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HomeMy WebLinkAbout37-Development Services e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Public hearing, 4:00 p.m., and Resolution approving annexation and Resolution calling a special election and Resolution certifying election results - Community Facilities District No. 1033 (Verdemont Fire Station) Annexation No.2. Dept: Development Services Date: July 12, 2007 File No.14.40-132.02 MCC Date: August 6, 2007 Synopsis of Previous Council Action: 06-21-04 - Resolution No. 2004-210 was adopted establishing Community Facilities District No. 1033 relative to operation and maintenance costs of the Verdemont Fire Station. 10-03-06 - Tentative Parcel Map No. 17052 was approved with conditions. 07-02-07 - Resolution oflntention No. 2007-211 was adopted. Recommended Motion: 1. That the public hearing relative to Annexation No.2 to Community Facilities District No. 1033 be closed; AND 2. Adopt resolutions (3) .c:.~ Valerie C. Ross Contact person: LASZLO "Les" FOGASSY Phone: 5026 Supporting data attached: Staff Report, Map, Resolutions (3) Ward: 6 FUNDING REQUIREMENTS: Amount: $5,900 (Processing fee) Source: (Accl. No.) 001-190-5502 (Accl. Description) Professional/Contractual Services Finance: Council Notes: Agenda Item No. 37 g/ ,,/fJ7 " . e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public hearing, 4:00 p.m., and Resolution approving annexation and Resolution calling a special election and Resolution certifying election results - Community Facilities District No. 1033 (Verdemont Fire Station) Annexation No.2. BACKGROUND: On October 3, 2006, the Planning Commission approved Tentative Parcel Map No. 17052 and Development Permit II No. 04-54. This project is located on the southerly side of Industrial Parkway, between Cable Creek and Devil's Creek Flood Control Channels. The project consists of one industrial building to be built on 10.28 acres. Since this site is within the boundaries of the Verdemont Fire Station service area, part of the conditions of approval for this project include the payment of the In-Lieu Fee, or annexation into the CFD, as outlined above. The property owner, Victor De PietroNIC Vin EnterprisesNID LLC, appealed the requirement of paying the fire station impact mitigation fee. Part of the resolution to withdraw the appeal, was the waiver of the annexation processing fee of $5,900 ($3,750 for consultant fee and $2,150 for stafflabor costs). On July 2, 2007, Resolution of Intention No. 2007-211 approving the annexation map was adopted and the waiver if the processing fee was approved. The Resolution set a public hearing for August 6, 2007. A notice and ballot were mailed to the property owner as required by law. Since the area to be annexed has less than 12 registered voters, election of the annexation is by property owner. At the conclusion of the public hearing, a resolution authorizing the annexation, a resolution calling the special election (mailed ballots) and a resolution declaring election results will need to be considered. Since this is a single project annexation with one property owner, only a single ballot will need to be considered. The initial annual assessment for this development will be $26,673 ( $2,594 per acre) for FY 2008/09. Subsequent assessments are subject to a 2% increase each year thereafter, and may be pre-paid in full at any time. FINANCIAL IMPACT: CFD 1033 annexation processing fee of $5,900 to be paid from 001-190-5502 (Professional/Contractual Services - Planning Division). The initial annual assessment will be $26,673, with an annual increase of 2% each year. All assessments collected are to be used for funding a portion of the operation and maintenance costs of the Verdemont Fire Station. RECOMMENDATION: Staff recommends that the public hearing be closed and the attached resolutions (3) be adopted. e e e LOCA TlON OF PROPOSED ANNEXA TlON NO.2 TO CFD NO. 1033 (IT 17052/ APN: 0266-041-71) No Scale 5th St. Mill SI. " . o VICINITY MAP VERDEMONT FIRE STATION SERVICE AREA SHOWN AS: _._._ CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION CFD1033 - VERDEMONT FIRE STATION -ANNEXA TIO NO. 2 ~ indicates un-incarparated areas ~ within City's Sphere of Influence Created by: /.,4-f.Z/,p ~ Date: '7;'~/1I7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY (ANNEXATION NO.2) TO COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS. WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation and charter city, du1y organized and existing pursuant to the provisions of the Constitution of the State of California; and, WHEREAS, the Mayor and Common Council of the City, on July 2, 2007, adopted Resolution No. 2007-211 (hereafter referred to as the "Resolution of Intention") stating its intention to annex territory to City of San Bernardino Community Facilities District No. 1033 (hereafter referred to as "CFD No. 1033"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (hereafter referred to as the "Act"); WHEREAS, a copy of the Resolution of Intention, which states the authorized facilities and services to be provided and financed by CFD No. 1033, and a description and map of the proposed boundaries of the territory to be annexed to CFD No.1 033 ("Annexation No.2"), is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; WHEREAS, on