that only properties with new
development shall be eligible for inclusion within the District at a later date which are located
within the Verdemont Area and generally within the City boundaries located north and
northwesterly of University Parkway to the Devore Road exit on the 1-215 Freeway, and
including such other properties with new development that are 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 ofthe District for which a diagram is attached hereto, where such diagram sets
forth the precise exterior boundaries of the initial scope of the District; and
WHEREAS, the Verdemont Fire Station shall be located at the intersection of Kendall
Drive and Palm A venue and is presently intended to be constructed with the proceeds of a State
of California Infrastructure Bank financing in the principal amount in excess of $2,000,000 to
be repaid from funds collected upon payment of the Verdemont Area Infrastructure Fee by new
development within the Verdemont Area 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 to service the fire and safety needs of properties both within the
Verdemont Area of the City and the District; and
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 service within the
Verdemont Area as such new development continues to occur in areas northerly of existing fire
station service areas, and that such 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; and
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, 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 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 the District 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 are voluntarily included in the
District by the applicable property owner as nonexempt real property in the District which Tax
will be annually levied solely within the District boundaries as the same may exist from year to
year; and
4814-3671-2192.1
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DECLARING THE INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE
ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE
VERDEMONT AREA
WHEREAS, the District 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; 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 the District setting forth projected
costs, expenses and assessments for the District 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 year 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 the District 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;
(b) Commercial, Retail, Office Zone: $2,445.00 per acre per year
of development area as set forth in the site plan or parcel 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 parcel map, and such rate shall be
subject to an increase not to exceed 2% annually; and
WHEREAS, if during the first year or any year thereafter the Tax generates sufficient
funds to pay for the entire O&M Expenses and any portion of the O&M 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 the District and for which there is no effective means to collect the Tax from such
properties that have previously been fully developed; and
III
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4814-3671-2192.1
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DECLARING THE INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE
ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE
VERDEMONT AREA
WHEREAS, in lieu of paying the Tax annually 1 a property owner seeking to develop a
parcel within the District 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
unit an In-Lieu Fee
$6,349.88 per residential dwelling
Commercial, Retail, Office Zone $44,358.47 per
development as set forth on a site plan of development as an In-Lieu Fee
acre
of
Industrial Zone $44,358.47 per
development as set forth on a site plan of development as an In-Lieu Fee
acre
of
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 the District,
(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 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 year, based upon a cost
inflation formula to be continued in the Estimated Cost Report and the Engineer's Report and
made a part of the formation documents for the District, from the previous year for any
property located within the District that was previously assessed and charged with the Tax in
the immediately preceding year; and
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 other parcels
within the District or due to the application of a annual inflationary cost adjustment formula;
and
WHEREAS, upon adoption of this Resolution of Intention the Mayor and Common
Council shall direct the City Administrator and the City Engineer to prepare all Engineer's
Report which shall include the following studies and findings:
(a) complete a study of the proposed District and for which there shall be filed an
Engineer's Report with the Mayor and Common Council prior to the time of the public hearing
setting forth the findings made therein;
III
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DECLARING THE INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE
ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE
VERDE MONT AREA
(b) the Engineer's Report shall include a brief description of the services and
maintenance to public facilities and the operating costs thereof which will be provided within
the District which shall be the estimated O&M Expenses and which will be 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 the District for the next five (5)
years;
(c) the Engineer's Report shall include an estimate of the cost of providing for the
O&M Expenses for the first five (5) years for each zone within the District, including a brief
explanation justifying the amount of the Tax for each zone type and 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
WHEREAS, in the event a Resolution of Formation is adopted pursuant to the
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 of the
proposed District consisting of the vacant land intended to be initially placed within the District
shall be held and the City Clerk shall prepare and distribute ballots in accordance with
Government Code Section 53326.
WHEREAS, the Tax shall continue until the earlier to occur of (i) the City records a
Notice of Cessation of Special Tax pursuant to Section 53330.5 of the Government Code or (ii)
the fiscal tax year ending June 30, 2034.
