Legislation Details

File #: 12026   
Type: Discussion Status: Agenda Ready
File created: 4/21/2025 Department: Public Works-Special Districts
On agenda: 4/29/2025 Final action:
Subject: Public Hearing for the Formation of Community Facilities District No. 2025-1 (Commerce Center II). Introduction of Ordinance Levying Special Tax, Waiver of Certain Landowner Election Procedures, and Election Results
Attachments: 1. ATT-PW-SD 042925 CSA 70 CFD 2025-1 (Commerce Center II) Landowner Waiver (California Speedway - Allen), 2. ATT-PW-SD 042925 CSA 70 CFD 2025-1 (Commerce Center II) Landowner Waiver (NASCAR - Geye), 3. ATT-PW-SD 042925 CSA 70 CFD 2025-1 (Commerce Center II) Landowner Waiver (SSBC Development Morse), 4. ATT-PW-SD 042925 CSA 70 CFD 2025-1 Commerce Center II CFD Report, 5. RES-PW-SD 042925 CSA 70 CFD 2025-1 (Commerce Center II) Resolution Certifying Election Results, 6. RES-PW-SD 042925 CSA 70 CFD 2025-1 (Commerce Center II) Resolution of Formation, 7. R1-ATT-PW-SD 042925 CSA 70 CFD 2025-1 (Commerce Center II) Notice of Special Tax Lien, 8. ORD-SDD-042925-CFD Special Tax Ordinance, 9. ATT-PW-SD 042925 CSA 70 CFD 2025-1 (Commerce Center II), 10. Item #89 Executed BAI, 11. 2025-75 Executed Resolution, 12. 2025-76 Executed Resolution, 13. Executed Notice of Special Tax Lien

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

                                          April 29, 2025

 

FROM

NOEL CASTILLO. Director, Department of Public Works - Special Districts 

         

SUBJECT                      

Title                     

Public Hearing for the Formation of Community Facilities District No. 2025-1 (Commerce Center II). Introduction of Ordinance Levying Special Tax, Waiver of Certain Landowner Election Procedures, and Election Results

End

 

RECOMMENDATION(S)

Recommendation

1.                     Conduct a public hearing to consider the formation of Community Facilities District 2025-1 (Commerce Center II) and to consider the proposed ordinance authorizing the levy of special taxes within the district pursuant to the Mello-Roos Community Facilities Act of 1982.

2.                     Make alterations, if necessary, to proposed ordinance to levy of a special tax within the district.

3.                     Approve introduction of proposed ordinance.

•                     An ordinance of San Bernardino County, State of California, acting in its capacity as the legislative body of the San Bernardino County Community Facilities District No. 2025-1 (Commerce Center II), authorizing the levy of special taxes.

4.                     SCHEDULE ORDINANCE FOR FINAL ADOPTION ON TUESDAY, MAY 6, 2025, on the Consent Calendar.

5.                     Adopt Resolution establishing San Bernardino County Community Facilities District No. 2025-1 (Commerce Center II) and future annexation area therein, authorizing the levy of a special tax thereof, calling an election, and approving and authorizing certain action related thereto.

6.                     Accept property owners’ Waiver of Certain Election Procedures with Respect to Landowner Election for San Bernardino County Community Facilities District No. 2025-1 (Commerce Center II) and acknowledge that all qualified electors have each executed a waiver allowing the Board of Supervisors to proceed with the formation of the district and an expedited mailed ballot election immediately following adoption of the resolution described in Recommendation No. 5.

7.                     Adopt Resolution certifying election results for Community Facilities District No. 2025-1 (Commerce Center II).

8.                     Direct the Clerk of the Board of Supervisors to Record a Notice of Special Tax Lien against all taxable properties within the Community Facilities District as required by the Act.

(Presenter: Noel Castillo, Director, 387-7906)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

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 this item will not result in the use of Discretionary General Funding (Net County Cost). The formation of Community Facilities District 2025-1 (Commerce Center II) will be funded by the first-year special tax.  The proposed ordinance levying a special tax will fund essential services, infrastructure maintenance, and operational costs for the development within the district.

 

BACKGROUND INFORMATION

Speedway Commerce Center II is a commercial and industrial development project approved by the Board of Supervisors (Board) on October 25, 2022 (Item No. 102). The developer, Speedway SBC Development, LLC, petitioned to establish CFD No. 2025-1 to ensure ongoing funding for essential services.  On March 25, 2025 (Item No. 45) the Board adopted Resolution No. 2025-163 declaring the Board’s intent to establish Community Facilities District 2025-1 (Commerce Center II) pursuant to the Mello Roos Community Facilities Act of 1982 (the “Act”) (California Government Code Section 53311 et seq.) and to levy a special tax within the district to fund, among other things, maintenance of public infrastructure, landscaping, flood protection, drainage, sewer systems, graffiti and debris removal, and maintenance and operational needs associated with the development.

 

The public hearing, along with actions previously approved by the Board on March 25, 2025 (Item No. 45), are required, pursuant to the Act, in connection with forming a Community Facilities District (CFD) and the levy of a special tax to fund the desired services for the CFD.  The proposed CFD and ordinance would provide funds for specific services as identified in Exhibit “B” of the Resolution of Intention (Resolution No. 2025-163) as required for the development of the project.

 

The proposed ordinance will levy a special tax on properties within the CFD’s boundaries to provide the necessary funding for a variety of services under Section 53313 of the Act. These services include maintaining streets, roadways, traffic and railroad signals, streetlights, signage, medians, sidewalks, driveways, open spaces, trails, trees, art displays, and other hardscapes. They also cover park and parkway maintenance, lighting, public landscaping, easements, and open spaces. Additionally, the funding supports the operation and upkeep of flood protection facilities, storm drainage systems, and sewer collection systems. Graffiti and debris removal from public improvements and maintenance of County-owned properties with a useful life of five or more years within the CFD are also included.

 

Approval of Recommendation No. 1 will conduct the required public hearing on the formation and levying of the special tax to within the CFD.

 

Approval of Recommendation Nos. 2 and 3 will introduce the proposed ordinance to levy the special tax within the district to finance the aforementioned services and make any amendments or alterations to the ordinance, if necessary.

 

Approval of Recommendation No. 4 will schedule the ordinance for final adoption on the May 6, 2025, Consent Calendar.

 

Approval of Recommendation No. 5 will form the CFD, authorize the levy of the special tax, call a landowner election within the boundaries of the CFD, and approve related actions.

 

Approval of Recommendation No. 6 will accept the property owners' waivers of election procedures, pursuant to Government Code section 5332, for the CFD and confirms all qualified electors' consent, allowing the Board to waive the timing and procedures to form the district and call a mailed ballot landowner election immediately following adoption of the resolution described in Recommendation No. 5.

 

Approval of Recommendation No. 7 will declare the results of the election as favorable and authorize the recording of the Notice of Special Tax Lien.

 

Approval of Recommendation No. 8 will direct the Clerk of the Board to record the Notice of Special Tax Lien against properties within CFD 2025-1 (Commerce Center II) as required by the Act.

 

PROCUREMENT

Not applicable.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Aaron Gest, Deputy County Counsel, 387-5455) on April 17, 2025; Finance (Amanda Trussell, Principal Administrative Analyst, 387-4773) on April 12, 2025; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5423) on April 14, 2025.