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HomeMy WebLinkAbout2006-331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2006-331 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 MAGNOLIA AVENUE AND OHIO AVENUE AREA WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1041; 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. 1041, Magnolia A venue and Ohio 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. 1041, the boundaries of which are generally as follows: Magnolia A venue, Ohio A venue, and the easterly and southerly boundary lines of Tract No. 15228. 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 09/12/06 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE MAGNOLIA AVENUE AND OHIO AVENUE AREA... ASSESSMENT DISTRICT NO. 1041; PRELIMINARILY APPROVING TIlE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING. hereby prelimi~arily 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, parkway and slope landscaping on the easterly side of Magnolia A venue, parkway and slope landscaping on the south side of Ohio A venue, landscaping and drainage swales on slopes along the southerly side of Lots 10 through 17, inclusive, and the easterly side of Lot 10, and the landscaping and drainage swale/access area between the side yards of Lots 10 and II. The estimated cost of said maintenance for the first year, including incidental costs and formation costs, is $14.858.17. 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. 15228, 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 09/12/06 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE MAGNOLIA A VENUE AND OHIO AVENUE AREA... ASSESSMENT DISTRICT NO. 1041; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING. 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 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 09/12/06 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE MAGNOLIA A VENUE AND OHIO A VENUE AREA... ASSESSMENT DISTRICT NO. 1041; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING. Mayor and Common Council of the City of San Bernardino on Monday, October 16, 2006, at the hour of 4:00 p.m., and that a public hearing will be held on Monday, November 6, 2006, at the hour of 4:00 p.m., both in the Council Chambers of City Hall, 300 N. "0" 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. "0" Street, San Bernardino, California, 92418, prior to 4:00 p.m., November 6, 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 November 6, 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. Ifby the conclusion of said public hearing on November 6,2006, protests have been filed 09/12/06 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE MAGNOLIA A VENUE AND OHIO AVENUE AREA... ASSESSMENT DISTRICT NO. 1041; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING. and not withdrawn by property owners representing over 50% of the assessment units to be assessed, or ballots returned representing over 50% of the assessment amount of the returned ballots, these proceedings shall be abandoned and no assessments shall be imposed. Additional information may be obtained by contacting the Department of Development Services, Real Property Section, at (909) 384-5026 or by writing to same at 300 N. "D" Street, San Bernardino, California, 92418. SECTION 7. A copy of this resolution and a map showing the exterior boundaries of the proposed improvement district with relation to the territory immediately contiguous thereto and to the proposed improvement will be on file with the City Clerk and will be available for inspection by any person or persons interested. This map shall govern for all details as to the extent of the proposed improvement district. SECTION 8. The City Clerk is hereby authorized and directed to publish a copy of this Resolution in the San Bernardino County Sun, a newspaper of general circulation published in the City, and shall cause Notice to be mailed as required by Section 12.90.040(C) of the San Bernardino Municipal Code. /1/ //1 09/12/06 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 28 RESOLUTION... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE MAGNOLIA AVENUE AND OHIO A VENUE AREA ... ASSESSMENT DISTRICT NO. 1041; 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 joint regular meeting thereof held on the 18th day of Seotember , 20~, by the following vote, to-wit: Council Members: A YES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x VACANT DERRY x KELLEY x JOHNSON X MCCAMMACK X Q_"l.o b.