RESOLUTION NO. 2022-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND FUTURE ANNEXATION AREA, AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES
CITY OF HESPERIA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(NON-RESIDENTIAL MAINTENANCE AND SERVICES)
WHEREAS, the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (“Act”) authorizes the City Council of the City of Hesperia (the “City”) to form community facilities districts (“CFDs”) and impose special taxes within those CFDs; and WHEREAS, the City Council has received a petition satisfying all of the requirements of Section 53319 of the Government Code submitted on behalf of the landowners, Main Hesperia LLC and Main 395 Industrial LLC, proposing to establish a CFD within the City under the terms of the Act, and the boundaries of the proposed CFD are shown on the boundary map, together with the boundaries of the territory proposed for annexation in the future (the “Boundary Map”) attached and incorporated hereto as Exhibit C; and WHEREAS, the Petition includes a waiver of analysis and arguments signed by all of the landowners in the CFD Area pursuant to Section 53327 of the Government Code as well as all notices of election and applicable waiting periods under the Act for the holding of any public hearing and for election; and Whereas, Section 53313 of the Act provides that a CFD may be established to finance certain types of services, including but not limited to police protection services, maintenance and lighting of parks, parkways, streets, roads, storm drains, and open space; and WHEREAS, pursuant to Section 53339.2 of the Government Code, the City Council further desires to undertake proceedings to provide for the future annexation of territory to the proposed CFD; and Whereas, under the Act, the City Council is the legislative body for the proposed CFD and is empowered with the authority to establish the CFD and levy special taxes within the CFD; and; WHEREAS, this City Council has previously adopted local goals and policies as required pursuant to the Act; and WHEREAS, this City Council now desires to proceed with the actions necessary to consider the establishment of the CFD.
Now, Therefore, Be It Resolved by the City Council of the City of Hesperia as follows:
The City Council hereby finds and determines that the CFD is in compliance with the City’s Goals and Policies.
The City Council proposes to conduct proceedings to establish a community facilities district pursuant to the Mello-Roos Act, and hereby determines that public convenience and necessity require the formation of the CFD and a future annexation area to fund public services.
The name of the proposed CFD is City of Hesperia Community Facilities District No. 2022-1 (Non-Residential Maintenance and Services) (“CFD 2022-1”). The name proposed for the territory proposed to be annexed into the CFD in the future is “City of Hesperia Community Facilities District No. 2022-1 (Non-Residential Maintenance and Services) (Future Annexation Area)” (the “Future Annexation Area”).
The City Council hereby approves the Boundary Map and thereby establishes the proposed boundaries of CFD 2022-1 and the Future Annexation Area. The City Clerk is hereby authorized and directed to cause the respective certificates on the Boundary Map to be completed and executed and to cause the recordation of the Boundary Map in the official records of the San Bernardino County Recorder within 15 days of the date of adoption of this Resolution.
The type of services proposed to be financed within CFD 2022-1 and the Future Annexation Area and pursuant to the Act shall consist of those services described in Exhibit A hereto, which Exhibit is by this reference incorporated herein (the “Services”). The City Council hereby determines that the Services are necessary to meet increased demands for such services placed upon local agencies as the result of development occurring within the area of CFD 2022-1 and the Future Annexation Area as shown on the Fiscal Impact Report, dated May 2021 and prepared by NBS, presented herewith and by this reference incorporated herein. The Services are in addition to those provided in the territory of CFD 2022-1 and the Future Annexation Area as of the date hereof and will not supplant services already available within the territory of CFD 2022-1 and the Future Annexation Area as of the date hereof.
There is no proposed adjustment in property taxation to pay prior indebtedness pursuant to Sections 53313.6 and 53313.7.
Except where funds are otherwise available, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the CFD, will be levied annually within the CFD and collected in the same manner as ordinary ad valorem property taxes or in such other manner as the City Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, is described in Exhibit B attached hereto, which Exhibit is by this reference incorporated herein.
The City Council hereby determines that the Special Tax proposed to pay for Services to be supplied within the Future Annexation Area shall be equal to any special tax levied to pay for the same Services in the existing CFD, except that a higher or lower tax may be levied within the Future Annexation Area to the extent that the actual cost of providing the Services in the Future Annexation Area is higher or lower than the cost of providing those Services in the existing CFD. In so finding, the Board of Directors does not intend to limit its ability to levy a special tax within the Future Annexation Area to provide new or additional services beyond those supplied within the existing CFD. The Special Taxes in the original CFD shall be designated as Tax Zone 1. Subsequent annexations may provide for different Zones or the same Zone as provided herein and therein.
