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HomeMy WebLinkAbout33-Development Services CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Dept: Development Services Date: April 8, 2008 File No. 14.40-132.06 Sublect: Public hearing, 4:00 p.m., and Resolution approving the annexation, Resolution calling a special election and Resolution certifying the results of an election relative to CFD 1033 Annexation No. 6 for property consisting of an industrial development located on the southwesterly side of Industrial Parkway, southeasterly of Palm Avenue (DP II No. 07-17). MCC Date: May 19, 2008 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. 04-07-2008 -Authorization to proceed with CFD 1033 Annexation No. 6 was given and Resolution of Intention No. 2008-88 was adopted. Recommended Motion: 1. That the public hearing relative to Annexation No. 6 to Community Facilities District No. 1033 be closed; AND 2. Adopt Resolution Approving Annexation No. 6; AND 3. Adopt Resolution Calling the Special Election; AND 4. Adopt Resolution Certifying the results of an Election. I~~'~vG ~e4,,~ Valerie C. Ross Contact person: Ryan Sandoval phone: 5226 Staff Report, Map, 6 Supporting data attached: Re~,i,~r~~n~ (3.) Ward: FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A (Acct. Description) N/A Finance: Council Notes: `r ~ 9 ~~ Agenda Item No. Q CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public hearing, 4:00 p.m., and Resolution approving the annexation, Resolution calling a special election and Resolution certifying the results of an election relative to CFD 1033 Annexation No. 6 for property consisting of an industrial development located on the southwesterly side of Industrial Pazkway, southeasterly of Palm Avenue (DP II No. 07-17). BACKGROUND: On June 21, 2004, Resolution 2004-210 was adopted, establishing a Community Facilities District, known as CFD 1033 ("CFD"). This was in anticipation of funding a portion of the ongoing operation and maintenance costs for the fire station as a CEQA (California Environmental Quality Act) impact mitigation. Initially, the district boundary included two tracts on the northeast and northwest comers of Palm Avenue and Irvington Avenue, and a 90 acre parcel of land, located northwest of Little League Drive and the I-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 December 3, 2007, this office received a letter from Richazd Horn, on behalf of FHF Pazkway Development, LLC, the owner of a 4.78 acre site consisting of one parcel located on the ~'"~ southwesterly side of Industrial Parkway, southeasterly of Palm Avenue, requesting the ~.J 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. 07-17. The assessor's parcel number for the development is 0266-041-39. On April 7, 2008, Resolution of Intention No. 2008-88, approving Annexation Map No. 6, was adopted. The Resolution of Intention set a public hearing for May 19, 2008. 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 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 $591,616. Approval of this annexation will add an annual amount of $7,410, for a total of $599,026. The assessments will have an annual increase of 2%. Page 2 of 3 Staff Report -Continued ~' FINANCIAL IMPACT: The annexation processing fee of $5,900 has been paid by the property owner. The initial annual assessments will be $7,410, subject to 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. ATTACHMENT: Vicinity Map O Page 3 of 3 VI FI CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION indicates un-incorporated areas ® within City's Sphere of Influence PROPOSED ANNEXATION N0. 6 - CFD NO. 1033 - VERDEMONT FIRE STATION Cleated by: Ryan Sandoval Date: 03/02108 VICINITY MAP VERDEMONT FIRE STATION No Scole SERVICE AREA SHOWN AS : ~.~.~ 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY GENERALLY LOCATED BETWEEN INDUSTRIAL PARKWAY AND CAJON BOULEVARD SOUTHEASTERLY OF PALM AVENUE (ANNEXATION N0.6) TO COMMUNITY FACILITIES DISTRICT NO.1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS. WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation and charter city, duly organized and existing pursuant to the provisions of the Constitution of the State of California; and, WHEREAS, the Mayor and Common Council of the City, on April 7, 2008, adopted Resolution No. 2008-88 (hereafter referred to as the "Resolution of Intention's stating its intention to annex territory to City of San Bernardino Community Facilities District No. 1033 (hereafter referred to as "CFD No. 1033"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (hereafter referred to as the "Act"); and, WHEREAS, a copy of the Resolution of Intention, which states the authorized facilities and services to be provided and financed by CFD No. 1033, and a description and map of the proposed boundaries of the territory to be annexed to CFD No. 1033 ("Annexation No. 6'~, is on file with the City Clerk and is incorporated herein by this reference; and, WHEREAS, on the 19th of May, 2008, the Mayor and Common Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to CFD No. 1033; and, WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to CFD No. 1033 and the levy of said special taxes within /too . 