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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Authorization to proceed and
Resolution ofIntention--- formation of a
Landscape Maintenance Assessment District
in the Shandin Hills Drive and Shady Creek
Drive area (AD 1042 -Tract No. 14254).
Dept: Development Services
Date: March 29, 2006
File No. 14.40-142
Synopsis of Previous Council Action:
06/06/2005- Tract Map No. 14254 was approved, with conditions.
MCC Date: 04-17-2006
Recommended Motion:
I. That the Director of Development Services and the City Clerk be authorized to proceed
under SBMC 12.90, with the establishment ofa Landscape Maintenance Assessment
District in the Shandin Hills Drive and Shady Creek Drive area (Tract No. 14254), to be
known as Assessment District No. 1042; AND
2. Adopt Resolution.
~~
James Funk
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:
5
Source: (Acct. No.) 254-000-2301-6029
(Acct. Description) Assessment District Deposits
Finance:
Council Notes: -.R.r~o, JODlo-/OY
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to proceed and Resolution of lntentionm formation of a Landscape Maintenance
Assessment District in the Shandin Hills Drive and Shady Creek Drive area (AD 1042 -Tract No.
14254 ).
BACKGROUND:
On October 13, 2004, a petition for the formation of a Landscape Maintenance Assessment
District was submitted to the City on November 1, 2004 by Meritage Homes, developer of Tract
No. 14254, located in the area of Shandin Hills Drive and Shady Creek Drive. The formation fee
of $4,000 was paid on October 18, 2004. The petition represented 100% of the property owned
and proposed to be assessed within the Assessment District as of the date of submission.
On June 6, 2005, Tract No. 14254 was approved with one of the conditions being the formation
of a Landscape Maintenance Assessment District. This condition was placed to relieve the City
of the costs of maintenance of the perimeter and fuel modification area, and to assess these costs
to those properties receiving the most benefit.
Tract No. 14254 consists of 72 single family lots. The annual cost of maintenance and
incidentals will be spread across these 72 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 required by law, only special
benefit may be assessed to properties 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 plus incidental and formation costs. is $62.1 77 and will be spread across the 72 lots
within the District. The estimated first years cost per lot will be $863. The fomlation costs in
excess of the $4,000 deposited by the developer. which is $2,900, are included in the first years
costs and will not be included in subsequent years assessments. 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 May 1. 2006. and a public hearing
for May 15. 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. Ballots are weighted proportionally to
the amount of the proposed assessment for each parcel. The O\\'Jlers of record will be given
mailed notice of the public meeting and hearing, along with an Assessment Ballot form. The
developer has advised us that as of the date of this report. 17 lots have sold and closed. Since this
represents less than 50% of the total amount of lots, with the developer still owning over 50%, 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, including
additional formation costs, 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 Shandin Hills Drive and Shady Creek Drive area (AD
1042 -Tract No. 14254) and that the attached Resolution ofIntention be adopted.
LOCATION OF PROPOSED
ASSESSMENT DISTRICT NO. 1042
-
No Scale
5th St.
Mill St.
.,
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.,
Orange Show Rd. ~
;::
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
SHANDIN HILLS DRIVE AND SHADY CREEK
DRIVE AREA LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT NO. 1042 - TR. NO.
14254
~ indicates un-incorporated areas
~ within City's Sphere of Influence
Created by: l-II5Uc frr.-,6P/
.
Date: 3!?I(/ov
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1042
(Shandin Hills Drive and Shady Creek Drive Landscape Maintenance Assessment District)
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
ST A TE OF CALIFORNIA
File No. 14.40-142
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
Prepared: March 28, 2006
by
GFB-FRIEDRICH & ASSOC., INC.
6529 Riverside Avenue, Suite 230
Riverside, CA 92506
(951) 781-0811
-'gineer's Report - AD 1042
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1042
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.1 042
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
f:''7gineer's Report - AD 1042
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS /ENGINEERING DIVISION
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1042
(Shandin Hills Drive and Shady Creek Drive Landscape Maintenance Assessment District)
PETITION -- On October 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 of landscaping along portions of the easterly side (fronting Shandin Hills Drive) of Tract No. 14254
and the fuel-modification area located in San Bernardino County Flood Control property along the northerly and
westerly sides of said Tract No. 14254. The signatures on the petition represent 100% of the property o"'mers 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. 14254 by the City to relieve the City from having to maintain the areas of landscaping and
ess the costs of said landscaping to those properties receiving the benefit of said maintenance.
