HomeMy WebLinkAbout10-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: September 19,2006
Subject: Authorization to proceed and
Resolution of Intentionm formation of a
Landscape Maintenance Assessment District
in the 6th Street and Sterling A venue Area
(Tract No. 17372).
From: Valerie C. Ross, Director
Dept: Development Services
File No. 14.40-144
Synopsis of Previous Council Action:
MCC Date: 10/16106
11/18/05 - Tentative Tract Map No. 17372 was approved, with conditions.
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 6th Street and Sterling Avenue Area (Tract No. 17372), to be known as
Assessment District No. 1053; AND
2. Adopt Resolution.
VdJtW (). ~~
Valerie C. Ross
Contact person: Ryan Sandoval Phone: 5226
Staff Report, Maps, Engineer's
Supporting data attached: Report Resollltion Ward:
FUNDING REQUIREMENTS: Amount:
$4,000 (Processing fees to be paid by applicant)
Source: (Acct. No.) 254-000-2301-6046
(Accl. Description) Assessment District Deposits
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to proceed and Resolution of Intentionm formation of a Landscape Maintenance
Assessment District in the 6lh Street and Sterling Avenue Area (Tract No. 17372).
BACKGROUND:
On October 18, 2005, the Planning Commission approved Tentative Tract Map No. 17372,
generally located north of 6lh Street and east of Sterling Avenue. On April 17, 2006, Fidelity
Homes, Inc., the developer/owner 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 along
portions of the northerly side of6lh Street and the southerly side Cypress Avenue. The developer
has paid the required $4,000 formation fee.
Tract No. 17372 consists of 162 condominium units. The annual cost of maintenance and
incidentals will be spread across these 162 units. 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, a
portion of the landscaping along 6lh Street has been deemed to be of a general benefit, and the
portion of the landscaping along Cypress A venue is all special benefit. The general benefit
portion of the annual cost of maintenance is estimated to be $307.14 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 56,687.36. This amount will be spread across the 162 units within
the District and the annual maintenance cost per unit will be $41.28. 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 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 IMPACT:
Applicant has paid the $4,000 processing fee. Estimated costs of annual maintenance in the
amount of$6,687.36, 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
$307.14, deemed to be a general benefit, will need to be paid from the general fund.
RECOMMENDA nON:
Staff recommends that authorization be given to proceed with the fOffilation of a Landscape
Maintenance Assessment District in the 6th Street and Sterling Avenue Area to be known as
Assessment District No. 1053 (Tract No. 17372), and that the attached Resolution ofIntention be
adopted.
LOCATION OF
PROPOSED ASSESSMENT
DISTRICT NO. 1053
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EXHIBIT "1"
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
San Bl'rllilr inn
inaicQ tes un-incorporQ tea
~ Qreus within City's Sphere of
Influence
Proposed Landscape Maintenance
Assessment District No. 1053 -
6th Street and Sterling Avenue Area
(Tract No. 17372)
Created by: Ryan Sandoval
Date: 8/17/06
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1053
6TH STREET AND STERLING A VENUE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO
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ASSESSMl:Sl' DISTRICT
CITY OF SAN BERNARDINO
DEPAflTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
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DeP'Jr,Reco<do8r
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1053
(61h Street and Sterling Avenue Area Landscape Maintenance Assessment District)
In the
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
ST A TE OF CALIFORNIA
File No. 14.40-144
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
Prepared 09/12/06
r:/Igineers Report - AD 1053
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1053
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
FIN AL 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. 1053,
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
€ngineers Reporl- AD 1053
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1053
(6'h Street and Sterling Avenue Area Landscape Maintenance Assessment District)
PETITION -- On April 19,2006, 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. 17372. 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. 17372 by the City to relieve the City from having
to maintain the areas oflandscaping.
AUTHORIZATION -- On ,2006, by action of the Mayor and Common
:ouncil 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. 1053 (6th Street and Sterling Avenue Area
Landscape Mailltenance 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 ,2006.