33 ~ 04/09/08. 1 (j -~ ~ ~~ g 1 2 3 4 5 6 7 8 9 10 11 12 13 t^~, 14 ~,,•/ 15 16 17 21 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY GENERALLY LOCATED BETWEEN INDUSTRIAL PARKWAY AND CAJON BOULEVARD SOUTHEASTERLY OF PALM AVENUE (ANNEXATION NO. 6) 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 azea proposed to be annexed were heard and a full and fair hearing was held; and, WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to CFD No. 1033 by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD No. 1033, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed to CFD No. 1033, or (iii) owners of one-half or more of the area of land in the territory included in CFD No. 1033, or (iv) owners of one-half or more of the area of land in the territory proposed to be annexed to CFD No. 1033; and, WHEREAS, a boundary map for Annexation No. 6 to CFD No. 1033 has been filed with the County Recorder of the County of San Bernardino, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: SECTION 1. Recitals. The above recitals aze all true and correct. SECTION 2. Authorization. A11 prior proceedings taken by the Mayor and Common 25 26 27 28 Council with respect to CFD No. 1033 and the proposed annexation of territory thereto have been duly considered and aze hereby determined to be valid and in conformity with the Act. SECTION 3. Boundaries. The description and map of the boundaries of the territory to be annexed to CFD No. 1033, on file with the City Clerk aze hereby approved, aze incorporated herein by reference, and shall be included within the boundaries of CFD No. 1033, and -said 04/09/08 2 2 3 4 5 6 A RESOLUTION OF THE MAYOR AND COMMON COUNCH. OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY GENERALLY LOCATED BETWEEN INDUSTRIAL PARKWAY AND CAJON BOULEVARD SOUTHEASTERLY OF PALM AVENUE (ANNEXATION NO. 6) TO COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS. territory is hereby annexed to CFD No. 1033, subject to voter approval of the levy of the special taxes therein as hereinafter provided. SECTION 4. Facilities and Services. The facilities and services which CFD No. 1033 is V 1] 14 15 16 17 18 21 authorized to finance are in addition to those provided in or required for the territory within CFD No. 1033 and the territory to be annexed to CFD No. 1033 and will not be replacing services already available. A general description of the facilities and services to be financed is as follows: The continued operation and maintenance of the Verdemont Fire Station, including but not limited to payment of compensation of employees, including salary and benefits, maintenance and operation of fire safety vehicles and the fire station structures, any other expenses required to keep such equipment and improvements in fit operating condition and any incidental expenses (collectively, the "O&M Expenses', and all necessary administrative expenses of the City. The descriptions contained herein are general in nature and do not necessarily include all related and appurtenant costs and expenses necessary for the proposed facilities and services. SECTION 5. Special Taxes.. It is the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to pay for said facilities and services to be provided in CFD No. 1033 and the territory proposed to be annexed as part of Annexation No. 6, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 6, will be levied annually within the boundaries of Annexation No. 6 from and after the annexation of such property to CFD No. 1033. The special taxes shall be those as originally authorized through the formation of CFD No. 1033 and adopted by Ordinance of this legislative body, and no changes or modifications are proposed in the special taxes from those as originally set forth and made. applicable to CFD No. 1033. 