AUTHORIZATION - On ,2006, 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. 1042 (Shandin Hills Drive and Shady Creek Drive
Landscape .\4aintenance 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 ESTIMA TED COSTS OF PROCEEDINGS -- On October 18,2004, 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 City-owned lots and no maintenance will be carried out on private
property.
DESCRIPTION OF IMPROVEMEIVTS -- The improvements to be maintained include landscaping within
elOpeS along Shandin Hills Drive including the easterly sides of Lots I through 3, the easterly side of Lots 52
ough 57, and the easterly side of Lot 72, all within Tract No. 14254; and the fuel modification area and detention
basins within City of San Bernardino property shown as Lot "A" on the map of Tract No. 14254.
-"gineer's Report - AD 1 042
PLANS AND SPECIFIC A TIONS uPlans and Specifications for the landscaping have been prepared by the
developer according to the standards of the City and are 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. 1042 and are generally described as follows: Shandin Hills
Drive and the easterly, northerly. westerly and southerly boundary lines of Tract No. 14254, including the fuel
modification area lying within City of San Bernardino property on the north, west and south of the proposed
residential lots.
VICINITY MAP u A vicinity map showing the general location of the proposed Assessment District is
attached as Exhibit "1".
DISTRICT BOUNDAR Y MAP -- A proposed 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 u 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
j 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 u 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
-l'e maintenance of the landscaping is specific and incidental to this development. it is further determined that the
,provements 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:
'ngineer's Report - AD 1042
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 secondarv 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
Shandin Hills Drive 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 oflandscaping 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 City of San Bernardino 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 follo\ving 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. Ifthere 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.
ASSESSMENT SPREAD -- The amount of each Assessment Unit is determined by dividing the total
'11aintenance costs, including all incidentals, by the total number of assessment units, as determined by the above
.~letllOd of Assessment. Each parcel in the district is then assessed based upon the total number of Assessment Units
calculated for that parcel.
r:'ngineer's Report - AD 1042
ASSESSMENT ROLL -- Presently there are 72 single family parcels within Tract No. 14254, with each
parcel representing I 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 72 parcels within Tract No. 14254 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
'ent will an increase, if needed. exceed 5% without a majority approval of property owners in the district.
THIS SPACE INTENTION ALL Y LEFT BLANK
Engineer's Report - AD 1042
TABLE 1
ESTIMA TED FIRST YEAR'S COST SUMMARY
Assessment District No. 1042
(Shandin Hills Drive and Shady Creek Drive Landscape Assessment District)
Description of Costs
9uantitv
Unit
Cost/Unit
Annual Cost
A
B
C
D
E
F
G
H
I
J
K
Maintenance of Groundcover / Shrubs / Irri2ation 187,800 Sq. Ft. 0.15 $ 28,170.00
Maintenance of Citv Fuel-Mod Thinninl!: Area 229,330 Sq. Ft. 0.04 $ 9,173.20
TOT AL AREA OF MAINTENANCE (A + B) 417,130 Sq. Ft. - -
Maintanance of Trees / Irril!ation 1 L.S. 1.000.00 $ 1,000.00
Water and Enerl!v Costs 187.800 Sq. Ft. 0.08 $ 15,024.00
Weeklv Inspection (labor, overhead) (Total Annual Hrs) 52 Hours 30.00 $ 1,560.00
Annual Asmt. Enl!:ineerinl! (labor + overhead) 5 Hours 33.00 $ 165.00
Contract Administration (labor + overhead) 15 Hours 22.00 $ 330.00
Incidentals (materials, supplies, other costs) 1 L.S. 100.00 $ 100.00
Outside Department Services (labor + overhead) 1 L.S. 400.00 $ 400.00
Subtotal (A + B + D + E + F + G + H + I + J) $ 55,922.20
General Benefit Calculations:
Area of Maintenance - Sq. Ft.
