HomeMy WebLinkAbout17-Development Services
',.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date:
Subject: Resolution ofIntention ---
Irvington Avenue and Olive A venue area
Development Services Landscape Maintenance Assessment District
ORIGINAL No. 1031 (Tract No. 15407).
September 9, 2003
File No. 14.40-122
MCC Date: 10-06-2003
From: JAMES FUNK, Director
Dept:
Synopsis of Previous Council Action:
03-17-2003 - Tract No. 15407 was approved, with conditions.
08-04-2003 - Authorization was given to proceed with the formation of Irvington Avenue and
Olive Avenue area Landscape Maintenance Assessment District No. 1031
Recommended Motion:
Adopt Resolution
~~
James Funk
Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: StaffR~port, Maps,
ResolutIOn
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees to be paid by applicant)
Ward:
5
Source: (Acct. No.) 254-000-2301-6019
(Acct. Description) Assessment District Deposits
Finance:
Council Notes:
_'l2..ebc,~C03-Zbl)
Agenda Item No.
J1
/0/(,//)3
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution ofIntention ---Irvington Avenue and Olive Avenue area Landscape Maintenance
Assessment District No. 1031 (Tract No. 15407).
BACKGROUND:
On March 17, 2003, Tract No. 15407, located on south side of lrvington Avenue, east of Olive
Avenue was approved. The developers of the tract, GFR Enterprises, Inc. and Century-Crowell
Communities, submitted a petition for the formation of a landscape maintenance assessment
district, as one of the conditions of approval. The formation of the district will assign the costs of
maintaining the landscaping to the owners of the properties most benefiting from the landscape
area. The area to be maintained by the district is designated as "Lot 'Am on the tract map, and is
also shown on the attached plat. The developers have paid the required $4,000 formation fee.
Tract No. 15407 consists of 107 single family lots. The annual cost of maintenance and
incidentals will be spread across these 107 lots. Part of the formation proceedings includes the
preparation of an Engineer's Report, which will detail the costs necessary to carry out the
ongoing maintenance of landscaping and will be presented with the Resolution of Intention at a
future meeting. The area to be maintained by the district (Lot "A") consists primarily of open
space area. Lot "B" will be developed as a neighborhood park and will be maintained by the
Parks and Recreation Department. The maintenance costs for Lot "B" will not be assessed to the
property owners.
As shown in the attached Engineer's Report, the total annual cost of maintenance is estimated to
be $33,092.96, which will be spread across the 107 lots for an annual assessment of $309 per lot.
The attached Resolution of Intention preliminarily approves the Engineer's Report, which
contains the details regarding the particulars of the proposed district. The Resolution also sets a
public meeting date of November 17, 2003 and a public hearing date of December I, 2003.
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. Since the
majority of the properties are currently under one ownership, no majority protests are
anticipated.
FINANCIAL IMPACT:
None. Applicant has paid the $4,000 processing fee and all subsequent work carried out in the
district will be assessed back to property owners.
RECOMMENDATION:
Adopt Resolution.
Location of
Proposed
Assessment District
No. 1031
No Scale
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
PUBLIC WORKS DIVISION
PROPOSED ASSESSMENT DISTRICT NO.
1031 - IRVINGTON AVENUE AND OLIVE
AVENUE AREA LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT
Created by: L Htf#:1J7 Date: Q/t/o3
~ indicates un-incorporated areas
~ within City's Sphere of Influence
, ,
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1031
IRVINGTON AND OLIVE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
Tract No. 15407
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Engineer's Report-AD 1031
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS /ENGINEERING DIVISION
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1031
(Irvington Avenue and Olive Avenue Area Landscape Maintenance Assessment District)
PETITION -- On February 6, 2003, a petition was received from the owner or the developer representing
the owner of property within the proposed assessment district for the establishment of an assessment district for
the maintenance oflandscaping within portions of Lot "An along the southerly side of Brenda Drive within Tract
No. 15407. 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.
