HomeMy WebLinkAbout28-Development Services ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Public hearing, 4:00 p.m., and
Resolution approving the annexation,
Dept: Development Services Resolution calling the special election and
Resolution certifying the results of an election
Date: November 26, 2007 -CFD 1033 Annexation 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).
File No.14.40-132.04 MCC Date: December 17, 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.
11-05-2007-Authorization to proceed with CFD 1033 Annexation No. 4 was given and
Resolution of Intention No. 2007-429 was adopted.
Recommended Motion:
1. That the public hearing relative to Annexation No. 4 to Community Facilities District No.
1033 be closed; AND
2. Adopt Resolution Approving Annexation No. 4; AND
3. Adopt Resolution Calling the Special Election; AND
4. Adopt Resolution Certifying the results of an Election.
(/`)F*k-
Valerie C. Ross
Contact person: LASZLO "Les" FOGASSY Phone: 5026
Supporting data attached: Staff Report, Map, Ward: 6
Resolutions (3)
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes: «Glsd °ZGY�'1- , aGY�7- 4/?1�, o2007--
Agenda Item No. ZF �*
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public hearing, 4:00 p.m., and Resolution approving the annexation, Resolution calling the
special election and Resolution certifying the results of an election—CFD 1033 Annexation 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).
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.
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. 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.
On November 5, 2007, Resolution of Intention No. 2007-429, approving Annexation Map No. 4,
was adopted. The Resolution of Intention set a public hearing for December 17, 2007. A Notice
and a 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 Certifying the Results of an Election will
need to be considered. Approval of the annexation process and assessment levy normally
requires 2/3rds of the votes received in favor of the annexation and assessment. Since there is
only one property owner, it will require 1 ballot in favor of the proposed annexation and
proposed assessment. Since the annexation, or payment of In-Lieu fee is a condition of approval
for these developments, a favorable ballot is anticipated. In the event that the property owner
does not return a favorable ballot, the owner will have to pay the In-Lieu Fee pursuant to the
Conditions of Approval, and prior to obtaining a Certificate of Occupancy.
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. 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.
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VICINITY MAP
VERDEMONT FIRE STATION
SERVICE AREA SHOWN AS : �m�m�
CITY OF SAN BERNARDINO PROPOSED ANNEXATION NO. 4 —
DEVELOPMENTSERVICESDEPARTMENT COMMUNITY FACILITIES DISTRICT NO.
REAL PROPERTY SECTION 1033 — VERDEMONT FIRE STATION
® indicates un—incorporated areas
within City's Sphere of Influence
Created by: , ��,`�SS Date:
' I
1 RESOLUTION NO.
2
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF
4 TERRITORY (ANNEXATION NO. 4) TO COMMUNITY FACILITIES DISTRICT NO.
1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE
5 LEVY OF TAX TO THE QUALIFIED ELECTORS.
6
7 WHEREAS, the City of San Bernardino, California (the "City"), is a municipal
8 corporation and charter city, duly organized and existing pursuant to the provisions of the
9 Constitution of the State of California; and,
10 WHEREAS,the Mayor and Common Council of the City, on November 5, 2007, adopted
11
Resolution No. 2007-429 (hereafter referred to as the "Resolution of Intention") stating its
12
13 intention to annex territory to City of San Bernardino Community Facilities District No. 1033
14 (hereafter referred to as "CFD No. 1033"), pursuant to the Mello-Roos Community Facilities Act
15 of 1982, as amended (hereafter referred to as the "Act");
16 WHEREAS, a copy of the Resolution of Intention, which states the authorized facilities
17 and services to be provided and financed by CFD No. 1033, and a description and map of the
18
19 proposed boundaries of the territory to be annexed to CFD No. 1033 ("Annexation No. 4"), is on
20 file with the City Clerk and the provisions thereof are fully incorporated herein by this reference
21 as if fully set forth herein;
22 WHEREAS, on the 17th of December, 2007, the Mayor and Common Council held a
23 noticed public hearing as required by the Act and the Resolution of Intention relative to the
24
proposed annexation of territory to CFD No. 1033;
25
26 WHEREAS, at said hearing all interested persons desiring to be heard on all matters
27 pertaining to the annexation of territory to CFD No. 1033 and the levy of said special taxes within