the 6th of August, 2007, the Mayor and Common Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation ofterritory to CFD No. 1033; WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to CFD No. 1033 and the levy of said special taxes within ~o. 31/t OgjOW/07 07/12/07 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY (ANNEXATION NO.2) TO COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS. the area proposed to be annexed were heard and a full and fair hearing was held; WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to CFD No. 1033 by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD No.1 033, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed to CFD No. 1033, or (iii) owners of one-half or more of the area of land in the territory included in CFD No. 1033, or (iv) owners of one-half or more of the area ofland in the territory proposed to be annexed to CFD No. 1033; and WHEREAS, a boundary map for Annexation No.2 to CFD No. 1033 has been filed with the County Recorder of the County of San Bernardino, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Authorization. All prior proceedings taken by the Mayor and Common Council with respect to CFD No. 1033 and the proposed annexation ofterritory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act. SECTION 3. Boundaries. The description and map of the boundaries of the territory to be annexed to CFD No. 1033, on file with the City Clerk are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of CFD No. 1033, 07/12/07 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY (ANNEXATION NO.2) TO COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS. and said territory is hereby annexed to CFD No. 1033, subject to voter approval of the levy of the special taxes therein as hereinafter provided. SECTION 4. Facilities and Services. The facilities and services which CFD No. 1033 is authorized to finance are in addition to those provided in or required for the territory within CFD No. 1033 and the territory to be annexed to CFD No. 1033 and will not be replacing services already available. A general description of the facilities and services to be financed is as follows: The continued operation and maintenance of the Verdemont Fire Station, including but not limited to payment of compensation of employees, including salary and benefits, maintenance and operation of fire safety vehicles and the fire station structures, any other expenses required to keep such equipment and improvements in fit operating condition and any incidental expenses (collectively, the "O&M Expenses"), and all necessary administrative expenses of the City. The descriptions contained herein are general in nature and do not necessarily include all related and appurtenant costs and expenses necessary for the proposed facilities and services. SECTION 5. Special Taxes. It is the inten,;~" of this legislative body that, except where funds are otherwise available, a special tax sufficient to pay for-o;(j 1a,,;::';PS and services to be provided in CFD No. 1033 and the territory proposed to be annexed as part of Annexation No.2, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 2, will be levied annually within the boundaries of Annexation No.2 from and after the annexation of such property to CFD No. 1033. The special taxes shall be those as originally authorized through the formation ofCFD No. 1033 and adopted by Ordinance of this legislative body, and no changes or modifications are proposed in the special taxes from those as originally set forth and made applicable to CFD No. 1033. 07/12/07 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY (ANNEXATION NO.2) TO COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS. For particulars as to the rate and method of apportionment of the proposed special tax (the "RMA"), reference is made to the attached and incorporated Exhibit "A," which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexation No.2 to clearly estimate the maximum annual amount that said person will have to pay on said special tax. SECTION 6 Election. The provisions of the Resolution ofIntention of the City each as heretofore adopted by the Mayor and Common Council are by this reference incorporated herein, as if fully set forth herein. (a) Pursuant to the provisions of the Act, the proposition of the levy of the special tax within Annexation No.2 shall be submitted to the voters within Annexation No. 2 at an election called therefore as hereinafter provided. The Mayor and Common Council hereby finds that fewer than 12 persons have been registered to vote within Annexation No.2 for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by the Mayor and Common Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, the Mayor and Common Council finds that for purposes of these proceedings the qualified electors are the landowners within Annexation No.2 and that the vote shall be by said landowners, each having one vote for each acre or portion thereof that said landowner owns in Annexation No. 2. (b) Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot under section 1340 of the California Elections Code. The Mayor and Common Council called a special election to consider the measures described and incorporated as Exhibit "B," which election shall be held on August 6, 2007 (hereafter referred to as "Election Day"). The City Clerk was the election official to conduct the election and provided each landowner in the territory to be annexed to CFD No.1 033, a ballot in the form of Exhibit "B", which form is hereby approved. The City Clerk has accepted the ballots of the qualified electors received prior to 4:00 o'clock p.m. on Election Day, whether received by mail or by personal delivery. 