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DECLARING THE INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE
ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE
VERDE MONT AREA
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
Section 1. The above Recitals are true and correct in all respects and are incorporated
herein by reference.
Section 2. The Mayor and Common Council hereby intend to levy and collect special
taxes within Community Facilities District No. 1033 in accordance with Government Code
Section 53311, et seq., which provides for the formation of a Mello-Ross community facilities
district for the maintenance and operation of the Verdemont Fire Station.
Section 3. The Mayor and Common Council hereby direct the City Administrator and
the City Engineer as the responsible officers who will be supplying maintenance and services to
the District to conduct a study and file an Engineer's Report setting forth appropriate findings
prior to the public hearing regarding this matter.
Section 4. The Mayor and Common Council hereby direct that a public hearing be set
regarding the establishment of the District not later than 60 days from the date of adoption of
this Resolution and that the City Clerk publish notice of such hearing in accordance with
Government Code Section 53322. The Mayor and Common Council acknowledge that within
the service area of the Verdemont Fire Station are 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. It has been represented to the Mayor
and Common Council, and subject to verification in the Engineer's Report to be submitted at a
later date, 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 that the provisions of the District and the levy of the Tax or the
payment of the In-Lieu Fee shall apply to all such new development and not to any existing
development within the service area of the Verdemont Fire Station. The Mayor and Common
Council recognize that the District could be rescinded in the future under the laws of the State
of California by the vote of the electorates than residing within the District boundaries.
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4814-3671-2192.1
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DECLARING THE INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE
ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE
VERDEMONT AREA
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
, 2003, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN-LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
2003.
The foregoing resolution is hereby approved this
day of
Approved as to
Form and legal content:
Judith Valles, Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney
By
4814-3671-2192.1
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: September 30, 2003
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino declaring the intention to
establish a community facilities district for
the ongoing operation and maintenance of a
fire station for the Verdemont area.
From: Fred Wilson, City Administrator
Dept: City Administrator's Office
Synopsis of Previous Council Action:
September 2,2003 - Mayor and Common Council authorize 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.
Recommended Motion:
Adopt Resolution.
Contact person: l<r"rl Wilonn
Phone: y~l??
Supporting data attached: ~taffr~ort !ij)reacl ~heet, &Ward: 5
resolution.
FUNDING REQUIREMENTS: Amount: None.
Source: (Accl. No.)
(Ar.M njO~,..rirtinn)
Finance:
Council Notes:
Agenda Item No.
If)
/D/0/03
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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino declaring
the intention to establish a community facilities district for the ongoing operation and
maintenance of a fire station for the Verdemont area.
Backl!round:
On September 2, 2003, the Mayor and Common Council authorized the initiation of the
first steps in the process for the formation of a Special Tax District for the payment of a
portion of the costs of the Verdemont Fire Station. Attached for consideration is a
Resolution of Intention for the formal initiation of the Special Tax District formation
process.
Also attached is a spreadsheet setting forth the assumptions that were used to determine
the special tax rate for residential development on an annual basis and the special tax rate
for industrial, commercial and retail projects. The special tax is subject to an annual
increase of 2% per year. The initial year tax rate for residential units is $350 per dwelling
unit and $2,445 per acre for industrial, commercial and retail projects and which tax rate
is also subject to a 2% annual increase.
Additional document in the form of resolutions and ordinances will be brought forward to
the Mayor and Common Council to amend the Municipal Code to include a Verdemont
Fire Station operations mitigation fee. Each developer of a new project in the Verdemont
Fire Station Service Area will have the ability to either pay the mitigation fee as will be
required in the proposed amendments to the Municipal Code or to elect to annex into the
Special Tax District. It is estimated that the up front mitigation fee would be equal to
$6,349.88 for each residential dwelling unit and $44,358.47 per acre for each industrial,
commercial and retail project within the Verdemont Fire Station Service Area.
Both the special tax and the Verdemont Fire Station operations mitigation fee would only
apply to newly developed projects in the Verdemont Fire Station Service Area and not to
any existing development.
Fiscal Impact:
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 special tax and the Verdemont Fire Station
Operations Mitigation fee with the City General Fund paying the remaining operations
and maintenance expenses annually.
