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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 19, 2025
To: Honorable Mayor and City Council Members
From: Tanya Romo, Acting City Manager;
Kenneth Chapa, Director of Economic Development
Department: Economic Development
Subject: Adoption of Ordinance No. MC-1646 (Annexation No. 47 - Dutch Bros) (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1646 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2024-2025 to pay the annual costs of the maintenance and servicing of landscaping, lighting, streets, and a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).
Executive Summary
The recommended action is the final step of the annexation process for the proposed development into Community Facilities District (CFD) No. 2019-1 (Maintenance Services). The property owner has petitioned the City to annex into the City’s CFD to mitigate its impact for maintenance service of public facilities as a result of the new development. The Public Hearing was to be held on December 18, 2024, and continued to January 15, 2025, approving the annexation and conducted the first reading of the Ordinance. The special taxes will be levied annually to offset general fund expenditures related to maintenance of public improvements within and for the benefit of the development.
Background
On November 6, 2024, the Mayor and City Council adopted Resolution No. 2024-216, a Resolution of Intention to annex territory into 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”.
On December 18, 2024 the Public Hearing was to be held and was continued to 2 5
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January 15, 2025. The Mayor and City Council adopted Resolution No. 2025-003 calling an election to submit to be annexed to Community Facilities District No. 2019- 1 (Annexation No. 47) and adopted Resolution No. 2025-004 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 47).
Discussion
On January 15, 2025, Ordinance No. MC-1646 was introduced for first reading to the Mayor and City Council. The Ordinance is now being returned to the Mayor and City Council to be adopted. The Ordinance will become effective 30 days from the date of adoption.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.
Fiscal Impact
There is no fiscal impact to the City. All costs associated with annexation into the CFD have been borne by the Developer.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1646 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2024-2025 to pay the annual costs of the maintenance and servicing of landscaping, lighting, streets, street sweeping, 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-1646 (Ordinance Levying Special Taxes)
Attachment 2 – Exhibit A – Description of Services
Attachment 3 – Exhibit B – Description of Territory
Attachment 4 – Project Location Map
Ward:
Third Ward
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.” 2 5
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July 17, 2019 Mayor and City Council adopted Resolution No. 2019- 178 establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 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 respect to Community Facilities District No. 2019-1.
November 6, 2024 Mayor and City Council adopted Resolution No. 2024- 216, a Resolution of Intention to annex territory into 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.”
December 18, 2024 Mayor and City Council continued the Public Hearing regarding CFD 2019-1 Annexation No. 47 to January 15, 2025.
January 15, 2025 Mayor and City Council adopted Resolution No. 2025- 003 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No. 47) and adopted Resolution No. 2025-004 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 47); and introduced Ordinance No. MC-1646 amending Ordinance No. MC-1522.