15407 by the City to relieve the City from having to maintain the areas of landscaping.
AUTHORIZATION -- On August 4, 2003, 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. 1031 (Irvington Avenue and Olive 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 February 11,2003, 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 within City
owned property and no maintenance will be carried out on private property.
DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained include landscaping and
all appurtenances within portions of Lot "A" of Tract No. 15407.
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.
Engineer's Report -AD 1031
DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the
Assessment Boundary Map of Assessment District No. 1031 and are generally described as follows: The centerline
ofIrvington Avenue on the north; the east line of Tract No. 15407 on the east; the west line of Tract No. 15407
on the west; and the south line of Lot "A" of Tract No. 15407 on the south.
VICINITY MAP -- A vicinity map showing the general location of the proposed Assessment District is
attached as Exhibit" 1".
DISTRICT BOUNDARY MAP -- A proposed District Boundary Map has been prepared and is on file in
the office of the City Clerk. A reduced copy of the District Boundary Map is attached as Exhibit "2".
DISTRICT DIAGRAM -- A proposed Diagram of the Assessment District has been prepared and will be
filed with the City Clerk after preliminary approval of this Report and will be filed with the County Recorder and
recorded in the office of the City Engineer after final approval of this Report, confirmation of the Assessment Roll
and Resolution Ordering Work. A reduced copy of the Assessment District Diagram is attached as Exhibit "3".
NOTICE OF EXEMPTION -- a "Notice of Exemption" declaring a Categorical Exemption was prepared
and will be filed with the Clerk of the Board of Supervisors of San Bernardino County upon formation of the
District. No further environmental proceedings will be necessary. A copy of the Notice of Exemption is attached
as Exhibit "4".
METHOD OF ASSESSMENT AND DETERMINATION OF BENEFIT -- Landscaping and its proper
maintenance enhances the esthetics of any given area and the benefit received by the owners of properties in the
area is determined to be equal to the number of residential units that utilize the landscaped areas either as ingress
and egress or by actual physical use of the land as in the cases oflarge open areas. The boundaries of the proposed
district are drawn with this in mind and the Resolution of Intention delineates the specific areas of maintenance
which will benefit all of the properties within the boundaries. Thus, each residential lot or unit, be it a single family
lot, a condominium or an apartment will be assessed an equal share in the cost of maintenance (1 residential lot or
unit = I Assessment Unit).
The benefit received by the parcels within the boundaries of the district is determined to be of more than
ordinary public benefit, thus each parcel within the district being assessed receives a special benefit from the
improvements. If property not within the boundaries of a district also receives some benefit from the improvements,
consideration must then be given to a general benefit given by the improvements, which may not be assessed to the
parcels within the district. Since the installation and maintenance of the landscaping and establishment of an
assessment district for the maintenance of the landscaping is specific and incidental to this development, it is further
determined that the improvements to be maintained by the assessment district are of special benefit to the district
only and are 100% assessable to the parcels within the boundaries of the assessment district, except as follows:
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 /5% general benefit and the proportional costs thereof
are not assessable to the District.
Engineer's Report - AD 1031
2. Areas of maintenance that front on secondary arterial streets, as determined by the Circulation
Plan of the City's General Plan, are determined to be 10% general benefit and the proportional costs
thereof are not assessable to the District.
3. Areas of maintenance that front on collector streets, as determined by the Circulation Plan of the
City's General Plan, are determined to be 5% general benefit and the proportional costs thereof are
not assessable to the District.
4. Areas that front on local streets are determined to be 100% special benefit and are 100% assessable
to the District.
These percentages are based on the traffic circulation for the various street classifications.
Lot "A" is located along the south side of Brenda Drive, which is classified as a local street, and
represents 100% of the total area to be maintained; thus 100% of the total cost of maintenance will be assessed
to the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive
no benefit with the exception of public right of way, which is not subject to assessments. Lot "A" is a City owned
parcel on which the landscape maintenance is to be performed; Lot "B" is a City owned parcel which is proposed
to be developed as a City park. Since neither of these parcels will be developed as single family lots, no special
benefit is extended to these two parcels and thus are exempt from assessment.
