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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Development Services
Subject: Authorization to proceed and
Resolution ofIntention--- formation of a
Landscape Maintenance Assessment District
in the Acacia A venue and Hill Drive Area
(Tract No. 10260).
From: James Funk, Director
Date: October 17,2005
File No. 14.40-130
Synopsis of Previous Council Action:
10/21/1985 - Tract Map No. 10260 was approved, with conditions.
MCC Date: 11-07-2005
09/19/2005 - Resolution No. 2005-323 was adopted approving the standard form of agreement
for Tract No. 10260 with Gardner Construction and Development, Inc.
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 Acacia Avenue and Hill Drive area (Tract No. 10260), to be known as
Assessment District No. 1040; AND
2. Adopt Resolution.
~~k
Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Maps,
Engineers Report, Reso.
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees to be paid by applicant)
Ward:
4
Source: (Acct. No.) 254-000-2301-6027
(Acct. Description) Assessment District Deposits
Finance:
Council Notes:
~Y'7. ~()05 ~37,+-
Agenda Item No.
;to
11/1/05"
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 Acacia A venue and Hill Drive Area (Tract No. 10260).
BACKGROUND:
On October 21,1985, Tract Map No. 10260, located at the north of Hill Drive, and east and west
of Acacia Avenue was approved with conditions. At that time, the development was owned by
John C. Heers, Inc., but was never developed. Subsequently, the development was acquired by
Gardner Construction and Development, Inc. and a new standard form of agreement with
Gardner was approved on September 19,2005.
A petition for the formation of a Landscape Maintenance Assessment District was submitted to
the City on November 1, 2004 by Gardner Construction and Development, Inc., and the
formation fee of $4,000 was paid on June 10, 2004. The petition represents 100% of the property
owned and proposed to be assessed within the Assessment District. Part of the conditions, as
approved and amended, includes the installation of landscaping along the southerly and westerly
sides of the Tract and the maintenance of a fuel modification area along the northerly portion of
the Tract, within San Bernardino County Flood Control property. The developer, on behalf of the
City of San Bernardino, has acquired a permitJrom the San Bernardino County Flood Control
District to enter into the Flood Control property for the purpose of maintaining the fuel
modification area.
Initially, Tract No. 10260 consisted of 47 single family lots. One of the Lots (Lot 2) was deemed
to be non-buildable due to its size and terrain and a portion was subsequently combined with Lot
1 and a portion with Lot 3, reducing the total lots to 46. The annual cost of maintenance and
incidentals will be spread across these 46 lots. Part of the formation proceedings includes the
preparation of an Engineer's R~port, which details the costs necessary to carry out the ongoing
maintenance of landscaping and is attached for your review. As required by law, only a special
benefit may be assessed to propertie.s within an assessment district. Any benefit found to be a
general benefit may not be assessed to the District. As set forth in the Engineer's Report, all of
the proposed maintenance has been determined to be 100% special benefit to the lots within the
district and all of the costs will be assessed accordingly. The estimated first year's cost of
maintenance is $35,667 and will be spread across the 46 lots within the District. The estimated
annual maintenance cost per lot will be $775. The Engineer's Report allows for annual increases
of CPI (Consumer Price Index), or 5%, whichever is less, to cover increases in maintenance
costs. Increases over this amount will either need to be approved by the property owners within
the District, or be paid for by the City.
,
The attached Resolution of Intention sets a public meeting for December 5, 2005, and a public
hearing for December 19, 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 the 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. Presently, 12 lots have been sold and no more than 22 lots will be released for sale prior to
the public hearing. Thus, a majority protest is not anticipated. Future property owners will
purchase the lots subject to the Assessment District and will be given disclosure of the District
and assessments by the developer or subsequent property owners, as required by law.
FINANCIAL IMP ACT:
Applicant has paid the $4,000 processing fee. Estimated costs of annual maintenance in the
amount of $35,667, will be assessed back to property owners within the Assessment District.
RECOMMENDATION:
Staff recommends that authorization be given to proceed with the formation of a Landscape
Maintenance Assessment District in the Acacia Avenue and Hill Drive area to be known as
Assessment District No. 1040 (Tract No. 10260), and that the attached Resolution ofIntention
be adopted.