04/09/08 1 2 3 4 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION ~OF TERRITORY GENERALLY LOCATED BETWEEN INDUSTRIAL PARKWAY AND CAJON BOULEVARD SOUTHEASTERLY OF PALM AVENUE (ANNEXATION NO. 6) TO COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS. For particulars as to the rate and method of apportionment of the proposed special tax (the 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 i,~~ 26 27 28 "RMA"), reference is made to the attached and incorporated Exhibit "A," which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexation No. 6 to clearly estimate the maximum annual amount that said person will have to pay on said special tax. SECTION 6. Election. The provisions of the Resolution of Intention as heretofore adopted by the Mayor and Common Council are by this reference incorporated herein. (a) Pursuant to the provisions of the Act, the proposition of the levy of the special tax within Annexation No. 6 shall be submitted to the voters within Annexation No. 6 at an election called therefore as hereinafter provided. The Mayor and Common Council hereby fords that fewer than 12 pecsons have been registered to vote within Annexation No. 6 for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by the Mayor and Common Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, the Mayor and Common Council finds that for purposes of these proceedings the qualified electors are the landowners within Annexation No. 6 and that the vote shall be by said landowners, each having one vote for each acre or portion thereof that said landowner owns in Annexation No. 6. (b) Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot under section 1340 of the California Elections Code. The Mayor and Common Council called a special election to consider the measures described and incorporated as Exhibit "B," which election shall be held on May 19, 2008 (hereafter referred to as "Election Day"). The City Clerk was the election official to conduct the election and provided each landowner in the territory to be annexed to CFD No. 1033, a ballot in the form of Exhibit "B", which form is hereby approved. The City Clerk has accepted the ballots of the qualified electors received prior to 4:00 o'clock p.m. on Election Day, whether received by mail or by personal delivery. 04/09/08 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY GENERALLY LOCATED BETWEEN INDUSTRIAL PARKWAY AND CAJON BOULEVARD SOUTHEASTERLY OF PALM AVENUE (ANNEXATION NO. 6) TO COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS. The Mayor and Common Council hereby further fords that the provision of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly. /// /// 04/09/08 5 A RESOLUTION OF THE MAYOR AND COMMON COUNCII. OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY GENERALLY LOCATED BETWEEN INDUSTRIAL PARKWAY AND CAJON BOULEVARD SOUTHEASTERLY OF PALM AVENUE (ANNEXATION NO. ~ TO COMMUNITY FACILITIES DISTRICT NO. 1033 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on 1 2 3 4 5 6 7 8 9 the day of Council Members: AYES 10 ESTRADA 11 BAXTER 12 BRINKER 13 DERRY ('`~, 14 ~/ KELLEY 15 ~ ~ JOHNSON 1 MCCAMMACK 2008, by the following vote, to-wit: NAYS ABSTAIN ABSENT City Clerk The foregoing resolution is hereby approved this day of 2008. 2111 PATRICK J. MORRIS, Mayor City of San Bernardino as to forn-: 271 I /J?~MES F. PENMAN, City Attorney 04/09/08 6 EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO.1033 CITY OF SAN BERNARDINO This Rate and Method of Apportionment of this Special Tax sets forth the special tax applicable to each Assessor's Parcel within Community Facilities District No. 1033 ("CFD No. 1033") of the City of San Bernardino ("City") to be levied and collected according to the special tax liability determined by the Common Council of the City, acting as the Legislative Body of CFD No. 1033. The applicable Special Tax shall be determined pursuant to the application of the appropriate amount or rate as described below. All Taxable Property within CFD No. 1033, unless exempted by law, or the provisions of Section E, below, shall be subject to the applicable Special Tax levied and collected to the extent and in the manner herein provided. This Rate and Method of Apportionment also is provided as an explanation to allow landowners or residents within CFD No. 1033 to estimate the Special Tax to be annually levied and collected, or prepaid, as the case may be, with regard to property within CFD No. 1033. A: Definitions "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 of Ute 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 Bernazdino County Assessor which has been assigned a discrete identifying parcel number. "CommerciaURetaiUOfl'ice/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 Yeaz 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 prepazed 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 Yeaz" means the period starting on July 1st and ending the following June 30th. "In-Lieu Fee" means aone-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 Industrial Zone $44,358.47 per acre of development as set forth on a site plan of development as an In-Lieu Fee $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 fiom 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/RetaiVOffice/Industrial Zone Properly. 