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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: October 21, 2005
Subject: Authorization to proceed and
Resolution of lntention--- formation of a
Landscape Maintenance Assessment District
in the Northpark Boulevard and Northstar
Avenue area (Tract No. 16865).
From: JAMES FUNK, Director
Dept: Development Services
File No. 14.40-138
Synopsis of Previous Council Action:
MCC Date: 11-21-2005
09/08/2004 - Tentative Tract No. 16865 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 Northpark Boulevard and Northstar Avenue area (Tract No. 16865 ), to be
known as Assessment District No. 1046; AND
2. Adopt Resolution.
~JrJ< -
Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Maps, Ward: 5
Engineers Report, Reso.
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees paid by applicant)
Source: (Acct. No.) 254-000-2301-6034
(Acct. Description) Assessment District Deposits
Finance:
Council Notes: Rr:<rl 2.COS- 3'8 ~
Agenda Item No.
IlTfiJos
13
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to proceed and Resolution of Intentionm formation of a Landscape Maintenance
Assessment District in the Northpark Boulevard and Northstar Avenue area (Tract No. 16865).
BACKGROUND:
On September 8, 2004, the Planning Commission approved Tentative Tract No. 16865, located
on the south side of Northpark Boulevard, west of Little Mountain Drive. Drake Development,
the developer of the tract, submitted a petition on behalf of the owner for the formation of a
landscape maintenance assessment district, as one of the conditions of approval for this tract. The
formation of this District will assess the special benefit costs of maintaining the landscaping and
appurtenances to the owners of the properties benefiting from the maintenance area. The areas to
be maintained by the District will be landscaping along portions of the south side of Northpark
Boulevard and along portions of Northstar Avenue within the westerly slopes of Lots 19 and 15.
The developer has paid the required $4,000 formation fee.
When the final map for Tract No. 16865 records, it will consist of 19 single-family lots. The
annual cost of maintenance and incidentals will be spread across these 19 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 is $293 per single family
lot. Since Northpark Boulevard is designated a secondary arterial, a portion of the landscaping
costs cannot be assessed to the District since this portion has been determined to be of a general
benefit, as defined in said Engineer's Report. This amount is estimated to be $213 annually, and
will need to be funded from the general fund or other non-district funding source.
The attached Resolution of Intention sets a public meeting for January 9, 2006, a public hearing
for January 23,2006, 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 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
homeowners will purchase the homes subject to the assessment district. All potential
homebuyers will be given a disclosure notice by the developer, advising them of the existence of
an assessment district and the proposed annual cost.
FINANCIAL IMP ACT:
Applicant has paid the $4,000 processing fee and all subsequent work carried out in the district
will be assessed back to property owners, with the exception of $213 determined to be general
benefit. This amount will need to be funded from the general fund or other non-district funding
source.
RECOMMENDA nON:
Staff recommends that authorization be given to proceed with the formation of a Landscape
Maintenance Assessment District in the Northpark Boulevard and Northstar A venue area (Tract
No. 16865) and that the attached Resolution of Intention be adopted.
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1046
NOR THP ARK BOULEVARD AND NOR THST AR AVENUE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE
CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO
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Fikld In the ol'flce of the CltyClerk in the C.yol San ~mardlnothls_
day 01 ,20_,
RACHEL CLARK,
CRy Oel1<. C~y of San Bernardino
PalTION (l'
GOI{RN"ENT
lOT 38
T.! N.. R.4
w.
UNUsro
SECTIONS
I hereby certify thai Ihe map showing lheproposad boundaries for Assessment
District No. 1046 In the CRy of San Bemardm, CoIInty of San Bernardino, Stale
of Califomia-:wa8 approved by the Mayor and Conmon Council of the City of
San Bemardlflo at a regularmoolhg thereol,held on the _dayol
,20-, by Resolutlorl No
. and hasbeenftled in the office oflhe County
Recorder of San Bernardino Counly on the day of
.201n8~
page(s)_ol Maps o'i"ASSessmenl and COmmunMy FacllllNls
Districts.
RACHEL CLARK,
City Clerll, C~y of San Bernardino
Recordedi1theofllceof\tleC~yEnglneertllis_dayof
,20_
CITY ENGINEER
C~yofSanBemardino
An assessmenl was levied by the Mayor and CommOfl Coum:1 of the Clly of
San 8eman:Hoo on the lots, pieces, and parcels of the land shown on this
assessment diagram. Sald assessment was levied on the _ day of
,20 : tI1e assessment dlagram and the
assessmenl roll were recorded ;U;; office of the Cily Engineer of !laid City Ofl
the_dayof .20_Referencelsmadeto
theassessmenlroll recorded In \tie ofllce oflhe City Engineer forlhe exact
amount of each assessment levied against each pan::el of land sho'M'l OIl this
assessmenldlagram.
