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HomeMy WebLinkAbout14-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Subject: Authorization to proceed and Resolution of Intention--- formation of a Landscape Maintenance Assessment District in the Orange Show Road and Arrowhead Avenue area (Parcel map No. 16222). File No. 14.40-128 MCC Date: 12-20-2004 Dept: Development Services Date: December 6,2004 Synopsis of Previous Council Action: 11/01/2004 - Parcel Map No. 16222 was approved, with conditions. Recommended Motion: 1. 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 Orange Show Road and Arrowhead A venue (Parcel Map No. 16222), to be known as Assessment District No. 1038; AND 2. Adopt Resolution. ~J~ Contact person: LASZLO "Les" FOGASSY Phone: 5026 Supporting data attached: Staff Report, Maps, Ward::3 Engineers Report, Reso. FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees to be paid by applicant) Source: (Acct. No.) 254-000-2301-0000 (Accl. Description) Assessment District Deposits Finance: CfS;ncil Notes: M.~J.OOt{- 390 Agenda Item No. /1 1d.-/dO / otf 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 Orange Show Road and Arrowhead Avenue area (Parcel map No. 16222). BACKGROUND: On November I, 2004, Parcel Map No. 16222, located at the northeast corner of Orange Show Road and Arrowhead Avenue was approved by the Planning Commission. On April 13, 2004, the developer/owner of this property submitted a petition for the formation of a landscape maintenance assessment district, as one of the conditions of approval for the development of this site. 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 areas to be maintained by the district will be landscaping along portions of the north side of Orange Show Road, east of Arrowhead A venue, the east side of Arrowhead A venue, north of Orange Show Road, both sides of Orange Show Lane, east of Arrowhead Avenue and the west side of Sierra Way, all within the boundaries of the Parcel Map. The developer has paid the required $4,000 formation fee. Parcel Map No. 16222 consists of 14 commercial parcels of varying size. The annual cost of maintenance and incidentals will be spread across these 14 parcels. 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 total annual assessment, including all incidental expenses, is $20,093.11. Assessment units on commercial land are assigned to each parcel based on the number of 7,200 square foot single family lots that could be developed on the site if it were developed for residential use and gives a basis for calculating the assessment spread. In essence, each parcel is assessed in proportion of its size to the other parcels within the district. The per lot assessment will vary across each parcel but ranges from $694.42 to $2130.71 per parcel. The attached Resolution of Intention sets a public meeting for January 24, 2005, and a public hearing for February 7, 2005, 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. Ballots are weighted proportionally to the amount of proposed assessment for each parcel. The owners of record will be given mailed notice of the 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 property owners will purchase the parcels subject to the assessment district. FINANCIAL IMPACT: None. Applicant has paid the $4,000 processing fee and all subsequent work carried out in the district will be assessed back to property owners. RECOMMENDA nON: Staff recommends that authorization be given to proceed with the formation of a Landscape Maintenance Assessment District in the Orange Show Road and Arrowhead Avenue (Parcel Map No. 16222) and that the attached Resolution ofIntention be adopted. No Scale 5th St. Mill St. LOCATION OF PROPOSED ASSESSMENT DISTRICT NO. 1038 VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1038 - Orange Show Road and Arrowhead Avenue (Parcel Map No. 16222) Created by: L,{{J(/lJJ, Date: II. tJ ~ indicates un-incorporated areas ~ within City's Sphere of Influence 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 RESOLUTIONNO.l.bO>rPY 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 ORANGE SHOW ROAD AND ARROWHEAD AVENUE 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. 1038; 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. 1038, Orange Show Road and Arrowhead A venue area 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. 