Recommendation:
Adopt Resolution.
1
Calculation and assumptions for final Verdemont Fire Station CFD special tax
I. Residential Calculation and AssumDtlons
average size house
assumed ratelsq ft
Tax Rate
2,200.00
$ 0.16
$ 352.00
II. Commlerlcal. Industrial and Retail AslumDtlonl
coverage factor/acre
land area of acre
assumed net land
assumed rate/sq ft
Tax Rate
33%
43 560.00
14,374.80
$ 0.17
$ 2,443.72
III. Calculation of Inflator Increases and PreDavmetn of Mltlaatlon Fee
Period
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Res Tax 6.00%
Calendar rate with PV factor PV of each
Year 2% Intfator m.ulll annual amt
2004 $ 350.00 1 $ 350.00
2005 $ 357.00 0.943396 $ 336.79
2006 $ 364.14 0.889996 $ 324.08
2007 $ 371.42 0.839619 $ 311.85
2008 $ 378.85 0.792094 $ 300.09
2009 $ 386.43 0.747258 $ 288.76
2010 $ 394.16 0.704961 $ 277.87
2011 $ 402.04 0.665057 $ 267.38
2012 $ 410.08 0.627412 $ 257.29
2013 $ 418.28 0.591898 $ 247.58
2014 $ 426.65 0.558395 $ 238.24
2015 $ 435.18 0.526788 $ 229.25
2016 $ 443.88 0.496969 $ 220.60
2017 $ 452.76 0.468839 $ 212.27
2018 $ 461.82 0.442301 $ 204.26
2019 $ 471.05 0.417265 $ 196.55
2020 $ 480.47 0.393646 $ 189.14
2021 $ 490.08 0.371364 $ 182.00
2022 $ 499.89 0.350344 $ 175.13
2023 $ 509.88 0.330513 $ 168.52 $4,977.86
2024 $ 520.08 0.311805 $ 162.16
2025 $ 530.48 0.294155 $ 156.04
2026 $ 541.09 0.277505 $ 150.16
2027 $ 551.91 0.261797 $ 144.49
2028 $ 562.95 0.246979 $ 139.04
2029 $ 574.21 0.232999 $ 133.79
2030 $ 585.70 0.21981 $ 128.74
2031 $ 597.41 0.207368 $ 123.88
2032 $ 609.36 0.19563 $ 119.21
2033 $ 621.55 0.184557 $ 114.71
$ 6,349.68 per house
Period
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Com, Ind
Roll Tax 6.00'10
Calendar rate with PV factor PV of each
Vear 2% Inlfator ~ annual amt
2004 $ 2,445.00 1 $ 2,445.00
2005 $2,493.90 0.943396 $ 2,352.74
2006 $2,543.78 0.889996 $ 2,263.95
2007 $2,594.65 0.839619 $ 2,178.52
2008 $2,646.55 0.792094 $ 2,096.31
2009 $2,699.48 0.747258 $ 2,017.21
2010 $2,753.47 0.704961 $ 1,941.09
2011 $2,808.54 0.665057 $ 1,867.84
2012 $2,864.71 0.627412 $ 1,797.35
2013 $2,922.00 0.591898 $ 1,729.53
2014 $2,980.44 0.558395 $ 1,664.26
2015 $3,040.05 0.526788 $ 1,601.46
2016 $3,100.85 0.496969 $ 1,541.03
2017 $3,162.87 0.468839 $ 1,482.88
2018 $3,226.13 0.442301 $ 1,426.92
2019 $3,290.65 0.417265 $ 1,373.07
2020 $3,356.46 0.393646 $ 1,321.26
2021 $3,423.59 0.371364 $ 1,271.40
2022 $3,492.06 0.350344 $ 1,223.42
2023 $3,561.90 0.330513 $ 1,177.26 $34,772.49
2024 $3,633.14 0.311805 $ 1,132.83
2025 $ 3,705.80 0.294155 $ 1,090.08
2026 $3,779.92 0.277505 $ 1,048.95
2027 $3,855.52 0.261797 $ 1,009.36
2028 $3,932.63 0.246979 $ 971.28
2029 $ 4,011.28 0.232999 $ 934.62
2030 $4,091.51 0.21981 $ 899.35
2031 $4,173.34 0.207368 $ 865.42
2032 $4,256.80 0.19563 $ 832.76
2033 $4,341.94 0.184557 $ 801.33
$44,358.47 pera~
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING THE INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR THE ONGOING OPERATION
AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA
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 Cali fomi a; and
WHEREAS, the public interest, convenience, and necessity require and it is the
intention of the Mayor and Common Council, pursuant to California Government Code
Section 53311 et. seq. (the "Act"), to levy and collect assessments within Community
Facilities District No.1 033, City of San Bernardino, California (the "District"); and
WHEREAS, the City has complied with Government Code Section 53312.7 by
considering and adopting goals and policies relative to the creation of the establishment
of community facilities districts in accordance with the Act, and such goals and policies
are on file with and available from the City Clerk; and
WHEREAS, the proposed District is located within the Verdemont Area and is
generally bounded by the properties presently within the City boundaries located north
and northwesterly of University Parkway to the Devore Road exit on the 1-215 Freeway,
and additionally including such other properties that are anticipated to annex into the City
at a later date, a diagram of which is attached hereto, where such diagram sets forth the
precise exterior boundaries of the District, property which may be annexed into the
District in the future, the boundaries of any zones within the District and the lines and
