HomeMy WebLinkAbout11-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Authorization to Proceed and Resolution
ofIntention and Approving Annexation Map No.3
relative to Community Facilities District No. 1033
(Verdemont Fire Station) - APN's 0266-041-52 & 53
(DP II No. 04-21) and 0266-041-80 (DP II No. 04-
38).
MCC Date: October 15,2007
Dept: Development Services
Date: September 24, 2007
File No.14.40-132.03
Synopsis of Previous Council Action:
06-21-2004- Resolution No. 2004-210 was adopted establishing Community Facilities District
No. 1033 relative to operation and maintenance costs of the Verdemont Fire Station.
06-04-2007 - Resolution Nos. 2007-174 and 2007-175 were adopted approving Funding and
Mitigation Agreements with SP University DC, LLC and University Parkway LLC,
respectively.
Recommended Motion:
1. That the Director of Development Services and the City Clerk be authorized to proceed
under Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of
California, as amended, with Community Facilities District No.1 033 Annexation No.3 to
include APN 0266-041-52 & 53 (DP II No. 04-21) and APN 0266-041-80 (DP II No. 04-
38); AND
2. Adopt resolution
~t/.RH4-
Valerie C. Ross
Contact person: LASZLO "Les" FOGASSY
Staff Report, Vicinity
Supporting data attached: Map, Resolution
Ward:
FUNDING ReQUIREMENTS: Amount: $5,900 (Processing fee)
Source: (Acct. No.) 137-000-2301-6064 & 6065
(Acct. Description) CFD 1033 Formation Deposit
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Finance:
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Council Notes:
Age"", Item No. ~
tit CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to Proceed and Resolution ofIntention and Approving Annexation Map No.3
relative to Community Facilities District No. 1033 (Verdemont Fire Station) - APN's 0266-041-
52 & 53 (DP II No. 04-21) and 0266-041-80 (DP II No. 04-38).
BACKGROUND:
On June 21, 2004, Resolution 2004-210 was adopted, establishing a Community Facilities
District, known as CFD 1033 ("CFD"). This was in anticipation of funding a portion of the
ongoing operation and maintenance costs for the fire station as a CEQA (California
Environmental Quality Act) impact mitigation. Initially, the district boundary included two tracts
on the northeast and northwest comers of Palm Avenue and Irvington Avenue, and a 90 acre
parcel of land, located northwest of Little League Drive and the 1-215 Freeway, which is
currently owned by the Redevelopment Agency. In 2005, the Verdemont Fire Station, located on
Palm Avenue, north of Kendall Drive, was completed.
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It was also determined that as development occurs in the Verdemont Fire Station Service Area,
developers/property owners would be required to pay a fair. share cost of the operation and
maintenance costs of the fire station. The developer/property owner may pay all of the fees at
once at the time of development, referred to as the "In-Lieu Fee", or may elect to annex into the
CFD and have the costs spread over the life of the CFD, which is for 30 years. The fair share
costs were initially established as follows:
. Residential
In-Lieu Fee OR Annual assessment ifoaid through the CFD
$6,349.88 per lot $350.00 per lot
. Commercial,
. Industrial, other $44,358.47 per acre $2,445 per acre
The above fees have been and continue to be subject to an annual increase of 2% beginning July
1,2005 (Current non-residential assessment is $2,594.65 per acre).
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On June 4, 2007, Resolution Nos. 2007-174 and 2007-175 were adopted, approving the
execution of Funding and Mitigation Agreements with SP University DC, LLC (APN 0266-042-
52 & 53, DP II No. 04-21, consisting of 12 acres) and Industrial Parkway LLC (APN 0266-042-
80, DP II No. 04-38, consisting of 35.87 acres) respectively. The Agreement binds each property
owner to either pay the In-Lieu Fee, or to annex into the CFD. Both property owners have opted
to annex into the CFD and have paid the annexation processing fee.