Percent of Total Area (Q / C) Rounded - 0/0
Proportioned cost of Total Cost (Kx R) 5 -
General Benefit Percental!e - ~/o S -
General Benefit Amount Not Assessable (R x S) - S 0.00
Subtotal $ 55,922.20
Estimated Interest for non-prefunded amounts * 6 Percent S 3.355.33
Formation Costs Less 54,000 Prepaid Deposit S 2,900.00
Subtotal $ 62,177.53
Adjustment (Rounding for Assessment Roll) $ (0.49)
TOT AL FIRST YEAR'S ESTIMATED COSTS $ 62,177.04
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 aboy
ASSESSMENT CALCULA TION -- Applying the Method of Assessment and Assessment Spread described
above. the following formula is used to determine the assessment amount per Assessment Unit:
Total Costs -;- Total Assessment Units = cost per Assessment enit
thus
$62,177.04 -;- 72 = $863.57 per Assessment Unit per Year
Pngineer's Report - AD 1042
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, 1042 (Shandin Hills Drive and Shadv Creek Drive
Landscape Maintenance Assessment District).
Date: 3 -28 -?JiG
....'1gineer's Report - AD 1042
List of Exhihits
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"
LoeA nON OF
ASSESSMENT
DISTRICT
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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.1 042
Project Location-Specific: TRACT No. 14254 - SHANDIN HILLS DRIVE AND SHADY CREEK DRIVE
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)
o Ministerial (Sec. 21 OBO(b)(1); 1526B);
o Declared Emergency (Sec. 21080(b)(3); 15269(a));
o Emergency Project (Sec.21 080(b)(4); 15269(b)(c));
[J Categorical Exemption. State type and section number: Class 1 15301 (e) Res.90-217,See. B2e
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 Prooertv Suoervisor
[lll Signed by Lead Agency
o Signed by Applicant
Date received for filing at OPR :
RXHIRIT "4"
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PLAN10.05 (5-90) Rev ENG (5-97) Page 1 of 1
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CITY OF SAN BERNARDINO
PROPOSED
2006 I 2007 ASSESSMENT ROLL - AD 1042
SHANDIN HILLS DRIVE AND SHADY CREEK DRIVE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
Assessment No.
Parcel No. or Lot No.
Assessment Amt.
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0266-8 I I -0 I
0266-8 I 1-02
0266-811-03
0266-8 I 1-04
0266-811-05
0266-811-06
0266-8 I 1-07
0266-8 I 1-08
0266-8 I 1-09
0266-811-10
0266-81 I-I I
0266-80 I -0 1
0266-801-02
0266-801-03
0266-801-04
0266-801-05
0266-801-06
0266-801-07
0266-80 I -08
0266-801-09
0266-801-10
0266-801-11
0266-801- I 2
0266-801-13
0266-801-14
0266-801-15
0266-801-16
, 0266-801-17
0266-801-18
0266-801-19
0266-80 I -20
0266-801-21
0266-80 1-22
0266-801-23
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
$863.57
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1042 I 2006
EXHIBIT "S"
Page 1 of2
Assessment No. Parcel No. or Lot No. Assessment Amt.
35 0266-801-24 $863.57
36 0266-801-25 $863.57
37 0266-801-26 $863.57
38 0266-801-27 $863.57
39 0266-801-28 $863.57
40 0266-801-29 $863.57
41 0266-801-30 $863.57
42 0266-801-31 $863.57
43 0266-801-32 $863.57
44 0266-801-33 $863.57
45 0266-801-34 $863.57
46 0266-801-35 $863.57
47 0266-801-36 $863.57
48 0266-801-37 $863.57
49 0266-801-38 $863.57
50 0266-801-39 $863.57
51 0266-801-40 $863.57
52 0266-801-41 $863.57
53 0266-801-42 $863.57
54 0266-801-43 $863.57
55 0266-801-44 $863.57
56 0266-791-01 $863.57
57 0266-791-02 $863.57
58 0266-791-03 $863.57
59 0266-791-04 $863.57
60 0266- 791-05 $863.57
61 0266-791-06 $863.57
62 0266-791-07 $863.57
63 0266-791-08 $863.57
64 0266-791-09 $863.57
65 0266-791-10 $863.57
66 0266-791-11 $863.57
67 0266-791-12 $863.57
68 0266-791-13 $863.57
69 0266-791-14 $863.57
70 0266-791-15 $863.57
71 0266-791-16 $863.57
72 0266-791-17 $863.57
TOTALS: 72 Parcels $62.177.04
1042 I 2006 EXHIBIT "5" Page 2of2
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RESOLUTION NO.
