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HomeMy WebLinkAbout11-Development Services 01 01NAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Authorization for the Director of Finance to amend the FY 07/08 Dept: Development Services Budget in the amount of $31,200 for work completed under terms of Date: October 30, 2007 Agreement approved by Resolution No. 2005-270 (Frank R. Cortez and Irene D. Cortez). MCC Date: November 5, 2007 Synopsis of Previous Council Action: 08/01/05 Resolution No. 2005-270 adopted approving an agreement with Frank R. Cortez and Irene D. Cortez, relating to property at 3008 Broadmoor Boulevard, San Bernardino 92404-2316 (Waterman Avenue and 30th Street). Recommended Motion: Authorize the Director of Finance to amend the FY 07/08 Budget by transferring $16,000 from Account No. 126-369-5504-7233 "SS-A Bridge and Railing Repairs at Various Locations (Annual)" and $15,200 from Account No. 126-369-5504-7360 "SS-E Miscellaneous Infrastructure Repairs (Annual)" to Account No. 126-369-5504-7503 "SS05-04 Broadmoor Boulevard/30th Street/Waterman Avenue Safety Sidewalk, ADA and Wall." Valerie C. Ross Contact person: Robert Eisenbeisz Acting City Engineer Phone:5203 Supporting data attached: Staff Report Ward: 7 FUNDING REQUIREMENTS: Amount: $31,200 Source: (Acct. No.) 126-369-5504-7233; 126-369-5504- 7360; & 126-369-5504-7503 Acct. Description: Gas Tax Fund Finance: Council Notes Agenda Item No. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Authorization for the Director of Finance to amend the FY 07/08 Budget in the amount of $31,200 for work completed under terms of Agreement approved by Resolution No. 2005-270 (Frank R. Cortez and Irene D. Cortez). Background: On August 1, 2005, the Mayor and Common Council adopted Resolution No. 2005-270 approving an agreement with Frank R. Cortez and Irene D. Cortez, relating to a single-family house located at the northeast corner of Waterman Avenue and 30th Street. As originally constructed, the house took access via two driveways, one on Waterman Avenue and one on 301h Street. Both driveways were very close to the northeast corner of this very busy intersection and were not consistent with the City's policy of not allowing driveways from single family houses to access directly onto major arterial highways. In the interest of public safety, an agreement was approved with Frank R. Cortez and Irene D. Cortez to close the driveways on Waterman Avenue and 30th Street and construct a new garage and driveway facing Broadmoor Boulevard. Under terms of the agreement, the City would remove the driveways on Waterman Avenue and 30th Street, construct ADA improvements at the northeast corner of the intersection, construct a sidewalk along the north side of 301h Street and construct a decorative block wall along the north side of 30th Street adjacent to the property. In exchange,the owners were required to dedicate 6 feet of right-of-way for a sidewalk along the north side of 30th Street and to construct a new garage and driveway facing Broadmoor Boulevard. The City agreed to reimburse the owners an amount up to $48,200 for the cost of relocation, which included $17,000, which had previously been paid upon execution of the easement deed dedicating the 6 feet of additional right-of-way along the north side of 30th Street adjacent to the property. The work required of the City was completed in 2006 and the property owners started work on the new garage in March of 2007. The work on the new garage was completed and the Building Division on August 7, 2007 made a final inspection and acceptance. Mr. Cortez has submitted a request for reimbursement in the amount of $31,200 that is the balance of the amount authorized for payment upon completion and acceptance of work on the new garage. Mr. Cortez has submitted receipts totaling in excess of $31,200 and executed an affidavit on October 11, 2007, (see attached copy) attesting that he has paid more than $31,200 for labor and materials to service providers for construction of the new garage and driveway. Therefore, staff recommends that Frank R. Cortez and Irene D. Cortez be reimbursed in the amount of$31,200. 