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 Pazcel 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 Yeaz 2004-OS) Special Land Use Class Land Use Description Tax Per Unit (2004-OS) 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 Yeaz, up to the Fiscal Yeaz commencing July 1, 2033. The Special Tax shall terminate as to such Assessor's Pazcel at the close of the thirtieth (30~') 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/RetaiUOffice/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/RetaiVOffice/Industrial Zone Property (For the Initial Fiscal Yeaz 2004-OS) Special Land Use Class Land Use Description Tax Per Acre (2004-051 3 Commercial $2,445.00 4 Retail $2,445.00 •"`~ 5 Office $2,445.00 ~yr,~l 6 Industrial $2,445.00 ~"'j 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 Yeaz, up to the Fiscal Yeaz commencing July 1, 2033. The Special Tax shall terminate as to such Assessor's Pazcel at the close of the thirtieth (30a') Fiscal Yeaz 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 Taz Commencing with Fiscal yeaz 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 Yeaz during which such transfer occurs and will be subject to the Special Tax in each Fiscal Yeaz thereafter under the original Land Use Class for such Assessor's Parcel. Such Assessor's Pazcel may be exempted, at the direction, and in the discretion, of the Council in any Fiscal Yeaz. F. Prepayment of the Special Taz Any owner of property within CFD No. 1033 may dischazge 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 pazcel 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 Yeaz, and each Fiscal Yeaz 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/RetaiUOffice or Industrial zone property is $44,358.47. b. Determine the pmperty'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 Yeat, and each Fiscal Year thereafter, shall be the Special Tax for the applicable land use designation (Residential or CommerciaVRetaiUOffice/Industrial wne 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 Yeaz, 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 Yeaz, and each Fiscal Yeaz thereafter, shall be reduced according to the following steps: a. Compute the present value of the Special Tax using a period equal to the lesser of the remaining term for which the Special Tax may be levied on such parcel; then b. Multiply the amount determined in Section F.2.a; above, by the owner's desired prepayment percentage (which shall be a minimum of twenty ~~ percent (20%) of the present value of the total Special Tax) to determine the prepayment amount subject to additional adjustments as specified below; then c. Add the following to the result of Section F.2.b.: I) Unpaid special taxes, interest and penalties, if any, which have been entered on the Assessor's tax roll; and iv) a $75 administrative chazge 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 chazged 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 yeaz. 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 Taz 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 Pazcel. Furthermore, provided an owner within CFD No. 1033 fully and completely discharges their special tax obligation pursuant fo 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 Pazcel 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 Pazcel, 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" OFFICIAI. BALLOT SPECIAL ELECTION City of San Bernardino Community Facilities District No. 1033 Annexation No. 6 This ballot is for a spedal landowner election. You must return this ballot in the enclosed Identification Envelope ro the office of the City Clerk of the City of San Bernardino no later than 3:00 p.m. on May 19, 2008, by mail or in person; or in person to the location of the public hearing no later than 4:00 p.m. on May 19, 2008. The City Clerk's office is located at 300 N. "D" Street, 2^~ Floor, San Bernardino, California, 92418. The public hearing will be held at the City Councl Chambers, 300 N. "D" Street, San Bernardino, California. This ballot represents _ votes. To vote, mark a cross (I~ is the voting square after the word "YES" or after