ADVANCE OF ESTIMATED COSTS OF PROCEEDINGS -- On April 19, 2006, pursuant to Sectiol'
12.94.030 of the Municipal Code, the developer deposited $4,000 with the City to cover the estimated cosPo]
proceedings. At the conclusion of the proceedings and after confirmation of all costs, any amounts remaining willi
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 improvements to be maintained include landscaping along
the northerly side of 6th Street, and the southerly side of Cypress Avenue all within Tract 17372.
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.
3
Sngineers Report - AD 1053
DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shawn an the
Assessment Baundary Map of Assessment District NO'. 1053 and are generally described as fallows: The
centerline of6lh Street an the sauth, and the westerly, nartherly, and easterly line afTentative Tract 17372
to' the west, narth, and east respectively.
VICINITY MAP -- A vicinity map shawing the generallacation af the propased Assessment District is
attached as Exhibit "1".
DISTRICT BOUNDARY MAP -- A propased District Baundary Map has been prepared and is an file in
the affice afthe City Clerk. A reduced capy afthe District Baundary Map is attached as Exhibit "2".
DISTRICT DIAGRAM -- A propased Diagram afthe Assessment District has been prepared and will be
filed with the City Clerk after preliminary approval afthis Repart and will be filed with the Caunty Recorder and
recarded in the affice afthe City Engineer after final approval afthis Repart, canfirmatian afthe Assessment Rail
and Resalutian Ordering Wark. A reduced capy of the Assessment District Diagram is attached as Exhibit "3".
NOTICE OF EXEMPTION -- a "Natice afExemptian" declaring a Categarical Exemptian was prepared
and will be filed with the Clerk af the Baard af Supervisars af San BernardinO' Caunty upan formation af the
listrict. NO' further environmental proceedings will be necessary. A capy of the NO'tice afExemptian is attached
as Exhibit "4".
METHOD OF ASSESSMENT AND DETERMINATION OF BENEFIT -- Landscaping and its proper
maintenance enhances the esthetics af any given area and the benefit received by the awners af properties in the area
is determined to' be equal to' the number afresidential units that utilize the landscaped areas either as ingress and
egress or by actual physical use af the land as in the cases af large apen areas. The bO'undaries af the propased
district are drawn with this in mind and the Resalutian of Intentian delineates the specific areas af maintenance,
which will benefit all afthe properties within the baundaries. Thus, each residentiallat ar unit, be it a single-family
lat, a candaminium ar an apartment will be assessed an equal share in the cast af maintenance (1 residentiallat ar
unit = I Assessment Unit).
Based upan the propased single family lats propased to' be develaped, the tatal assessment units far the
district will be 162.
The benefit received by the parcels within the boundaries af the district is determined to' be af mare than
ardinary public benefit, thus each parcel within the district being assessed receives a special benefit from the
improvements. If property nat within the baundaries af a district alsO' receives same benefit fram the improvements,
cansideratiO'n must then be given to' a general benefit given by the improvements, which may nat be assessed to' the
parcels within the district. Since the installatian and maintenance af the landscaping and establishment af an
assessment district far the maintenance afthe landscaping is specific and incidental to' this develapment, it is further
'ietermined that the improvements to' be maintained by the assessment district are af special benefit to' the district
Jnly and are 100% assessable to' the parcels within the baundaries afthe assessment district, except as fallaws:
4
engineers Report - AD 1053
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 6th
;treet is designated as a collector street and this portion of Cypress Avenue is designated as a local street. All other
landscaping is within easements, thus 5% of the cost oflandscaping maintenance and appurtenances along 6th Street,
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
thc 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 amoun!s 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 maJU1er, at the same time,
and with the same penalties and interest as in the case of taxes levied for property taxes. Table I sets forth the
estimated costs of the first year's maintenance. No Bonds will be sold relative to this Assessment District.