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.
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.
Engineer's Report - AD 1031
ASSESSMENT ROLL -- Presently there are 107 single family parcels within Tract No. 15407, 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 107 parcels within Tract No. 15407 and is shown as Exhibit
"5". (Lots" A" and "B" referenced herein are shown on the assessment roll as nil assessed parcels).
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 1031
TABLE 1
ESTIMATED FIRST YEAR'S COST SUMMARY
Assessment District No. 1031
(Irvington Avenue and Olive Avenue Area Landscape Maintenance Assessment District))
De.H'ripfilJII ofCIl.~I.~
Q uUlltily
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C.,.\'tIUlIif AtJllllu/Co.o
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Maintenance DC Turf Ilrrj a tio n 80,000 S n .Ft. 0.25 $ 20,000,00
Maintenance ofGroundcover IShrubslIrrill'ation 0 S -....F t. 0 $ 0
TOTAL AREA OF MAINTENANCE fA+B) 80,000 Sa .Ft. 0
M aiolenanee of Trees Ilrri~ation I L.S. SO 0 .00 $ 500.00
Water and E nerl"Y C OSt5 80,000 Sn.FI. 0.10 $ 8000,00
W eekh Inspection (labor,overhead) tTotal Annual H rs) 52 H au rs 30.00 $ 1.560.00
AnnualAssmLEn ineerinl! lIabor+overhead} 10 H ou rs 33.00 $ 33 0,00
Contract Adminstration {Iabor+overheatl) 15 Hours 22.00 $ 330.00
Incidentals (m aterials, sUDDlies, other (:osts) I L.S. 100.00 $ 100,00
Outside Department Services f1abor+overhead) 76 L.5. 400.00 $ 400.00
Su btotal fA + B+E + F+G +H + 1+J) $ 3] ,220.00
General Benefit Calculations:
A rea of Maintenance 0 5 n .Ft.
PercentofTotalArea (Q/C)Rounded %
ProDortioned cost of Total Cost (K "R) I
General Benefit Percenta..e %
General Benefit Amount Not Assessable (R"Sl $ $
Sub to Ia I $ 3 I ,220.00
Estimated Interesl for non-orefunded amounts" 6 P ereeD t $ 1,873.20
Sub tota I $ 33,093.20
Adjuslment (Rounding for Assessment Roll) I (0.24)
TOTAL FIRST YEAR'S ESTIMATED COSTS I 33,092.96
A
8
C
D
E
F
G
H
I
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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
$33,092.96+107=$309.28 per Assessment Unit per year
Engineer's Report-AD 1031
ENGINEER'S STATEMENT
This Report, together with the Assessment District Boundary Map, Assessment Diagram and Proposed Assessment
Roll has been prepared and is being filed pursuant to and in compliance with Chapter 12.90 of the San Bernardino
Municipal Code and also in compliance with the requirements set forth in Article XIIID of the California
Constitution for the establishment of Assessment District No. 1031 (Irvin2ton Avenue and Olive Avenuet Area
Landscaoe Maintenance Assessment District))
9-10 -03
~e-9~
Michael W. Grubbs
Registered Professional Engineer
Date
Engineer's Report-AD 1031
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 2004/2005)...... Exhibit "5"
5th SI.
Mill SI.
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
PUBLIC WORKS DIVISION
~ indicates un-incorporated areas
~ within City's Sphere of Influence
Location of
Proposed
Assessment District
No. 1031
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VICINITY MAP
EXHIBIT "1"
PROPOSED ASSESSMENT DISTRICT NO.
1031 -IRVINGTON AVENUE AND OLIVE
AVENUE AREA LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT
Created by: lftJ61'l-~J, Date: 1/J/t!3
.