tits word "NO". All marks otherwise made are forbidden and make the ballot void. If you wrongly mazk, teaz, or deface this ballot, return it to the City Clerk of the City of San Bemazdino 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 Bemazdino, California, Authorizing the Annexation of Teaitory (Annexation No. 6) to Community Facilities District No. 1033 and Authorizing the Levy of a Special Tax and Submitting the Levy of Ta: ;yes to the Qualified Electors." (the "Resolution of Annexation's be levied annually on taxable property within City of San Bernazdino Community Facilities District No. 1033, Annexation No. 6, to pay for the continued operation and maintenance ; No of the Verdemont Fire Station, and incidental expenses thereto? PROPOSITION B: Shall the City of San Bernardino on behalf of City of San Bernazdino Community Facilities District No. 1033, Annexation No. 6 ("Atmeaation No. 6'~ establish an annual appropriations limit for Annexation No. ~ Yes 6, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, in the amount of;500,000? No fir./ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 211 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO. 6 OF CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 6 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT. WHEREAS, the City of San Bernazdino, California (the "City"), is a municipal corporation and charter city, duly organized and existing pursuant to the provisions of the Constitution of the State of California; and, WHEREAS, pursuant to Section 53325.1 of the California Government Code the Mayor and Common Council of the City of San Bemazdino (hereafter refereed to as the "City's have adopted the resolution authorizing the annexation of territory to City of San Bernardino Community Facilities District No. 1033, County of San Bemazdino, State of California (hereafter refereed to as "CFD No. 1033"); and WHEREAS, by that resolution, the Mayor and Common Council called special elections on the propositions to be submitted to the voters of the territory proposed to be annexed to CFD No. 1033 (hereafter referred to as "Annexation No. 6'~ with respect to the levy of special taxes therein; and WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary that the Mayor and Common Council submit to the voters of Annexation No. 6 the annual levy of special taxes on taxable property within Annexation No. 6; and WHEREAS, pursuant to Section 53325.7 of the California Government Code, the Mayor. and Common Council may also submit to the voters of Annexation No. 6 a proposition for the establishment of an appropriations limit for Annexation No. 6; and No . 3 3 05/13/08 1 s-~9 os ~+/ ~~ 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 21 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLIlVG A SPECIAL ELECTION_ AND .SUBMITTING TO THE VOTERS OF ANNEXATION N0.6 OF CITY OF SAN BERNARDBVO COMMUNITY FA~r.rTrFC DISTRICT NO. 1033 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WI'I'HW ANNEXATION NO. 6 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT. WHEREAS, the City Clerk has advised the Mayor and Common Council that she has received a statement from the Registrar of Voters of the County of San Bernardino that there are less than 12 persons registered to vote within Annexation No. 6; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: SECTION 1. Findines. The Mayor and Common Council finds that: (i) the foregoing recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory to be annexed to CFD No. 1033 for each of the 90 days preceding the close of the public hearing on May 19, 2008; (iii) pursuant to Section 53326 of the Califomia Government Code, as a result of the fmdings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the territory to be annexed to CFD No. 1033, whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within Annexation No. 6 which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) the owners of all of the land in Annexation No. 6 by written consent: (a) waived the time limits set forth in Section 53326 of the Califomia Government Code for holding the election called by this resolution and the election on the propositions; (b) consented to the holding of the election on May 19, 2008; (c) waived notice and mailed notice of the time and date of the election; (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 05/13/08 2 a 2 3 4 5 6 7 8 9 10 11 12 13 ../ 15 16 17 18 19 20 21 22 23 24 26 27 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING A SPECIAL ELECTIOPI AND SUBMITTING TO THE VOTERS OF ANNEXATION N0.6 OF CITY OF SAN BERNARDINO COMMUNITY