REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
OF SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
AND RECORD OF ACTION
June 13, 2023
FROM
DAN MUNSEY, Fire Chief/Fire Warden, San Bernardino County Fire Protection District
SUBJECT
Title
Public Hearing to Consider Annexation No. 206 into Community Facilities District No. 94-01 (City of Hesperia) for Fire Suppression Services
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of the San Bernardino County Fire Protection District, conduct a public hearing and take the following actions regarding Annexation No. 206:
1. Consider testimony of all interested persons and taxpayers for or against the proposed annexation of Assessor Parcel Number 0405-062-51-0000 into Community Facilities District No. 94-01 (City of Hesperia), as well as any protests received from registered voters, if any, residing within Community Facilities District No. 94-01 or the territory proposed for annexation and persons owning real property within Community Facilities District No. 94-01 or the territory proposed for annexation.
2. Adopt Resolution calling for a special mailed ballot election of the property owner of Assessor Parcel Number 0405-062-51-0000, in accordance with Government Code section 53339.7, regarding the proposed annexation of this parcel into Community Facilities District No. 94-01.
3. Adopt Resolution that:
a. Declares the results of the special mailed ballot election and orders the annexation of Assessor Parcel Number 0405-062-51-0000 into Community Facilities District No. 94-01, making this parcel subject to the annual special tax for fire suppression services.
b. Directs the Secretary of the Board of Directors to cause the recordation of the Annexation No. 206 boundary map with the San Bernardino County Recorder.
c. Directs the Secretary of the Board of Directors to cause the preparation and recordation of the notice of special tax lien with the San Bernardino County Recorder within 15 days.
(Presenter: Dan Munsey, Fire Chief/Fire Warden, 387-5779)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of the recommended action will not result in the use of additional Discretionary General Funding (Net County Cost). 55555 Amargosa, LLC (Developer) is paying for all costs related to the annexation of Assessor Parcel Number (APN) 0405-062-51-0000.
The parcel annexed into Community Facilities District (CFD) No. 94-01 (City of Hesperia) through Annexation No. 206 is subject to a special tax in accordance with the rate and methods of apportionment of special tax previously approved for CFD No. 94-01. Upon annexation, and once the City of Hesperia has confirmed the issuance of building permits, the special tax will be assessed and collected through the property tax roll. The projected annual revenue from the special tax on the aforementioned parcel is $88,396 and will be used to help fund fire suppression services provided by the San Bernardino County Fire Protection District (SBCFPD).
BACKGROUND INFORMATION
CFD No. 94-01 was established by the Hesperia Fire Protection District in 1994 to fund expenses associated with providing fire suppression services for the City of Hesperia. An annual levy of special taxes assessed on parcels within CFD No. 94-01 is used to fund these expenses.
On August 21, 2018 (Item No. 66), the SBCFPD Board of Directors (Board) approved annexation of the Hesperia Fire Protection District into SBCFPD. As part of the recommendations in that item, the Board approved a contract between the City of Hesperia, the Hesperia Fire Protection District, and SBCFPD that directed the transfer of authority for CFD No. 94-01 to SBCFPD and the requirement for implementation of the terms of Hesperia Fire Protection District for future developments. Through this contract, the North Desert Service Zone of SBCFPD provides fire suppression services for CFD No. 94-01. Administration of CFD No. 94-01 transferred from the City of Hesperia to SBCFPD by the issuance of the Certificate of Completion for Local Agency Formation Commission for San Bernardino County (LAFCO) No. 3218, effective November 1, 2018.
As part of a development project, the City of Hesperia conditioned the Developer to annex APN 0405-062-51-0000 into CFD 94-01. Pursuant to Government Code section 53339.2, on May 9, 2023 (Item No. 61), the Board adopted a Resolution of Intention (Resolution No. 2023-57), that declared the Board’s intention to annex this parcel into CFD No. 94-01 for the purpose of subjecting this parcel to the special tax of CFD No. 94-01 for the costs of providing fire suppression services. The parcel contains 21.50 net acres and will be developed into a commercial property. The Resolution of Intention also set a public hearing date of June 13, 2023, on the Board’s Discussion Calendar, to consider the proposed annexation in accordance with Government Code section 53339.5 et seq.
The Developer is the sole owner of the parcel and has requested that the property be annexed into CFD No. 94-01. The Developer has executed a petition, as well as a waiver and consent form, that requests annexation and waives various time periods and mailed ballot voting/election related requirements in order to expedite approval of this annexation.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by Auditor-Controller/Treasurer/Tax Collector (Franciliza Zyss, Chief
Deputy, 382-3189) on May 25, 2023; County Counsel (Scott Runyan, Principal Assistant County Counsel, 387-5455) on May 24, 2023; Finance (Tom Forster, Administrative Analyst, 387-4635) on May 25, 2023; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on May 25, 2023.