dimensions of each parcel of land within the District as they currently exist; and
WHEREAS, the Verdemont Fire Station to be located at the intersection of
Kendall Drive and Palm Avenue will be constructed with the funds collected from the
Verdemont Area Infrastructure Fee pursuant to Municipal Code Section 15.73, et seq.,
and will be operated and maintained to service the fire and safety needs within the
District; and
WHEREAS, the proposed special tax (the "Tax") is for the continued operation
and maintenance of the Verdemont Fire Station No., including but not limited to
compensation of employees, maintenance and operation of fire safety vehicles and the
fire station 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 where funds are otherwise available, the Tax shall be levied
in a sufficient amount to pay for all of the O&M Expenses, and will be secured by
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING THE INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR THE ONGOING OPERATION
AND MAlNTENACE OF A FIRE STATION FOR THE VERDEMONT AREA
recordation of a continuing lien against all nonexempt real property in the District which
Tax will be annually levied within the District; and
WHEREAS, the District shall be divided into zones depending upon the type of
use of the land; and
WHEREAS, pursuant to the estimated project cost report available from the City
Engineer setting forth projected costs, expenses and assessments for the District for the
initial year of operation of the Verdemont Fire Station (the "Estimated Cost Report") the
estimated cost for the first year ofO&M Expenses is $1,525,000 where the Tax shall be
assessed against all real property located within the District in the following manner:
(a) Residential Zone: $350.00 per dwelling unit
whether single family or multi-family unit and such rate shall be subject to an
increase of 2% annually;
(b) Commercial, Retail, Office Zone: $2,445.00 per per acre of
development area as set forth in the site plan or parcel map, and such rate shall be
subject to an increase of2% annually;
(c) Industrial Zone: $2,445.00 per acre of
development area as set forth in the site plan or parcel map, and such rate shall be
subject to an increase of 2% annually; and
WHEREAS, if during the first year or any year thereafter, ifthe Tax generates
sufficient funds to pay for the entire O&M Expenses and any portion of the O&M
Expenses are paid from sources other than assessments, the amount of such portion shall
first be deducted from the total estimated O&M Expenses and the assessment shall
include only the remainder of the O&M Expenses; 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 dwelling units and other commercial development that will served
by the Verdemont Fire Station 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 parcel within the District 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 amount and for which a further explanation of the In-Lieu Fee may be
found in the Estimated Cost Report:
4812-5818-8288.1
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING THE INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR THE ONGOING OPERATION
AND MAlNTENACE OF A FIRE STATION FOR THE VERDEMONT AREA
Residential Zone
Lieu Fee
$6,349.88 per residential dwelling unit In-
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 of development as an In-Lieu Fee
WHEREAS, the Tax and the In-Lieu Fee shall be recalculated annually to reflect
any changes in the O&M Expenses; the annexation of additional property into the
District; the payment of the O&M Expenses, or any portion thereof, with funds other than
the Tax, the amount of In-Lieu Fees available, and, any other changes which may affect
the estimated O&M Expenses for such year, except that in no event shall the Tax or the
In-Lieu Fee be increased by more than 2% from the previous year for any property
located that was previously assessed and charged with the Tax in the immediately
preceding year; and
WHEREAS, in no event shall the Tax be increased in excess ofthe annual 2%
amount as a consequence of any delinquency or default by the owner of any other parcels
within the District; and
WHEREAS, upon adoption of this Resolution of Intention the Mayor and
Common Council shall direct the City Administrator and the City Engineer to prepare an
