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HomeMy WebLinkAbout14-Development Services . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Subject: Authorization to proceed and Resolution of lntention--- formation of a Dept: Development Services Landscape Maintenance Assessment District OR t SINAL in the Palm Avenue and Meyers Road area Date: August 30, 2004. (Tract Nos. 13572 and 15538). File No. 14.40-125 Synopsis of Previous Council Action: MCC Date: 09-20-2004 010/20/2003 - Tract Nos. 13572 and 15538 were approved, with conditions. Recommended Motion: I. That the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment District in the Palm Avenue and Meyers Road area (Tract Nos. 13572 and 15538), to be known as Assessment District No. 1035 Zone1 and Zone 2; AND 2. Adopt Resolution. ~~ James Funk Contact person: LASZLO "Les" FOGASSY Phone: 5026 Supporting data attached: Staff Report, Maps, Ward: 5 Engineers Report, Reso. FUNDING REQUIREMENTS: Amount: $8,000 (Processing fees to be paid by applicant) Source: (Acct. No.) 254-000-2301-0000 (Acct. Description) Assessment District Deposits Finance: Council Notes: ~"""Y\ ~4- ~q1 Agenda Item No. 1'-' qlU)(o~ , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Authorization to proceed and Resolution of Intention--- formation of a Landscape Maintenance Assessment District in the Palm Avenue and Meyers Road area (Tract Nos. 13572 and 15538). BACKGROUND: On October 20, 2003, Tract No. 13572, located on the east side ofPaIm Avenue, south of Ohio Avenue, and Tract No. 15538, located on the west side of Palm Avenue, south of Meyers Road was approved. Pacific Crest Communities, the developer of the tract, submitted a petition on behalf of the owner for the formation of Ii landscape maintenance assessment district, 'as one of the conditions of approval for both tracts. The formation of the district will assign the costs of maintaining the landscaping to the owners of the properties most benefiting from the landscape area. The district will contain two zones to accommodate the two disjointed tracts. The areas to be maintained by the district will be landscaping along portions of the Ohio A venue, Palm Avenue, Meyers Road and the slope along the south line of Tract No. 13572. The developer has paid the required $8,000 formation fee ($4,000 per Tract). Tract No. 13572 (Zone I) consists of 30 single family lots. The annual cost of maintenance and incidentals will be spread across these 30 lots. Part of the formation proceedings includes the preparation of an Engineer's Report, which details the costs necessary to carry out the ongoing maintenance of landscaping and is attached for your review. As set forth in the Engineer's Report, the estimated annual assessment for Zone I is $404 per single family lot. Tract No. 15538 (Zone 2) consists of 13 single family lots. The estimated annual assessment per single family lot for this zone is $118. Zone 2 has relatively less landscaping and thus a lower proposed assessment. The attached Resolution of Intention sets a public meeting for November I, 2004, a public hearing for November 15,2004, and preliminarily approves the Engineer's Report. Approval of this district will be subject to an assessment ballot process, which requires a majority approval by the property owners within the proposed district boundary. The owners of record will be given mailed notice ofthe public meeting and hearing, along with an Assessment Ballot form. Since all of the properties are currently under one ownership, no protests are anticipated. Future homeowners will purchase the homes subject to the assessment district. All potential home buyers will be given a disclosure notice by the developer, advising them of the existence of an assessment district and the proposed annual cost. FINANCIAL IMPACT: None. Applicant has paid the $8,000 processing fee ($4,000 per tract) and all subsequent work carried out in the district will be assessed back to property owners. , ~ RECOMMENDATION: Staff recommends that authorization be given to proceed with the formation of a Landscape Maintenance Assessment District in the Palm Avenue and Meyers Road area (Tract Nos. 13572 and 15538) and that the attached Resolution ofIntention be adopted. , ~ LOCA TlON OF PROPOSED ASSESSMENT DISTRICT NO. 1035 No Scale 5th 51. Mill 51. u o c o u u Orange Show Rd. ~ j:: ., . o VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1035 - Palm Avenue and Meyers Road (Zone 1- Tr. No. 13572; Zone 2 - Tr. No. 15538) ~ indicates un-incorporated areas ~ within City's Sphere af Influence Created by: 1-. H frj".J Date: t/Z{/P<I . ~I a , 6 I , S. j 6' i!1 d it ~l 1"11'., 6,6ul. Ji I Ill' ! li.h~tf I li1n lhi! iJhJ ! 111 ~ H.,II I "I'luril II t Ilfi'li _ 1~1 ,h. I I' II dlH J SIP f! J ! I ~l'l. !IJ ~ i I i I Ih ! ! J ~d l:l ~ i !:l! ;: i 1 . ~i ~1J i I Illln I; ~ ~ * ~ I ~u ~i~ ~ ~r' ~:l Ufh ~ c j a ~& "~ ~6 I -l .