5
:ngineers Report - AD 1053
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 Assessmellt. 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 162 condominium units within Tract No. 17372, once the final map
IS recorded, with each unit representing I assessment unit as described under Method of Assessmellt, 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 162 units within Tract No. 17372
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
detennining 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 -- Due to the nature oflandscape maintenance; it is anticipated that there will be
l!lure 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 cpr 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
':ngineers Report ~ AD 1053
TABLE 1
ESTIMATED FIRST YEAR'S COST SUMMARY
Assessment District No.1 053
(6th Slreel and Slerling Avenue Area Mainlenance Assessment District)
Description of em'ts
Quantity
Ulli!
Cost/Unit Annual Cost
A
B
C
D
Maintenance of Turf IIrri2ation 5,944 Sa.Ft. 0.20 $ 1,188.77
Maintenance of Groundcover ISh rubs/Irrigation 6,859 Sq.Ft. 0.20 S 1,371.89
Maintenance of Trees II rrigation 1 LS. J, 000 00 S 1,000.00
Landscape A.-ea Subtotal 12,803 Sa. Ft.
Maintenance of hardscape areas, monument si2ns
and appurtenant lighting - Sa.Ft. 0.10 $ -
Irrigation Costs (water and energy) 12,803 Sq.Ft. 0.10 $ 1,280.33
Total maintenance area 12,803
\\-reekly Inspection (Iabor,overhead) (Total Annual Hrs) 26 Hours 30.00 $ 780.00
Annual Assmt. Engineering (labor+overhead) 5 Hours 33.00 $ 165.00
Contract Adminstration (Iabor+overhead) 15 Hours 2200 $ 330.00
Incidentals (materials, supplies. other costs) I LS. 10000 S 100 00
Outside Department Services (Iabor+overhead) 1 LS. 400.00 $ 400.00
Subtotal (A tbru N) S 6,615.98
General Benefit Calculations:
Area of General Benefit (6th Street) 11,888 Sq.Ft.
Percent of Total Area (0 I G) 92.85%
Subtotal (M' P) S 6,143
General Benefit Percentage 50/0
General Benefit Amount Not Assessable (Q * R) S 30714 $ (307.14)
Subtotal (M+S) $ 6,308.84
Estimated Interest for non-prefunded amounts* 6% S 378.53
Subtotal (T +U) $ 6,687.37
Adjustment (Rounding for Assessment Roll) $ (0.01)
TOTAL fIRST YEAR'S ESTIMATED COSTS (V+W) $ 6,687,36
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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:
Talal Costs'" Tolal Assessment Units = Casl per Assessment Unil
Thus
$6,687.36 .,. 162 = $41.28 per Assessment Unit per year
7
Ilgineers Report - AD 1053
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 XIIlD of the California
Constitution for the establishment of Assessment District No. 1053. (6'h Street and Stalin!! Avenue Area Landscaoe
i\-1aintenance Assessment District)
Date
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Mark Lancaster, Deputy Director/City Engineer
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8
'Ollgilleers Report -AD 1053
List of Exhibits
1. Vicinity Map..................................................... Exhibit "1"
2. Reduced copy of Boundary Map....................... Exhibit "2"
3. Reduced copy of Assessment District Diagram Exhibit "3"
4. Copy of "Notice of Exemption"......................... Exhibit "4"
5. Proposed Assessment Roll (FY 2006/2007)...... Exhibit "5"
9
LOCATION OF
PROPOSED ASSESSMENT
DISTRICT NO. 1053
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VICINITY MAP
EXHIBIT "1"
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1053 -
6th Street and Sterling Avenue Area
(Tract No. 17372)
indica tes un-incorporo. ted
~ o.reo.s within City's Sphere of
Influence
Created by: Ryan Sandoval
Date: 8/17/06
ASSESSMENT BOUNDARY
ASSESSMENT DISTRICT NO. 1053
6TH STREET AND STERLING AVE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE CITY Of SAN BERNARDINO, COUNTY Of SAN BERNARDINO
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VICINITY MAP
EXHIBIT 2
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1053
6TH STREET AND STERLING A VENUE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE CITY OF SAN BERNARDINO. COUNTY Of SAN BERNARDINO
CITY OF HIGHLAND
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VICINITY MAP
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EXHIBIT 3
CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT
NOTICE OF EXEMPTION
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FROM: CITY OF SAN BERNARDINO, PLANNING
AND BUILDING SERVICES DEPARTMENT
300 N. "D" 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. 1053
Project Location-Specific: TRACT No. 17372 - 6'H STREET AND STERLING AVENUE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
Project Location-City: SAN BERNARDINO
Project Location - County: SAN BERNARDINO
Description of project: SBMC 12.90 PROCEEDINGS FOR THE ESTABLISHMENT OF A LANDSCAPE
.
