HomeMy WebLinkAbout19-Development ServicesCITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Authorization to proceed and
Resolution of Intention -formation of a
Dept: Development Services Landscape Maintenance Assessment District
in the Waterman Avenue and Orange Show
Date: February 14, 2007 Road Area (Tract No. 17972).
File No. 14.40-137 MCC Date: March 5, 2007
Synopsis of Previous Council Action:
7/11/2006- Tentative Tract Map No. 17972 was approved, with conditions.
Recommended Motion:
That the Director of Development Services and the City Clerk be authorized to proceed
under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment
District in the Waterman Avenue and Orange Show Road Area (Tract No. 17972), to be
known as Assessment District No. 1045; AND
2. Adopt Resolution.
YrluiuG.~
Contact person: Ryan Sandoval
Staff Report, Maps, Engineer's
Supporting data attached: Senn Resnhitinn
Valerie C. Ross
Phone: 5226
Ward:
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees paid by applicant 8/I1/OS)
Source: (Acct. NoJ 254-000-2301-6037
(Acct. Description) Assessment District Deposits
Finance:
Council Notes:
Agenda Item No.
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 Waterman Avenue and Orange Show Road Area (Tract No. 17972).
BACKGROUND:
On July 11, 2005, the Planning Commission approved Tentative Tract Map No. 17972 and DP2
No. OS-08, generally located east of Waterman Avenue and south of Orange Show Road. On
July 24, 2005, Voit Development, 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 easterly side of Waterman Avenue and the median on
Waterman Avenue directly adjacent to this site. The developer has paid the required $4,000
formation fee.
Tract No. 17972 consists of 15 commercial 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 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, the landscaping along
Waterman Avenue and the median has been deemed to be of a general benefit. The general
benefit portion of the annual cost of maintenance is estimated to be $1,891.93 and cannot be
assessed to the District. This amount will need to be paid from the general fund or other non-
district fund source. As set forth in the Engineer's Report, the estimated total annual assessment,
including all incidental expenses, is $11,363.82. Assessment units on commercial land are
assigned to each pazcel based on the number of 7,200 squaze foot single family lots that could be
developed on the site if it were developed for residential use and gives a basis for calculating the
assessment spread. In essence, each parcel is assessed in proportion of its size to the other parcels
within the district. The per lot assessment will vary across each pazcel but ranges from $303.76
to $1,766.77 per pazcel. 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 April 16, 2007, and a public
hearing for May 7, 2007, 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 aze weighted proportionally to
the amount of the proposed assessment for each parcel The owners of record will be given
Staff Report -Continued
mailed notice of the public meeting and hearing, along with an Assessment Ballot form. Since all
of the properties within the District aze 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:
The applicant has paid the $4,000 processing fee. Estimated costs of annual maintenance in the
amount of $11,363.13, 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
$1,891.93, deemed to be a general benefit, will need to be paid from the general fund.
RECOMMENDATION:
Staff recommends that authorization be given to proceed with the formation of a Landscape
Maintenance Assessment District in the Waterman Avenue and Orange Show Road Area to be
known as Assessment District No. 1045 (Tract No. 17972), and that the attached Resolution of
Intention be adopted.