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1040
(Acacia Avenue and Hill Drive Area Landscape Maintenance Assessment District)
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
File No. 14.40-130
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
Prepared October 3, 2005
Engineer's Report - AD 1040
TABLE 1
ESTIMATED FIRST YEAR'S COST SUMMARY
Assessment District No. 1040
(Acacia Avenue and Hill Drive Area Landscape Maintenance Assessment District)
Description of Costs
Quantity
Unit
CostlUnit Annual Cost
Q
R
S
T
U
Maintenance of Groundcover /Shrubs/Irril!ation 72,665 Sq.Ft. 0.20 $ 14,533.00
Maintenance of SBFCD Fuel-Mod thinning area 97,480 Sq.Ft. 0.10 $ 9,748.00
TOTAL AREA OF MAINTENANCE (A+B) 170,145 Sq.Ft. - -
Maintenance of Trees / Irril!ation 1 L.S. 1,000.00 $ 1,000.00
Water and Enerl!v Costs 72,665 Sq.Ft. 0.08 $ 5,813.20
Weekly Inspection (Iabor,overhead) (Total Annual Hrs) 52 Hours 30.00 $ 1,560.00
Annual Assmt. Engineering (Iabor+overhead) 5 Hours 33.00 $ 165.00
Contract Adminstration (Iabor+overhead) 15 Hours 22.00 $ 330.00
Incidentals (materials, supplies, other costs) 1 L.S. 100.00 $ 100.00
Outside Denartment Services (Iabor+overhead) 1 L.S. 400.00 $ 400.00
Subtotal (A+B+E+F+G+H+I+J) $ 33,649.20
General Benefit Calculations:
Area of Maintenance - Sq.Ft.
Percent of Total Area (Q/ C) Rounded - %
Proportioned cost of Total Cost (K*R) $ -
General Benefit Percental!e - %
General Benefit Amount Not Assessable (R*S) - $ - $ -
Subtotal $ 33,649.20
Estimated Interest for non-prefunded amounts* 6 Percent $ 2,018.95
Subtotal $ 35,668.15
Adjustment (Rounding for Assessment Roll) $ (0.21)
TOTAL FIRST YEAR'S ESTIMATED COSTS $ 35,667.94
A
B
C
D
E
F
G
H
t
J
K
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
$35,667,94 +46 = $775.39 per Assessment Unit per year
Engineer's Report-AD 1040
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. 1040 (Acacia Avenue and Hill Drive Area
Landscave Maintenance Assessment District)
iO/; 7/0"-
,
;%J
Date
Mark Lancaster, R.C.E.,
City Engineer
Engineer's Report - AD 1040
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1040
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. 1040,
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
Engineer's Report ~ AD 1040
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS /ENGINEERlNG DIVISION
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1040
(Acacia Avenue and Hill Drive Area Landscape Maintenance Assessment District)
PETITION -- On November I, 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 along portions of the southerly and westerly sides of Tract No. 10260 and the fuel-
modification area located in San Bernardino County Flood Control property along the northerly side of said Tract
No. 10260. 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 No.
10260 by the City to relieve the City from having to maintain the areas of landscaping and assess the costs of said
landscaping to those properties receiving the benefit of said maintenance.
AUTHORIZATION -- On November 7, 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. 1040 (Acacia Avenue and Hill Drive Area 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 June 10,2004, 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/or permit areas and no maintenance will be carried out on private property.
DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained include landscaping within
slopes along the southerly sides of Lots 23 through 29, the westerly side of Lots 20 through 23, the easterly and
westerly sides of Acacia A venue, all within Tract No. 10260; and the fuel modification area within San Bernardino
County Flood Control Property located adjacent to and northerly of Lots 10 through 19 of said Tract No. 10260.
Engineer's Report - AD 1040
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. 1040 and are generally described as follows: The southerly,
easterly and westerly lines of Tract No. 10260, and along the northerly line of the fuel modification area lying
within San Bernardino County Flood Control District property on the north, as described in San Bernardino County
Permit No. P-22005070 to the City of San Bernardino, dated September 2, 2005, and future extension of said permit,
as may be granted by the County of San Bernardino.
VICINITY MAP -- A vicinity map showing the general location of the proposed Assessment District is
attached as Exhibit "1".