FACH 1TIES DISTRICT N0.1033 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 6 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT. 9287, inclusive, and 9295 of that Code, and mailing of a statement pursuant to Section 9401 of that Code; and (e) waived a synopsis of the measures to be included in the official ballot for said elections pursuant to Section 12111 of that Code; and (v) the City has consented to the holding of the election on May 19, 2008. SECTION 2. Call of Election. The Mayor and Common Council hereby calls and schedules an election for May 19, 2008, on the proposition of the annual levy of special taxes on taxable property within Annexation No. 6 to CFD No. 1033, and on the proposition of the establishment of an appropriations limit for Annexation No. 6 to CFD No. 1033. SECTION 3. Propositions. The propositions to be submitted to the voters of Annexation No. 6 at such special election shall be as follows: PROPOSITION A: Shall special taxes with a rate and method of apportionment as set forth in Exhibit "A" to the resolution entitled "A Resolution of the Mayor and Common Council of the City of San Bernardino, California, Authorizing the Annexation of Territory Generally Located Between Industrial Parkway And Cajon Blvd. Southeasterly of Palm Ave. (Annexation No. 6) 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's be levied annually on taxable property within City of San Bernardino Community Facilities District No. 1033, Annexation No. 6, to pay for the continued operation and maintenance of the Verdemont Fire Station, and incidental expenses thereto? PROPOSITION B: Shall the City of San Bernardino on behalf of City of San Bernardino Community Facilities District No. 1033, Annexation No. 6 ("Annexation No. 6'~ establish an annual appropriations limit for Annexation No. 6, as defined by subdivision (h) of Section 8 of Article XII1B of the California Constitution, in the amount of $500,000? - 05/13/08 1 2 3 4 5 6 7 8 9 10 11 12 13 ~"^~• 14 15 16 17 V 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 N0.6 OF CITY OF SAN BERNARDINO COMMUNITY FACII.rt'IES DISTRICT NO. 1033 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 6 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT. SECTION 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, the consolidated special elections shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particulaz the provisions of Division 4 (commencing with Section 4000), of that Code, insofaz as they may be applicable. SECTION 5. Election Procedures. The procedures to be followed in conducting the consolidated special elections on (i) the proposition with respect to the levy of special taxes on taxable property within Annexation No. 6 to CFD No. 1033, and (ii) the proposition with respect to the establishment of an appropriations limit for Annexation No. 6 to CFD No. 1033 in the amount of $500,000 shall be as follows: (a) Pursuant to Section 53326 of the California Government Code, ballots for the Special Elections shall be distributed to the qualified electors by the City Clerk or their designee by mail or by personal service. (b) Pursuant to applicable. sections of the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to election conducted by mail, the City Clerk, or designee, shall mail or deliver to each qualified elector an official ballot in the appropriate form attached hereto as Exhibit "A," and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, a return identification envelope addressed to the City Clerk for the return of voted official ballots. 21 (c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner- voter. 25 26 27 28 05/13/08 4 1 2 3 4 5 11 1 21 A RESOLUTION OF THE MAYOR AND COMMON COUNCII, OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING A SPECIAL ELECTION_AND SUBMITTING TO THE VOTERS OF ANNEXATION N0.6 OF CITY OF SAN BERNARDIIVO COMMUNITY FACIIdTIES DISTRICT NO. 1033 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 6 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT. (d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed therm the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter 'is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The information to voter form to be delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon in the sealed return identification envelope with the certification thereon completed and signed and all other inforn-ation to be inserted thereon properly inserted by 4:00 p.m. on the 19th day of May 2008; provided that if all qualified electors have voted, the elections shall be closed with the concurrence