LUCATIUN UF
ASSESSMENT DI5TRll'T
~
RACHEL ClARK.
Cily Clerll, C~y of San Bemardino
ASSESSMENT DISTRICT
BOLNDAAY StiJ'w'N THUS.
AREAS CF MAINTENANCE SHlVN THUS.~
ASSESSMENT NUMBERS SHIlVN THUS. CD
'''''.'''ED 20
San Bernardino County Recorder's Certificate
This map has been filed under Document
Number this
day of 20 ,at m in
Book of
at page , at the request of
=-
in the amountof$
.
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
DRAWING
NO.
11593A
VICINITY MAP
NORTIIPARK BOULEVARD AND
NORTHSTAR AVENUE LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT
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larryWalker
Auditor-Controller/Recorder
County of San Bernardino
By.
Deputy Recorder
LOCA TION OF
PROPOSED ASSESSMENT
DISTRICT NO. 1046
~
No Sco.le
Bo.se Line
St.
5th St.
Mill St,
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1046 -
Northpark Boulevard and Northstar
Avenue Area (Tr. 16865)
~ indica. tes un-incorpora. ted
~ a.rea.s within City's Sphere of
Influence
Created by:
Date:
ENGINEER'S REPORT
jor
ASSESSMENT DISTRICT NO. 1046
(Northpark Boulevard and Northstar Avenue Area Assessment District)
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
File No. 14.40-138
CITY OF SAN BERNARDINO
DEP ARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
Prepared October 21, 2005
Engineer's Report - AD 1046
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1046
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.1 046,
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 1046
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS /ENGINEERING DIVISION
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1046
(Northpark Boulevard and Northstar Avenue Area Assessment District)
PETITION -- On August 25, 2005, 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 of landscaping along portions of North park Boulevard and portions of Northstar Avenue within
Tract No. 16865. 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. 16865 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 21,2005, 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~ 1046 (Northpark Boulevard and Northstar Avenue
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 August 25,2005, 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 along
portions of the south side of North park Boulevard and along portions of North star Avenue within the westerly slopes
of Lots 15 and 19, all within Tentative Tract No. 16865.
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
Engineer's Report - AD 1046
installation of any landscaping.
DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the
Assessment Boundary Map of Assessment District No. 1046 and are generally described as follows: The centerline
of Northpark Boulevard on the north and the westerly and the easterly lines of Tentative Tract No. 16865.
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
of the City Clerk. A reduced copy ofthe 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 ofthe 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
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 ofthe assessment district, except as follows:
Engineer's Report - AD 1046
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 Northpark
Boulevard is designated as a major arterial street and represent 26% of the total maintenance area; thus 15% of26%
of the total costs of mainetance is deemed to be general benefit, and not assessable to the District.
Northstar A venue is deemed to be a local street, thus 100% of the cost of landscaping maintenance and
appurtenances along this portion of the District 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. No publicly owned lands
are located within the boundaries of the Assessment District. All public streets and rights of way are exempt from
assessments.
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.
Engineer's Report - AD 1046
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 is one single parcel within the proposed District Boundaries
representing 19 Assessment Units. Upon recordation of the final map for Tract No. 16865, there will be 19 single
family parcels within the District, with each parcel representing 1 assessment unit as described under Method of
Assessment, and assessments are spread accordingly. An Assessment Roll representing the estimated first year's
maintenance costs for the current one parcel configuration and the 19 parcel subdivision has been prepared and is
shown as Exhibit "s" and "SA" respectively.
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~nd 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 1046
TABLE 1
ESTIMATED FIRST YEAR'S COST SUMMARY
Assessment District No. 1046
(Northpark Boulevard and Northstar Avenue Area Landscape Maintenance Assessment District.)