DISTRICT BOUNDARY MAP -- A proposed Boundary Map has been prepared and is on file in the office
ofthe 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 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. 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 (1 residential lot or
unit = 1 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 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
Engineer's Report-AD 1040
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:
1. 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.
Based on the City of San Bernardino's current circulation element of its General Plan, this portion of Acacia
A venue is designated as a local street. All other landscaping is within easements or permit areas not located along
any public street, thus 100% of the cost of landscaping maintenance and appurtenances, is deemed to be of special
benefit and assessable to the lots within the Assessment 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. It has been determined that
the San Bernardino County Flood Control property will not receive any benefit from the maintenance under the
Assessment District and will not be assessed.
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 1 sets forth the
estimated costs of the first year's maintenance. No Bonds will be sold relative to this Assessment District.
Engineer's Report - AD 1040
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 46 single family parcels within Tract No. 10260, 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 46 parcels within Tract No.1 0260 and is shown as Exhibit
"5".
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 1040
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 2006/2007)...... Exhibit "5"
LOCA TION OF
PROPOSED ASSESSMENT
DISTRICT NO. 1040
No Scale
5th St.
Mill St.
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1040 -
Acacia Avenue and Hill Drive Area
(Tr. 10260)
Created by: ~ - Date:
~ indicates un-incorporated areas
~ within City's Sphere of Influence
EXHIBIT "1"
ASSESSMENT BOUNDARY
ASSESSMENT DISTRICT NO. 1040
ACACIA A VENUE AND HILL DRIVE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
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Filed in lhe office otthe Cily Clerk inlheCityofSanBemanflno
this_dayo! 20_
RACHEL CLARK
City Cieri<, Cily of San Bernardino
~
20_
Iherebycllrtlfylhallhewllhinmapshowinglheproposed
boundarills 01 Assessmll!ll D;slricl No. 10<40oflheCilyolSan
Bernardino, County of San Bertlardino;"Sia\e ofCalIlomia, was
approved by lho! City Council 01 lhe Cilyof San 6emardino al II
regular meeling thereof. held onlhe_dayof
20 .byResoMon
No and wasflled in tr.e offJCe of Ihe County
RecorderorSanBerNlrdlnoCounly, SlalllofCallfomle, onlhe
~dayof 20_inBook
_,pag.e(s) of Maps of Assessmenl and
Community Facilities Oislricts
San Bernardino County Recorders Certificate
.
VICINITY MAP
APPROVED
ThiS map has been filed ullder Document
Number this
day of 20-,at_min
Book of
atpag;-- ,attherequestof
em"","""
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
DRAWING
NO,
11321
RACHEL CLARK,
Cily CI"rk, City of San Bemardioo
in the amountof$
ACACIA A VENUE AND HILL DRIVE AREA
LANDSCAPING MAINTENANCE
ASSESSMENT D1STRICf
SHEET ....L IF
.....L.$lUT$
LEGEND
ASSESSMENT DISTRICT
BOUNOA.RY SHO'w'N THUSl -----------
Larry Walker
Auditor-ControllerlRecorder
County of San Bernardino
By:
Deputy Recorder
EXHIBIT "2"
ASSESSMENT DIAGRAM
ASSESSMENT DISTRlCT NO. 1040
ACACIA A VENUE AND HILL DRlVE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRlCT
IN THE
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
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. VICINITY M~P
LEGEND:
ASSESSMENT DISTRICT
BOUNDARY SHO~ THUS:
AREA OF MAINTENANCE SHO~ THUS: EZ22'22l
FUEL-MOO THINNING AREA SHO~ THUS: ~
APPROVED 20_
em DGKEll
DRAI/ING
NO.
11321A
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
ACACIA AVENUE AND HILL DRIVE AREA
LANDSCAPING MAINTENANCE
ASSESSMENT DISTRICT
$HEEl....LCF
.....l..-StaTS
Filed in the office afthe City Clerll in the Cily of San Bemardinothis_
dayar 20_
RACHEL CLARK
CityClerl<,CilyofSanBeIT'olW'Olno
I hereby cert~y that the mar> showinlllhe proposed tloundar\es for Assessment
District No. lliQ,in the City of SIlO Bernardino. Counlyof San~no, SIBI.,
of California, was approved by the Mayor and Common CounclI of1he City of
SanBemardinoalllregulllrmeeliroglherO/Qf,heldon1he_dayof
20_ by Rnolu1ioo No
IIndhasbee'lf'lediJltheolflceol1heCounly
RecorderofSanBerr\llrdjnoCOl.lnlyonlhe~dayof
2<l in Book
pagels) of Maps o;:;;:;sessment and Communly Facilities
Oislricts-
RACHEL ClARK.