07/12/07 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY (ANNEXATION NO.2) TO COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS. The Mayor and Common Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly. /// /II 07/12/07 5 r-------- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY (ANNEXATION NO.2) TO COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof held on 6 the day of ,2007, by the following vote, to-wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this _ day of ,2007. PATRICK J. MORRIS, Mayor City of San Bernardino Ap roved as to form: 7-l~ ES F. PENMAN, City Attorney 07/12/07 6 EXHIBIT "A" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1033 CITY OF SAN BERNARDINO This Rate and Method of Apportionment of this Special Tax sets forth the special tax applicable to each Assessor's Parcel within Community Facilities District No. 1033 ("CFD No. 1033") of the City of San Bernardino ("City") to be levied and collected according to the special tax liability determined by the Common Council of the City, acting as the Legislative Body of CFD No. 1033. The applicable Special Tax shall be determined pursuant to the application of the appropriate amount or rate as described below. All Taxable Property within CFD No. 1033, unless exempted by law, or the provisions of Section E, below, shall be subject to the applicable Special Tax levied and collected to the extent and in the manner herein provided. This Rate and Method of Apportionment also is provided as an explanation to allow landowners or residents within CFD No. 1033 to estimate the Special Tax to be annually levied and collected, or prepaid, as the case may be, with regard to property within CFD No. 1033. A. Definitions "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 of the California Government Code. "Administrative Expense" means any costs incurred by the City on behalf of CFD No. 1033 related to the determination of the amount ofthe annual levy of the Special Tax, the collection of the Special Tax, and the other costs incurred in order to carry out the authorized purposes ofCFD No. 1033. "Special Tax" means the special tax to be levied in each Fiscal Year pursuant to Sections C. and D. on each Assessor's Parcel for a period not to exceed 30 years including the Initial Fiscal Year. "Assessor's Parcel" means a parcel of land as designated on an official map of the San Bernardino County Assessor which has been assigned a discrete identifying parcel number. "CommerciallRetaiVOffice/Industrial Property" means property zoned for commercial, retail, office or industrial uses or other non-residential uses. "Common Council" means the Common Council of the City of San Bernardino. "Residential Property" means for any Fiscal year all Taxable Property for which a foundation building permit for single family or multi-family units was issued prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Facilities" means the Fire Station Services as may be identified in the Community Facilities District Engineer's Report prepared for CFD No. 1033 on file in the Office of the City Clerk, or 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") to be financed by CFD No. 1033 pursuant to the Act. "Fiscal Year" means the period starting on July 1 st and ending the following June 30th. "In-Lieu Fee" means a one-time 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 an estimated cost report: Residential Zone $6,349.88 per residential dwelling unit as an In- Lieu Fee 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 "Land Use Class" means any of the classes of Property listed in Table I and Table 2, below. "Project" means any project undertaken for the purpose of development involving the approval or issuance of any permit or entitlement for use by any govemmental agency and includes all such permits and entitlements for use whether classified as quasi- legislative, quasi-judicial or ministerial in nature, including, but not limited to, the adoption, amendment, approval or issuance of any general plan, specific plan, master plan, zoning ordinance, tentative subdivision map, tentative parcel map, fmal subdivision map, final parcel map, variance, conditional use permit, site plan, plot plan, development plan, annexation, public utility connection, building permit and certificate of occupancy. "Taxable Property" means all Assessor's Parcels within the boundaries ofCFD No. 1033 which are not exempt from the Special Tax pursuant to the Act and the provisions of Section E. herein. B. Assignment to Land Use Classes As soon as practicable, as of May 1 for the next succeeding Fiscal Year, all Taxable Property within CFD No. 1033 shall be categorized as Residential Property or either Commercial/Retail/Office/Industrial Zone Property. Taxable Property shall be subject to a