Engineer's Report which shall include the following studies and findings:
(a) complete a study of the proposed District and file an Engineer's Report with
the Mayor and Common Council prior to the time of the public hearing of findings made
therein;
(b) the Engineer's Report shall include a brief description of the public facilities
and services which will be provided along with the estimated O&M Expenses which will
be 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
the District for the next five (5) years;
(c) the Engineer's Report shall include an estimate of the cost of providing for
the O&M Expenses for the first five (5) years for each zone within the District, including
a brief explanation justifYing the amount of the Tax for each zone type and any increase
or decrease thereof in subsequent years as well as the estimate In-Lieu Fee for each zone
for all years evaluated in the report; and
4812-5818-8288.1
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING THE INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR THE ONGOING OPERATION
AND MAINTENACE OF A FIRE STATION FOR THE VERDEMONT AREA
WHEREAS, in the event a Resolution of Formation is adopted pursuant to the
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
ofthe proposed District shall be held and the City Clerk shall prepare and distribute
ballots in accordance with Government Code Section 53326.
WHEREAS, the Tax shall continue until the earlier to occur of (i) the City
records a Notice of Cessation of Special Tax pursuant to Section 53330.5 of the
Government Code or (ii) the fiscal tax year ending June 30, 2034.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND
ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, AS FOLLOWS:
Section 1. The above Recitals are true and correct in all respects and are incorporated
herein by reference.
Section 2. The Mayor and Common Council hereby intend to levy and collect special
taxes within Community Facilities District No.1 033 in accordance with Government
Code Section 53311, et seq., for the maintenance and operation of the Verdemont Fire
Station No.
Section 3. The Mayor and Common Council hereby direct the City Administrator and the
City Engineer as the responsible officers who will be supplying maintenance and services
to the District to conduct a study and file an Engineer's Report setting forth appropriate
findings prior to the public hearing regarding this matter.
Section 4. The Mayor and Cornmon Council hereby direct that a public hearing be set
regarding the establishment of the District not later than 60 days from the date of
adoption of this Resolution and that the City Clerk publish notice of such hearing in
accordance with Government Code Section 53322. The Mayor and Common Council
acknowledge that within the service area of the Verdemont Fire Station are 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 number of
existing development projects. It has been represented to the Mayor and Common
Council, and subject to verification in the Engineer's Report to be submitted at a later
date, that all new developl,11ent reasonably anticipated to occur within the service area of
the Verdemont Fire Stati~n will be the sole factor creating the service demands for the
Verdemont Fire ~tation and that the provisions of the District shall apply to all such new
development and not to ally existing development within the service area ofthe
Verdemont Fire Station. The Mayor and Common Council recognize that the District
could be rescinded in the future under the laws of the State of California by the vote of
the electorates than residing within the District boundaries.
4812-5818-8288.1
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING THE INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR THE ONGOING OPERATION
AND MAINTENACE OF A FIRE STATION FOR THE VERDEMONT AREA
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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
, 2003, by the following vote,
thereof, held on the day of
to wit:
Council Members: AYES NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
16 McCAMMACK
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City Clerk
The foregoing resolution IS hereby approved this
,2003.
day of
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
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