Description of Costs
Quantity
Unit Cost/Unit Annual Cost
Q
R
S
T
U
-
Maintenance of Groundcover IShrubslIrril!ation 9,560 Sq.Ft. 0.20 $ 1,912.00
Maintenance of Tu rf and Irri~ation - Sq.Ft. - $ -
TOTAL AREA OF MAINTENANCE (A+B) 9,560 So.Ft. - -
Maintenance of Trees I Irri~ation I L.S. 500.00 $ 500.00
Water and Enerl!v Costs 9,560 So.Ft. 0.08 $ 764.80
Weeklv Inspection(labor,overhead) (Total Annual Hrs) 52 Hours 30.00 $ 1,560.00
Annual Assmt. Enl!.ineerinl!. (Iabor+overhead) 5 Hours 33.00 $ 165.00
Contract Adminstration (Iabor+overhead) 12 Hours 22.00 $ 264.00
Incidentals (materials, supplies, other costs) I L.S. 100.00 $ 100.00
Outside Denartment Services (Iabor+overhead) I L.S 200.00 $ 200.00
Subtotal (A+B+E+F+G+H+I+J) $ 5,465.80
General Benefit Calculations:
Area of Maintenance 2,460 So.Ft.
Percent of Total Area (QI C) Rounded 26.00 %
Proportioned cost of Total Cost (K*R) $ 1,421.11
General Benefit Percenta~e -. 15.00 %
General Benefit Amount Not Assessable (S'T) 213.17 $ (213.17) $ (213.17)
Subtotal $ 5,252.63
Estimated Interest for non-prefunded amounts' 6 Percent $ 315.16
Subtotal $ 5,567.79
Adjustment (Rounding for Assessment Roll) $ (0.03)
TOTAL FIRST YEAR'S ESTIMATED COSTS $ 5,567.76
A
B
C
o
E
F
G
H
I
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
$5,567.76 + 19 = $293.04 per Assessment Unit per year
Engineer's Report - AD 1046
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. 1046 (Northvark Boulevard and Northstar Avenue
Area Landscave Maintenance Assessment District).
,
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IC-U~-C~
/1tdtj:C<<~~-t~
Mark Lancaster, R.C.E.,
City Engineer
Date
Engineer's Report - AD 1046
List of Exhibits
1. Vicinity Map.....................................................
2. Reduced copy of Boundary Map.......................
3. Reduced copy of Assessment District Diagram
4. Copy of "Notice of Exemption".........................
5. Proposed Assessment Roll (FY 2006/2007)
Current Configuration. . . . . . . . . . . . . . . . . . . . . . . .
Subdivided Configuration....................
Exhibit "1"
Exhibit "2"
Exhibit "3"
Exhibit "4"
Exhibit "5"
Exhibit "SA"
LOCA TlON OF
PROPOSED ASSESSMENT
DISTRICT NO. 1046
~
No Sco.le
Base Line
St.
5th St.
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION ,
Proposed Lo.ndsco.pe Mo.inteno.nce
AssessMent District No, 1046 -
Northpo.rk Boulevo.rd o.nd
Northsto.r Avenue Areo. CTr,
16865)
Created by: Date: lohrtoJ
~ indico. tes un-incorporo. ted
~ o.reo.s within City's Sphere of
Influence
EXHIBIT "1"
LOCATION OF
ASSESSMENT DISTRICT
ASSESSMENT BOUNDARY
ASSESSMENT DISTRICT NO. 1046
NORTHPARK BOULEVARD AND NORTHSTARAVENUE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE
CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO
PORn()j~
CCMJlN\IEHT
lOT 38
11 N., R.4
W.
UNUSED
SEC11Cl<S
Filed in the office of the City Clerk in the City of San Bemardino
this__dayof .2{)~.
RACHEL CLARK.
City Clerk. City of San Bernardino
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I hereby certify that the within map showing the proposed
Doundaries of Assessment District No. 1039 of the City of San
Bernardino, County of San Bemardino:sr;ie of California. was
approlled by the City Council of the City of San Bernardino at a
regular meeting thereof, held on the day of
,20 ,byResolulion
No . and was filed in the office of the County
Recorder of San Bernardino County, State of California. on the
~dayof ,20_inBook
~_, page(s) of Maps of Assessmenl
arid Community Facilities Districts
RACHEL CLARK,
City Clerk, City of San Bernardino
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San Bernardino County Recorder's Ceroflcate
ASSESSWEHT DISTRICT
IIJJHDARY $t(]\lN TtlJS<
This map has been filed under Document
Number this
day of 20 ,al mm
Book of
at page at the request of
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in the amountofS
DRAIJING
I\(].
11593
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
Larry Walker
Auditor-Controller/Recorder
County of San Bernardino
..
.... ...L..
-1.........