Special Tax pursuant to Sections C. and D. below. C. Special Tax 1. Residential Property The Special Tax for each Assessor's Parcel classified as Residential Property shall be the amount determined by reference to Table 1 and the paragraphs that follow Table 1. Table 1 Special Tax Rates for Residential Property (For the Initial Fiscal Year 2004-05) Land Use Class Land Use Description Special Tax Per Unit (2004-05) 1 2 Single Family Detached Unit Multi-Family Unit/Attached Dwelling Unit $350.00 $350.00 In determining the Special Tax which may be levied in any Fiscal Year, on July 1, 2005, and on each July 1 thereafter, the Special Tax shall be increased by an amount not to exceed 2 % of the amount in effect for the previous Fiscal Year, up to the Fiscal Year commencing July 1, 2033. The Special Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (30th) Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005, i.e., the Special Tax shall terminate as of June 30, 2034. 2. Commercial/Retail/Office/Industrial Zone Property The Special Tax for each Assessor's Parcel classified as either Commercial, Retail, Office, or Industrial Zone Property shall be the amount determined by reference to Table 2 and the paragraphs that follow Table 2. Table 2 Special Tax Rates for Commercial/Retail/Office/Industrial Zone Property (For the Initial Fiscal Year 2004-05) Land Use Class Land Use Description Special Tax Per Acre (2004-05) 3 4 5 6 Commercial Retail Office Industrial $2,445.00 $2,445.00 $2,445.00 $2,445.00 In determining the Special Tax which may be levied in any Fiscal Year, on July 1,2005, and on each July 1 thereafter, the Special Tax shall be increased by an amount not to exceed 2 % of the amount in effect for the previous Fiscal Year, up to the Fiscal Year commencing July 1, 2033. The Special Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (30th) Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005, i.e., the Special Tax shall terminate as of June 30, 2034. D. Method of Apportionment of the Special Tax Commencing with Fiscal year 2004-05, and each Fiscal Year thereafter, the Common Council shall determine the Special Tax to be collected from Taxable Property in CFD No. 1033. The Common Council may levy the Special Tax on all Assessor's Parcels of Development Property by levying the Special Tax for Land Use Classes 1,2,3,4,5 and 6. E. Limitations The Common Council shall not levy a Special Tax on properties owned by the State of California, federal or other local governments, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act. Property which becomes the property of the State of California, the federal government or other public agency is liable for the Special Tax levied in the Fiscal Year during which such transfer occurs and will be subject to the Special Tax in each Fiscal Year thereafter under the original Land Use Class for such Assessor's Parcel. Such Assessor's Parcel may be exempted, at the direction, and in the discretion, of the Common Council in any Fiscal Year. F. Prepayment of the Special Tax Any owner of property within CFD No. 1033 may discharge the Special Tax obligation in full or in part, by making payment pursuant to the applicable Sections F. 1. or F. 2 as follows: 1. Upon the Approval of a Tentative or Parcel Map At the time of approval of a tentative or parcel map, the owner of such residential unit may prepay the Special Tax in full or in part by making a cash payment to CFD No. 1033, in which case the Special Tax for the Initial Fiscal Year, and each Fiscal Year thereafter, shall be reduced according to the following steps: a. Determine the maximum prepayment if the owner were to prepay the Special Tax in entirety. For example, for Projects approved prior to July 1, 2005, the maximum prepayment for each residential unit is $6,439.88 and for each acre of development as set forth on a site plan of development for Commercial/Retail/Office or Industrial zone property is $44,358.47. b. Determine the property's revised Special Tax by multiplying the property's applicable Special Tax for the Initial Fiscal Year determined pursuant to Section C. I. by one minus the quotient obtained by dividing the cash payment made by the owner pursuant to this Section F. I .b. by the maximum prepayment obligation determined pursuant to Section F. I .a. The property's revised Special Tax for the Initial Fiscal Year, and each Fiscal Year thereafter, shall be the Special Tax for the applicable land use designation (Residential or Commercial/Retail/Office/Industrial zone Property) for purposes of Sections C. and D. herein. 