of the City Clerk. (f) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the elections, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the Mayor and Common Council as to the results of such canvass and the election on each proposition set forth in the official ballot. /// /// 05/13/08 1 2 3 4 5 6 7 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDWO, CALIFORNIA, CALLUYG A SPECIAL ELECTION_AND SUBMITTIIYG TO THE VOTERS OF ANNEXATION N0.6 OF CITY OF SAN BERNARDINO COMMUNITY FACII.ITIES DISTRICT NO.1033 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 6 AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on the day of , 2008, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSEN V ESTRADA 10 BAXTER 11 12 BRINKER 1311 DERRY 14 15 16 17 18 KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of 211 PATRICK J. MORRIS, Mayor City of San Bernardino as to form: ~... T ' 1~~-` F. PENMAN, City Attorney 05/13/08 6 2007. EXHIBIT "A" ~r OFFICIAL BALLOT SPECIAL ELECTION Gry of San Berttardino Community Facilities District No. 1033 Annexation No. 6 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 Ciry of Saa Bcmazdino no later than 3:00 p.m. on May 19, 2008, by mail or in person; of in person to the location of the public hearing no later than 4:00 p.m. on May 19, 2008. The City Clerk's office is located at 300 N. "D" Street, 2^d Floor, San Bernardino, California, 92418. The public hearing will be held at the Ciry Council Chambers, 300 N. "D" Street, San Bernardino, California. This ballot represents _ votes. To vote, mark a cross ~ in dte 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 mazk, tear, or deface this ballot, return it to the City Clerk of the Ciry of San Bernardino to obtain a replacement ballot. PROPOSITION A: Shall special fazes 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. ~ to Community Facilities District No: j 1033 and Authorizing the Levy of a Special Tax and Submitting the Levy of Ta: ;yes to the Qualified Electors." (the "Resolution of Annexation's be levied annually on taxable property within Ciry of San Bernardino Cortununiry Facilities District 1 No. 1033, Annexation No. 6, to pay for the continued opendon and maintenance ; No of the Verdemont Fire Station, and incldental expenses thereto? PROPOSITION B: Shall the City of San Bernardino on behalf of Gty of San Bernardino Community Facilities District No. 1033, Annexation No. 6 ; ("Annexation No. 6'~ establish an atmual appropriations litnit for Atmezation No. ;Yes 6, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, in the amount of;500,000? No 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION N0.6. WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation and charter city, duly organized and existing pursuant to the provisions of the Constitution of the State of California; and, WHEREAS, the Mayor and Common Council, have previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof ("the Act"). The existing Community Facilities District being designated as Community Facilities District No. 1033 (hereafter referred to as "CFD No. 1033'x; and, WHEREAS, the Mayor and Common Council initiated proceedings to annex certain territory to Community Facilities District No. 1033, Annexation No. 6 (hereafter referred to as "Annexation No. 6"); and WHEREAS, at this time the unanimous consent to iF-e annexation of Annexation No. 6 has been received from the property owner or owners of such territory; and WHEREAS, less than twelve (12) registered voters have resided within the territory of Annexation No. 6 for each of the ninety (90) days preceding May 19, 2008, therefore, pursuant to the Act the qualified electors of Annexation No. 6 shall be the "landowners" of Annexation No_ 6 as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record, or the authorized representative thereof, shall have one vote for each acre or 05/13/08 1 /too , 33.1/ 5 -l9 a8 •.~+` 1 2 3 4 5 6 7 8 9 10 1] 12 13 14 15 16 171 1 21~ A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAW FINDINGS, CERT[F~'1NG THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION N0.6. portion of an acre of land that she or he owns within Annexation No. 6; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within Annexation No. 6 to the qualified electors of Annexation No. 6 and the requirements for impartial analysis and ballot azguments have been waived with the unanimous consent of the qualified electors of Annexation No. 6; and WHEREAS, the City Clerk of the City of San Bemazdino has caused ballots to be distributed to the qualified electors of Annexation No. 6, has received