1038, the boundaries of which are generally as follows: The centerline of Orange Show Road to the south; the centerline of Arrowhead A venue to the west; and the north and east line of Parcel Map No. 16222 to the north and to the east respectively. 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 12/01/04 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 RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE ORANGE SHOW ROAD AND ARROWHEAD AVENUE AREA (AD 1038). cost 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 north side of Orange Show Road, east of Arrowhead Avenue, the east side of Arrowhead A venue, north of Orange Show Road, the north and south sides of Orange Show Lane, east of Arrowhead Avenue and the west side of Sierra Way, north of Orange Show Lane, all within Parcel Map No. 16222.. The estimated cost of said maintenance for the first year, including incidental costs is $20.093.11. 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 as otherwise may be set forth in said Engineer's Report. All public streets or alleys, or portions thereof, of said Parcel Map No. 16222, 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 by formula, within the district. Reference is hereby made to said Engineer's Report, on file in the 12/01/04 2 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 RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE ORANGE SHOW ROAD AND ARROWHEAD A VENUE AREA (AD 1038). 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 amounts 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 12/01/04 . 3 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 RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE ORANGE SHOW ROAD AND ARROWHEAD A VENUE AREA (AD 1038). Mayor and Common Council of the City of San Bernardino on Monday, January 24,2005, at the hour of 4:00 p.m., and that a public hearing will be held on Monday, February 7,2005, 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 1931 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 maintenance or the costs thereof. Any person owning property within the proposed district may protest against said district, the proposed maintenance or the costs thereof, by filing a written protest with the City Clerk, 300 N. "D" Street, San Bernardino, California, 92418, prior to 4:00 p.m., February 7, 2005. 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 fOnllation of the district until the conclusion of said public hearing on February 7, 2005. 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 February 7, 2005, protests have been filed 12/01/04 4 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 RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE ORANGE SHOW ROAD AND ARROWHEAD A VENUE AREA (AD 1038). and not withdrawn by property owners representing over 50% of the assessment units to be 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. "D" 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 12.90.040(C) of the San Bernardino Municipal Code. /1/ 1// /1/ 12/01/04 5 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 RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE ORANGE SHOW ROAD AND ARROWHEAD A VENUE AREA (AD 1038). 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 City Clerk The foregoing resolution is hereby approved this _ day of ,20_ JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: ~A?\'-" t, r~~ () 12/01/04 6 ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1038 (Orange Show Road and Arrowhead Avenue Landscape Maintenance Assessment District) CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA File No. 14.40-128 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION Prepared November 29, 2004 Engineer's Report - AD 1038 11/29/2004 ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1038 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. 1038, 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 I Engineer's Report - AD 1038 11/29/2004 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS /ENGINEERING DIVISION ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1038 (Orange Show Road and Arrowhead Avenue Landscape Maintenance Assessment District) PETITION -- On April 13, 2004, 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 Parcel Map No. 16222. 