2 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT - Continued Financial Impact: It is recommended that the FY 07/08 Budget be amended by transferring $16,000 from Account No. 126-369-5504-7233 "SS-A Bridge and Railing Repairs at Various Locations (Annual)" and $15,200 from Account No. 126-369-5504-7360 "SS-E Miscellaneous Infrastructure Repairs (Annual)" to Account No. 126-369-5504-7503 "SS05-04 Broadmoor Boulevard/30th Street/Waterman Avenue Safety Sidewalk, ADA and Wall." Upon completion of the transfer, sufficient funds will be available to reimburse Mr. and Mrs. Cortez under terms of the agreement. The transfer of funds from Project Nos. SS-A and SS-E will not affect any specific work currently underway or planned. Recommendation: Authorize the Director of Finance to amend the FY 07/08 Budget by transferring $16,000 from Account No. 126-369-5504-7233 "SS-A Bridge and Railing Repairs at Various Locations (Annual)" and $15,200 from Account No. 126-369-5504-7360 "SS-E Miscellaneous Infrastructure Repairs (Annual)" to Account No. 126-369-5504-7503 "SS05-04 Broadmoor Boulevard/301h Street/Waterman Avenue Safety Sidewalk, ADA and Wall." Attachments: Declaration of Frank R. Cortez &Agreement 3 ORIGINAL. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Authorization to Proceed and Resolution of Intention and Approving Annexation Map No. 4 for Dept: Development Services property consisting of an industrial development located on the southwesterly side of Cajon Boulevard, Date: November 2, 2007 southeasterly of Glen Helen Parkway(DP II No. 06- 23), relative to Community Facilities District No. 1033 (Verdemont Fire Station) . File No.14.40-132.04 MCC Date: November 5, 2007 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. 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. 1033 Annexation No. 4 for property consisting of an industrial development (DP II No. 06-23), located on the southwesterly side of Cajon Boulevard, southeasterly of Glen Helen Parkway (APN's 0348- 151-01, 02 and 0262-011-38). 2. Adopt resolution. c'r Valerie C. Ross Contact person: LASZLO "Les" FOGASSY Phone: 5026 Staff Report, Vicinity Supporting data attached: Map, Resolution Ward: 6 FUNDING REQUIREMENTS: Amount: $5,900 (Processing fee) Source: (Acct. No.) 137-000-2301-6066 (Acct. Description) CFD 1033 Annexation Formation Deposit Finance: Council Notes: �e 5v 2,a07, a 1 //6-lb-7 Agenda Item No. , CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Authorization to Proceed and Resolution of Intention and Approving Annexation Map No. 4 for property consisting of an industrial development located on the southwesterly side of Cajon Boulevard, southeasterly of Glen Helen Parkway(DP II No. 06-23), relative to Community Facilities District No. 1033 (Verdemont Fire Station) . 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 corners 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. 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: In-Lieu Fee OR Annual assessment if paid through the CFD • Residential $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). On August 14, 2007, this office received a letter from Hillwood, the developer of a 135 acre site consisting of three parcels located on the southwesterly side of Cajon Boulevard, southeasterly of Glen Helen Parkway, requesting the annexation into CFD 1033, along with the $5,900 processing fee. The requirement to pay the In-Lieu fee, or annex into the CFD, is a condition of approval for development of this site under DP II No. 06-23. The assessor's parcel numbers for the development are 0348-151-01, 0348-151-02 and 0262-011-38. The attached Resolution of Intention and Approving Annexation Map No. 4, sets a public hearing for December 17, 2007. A notice and ballot will be mailed to the property owner 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. Since the annexation, or payment of In-Lieu fee is a condition of approval for this development, a 100% approval is anticipated. In the event that the property owner does not return a favorable ballot, the In-Lieu Fee will have to be paid prior to issuance of a