MAINTENANCE ASSESSMENT DISTRICT
Name of Public Agency Approving Project:
CITY OF SAN BERNARDINO
Name of Person or Agency Carrying out Project:
CITY OF SAN BERNARDINO
Exem.l't Status: (check one)
U Ministerial (Sec. 21080(b)(1); 15268);
o Declared Emergency (Sec. 21080(b)(3); 15269(a));
o Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
[Jl: Categorical Exemption. State type and section number: Class 1 15301(c) Res.90-217.Sec. B2c
o Statutory Exemptions. State code number:
Reason why project is exempt: ESTABLISHMENT PROCEEDINGS FOR ASSESSMENT DISTRICT TO
PROVIDE FUNDING SOURCE FOR MAINTENANCE OF LANDSCAPING
Lead Agency
Contact Person:
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? 0 Yes 0 No
Signature:
Date:
Title: Real Prooertv Soecialist
[iiI Signed by Lead Agency
o Signed by Applicant
Date received for filing at OPR,
'"
EXHIRIT "4"
PLAN10.05 (5-90) Rev ENG (5-97) Page 1 of 1
CITY OF SAN BERNARDINO
PROPOSED
2007 I 2008 ASSESSMENT ROLL - AD 1053
6TH STREET AND STERLING A VENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
Assessment No.
Parcel No. or Lot No.
Assessment Amt.
2
TR. 17372 Unit-I
TR. 17372 Unit-2
TR. 17372 Unit-3
TR. 17372 Unit-4
TR. 17372 Unit-5
TR. 17372 Unit-6
TR. 17372 Unit-7
TR. 17372 Unit-8
TR. 17372 Unit-9
TR. 17372 Unit-IO
TR 17372 Unit-II
TR. 17372 Unit-12
TR. 17372 Unit-13
TR. 17372 Unit-14
$41.28
$41.28
$41.28
$41.28
$41.28
$41.28
$41.2 8
$41.28
$41.28
$41.28
$41.28
$41.28
$41.28
$41.28
$41.28
$41.28
$41.28
$41.28
$41.28
$41.28
$4 1.2 8
$41.28
$41.28
$41.28
$41.28
$41.28
$41.28
$41.28
$41.28
$41.28
$41.28
$41.28
$41.2 8
$41.28
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
TR. 17372 Unit-15
TR. 17372 Unit-16
TR. 17372 Unit-17
TR. 17372 Unit-18
TR. 17372 Unit-19
TR. 17372 Unit-20
TR. 17372 Unit-21
TR. 17372 Unit-22
TR. 17372 Unit-23
TR. 17372 Unit-24
TR. 17372 Unit-25
22
23
24
25
26
27
28
33
TR. 17372 Unit-26
TR. 17372 Unit-27
TR. 17372 Unit-28
TR. 17372 Unit-29
TR. 17372 Unit-30
TR. 17372 Unit-31
TR. 17372 Unit-32
TR. 17372 Unit-33
TR. 17372 Unit-34
29
30
31
32
34
1053 / 2007
EXHIBIT "5"
Page I of5
Assessment No. Parcel No. or Lot No. Assessment Amt.
35 TR. 17372 Unit-35 $41.28
36 TR. 17372 Unit-36 $41.28
37 TR. 17372 Unit-37 $41.28
38 TR 17372 Unit-38 $41.28
39 TR. 17372 Unit-39 $41.28
40 TR. 17372 Unit-40 $41.28
41 TR 17372 Unit-41 $41.28
42 TR 17372 Unit-42 $41.28
43 TR 17372 Unit-43 $41.28
44 TR 17372 Unit-44 $41.28
45 TR. 17372 Unit-45 $41.28
46 TR. 17372 Unit-46 $41.28
47 TR. 17372 Unit-47 $41.28
48 TR. 17372 Unit-48 $41.28
49 TR 17372 Unit-49 $41.28
50 TR. 17372 Unit-50 $41.28
51 TR. 17372 Unit-51 $41.28
52 TR. 17372 Unit-52 $41.28
53 TR. 17372 Unit-53 $41.28
54 TR. 17372 Unit-54 $41.28
55 TR. 17372 Unit-55 $41.28
56 TR. 17372 Unit-56 $41.28
57 TR. 17372 Unit-57 $41.28
58 TR. 17372 Unit-58 $41.28
59 TR. 17372 Unit-59 $41.28
60 TR. 17372 Unit-60 $41.28
61 TR. 17372 Unit-6\ $41.28
62 TR. 17372 Unit-62 $41.28
63 TR. 17372 Unit-63 $41.28
64 TR. 17372 Unit-64 $41.28
65 TR. 17372 Unit-65 $41.28
66 TR. 17372 Unit-66 $41.28
67 TR 17372 Unit-67 $41.28
68 TR 17372 Unit-68 $41.28
69 TR. 17372 Unit-69 $41.28
70 TR. \7372 Unit-70 $41.28
71 TR 17372 Unit-71 $41.28
72 TR. 17372 Unit-72 $41.28
73 TR. 17372 Unit-73 $41.28
1053 /2007 EXHIBIT "5" Page 2 of5
Assessment No. Parcel No. or Lot No. Assessment Amt.
------.---.----
74 TR. 17372 Unit-74 $41.28
75 TR 17372 Unit-75 $41.28
76 TR. 17372 Unit-76 $41.28
77 TR. 17372 Unit-77 $41.28
78 TR. 17372 Unit-78 $41.28
79 TR. 17372 Unit-79 $41.28
80 TR. 17372 Unit-80 $41.28
81 TR. 17372 Unit-81 $41.28
82 TR. 17372 Unit-82 $41.28
83 TR. 17372 Unit-83 $41.28
84 TR. 17372 Unit-84 $41.28
85 TR. 17372 Unit-85 $41.28
86 TR. 17372 Unit-86 $41.28
87 TR. 17372 Unit-87 $41.28
88 TR. 17372 Unit-81l $41.28
89 TR. 17372 Unit-89 $41.2 8
90 TR. 17372 Unit-90 $41.28
91 TR. 17372 Unit-91 $41.28
92 TR. 17372 Unit-92 $41.28
93 TR. 17372 Unit-93 $41.28
94 TR. 17372 Unit-94 $41.28
95 TR. 17372 Unit-95 $41.28
96 TR. 17372 Unit-96 $41.28
97 TR. 17372 Unit-97 $41.28
98 TR. 17372 Unit-98 $41.28
99 TR 17372 Unit-99 $41.28
100 TR. 17372 Unit-IOO $41.28
101 TR. 17372 Unit-lOl $41.28
102 TR. 17372 Unit-I02 $41.28
103 TR. 17372 Unit-I03 $41.28
104 TR. 17372 Unit-104 $41.28
105 TR 17372 Unit-I05 $41.28
106 TR. 17372 Unit-I06 $41.28
107 TR. 17372 Unit-I07 $41.28
108 TR. 17372 Unit-108 $41.2 8
109 TR. 17372 Unit-I09 $41.28
110 TR. 17372 Unit-li~ $41.2 8
III TR.17372Unit-lll $41.28
112 TR. 17372 Unit-l 12 $41.28
1053 I 2007 EXHIBIT "5" Page 3 of5
Assessment No. Parcel No. or Lot No. Assessment Amt.
----
113 TR. ]7372 Unit-I 13 $41.28
114 TR. 17372 Unit-I] 4 $41.28
115 TR 17372 Unit-liS $41.28
116 TR. 17372 Unit-I]6 $41.28
117 TR. 17372 Unit-I]7 $41.28
118 TR 17372 Unit-I 18 $41.28
119 TR. 17372 Unit-I 19 $41.28
120 TR. 17372 Unit-120 $41.28
121 TR. 17372 Unit-121 $41.28
122 TR. 17372 Unit-l22 $41.28
123 TR. 17372 Unit-l23 $41.28
124 TR. 17372 Unit-124 $41.28
125 TR. 17372 Unit-125 $41.28
126 TR. 17372 Unit-126 $41.28
127 TR. 17372 Unit-]27 $4 1.2 8
128 TR. 17372 Unit-l28 $41.28
129 TR. 17372 Unit-129 $41.28
130 TR. 17372 Unit-130 $41.28
131 TR. 17372 Unit-131 $41.2 8
132 TR. 17372 Unit-I 32 $41.28
I" TR. 17372 Unit-133 $41.28
'0
134 TR 17372 Unit-134 $41.28
135 TR. 17372 Unit-135 $41.28
136 TR. 17372 Unit-136 $41.28
137 TR. 17372 Unit-l37 $41.28
138 TR. 17372 Unit-138 $41.28
139 TR. 17372 Unit-139 $41.28
140 TR. 17372 Unit-140 $41.28
141 TR. 17372 Unit-14] $41.28
142 TR. 17372 Unit-142 $41.28
143 TR. 17372 Unit-143 $41.28
144 TR. 17372 Unit-144 $41.28
145 TR. 17372 Unit-145 $41.28
146 TR. 17372 Unit-146 $41.28
147 TR. 17372 Unit-147 $41.28
148 TR. ]7372 Unit-148 $41.28
149 TR. 17372 Unit-149 $41.28
150 TR. ]7372 Unit-ISO $41.28
151 TR. 17372 Unit-151 $41.28
1053 /2007 EXHIBIT "5" Page 4 of5
Assessment No. Parcel No. or Lot No. Assessment Amt.
--------
152 TR. 17372 Unit-152 $41.28
153 TR. 17372 Unit-153 $41.28
154 TR. 17372 Unit-154 $41.28
155 TR 17372 Unit-155 $41.28
156 TR 17372 Unit-156 $41.28
157 TR. 17372 Unit-I 57 $41.28
158 TR. 17372 Unit-158 $41.28
159 TR 17372 Unit-159 $41.28
160 TR 17372 Unit-160 $41.28
161 TR. 17372 Unit-161 $41.28
162 TR. 17372 Unit-162 $41.28
------_.-, ------,~. ---- - ---------,----
TOTALS: 162 Pa reels $6,687.36
1053 /2007
EXHIBIT "5"
Page 5 of 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 6TH STREET AND STERLING 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. 1053; 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.1 053, 6th
Street and Sterling A venue 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. 1053, the boundaries of which are generally as follows:
The centerline of 6th Street on the south, and the westerly, northerly, and easterly
line of Tentative Tract 17372 to the west, north, and east respectively.
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
09/26/06
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RESOLUTION ... PRELIMINARILY DETERNIINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMDiT
DISTRICT LOCATED IN THE 6'" snU:ET .\:\11 STElH.I:\t;\\ E:\l E .\REA ... ASSESS:\IE:\T
DISTRICT NO. 10;;]: PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVI:"G
NOTICE OF A PUBLIC MEETING AND A Pl'BLIC HEARING,
5 hereby preliminarily approved.
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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 northerly side of 6th Street,
and the southerly side of Cypress Avenue; all within Tract No. 173 72. The estimated cost of said
maintenance for the first year, including incidental costs, less general benefit amounts, is
$6,687.36.
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, of said Tract No. 17372, 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
09/26/06
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RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
2 NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENAJ"ICE ASSESSME:'IiT
DISTRICT LOCATED IN THE 6'" S IREET A\D STERU\(; ,\\ E\IE ARE.\ ... ASSESSME:'IiT
3 DISTRICT NO.1 053; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING
NOTICE OF A PUBLIC MEETII'OG AND A PUBLIC HEARI:'IiG.
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each parcel.
SECTION 5. The assessment financing alternative to be followed shall be as follows,
to-wit:
The estimated cost of the first year's maintenance, as set forth in said Engineer's report, shall be
assessed against the properties involved within the current fiscal year or the fiscal year following
the establishment of the district. Depending on when the costs are assessed relative to when the
maintenance is assumed by the City, this assessed amount can be used as a source of pre-funding
the first year's maintenance contract and incidental costs. Once the district has assumed the
responsibility for the maintenance, the properties shall be assessed each year thereafter to establish
a source of pre-funding each year's costs, or for the actual contract and incidental costs. If there
are surplus amounts in the event of pre-funding of costs, then such surplus may be applied as a
credit to the following year's assessment or retained in a reserve to offset future increases. Interest
will be charged on any portion of the assessments 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.
SECTION 6. NOTICE IS HEREBY GIVEN that a public meeting will be held before the
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RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE A:'>D
NECESSITY REQUIRE THE FOR.I\1ATION OF A LANDSCAPE MAINTENANCE ASSESSME:'>T
DISTRICT LOCATED I:'> THE (,"' STRELT A,(D STERU'(C\ \E'(l"E AREA ... ASSESS:\IE:'>T
DISTRICT NO. I 0;;3; PRELIMINARILY APPROVING THE ENGINEER'S REPORT A;"ID GIVI:\G
NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING.
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.
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RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE ~'iD
2 NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT LOCATED IN THE (,'11 STREET A'in STERLl:\G A \E:\l'r AREA... ASSESSMENT
3 DISTRICT NO. 1053; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING
NOTICE OF A PUBLIC MEETING MW A PUBLIC HEARING.
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[fby the conclusion of said public hearing on December 4,2006, protesls have been filed
and not withdrawn by property owners representing over 50% of the assessment unils 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. "D" Street, San
Bernardino, California, 92418.
SECTION 7. A copy of this resolution and a map showing the exterior boundaries of the
proposed improvement district with relation to the territory immediately contiguous thereto and to
the proposed improvement will be on file with the City Clerk and will be available for inspection
by any person or persons interested. This map shall govern for all details as to the extent of the
proposed improvement district.
SECTION 8. The City Clerk is hereby authorized and directed to publish a copy of this
Resolution in the San Bernardino County Sun, a newspaper of general circulation published in the
City, and shall cause Notice to be mailed as required by Section l2.90.040(C) of the San
Bernardino Municipal Code.
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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 6'11 STREET A'\D STERLI'\G A\"E'\I"E AREA... ASSESSMENT
DISTRICT NO. 10;;3; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING
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
the
day of
, 20~, by the following vote, to-wit:
Council Members: A YES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
VACANT
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this _ day of
,20_
PATRICK 1. MORRIS, Mayor
City of San Bernardino
Approved as to form:
I It
. L~. l'
ES F. PENMAN, City Attorney
09/26/06
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