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 Parcel Map No. 16222 by the City to relieve the City from having to maintain the areas of landscaping. AUTHORIZATION -- On January 10, 2005, 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. (Orange Show Road and Arrowhead Avenue 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 ofthe City of San Bernardino on the day of ADVANCE OF ESTIMATED COSTS OF PROCEEDINGS -- On April 15, 2004, pursuant to Section 12.94.030 of the Municipal Code, the developer deposited $4,000 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. DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained include landscaping and all appurtenances along portions of the north side of Orange Show Road, east of Arrowhead Avenue, the east side of Arrowhead Avenue, north of Orange Show Road, the north and south sides of Orange Show Lane, east of Arrowhead Avenue and the west side of Sierra Way, north of Orange Show Lane, all within Parcel Map No. 16222. 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. 2 Engineer's Report - AD 1038 11/29/2004 DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the Assessment Boundary Map of Assessment District No.1 038 and are generally described as follows: The centerline of Orange Show Road to the south; the centerline of Arrowhead Avenue to the west; and the north and east line of Parcel Map No. 16222 to the north and to the east respectively. 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 area of each lot or parcel that utilizes the landscaped areas either as ingress and egress or by actual physical use of the land as in the cases of large 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. The benefit received by each lot or parcel is proportional to the area of each lot or parcel in relation to the total area within the District boundaries. Since the proposed development for this area is commercial use, assessment units are assigned to each lot or parcel based on the number of single family residential units that could be built if the area were developed for residential use, based on the minimum lot size of 7,200 square feet as set forth in the City's General Plan. Thus, each lot or parcel area (in square feet) is divided by 7,200 to determine its assigned assessment unit or portion thereof. The benefit received by the lots or parcels within the boundaries of the district is determined to be of more than ordinary public benefit, thus each lot or 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 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 special benefit to the district only and are 100% assessable to the parcels within the boundaries of the assessment district, except as follows: 3 Engineer's Report - AD 1038 11/29/2004 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 benefit and the proportional costs thereof are not assessable to the District. 4. Areas that front on local streets are determined to be 100% special benefit and are 100% assessable to the District. These percentages are based on the traffic circulation estimates for the various street classifications. These portions of Arrowhead A venue and Orange Show Road are currently classified as major arterial streets, and represents 48% of the total area to be maintained; thus 15% of 48% of the total cost of maintenance is deemed to be general benefit and will not be assessed to the District. These portions of Orange Show Lane and Sierra Way are currently classified as a local street and 100% of the maintenance along this street is assessable to the District. 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 lands 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. 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 I sets forth the estimated costs of the first year's maintenance. No Bonds will be sold relative to this Assessment District. 4 Engineer's Report - AD 1038 11/29/2004 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 14 commercial parcel within Parcel Map No. 16222, with each parcel being assigned the number of assessment units as described under Method of Assessment, and assessments are spread accordingly. An Assessment Roll representing the estimated first year's maintenance costs has been prepared for the 14 parcels within Parcel Map No. 16222 and is shown as Exhibit "5". FUTURE APPORTIONMENT -- 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 reapportionment does 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. 