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HomeMy WebLinkAboutItem No. 05 - Second Reading and Adoption of Ordinanace No. MC-1528 Consent Calendar City of San Bernardino Request for Council Action Date: March 4, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Kris Jensen, Director of Public Works Subject: Second Reading and Adoption of Ordinanace No. MC-1528 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, conduct the Second Reading and adoption of Ordinance No. MC-1528, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2020-21 to pay the annual costs of the maintenance and servicing of street lights, traffic signals, parks, parkways, streets, roads, and open space, the operation and maintenance of storm drainage systems, a reserve fund for Capital Replacement, and Administrative Expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). Background On December 4, 2019, the Mayor and City Council adopted Resolution No. 2019-346, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance -Roos Community Facilities Act of A public hearing was set for January 15, 2020 for the issue of establishment of the community facilities district. Due to a technical issue with the ballot, the Mayor and City Council continued the public hearing to February 5, 2020. On February 5, 2020, the Mayor and City Council adopted Resolution No. 2020-20 amending Community Facilities District No. 2019-1 (Maintenance Services) to include Annexation No. 3 (Tax Zone No. 4, APN 0266-041-39) and held a special landowner election and canvassed the election. The Mayor and City Council then adopted Resolution No. 2020-21 declaring the results of the special landowner election and introduced Ordinance No. MC-1528, amending Ordinance No. MC-1522 and levying special taxes for Fiscal Year 2020-21, and scheduled for second reading and adoption on March 4, 2020. Discussion At the February 5, 2020 Mayor and City Council meeting, this ordinance was introduced for first reading. This is the required second reading and adoption. The Ordinance will become effective 30 days from the date of adoption. Page 1 6628 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 1: Fiscal Stability. Approval of this ordinance will establish an ongoing revenue source to offset costs associated with future maintenance needs in public rights of way. Fiscal Impact There is no fiscal impact associated with the recommended action of this item. All costs associated with annexing property into the District have been borne by the Property Owner. By annexing the subject property into the District, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD 2019- Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, conduct the Second Reading and adoption of Ordinance No. MC-1528, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2020-21 to pay the annual costs of the maintenance and servicing of street lights, traffic signals, parks, parkways, streets, roads, and open space, the operation and maintenance of storm drainage systems, a reserve fund for Capital Replacement, and Administrative Expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). Attachments Attachment 1 Ordinance No. MC-1528 (Ordinance Levying Special Taxes) Attachment 2 Project Location Map Ward: All Synopsis of Previous Council Actions: June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services of the City of San Bernardino (the "Resolution of Intention"), pursuant to the provisions of the "Mello- Roos Community Facilities Act of 1982". July 17, 2019 Mayor and City Council adopted Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and conducted the first reading of Ordinance No. MC-1522, levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019 Mayor and City Council conducted the final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019- 20 to pay annual costs of maintenance, services and expenses with Page 2 6628 respect to Community Facilities District No. 2019-1. December 4, 2019 Mayor and City Council adopted Resolution No. 2019-346, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 3) of the City of San Berna -Roos Community Facilities Act of January 15, 2020 Mayor and City Council continued the public hearing to February 5, 2020, due to a technical issue with the ballot. February 5, 2020 Mayor and City Council conducted a public hearing, adopted Resolution No. 2020-20 calling an election to submit to the qualified electors the question of levying a special tax within the are proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No. 3), and adopted Resolution No. 2020-21 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 3); and introduced Ordinance No. MC-1528 amending Ordinance No. MC-1522 levying special taxes to be collected during Fiscal Year 2020-2021 to pay the annual costs of the maintenance with respect to City of San Bernardino Community Facilities District No. 2019-1 (Annexation No. 3). Page 3 ORDINANCE NO. MC-1528 AN ORDINANCE AMENDING ORDINANCE NO. MC-1522 AND LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2020-21 TO PAY THE ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF LANDSCAPING, LIGHTING, WATER QUALITY IMPROVEMENTS, GRAFFITI, STREETS, STREET SWEEPING, PARKS AND TRAIL MAINTENANCE, A RESERVE FUND FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on January 15, 2020, at the time and place specified in said published and mailed notice, the City Council opened, closed and continued the public hearing to February 5, 2020, due to a technical issue with the ballot; and WHEREAS, on February 5, 2020, the public hearing was opened and held as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and on which date the City Council conducted the public hearing at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities Ordinance No. MC-1528 District, authorized the levy of a special tax within the District, and called an election within the District on the proposition of levying a special tax, and establishing an appropriations limit within the District; and WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO, RESOLVES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof. Section 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2020-2021, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto, and in the amount set forth for each such parcel in said Exhibit "B." Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes. Section 3. Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. Section 4. Authorization to Publish Ordinance. The Mayor shall sign this ordinance and the City Clerk shall attest thereto and shall, within fifteen days of its adoption, cause it or a summary of it to be published in a newspaper circulated in the City of San Bernardino. Section 5. Effective Date. This ordinance shall become effective immediately upon its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of March, 2020. ____________________________________ John Valdivia, Mayor City of San Bernardino Ordinance No. MC-1528 Attest: __________________________________ Genoveva Rocha, CMC, Acting City Clerk Approved as to form: __________________________________ Sonia Carvalho, City Attorney Ordinance No. MC-1528 I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1528, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 5th day of February, 2020. Ordinance No. MC-1528 was approved, passed and adopted at a regular meeting held the 4th day of March, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk