HomeMy WebLinkAbout09-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Development Services
Subject: Authorization to proceed and
Resolution of IntentlOn--- formatIOn of a
Landscape Maintenance Assessment District III
the Ohio A venue and Chestnut Avenue Area
(Tract No. 14881).
From: Valerie C. Ross, Director
Date: September 20, 2006
File No. 14.40-141
Synopsis of Previous Council Action:
MCC Date: 10/16/06
5/16/06- Tentative Tract Map No. 14881 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 ofa Landscape Maintenance Assessment
District in the Ohio Avenue and Chestnut Avenue Area (Tract No. 14881), to be known as
Assessment District No. 1049; AND
2. Adopt Resolution.
y~ (/.R~
Valerie C. Ross
Contact person: Ryan Sandoval Phone:
Staff Report, Maps, Engineer's
Supporting data attached: Report Resol"tion Ward:
5226
5
FUNDING REQUIREMENTS: Amount:
$4,000 (Processing fees to be paid by applicant)
Source: (AccL No.) 254-000-2301-6040
(AccL Description) Assessment District Deposits
Finance:
Council Notes:
Agenda Item No.
JD4~1I/[)('
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to proceed and Resolution of Intention--- formation of a Landscape Maintenance
Assessment District in the Ohio Avenue and Chestnut Avenue Area (Tract No. 14881).
BACKGROUND:
On May 16,2006, the Planning Commission approved Tentative Tract Map No. 14881, located
. to the north of Ohio Avenue and west of Chestnut Avenue. On July 31, 2006, Sant
Development, the developer of this property, submitted a petition for the formation of a
landscape maintenance assessment district, as required by the conditions of approval for the
development of this site. 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 within
slopes along portions of the northerly side of Ohio Avenue and within slopes along portions of
the westerly side of Chestnut Avenue, and also including a drainage channel north of Tentative
Tract 14881. The developer has paid the required $4,000 formation fee.
Tract No. 14881 consists of 15 single-family lots. The annual cost of maintenance and
incidentals will be spread across these 15 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 drainage channel, and is attached for your review. The drainage
channel will be removed when the property to the north of the channel is developed. 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, portions of the landscaping along Ohio Avenue has been deemed to be of a
general benefit. The general benefit portion of the annual cost of maintenance is estimated to be
5232.84, and cannot be assessed to the District. This amount will need to be paid from the
general fund or other non-district fund source. The special benefit portion of the annual cost of
maintenance, including all incidental expenses, is estimated to be $7,185,15. This amount will
be spread across the 15 units within the District and the annual maintenance cost per unit will be
$479.01. 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 November 20, 2006, and a public
hearing for December 4, 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 owners ofrecord
Staff Report - Continued
will be given mailed notice of the public meeting and hearing, along with an Assessment Ballot
form. Since all of the properties within the District are currently under one ownership, no
protests are anticipated. Future property owners will purchase the units 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 IMPACT:
Applicant has paid the $4,000 processing fee. Estimated costs of annual maintenance in the
amount of $7,185.15, deemed to be a special benefit, will be assessed back to property owners
within the Assessment District. The estimated annual cost of maintenance in the amount of
$232.84, deemed to be a general benefit, will need to be paid from the general fund.
RECOMMENDATION:
Staffrecommends that authorization be given to proceed with the formation ofa Landscape
Maintenance Assessment District in the Ohio Avenue and Chestnut Avenue Area to be known as
Assessment District No.1 049 (Tract No. 14881), and that the attached Resolution ofIntention be
adopted.
LOCATION OF
PROPOSED ASSESSMENT
DISTRICT NO. 1049
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VICINITY MAP
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EXHIBIT "1"
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1049 -
Ohio Avenue and Chestnut Avenue Area
(Tract No. 14881)
indicates un-incorporated
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Influence
Created by: Ryan Sandoval
Date: 8/31/06
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ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1049
(Ohio Avenue and Chestnut Avenue Area Landscape Maintenance Assessment District)
In the
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
ST A TE OF CALIFORNIA
File No. 14.40-141
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
Prepared 09/12/2006
I';ngineers Report - AD 1049
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1049
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. 1049,
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
2
Engineers Report - AD 1049
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1049
(Ohio Avenue and Chestnut Avenue Area Landscape Maintenance Assessment District)
PETITION -- On July 31,2006, 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 and hardscaped areas. These improvements are relative to the proposed
development within Tentative Tract No. 14881. 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 Tentative Tract No. 14881 by the City to relieve the City from having
to maintain the areas of landscaping.