~ I --1 ~ r,,----~~~~""l.lI~- ~ ~ I ' "- ~ r - -l33I11S-77/lm/n/KJ- "'C~ I ~/, ~ _ }It__;;_n l\:: _ . I I=:!:;:) . .. I . - . I - . } . ~ . I!.. _ a f: I - - - - ~-~-~--:- . __-1.. 3nNr v--; IIN" C). II') -a..... ~_ ~ f'f') Q Lu ;~ Ilea ...... = ~ ~ o~ ~:I Q: ~.... ., lS 1110 g~ ~o ~~ I ~~ ~g <z [az ~.!!~ :5... ~E-<~~:i ~a: .!!~ Zu :ilSJ~ ;1::. em: ~ ~~i= Q:: e..- 'Et:. (I') oQ2~~~ i :~ ;N ~I' =E-<~~8 :2:!lj \u E-4 ~ !i!j 0 ~ oil; :0 :::E Z,..., <Zi!; "NdJ .... "' i1 iil <( ~ ~ ~ ~ ~ 3nN3t1 r- 3NI7390/N ~.~~~; ~III ~oo o.~~ , 0000 z~ " < roil :iu . 00 "' 00 /: < " ~ 1Q ~ . . ~ . . . I .) - - I - } " I - I " I . ~ ~ ~ 4) ;; I - I - l _ . mVd- - - , . .1. . E . , . . . · t-- . . . , 1-- tn:nL - , . L "~ . ..... ~ ~ 0:; -- j "-. __:_n__ . . I + !!;J ~ "'" , ~ ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1035 (Palm Avenue and Meyers Road - Zone 1 and Zone 2) CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA File No. 14.40-125 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION Prepared August 26, 2004 .. Engineer's Report-AD 1035 ENGINEER'S REPORT for ASSESSMENT DlSlRICT NO. 1035 FILED in the office of the City Clerk of the City of San Bernardino on the_day of CITY CLERK City of San Bernardino PRELIMINARY approval by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino, State of California on the_day of CITY CLERK City of San Bernardino FINAL approval by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino, State of California on the day of CITY CLERK City of San Bernardino I HEREBY CERTIFY that the foregoing assessments, together with the Diagram of Assessment District No. 1035 were approved and confirmed by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino, State of California on the _ day of CITY CLERK City of San Bernardino CITY OF SAN BERNARDINO . Engineer's Report-AD 1035 DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS /ENGINEERING DIVISION ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1035 (Palm Avenue and Meyers Road Landscape Maintenance Assessment District) PETITION - On September II, 2003, a petition was received from the owner or the developer representing the owner of property within the proposed assessment district for the establishment of an assessment district for the maintenance oflandscaping within portions of Tract No. 13572 and Tract No. 15538. The signatures on the petition represent 100% of the property owners of the parcels within the proposed boundaries of the district. This petition was the result of a requirement placed upon the developer of Tract Nos. 13572 and 15538 by the City to relieve the City from having to maintain the areas oflandscaping. AUTHORIZATION -- On September 20, 2004, by action of the Mayor and Common Council of the City of San Bernardino, the Director of Development Services and City Clerk were authorized to initiate proceedings for the formation of Assessment District No. 1035 (Palm Avenue and Meyers Road Landscape Maintenance Assessment District) pursuant to the provisions of San Bernardino City Municipal Code Chapter 12.90 and this Report has been prepared and is hereby submitted pursuant to said provisions and in accordance with Resolution of Intention No. adopted by the Mayor and Common Council of the City of San Bernardino on the day of ADVANCE OF ESTIMATED COSTS OF PROCEEDINGS -- On September II, 2003, pursuant to Section 12.94.030 of the Municipal Code, the developer deposited $4,000 for each tract ($8,000 total) with the City to cover the estimated cost of proceedings. At the conclusion of the proceedings and after confirmation of all costs, any amounts remaining will be returned to the developer. If actual costs are more than the deposit, then the remainder can either be paid in a lump sum by the developer or assessed against the properties involved. EASEMENTS - All landscaping to be maintained will be within the dedicated right of way and/or within landscape maintenance easements and no maintenance will be carried out on private property. ESTABLISHMENT OF ZONES - The formation of the Assessment District will include the establishment of Zone I and Zone 2 within the District. The Zones are in close proximity to each other but are non-contiguous. Zones are sometimes established based on the need to separate the areas due unequal special benefit received by each area. Zone I consists of Tract No. 13572 and Zone 2 consists of Tract No. 15538. DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained include landscaping and all appurtenances along portions of the east side of Palm A venue, the south side of Ohio, the north side of Meyers Road and the slope along the southerly boundary of Tract No. 13572, all within Tract No. 13572 for Zone 1: and Engineer's Report - AD 1035 the west side of Palm Avenue at Akron Street within Tract No. 15538 for Zone 2;. PLANS AND SPECIFICATIONS --Plans and Specifications