~ Cit;CJ;k U~ ,\,"l" The foregoing resolution is hereby approved thisa-O 'day of September ,20~. ~S: Mayor City of San Bernardino proved as to form: MES F. PENMAN, City Attorney 09/12/06 6 2006-331 ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1041 (Magnolia Avenue and Ohio Avenue Area Landscape Maintenance Assessment District) CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA File No. 14.40-131 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION Prepared: July 7, 2006 by GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 (951) 781-0811 2006-331 Engineer's Report - AD 1041 ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1041 FILED in the office of the City Clerk of the City of San Bernardino on the_ day of CITY CLERK City of San Bernardino PRELIMINARY approval by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino, State of California on the_day of CITY CLERK City of San Bernardino FINAL approval by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino, State of California on the day of CITY CLERK City of San Bernardino I HEREBY CERTIFY that the foregoing assessments, together with the Diagram of Assessment District No.1 041 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 2006-331 Engineer's Report -AD 1041 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS /ENGINEERING DIVISION ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1041 (Magnolia Avenue and Ohio Avenue Area Landscape Maintenance Assessment District) PETITION -- On September 2, 2005, a petition was received from the owner or the developer representing the owner of property within the proposed assessment district for the establishment of an assessment district for the maintenance of landscaping along portions of the westerly side (fronting Magnolia Avenue) and northerly side (fronting on Ohio Avenue) of Tract No. 15228 and the slope area along the southerly and southeasterly sides of said Tract No. 15228. 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. 15228 by the City to relieve the City from having to maintain the areas of landscaping and assess the costs of said landscaping to those properties receiving the benefit of said maintenance. AUTHORIZATION - On ,2006, by action of the Mayor and Common Council of the City of San Bernardino, the Director of Development Services and City Clerk were authorized to initiate proceedings for the formation of Assessment District No. 1041 (Magnolia Avenue and Ohio 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 ofIntention No. adopted by the Mayor and Common Council of the City of San Bernardino on the day of ADVANCE OF ESTIMA TED COSTS OF PROCEEDINGS -- On September 2, 2005, pursuant to Section 12.94.030 of the Municipal Code, the developer deposited $4,000 with the City to cover the estimated cost of proceedings. At the conclusion of the proceedings and after confirmation of all costs, any amounts remaining will be returned to the developer. If actual costs are more than the deposit, then the remainder can either be paid in a lump sum by the developer or assessed against the properties involved. EASEMENTS - All landscaping to be maintained will be within the dedicated right of way and/or within landscape maintenance easements and/or City-owned lots and no maintenance will be carried out on private property. DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained include parkway and slope landscaping on the easterly side of Magnolia A venue, parkway and slope landscaping on the south side of Ohio Avenue, landscaping and drainage swales on slopes along the southerly side of Lots 10 through 17, inclusive, and the easterly side of Lot 10, and the landscaping and drainage swale/access area between the side yards of Lots 10 and 11. 2006-331 Engineer's Report-AD 1041 PLANS AND SPECIFICATIONS --Plans and Specifications for the landscaping have been prepared by the developer according to the standards of the City and are subject to final approval by the City prior to the installation of any landscaping. DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the Assessment Boundary Map of Assessment District No. 1041 and are generally described as follows: Magnolia Avenue, Ohio Avenue, and the easterly and southerly boundary lines of Tract No. 15228. VICINITY MAP -- A vicinity map showing the general location of the proposed Assessment District is attached as Exhibit "I". DISTRICT BOUNDARY MAP -- A proposed Boundary Map has been prepared and is on file in the office