5 Engineer's Report - AD 1038 11/29/2004 TABLE 1 ESTIMATED FIRST YEAR'S COST SUMMARY Assessment District No. 1038 (Orange Show Road and Arrowhead Avenue Landscape Maintenance Assessment District) A B C D E F Main tenan ce of Turf Ilrril(a tion 45,22 5 So.Ft. 0.15 $ 6,783.75 Main tenan ce of G rou n dcover IS h ru bsllrriga tion 30,155 So.Ft. 0.15 $ 4,523.25 TOTAL' AREA OF MAINTENANCE (A+B) 75,380 So.Ft. - - Maintenance of Trees Ilrril!ation I L.S. 500.00 $ 500.00 Water and Enerl!v Costs 75,380 So.Ft. 0.08 $ 6,030.40 Weekly Inspection (Iabor,overhead) (Total Annual Hrs) 52 Hours 30.00 $ 1,560.00 Annual Assmt. Enl!ineering (Iabor+overhead) 5 Hours 40.00 $ 200.00 Contract Adminstration (Iabor+overhead) 15 Hours 22.00 $ 330.00 In ciden tals (m a terials, su n nlies, oth er costs) I L.S. 100.00 $ 100.00 Outside Department Services (Iabor+overhead) I L.S. 400.00 $ 400.00 Snbtotal (A+B+E+F+G+H+I+J) $ 20,427.40 General Benefit Calculations: General Benefit Area of Maintenance (Arrowhead Ave. & Orange Show Rd.) 36,400 So.Ft. Percent of Total Area (QI C) Rounded 48.00 % ProDortioned cost of Total Cost (K*R) $ 9,805.15 General Benefit Percental(e . 15.00 % General Benefit Amount Not Assessable (R*S) 1,470.77 $ (1,470.77) Subtotal $ 18,956.63 Estimated Interest for non-prefunded amounts* 6 Percent $ 1,137.40 Subtotal $ 20,094.02 Adjustment (Rounding for Assessment Roll) $ (0.91 ) TOTAL FIRST YEAR'S ESTIMATED COSTS $ 20,093.11 G H I J K Q R S T U 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 arnount per Assessment Unit: Total Costs 7- Total Assessment Units = Cost per Assessment Unit thus 20,093.117-80.44 = $249.79 per Assessment Unit per year 6 Engineer's Report-AD 1038 11/29/2004 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 XmD of the California Constitution for the establishment of Assessment District No. 1038 (Oranl!e Show Road and Arrowhead Avenue Landscape Maintenance Assessment District) /7--I-Ot' &14 I Mark Lancaster, P.E., City Engineer Date 7 Engineer's Report - AD 1038 11/29/2004 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 Roll (FY 2005/2006)...... Exhibit "5" 8 No Scale 5th St. Mill St. LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1038 VICINITY MAP EXHIBIT 1 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1038 - Orange Show Road and Arrowhead Avenue (Parcel Map No. 16222) Created by: j. f(;?A>J, Date: 4;;0/0,/ ~ indicates un-incorporated areas ~ within City's Sphere of Influence ASSESSMENT BOUNDARY ASSESSMENT DISTRICT NO. 1038 ORANGE SHOW ROAD AND ARROWHEAD A VENUE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO ~ ,"'... ...." ,.....' ~ <( 3: I <( a:: a:: w Vi ---t- ORANGE -SHOW -LANE ______--.-1 11 ,..- I 12 ."- ...... 13 ); 44t.... ~ ! ~ 14 ...- 10 ....- ~ ,1t.OO' ,"'... ,...... 4706.,. 11 ~ 7 ..,....... ) ..8_ ~ ~ 9 u._ 4n5__ ~ o <( W I 3: o ~ ~ <;( --~~ORANGE - SHOW-ROAD--- II I I ~uu, I U/<tl I ....... ,... ....... ....... -- [;l/il! @~[" [KIjJ/iI:P Iil!@ ~ @a:~2llPo[KIjJ" 'i2@@/~ 0 o~5il 1 fur__ l l l 4 u. .... 2 I.HI...... 3 u,...... ASSESSNENT DISTRICT BOUNDARY SHOYIN THUS: _ ... _ _ -- crn_ LOCATION OF ASSESSMENT DISTRICT ----- . CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION ORANGe snow ROAD AND ARROWHEAD AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT VICINITY MAP EXHIBIT 2 ~ i :::l' ~ ~ () in li! () <: ~ '- Filed In lheof'llce QlIhe City Cl,rk infleCMydS8n&.rerdnD 1NI_dayrJI .20_ RACHEL CLARK. CllyCI.nt,CIlyofs.n~ IherebyCfi1tfylhllllhewllhWlmapshowlng....~ boundariHoI......es......DilIlriclNo. ~oItheCjlyds.. BemlIrdlno. County of s.n e-dlno, S,* dCllfcmo._ approved by the CIty Council of !he City of s.n e.r.nIno" . ~..meetlng1lwrwol'.heldonltw_dayal . 20_. byR......... No ,8ndWBlliledinlheofllcedlheCounty IUeord... Ql' s.n Bernardino County. Slam of CaIromIoI. an.... _llIIyol ,20_inElodt __Pf9'(I) ofMllpl!ildAllessmenl andCammuritvFKIIlin.DisIrIetI c:i (j u.: RACHEL CLARK, CllyCllrk,CilyofSan&.manlina I San Bemardino County Recotde(s Certificate "- This map has been filed under Document Number this day of 2O-,at.m in Book of at page at the request of in the amountof$ DRAIIING Ill, 11327 larryWalker AudilOl'-ControllerlRecorder County of San Bernardino ....