Certificate of Occupancy. The total annual assessment approved for all prior annexations to CFD 1033, including the original formation of the district, is $236,036. Approval of this annexation will add an annual amount of$350,277, for a total of $586,313. The assessments will have an annual increase of 2%. FINANCIAL IMPACT: The annexation processing fee has been paid by the property owner. The initial annual assessments will be $350,277, with an annual increase of 2% each year. RECOMMENDATION: Staff recommends that authorization to proceed be given and the attached resolution be adopted. a m Ohb F m /rye q�e 1 Location of�*11416 ' CAL-STATE proposed UNIVERSITY 18 CFD Annexation No. A 3 ♦ NorthPark BN4 No Scale Y � 40th St. 330 0, > a VERDEMONT f/1 FIRE STATION O�J O Marshall Blvd. of ro—AII a� – 210 cm Highland Ave. 259 Q 21st St. ° E Base Line St. `' in ° x a� 9th St a C 5th St. Rialto Ave. > � 15 Mill St. o 0 U 210 N real a Orange Show Rd. •0 0 VICINITY MAP VERDEMONT FIRE STATION SERVICE AREA SHOWN AS : CITY OF SAN BERNARDINO PROPOSED ANNEXATION NO. 4 — DEVELOPMENT SERVICES DEPARTMENT COMMUNITY FA CI LI TES DISTRICT NO. REAL PROPERTY SECTION 1033 — VERDEMONT FIRE STATION ® indicates un—incorporated areas within City's Sphere of Influence Created by: L,re 2!�t Date: /o`sA2 1 COPY 2 RESOLUTION NO. 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 4 SAN BERNARDINO DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY GENERALLY LOCATED ON THE SOUTHWEST 5 SIDE OF CAJON BOULEVARD, SOUTHEASTERLY OF GLEN HELEN PARKWAY (ANNEXATION NO. 4) TO COMMUNITY FACILITIES DISTRICT NO. 1033, AND 6 ADOPTING AN ANNEXATION MAP SHOWING THE TERRITORY OF ANNEXATION 7 NO. 4. 8 WHEREAS. the City of San Bernardino, California (the "City"), is a municipal 9 10 corporation and charter city, duly organized and existing pursuant to the provisions of the 11 Constitution of the State of California; and, 12 WHEREAS, the Mayor and Common Council of the City at this time desires to authorize 13 the annexation of territory to Community Facilities District No. 1033, City of San Bernardino 14 (hereafter referred to as"CFD No. 1033") pursuant to the terms and provisions of the "Mello-Roos 15 16 Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the 17 Government Code of the State of California, as amended (the "Act"'), and, 18 WHEREAS, CFD No. 1033 was formed to finance public facilities and services in 19 addition to those provided in or required for the territory within the CFD No. 103'1 and will not be 20 replacing facilities and services already available. 21 WHEREAS, certain territory is proposed to be annexed to CFD No. 1033 and such 22 23 territory shall be known and designated as Community Facilities District No. 1033. Annexation No. 24 4 (hereafter referred to as "Annexation No. 4"). 25 WHEREAS, the Mayor and Common Council now desires to proceed to adopt its 26 Resolution of Intention to annex Annexation No. 4 into CFD No. 1033, to describe the territory 27 included within Annexation No. 4 proposed to be annexed,to specify the facilities and services to 28 11/02/07 1 NO . I i 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION 2 OF TERRITORY (ANNEXATION NO. 4)TO COMMUNITY FACILITIES DISTRICT NO. 1033,AND ADOPTING AN ANNEXATION MAP SHOWING THE TERRITORY OF ANNEXATION NO. 4. 3 4 be financed from the proceeds of the levy of special taxes within Annexation No. 4, to set and 5 6 specify the special taxes that would be levied within the territory to finance such facilities and 7 services, and to set a time and place for a public hearing relating to the annexation of Annexation 8 No. 4 into CFD No. 1033; and, 9 WHEREAS, a map showing the boundaries of Annexation No. 4 proposed to be annexed 10 has been submitted, and a copy of the map shall be kept on file in the City Clerk's Office with the 11 12 records of these proceedings. 13 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 14 FOLLOWS: 15 SECTION 1. Recitals. The above recitals are all true and correct. 