LJ
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DISTRICT NO. 1045
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
indicates un-incorporated areas within Citys
® Sphere of Influence
Proposed Landscape Maintenance
Assessment District No. 1045 -
Waterman Avenue and Orange Show
Road Area (Tract No. 17972)
Created by: Ryan sandovai ~ Date: 2/6/07
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. ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1045
(Waterman Avenue and Orange Show Road Area Landscape Maintenance Assessment District)
In the
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
File No. 14.40-137
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
Prepazed 02/08/2007
1
ngineers Report - AD 1045
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1045
FILED in the office of the City Clerk of the City of San Bernazdino on the day of
CITY CLERK
City of San Bemardino
PRELIMINARY approval by the Mayor and Common Council of the City of San Bernardino, County of San
Bemardino, State of Califomia on the day of
CITY CLERK
City of San Bemardino
FINAL approval by the Mayor and Common Council of the City of San Bernazdino, County of San Bernazdino,
State of California on the day of ,
CITY CLERK
City of San Bernazdino
I HEREBY CERTIFY that the foregoing assessments, together with the Diagram of Assessment District'IQ~"tOttS,
were approved and confirmed by the Mayor and Common Council of the City of San Bemardino, County of San
Bemardino, State of California on the day of ,
CITY CLERK
City of San Bernardino
2
~ngtneers Report - AD 1015
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1045
(Waterman Avenue and Orange Show Road Area Landscape Maintenance Assessment District)
PETITION-- On July 24, 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 and hazdscaped areas. These improvements aze relative to the proposed
development within Tentative Tract No. 17972. 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. 17972 by the City to relieve the City finm_having
to maintain the areas of landscaping.
AUTHORIZATION -- On , 2007, by action of the Mayor and Common Council
of the 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. 1045 (Waterman Avenue and
Orange Show Road 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 August 11, 2005, pursttant 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 aze 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 OFIMPROVEMENTS -- The areas to be maintained by the District will be landscaping
along portions of the easterly side of Waterman Avenue and the median in Waterman Avenue adjacent to Tentative
Tract 17972.
PLANS AND SPECIFICATIONS --Plans and Specifications for the landscaping have been prepared by
~ngineers Report - AD 1045
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 OFBOUNDARIES -- The boundaries of the proposed district are shown on the
Assessment Boundary Map of Assessment District No. 1045 and are generally described as follows:
The west line of Waterman Avenue on the west; and the northerly, easterly, and southerly boundary
of Tentative Tract No. 17972 on the north, east and south respectively.
VICINITY MAP -- A vicinity map showing the general location of the proposed Assessment District is
attached as Exhibit "1".
DISTRICT BOUNDARYMAP -- 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 OFEXEMPTION -- a "Notice of Exemption" declaring a Categorical Exemption was prepared
and will be filed with the Clerk of the Boazd 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 OFASSESSMENT AND DETERMINATION OFBENEFIT -- Landscaping and its proper
maintenance enhances the esthetics of any given azea and the benefit received by the owners of properties in the area
is determined to be equal to the azea of each lot or pazcel that utilizes the landscaped azeas either as ingress and
egress or by actual physical use of the land as in the cases of large open azeas. 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. The benefit received by each lot or parcel is
proportional to the area of each lot or pazcel in relation to the total area within the District boundaries. Since the
proposed development for this azea is commercial use, assessment units are assigned to each lot or parcel based on
the number of single family residential units that could be built if the area were developed for residential use, based
on the minimum lot size of 7,200 square feet as set forth in the City's General Plan. Thus, each lot or parcel area
(in square feet) is divided by 7,200 to determine its assigned assessment unit or portion thereof. (7,200 Square Feet
= 1 Assessment Uriit).
Based upon the commercial pazcels proposed to be developed, the total assessment units for the district will
be 164.97.
The benefit received by the parcels within the boundaries of the district is determined to be of more than
~dinary public benefit, thus each parcel within the district being assessed receives a special benefit from the
4
~ngineers Report - AD ! 045
improvements. If property not within the boundaries of a district also receives some benefit from the improvements,
consideration must then be given to a genera/ 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 boundazies of the assessment district, except as follows:
Areas of maintenance that front on major 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 ]0% genera/ benefit and the proportional costs
thereof aze 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 S% general benefit and the proportional costs thereof are
not assessable to the District.
• 4. Areas that front on local streets aze determined to be 100% special benefit and aze 100% assessable
to the District.
These percentages are based on the traffic circulation for the various street classifications.