RESOLUTION OF. THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
LOCA TED IN THE SHANDIN HILLS DRIVE AND SHADY CREEK 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
K.NOWN AS ASSESSMENT DISTRICT NO. 1042; 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 \vithin the City, to be known as Assessment District No. 1042,
Shandin Hills Drive and Shady Creek 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. 1042, the boundaries of which are generally as follows:
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The centerline of Shandin Hills Drive to the east. and the northerly southerly and
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westerly boundaries of Tract No. 14254.
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
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENA!'ICE
ASSESSMENT DISTRICT WITHOUT COVIPLlANCE WITH THE SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE SHANDIN
HILLS DRIVE AND SHADY CREEK DRIVE AREA (AD 1042 - TRACT NO. 14254).
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 westerly side of Shandin
Hills Drive, the fuel modification area in the westerly and southerly portion of Tract No. 14254,
and drainage channels and retention basins within or adjacent to said fuel modification area. The
estimated cost of said maintenance for the first year, including incidental costs and formation costs,
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IS $62,177.04.
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SECTION 3. Said contemplated work and improvements is of more than local or ordinary
public benefit, and that said I\layor and Common Council do hereby make the expense of such
\vork 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 Tract No. 14254. 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
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one assessment unit and the percentage of costs will be assessed proportional to the percentage of
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the total assessment units on each parcel as it relates to the total number of assessments, actual or
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by fOn11Ula. within the district. Reference is hereby made to said Engineer's Report, on file in the
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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 SHANDIN
HILLS DRIVE AND SHADY CREEK DRIVE AREA (AD 1042 - TRACT NO. 14254).
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
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are surplus amounts in the event of pre-funding of costs, then such surplus maybe applied as a
credit to the following year's assessment or retained in a reserve to offset future increases. Interest
\vill 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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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 1\10nday. 1\l3y ].2006, at the hour
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENA!'<CE
ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT
II"VESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE SHAN DIN
HILLS DRIVE AND SHADY CREEK DRIVE AREA (AD 1042 - TRACT NO. 14254).
of 4:00 p.m., and that a public hearing will be held on Monday, May 15, 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 formatioi1 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.. May IS, 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 May 15,2006. 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 shov,'n 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.
r f by the conclusion of said public hearing on May 15. 2006, protests have been filed and
not withdrawn by property owners representing over 50% of the assessment units to be assessed,
03129/0,6
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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 SHA]'I;DIN
HILLS DRIVE AND SHADY CREEK DRIVE AREA (AD 1042 - TRACT NO. 14254).
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
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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 1'v1unicipal Code.
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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 SHANDIN
HILLS DRIVE AND SHADY CREEK DRIVE AREA (AD 1042 - TRACT NO. 14254).
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
held on the
day of
Council Members: A YES
ESTRADA
BAXTER
MCGIN'NIS
DERRY
KELLEY
JOHNSON
MCCA!\fMACK
meeting thereof
, 20_0 by the following vote, to-wit:
NAYS
ABSTAIN
ABSENT
City Clerk
19 The foregoing resolution is hereby approved this _ day of
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Approved as to form
and legal content:
JX'vlES F. PE\i!\IAN.
City ,,\ttorney
By: L~.,'>-J'
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t-. J ,../t,....~t..-'t"'.
03129(J6
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P A TRICK J. MORRIS, Mayor
City of San Bernardino
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~ Item #
Vote: Ayes ~ Nays '&
Change to motion to amend original documents D
} S Resolution # dODb- / ~
Abstain ~ Absent _.
,
Companion Resolutions
NullNoid 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: Lf - 1<2> ~00
Date of Mayor's Signature: LJ 1<7/)/Dl(;
Date ofClerk/CDC Signature: ( '--( ir9D ID&
/ /
Reso. Log Updated: ft
Seal Impressed: )\I.
Reso. # on Staff Report J\f
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: D
Request for Council Action & Staff Report Attached: Yes No By~
Updated Prior Resolutions (Other Than Below): Yes No By~
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes No By~
Updated CDC Personnel Folders (5557): Yes No By~
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By~
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
--AI-
Code Compliance D Fire Department
Development Services JsJ:::d. ~ Human Resources
Others: JA.o~ 'fIv 0 ~
City Administrator
Facilities
City Attorney
Finance
Notes: \' ---1---.
~Ct
~ ~)~ fwluffi-/15j, ~ 6 JJ'~
Date: Hfv
Ready to File: V
W
Revised 12/18/03