for the landscaping have been prepared by the developer according to the standards of the City and is subject to final approval by the City prior to the installation of any landscaping. DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the Assessment Boundary Map of Assessment District No. 1035 and are generally described as follows: Zone 1: The centerlines of Ohio Avenue to the north and Palm Avenue to the west, both within the boundaries of Tract No. 13572; and the southerly and easterly lines of Tract No. 13572. Zone 2 :The centerlines of Palm Avenue to the east and Belmont Avenue to the south, both within the boundaries of Tract No. 15538; and the northerly, southerly and westerly lines of Tract No. 15538. VICINITY MAP -- A vicinity map showing the general location of the proposed Assessment District is attached as Exhibit "1". DISTRICT BOUNDARY MAP -- A proposed District Boundary Map has been prepared and is on file in the office of the City Clerk. A reduced copy of the District Boundary Map is attached as Exhibit "2". DISTRICT DIAGRAM -- A proposed Diagram of the Assessment District has been prepared and will be filed with the City Clerk after preliminary approval of this Report and will be filed with the County Recorder and recorded in the office of the City Engineer after final approval of this Report, confirmation of the Assessment Roll and Resolution Ordering Work. A reduced copy of the Assessment District Diagram is attached as Exhibit "3". NOTICE OF EXEMPTION -- a "Notice of Exemption" declaring a Categorical Exemption was prepared and will be filed with the Clerk of the Board of Supervisors of San Bernardino County upon formation of the District. No further environmental proceedings will be necessary. A copy of the Notice of Exemption is attached as Exhibit "4". METHOD OF ASSESSMENT AND DETERMINATION OF BENEFIT - Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties in the area is determined to be equal to the number of residential units that utilize the landscaped areas either as ingress and egress or by actual physical use of the land as in the cases oflarge open areas. The boundaries of the proposed district are drawn with this in mind and the Resolution of Intention delineates the specific areas of maintenance which will benefit all of the properties within the boundaries. Thus, each residential lot or unit, be it a single family lot, a condominium or an apartment will be assessed an equal share in the cost of maintenance (I residential lot or unit = I Assessment Unit). The benefit received by the parcels within the boundaries of the district is determined to be of more than ordinary public benefit, thus each parcel within the district being assessed receives a special benefit from the improvements. If property not within the boundaries of a district also receives some benefit from the improvements, consideration must then be given to a general benefit given by the improvements, which may not be assessed to the . Engineer's Report-AD 1035 parcels within the district. Since the installation and maintenance of the landscaping and establishment of an assessment district for the maintenance of the landscaping is specific and incidental to this development, it is further determined that the improvements to be maintained by the assessment district are of spec",l benefit to the district only and are 100% assessable to the parcels within the boundaries of the assessment district, except as follows: I. Areas of maintenance that front on maior arterial streets, as determined by the Circulation Plan of the City's General Plan, are determined to be 15% general benefit and the proportional costs thereof are not assessable to the District. 2. Areas of maintenance that front on secondary arterial streets, as determined by the Circulation Plan of the City's General Plan, are determined to be 10% general benefit and the proportional costs thereof are not assessable to the District. 3. Areas of maintenance that front on collector streets. as determined by the Circulation Plan of the City's General Plan, are determined to be 5% general benefll and the proportional costs thereof are not assessable to the District. 4. Areas that front on local streets are determined to be 100% special benefll and are 100% assessable to the District. These percentages are based on the traffic circulation for the various street classifications. Zone 1: These portions of Palm Avenue and Ohio Avenue are classified as a collector streets, and represent 24.81% of the total area to be maintained; thus 5% of24.81% of the total cost of maintenance is deemed to be general benefit and will not be assessed to the District. Meyers Road is classified as a local street and the maintenance along portions of Meyers Road and the slope along the southerly line of Tract No. 13572 are deemed to be special benefit; thus 100% of the costs of maintenance for those areas will be assessed to the District. Zone 2: This portion of Palm Avenue is classified as a collector street, and represents 100% of the total area to be maintained; thus 5% of 100% of the total cost of maintenance is deemed to be general benefit and will not be assessed to the District. The areas of general benefit will be paid from the City's General Fund or other non-Assessment District source of funding. Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception of public right of way, which is not subject to assessments. There are no publicly owned parcels within the boundaries of the District. METHOD OF FINANCING -- The estimated cost of the first year's maintenance shall be assessed against the properties involved within the current fiscal year or the fiscal year following the establishment of the district. . Engineer's Report - AD 1035 Depending upon when the costs are assessed and when the actual maintenance is assumed by the City, this assessed amount can be used as a source of pre-funding the first year's maintenance contract and incidental costs. Once the City has assumed the responsibility for the maintenance, the properties may be assessed in advance each year thereafter to establish a source of pre-funding each year's costs, or may be assessed for the actual contract and incidental costs plus interest. Interest will be included in the assessment costs for any amounts or portions not pre- funded through previous assessments. If there is a surplus from the estimated assessment in the event costs are pre- funded through previous assessments, any such surplus shall be applied as a credit to the following year's assessment or placed in a reserve fund to cover future increases or maintenance until such reserves are depleted. The assessment, whether pre-funded or not, shall be levied, collected and enforced in the same manner, at the same time, and with the same penalties and interest as in the case of taxes levied for property taxes. Table 1 sets forth the estimated costs of the first year's maintenance forZone I and Table 2 sets forth the estimated costs of the first year's maintenance for Zone 2. No Bonds will be sold relative to this Assessment District. ASSESSMENT SPREAD -- The amount of each Assessment Unit is determined by dividing the total maintenance costs, including all incidentals, by the total number of assessment units, as determined by the above Method of Assessment. Each parcel in the district is then assessed based upon the total number of Assessment Units calculated for that parcel. ASSESSMENT ROLL -- Presently there are 30 single family parcels within Tract No. 13572 (Zone 1), and 13 single family parcels within Tract No. 15538 (Zone 2) with each parcel representing 1 assessment unit as described under Method of Assessment, and assessments are spread accordingly. No further subdivision of the parcels is anticipated. An Assessment Roll representing the estimated first year's maintenance costs has been prepared for the 30 parcels within Tract No. 13572 (Zone 1) and the 13 parcels within Tract NO.1 5538 (Zone 2) is shown as Exhibits "5" and "SA" . (FUTURE APPORTIONMENTS -- In the event that the assessment units, as determined under Method of Assessment, change for any parcel(s) during the term of the Assessment District, the assessment amount for that parcel(s) will change accordingly. Any increases based solely on change in parcel size, land use or density, which would result in an increase of assessment units, will not be subject to a public hearing as long as the formula for determining the assessments as described is applied. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, such reapportionments do not require the recording of an amended Diagram Map. FUTURE INCREASES -- Due to the nature of landscape maintenance, it is anticipated that there will be future increases in assessments as contract, labor, water and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Orange County-Inland Empire area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed, exceed 5% without a majority approval of property owners in the district. . Engineer's Report - AD 1035 TABLE 1 ESTIMATED FIRST YEAR'S COST SUMMARY Assessment District No. 1035 Zone 1 (Tract No. 13572) ( Palm A venue and Meyers Road Landscape Maintenance Assessment District) G Ann..IA.....E.-.-I..nl. '...r..y.rlteeell H C..lnet AII_I...,ali.. lalt,r+averlt.ad I hchll...... ..tub" s. II.. ,Uu, co.t. J O.uide D. ar....t Senle.. ....'.....rll..d If S....... A+I+E+F+G+R+l+J G ...nl ....fit C ,le.I,t1...: Q It.,.. .t M .I......c. R rerun.afTo.aIAr.. lelR...d,1I S Pn .rUe..d cutoITa.aICu' K"R T C ...rall...flt r,rcanU . u Ganeral Be.,flt A.oun' Na. Au..ubl,'R.ST- 5........ [.U. a.ed laterut for lIOn- rehad,d a. ....u. S. biotal Oltllt,lI., (1.1' Cul/U"it . S .Ft. 0.10 31 24. S ,Ft. 0.20 31,24' S .FI. . I L.S. 500.00 ]2 2.1 S .Ft. 0.10 2. H OIUS 30.00 > Hours 33.00 . HOlln 22.00 I L.S. 100.00 1 L.5. 