Deputy Recorder
NORTHPARK BOULEV ARD AND
NORTHSTAR AVENUE LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT
By
VICINITY MAP
EXHIBIT "2"
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1046
NORTHPARK BOULEVARD AND NORTHSTAR A VENUE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE
CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO
LOC\TION OF
,\SSESSMEi'JT DI~'TRICT
Filed ;"the office oflhe C~.,. C1e<1< '" lhe City~ San&-nll'dinohs_
da."ol 20
FlACHELCLARK,
CiryCIeIit,CityofSaneerr.dino
PGlTION rE
OO_T
lOT J8
T.l N., R.4
W.
lHls<D
SECTIONS
I hereby cartlfy lhalltle map showing \he proposed boundalie5 for Asseumefll
OiSInCl No 10.46 lflthe City of San B.~ino. County of San Bemanmo, Slate
ofCalifcmla-;-W;S approvad by Ihe Mayor and Cormlc:roCouncilollheCilyol
Sa"Bilmllrdinoatil"lJU~m..li"lllh<<eof,heklonlhe_daycrl
20 . by RellOllllionNo
and hast;;;;;'f~1td in Ihe ollieeollho County
Recorder of San Bemard,rIO County on It'le_ORYcJ
20 i"Book
paoge(s)_ of Mllp5 oi"'A5'Senm.nland COrnmunty FlICilotNls
Dislt\ClS
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RACHEL ClARK
Ciryerer\<, Cilyof SanBemartliro:J
RewnJlIdmlheotrleeDftheCllyEogioeerlhls~dIlyaf
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CITY ENGINEER
Cily of San Bemanli'lo
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An assessmenl was levied l:Iy the MaVOl and Common Cr.lord of IN City 01
San Bem8rtl.ngon !helots, pieces. andparcelsol"-lrCI~onhs
auessmenldi&gr","_ Saidulessm....IW"~on...._dayol
20 ~ 1M auusmanldiagnlmand!he
8Ss.ssmenlrollW<lf1lre<::orde4inlheolflc.ofIheCity~ofsaldOtyon
lhoi!~aayof ,2lI_ReferenceismaclelO
lI\easlessmentroUrecordellitltt-.omc.(lfIheCityE~forlhlrelUlCl
&mcum Qf ..ach lIueurnenllevied .'111 each pan::elollllrllllh<-. ""ttvs
i1Siessmenldtlq;Jm
~
RACHEL ClARK
C'lyClerll. cay 01 San Bemardino
ASSESSWENT DISTRICT
IIIJJNDNlY SI-IlIJN THJs.
ARE~S tF MAINTOW<<:E SHJVN THUS.
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San Bernardino County Recorder's Certificate
ThiS map has been filed under Document
Number this
day of 20 ,at
Book of
at page at the request of
..
on
intheamountof$
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVlSION
DRAWING
til.
11593A
VICINITY MAP
NORTHPARK BOULEVARD AND
NORTHSTAR AVENUE LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT
..., ~..
-Looun
Larry Walker
Auditor-ControlleriRecorder
Coonty of San Bernardlllo
By
Deputy Recorder
EXHIBIT "3"
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CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT
NOTICE OF EXEMPTION
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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.1 046
Project Location-Specific: TRACT No. 16865 - NORTHPARK BOULEVARD AND NORTHSTAR
AVENUE AREA 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
CITY OF SAN BERNARDINO
Name of Person or Agency Carrying out Project:
Exem....et Status: (check one)
U Ministerial (Sec. 21080(b)(1); 15268);
o Declared Emergency (Sec. 21080(b)(3); 15269(a));
o Emergency Project (Sec.21080(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
GI Signed by Lead Agency
o Signed by Applicant
Date received for filing at OPR:
...
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EXHIBIT "4"
PLAN10.05 (5-90) Rev ENG (5-97) Page 1 of 1
CITY OF SAN BERNARDINO
PROPOSED
2006 / 2007 ASSESSMENT ROLL - AD 1046
NORTH PARK BOULEVARD AND NORTHSTARAVENUE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
Assessment No.
Parcel No. or Lot No.
0266-131-24
TOTALS:
1 Parcels
1046 / 2006
EXHIBIT "5"
Assessment Amt.
$5,567.76
$5,567.76
Page I of I
Assessment No.
TOTALS:
1046 / 2006
CITY OF SAN BERNARDINO
PROPOSED ON SUBDIVISION
2006 / 2007 ASSESSMENT ROLL - AD 1046
NORTHPARK BOULEY ARD AND NORTHSTAR A YENUE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
Parcel No. or Lot No.