It is the intention of the City Council that the electors will be the landowners within proposed CFD 2022-1 in accordance with Section 53326 of the Government Code. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in the proposed CFD, with each owner having one vote for each acre or portion of an acre such owner owns within the boundaries of CFD 2022-1.
A special tax shall be levied in the Future Annexation Area only with the Unanimous Approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.
Except as may otherwise be provided by law or the rate and method of apportionment of the special tax for the CFD, all lands owned by any public entity, including the United States, the State of California and/or the City of Hesperia, or any departments or political subdivisions of any thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Services and any expenses of the District.
The Director of Administrative Services is hereby directed to study the proposed Services and to make, or cause to be made, and file with the City Clerk a report in writing, presenting the following:
(a) A brief description of the Services.
(b) An estimate of the fair and reasonable initial annual cost of providing the Services, including the incidental expenses in connection therewith, any City of Hesperia administration costs and all other related costs.
Said report shall be made a part of the record of the public hearing provided for below.
Notice is hereby given that on Tuesday, May 17, 2022, at 6:30 p.m., or as soon thereafter as the matter may be heard, at the Council Chambers, located at 9700 Seventh Avenue, Hesperia, California, 92345, or virtually if an in-person meeting is not possible due to the COVID-19 pandemic, and the same are hereby appointed and fixed as the time and place when and where this City Council will conduct a joint public hearing on both the establishment of the CFD and the Future Annexation Area and consider and finally determine whether the public interest, convenience and necessity require the formation of the CFD and Future Annexation Area and the levy of said special tax to fund the Services.
The City Clerk is hereby directed to cause notice of the public hearing to be given by publication one time in a newspaper published in the area of CFD No. 2022-1 and the Future Annexation Area. The publication shall be completed at least seven days before the date of the joint public hearing specified above. The notice of the joint public hearing shall be substantially in the form specified in Sections 53322 and 53339.4 of the Government Code.
This Resolution shall take effect immediately upon its adoption.
The City Clerk shall certify to the adoption of this resolution and shall cause the same to be processed in the manner required by law.
Adopted AND APPROVED at a regular meeting of the City Council of the City of Hesperia held on the 5th day of April, 2022.
Ayes:
Noes:
Abstain:
Absent:
____________________________________
Brigit Bennington, Mayor
Attest:
Melinda Sayre, City Clerk
EXHIBIT A
CITY OF HESPERIA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(NON-RESIDENTIAL MAINTENANCE AND SERVICES)
AND FUTURE ANNEXATION AREA
PROPOSED BOUNDARIES OF THE DISTRICT
(See Attached)
EXHIBIT B
CITY OF HESPERIA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(NON-RESIDENTIAL MAINTENANCE AND SERVICES)
DESCRIPTION OF SERVICES TO BE FINANCED BY THE DISTRICT
Services:
The services to be funded, in whole or in part, by the community facilities district (the “District”) consist of all services authorized under Section 53313 of the Government Code, including, but not be limited to, police protection services, maintenance of streets, roads, storm drains and open space (the "Services"). The Services include all direct and incidental costs related to providing for the maintenance of public infrastructure within the area of the District and areas adjacent to or in the vicinity of such areas. The District may fund any of the following related to the Services: furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/ or equipment, apparatus, facilities or fixtures in areas to be maintained, paying the salaries and benefits of personnel necessary or convenient to provide the Services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of Services. It is expected that the Services will be provided by the City of Hesperia (the “City”), either with its own employees or by contract with third parties, or any combination thereof.
Administrative Expenses:
The administrative expenses to be funded by the District include the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (includlove3621 ing, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the County of San Bernardino related to the District or the collection of special taxes, an allocable share of the salaries of the City staff directly related thereto and a proportionate amount of the City’s general administrative overhead related thereto, any amounts paid by the City from its general fund with respect to the District or the services authorized to be funded by the District, and expenses incurred by the City in undertaking action related to properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the District.
Other:
The incidental expenses that may be funded by the District include, in addition to the administrative expenses identified above, the payment or reimbursement to the City of all costs associated with the establishment and administration of the District.
EXHIBIT C
CITY OF HESPERIA
COMMUNITY FACILITIES DISTRICT NO. CFD 2022-1
(NON-RESIDENTIAL MAINTENANCE AND SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Resolution No. 2022-22
Resolution No. SA 2021-__