200.00 ',000 S .Ft. 24.1' ... S 2 '76.56 5.00 ... 143.1] . Pe,ceRt A It It ,,,,, Co... S . S 6449.60 Deu:riD,hu, nrcosu A M .I.te...ee .fT.,r/lrrl a.". 8 M.I.t....c..rC'...du".rIS..r..../lrrl.U... e TOTAL AREA or MAINTENANCE A+a o M .i.te....c..r T,ee./Jrrl .ti.. E W.t.r..dEner C..t. F W.elll In. eetle. I...'.o".,....d Tat.1 Annual H r. S 500.00 S 3 224.10 S 710.00 S 16S,OO S 176.00 S 100.00 S 200.00 S 11 S95.40 Ad"..t..ent(Rollndlnl. (or Alleumenl Roll S 143.1] S 11,45 l.57 S 617.09 S 12 13. .67 S (0.07) S 12,1]' .60 TOTAL FIRST YEAR'S ESTIMATED COSTS NOTE: The Unit Costs in the above table are based on an accumulated average of actual costs from prior years. . Estimate based on full year's interest. Interest charged only on portions that are not pre-funded by the prior years assessments as stated above. Rate varies based on City's average earnings as stated above. ASSESSMENT CALCULATION - Applying the Method of Assessment and Assessment Spread described above, the following formula is used to determine the assessment amount per Assessment Unit: Total Costs + Total Assessment Units = Cost per Assessment Unit thus $12,138.60 + 30 = $404.62 per Assessment Unit per year . Engineer's Report - AD 1035 TABLE 2 ESTIMATED FIRST YEAR'S COST SUMMARY Assessment District No. 1035 Zone 2 (Tract No. 15538) . . . c . . F De:u:riDllulI ufCosu M .I......c..f Ta.rf Ilrrl 1,1.. M . i. ,.... u ,f Gr.... c..., IS It t.1t ./lrrl atl,. TOTAL AalA or MAINTENANCE A+Il fit .i......u ,f Tnu flrrl aUo. Water..dEa.r Ca.h W ukl IA. ectio. I...r....d"..} fT,.al "....1 H,. o "alf,I'tI (Palm Avenue and Meyers Road Landscape Maintenance Assessment District)) A "'''"11 Cus/ I 6S0 1,650 1 1,650 20 G "....IA...t.I.I...rlo 1"'1'+'.'1'11... H Contraet Ad_ io.tratl.. 1..ur+....'....4 I Incld'.'all ...erla"" II.. a.lI., co'11 J O.,lId,D, ......ntSe,.,'te.. 1.It.r+....rll..d~ K S.It.a.al A+I+E+'+G+B+I+J G ...,d ....fll C Ilc.latl...: Q Ana.rM,tnunaace R Puce_l,fT...IA,.. Ie ......d S Pr. .rtio.e' c..tafT,.aIC... K.. T Glnaral ....nt '.rceat. e U G.n.r.l.e.efltA....tH.tA......bl. a.s S.btot.1 EIU..ted Inler.lt far no.. r.hnded .....11. S. bt.tal I 650 100.00 S 1526.00 5.00 76.30 Ad"u.t.enl a.undi.. for Aue..menl Roll) TOTAL FlaST YEAR'S ESTIMATED COSTS UttJJ S .Ft. S..FI- S .FI. L.S. S .FI. HOlln Cu"IU"JJ 0.20 0.20 50.00 0.10 30.00 s s 330.00 ] . I 1 Houn Houn L.S. L.S. H.OO S 12 .00 S 50.00 S 100.00 S S s s S 50.00 165.00 600.00 S .FI. .. .. . Percenl 99.00 132.00 50.00 100.00 1 526.00 s s s s 76.30 1449.70 16.91 1.536.61 s s (0.01) 1,536.60 NOTE: The Unit Costs in the above table are based on an accumulated average of actual costs from prior years. * Estimate based on full year's interest. Interest charged only on portions that are not pre-funded by the prior years assessments as stated above. Rate varies based on City's average earnings as stated above. ASSESSMENT CALCULA TION -- Applying the Method of Assessment and Assessment Spread described above, the following formula is used to determine the assessment amount per Assessment Unit: Total Costs + Total Assessment Units = Cost per Assessment Unit thus $1,536.60 + 13 = $118.20 per Assessment Unit per year . Engineer's Report-AD 1035 ENGINEER'S STATEMENT This Report, together with the Assessment District Boundary Map, Assessment Diagram and Proposed Assessment Roll has been prepared and is being filed pursuant to and in compliance with Chapter 12.90 of the San Bernardino Municipal Code and also in compliance with the requirements set forth in Article XIIID of the California Constitution for the establishment of Assessment District No. 1035 (Palm Avenue and Mevers Road Landscaue Maintenance Assessment District)) tJ-~.-~~ Date u~ Mark Lancaster, R.C.E. City Engineer ", J'~ CIVI\. ~ !f OF CA\.\f\)~~ Engineer's Report-AD 1035 List of Exhibits 1. Vicinity Map..................................................... Exhibit "I" 2. Reduced copy of Boundary Map....................... Exhibit "2" 3. Reduced copy of Assessment District Diagram Exhibit "3" 4. Copy of "Notice of Exemption"......................... Exhibit "4" 5. Proposed Assessment Rolls (FY 2005/2006)...... Exhibit "5" & "SA" Engineer's Report-AD 1035 List of Exhibits 1. Vicinity Map..................................................... Exhibit "1" 2. Reduced copy of Boundary Map....................... Exhibit "2" 3. Reduced copy of Assessment District Diagram Exhibit "3" 4. Copy of "Notice of Exemption"......................... Exhibit "4" 5. Proposed Assessment Rolls (FY 2005/2006)...... Exhibit "5" & "SA" . LOCATION OF PROPOSED ASSESSMENT DISTRICT NO. 1035 ;;777?/::;~~; V;:/':~</:,;';1 /' ;;;:;<:;</,-.7;/;:;::://///; c 'c c'. 0/" c/ "/'/' /~;/%</ ///j,/'/////" 1'/ //'// /'_f', /.,// /// ,',/;:;:-//'/1 ///0'/' /. 'c/ c'//// / ~ "$ '<'..~_j"L'. ;,..'