CilyClark,CityofSanBemard'no
RecordO!<l in the office of the Clly Englneerlhjs day of
20 ~
San Bernardino County Recorders Certificate
CITY ENGINEER
Cilyof SlIn Bemil/'llillll
This map has been filed under Document
Number this
day of 20-,at.m in
Book of
at page-- at the request of
An assessm..nt was I..vi..d by!twl Mayor and ConvnOll Ca.Jrd1 of Ihe City at
SlIn B..mardillll on lh.. lots, pi..ces, IInd Plll'c..ls oflheland shov<<! OIl lhis
IIss11ssmllntdiagram SlIidass..ssm..nl.....as levledgnlhll_llayof
,2(l~!twl8Ss11ssmllnldiagramaoc:lltw
assessmenlrollwllrere<:ordlldinlhlloffic..oftheCityEngineerofsaidCityOll
lhe day or , 20 Referenc.. is made to
lhe~trollre<:ordedinth..officeofIheC~net!fforlhe..xllCt
IImountofeBChassessmllntlevilldllgainstellch~oflandshownOllthis
IIssessmentdiag'am
intheamounlof$
Larry Walker
Auditor -ControllerlRecorder
Counly of San Bernardino
RACHEL ClARK
CityClerl<,CilyofSanBemardillll
By
Deputy Recorder
EXHIBIT "3"
r
"
CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT
NOTICE OF EXEMPTION
'\.
~
r
"
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.1 040
Project Location-Specific: TRACT No. 10260 - ACACIA AVENUE AND HILL DRIVEAREA LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT
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
Name of Person or Agency Carrying out Project:
CITY OF SAN BERNARDINO
Exem"Et Status: (check one)
U Ministerial (Sec. 21080(b)(1); 15268);
D Declared Emergency (Sec. 21080(b)(3); 15269(a));
D Emergency Project (Sec.21080(b)(4); 15269(b)(c));
ex Categorical Exemption. State type and section number: Class 1 15301 te) Res.90-217.See. B2e
D 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 Code/Telephone/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? DYes D No
Signature:
Date:
Title: Real Property Supervisor
GI Signed by Lead Agency
D 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
2006 / 2007 ASSESSMENT ROLL - AD 1040
ACACIA A VENUE AND HILL DRIVE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
Assessment No. Parcel No. or Lot No. Assessment Amt.
0 0270-05 I - I 9 $0.00
0270-25 I -26 $775.39
3 0270-25 I -27 $775.39
4 0270-251-03 $775.39
5 0270-251-04 $775.39
6 0270-251-05 $775.39
7 0270-251-06 $775.39
8 0270-25 1-07 $775.39
9 0270-25 I -08 $775.39
10 0270-25 I -09 $775.39
11 0270-251-10 $775.39
12 0270-251- I I $775.39
13 0270-251-12 $775.39
14 0270-251-13 $775.39
15 0270-251-14 $775.39
16 0270-251-15 $775.39
17 0270-25 I -16 $775.39
18 0270-251-17 $775.39
19 0270-251-18 $775.39
20 0270-251-19 $775.39
21 0270-241-01 $775.39
22 0270-241-02 $775.39
23 0270-241-03 $775.39
24 0270-241-04 $775.39
25 0270-241-05 $775.39
26 0270-24 I -06 $775.39
27 0270-241-07 $775.39
28 0270-241-08 $775.39
29 0270-241-09 $775.39
30 0270-241-10 $775.39
31 0270-241-1 I $775.39
32 0270-241-12 $775.39
33 0270-241-13 $775.39
34 0270-241-14 $775.39
35 0270-241-15 $775.39
1040 / 2006 EXHIBIT "5" Page 1 of2
Assessment No. Parcel No. or Lot No. Assessment Amt.