-1...... -L....s By: Deputy Recorder ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1038 ORANGE SHOW ROAD AND ARROWHEAD AVENUE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO Fled In the otIIot of the CIty Cleric In the City of San Bemanllno thla_dayol '" '....,3' 11101' iU RACHEL ClARK, City CIenl;, CIty 01 San Bernardlno 10 11 11 ~ 12 ,...... 14 <: I het'llby certify that the mep showing the PfOPOMd boIJndarieI Jar ,..- I.ar.-.. .,,- 13 ...- <: ........menI DIstrict No. .!!e! In the City 01 San B<<nardlno, Counly ~ ~ ...- II ~ of San 8emardiM. StlIle 01 ClIlIfomla, __ apPfO"'llld by the Mayor @ @ @) @ and Common Council of lhe City of San Bernardino al a IeglAar " !! (,) meeting tIllnof. held on the_liayd 20 ----I by Resolution No. m and lias been fled In the oIIIca 01 the County Recorder of San Bernardino County on thll_ day SHOW LANE LlJ of '" ".ook Q; pagels) of Mapa of A;;;;'ment and Community (,) FacilIiesOislrlcts. ,..... ,..... ,..... <: RACHEL CLARK, ~ ClIy CIllrll, ClIy 01 San BernardinO 9 I- J 4706.... ~ 7 ! 8 ! Ii '- ."'- ..- ....- c:i Recorded In the oIf"lCI!I of the City Engineer thie_day of . Ii ~ . . '" @ (1) @ @ (j -... CITY ENGINEER ,..... -.. ...... City of San Bernardino u.: iMI&Y' II!J@ An ....nment 'MiS levied by the Mayor and Common Council of the 11 (j City of San 8emartIino on \he 10_, pieces, lind pameb; of the land 1 11 4 a snown on this _.sesament diagram. Saki .seesament _slevled on 0.11 .... 2 3 the_dayot .20_:the '-'0... a 1.41__ ,.,,-- assessment diagram and the assessment rol ~ recorded in the a:i olfice of the City Englne.... or said City on the_ day of ,20 _ Ref_nee is made 10 the cri aase..rnen! raI recorded In the offlce of the City Enw- lor the e..ct amount of uch ....umenltevled a9lllnsl each pan:eI 01 land shown on !hie assesament diagr8m. RACHEL CLARK. City Cerk, City of San Bernardino (Jl.....:m ...../41) I LOCATION OF ASSESSMENT DISTRICT ASSES9IENT OfSTRlCT BOUNDARY SHOW\! THUS: _ _ _ _ San Bernardino County Rec01der's Certificate AREAS (IF WAlNTDlAHCE SH~ lHUS: ~ ASSESSOIENT Mlll8ERS SHOlIH TliU'" <D .......... This map has been filed under Document Number this day of 20-,81 ~ Book of at page althe request of 20- crrrDIIIGII In the amounl of S CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DMSION DRAIoIING NO. 11327A VICINITY MAP ORANGE SHOW ROAD AND ARROWHEAD AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMEJIIT DISTRICT .... ~.. -L..... LaI'T)'Walker Audilof..coolrollerJRecorder County of San Bemardino By: Deputy Recorder EXHIBIT 3 r " 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 ProjectTitle: ASSESSMENT DISTRICT NO. 1038 Project Location-Specific: Parcel Map No. 16222 - ORANGE SHOW ROAD AND ARROWHEAD AVENUE. 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 Person or Agency Carrying out Project: CITY OF SAN BERNARDINO CITY OF SAN BERNARDINO Name of Public Agency Approving Project: Exem...Et Status: (check one) o Ministerial (Sec. 21080(b)(1); 15268); o Declared Emergency (Sec. 21080(b)(3); 15269(a)); o Emergency Project (Sec.21 080(b)(4); 15269(b)(c)); ex Categorical Exemption. State type and section number: Class 1 15301(c) Res.90-217.Sec. B2c o Statutory Exemptions. State code number: Reason why project is exempt: ESTABLISHMENT PROCEEDINGS FOR ASSESSMENT DISTRICT TO PROVIDE FUNDING SOURCE FOR MAINTENANCE OF LANDSCAPING Lead Agency Contact Person: LASZLO FOGASSY Area CodelTelephone/Extension: (909) 384-5026 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? 0 Yes 0 No Signature: Date: Title: Real Property Supervisor UiI Signed by Lead Agency o Signed by Applicant Date received for filing at OPR: ... EXHIBIT "4" PLAN10.05 (5-90) Rev ENG (5-97) Page 1 of 1 CITY OF SAN BERNARDINO PROPOSED 2005 / 2006 ASSESSMENT ROLL - AD 1038 ORANGE SHOW ROAD AND ARROWHEAD A VENUE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Assessment No. Parcel No. or Lot No. Assessment Amt. I PM. 16222 Par. I $1,463.77 2 PM. 16222 Par. 2 $1,661.1 0 3 PM. 16222 Par. 3 $2,130.71 4 PM. 16222 Par. 4 $1,795.99 5 PM. 16222 Par. 5 $1,101.57 6 PM. 16222 Par. 6 $1,056.61 7 PM. 16222 Par. 7 $1,146.54 8 PM. 16222 Par. 8 $1,328.88 9 PM. 16222 Par. 9 $1,888.41 10 PM. 16222 Par.I 0 $2,095.74 II PM. 16222 Par. I I $1,541.20 12 PM. 16222 Par. 12 $1,161.52 13 PM. 16222 Par.13 $694.42 14 PM. 16222 Par. 14 $1,026.64 -~--- --- TOTALS: 14 Parcels $20,093.11 1038 / 2005 EXHIBIT "5" Page 1 ofI