AUTHORIZATION -- On ,2006, by action of the Mayor and Common Council
ofthe City of San Bernardino of San Bernardino, the Director of Development Services and City Clerk were
authorized to initiate proceedings for the formation of Assessment District No. 1049 (Ohio Avenue and Chestnut
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 July 31,2006, 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 areas to be maintained will be within City owned property, dedicated right of way, or
within easements granted to the City for maintenance purposes and no maintenance will be carried out on private
property.
DESCRIPTION OF IMPROVEMENTS -- The areas to be maintained by the District will be landscaping
within slopes along portions of the northerly side of Ohio Avenue and within slopes along portions of the westerly
side of Chestnut Avenue, and also including a drainage channel north of Tentative Tract 14881.
PLANS AND SPECIFICATIONS --Plans and Specifications for the landscaping have been prepared by
3
Engineers Report -- AD 1049
the developer according to the standards of the City and is subject to final approval by the City prior to the
installation of any landscaping.
DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the
Assessment Boundary Map of Assessment District No. 1049 and are generally described as follows:
The centerline of Ohio Avenue on the south; the westerly boundary of Tentative Tract No. 14881 on the
west; the northerly line of the drainage channel north of Tentative Tract No. 14881 on the north, and the
centerline of Chestnut A venue on the east.
VICINITY MAP -- A vicinity map showing the general location of the proposed Assessment District is
attached as Exhibit "I".
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 n 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 DETERMINA TION 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 dctermined to be equal to the number of residential units that utilize the landscaped areas either as ingress arid
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 (I residential lot or
unit = I Assessment Unit).
Based upon the single- family parcels proposed to be developed, the total assessment units for the district
will be 15.
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
,Jarcels within the district. Since the installation and maintenance of the landscaping and establishment of an
4
r.:ngineers Report - AD 1049
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:
I. Areas of maintenance that front on maior arterial streets, as determined by the Circulation Plan of
the City's General Plan, are determined to be 15% general benefit and the proportional costs thereof
are not assessable to the District.
2. Areas of maintenance that front on secondary arterial streets, as determined by the Circulation Plan
of the City's General Plan, are determined to be 10% general benefit and the proportional costs
thereof are not assessable to the District.
3. Areas of maintenance that front on collector streets, as determined by the Circulation Plan of the
City's General Plan, are determined to be 5% general benefit and the proportional costs thereof are
not assessable to the District.
4. Areas that front on local streets are determined to be 100% special benefit and are 100% assessable
to the District.
These percentages are based on the traffic circulation for the various street classifications.
Based on the City of San Bernardino's current circulation element of its General Plan, this portion of Ohio
A venue is designated as a collector street and this portion of Chestnut Avenue is designated as a local street. All
other landscaping is within easements, thus 5% of the cost of landscaping maintenance and appurtenances along
Ohio A venue, is deemed to be of general benefit and not 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.
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,
'md 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.
5
:ngineers Report - AD 1049
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 -- There will be 15 single family parcels within Tract No. 14881, once the final map
is recorded, with each parcel representing 1 assessment unit as described under Method of Assessment, and
assessments are spread accordingly. No further subdivision of the parcels is anticipated. An Assessment Roll
representing the estimated first year's maintenance costs has been prepared for the 15 parcels within Tract No.
14881 and is shown as Exhibit "5". Any parcels remaining vacant, or not being subdivided, will be assessed based
on the number of single family lots that could be built pursuant to the City's existing General Plan.
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 reapportionment's do not require the recording of an amended Diagram Map.
FUTURE INCREASES n 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.
6
r;;ngineers Report - AD 1049
TABLE I
ESTIMATED FIRST YEAR'S COST SUMMARY
Assessment District No. 1049
(Ohio Avenue and Chestnut Avenue Area Landscape Maintenance Assessment District)
Description of Costs
Qual/titl'
Unit
Cost/Unit Annual Cost
A
B
C
D
E
~
Maintenance of Turf / Irripation - So.Ft. 0.20 $ -
Maintenance of Groundco\ler IShrubs/lrrigation 7,788 So.Ft. 0.20 S 1,557.56
Maintenance of Trees / I rril!ation I L.S. 1,000.00 S 1,00000
Landscape Area Subtotal 7,788 So. Ft.