Based on the City of San Bemardino's current circulation element of its General Plan, this portion of
Waterman Avenue is designated as a major arterial street, thus IS% of the cost of landscaping maintenance and
appurtenances along Waterman Avenue, and the center median on Waterman Avenue adjacent to site, 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 yeaz's maintenance shall be assessed against
the properties involved within the current fiscal yeaz or the fiscal yeaz following the establishment of the district.
Depending upon when the costs aze assessed and when the actual maintenance is assumed by the City, this assessed
amount can be used as a source ofpre-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 yeaz
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-
ded through previous assessments, any such surplus shall be applied as a credit to the following year's assessment
r placed in a reserve fund to cover future increases or maintenance until such reserves are depleted. The
~ngineers Report - AD 1045
assessment, whether pre-funded or not, shall be levied, collected and enforced in the same manner, at the same time,
and with the same penalties and interest as in the case of taxes levied for property taxes. Table 1 sets forth the
estimated costs of the first yeaz's maintenance. No Bonds will be sold relative to this Assessment District.
ASSESSMENT SPREAD -- The amount of each Assessment Unit is determined by dividing the total
maintenance costs, including all incidentals, by the total number of assessment units, as determined by the above
Method oJAssessment. Each pazcel in the district is then assessed based upon the total number of Assessment Units
calculated for that parcel.
ASSESSMENT ROLL -- There will be 15 commercial lots within Tract No. 17972, once the final map is
recorded, with 7,200 sq. ft. representing 1 assessment unit as described under Method of Assessment, and
assessments are spread accordingly. No further subdivision of the pazcels is anticipated. An Assessment Roll
representing the estimated first yeaz's maintenance costs has been~prepared for the 15 parcels within Tract No.
17972 and is shown as Exhibit "5". Any pazcels remaining vacant, or not being subdivided, will be assessed based
on the number of residential lots that could be built pursuant to the City's existing General Plan.
FUTUREAPPORT/ONMENTS -- 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
arcel(s) will change accordingly. Any increases based solely on change in pazcel 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 Bemazdino Municipal
Code, such reapportionment's do not require the recording of an amended Diagram Map.
FUTURE INCREASES -- Due to the nature of landscape maintenance; it is anticipated that there will be
future increases in assessments as contract, labor, water and energy costs aze 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 yeaz, or 5%,
whichever is less. The CPl is typically used for maintenance districts. The rate varies from year to yeaz, but in no
event will an increase, if needed, exceed 5% without a majority approval of property owners in the district.
~ngineers Report - AD 1045
TABLE 1
ESTIMATED FIRST YEAR'S COST SUMMARY
Assessment District No. 1045
(Waterman Avenue and Orange Show Road Area Landscape Maintenance Assessment District)
no~,..:.,r;nn n! rnerv Quantity Unit CosdUnit Annual Cost
A
B
C
D
E
F
G
N
J
K
L
M
N
O
P
Q
R
5
T
U
V
W
Maintenance ofTurf /Irri ation 26,362 S .Ft. 0.20 $ 5,272.30
MaintenanceofGroundcover/Shrobs/Irrigation 4,537 S .Ft. 0.20 $ 907.46
Maintrnance of Trees /Irri lion I L.S. 1,300.00 $ 1,300.00
Landsca a Arca Subtotal 30,899 S . Ft.
Maintenance of hardscape areas, monument signs
and a urtenant li htin
2,684
S .Ft.
-0.10
$ 268.35
Irri ation Costs water and ene 30,899 S .F[. 0.10 $ 3,089.88
Total maintenance area 33,582
Week) Ins ection laboroverhead otal Annual Hrs 26 Hours 30.00 $ 780.00
Annual Assmt. En ineerin laborfoverhead) 5 Hours 33.00 $ 165.00
Contract Adminstration labor+averhead 15 Hours 22.00 $ 330.00
Incidentals materials, su lies, other costs 1 L.S. 100.00 $ 100.00
Outside De artment Services labor overhead 1 L.S. 400.00 $ 400.00
Subtotal A thru L $ 12,612.99
General Benefit Calculations:
Area of General Benefit 33,582 S .Ft.