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The attached Resolution of Intention and Approving Annexation Map No.3, sets a public
hearing for November 19, 2007. Notices and ballots will be mailed to the property owners as
required by law. 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 be submitted for consideration. Approval of the annexation
process will require 2/3rdsofthe votes received in favor of the annexation. Since the annexation,
or payment of In-Lieu fee is a condition of approval for this development, and both property
owners have executed the Funding and Mitigation Agreement, a 100% approval is anticipated.
In the event that either or both the property owners do not return a favorable ballot, they will
then have to pay the In-Lieu Fee.
FINANCIAL IMPACT:
The annexation processing fee has been paid by both property owners. The initial annual
assessments will be $31,135 for DP II No. 04-21 and $93,070 for DP II No. 04-38, 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 authorization to proceed be given and the attached resolution be adopted.
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Location of proposed
CFD Annexation NO.3
No Scale
5th 51.
Mill 51.
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VICINITY MAP
VERDEMONT FIRE STATION
SERVICE AREA SHOWN AS: -'-'_
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
PROPOSED ANNEXATION NO. 3 -
COMMUNITY F ACILlTES DISTRICT NO.
1033 - VERDEMONT FIRE STATION
~ indicates un-incorporated. areas
~ within City's Sphere of Influence
Created by: t. H<-A-SJ'
Date: t( (,q le7
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DECLARING ITS INTENTION TO AUTHORIZE THE
ANNEXATION OF TERRITORY (ANNEXATION NO.3) TO COMMUNITY FACILITIES
DISTRICT NO. 1033, AND ADOPTING AN ANNEXATION MAP SHOWING THE
TERRITORY OF ANNEXATION NO.3.
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 at this time desires to authorize
the annexation of territory to Community Facilities District No. 1033, City of San Bernardino
(hereafter referred to as "CFD No. 1033") pursuant to the terms and 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, as amended (the "Act"), and,
WHEREAS, CFD No. 1033 was formed to finance public facilities and services in
addition to those provided in or required for the territory within the CFD No. 1033 and will not be
replacing facilities and services already available.
WHEREAS, certain territory is proposed to be annexed to CFD No. 1033 and such
territory shall be known and designated as Community Facilities District No.1 033, Annexation No.
3 (hereafter referred to as "Annexation No.3").
WHEREAS, the Mayor and Common Council now desires to proceed to adopt its
Resolution of Intention to annex Annexation No.3 into CFD No. 1033, to describe the territory
included within Annexation No.3 proposed to be annexed, to specifY the facilities and services to
be financed from the proceeds of the levy of special taxes within Annexation No.3, to set and
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION
NO.3) TO COMMUNITY FACILITIES DISTRICT NO. 1033, AND ADOPTING AN ANNEXATION MAP
SHOWING THE TERRITORY OF ANNEXATION NO.3.
specify the special taxes that would be levied within the territory to finance such facilities and
services, and to set a time and place for a public hearing relating to the annexation of Annexation
No.3 into CFD No. 1033; and,
WHEREAS, a map showing the boundaries of Annexation No.3 proposed to be annexed
has been submitted, and a copy of the map shall be kept on file in the City Clerk's Office with the
records of these proceedings.
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. These proceedings for annexing Annexation No.3 into CFD
No. 1033 are authorized and initiated by the Mayor and Common Council pursuant to the Act.
SECTION 3. Intention to Annex. The Mayor and Common Council hereby determines
that the public convenience and necessity requires that Annexation No.3 be added to CFD No.
1033 in order to pay the costs and expenses for the required and authorized new facilities and
services generated from new development within the City and the Mayor and Common Council
therefore, declares its intention to annex Annexation No.3 to CFD No. 1033.
SECTION 4. AdoDtion of Annexation Map. The map showing Annexation No.3 and the
territory to be subject to the levy of a special tax by CFD No. 1033 upon the annexation of such
territory, is hereby approved and adopted. Such map is designated by the name: "Annexation Map
No. 3 of Community Facilities District No. 1033, City of San Bernardino, County of San
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION
NO.3) TO COMMUNITY FACILITIES DISTRICT NO. 1033, AND ADOPTING AN ANNEXATION MAP
SHOWING THE TERRITORY OF ANNEXATION NO.3.