Maintenance of Drainage Easement 1 L.S. 1,900.00 $ 1,900.00
l\1aintenance of hardscape areas, monument signs
and appurtenant lighting - Sq.Ft. 0.10 $ -
Irripation Costs (water and enerpv) 7,788 So.Ft. 0.10 $ 778.78
Total maintenance area 7,788
Weeklv Inspection (labor,overhead) (Total Annual Hrs) 26 Hours 30.00 S 780.00
Annual Assmt. Ene:ineerine (Iabor+overhead) 5 Hours 33.00 S 165.00
Contract Adminstration (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) I L.S. 400.00 S 400.00
Subtotal (A thru N) S 7,011.33
General Benefit Calculations:
Area of General Benefit 5.172 So.Ft.
Percent of Total Area (P I H) 66.42%
Subtotal (N*Q) $ 4,657
General Benefit Percentaee 5%
General Benefit Amount Not Assessable (R * S) S 232.84 $ (232.84)
Subtotal (N+T) S 6,778.50
Estimated Interest for non-orefunded amounts* 6% S 406.71
Subtotal (U+V) $ 7,185.20
Adjustment (Rounding for Assessment Roll) S (0.05)
TOTAL FIRST YEAR'S ESTIMATED COSTS (W + X) $ 7.185.15
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ASSESSMENT CALCULA TlON -- 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
$7,185.15 + 15 = $479.01 per Assessmellt Ullit per year.
7
'ngineers Report - AD 1049
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 XI!ID of the
California Constitution for the establishment of Assessment District No. 1049. (Ohio Avenue and Chestnut
Avenue Area LandscafJe Maintenance Assessment District)
Date
: flatu ~zNt1(K
Mark Lancaster, Deputy Director/City Engineer
8
'Ongineers Report - AD 1049
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 2007/2008)...... Exhibit "5"
9
LOCATION OF
PROPOSED ASSESSMENT
DISTRICT NO. 1049
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EXHIBIT "1"
No Scole
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1049 -
Ohio Avenue and Chestnut Avenue Area
(Tract No. 14881)
indica. tes un-incorporo. -tea
~ a.reus within City's Sphere of
Influence
Created by: Ryan Sandoval
Date: 8/31/06
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EXHIBIT "3"
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. 1049
Project Location-Specific: TRACT No. 14881 - - OHIO AVENUE & CHESTNUT AVENUE 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
ExemJ1t Status: (check one)
o Ministerial (Sec. 21080(b)(1); 15268);
D Declared Emergency (Sec. 21080(b)(3); 15269(a));
D Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
GI; Categorical Exemption. State type and section number: Class 1 15301 Ie) 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,
RYAN SANDOVAL
Area CodelTelephone/Extension: (909) 384-5226
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 Specialist
[jj 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
2007 / 2008 ASSESSMENT ROLL - AD 1049
OHIO A VENUE & CHESTNUT A VENUE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
Assessment No. Parcel No. or Lot No. Assessment Amt.
I TR 14881 Lot-l $479.01
2 TR 14881 Lot-2 $479.01
3 TR 14881 Lot-3 $479.01
4 TR 14881 Lot-4 $479.01
5 TR 14881 Lot-5 $47901
6 TR. 14881 Lot-6 $479.01
7 TR. 14881 Lot-7 $479.01
8 TR. 14881 Lot-8 $479.01
9 TR. 14881 Lot-9 $479.01
10 TR. 14881 Lot-10 $479.01
II TR 14881 Lot-II $479.01
12 TR. 14881 Lot-12 $479.01
13 TR. 14881 Lot-13 $479.01
14 TR. 14881 Lot-14 $479.01
15 TR. 14881 Lot-15 $479.01
TOT ALS: 15 Parcels $7.185.15
1049 / 2007
EXHIBIT "5"
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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
LOCATED IN THE OHIO AVENUE AND CHESTNUT AVENUE AREA WITHOUT
COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMIT A TION
AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS INTENTION TO
PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS
ASSESSMENT DISTRICT NO. 1049; 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 ex~rcise 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. 1049.
Ohio Avenue and Chestnut 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. 1049, the boundaries of which are generally as follows:
The centerline of Ohio Avenue on the south; the westerly boundary of Tentative
Tract No. 14881 on the west; the northerly line of the drainage channel north of
Tentative Tract No. 14881 on the north, and the centerline of Chestnut Avenue on
the east.