and canvassed such ballots and made a report to the Mayor and Common Council regarding the results of such canvas, a copy of which is attached as Exhibit "A" hereto and incorporated herein by this reference; and WHEREAS, at this time the measure voted upon and such measure did receive the favorable 2/3's vote of the qualified electors, and the Mayor and Common Council desires to declare the results of the election; and WHEREAS, a map showing the territory to be annexed and designated as Annexation No. 6 (hereafter referred to as the "Annexation Map"), a copy of which is attached as Exhibit "B" hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as Exhibit "C" hereto and incorporated herein by this reference, has been submitted to the Mayor and Common Council. `"' /// ~ /// 25 26 ® 27 28 05/13/08 2 ~Mr° 1 2 3 4 5 6 7 8 9 10 it 12 13 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION N0.6. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Findin¢s. This Mayor and Common Council does hereby determine as follows: (a) The unanimous consent to the annexation of Annexation No. 6 to CFD No. 1033 has been given by all of the owners within Annexation No. 6 and such consent shall be kept on file in the Office of the City Clerk. (b) Less than twelve (12) registered voters have resided within the territory of Annexation No. 6 for each of the ninety (90) days preceding May 19, 2008, therefore, pursuant to the Act the qualified electors of Annexation No. 6 shall be the "landowners" of such Annexation No. 6 as such term is defined in Government Code Section 53317(f). (c) The qualified electors of Annexation No. 6 have unanimously voted in favor of the levy of special taxes within Annexation No. 6 upon its annexation to CFD No. 1033. SECTION 3. Annexed Area. The boundaries and pazcels of territory within Annexation 211 23 24 25 26 27 No. 6 and on which special taxes will be levied in order to pay for the costs and expenses of authorized public facilities and services aze shown on the Annexation Map as submitted to and hereby approved by this Mayor and Common Council. SECTION 4. Declazation of Annexation. The Mayor and Common Council do hereby determine and declare that Annexation No. 6 is now added to and becomes a part of CFD No. 1033: The Mayor and Common Council, acting as the legislative body of CFD No. 1033, aze hereby empowered to levy the authorized special tax within Annexation No. 6. OS/13/08 3 1r+~ 1 2 3 4 5 6 7 11 12 13 14 15 i6 17 18 21I i 27I 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNTTY FACILITIES DISTRICT NO. 1033, ANNEXATION N0.6. SECTION 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows: An Amendment to the Notice of Special Tax Lien shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. /// /// 05/13/08 4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 as to form: 24 25 26 27 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1033, ANNEXATION NO. 6. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on the day of , 2008, by the following vote, to-wit: Council Members: AYES ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK NAYS ABSTAIN ABSENT City Clerk The foregoing resolution is hereby approved this day of , 2008. F 05/13/08 City Attorney PATRICK J. MORRIS, Mayor City of San Bernazdino 5 V 2 3 4 5 6 7 9 10 11 12 13 141' 15 17 18 19 20 21 22 23 24 25 26 ~; 27 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYWG THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILTfIES DISTRICT NO. 1033, ANNEXATTON N0.6. EXHIBIT A Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF SAN BERNARDINO ) The undersigned, ELECTION OFFICIAL OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 1033 ANNEXATION N0.6 SPECIAL ELECTION in the City, held on May 19, 2008. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed, Annexation No. 6 to Community Facilities District No. 1033 of the City of San Bemazdino for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION 1: YES NO VOTES CAST ON PROPOSITION 2: YES NO WITNESS my hand this _ day of , 2008 City Clerk, Rachel Clazk City of San Bernardino 05/13/08 ~$¢g~ a ~~a i ~ w ~43a ~~~ ,~~~ ~~~ ~~ ~~ Ig ~ ~~ I~ ~ €~ ~~ ~ ~ ~~ d~ ~ ~~~ _s ~~ ~LLe ~~~ ~~ ~ ~ ~ 9~e au ~:~~~ ~ 9~ e~~~ y~~ ~~ e~ E~ ~~ 5 ~F p ~~~~ am~ ~ I ~ ® ~ ~w m ~ ~~ g M ~)~ ~ O I I C$ ~ U~ oZ ~ ~ mU ~ ao ~ ~ z~ ~~ ~ o= ~a~ LL u~ o~ m ~ ~ ~€~ ~ '~ ZZ Z i u N Q 2 N ~ t ~ • m ~ Pt, U t m e2 ~ i e ~I wi o t4 0 0 2 ~ ~ e r N ~ _ • f ~~ .~ 2 5 _U !i ~ ~ W N I ~'~ C 1 ~ ~! ,.v" LL =_ f Silt tXl'fItlIT "B" EXHIBIT C List of Properties to be Annexed APN(s) Landowner(s) 0266-041-39 FHF Parkway Development, LLC