...f._, ';//. / /~ ;/: No Scale 5th St Mill St G o c o U G Orange Show Rd. R: 1= ., . o VICINITY MAP EXHIBIT '1' CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No, 1035 - Palm Avenue and Meyers Road (Zone 1- Tr, No, 13572; Zone 2 - Tr, No, 15538) ~ indicates un-incorporated areas ~ within City's Sphere of Influence Created by: j, H - J:I Date: .l/z(.k</ "" ."- !~ If"ff~f. "JI 6 ,,,,"tHl.' J , f~I]J II ~ i" I II if 1 ijl Ii I! !Iii!. iJli ~II rf JJ"fJ'I'lliIJI~" : u _!! "Hi l r"------;t!lfeW"lll~- ~ ~ I ,"- ~ r~ -l13JIJ.S-77/H:JHnKJ- II /, ~ t- ~-:.:--- - - I ;t = . ) I . I ! !i "& h i I' II I )1 'Ii J I l' I ~ I ! rl"j; ! L. I Iii!! I J ~d!:i ~ I iZ :: i 1 , II Iii Iii -~ ~l~ ~IQ ~~I ~~! ~~I LL!E !:' ~ III Ow!!l ~;< ~r' 3:l u :: I -l .- --1 I -1 - . -lHn(KJ-NNl.7 .1 - a f I - - - - - ~~:--~ i~ ~ i ~ ~~ ii ~~ ~ ~.g~ !i:g ~ g U I i~ ;g ~~~~~ ~ ~~ ~~ U ~:l!~ ~ E ~ ~ t::. ~ ffi~ ~.w CD (,r) OIZi>-ljl ~..z EN \lj~ =E-~~8 12:~ ~ ~ ~ ~ ~ ci Jl <( :: 0 ::l!" 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"'z" ~E-<z~~~ CIl <<'" CIl ~ p~ riIil ~ "'" ~1'Il rI'1 r:LJ. ~ ~ CIl CIl " ,. -( ,_, ~ t: ;} ~~ CIl " -( ~ ~- Ii o- lD' t;~ ;::1- 100 is ill! ~I- .- ~ ~: ~J~" ..z ~ .0 ~ ~N I 3NI13f)a/~ ~ Ii FXHTHTT "i" 111~ · I ,II 1 f I ! lltd i J ~i ~ ~ i i :: H ~i!~lt ;il~ S ~ ffi i is iJ i!1 151~ ~ ~~ ~ .. ~ 3 13 ~ .. ~Ie ! I I i ! II I III1 Iii I ~ ~ z o . :> I ! W7Vd I~ ""' I , "~ "I" @. E kl I : ~ "~ , @. t- - ~ "@ I_/-_ ~ @- ~ ~@ f.....----L - .... I "', ~ ..~ L '~ g ~.. "":"@U "I . - @ I t I . . CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT NOTICE OF EXEMPTION FROM: CITY OF SAN BERNARDINO, PLANNING AND BUILDING SERVICES DEPARTMENT 300 N. "0" STREET SAN BERNARDINO, CA 92418 TO: OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET. ROOM 121 SACRAMENTO, CA 95814 X COUNTY CLERK COUNTY OF SAN BERNARDINO 385 NORTH ARROWHEAD AVENUE SAN BERNARDINO, CA 92415 Project Title: ASSESSMENT DISTRICT NO. 1035 Project Locatlon-Specific: TRACT NOs. 13572 & 15538 - PALM AVENUE AND MEYERS ROAD. Project Location-City: SAN BERNARDINO Project Location - County: SAN BERNARDINO Description of project: SBMC 12.90 PROCEEDINGS FOR THE ESTABLISHMENT OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Name of Public Agency Approving Project: CITY OF SAN BERNARDINO CITY OF SAN BERNARDINO Name of Person or Agency Carrying out Project: Exem-'!t Slatus: (check one) o Ministerial (Sec. 21080(b)(1); 15268); o Declared Emergency (Sec. 21080(b)(3); 15269(a)); o Emergency Project (Sec.21080(b)(4); 15289(b)(c)); EX Categorical Exemption. Slate type and section number: Class 1 15301(c) Res.90-217.Sec. B2c o Slatutory Exemptions. Slate code number: Reason why project is exempt: ESTABLISHMENT PROCEEDINGS FOR ASSESSMENT DISTRICT TO PROVIDE FUNDING SOURCE FOR MAINTENANCE OF LANDSCAPING Lead Agency Conlact Person. LASZLO FOGASSY Area CodelTelephone/Extenslon: (909) 384-5026 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of ex,tlon been filed by the public agency approving the project? 0 Ves 0 No . //. -"/l..M ~ I Signature: " ''3' , /?' ~ Date: Title: Real Prooertv Suoervisor UiI Signed by Lead Agency 0 Signed by Applicant Date received for filing at OPR. ~ EXHIBIT "4" PLAN10.05 (5-90) Rev ENG (5-97) Page 1 of 1 . I . CITY OF SAN BERNARDINO PROPOSED 2005 I 2006 ASSESSMENT ROLL -AD 1035 ZONE 1 PALM A VENUE AND MEYERS ROAD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT ZONE 1 Assessment No. Parcel No. or Lot No. Assessment Amt. 1 0261-641-01 $404.62 2 0261-641-02 $404.62 3 0261-641-03 $404.62 4 0261-641-04 $404.62 5 0261-641-05 $404.62 6 0261-641-06 $404.62 7 0261-641.07 $404.62 8 0261-641-08 $404.62 9 0261-641-09 $404.62 10 0261-641-10 $404.62 11 0261-641-11 $404.62 12 0261-641-12 $404.62 13 0261.641-13 $404.62 14 0261-641-14 $404.62 15 0261-641.15 $404.62 16 0261-641-16 $404.62 17 0261-641-17 $404.62 18 0261-641-18 $404.62 19 0261-641-19 $404.62 20 0261-641-20 $404.62 21 0261-641-21 $404.62 22 0261-641-22 $404.62 23 0261-641-23 $404.62 24 0261-641-24 $404.62 25 0261-641-25 $404.62 26 0261-641-26 $404.62 27 0261-641-27 $404.62 28 0261-641-28 $404.62 29 0261-641-29 $404.62 30 0261-641-30 $404.62 -~._._-~------ ------ -..--.