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3
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5
6
7
8
9
\0
II
12
13
14
15
16
17
18
19
TR. 16865 Lot-I
TR. 16865 Lot-2
TR. 16865 Lot-3
TR. 16865 Lot-4
TR. 16865 Lot-5
TR. 16865 Lot-6
TR. 16865 Lot-7
TR. 16865 Lot-8
TR. 16865 Lot-9
TR. 16865 Lot-IO
TR. 16865 Lot-II
TR. 16865 Lot-12
TR. 16865 Lot-13
TR. 16865 Lot-14
TR. 16865 Lot-15
TR. 16865 Lot-16
TR. 16865 Lot-17
TR. 16865 Lot-18
TR. 16865 Lot-19
19 Parcels
EXHIBIT "SA"
Assessment Amt.
$293.04
$293.04
$293.04
$293.04
$293.04
$293.04
$293.04
$293.04
$293.04
$293.04
$293.04
$293.04
$293.04
$293.04
$293.04
$293.04
$293.04
$293.04
$293.04
$5,567.76
Page 1 of I
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RESOLUTION NO.
C(Q)~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 NORTHP ARK BOULEVARD AND NORTHST AR A VENUE 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. 1046; 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. 1046,
Northpark Boulevard and Northstar Avenue 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.1 046, the boundaries of which are generally as follows:
The centerline of Northpark Boulevard on the north and the westerly and the
easterly lines of Tract No. 16865.
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
II/OliOS
Vl..J) . IS
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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 NORTHPARK
BOULEVARD AND NORTHST AR A VENUE AREA (AD 1046).
4 hereby preliminarily approved.
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SECTION 2. It is the intention of said Mayor and Common Council to order
improvements \vithin the district, which improvement shall consist of, but are not limited to the
maintenance of landscaping along portions of the south side of Northpark Boulevard and along
portions of Northstar Avenue within the westerly slopes of Lots 15 and 19, all within Tract No.
16865.The estimated cost of said maintenance for the first year, including incidental costs is
$5,567.76.
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SECTION 3. Said contemplated work and improvements is of more than local or ordinary
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pubJic 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 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
office of the City Clerk of said City, for full particulars and proposed assessment amount against
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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 NORTHPARK
BOULEVARD AND NORTHST AR A VENUE AREA (AD 1046).
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
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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 NORTHPARK
BOULEVARD AND NORTHST AR A VENUE AREA (AD 1046).
Mayor and Common Council of the City of San Bernardino on Monday, January 9, 2006 at the
hour of 4:00 p.m., and that a public hearing will be held on Monday, January 23, 2006, 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., January 23, 2006. 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 January 23, 2006. 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\Vl1 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.
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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 NORTH PARK
BOULEV ARD AND NORTHST AR A VENUE AREA (AD 1046).
If by the conclusion of said public hearing on January 23, 2006, 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.
III
III
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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 NORTHPARK
BOULEVARD AND NORTHST AR A VENUE AREA (AD 1046).
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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
vote, to-wit:
9 Council Members: A YES
NAYS
meeting
, 20_, by the following
ABSTAIN ABSENT
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ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
20 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,
:~Y~tV~
10/26/05
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 1~' J ( d) 5' Item # r~
Vote: Ayes /- 1 Nays
Resolution # .;2 005 - 3 g "3
Abstain Absent
Change to motion to amend original documents D
Companion Resolutions
Null/Void After:
days /
Resolution # On Attachments: D
Note on Resolution of attachment stored separately: D
PUBLISH D
POST D
RECORD W /COUNTY D
By:
. ,,') ,---'
Date Sent to Mayor: / / '~d - ()'S :
Date of Mayor's Signature: 11 r )7 /c~ .-/'
Date of Clerk/CDC Signature: 1\-) ;~d)\
Reso, Log Updated: rz(
Seal Impressed: ~ /
Reso, # on Staff Report QI'
Date Memo/Letter Sent for Signature:
1st Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: D
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 , By_
No ~=B~?-
NO~y
No~ By_
Yes
Yes
Yes
Yes
Copies Distributed to:
Animal Control
EDA
D Information Services D
D Parks & Recreation D
D Police Department D
D Public Services D
D Water Department D
D
D
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Code Compliance D Fire Department
Development Services ~ ,..,) Human Resources
r\~)'r-- ~Lt",'i)11 ~;7 ;}oJtv1Jt)/
, f . /
1/ 'L
Facilities
City Administrator
City Attorney
Finance
Others:
Notes:
/
Ready to File:V
, /
Date: I k)1 r O\~
Revised 12/18/03