ASSESSMENT BOUNDARY
ASSESSMENT DISTRICT NO. 1031
IRVINGTON AND OLIVE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
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LOCATION OF
ASSESSMENT D1STRICf
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bounda".,ofA"u"""",DiIIriclNo..lI!:iI.l.ofltleCilyofs..
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. VICINITY M~P
San Bemaroino County Recorde(s Certificale
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
DRAWING
NC.
10811
EXHIBIT "2"
nu map hlIs be-en filed under Documerll
Number lhi~
dayot 20-,al .m'n
Book of
alpage altherequaslof
APPROVED
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ACTINi Cln OGIMED
in theamoonlotS
IRVINGTON AND OLIVE AREA
LANDSCAPING MAINTENANCE
ASSESSMENT DlSTRICf
.........L..
-LSHEETS
LEGEND
ASSESSUENTDlS1RICT8OlJtClARY..
LenyWalker
Auditor-ControllerlRecoo:ler
CountyolSanBllmardino
By
QepulyRlICClI'der
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1031
IRVINGTON AND OLIVE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
J ~.__._._IRVINGTON_"\iENUE ~._.--'--.~~
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~~ ////
Filed In lh.e Office of the City Cln in the City of San Bernardino
lhis~dllyof ,20_"
RACHEL CLARK,
Cily Clerll,Cily DI San Bemardino
I herebycerllfy Ihellhe I1\ajl showing Ihe proposed bolrdanes lor
AS$essmenl District No. 1Qllin the City of San Bemardino,
County of San Bemardlno, Slale of Califania,was approved by
!I'M! Mayor and Common Coundl of the CiIy of San Bernardino at a
regular meeling Ihereof. held onlhe_dayof
.20----, by Resolution No.
. and has been filed in Iheollice oflhe
County Reoorder of San Bemardino Countyonlhe_day
01 ,20 inBooIl
pagels) 01 Maps of A;;UmenI and CommunOly
Faeili~es Districts
RACHEL CLARK
Cily Clerk,Cily of San Bemardino
Proposed DistriclBoundAry
~
Recorded in llleoffice ofll\e Cily Eng;neerll\i$_dayof
'"
See Sheet 2
for details
~
ACTING CITY ENGINEER
CityolsanBemardlno
~lJ..
LOCATION Of
ASSESSMENT DISTRICT ~
IIII~
~
.
An assenment was levied by the Mayor and Convnon Council of
11Nl Cily of San Bemardino on the 10b,pieces, and parcels oflhe
landshownonthisal_smentdiagram.sllldassessmenl:was
levied On thll_dayof ,20~
lhe assessmenl diagram and the assessment rolI_re recorded in
the office of the Cily E"9ineer of said Cily on Ihe_day
of 20 Rmre~~~mlhe
assellmentrollrK<ll'lledinth8'iiiii'CeoftheCilyEngineerforlhe
IIxBCtamounlofllachusess....ntlellledagainslllllCtl!lllrcelof
land sho"," on thi. BSs"'"smentdiagnom.
RACHEL CLARK.
CilyClerk, City 01 Saro Bamardino
::r::W
I r:r
L-
VICINITY MAP
San Bllmardioo Counly Record.....sCIlr1iflCale
'''''R'''':O
20_
EXHIBIT "3"
Th,.map Ila. been flied under Documenl
Number till!
day of 20 ,It m. In
Book of
at page allherequeslol
oliCTlflliCIT'fOGIICD
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
DRAWING
ND.
l081lA
in the amounlofS
IRVINGTON AND OLIVE AREA
LANDSCAPING MAINTENANCE
ASSESSMENT D1STRICf
"""J....
~""'"
LEGEND
ASSES9lEHTOSIRICTflllJJ()NtY..
NV.lFMAIN'DAI<<I..
Larry Walker
Auditor-CoolrolleflRecordll(
Counly of San Bemanbno
f'l"//&~
By
DepulyRecordel"
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1031
1RVINGTON AND OLIVE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
Tract No. 15407
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ASSESSMENT DISTRICT BOUNDARY= .................