16 SECTION 2. Authorization. These proceedings for annexing Annexation No. 4 into 17 CFD No. 1033 are authorized and initiated by the Mayor and Common Council pursuant to the 18 19 Act. 20 SECTION 3. Intention to Annex. The Mayor and Common Council hereby determines 21 that the public convenience and necessity requires that Annexation No. 4 be added to CFD No. 22 1033 in order to pay the costs and expenses for the required and authorized new facilities and 23 services generated from new development within the City and the Mayor and Common Council 24 25 therefore, declares its intention to annex Annexation No. 4 to CFD No. 1033. 26 SECTION 4. Adoption of Annexation Map. The map showing Annexation No. 4 and 27 the territory to be subject to the levy of a special tax by CFD No. 1033 upon the annexation of 28 11/02/07 2 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION 2 OF TERRITORY (ANNEXATION NO. 4)TO COMMUNITY FACILITIES DISTRICT NO. 1033,AND ADOPTING AN ANNEXATION MAP SHOWING THE TERRITORY OF ANNEXATION NO. 4. 3 4 such territory to CFD No. 1033 is hereby approved and adopted. Such map is designated by the 5 6 name of `Annexation Map No. 4 of Community Facilities District No. 1033, City of San 7 Bernardino, County of San Bernardino, State of California", on file in the office of the City 8 Clerk, a copy of which is attached hereto as Exhibit "A" and made a part hereof. 9 SECTION 5. Map Certificate. A certificate shall be endorsed on the original and on at 10 least one (1) copy of the map of Annexation No. 4, evidencing the date and adoption of this 11 12 Resolution. and within fifteen days after the adoption of this Resolution, a copy of said map shall 13 be filed with the correct and proper endorsements thereon with the County Recorder, all in the 14 manner and form provided in Section 3111 of the Streets and Highways Code of the State 15 California. 16 SECTION 6. Boundaries. A general description of the boundaries of Annexation No. 4 17 18 proposed to be annexed is as follows: 19 All that territory proposed to be annexed to CFD No. 1033, as such property is shown on a map designated as "Annexation Map No. 4 of Community Facilities 20 District No. 1033, City of San Bernardino, County of San Bernardino, State of California," attached hereto as Exhibit"A" and hereby incorporated by reference. 21 22 SECTION 7. Name of District. The name of the district is "Community Facilities 23 District No. 1033" and the designation for the territory to be annexed shall be "Community 24 Facilities District No. 103':), Annexation No. 4." 25 SECTION 8. Facilities and Services Authorized to be Financed by CFD No. 1033, 26 Annexation No. 4. The facilities and services that are authorized to be financed by CFD No. 27 28 1033 are certain facilities and services which are in addition to those provided in or required for 11/02/07 3 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION 2 OF TERRITORY (ANNEXATION NO. 4)TO COMMUNITY FACILITIES DISTRICT NO. 1033,AND ADOPTING AN ANNEXATION MAP SHOWING THE TERRITORY OF ANNEXATION NO.4. 3 4 the territory within CFD No. 1033 and Annexation No. 4 and will not be replacing facilities and 5 6 services already available. A general description of the facilities and services to be financed by 7 CFD No. 1033 is as follows: 8 The continued operation and maintenance of the Verdemont Fire Station, including but not 9 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 10 expenses required to keep such equipment and improvements in fit operating condition and any incidental expenses (collectively, the "O&M Expenses"), and all necessary 11 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 12 the proposed facilities and services. 13 The same types of facilities and services which are authorized to be financed by CFD No. 14 15 1033 are the types of facilities and services to be provided in Annexation No. 4. If and to the extent . 16 possible, such facilities and services shall be provided in common within CFD No. 1033 and 17 Annexation No. 4. 