28 /a-i7 Q7
11/20/07 1 Wo , a 6
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
1 CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 4) TO
COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX
2 AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS.
3
the area proposed to be annexed .N ere heard and a full and fair hearing was held;
4
5 WHEREAS, prior to the time fixed for said hearing, written protests had not been filed
6 against the proposed annexation of territory to CFD No. 1033 by(i) 50%or more of the registered
7 voters, or six registered voters,whichever is more,residing in CFD No. 1033, or(ii) 50% or more
8 of the registered voters, or six registered voters, whichever is more, residing in the territory
9 proposed to be annexed to CFD No. 1033, or(iii) owners of one-half or more of the area of land
10
11 in the territory included in CFD No. 1033, or(iv) owners of one-half or more of the area of land
12 in the territory proposed to be annexed to CFD No. 1033; and
13 WHEREAS,a boundary map for Annexation No. 4 to CFD No. 1033 has been filed "kith
14 the County Recorder of the County of San Bernardino, which map shows the territory to be
15 annexed in these proceedings, and a copy thereof is on file with the City Clerk.
16
17 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
18 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
FOLLOWS:
19 SECTION 1. Recitals. The above recitals are all true and correct.
20
SECTION 2. Authorization. All prior proceedings taken by the Mayor and Common
21
22 Council with respect to CFD No. 1033 and the proposed annexation of territory thereto have been
23 duly considered and are hereby determined to be valid and in conformity with the Act.
24 SECTION 3. Boundaries. The description and map of the boundaries of the territory to
25 be annexed to CFD No. 1033, on file with the City Clerk are hereby finally approved, are
26
incorporated herein by reference, and shall be included within the boundaries of CFD No. 1033.
27
28
11/20/07 2
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
1 CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 4) TO
COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX
2 AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS.
3
and said territory is hereby annexed to CFD No. 1033, subject to voter approval of the levy of the
4
5 P therein p
special taxes th ein as hereinafter provided.
6
SECTION 4. Facilities an
d Services. The facilities and services which D
CF No. 1033 is
7 authorized to finance are in addition to those provided in or required for the territory within CFD
8 No. 1033 and the territory to be annexed to CFD No. 1033 and will not be replacing services
9 already available. A general description of the facilities and services to be financed is as follows:
10
The continued operation and maintenance of the Verdemont Fire Station, including but
11 not limited to payment of compensation of employees, including salary and benefits,
12 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
13 condition and any incidental expenses (collectively, the "O&M Expenses"), and all
necessary administrative expenses of the City. The descriptions contained herein are
14 general in nature and do not necessarily include all related and appurtenant costs and
15 expenses necessary for the proposed facilities and services.
16 SECTION 5. Special Taxes. It is the intention of this legislative body that, except where
17
18 funds are otherwise available, a special tax sufficient to pay for said facilities and services to be
19 provided in CFD No. 1033 and the territory proposed to be annexed as part of Annexation No. 4,
20 secured by recordation of a continuing lien against all non-exempt real property in Annexation No.
21 4, will be levied annually within the boundaries of Annexation No. 4 from and after the annexation
22 of such property to CFD No. 1033. The special taxes shall be those as originally authorized
23
through the formation of CFD No. 1033 and adopted by Ordinance of this legislative body, and no
24
25 changes or modifications are proposed in the special taxes from those as originally set forth and
26 made applicable to CFD No. 1033.
27
28
11/20/07 3
y
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
.rug 1 CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 4) TO
COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX
2 AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS.
3
For particulars as to the rate and method of apportionment of the proposed special tax(the
4
5 "RMA"), reference is made to the attached and incorporated Exhibit "A," which sets forth in
6 sufficient detail the method of apportionment to allow each landowner or resident within the
7 Annexation No. 4 to clearly estimate the maximum annual amount that said person will have to pay
8 on said special tax.
9 SECTION 6 Election. The provisions of the Resolution of Intention of the City each as
10
11 heretofore adopted by the Mayor and Common Council are by this reference incorporated herein,
12 as if fully set forth herein.