2. After the Approval of the Tentative Map/Parcel Map After the time a tentative or parcel map has been approved, and prior to May I for the next succeeding Fiscal Year, the owner of such parcel may prepay the Special Tax in full or in part by making a cash payment to CFD No. 1033, in which case the Special Tax for the applicable Fiscal Year, and each Fiscal Year thereafter, shall be reduced according to the following steps: a. Compute the present value of the Special Tax using a period equal to the lesser of the remaining term for which the Special Tax may be levied on such parcel; then b. Multiply the amount determined in Section F.2.a; above, by the owner's desired prepayment percentage (which shall be a minimum of twenty percent (20%) of the present value of the total Special Tax) to determine the prepayment amount subject to additional adjustments as specified below; then c. Add the following to the result of Section F.2.b.: i) Unpaid special taxes, interest and penalties, if any, which have been entered on the Assessor's tax roll; and iv) a $75 adml1L'''1tive charge per Assessor Parcel. d. The Special Tax applicable to prlJ~orty utilizing a prepayment percentage less than 100% shall be revised in the t'i~~":. or following the date of prepayment by multiplying such propertY s Special Tax by the prepayment percentage actually determined in Section F.2.b. Such property's revised Special Tax for the Fiscal Year following the date of prepayment, and each Fiscal Year thereafter, shall be the Special Tax for such property for purposes of Sections C. and D. herein. 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. The Special 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. G. Manner of Collection The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem real property taxes. The Special Tax shall be subject to the same penalties and the same procedure, sale and lien priority in case of a delinquency as provided for with ad valorem taxes. The collection of the Special Tax shall otherwise be subject to the provisions of the Act. The Common Council reserves the power to provide for alternative means of collection of special taxes as permitted by the Act. H. Termination of Special Tax Levy Provided that Special Taxes previously levied on an Assessor's Parcel are not delinquent, the lien of special taxes ofCFD No. 1033 shall terminate as to such Assessor's Parcel at the close of the thirtieth (30) Fiscal Year following the beginning of the Initial Fiscal Year for such Assessor's Parcel. Furthermore, provided an owner within CFD No. 1033 fully and completely discharges their special tax obligation pursuant to Sections F.l and/or F.2, the lien of special taxes of CFD No. 1033 shall terminate. Pursuant to Section 53330.5 of the Act, the Common Council shall, upon written request, cause to be recorded in the official records of San Bernardino County a Notice of Cessation of Special Tax Lien for each Assessor's Parcel upon termination of the lien on such Assessor's Parcel. I. Review/Appeal Board The Common Council shall establish, as part of the proceedings and administration of CFD No. 1033, a special Review/Appeal Board. Any landowner who feels that the amount of the Special Tax, as to their Assessor's Parcel, is in error may file a notice with the Review/Appeal Board appealing the amount of the levy. The Review/Appeal Board 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 appeals, as herein specified. EXHIBIT "B" (II.: . . &i .' )...... "..".: "............. . . ... ... F~ OFFICIAL BALLOT SPECIAL ELECTION City of San Bernardino Community Facilities District No. 1033 Annexation No.2 This ballot is for a special landowner election. You must return this ballot in the enclosed Identification Envelope to the office of the City Clerk of the City of San Bernardino no later than 3:00 p.m. on August 6, 2007, by mail or in person; or in person to the location of the public hearing no later than 4:00 p.m. on August 6, 2007. The City Clerk's office is located at 300 N. "D" Street, 2nd Floor, San Bernardino, California, 92418. The public hearing will be held at the City Council Chambers, 300 N. "D" Street, San Bernardino, California. This ballot represents _ votes. To vote, mark a cross (X) in the voting square after the word ''YES'' or after the word "NO". All marks otherwise made are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of San Bernardino to obtain a replacement ballot. PROPOSITION A Shall special taxes with a rate and method of apportionment as set forth in Exhibit "A" to the resolution entitled "A Resolution of the Mayor and Common Council of the City of San Bernardino, California, Authorizing the Annexation of Territory (Annexation No.2) to Community Facilities District No. 1033 and Authorizing the Levy of a Special Tax and Submitting the Levy of Tax to the Qualified Electors." (the ''Resolution of Annexation'') be levied annually on taxable property within City of San Bernardino Community Facilities District No. 1033, Annexation No.2, to pay for the continued operation and maintenance of the Verdemont Fire Station, and incidental expenses thereto? PROPOSITION B: Shall the City of San Bernardino on behalf of City of San Bernardino Community Facilities District No. 1033, Annexation No.2 ("Annexation No.2'') establish an annual appropriations limit for Annexation No.2, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, in the amount of $1 ,OOO,OOO? YesD NoD YesD NoD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO.2 OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 2 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT. 