-...,----- TOTALS: 30 Parcels $12,\38.60 fOJ5Zf / 2005 EXHIBIT "5" Page loft ., . CITY OF SAN BERNARDINO PROPOSED 2005 I 2006 ASSESSMENT ROLL - AD 1035 ZONE 2 PALM A VENUE AND MEYERS ROAD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT ZONE 1 Assessment No. Parcel No. or Lot No. Assessment Amt. 1 0261-541-17 $118.20 2 0261-541-18 $118.20 3 0261-541-19 $118.20 4 0261-541-20 $118.20 5 0261-541-21 $118.20 6 0261-541-22 $118.20 7 0261-541-23 $118.20 8 0261-541-24 $118.20 9 0261-541-25 $118.20 10 0261-541-26 $118.20 11 0261-541-27 $118.20 12 0261-541-28 $118.20 13 0261-541-29 $118.20 TOTALS: 13 Parcels $1,536.60 1035Z2 I 2005 EXHIBIT "SA" Page I ofl .) . c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o to)1Plf RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PALM AVENUE AND MEYERS ROAD AREA WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1035, ZONE 1 AND ZONE 2; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC HEARING. WHEREAS, the City of San Bernardino (hereinafter called "City") as an exercise of its municipal affairs powers has enacted an Assessment District Ordinance (Municipal Code Chapter 12.90) to provide for the procedure for the formation of assessment districts within the City; and WHEREAS, it has now become necessary to consider the formation of a landscape maintenance assessment district within the City, to be known as Assessment District No. 1035, Zone 1 and Zone 2, Palm A venue and Meyers Road Landscape Maintenance Assessment District. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, the Mayor and Common Council of said City hereby preliminarily find and determine that the public convenience and necessity require, and it is the intention of the Mayor and Common Council to form Assessment District No. 1035, the boundaries of which are generally as follows: Zone 1: The centerlines of Ohio A venue to the north and Palm A venue to the west, both within the boundaries of Tract No. 13572; and the southerly and easterly lines of Tract No. 13572. Zone 2 :The centerlines of Palm A venue to the east and Belmont A venue to the south, both within the boundaries of Tract No. 15538; and the northerly, southerly and westerly lines of Tract No. 15538. Reference is hereby made to the Engineer's Report on file in the office of the City Clerk of said City for a map of the boundaries of said district, a description of the maintenance, an estimated cost No.1Y 09/14/04 . I q I ill / fll./ ,) . o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE PALM A VENUE AND MEYERS ROAD AREA (AD 1035, ZONE 1 AND ZONE 2) of the maintenance, and a proposed assessment roll which Report and Assessment District Map are hereby preliminarily approved. SECTION 2. It is the intention of said Mayor and Common Council to order improvements within the district, which improvement shall consist of, but are not limited to the maintenance of landscaping and all appurtenances along portions of the east side of Palm Avenue, the south side of Ohio, the north side of Meyers Road and the slope along the southerly boundary of Tract No. 13572, all within Tract No. 13572 for Zone 1; and along portions of the west side of Palm Avenue at Akron Street within Tract No. 15538 for Zone 2. The estimated cost of said maintenance for the first year, including incidental costs are as follows: $12,138.60 for Zone 1; and $1.536.60 for Zone 2. SECTION 3. Said contemplated work and improvements is of more than local or ordinary public benefit, and that said Mayor and Common Council do hereby make the expense of such work and improvement chargeable upon the district, which district is hereby declared to be the district benefited by said proposed work and improvement, and to be assessed to pay the cost and expense thereof, except those portions and related costs determined to be of general benefit as stated in said Engineer's Report. All public streets or alleys, or portions thereof within said Assessment District boundaries are hereby excepted from said assessment, as set forth in said Engineer's Report. SECTION 4. The assessment benefit procedure to be followed and the amount to be assessed against each particular parcel will be based upon the basis of a single residential unit being one assessment unit and the percentage of costs will be assessed proportional to the percentage of the total assessment units on each parcel as it relates to the total number of assessments, actual or 09/14/04 2 . I . c o 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o 1 RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE PALM A VENUE AND MEYERS ROAD AREA (AD 1035, ZONE 1 2 AND ZONE 2) by formula, within the district. Reference is hereby made to said Engineer's Report, on file in the office of the City Clerk of said City, for full particulars and proposed assessment amount against each parcel. SECTION 5. The assessment financing alternative to be followed shall be as follows, to-wit: The estimated cost of the first year's maintenance, as set forth in said Engineer's report, shall be assessed against the properties involved within the current fiscal year or the fiscal year following the establishment of the district. Depending on when the costs are assessed relative to when the maintenance is assumed by the City, this assessed amount can be used as a source of pre-funding the first year's maintenance contract and incidental costs. Once the district has assumed the responsibility for the maintenance, the properties shall be assessed each year thereafter to establish a source of pre-funding each year's costs, or for the actual contract and incidental costs. If there are