13 (a) Pursuant to the provisions of the Act, the proposition of the levy of
the special tax within Annexation No. 4 shall be submitted to the voters
14 within Annexation No. 4 at an election called therefore as hereinafter
provided. The Mayor and Common Council hereby finds that fewer than 12
15 persons have been registered to vote within Annexation No. 4 for each of
16 the 90 days preceding the close of the hearing heretofore conducted and
concluded by the Mayor and Common Council for the purposes of these
17 annexation proceedings. Accordingly, and pursuant to Section 53326 of the
Act, the Mayor and Common Council finds that for purposes of these
18 proceedings the qualified electors axe the landowners within Annexation
19 No. 4 and that the vote shall be by said landowners, each having one vote
fer each acre or portion thereof that said landowner owns in Annexation No.
20 4.
21 (b) Pursuant to Section 53326 of the Act, the election shall be
22 conducted by mail ballot under section 1340 of the California Elections
Code. The Mayor and Common Council called a special election to
23 consider the measures described and incorporated as Exhibit "B," which
election shall be held on December 17, 2007 (hereafter referred to as
24 "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
25 No. 1033, a ballot in the form of Exhibit "B", which form is hereby
26 approved. The Cit,✓Clerk has accepted the ballots of the qualified electors
received prior to 4:00 o'clock p.m. on Election Day, whether received by
27 mail or by personal delivery.
28
11/20/07 4
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO.
1 CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 4) TO
COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX
2 AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS.
3
The Mayor and Common Council hereby further finds that the provision of
4 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
5 requirement and the date for the election hereinabove specified is
6 established accordingly.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11/20/07 5
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
1 CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 4) TO
COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX
2 AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS.
3
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4
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
Council Members: AYES NAYS ABSTAIN ABSENT
8
9 ESTRADA
10 BAXTER
11 BRINKER
12 DERRY
13
KELLEY
14
15 JOHNSON
16 MCCAMMACK
17
18 City Clerk
19 The foregoing resolution is hereby approved this day of
2007'
20
21
22 PATRICK J. MORRIS, Mayor
City of San Bernardino
23
Approved as to
24
� I
25 AMES F. PENMAN, City Attorney
26
27
28
11/20/07 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 t Section 53311 of Division 2 of Title 5 of the California
p ( g )
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.
"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 prepared ineers Re ort re ared 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 (collective)Y, 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 l 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
g ,
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 an .Fiscal Year, on Jul 1 2005 and on
p Y Y � Y � ,
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'h)
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/Retaii/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 (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 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.
low 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
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.:
1) 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.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.
EXHIBIT `B"
r
"gin Er raard1to
OFFICIAL BALLOT
SPECIAL ELECTION
City of San Bernardino Community Facilities District No. 1033
Annexation No.4
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 December 17,2007,by mail or in person;or in person to the location of the public hearing no later than
4:00 p.m. on December 17,2007. 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. 4) to
Community Facilities District No. 1033 and Authorizing the Levy of a Special Yes a
Tax and Submitting the Levy of Tax to the Qualified Electors." (the "Resolution
of Annexation's be levied annually on taxable property within City of San
Bernardino Community Facilities District No. 1033,Annexation No. 4, to pay for ; No ❑
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. 4
("Annexation No. 4") establish an annual appropriations limit for Annexation Yes
No.4,as defined by subdivision (h) of Section 8 of Article XIIIB of the
California Constitution,in the amount of$500,000?
No
El ,
COPY
2 RESOLUTION NO.
3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
4 SAN BERNARDINO, CALIFORNIA, CALLING A SPECIAL ELECTION AND
SUBMITTING TO THE VOTERS OF ANNEXATION NO. 4 OF CITY OF SAN
5 BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033 PROPOSITIONS
6 REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO.
4 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT.
7
8 WHEREAS, the City of San Bernardino, California (the "City"), is a municipal
9 corporation and charter city, duly organized and existing pursuant to the provisions of the
10
Constitution of the State of California; and,
11
WHEREAS,pursuant to Section 53325.1 of the California Government Code the Mayor and
12
13 Common Council of the City of San Bernardino (hereafter referred to as the "City") have adopted
14 the resolution authorizing the annexation of territory to City of San Bernardino Community
15 Facilities District No. 1033, County of San Bernardino, State of California (hereafter referred to
16 as "CFD.No. 1033"); and
17
18 WHEREAS, by that resolution,the Mayor and Common Council called special elections on
19 the propositions to be submitted to the voters of the territory proposed to be annexed to CFD No.