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, pursuant to Section 53325.1 of the California Government Code the Mayor and Common Council of the City have adopted the resolution authorizing the annexation of territory to City of San Bernardino Community Facilities District No. 1033, County of San Bernardino, State of California (hereafter referred to as "CFD No. I 033"); and WHEREAS, by that resolution, the Mayor and Common Council called special elections on the propositions to be submitted to the voters of the territory proposed to be annexed to CFD No. 1033 (hereafter referred to as "Annexation No.2") with respect to the levy of special taxes therein; and WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary that the Mayor and Common Council submit to the voters of Annexation No.2 the annual levy of special taxes on taxable property within Annexation No.2; and WHEREAS, pursuant to Section 53325.7 of the California Government Code and the provisions of the Code, the Mayor and Common Council may also submit to the voters of Annexation No.2 a proposition for the establishment of an appropriations limit for Annexation No. YJo 3713 Og/Orcj07 07/12/07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO.2 OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 2 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT. 2; and WHEREAS, the City Clerk has advised the Mayor and Cornmon Council that she has received a statement from the Registrar of Voters of the County of San Bernardino that there are less than 12 persons registered to vote within Annexation No.2; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: SECTION 1. Findings. The Mayor and Cornmon Council finds that: (i) the foregoing recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory to be annexed to CFD No. 1033 for each of the 90 days preceding the close of the public hearing on August 6, 2007; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the territory to be annexed to CFD No. 1033, whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within Annexation No. 2 which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) the owners of all of the land in Annexation No.2 by written consent (a) waived the time lirnits set forth in Section 53326 of the California Government Code for holding the election called by this resolution and the election on the propositions (b) consented to the holding of the election on August 6, 2007, (c) waived notice and mailed notice of the time and date of the election, (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, 2 CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO.:1 OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033 3 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. :1 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT. to Section 9280 of the California Elections Code and argwnents and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, and mailing of a statement pursuant to Section 940 I of that Code, and (e) waived a synopsis of the measures to be included in the official ballot for said elections pursuant to Section 12111 of that Code; and (v) the City Clerk (hereafter referred to as the "City Clerk") has consented to the holding of the election on August 6,2007. SECTION 2. Call of Election. The Mayor and Common Council hereby calls and schedules an election for August 6, 2007, on the proposition of the armuaI levy of special taxes on taxable property within Annexation No.2 to CFD No. 1033, and on the proposition of the establishment of an appropriations limit for Annexation No.2 to CFD No. 1033. SECTION 3. Propositions. The propositions to be submitted to the voters of Annexation No.2 at such special election shall be as follows: PROPOSITION A: Shall special taxes with a rate and method of apportionment as set forth in Exhibit "A" to the resolution entitled "A Resolution of the Mayor and Common Council of the City of San Bernardino, California, Authorizing the Annexation of Territory (Annexation No.2) to Community Facilities District No. 1033 and Authorizing the Levy of a Special Tax and Submitting the Levy of Tax to the Qualified Electors." (the "Resolution of Annexation") be levied armuaIly on taxable property within City of San Bernardino Community Facilities District No. 1033, Annexation No.2, to pay for the continued operation and maintenance of the Verdemont Fire Station, and incidental expenses thereto? PROPOSITION B: Shall the City of San Bernardino on behalf of City of San Bernardino Community Facilities District No. 1033, Annexation No.2 ("Annexation No.2") establish an armuaI appropriations limit for Annexation No.2, as defmed by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, in the amount of $1 ,OOO,OOO? 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, 2 CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO.2 OF CITY OF SAN BERNARDINO COMMUNITY FACILmES DISTRICT NO. 1033 3 PRoposmONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 2 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT. SECTION 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, the consolidated special elections shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable. SECTION 5. Election Procedures. The procedures to be followed in conducting the consolidated special elections on (i) the proposition with respect to the levy of special taxes on taxable property within Annexation No.2 to CFD No. 1033, and (ii) the proposition with respect to the establishment of an appropriations limit for Annexation No.2 to CFD No. 1033 in the amount of $ 1,000,000 shall be as follows: (a) Pursuant to Section 53326 of the California Government Code, ballots for the Special Elections shall be distributed to the qualified electors by the City Clerk or their designee by mail or by personal service. (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to election conducted by mail, the City Clerk, or designee, shall mail or deliver to each qualified elector an official ballot in the appropriate form attached hereto as Exhibit "A," and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, a return identification envelope addressed to the City Clerk for the return of voted official ballots. (c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner- voter. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO.2 OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 2 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT. (d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The information to voter form to be delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 4:00 p.m. on the 6th day of August 2007; provided that if all qualified electors have voted, the elections shall be closed with the concurrence of the City Clerk. (f) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the elections, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the Mayor and Common Council as to the results of such canvass and the election on each proposition set forth in the official ballot. /II /II 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO.2 OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 2 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a the day of ,2007, by the following vote, to-wit: 8 9 Council Members: A YES ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK meeting thereof held on NAYS ABSTAIN ABSENT City Clerk The foregoing resolution is hereby approved this _ day of ,2007. PATRICKJ. MORRIS, Mayor City of San Bernardino EXHIBIT "A" III'.'...... .,;. . ',', . . . OFFICIAL BAlLOT SPECIAL ELECTION City of San Bernardino Community Facilities District No. 1033 Annexation No.2 This ballot is for a special landowner election. You must return this ballot in the enclosed Identification Envelope to the office of the City Clerk of the City of San Bernardino no later than 3:00 p.m. on August 6, 2007, by mail or in person; or in person to the location of the public hearing no later than 4:00 p.m. on August 6, 2007. The City Clerk's office is located at 300 N. "D" Street, 2nd Floor, San Bernardino, California, 92418. The public hearing will be held at the City Council Chambers, 300 N. "D" Street, San Bernardino, California. This ballot represents _ votes. To vote, mark a cross (X) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of San Bernardino to obtain a replacement ballot. PROPOSITION A Shall special taxes with a rate and method of apportionment as set forth in Exhibit "A" to the resolution entitled "A Resolution of the Mayor and Common Council of the City of San Bernardino, California, Authorizing the Annexation of Tertitory (Annexation No.2) to Community Facilities District No. 1033 and Authorizing the Levy of a Special Tax and Submitting the Levy of Tax to the Qualified Electors." (the "Resolution of Annexation") be levied annually on taxable property within City of San Bernardino Community Facilities District No. 1033, Annexation No.2, to pay for the continued operation and maintenance of the Verdemont Fire Station, and incidental expenses thereto? -- - - - - ~- -- -- - - - - -. -. - -- - - -- ---. -- - - -- - -- - -- - - - - -- -- -- - -. - -- .~- - - - - - --- - -- - - - -. -. _. - - --- - -- - - -. - - - - -- PROPOSITION B: Shall the City of San Bernardino on behalf of City of San Bernardino Community Facilities District No. 1033, Annexation No.2 ("Annexation No.2'') establish an annual appropriations limit for Annexation No.2, as defined by subdivision (Ii) of Section 8 of Article XIIIB of the California Constitution, in the amount of $1,000,000? YesD NoD YesD NoD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO.2. 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 Mayor and Common Council of the City of San Bernardino, have previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof ("the Act"). The existing Community Facilities District being designated as Community Facilities District No. 1033 (hereafter referred to as "CFD No.1 033"); and, WHEREAS, the Mayor and Common Council initiated proceedings to annex certain territory to Community Facilities District No. 1033, Annexation No.2 (hereafter referred to as "Annexation No.2"); and WHEREAS, at this time the unanimous consent to the annexation of Annexation No.2 bas been received from the property owner or owners of such territory; and WHEREAS, less than twelve (12) registered voters have resided within the territory of Annexation No.2 for each of the ninety (90) days preceding August 6, 2007, therefore, pursuant to the Act the qualified electors of Annexation No.2 shall be the "landowners" of Annexation No. 2 as such term is defined in Govemment Code Section 53317(f) and each such landowner who is the owner of record, or the authorized representative thereof, shall have one vote for each acre or 07/12/07 YJo.37C Dg/O&/07 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO.2. portion of an acre of land that she or he owns