18 SECTION 9. Special Taxes. It is the further intention of the Mayor and Common Council 19 that, except where funds are otherwise available, a special tax sufficient to pay for such services 20 to be provided in CFD No. 1033 and Annexation No. 4 and related incidental expenses authorized 21 22 by the Act, secured by recordation of a continuing lien against all non-exempt real property in 23 Annexation No. 4, will be levied annually within the boundaries of such Annexation No. 4. For 24 further particulars as to the rate and method of apportionment of the proposed special tax, reference 25 is made to the attached and incorporated Exhibit"B" (the "Rate and Method of Apportionment'), 26 which sets forth in sufficient detail the method of apportionment to allow each landowner or 27 28 resident within proposed Annexation No. 4 to clearly estimate the maximum amount that such 11/02/07 4 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION 2 OF TERRITORY (ANNEXATION NO. 4)TO COMMUNITY FACILITIES DISTRICT NO. 1033, AND ADOPTING AN ANNEXATION MAP SHOWING THE TERRITORY OF ANNEXATION NO. 4. 3 4 person will have to pay. 5 6 The special tax proposed to be levied within Annexation No. 4 for facilities and services 7 to be supplied within Annexation No. 4 shall be equal to the special tax levied to pay for the same 8 facilities and services in CFD No. 1033, except that a higher or lower special tax may be levied 9 within Annexation No. 4 to the extent that the actual cost of providing the facilities and services 10 in Annexation No. 4 is higher or lower than the cost of providing those facilities and services in 11 CFD No. 1033. Notwithstanding the foregoing, the special tax may not be levied at a rate that is 12 13 higher then the maximum special tax authorized to be levied pursuant to the Rate and Method of (W 14 Apportionment. 15 The special taxes herein authorized, to the extent possible, shall be collected in the same 16 manner as ad valorem properly taxes and shall be subject to the same penalties, procedure, sale and 17 lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that 18 19 may not be collected on the County tax roll shall be collected through a direct billing procedure by 20 the Treasurer. 21 The maximum special tax rate in CFD No. 1033 shall not be increased as a result of the 22 annexation of Annexation No. 4 to CFD No. 1033. 23 SECTION 10. Public Hearing. Notice is given that on the 17t" day of December, 2007 at 24 25 the hour of 4:00 p.m.. in the regular meeting place of the Mayor and Common Council, being the 26 Council Chambers, City Hall, located at 300 North"D" Street, San Bernardino, California 92418, 27 a public hearing will be held where the Mayor and Common Council will consider the 28 11/02/07 5 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION 2 OF TERRITORY (ANNEXATION NO. 4)TO COMMUNITY FACILITIES DISTRICT NO. 1033,AND ADOPTING AN ANNEXATION MAP SHOWING THE TERRITORY OF ANNEXATION NO. 4. 3 4 authorization for the annexation of Annexation No. 4 to CFD No. 1033; the proposed method and 5 6 apportionment of the special tax to be levied with Annexation No. 4 and all other matters as set 7 forth in this Resolution of Intention. 8 At such public hearing, the testimony of all interested persons for or against the annexation 9 of Annexation No. 4 or the levying of special taxes within Annexation No. 4 will be heard. At such 10 public hearing, protests against the proposed annexation of Annexation No. 4, the levy of special 11 12 taxes within Annexation No. 4 or any other proposals contained in this resolution may be made 13 orally by any interested person. Any protests pertaining to the regularity or sufficiency of the 14 proceedings shall be in writing and shall clearly set forth the irregularities or defects to which 15 objection is made. All written protests shall be filed with the City Clerk prior to the time fixed for 16 the public hearing. Written protests may be withdrawn at any time before the conclusion of the 17 public hearing. 