20 1033 (hereafter referred to as"Annexation No. 4")with respect to the levy of special taxes therein;
21 and
22 WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary
23
that the Mayor and Common Council submit to the voters of Annexation No. 4 the annual levy of
24
25 special taxes on taxable property within Annexation No. 4; and
26 WHEREAS,pursuant to Section 53325.7 of the California Government Code, the Mayor
27 and Common Council may also submit to the voters of Annexation No. 4 a proposition for the
28
12/1 3/07
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
1 BERNARDINO,CALIFORNIA,CALLING A SPECIAL ELECTION AND SUBMITTING TO THE
VOTERS OF ANNEXATION NO.4 OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES
2 DISTRICT NO. 1033 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES
WITHIN ANNEXATION NO. 4 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT.
3
4
establishment of an appropriations limit for Annexation No. 4; and
5
6 WHEREAS, the City Clerk has advised the Mayor and Common Council that she has
7 received a statement from the Registrar of Voters of the County of San Bernardino that there are
8 less than 12 persons registered to vote within Annexation No. 4;
9
10 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,AS
11 FOLLOWS:
12 SECTION 1. Findings. The Mayor and Common Council finds that: (i) the foregoing
13 recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory to
14
be annexed to CFD No. 1033 for each of the 90 days preceding the close of the public hearing on
15
16 December 17, 2007; (iii)pursuant to Section 53326 of the California Government Code, as a result
17 of the findings set forth in clause (ii)above,the vote in the special election called by this resolution
18 shall be by the landowners of the territory to be annexed to CFD No. 1033,whose property would
19 be subject to the special taxes if they were levied at the time of the election, and each landowner
20 shall have one vote for each acre, or portion thereof, which he or she owns within Annexation No.
21
22 4 which would be subject to the proposed special taxes if they were levied at the time of the
23 election; (iv) the owners of all of the land in Annexation No. 4 by written consent(a) waived the
24 time limits set forth in Section 53326 of the California Government Code for holding the election
25 called by this resolution and the election on the propositions (b) consented to the holding of the
26 election on December 17, 2007, (c) waived notice and mailed notice of the time and date of the
27
election, (d)waived an impartial analysis by the City Attorney of the ballot propositions pursuant
28
12/13/07 2
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
1 BERNARDINO,CALIFORNIA,CALLING A SPECIAL ELECTION AND SUBMITTING TO THE
VOTERS OF ANNEXATION NO. 4 OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES
2 DISTRICT NO. 1033 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES
WITHIN ANNEXATION NO.4 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT.
3
4
to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections
5
6 9281 to 9287, inclusive, and 9295 of that Code, and mailing of a statement pursuant to Section
7 9401 of that Code, and (e) waived a synopsis of the measures to be included in the official ballot
8 for said elections pursuant to Section 12111 of that Code; and(v)the City Clerk(hereafter referred
9 to as the "City Clerk") has consented to the holding of the election on December 17, 2007.
10
11 SECTION 2. Call of Election. The Mayor and Common Council hereby calls and
12 schedules an election for December 17,2007,on the proposition of the annual levy of special taxes
13 on taxable property within Annexation No. 4 to CFD No. 1033, and on the proposition of the
14
establishment of an appropriations limit for Annexation No. 4 to CFD No. 1033.
15
16 SECTION 3. Propositions. The propositions to be submitted to the voters of Annexation
17 No. 4 at such special election shall be as follows:
18
19 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
20 of the City of San Bernardino, California, Authorizing the Annexation of Territory (Annexation
21 No. 4)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
22 annually on taxable property within City of San Bernardino Community Facilities District No.