Reference is hereby made to the Engineer's Report on file in the office of the City Clerk of said
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RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVEi'OIENCE AI\D
NECESSITY REQUIRE THE FORMATION OF A LAI\DSCAPE MAINTENANCE ASSESSMENT
DISTRICT LOCATED IN THE OHIO A\T'iU: A:'il> CHEST:'ilT AVE"il'E AREA... ASSESSMENT
DISTRICT NO. 11I~q; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING
NOTICE OF A PUBLIC MEETING Al\D A PUBLIC HEARING.
City for a map of the boundaries of said district, a description of the maintenance, an estimated cost
of the maintenance, and a proposed assessment roll which Report and Assessment District Map are
hereby preliminarily approved.
SECTION 2. It is the intention of said Mayor and Common Council to order
improvements within the district, which improvement shall consist of, but are not limited to. the
maintenance oflandscaping and all appurtenances within slopes along portions of the northerly side
of Ohio Avenue and within slopes along portions of the westerly side of Chestnut Avenue, and also
including a drainage channel north of Tentative Tract 14881. The estimated cost of said
maintenance for the first year, including incidental costs, less general benefit amounts, is
$7,185.15.
SECTION 3. Said contemplated work and improvements is of more than local or ordinary
public benefit. and that said Mayor and Common Council do hereby make the expense of such
work and improvement chargeable upon the district, which district is hereby declared to be the
district benefited by said proposed work and improvement, and to be assessed to pay the cost and
expense thereof, except as otherwise may be set forth in said Engineer's Report. All public streets
or alleys, or portions thereof, within said Tract No. 14881, 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
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1 RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE A.l\"D
NECESSITY REQUIRE THE FORMATION OF A LA.NDSCAPE MAlNTENA.NCE ASSESSMENT
2 DISTRICT LOCATED IN THE OHIO AYE:\U: A:\D CHEST\IT An::\n: AREA ... ASSESSMENT
DISTRICT NO. I04Q; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND Gln'OG
3 NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING.
4
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 S. 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 ofpre: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 that 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.
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RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT LOCATED IN THE OHIO AVENI"E AND CHEST:\IT AVENI'E AREA... ASSESSMENT
DISTRICT !'i0. IO~9; PRELIMI!'iARILY APPROVING THE ENGINEER'S REPORT ~"'D GI\T'iG
NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING.
SECTION 6. NOTICE IS HEREBY GIVEN that a public meeting will be held before the
Mayor and Common Council of the City of San Bernardino on Monday, November 20, 2006, at
the hour of 4:00 p.m., and that a public hearing will be held on Monday, December 4, 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., December 4, 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 December 4, 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 shown on the ballots returned in opposition to the assessment is greater
than the total assessment amount of ballots returned in support of the assessment. All ballots must
be received in the Office of the City Clerk by no later than the time and date of the public hearing
as stated herein.
09/26/06
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1 RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAlNTENA."ICE ASSESSMENT
2 DISTRICT LOCATED IN THE OHIO An::\U: A:\D CHEST:\IT AVE:\U: AREA ... ASSESSMENT
DISTRICT NO. IO~~; PRELIMINARILY APPROVING THE ENGINEER'S REPORT A."ID GIVING
3 NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING.
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Ifby Ihe conclusion of said public hearing on December 4,2006, proIesIs have been filed
and nol 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) 384-5226 or by writing to same at 300 N. "0" Street, San
Bernardino, California, 92418.
SECTION 7. A copy of this resolution and a map showing the exterior boundaries oflhe
proposed improvement district with relation to the territory immediately contiguous thereto and to
the proposed improvement will be on file with the City Clerk and will be available for inspection
by any person or persons interested. This map shall govern for all details as to the extent of the
proposed improvement district.
SECTION 8. The City Clerk is hereby authorized and directed to publish a copy of this
Resolution in the San Bernardino County Sun, a newspaper of general circulation published in the
City, and shall cause Notice to be mailed as required by Section 12.90.040(C) of the San
Bernardino Municipal Code.
1//
/1/
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RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT LOCATED IN THE OHIO ..1.n::\n: ..1..:\1) CHEST:\IT ..1.VE:\{'E ..1.1~LI.... ASSESSMENT
DISTRICT NO. IO~q; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVI:"IG
NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof held on
, 20_, by the following vote, to-wit:
day of
the
ABSENT
ABSTAIN
NAYS
Council Members: AYES
ESTRADA
BAXTER
VACANT
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
,20_
The foregoing resolution is hereby approved this _ day of
PATRICK J. MORRIS, Mayor
City of San Bernardino
Approved as to form:
t:-
., t/l.
ES F. PENMAN, City Attorney
09/26/06
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