AREA OF UAlNTENANCE = V~
ASSESSUENT NUUBERS = @)
SHEET ~ OF
~SHEETS
CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT
NOTICE OF EXEMPTION
FROM: CITY OF SAN BERNARDINO, PLANNING
AND BUILDING SERVICES DEPARTMENT
300 N. "0" STREET
SAN BERNARDINO, CA 92418
TO:
OFFICE OF PLANNING AND RESEARCH
1400 TENTH STREET, ROOM 121
SACRAMENTO, CA 95814
X COUNTY CLERK
COUNTY OF SAN BERNARDINO
385 NORTH ARROWHEAD AVENUE
SAN BERNARDINO, CA 92415
Project Title: ASSESSMENT DISTRICT NO. 1031
Project Location-Specific: TRACT NO. 15407 -IRVINGTON AVENUE AND OLIVE AVENUE AREA..
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:
ExemJ:1t Status: (check one)
D Ministerial (Sec. 21080(b)(1); 15268);
D Declared Emergency (Sec. 21080(b)(3); 15269(a));
D Emergency Project (Sec.21 080(b)(4); 15269(b)(c));
l3: Categorical Exemption. State type and section number: Class 1 15301(c) Res.90-217,Sec. B2c
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 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? DYes D No
Signature:
Date:
Title: Real Property Supervisor
Q 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
2004 I 2005 ASSESSMENT ROLL - AD 1031
IRVINGTON AVENUE AND OLIVE A VENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
Assessment No. Parcel No. or Lot No. Assessment Amt.
~_.__._~.._.__._--_._-----
1 0261-591-01 $309.28
2 0261-591-02 $309.28
3 0261-591-03 $309.28
4 0261-591-04 $309.28
5 0261-591-05 $309.28
6 0261-591-06 $309.28
7 0261-591-07 $309.28
8 0261-591-08 $309.28
9 0261-591-09 $309.28
10 0261-591-10 $309.28
11 0261-591-11 $309.28
12 0261-591-12 $309.28
13 0261-591-13 $309.28
14 0261-591-14 $309.28
15 0261-591-15 $309.28
16 0261-591-16 $309.28
17 0261-591-17 $309.28
18 0261-591-18 $309.28
19 0261-591-19 $309.28
20 0261-591-20 $309.28
21 0261-591-21 $309.28
22 0261-591-22 $309.28
23 0261-591-23 $309.28
24 0261-591-24 $309.28
25 0261-591-25 $309.28
26 0261-591-26 $309.28
27 0261-591-27 $309.28
28 0261-591-28 $309.28
29 0261-591-29 $309.28
30 0261-591-30 $309.28
31 0261-591-31 $309.28
32 0261-591-32 $309.28
33 0261-591-33 $309.28
34 0261-591-34 $309.28
35 0261-591-35 $309.28
1031 / 2004 EXHIBIT "5" Page I of3
Assessment No. Parcel No. or Lot No. Assessment Amt.
------~
36 0261-591-36 $309.28
37 0261-591-37 $309.28
38 0261-591-38 $309.28
39 0261-591-39 $309.28
45 0261-591-40 $309.28
46 0261-591-41 $309.28
47 0261-591-42 $309.28
48 0261-591-43 $309.28
49 0261-591-44 $309.28
50 0261-591-45 $309.28
51 0261-591-46 $309.28
62 0261-591-47 $309.28
63 0261-591-48 $309.28
64 0261-591-49 $309.28
65 0261-591-50 $309.28
66 0261-591-51 $309.28
67 0261-591-52 $309.28
68 0261-591-53 $309.28
69 0261-591-54 $309.28
70 0261-591-55 $309.28
71 0261-591-56 $309.28
72 0261-591-57 $309.28
73 0261-591-58 $309.28
86 0261-591-59 $309.28
87 0261-591-60 $309.28
88 0261-591-61 $309.28
89 0261-591-62 $309.28
90 0261-591-63 $309.28
100 0261-591-64 $309.28
101 0261-591-65 $309.28
102 0261-591-66 $309.28
103 0261-591-67 $309.28
104 0261-591-68 $309.28
105 0261-591-69 $309.28
105 0261-591-70 $309.28
107 0261-591-71 $309.28
40 0261-601-01 $309.28
41 0261-601-02 $309.28
42 0261-601-03 $309.28
1031 /2004 EXHIBIT "5" Page 2 of3
1031 / 2004
EXHIBIT "5"
Page 3 of3
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RESOLUTIO~~ trY
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 IRVINGTON A VENUE AND OLIVE AVENUE AREA WITHOUT
COMPLIANCE WITH THE 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.