Bernardino, State of California", on file in the office of the City Clerk, a copy of which is attached
hereto as Exhibit "A" and made a part hereof.
SECTION 5. Man Certificate. A certificate shall be endorsed on the original and on at
least one (1) copy of the map of Annexation No.3, evidencing the date and adoption of this
Resolution, and within fifteen days after the adoption of this Resolution, a copy of said map shall
be filed with the correct and proper endorsements thereon with the County Recorder, all in the
manner and form provided in Section 3111 of the Streets and Highways Code of the State
California.
SECTION 6. Boundaries. A general description of the boundaries of Annexation No.3
proposed to be annexed is as follows:
All that territory proposed to be annexed to CFD No. 1033, as such property is
shown on a map designated as "Annexation Map No.3 of Community Facilities
District No. 1033, City of San Bernardino, County of San Bernardino, State of
California," attached hereto as Exhibit "A" and hereby incorporated by reference.
SECTION 7. Name of District. The name of the district is "Community Facilities District
No. 1033" and the designation for the territory to be annexed shall be "Community Facilities
District No. 1033, Annexation No.3."
SECTION 8. Facilities and Services Authorized to be Financed bv CFD No. 1033.
Annexation No.3. The facilities and services that are authorized to be financed by CFD No. 1033
are certain facilities and services which are in addition to those provided in or required for the
territory within CFD No. 1033 and Annexation No.3 and will not be replacing facilities and
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION
NO.3) TO COMMUNITY FACILITIES DISTRICT NO. 1033, AND ADOPTING AN ANNEXATION MAP
SHOWING THE TERRITORY OF ANNEXATION NO.3.
services already available. A general description of the facilities and services to be financed by
CFD No. 1033 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.
The same types offacilities and services which are authorized to be financed by CFD No.
1033 are the types of facilities and services to be provided in Annexation No.3. To the extent
possible, such facilities and services shall be provided in common within CFD No. 1033 and
Annexation No.3.
SECTION 9. Special Taxes. It is the further intention of the Mayor and Common Council
that, except where funds are otherwise available, a special tax sufficient to pay for such services
to be provided in CFD No. 1033 and Annexation No.3 and related incidental expenses authorized
by the Act, secured by recordation of a continuing lien against all non-exempt real property in
Annexation No.3, will be levied annually within the boundaries of such Annexation No.3. For
further particulars as to the rate and method of apportionment of the proposed special tax, reference
is made to the attached and incorporated Exhibit "B" (the "Rate and Method of Apportionment"),
which sets forth in sufficient detail the method of apportionment to allow each landowner or
resident within proposed Annexation No.3 to clearly estimate the maximum amount that such
person will have to pay.
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION
NO.3) TO COMMUNITY FACILITIES DISTRICT NO. 1033, AND ADOPTING AN ANNEXATION MAP
SHOWING THE TERRITORY OF ANNEXATION NO.3.
The special tax proposed to be levied within Annexation No.3 for facilities and services
to be supplied within Annexation No.3 shall be equal to the special tax levied to pay for the same
facilities and services in CFD No. 1033, except that a higher or lower special tax may be levied
within Annexation No.3 to the extent that the actual cost of providing the facilities and services
in Annexation No.3 is higher or lower than the cost of providing those facilities and services in
CFD No. 1033. Notwithstanding the foregoing, the special tax may not be levied at a rate that is
higher then the maximum special tax authorized to be levied pursuant to the Rate and Method of
Apportionment.
The special taxes herein authorized, to the extent possible, shall be collected in the same
manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and
lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that
may not be collected on the County tax roll shall be collected through a direct billing procedure by
the Treasurer.
The maximum special tax rate in CFD No. 1033 shall not be increased as a result of the
annexation of Annexation No.3 to CFD No. 1033.