1033,Annexation No. 4,to pay for the continued operation and maintenance of the Verdemont Fire
23 Station, and incidental expenses thereto?
24 PROPOSITION B: Shall the City of San Bernardino on behalf of City of San Bernardino
25 Community Facilities District No. 1033, Annexation No. 4 ("Annexation No. 4") establish an
annual appropriations limit for Annexation No. 4, as defined by subdivision (h) of Section 8 of
26 Article XII1B of the California Constitution, in the amount of$500,000?
27
28
12/13/07 3
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.4 OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES
2 DISTRICT NO. 1033 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES
WITHIN ANNEXATION NO.4 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT.
3
4
SECTION 4. Conduct of Election. Except as otherwise provided in Section 5 hereof,
5
6 the consolidated special elections shall be conducted by the City Clerk in accordance with the
7 provisions of the California Elections Code governing mail ballot elections of cities, and in
8 particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar
9 as they may be applicable.
10
11 SECTION 5. Election Procedures. The procedures to be followed in conducting the
12 consolidated special elections on (i) the proposition with respect to the levy of special taxes on
13 taxable property within Annexation No. 4 to CFD No. 1033, and (ii) the proposition with
=� 14
respect to the establishment of an appropriations limit for Annexation No. 4 to CFD No. 1033
15
16 in the amount of$500,000 shall be as follows:
17
(a) Pursuant to Section 53326 of the California Government Code,
18 ballots for the Special Elections shall be distributed to the qualified electors
19 by the City Clerk or their designee by mail or by personal service.
20 (b) Pursuant to applicable sections of the California Elections Code
governing the conduct of mail ballot elections of cities, and in particular
21 Division 4 (commencing with Section 4000) of that Code with respect to
election conducted by mail, the City Clerk, or designee, shall mail or
22 deliver to each qualified elector an official ballot in the appropriate form
23 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
24 identification envelope addressed to the City Clerk for the return of voted
official ballots.
25
(c) The official ballot to be mailed or delivered by the City Clerk to
26 each landowner-voter shall have printed or typed thereon the name of the
27 landowner-voter and the number of votes to be voted by the landowner-
voter.
28
12/13/07 4
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
1 BERNARDINO,CALIFORNIA,CALLING A SPECIAL ELECTION AND SUBMITTING TO THE
VOTERS OF ANNEXATION NO. 4 OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES
2 DISTRICT NO. 1033 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES
WITHIN ANNEXATION NO. 4 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT.
3
4
(d) The return identification envelope mailed or delivered by the City
5 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,
6 (iii) a declaration under penalty of perjury stating that the voter is the
7 landowner or the authorized representative of the landowner entitled to vote
the enclosed ballot and is the person whose name appears on the
8 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
9 the declaration, and (vii) a notice that the envelope contains an official
10 ballot and is to be opened only by the City Clerk.
11 (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
12 returned to the City Clerk properly voted as provided thereon in the sealed
return identification envelope with the certification thereon completed and
13 signed and all other information to be inserted thereon properly inserted by
14 4:00 p.m. on the 17th day of December 2007; provided that if all qualified
electors have voted, the elections shall be closed with the concurrence of
15 the City Clerk.
16 (f) Upon receipt of the return identification envelopes, which are
17 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
18 with the Mayor and Common Council as to the results of such canvass and
19 the election on each proposition set forth in the official ballot.
20
21
22
23
24
25
26
27
28
12%13%07 5
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
1 BERNARDINO,CALIFORNIA,CALLING A SPECIAL ELECTION AND SUBMITTING TO THE
VOTERS OF ANNEXATION NO.4 OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES
2 DISTRICT NO. 1033 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES
WITHIN ANNEXATION NO. 4 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT.