1031; 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. 1031,
Irvington Avenue and Olive 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. 1031, the boundaries of which are generally as follows:
The centerline ofIrvington Avenue on the north; the east line of Tract No. 15407
on the east; the west line of Tract No. 15407 on the west; and the south line of Lot
"A" of Tract No. 15407 on the south.
Reference is hereby made to the Engineer's Report on file in the office of the City Clerk of said
City for a map ofthe 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 MAINTENANCE
ASSESSMENT DISTRICT IN THE IRVINGTON A VENUE AND OLIVE AVENUE AREA (AD 1031)
hereby preliminarily approved.
SECTION 2. It is the intention of said Mayor and Common Council to order
improvements within the district which improvements consist of, but are not limited to, the
mainlenance oflandscaping and appurtenant facilities within Lot "A" of said Tract No. 15407. The
estimated cost of said maintenance for the first year, including incidental costs is $33,092.96.
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. All public streets or alleys, or portions thereof, and Lot "A" and Lot "B" of said
Tract No. 15407, 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
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
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE IRVINGTON A VENUE AND OLIVE A VENUE AREA (AD 1031)
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
Mayor and Common Council of the City of San Bernardino on November 17,2003, at the hour
of 4:00 p.m., and that a public hearing will be held on December 1,2003, at the hour of 4:00 p.m.,
both in the Council Chambers of City Hall, 300 N. "D" Street, San Bernardino, California for the
purpose of determining whether the public convenience and necessity require the formation of the
proposed maintenance district without compliance with the Special Assessment Investigation,
Limitation and Majority Protest Act of I 931 and whether the Mayor and Common Council should
proceed with ordering the above described improvements. At said public meeting and public
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE IRVINGTON A VENUE AND OLIVE A VENUE AREA (AD 1031)
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., December 1, 2003. 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 December I, 2003. 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,TI on the ballots returned in opposition to the assessment is greater
than the total assessment amount of ballots returned in support of the assessment. All ballots must
be received in the Office of the City Clerk by no later than the time and date of the public hearing
as stated herein.
If by the conclusion of said public hearing on December I, 2003, 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
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE IRVING TON A VENUE AND OLIVE A VENUE AREA (AD 1031)
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 12.90.040C of the San Bernardino
Municipal Code.
III
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09109/03
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 10 - ~- 03 Item #
Vote: Ayes }- ') Nays .er
Change to motion to amend original docnments: -
I'")
Resolution #
Abstain e-
2m3- 2.l",'")
Absent G
Reso. # On Attachments:
Contract term: -
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: I 0 ~ ').-03
Date of Mayor's Signatore: 1t>,,,&,o3
Date ofClerk/CDC Signature: lo"~'D3
Da mo/Letter Sent for Signatore:
60 Day Reminder Letter Sent on 30th ay:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
Request for Council Action & StafTReport 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):
Copies Distribute7:
City Attorney
Parks & Rec.
Code Compliance
Dev. Services
./
Police
Public Services
Water
Notes:
Null/Void After: -
By: 1\'\1
Reso. Log Updated: .-/"
Seal Impressed: ~
Date Returned:-
YesL No By
Yes No/ By
Yes No~ By
Yes No .L-. By
Yes No / B
EDA
Finance MIS
Les f?oG 1>6&1
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: ~
Date:
Revised 01/12/01