---------------
36 0270-241-16 $775.39
37 0270-241-17 $775.39
38 0270-241-18 $775.39
39 0270-251-20 $775.39
40 0270-251-21 $775.39
41 0270-251-22 $775.39
42 0270-251-23 $775.39
43 0270-251-24 $775.39
44 0270-251-25 $775.39
45 0270-241-19 $775.39
46 0270-241-20 $775.39
47 0270-241-21 $775.39
TOTALS: 47 Parcels $35,667.94
1040 / 2006
EXHIBIT "5"
Page 201'2
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RESOLUTION NO. <<: 0 [p Y
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 ACACIA AVENUE AND HILL DRIVE 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. 1040; 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. 1040,
Acacia Avenue and Hill Drive 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. 1040, the boundaries of which are generally as follows:
The southerly, easterly and westerly lines of Tract No. 10260 and the northerly line
of the fuel modification area lying within San Bernardino County Flood Control
District property on the north, as described in San Bernardino County Permit No.
P-22005070 to the City of San Bernardino, dated September 2, 2005, and future
extension of said permit, as may be granted by the County of San Bernardino.
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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 ACACIA
AVENUE AND HILL DRIVE AREA (AD 1040).
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
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 within slopes along the southerly sides of Lots
23 thro\lgh 29, the westerly side of Lots 20 through 23, the easterly and westerly sides of Acacia
Avenue, all within Tract No. 10260; and the fuel modification area within San Bernardino County
Flood Control Property located adjacent to and northerly of Lots 10 through 19 of said Tract No.
10260. The estimated cost of said maintenance for the first year, including incidental costs is
S35,667.94.
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, within the boundaries of the Assessment District and Assessor's
Parcel No. 0270-051-19, 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
II/OliOS
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
1 ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE ACACIA
2 A VENUE AND HILL DRIVE AREA (AD 1040).
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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
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
vvill 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
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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 ACACIA
AVENUE AND HILL DRIVE AREA (AD 1040).
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
Mayor and Common Council of the City of San Bernardino on Monday, December 5,2005 at the
hour of 4:00 p.m., and that a public hearing will be held on Monday, December 19,2005, 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 193 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 maintenance or the costs thereof. Any person owning property within the proposed
district may protest against said district, the proposed maintenance OJ 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., December 19, 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 formation of the district until the condusion of said public hearing on December 19,2005. 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 sho\\'11 on the ballots returned in opposition to the assessment is greater
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT
I~VESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE ACACIA
AVENUE AND HILL DRIVE AREA (AD 1040).
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 December 19,2005, protests have been filed
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.
I I/O I/05
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
1 ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT
INVESTlGA TlON, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE ACACIA
2 AVENUE AND HILL DRIVE AREA (AD 1040).
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
thereof held on the
day of
7 vote, to-wit:
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Council Members: A YES
NAYS
ABSTAIN
ESTRADA
LONGYILLE
r-.rCGINNIS
DERRY
KELLEY
JOI-INSON
MCCAMMACK
meeting
, 20_, by the following
ABSENT
City Clerk
20 The foregoing resolution is hereby approved this _ day of
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Approved as to form
and legal content:
JAMES F. PENMAN,
City
(
\
,20_"
JUDITH Y ALLES, Mayor
City of San Bernardino
6
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
'"
Meeting Date (Date Adrpted): J \..1 ,0)
Vote: Ayes \,; Nays
"lOoe; ; 7 '1 --
Itom # JD Ro"qtiOn # 0\ - 0-
Abstain 4 Absent
Companion Resolutions
Change to motion to amend original documents 0
NulINoid After:
days/
Resolution # On Attachments: 0
Note on Resolution of attachment stored separately: 0
POST 0 /CORDW/COUNTY 0
Date Sent to Mayor: \ \, ~ f 0)
I\;\~/O~/
;/
Date of Clerk/CDC Signature: 1 \ -( 01 0\
PUBLISH 0
By:
Reso. Log Updated: 6
Seal Impressed: Y' /
Reso. # on Staff Report ~
Date of Mayor's Signature:
Date Memo/Letter Sent for Signature:
1 st Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
/
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes
No~By_
No I By _
No/ By_
NOZ~~_
No By _
Yes
Yes
Yes
Yes
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
EDA
Information Services 0
Parks & Recreation 0
Police Department 0
Public Services 0
Water Department 0
Facilities
Finance
Others:
Fire Department
Notes:
/'
Ready to File: V
,,/
/
/'
11--1 i oS
Date:
Revised 12/18/03