of the City Clerk. A reduced copy of the District Boundary Map is attached as Exhibit "2". DISTRICT DIAGRAM -- 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 ofExernption is attached as Exhibit "4". METHOD OF ASSESSMENT AND DETERMINATION OF BENEFIT -- Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties in the area is determined to be equal to the number of residential units that utilize the landscaped areas either as ingress and egress or by actual physical use of the land as in the cases of large open areas. The boundaries of the proposed district are drawn with this in mind and the Resolution of Intention delineates the specific areas of maintenance which will benefit all of the properties within the boundaries. Thus, each residential lot or unit, be it a single family lot, a condominium or an apartment will be assessed an equal share in the cost of maintenance (1 residential lot or unit = 1 Assessment Unit). The benefit received by the parcels within the boundaries of the district is determined to be of more than ordinary public benefit, thus each parcel within the district being assessed receives a special benefit from the improvements. If property not within the boundaries of a district also receives some benefit from the improvements, consideration must then be given to a general benefit given by the improvements, which may not be assessed to the parcels within the district. Since the installation and maintenance of the landscaping and establishment of an assessment district for the maintenance of the landscaping is specific and incidental to this development, it is further determined that the improvements to be maintained by the assessment district are of special benefit to the district only and are 100% assessable to the parcels within the boundaries of the assessment district, except as follows: 2006-331 Engineer's Report-AD 1041 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 benefll and the proportional costs thereof are not assessable to the District. 2. Areas of maintenance that front on secondarv arterial streets, as determined by the Circulation Plan of the City's General Plan, are determined to be i 0% 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 iOO% special benefit and are 100% assessable to the District. Based on the City of San Bernardino's current circulation element of its General Plan, this portion of Magnolia A venue is designated as a collector street and this portion of Ohio A venue is also a collector street. All other landscaping is within easements or permit areas not located along any public street, thus 95% of the cost of landscaping maintenance and appurtenances fronting on Magnolia Avenue and Ohio Avenue (that is, 5% of the cost is general benefit) is deemed to be of special benefit, and 100% of the cost of landscaping maintenance and appurtenances of the remainder of the public landscaping within Tract No. 15228 is deemed to be of special benefit and assessable to the lots within the Assessment District. Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception of public right of way, which is not subject to assessments. It has been determined that the City of San Bernardino property will not receive any benefit from the maintenance under the Assessment District and will not be assessed. METHOD OF FiNANCiNG -- The estimated cost of the first year's maintenance shall be assessed against the properties involved within the current fiscal year or the fiscal year following the establishment of the district. Depending upon when the costs are assessed and when the actual maintenance is assumed by the City, this assessed amount can be used as a source of pre-funding the first year's maintenance contract and incidental costs. Once the City has assumed the responsibility for the maintenance, the properties may be assessed in advance each year thereafter to establish a source of pre-funding each year's costs, or may be assessed for the actual contract and incidental costs plus interest. Interest will be included in the assessment costs for any amounts or portions not pre- funded through previous assessments. If there is a surplus from the estimated assessment in the event costs are pre- funded through previous assessments, any such surplus shall be applied as a credit to the following year's assessment or placed in a reserve fund to cover future increases or maintenance until such reserves are depleted. The assessment, whether pre-funded or not, shall be levied, collected and enforced in the same manner, at the same time, and with the same penalties and interest as in the case of taxes levied for property taxes. Table I sets forth the estimated costs ofthe first year's maintenance. No Bonds will be sold relative to this Assessment District. 