surplus ainounts in the event of pre-funding of costs, then such surplus may be applied as a credit to the following year's assessment or retained in a reserve to offset future increases. Interest will be charged on any portion of the assessments which are not pre-funded through previous assessments. The interest rate shall be based upon the average rate of the City's current earnings on invested funds during the period of expenditure. The assessment shall be levied, collected and enforced in the same manner, at the same time, and with the same penalties and interest as in the case of taxes levied for property taxes. Said assessments will be collected in perpetuity, or until terminated by the Mayor and Common Council. Reference is made to said Engineer's Report for full particulars. SECTION 6. NOTICE IS HEREBY GIVEN that a public meeting will be held before the 09/14/04 3 ',\ . c 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE PALM A VENUE AND MEYERS ROAD AREA (AD 1035, ZONE I AND ZONE 2) Mayor and Common Council of the City of San Bernardino on November 1,2004, at the hour of 4:00 p.m., and that a public hearing will be held on November IS, 2004, at the hour of 4:00 p.m., both in the Council Chambers of City Hall, 300 N. "D" Street, San Bernardino, California for the purpose of determining whether the public convenience and necessity require the formation of the proposed maintenance district without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of I 93 I and whether the Mayor and Common Council should proceed with ordering the above described improvements. At said public meeting and public hearing, any person may appear and file objections relative to the proposed district, the proposed 13 maintenance or the costs thereof. Any person owning property within the proposed district may o 14 protest against said district, the proposed maintenance or the costs thereof, by filing a written o 15 16 17 18 19 20 21 22 23 24 25 26 27 28 protest with the City Clerk, 300 N. "D" Street, San Bernardino, California, 924 I 8, prior to 4:00 p.m., November IS, 2004. Each protest must be signed by the owners thereof and must contain sufficient information to properly identify said property. No action will be taken to approve the formation of the district until the conclusion of said public hearing on November IS, 2004. All property owners within the proposed district will also be mailed ballots which may be used to indicate support of or opposition to the proposed assessment. A majority protest shall exist if the total amount of assessments shown on the ballots returned in opposition to the assessment is greater than the total assessment amount of ballots returned in support of the assessment. All ballots must be received in the Office of the City Clerk by no later than the time and date of the public hearing as stated herein. If by the conclusion of said public hearing on November 15,2004, protests have been filed and not withdrawn by property owners representing over 50% of the assessment units to be 09/1 4/04 4 'I' .. c o 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o 1 RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE PALM AVENUE AND MEYERS ROAD AREA (AD 1035, ZONE 1 2 AND ZONE 2) assessed, or ballots returned representing over 50% of the assessment amount of the returned ballots, these proceedings shall be abandoned and no assessments shall be imposed. Additional information may be obtained by contacting the Department of Development Services, Real Property Section, at (909) 384-5026 or by writing to same at 300 N. "0" Street, San Bernardino, California, 92418. SECTION 7. A copy of this resolution and a map showing the exterior boundaries of the proposed improvement district with relation to the territory immediately contiguous thereto and to the proposed improvement will be on file with the City Clerk and will be available for inspection by any person or persons interested. This map shall govern for all details as to the extent of the proposed improvement district. SECTION 8. The City Clerk is hereby authorized and directed to publish a copy of this Resolution in the San Bernardino County Sun, a newspaper of general circulation published in the City, and shall cause Notice to be mailed as required by Section l2.90.040(C) of the San Bernardino Municipal Code. 11/ 11/ 11/ 09/14/04 5 # . . o o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 City Clerk 20 The foregoing resolution is hereby approved this _ day of 21 22 23 24 25 26 27 28 RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE PALM A VENUE AND MEYERS ROAD AREA (AD 1035, ZONE I AND ZONE 2) I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on the day of ,20_, by the following vote, to-wit: Council Members: A YES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK ,20 . JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney 6