3
4
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof held on
7 the day of , 2007, by the following vote, to-wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
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
City of San Bernardino
24
Approved as to f
25
26 J F. PENMAN, City Attorney
27
28
12/13/07 6
i
EXHIBIT "A"
,r+an P,[�raard�x,
OFFICIAL BALLOT
SPECIAL ELECTION
City of San Bernardino Community Facilities District No. 1033
Annexation No. 4
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 December 17,2007,by mail or in person;or in person to the location of the public hearing no later than
4:00 .m. on December 17 2007. The City »
Clerk a
p ry s office is located at 300 N. D Street,2 Floor,San
Bernardino
California,ornia 92418.The
public hearing nng 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. 4) to
Community Facilities District No. 1033 and Authorizing the Levy of a Special : Yes
Tax and Submitting the Levy of Tax to the Qualified Electors." (the "Resolution
of Annexation'D be levied annually on taxable property within City of San
Bernardino Community Facilities District No. 1033,Annexation No. 4, to pay for ; No ❑
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. 4
("Annexation No.4") establish an annual appropriations limit for Annexation ' Yes
No. 4,as defined by subdivision (h) of Section 8 of Article XIIIB of the
California Constitution,in the amount of$500,000?
No
o �
1 RESOLUTION NO.
2
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING
4 THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY
FACILITIES DISTRICT NO. 1033, ANNEXATION NO. 4.
5
6 WHEREAS, the City of San Bernardino, California (the "City'), is a municipal
7 corporation and charter city, duly organized and existing pursuant to the provisions of the
8
Constitution of the State of California; and,
9
10 WHEREAS, the Mayor and Common Council of the City of San Bernardino, have
11 previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos
12 Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the
13 Government Code of the State of California, said Article 3.5 thereof("the Act"). The existing
14 Community Facilities District being designated as Community Facilities District No. 1033
15
(hereafter referred to as "CFD No. 1033"); and,
16
17 WHEREAS, the Mayor and Common Council initiated proceedings to annex certain
18 territory to Community Facilities District No. 1033, Annexation No. 4 (hereafter referred to as
19 "Annexation No. 4"); and
20 WHEREAS,at this time the unanimous consent to the annexation of Annexation No. 4 has
21
been received from the property owner or owners of such territory; and
22
23 WHEREAS, less than twelve (12) registered voters have resided within the territory of
24 Annexation No. 4 for each of the ninety (90) days preceding December 17, 2007. therefore.
25 pursuant to the Act, the qualified electors of Annexation No. 4 shall be the "landox��ners' of
26 Annexation No. 4 as such term is defined in Government Code Section 5331 7(f) and each such
27
landowner who is the owner of record, or the authorized representative thereof, shall have one vote
28
12/13/07 1
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
1 CALIFORNIA,MAKING CERTAIN FINDINGS,CERTIFYING THE RESULTS OF AN ELECTION AND
ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033,ANNEXATION NO.4.
2
3 for each acre or portion of an acre of land that she or he owns within Annexation No. 4; and
4 WHEREAS, the time limit specified by the Act for conducting an election to submit the
5 levy of the special taxes on the property within Annexation No. 4 to the qualified electors of
6
\nnexation No. 4 and the requirements for impartial analysis and ballot arguments have been
7
8 waived with the unanimous consent of the qualified electors of Annexation No. 4; and
9 WHEREAS, the City Clerk of the City of San Bernardino has caused ballots to be
10 distributed to the qualified electors of Annexation No. 4, has received and canvassed such ballots
11 and made a report to the Mayor and Common Council regarding the results of such canvas,a copy
12
13 of which is attached as Exhibit "A"hereto and incorporated herein by this reference; and
14 WHEREAS, at this time the measure voted upon did receive the favorable 2/3's vote of
15 the qualified electors, and the Mayor and Common Council desires to declare the results of the
16 election; and
17 WHEREAS, a map showing the territory to be annexed and designated as Annexation No.
18
4 (hereafter referred to as the "Annexation Map"), a copy of which is attached as Exhibit "B"
19
20 hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and
21 landowners, a copy of which is attached as Exhibit "C" hereto and incorporated herein by this
22 reference, has been submitted to the Mayor and Common Council.
23
24
25
26
27
28
12/13/07
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
1 CALIFORNIA,MAKING CERTAIN FINDINGS,CERTIFYING THE RESULTS OF AN ELECTION AND
ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033,ANNEXATION NO. 4.
2
3 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
4 FOLLOWS:
5 SECTION 1. Recitals. The above recitals are all true and correct.
6
7 SECTION 2. Findings. This Mayor and Common Council does hereby determine as
8 follows-
9
10 (a) The unanimous consent to the annexation of Annexation No. 4 to
CFD No. 1033 has been given by all of the owners within Annexation No.