Percent of Total Area O / G 100.00%
Subtotal M * P $ 12,613
General Benefit Percents a 15%
General Benefit Amount Not Assessable * R $ 1,891.93 $ 1,891.93
Subtotal M+S ~ $ 10,721.06
Estimated loterest for non- refunded amounts* 6% $ 643.26
Subtotal T+ $ 11,364.32
Adjustment (Roundin for Assessment Roll) $ (0.50)
TOTAL FIRST YEAR'S ESTIMATED COSTS (W + ~ $ 11,363.82
ASSESSMENT CALCULATION -- Applying the Method of Assessment and Assessment Spread described above,
the following formula is used to determine the assessment amount per Assessment Unit:
Total Costs =Total Assessment Units =Cost per Assessment Unit
Thus
$11,363.82 _ 164.97 = $68.88 per Assessment Unit per year.
7
~ngineers Report - AD 1045
ENGINEER'S STATEMENT
This Report, together with the Assessment District Boundary Map, Assessment Diagram and Proposed
Assessment Roll has been prepared and is being filed pursuant to and in compliance with Chapter 12.90 of the
San Bernardino Municipal Code and also in compliance with the requirements set forth in Article XIIID of the
California Constitution for the establishment of Assessment District No. 1045 (Waterman Avenue and Orange
Show Road Aren Landscape Maintenance Assessment District).
Date
_ ~ ~C~cclc- ctart~~~M
Mark Lancaster, Deputy Director/City Engineer
~ngineers Report - AD /045
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"
rnvrvxu Haaeaamtrv -
DISTRICT NO. 1045
CITY OF SAN BERNARDINO
'»''~ ~~' DEVELOPMENT SERVICES DEPARTMENT
Suk w REAL PROPERTY SECTION
indicates un-incorporated areas within Citys
Sphere oflnfluence
VICINITY MAP
Proposed Landscape Maintenance
Assessment District No. 1045 -
Waterman Avenue and Orange Show
Road Area (Tract No. 17972)
Created by: Ryan sandoval ~ Date: 2/6/07
EXHIBIT "1"
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EXHIBIT "3"
CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT
NOTICE OF EXEMPTION
FROM: CITY OF SAN BERNARDINO TO: OFFICE OF PLANNING AND RESEARCH
DEVELOPMENT SERVICES DEPARTMENT 1400 TENTH STREET, ROOM 121
300 N. "D" STREET SACRAMENTO, CA 95814
SAN BERNARDINO, CA 92418
X COUNTY CLERK
COUNTY OF SAN BERNARDINO
385 NORTH ARROWHEAD AVENUE
SAN BERNARDINO, CA 92415
Project Title: ASSESSMENT DISTRICT NO. 1045
Project Location-Specific: TRACT No. 17972 -- WATERMAN AVENUE b ORANGE SHOW ROAD
AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
Project Location-City: SAN BERNARDINO Project Location -County: SAN BERNAROINO
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 t Status: (check oneJ
Ministerial (Sec. 21080(b)(1); 15268);
^ Declared Emergency (Sec. 21080(b)(3); 15269(a)-;
^ Emergency Project (See. 21080(b)(4); 15269(b)(c)-;
~J Categorical Exemption. State type and section number: Class 1 15301(c) Res.90-217.Sec. 82c
^ Statutory Exemptions. State codo 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 Code/TelephonelExtension: (9091 384-5226
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by fhe public agency approving the projects ^ Yes ^ No
Date: Titre: Real Property Specialist
® Signed by Lead Agency ^ Signed by Applicant Date received for filing at OPR:
EXHIBIT ~~4~~ PLAN10.05 (5.90) Rev ENG (5-97) Ppe 1 of i
' CITY OF SAN BERNARDINO
PROPOSED -
2007 / 2008 ASSESSMENT ROLL - AD 1045
WATERMAN AVE AND ORANGE SHOW ROAD AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
Assessment No.