18 19 SECTION 11. Maiority Protest. If(a) 50% or more of the registered voters, or six (6) 20 registered voters, whichever is more, residing within CFD No. 1033; (b) 50% or more of the 21 registered voters, or six (6) registered voters, whichever is more, residing within Annexation No. 22 4; (c) owners of one-half or more of the area of land in the territory included in CFD No. 1033; or 23 (d) owners of one-half or more of the area of land in the territory included in Annexation No. 4, 24 25 file written protests against the proposed annexation of Annexation No. 4 to CFD No. 1033 and 26 such protests are not withdrawn so as to reduce the protests to less than a majority, no further 27 proceedings shall be undertaken for a period of one year from the date of the decision by the Mayor 28 11/0/2/0 7 6 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION 2 OF TERRITORY (ANNEXATION NO. 4)TO COMMUNITY FACILITIES DISTRICT NO. 1033, AND ADOPTING AN ANNEXATION MAP SHOWING THE TERRITORY OF ANNEXATION NO. 4. 3 4 and Common Council on the issues discussed at the public hearing. 5 6 SECTION 12. Notice. Notice of the time and place of the public hearing shall be given 7 by the City Clerk by publication in the legally designated newspaper of general circulation, said 8 publication pursuant to Section 6061 of the Government Code, with said publication to be 9 completed at least seven (7) days prior to the date set for the public hearing. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11/02/07 7 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION - 2 OF TERRITORY(ANNEXATION NO. 4)TO COMMUNITY FACILITIES DISTRICT NO. 1033,AND ADOPTING AN ANNEXATION MAP SHOWING THE TERRITORY OF ANNEXATION NO. 4. 3 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 7 the day of 2007, by the following vote, to-wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 10 ESTRADA 11 BAXTER 12 BRINKER 13 DERRY 14 KELLEY 15 16 JOHNSON 17 MCCAMMACK 18 19 City Clerk 20 The foregoing resolution is hereby approved this day of , 2007. 21 22 23 PATRICK J. MORRIS, Mayor Citv of San Bernardino 24 25 Approved as to form: 26 27 JAMES F. PENMAN, City Attorney 28 11/02/07 8 I W° o 0 Q Z °QO w oz 4000- w oas� o_= L LL�.p Zo j ~U m WiUmO pN LU z N d u V�W<�< aO wU' �FO.�IpYry��H O Z W U y Z O S � R Z0 Oz m \ Zvi ¢ V Wg 2wZV Z LLI ZQ CO OZwLL p i-o wwPS ❑YQYN< aCO: ° ya �O O WO NU<W~� U OwW 2WOj OF <O SZ = W yy <LL ZdO ZON J mrm ¢mN2 O '�a Na O yMj y g W 2 F m U G K �, O Z 7 O¢w 0 S E W O F- [� ?ZZ zwF K, O ZLL Z W KU W ZN y2 �( K - r J a O i_ O. w W m 0 0 0 m a< >O O UZ �O N Z a Zr rF mp0 F�WF o pv I-W Z f H "' O FBI O UJ W O F W>W Z ZN Ow OZ U= Z Zj J OYw ma Z CLLO D a❑ F LL->OZ°❑U O H m p Z� R z �rI " S'g ' P< U Z N Z W i w Z <n0< - J Z Fl z Z WO S o Zz0 Ol ¢z 2o a¢ W O 1�- - I p O 'z<W NZW O ❑ Zw M O Z mZ ? i Q r 1- < < < w` z w ¢ uw2 i ¢? ' TO Rw z 'C'z J W wF �a a aiw a °o=wN v F❑Nm 11.w❑Q a Z y W W CO Z �LU Z Z LL OZ W O Up w O LL Z O ;0 LL � rL Z — oED< Q p. 0 a z Q ZW o c� �mm LLJ mzL) i Z F- ¢'�W N O QO -� W0. X Q o L < L 3 a U Z LLJ } _ s z ~ �� QZ 0 � o U ®� H x 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 of CFD 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/Retail/Office/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. 0 "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 I 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 1st 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 of CFD 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) Special Land Use Class Land Use Description Tax Per Unit (2004-05) 1 Single Family Detached Unit $350.00 2 Multi-Family Unit/Attached Dwelling Unit $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) Special Land Use Class Land Use Description Tax Per Acre (2004-05) 3 Commercial $2,445.00 4 Retail $2,445.00 5 Office $2,445.00 ,. 6 Industrial $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 (30`x') 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 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. 1. by one minus the quotient obtained by dividing the cash payment made by the owner pursuant to this Section'F. 1 .b. by the maximum prepayment obligation determined pursuant to Section F. 1 .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 1 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 Ic 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 y� 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.1 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 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.