within Annexation No.2; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within Annexation No.2 to the qualified electors of Annexation No.2 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexation No.2; and WHEREAS, the City Clerk of the City of San Bernardino has caused ballots to be distributed to the qualified electors of Annexation No.2, has received and canvassed such ballots and made a report to the Mayor and Common Council regarding the results of such canvas, a copy of which is attached as Exhibit "A" hereto and incorporated herein by this reference; and WHEREAS, at this time the measure voted upon and such measure did receive the favorable 2/3' s vote of the qualified electors, and the Mayor and Common Council desires to declare the results of the election; and WHEREAS, a map showing the territory to be annexed and designated as Annexation No. 2 (hereafter referred to as the "Annexation Map"), a copy of which is attached as Exhibit "B" hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as Exhibit "C" hereto and incorporated herein by this reference, has been submitted to the Mayor and Common Council. III III 07/12/07 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO.2. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Findings. This Mayor and Common Council does hereby determine as follows: (a) The unanimous consent to the annexation of Annexation No.2 to CFD No. 1033 has been given by all of the owners within Annexation No. 2 and such consent shall be kept on file in the Office of the City Clerk. (b) Less than twelve (12) registered voters have resided within the territory of Annexation No.2 for each of the ninety (90) days preceding August 6, 2007, therefore, pursuant to the Act the qualified electors of Annexation No.2 shall be the "landowners" of such Annexation No.2 as such term is defined in Government Code Section 53317(f). (c) The qualified electors of Annexation No.2 have unanimously voted in favor of the levy of special taxes within Annexation No.2 upon its annexation to CFD No. 1033. SECTION 3. Annexed Area. The boundaries and parcels of territory within Annexation No.2 and on which special taxes will be levied in order to pay for the costs and expenses of authorized public facilities and services are shown on the Annexation Map as submitted to and hereby approved by this Mayor and Common Council. 25 SECTION 4. Declaration of Annexation. The Mayor and Common Council do hereby 26 determine and declare that Annexation No.2 is now added to and becomes a part of CFD No. 27 28 07/12/07 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO.2. 1033. The Mayor and Common Council, acting as the legislative body of CFD No. 1033, are hereby empowered to levy the authorized special tax within Annexation No.2. SECTION 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows: An Amendment to the Notice of Special Tax Lien shall be recorded in the Office of the County Recorder no later than fifteen (I5) days after the date of adoption of this Resolution. /1/ //1 07112/07 4 1 2 3 4 A RESOLUTION OF THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO.2. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 the day of 7 8 Council Members: AYES ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK meeting thereof held on , 2007, by the following vote, to-wit: NAYS ABSTAIN ABSENT City Clerk The foregoing resolution is hereby approved this _ day of Approved as to form: l~ 07/12/07 ,2007. PATRICK J. MORRIS, Mayor City of San Bernardino 5 1 2 3 -& 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO.2. EXHIBIT A Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ) ) ss. The undersigned, ELECTION OFFICIAL OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033 ANNEXATION NO.2 SPECIAL ELECTION in the City, held on August 6, 2007. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed, Annexation No.2 to Community Facilities District No. 1033 of the City of San Bernardino for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION 1: YES NO VOTES CAST ON PROPOSITION 2: YES NO WITNESS my hand this _ day of , 2007 City Clerk, Rachel Clark City of San Bernardino 07/12/07 u. o o ::ll:i ~ ~~<i1 ~o51- I i~~ ~ o~u > ~ ~li~~~ ~ ~.~~ I. 5' "t; 0 w~ 1:31"5! ~ ~~ ~~~ lS ~~ O~li5 · '~~~9~ ~ ~i~8~~ o .~~~~~ ~ zo~o.. :J~ ::g w~~. ~~ ~~8~~ ~,I ~~~om " ~d~~ 0", illll'li1 ~~ ~l!ii~~ J .~~ ~~. i3!;(1': ~ ~~ Iii I ; I~U ~ ....~ ~ ~. I~~ ~pW ~ II"IU ffi~ . e'~ I d~ j ~~r 55 ~ i ~~~~ }~ , I ' I- ill ill :r: en '" '" o ~ o u..z 0..... NU ,0;: 0..... ZC/) 0..15 <l:C/) ::Ow zf= 0::; f=u ~~ w>- z..... z_ <l:Z ::J ::0 ::0 o U o 0' <9. c~- Id ~;~ ~(Il~ "~. O~. ~ t; o -<(- , . I ' 0.. .. ::;: ~ Z u :> '" ~ N . ~i1 ~I ffili ~ ~ . ~ m ~~~~ . ~ ~ '13 ~ ~ ~ ~ ~I!~ ~ ~~ ~5 ~~~~ I ~q~ > ~ ~Ui HI Ii ~ ~ n~i ~ h n ~ I ~~~~ ~ ~~ ~~ ~ ~ !;;:t~.. ~ ell! ~~ <I; zO ffi i~." ~~~~ ~ "'~ ~~ c .~O. ffi ~~ Zi ~ H ~ !~I~ ; ~~ I! ~ ~; lii~~ ~iil Iii .; :0: & Q,u . c: ~ :Ii e .! . II: ~ d ~ 0:0: ~ ,,- ... ::. 0 " e :8 IiOl N .. 0 AYM NOWtllX31 13NN'f'HO )!33~O S.lIA.30 EXHIBIT "B" 8 N . ~ , o!'l d1 c > ~ C) l( 9 EN t I S I I- Z W ::; II ~I ~ill d ~g z > ZO: C!l ~H~ Z "-I- ~ Oifi lr >::; 0 1-0. ug W > W o ~ . z o 3 'iij 'u " i '" -- .5 II ~lll """ ~!il ~ APN(s) 0266-041-71 EXHIBIT C List of Properties to be Annexed Landowner(s) VID, LLC