11 4 and such consent shall be kept on file in the Office of the City Clerk.
12 (b) Less than twelve (12) registered voters have resided within the
13 territory of Annexation No. 4 for each of the ninety (90) days preceding
December 17,2007, therefore, pursuant to the Act the qualified electors of
14 Annexation No. 4 shall be the "landowners" of such Annexation No. 4 as
15 such term is defined in Government Code Section 53317(f).
16 (c) The qualified electors of Annexation No. 4 have unanimously voted
in favor of the levy of special taxes within Annexation No. 4 upon its
17 annexation to CFD No. 1033.
18
19 SECTION 3. Annexed Area. The boundaries and parcels of territory within Annexation
20 No. 4 and on which special taxes will be levied in order to pay for the costs and expenses of
21 authorized public facilities and services are shown on the Annexation Map as submitted to and
22 hereby approved by this Mayor and Common Council.
23
24 SECTION 4. Declaration of Annexation. The Mayor and Common Council do hereby
25 determine and declare that Annexation No. 4 is now added to and becomes a part of CFD No.
26
27 1033. The Mayor and Common Council, acting as the legislative body of CFD No. 1033, are
28 hereby empowered to levy the authorized special tax within Annexation No. 4.
11/20/07 3
. I
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
1 CALIFORNIA, MAKING CERTAIN FINDINGS,CERTIFYING THE RESULTS OF AN ELECTION AND
ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO. 4.
2
3 SECTION 5. Notice. Immediately upon adoption of this Resolution, notice shall be
4 given as follows:
5
6 An Amendment to the Notice of Special Tax Lien shall be recorded in the Office of the
County Recorder no later than fifteen (1 5) days after the date of adoption of this
7 Resolution.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
bL 27
28
11/20/07 4
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
1 CALIFORNIA,MAKING CERTAIN FINDINGS,CERTIFYING THE RESULTS OF AN ELECTION AND
ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033,ANNEXATION NO.4.
2
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4 Common Council of the CAN,of San Bernardino at a meeting thereof held on
5 the day of 2007, by the following vote, to-wit:
6
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9
10 BAXTER
11 BRINKER
12 DERRY
13 KELLEY
' 1W 14 JOHNSON
15 MCCAMMACK
16
17
18 City Clerk
19 The foregoing resolution is hereby approved this day of . 2007.
20
21
PATRICK J. MORRIS, Mayor
22 City of San Bernardino
23 Approved as to fo
24
25 S F. PENMAN. City Attorney
26
27
28
11/20/07 5
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
1 CALIFORNIA,MAKING CERTAIN FINDINGS,CERTIFYING THE RESULTS OF AN ELECTION AND
ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033,ANNEXATION NO.4.
2
3
4 EXHIBIT A
5 Certificate of Election Official and Statement of Votes Cast
6 STATE OF CALIFORNIA )
7 COUNTY OF SAN BERNARDINO ) SS.
CITY OF SAN BERNARDINO )
8
9 The undersigned,ELECTION OFFICIAL OF THE CITY OF SAN BERNARDINO, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to
10 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
11 cast at the
12 CITY OF SAN BERNARDINO
13 COMMUNITY FACILITIES DISTRICT NO. 1033
ANNEXATION NO. 4
14 SPECIAL ELECTION
15 M the City, held on December 17, 2007.
16 1 FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast
17 in the area proposed to be annexed, Annexation No. 4 to Community Facilities District No. 103
of the City of San Bernardino for or against the Measure are full, true and correct.
18
VOTES CAST ON PROPOSITION 1: YES
19 NO
20
21 VOTES CAST ON PROPOSITION 2: YES
NO
22
23 WITNESS my hand this day of , 2007
24
25
26 City Clerk, Rachel Clark
27 City of San Bernardino
28
11/20/07
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EXHIBIT "B"
EXHIBIT C
List of Properties to be Annexed
APN(s) Landowner(s)
0262-011-38 North San Bernardino Industrial Park, LLC
0348-151-01 North San Bernardino Industrial Park, LLC
0348-151-02 North San Bernardino Industrial Park, LLC
11/20/07