SECTION 10. Public Hearing. Notice is given that on the 19111 day of November, 2007 at
the hour of 4:00 p.m., in the regular meeting place of the Mayor and Common Council, being the
Council Chambers, City Hall, located at 300 North "D" Street, San Bernardino, California 92418,
a public hearing will be held where the Mayor and Common Council will consider the
authorization for the annexation of Annexation No.3 to CFD No.1 033, the proposed method and
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION
NO.3) TO COMMUNITY FACILITIES DISTRICT NO. 1033, AND ADOPTING AN ANNEXATION MAP
SHOWING THE TERRITORY OF ANNEXATION NO.3.
apportionment of the special tax to be levied with Annexation No.3 and all other matters as set
forth in this Resolution ofIntention.
At such public hearing, the testimony of all interested persons for or against the annexation
of Annexation No.3 or the levying of special taxes within Annexation No.3 will be heard. At such
public hearing, protests against the proposed annexation of Annexation No.3, the levy of special
taxes within Annexation No.3 or any other proposals contained in this resolution may be made
orally by any interested person. Any protests pertaining to the regularity or sufficiency of the
proceedings shall be in writing and shall clearly set forth the irregularities or defects to which
objection is made. All written protests shall be filed with the City Clerk prior to the time fixed for
the public hearing. Written protests may be withdrawn at any time before the conclusion of the
public hearing.
SECTION 11. Maiority Protest. If (a) 50% or more of the registered voters, or six (6)
registered voters, whichever is more, residing within CFD No. 1033; (b) 50% or more of the
registered voters, or six (6) registered voters, whjchever is more, residing within Annexation No.
3; (c) owners of one-half or more of the area ofland in the territory included in CFD No. 1033; or
(d) owners of one-half or more of the area ofland in the territory included in Annexation No.3,
file written protests against the proposed annexation of Annexation No.3 to CFD No. 1033 and
such protests are not withdrawn so as to reduce the protests to less than a majority, no further
proceedings shall be undertaken for a period of one year from the date of the decision by the Mayor
and Common Council on the issues discussed at the public hearing.
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION
NO.3) TO COMMUNITY FACILITIES DISTRICT NO. 1033, AND ADOPTING AN ANNEXATION MAP
SHOWING THE TERRITORY OF ANNEXATION NO.3.
SECTION 12. Notice. Notice of the time and place of the public hearing shall be given
by the City Clerk by publication in the legally designated newspaper of general circulation, said
publication pursuant to Section 6061 of the Government Code, with said publication to be
completed at least seven (7) days prior to the date set for the public hearing.
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION
NO.3) TO COMMUNITY FACILITIES DISTRICT NO. 1033, AND ADOPTING AN ANNEXATION MAP
SHOWING THE TERRITORY OF ANNEXATION NO.3.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof held on
the
day of
, 2007, by the following vote, to-wit:
Council Members: AYES
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
NAYS
ABSTAIN ABSENT
City Clerk
The foregoing resolution is hereby approved this _ day of
Approved as to form:
Q~ 1--P~
J~MES F. PENMAN, City Attorney
V
10/12/07
,2007.
PATRICK J. MORRIS, Mayor
City of San Bernardino
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EXHIBIT "A"
EXHIBIT B
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 of the 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.
"Commercial/RetaiVOffice/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 1 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 governmental 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, final 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 I 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 I and the paragraphs that
follow Table I.
Table I
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)
I
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 (3oth)
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 Council shall
determine the Special Tax to be collected from Taxable Property in CFD No. 1033. The
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 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
Council in any Fiscal Year.
F. Prepayment ofthe 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. 1. 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 administrative charge per Assessor Parcel.
d. The Special Tax applicable to property utilizing a prepayment percentage
less than 100% shall be revised in the Fiscal Year 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 of CFD 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 ofCFD No. 1033 shall terminate.
Pursuant to Section 53330.5 ofthe 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 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.