2006-331 Engineer's Report - AD 1041 TABLE 1 ESTIMATED FIRST YEAR'S COST SUMMARY Assessment District No. 1041 (Magnolia A venue and Ohio A venue Area Landscape Assessment District) Quantity Unit Cost/Unit Annual Cost A 9,422 S . Ft. 0.15 $ 1,413.30 B 37,349 S .Ft. 0.10 $ 3,734.90 C 46,771 S . Ft. D 1 L.S. 1,000.00 $ 1,000.00 E 46,771 S .Ft. 0.08 $ 3,741.68 F 52 Hours 30.00 $ 1,560.00 G 5 Hours 33.00 $ 165.00 H 15 Hours 22.00 $ 330.00 I 1 L.S. 100.00 $ 100.00 J 1 L.S. 400.00 $ 400.00 K $ 12,444.88 Q 3,626 S .Ft. R 7.8 % 5 $ 970.70 T 5 % U $ 48.54 deduct $ 48.54 Q, 5,796 Sq.Ft. R, Percent of Total Area (Q,I C) Rounded 12.4 % 5, Proportioned cost of Total Cost (K x R,) $ 1,543.17 T, General Benefit Percentage 5 % U, General Benefit Amount Not Assessable (S, X T 1) $ 77.16 deduct $ (77.16) Subtotal $ 12,319.18 Estimated Interest for non- refunded amounts . 6 Percent $ 739.15 Formation Costs Less $4,000 Pre aid De osit $ 1,800.00 Subtotal $ 14,858.33 Adjustment (Rounding for Assessment Roll) $ (0.16) TOTAL FIRST YEAR'S ESTIMATED COSTS $ 14,858.17 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 CALCULA TION -- Applying the Method of Assessment and Assessment Spread described above, the following formula is used to determine the assessment amount per Assessment Unit: Total Costs + Total Assessment Units = cost per Assessment Unit thus $14,858.17 + 17= $874.01 per Assessment Unit per Year 2006-331 Engineers Report-AD 1041 ENGINEER'S STATEMENT This Report, together with the Assessment District Boundary Map, Assessment Diagram and Proposed Assessment Roll has been prepared and is being filed pursuant to and in compliance with Chapter 12.90 of the San Bernardino Municipal Code and also in compliance with the requirements set forth in Article xmD of the California Constitution for the establishment of Assessment District No. 1041 (Maf!nolia Avenue and Ohio Avenue Area Landscave Maintenance Assessment District). Date: 7-tl7~t5Jp 2006-331 Engineer's Report - AD 1041 List of Exhibits 1 V. .. M E h'b' "1" . IC1D1ty ap......... .............................................. X I It 2. Reduced copy of Boundary Map........................... Exhibit "2" 3. Reduced copy of Assessment District Diagram.....Exhibit "3" 4C fnN' fE . n Eh'b't"4" . opy 0 obce 0 xemptlOn ............................ x I I 5. Proposed Assessment Roll (FY 2006/2007)......... Exhibit "5" LOCATION OF ASSESSMENT DISTRICT 2006-331 E 1i a.. .. . . VICINITY MAP EXHIBIT "1" . 6 l~ ., "I .~ ~ I~ ~. 'Z .- t~ .~ ;E ,~ ~o .!\ .~. ,0 0' I · - uf <Il~ '5~ ~ H8i;" ~l~ ~>;; 'i c . U! 0::.E.. 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"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 ProjectTitle: ASSESSMENT DISTRICT NO. 1041 Project Location-Specific: TRACT No. 15228 - MAGNOLIA AVENUE AND OHIO AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Project Location-City: SAN BERNARDINO Project Location - County: SAN BERNARDINO Description of project: SBMC 12.90 PROCEEDINGS FOR THE ESTABLISHMENT OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Name of Public Agency Approving Project: CITY OF SAN BERNARDINO CITY OF SAN BERNARDINO Name of Person or Agency Carrying out Project: Exem-Et Status: (check one) D Ministerial (Sec. 21 080(b)(1); 15268); D Declared Emergency (Sec. 21080(b)(3); 15269(a)); D Emergency Project (Sec.21080(b)(4); 15269(b)(c)); i:il: Categorical Exemption. State type and section number: Class 115301(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 Prooertv Suoervisor GiI 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 2006-331 CITY OF SAN BERNARDINO PROPOSED 2007 I 2008 ASSESSMENT ROLL. AD 1041 MAGNOLIA A VENUE AND OHIO A VENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Assessment No. Parcel No. or Lot No. Assessment Amt. 1 0261-721-01 $874.01 2 0261-721-02 $874.01 3 0261-721-03 $874.01 4 0261-721-04 $874.01 5 0261-721-05 $874.01 6 0261-721-06 $874.01 7 0261-721-07 $874.01 8 0261-721-08 $874.01 9 0261-721-09 $874.01 10 0261-721-10 $874.01 11 0261-721-11 $874.01 12 0261-721-12 $874.01 13 0261-721-13 $874.01 14 0261-721-14 $874.01 15 0261-721-15 $874.01 16 0261-721-16 $874.01 17 0261-721-17 $874.01 TOTALS: 17 Parcels $14,858.17 1041 /2007 EXHIBIT "5" Page 1 of 1