Parcel No. or Lot No.
Assessment Amt.
1 TR. 17972 Lot-I $907.84
2 TR. 17972 Lot-2 $516.60
3 TR. 17972 Lot-3 $529.00
4 TR. 17972 Lobo $441.52
5 TR. 17972 Lot-5 $779.03
6 TR. 17972 Lot-6 $933.32
7 TR. 17972 Lot-7 $737.02
g TR. 17972 Lot-8 $437.39
9 TR. 17972 Lot-9 $370.57
10 TR. 17972 Lot-10 $370.57
I I TR. 17972 Lot-ll $303.76
12 TR. 17972 Lot-12 $762.50
13 TR. 17972 Lot-13 $1,766.77
14 TR. 17972 Lot-14 $1,266.70
IS TR. 17972 Lot-15 $1,241.22
TOTALS: 15 Parcels $11,363.82
tons i zoos EXHIBIT "5" r.~ t oe 1
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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 WATERMAN AVENUE AND ORANGE SHOW ROAD 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.1045; 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
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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. 1045,
Waterman Avenue and Orange Show Road 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
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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. 1045, the boundazies of which are generally as follows:
The west line of Waterman Avenue on the west; and the northerly, easterly, and
southerly boundary of Tentative Tract No. 17972 on the north, east and south
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 boundazies of said district, a description of the maintenance, an estimated cost
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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 WATERMAN AVENUE AND ORANGE SHOW ROAD AREA ...
ASSESSMENT DISTRICT NO. 1045; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING.
of the maintenance, and a proposed assessment roll which Report and Assessment District Map aze
hereby preliminarily approved.
SECTION 2. I[ is the intention of said Mayor and Common Council to order
improvements within the district, which improvement shall consist of, but aze not limited to, the
maintenance of Landscaping and all appurtenances along portions of the easterly side of Waterman
Avenue and the median in Waterman Avenue adjacent to Tentative Tract 17972. The estimated
cost of said maintenance for the first yeaz, including incidental costs, less general benefit amounts,
is $11,363.82.
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 chazgeable upon the district, which district is hereby declazed 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. 17972, aze 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
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assessed against each particulaz 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
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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 WATERMAN AVENUE AND ORANGE SHOW ROAD AREA ...
ASSESSMENT DISTRICT NO. 1045; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING.
each pazcel.
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 yeaz 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 ofpre-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 yeaz 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 aze 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 Repoli for
full particulars.
SECTION 6. NOTICE IS HEREBY GIVEN that a public meeting will be held before the
28I I Mayor and Common Council of the City of San Bemazdino on Monday, April 16, 2007, at the hour
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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 WATERMAN AVENUE AND ORANGE SHOW ROAD AREA ...
ASSESSMENT DISTRICT NO. 1045; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING.
of 4:00 p.m., and that a public hearing will be held on Monday, May 7, 2007, 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
heazing, 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 Bernazdino, California, 92418, prior to 4:00
p.m., May 7, 2007. Each protest must be signed by the owners thereof and must contain sufficient
information to properly identify said property. No action will be taken to approve the formation of
the district until the conclusion of said public hearing on May 7, 2007. 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.
If by the conclusion of said public hearing on May 7, 2007, protests have been filed and not
withdrawn by property owners representing over 50% of the assessment units to be assessed, or
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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 WATERMAN AVENUE AND ORANGE SHOW ROAD AREA ...
ASSESSMENT DISTRICT NO. 1045; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING.
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 boundazies 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 Bemazdino 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
Bernazdino 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 WATERMAN AVENUE AND ORANGE SHOW ROAD AREA ...
ASSESSMENT DISTRICT NO. 1045; 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
Cornmon Council of the City of San Bemazdino at a
meeting thereof held on
the day of , 20 , by the following vote, to-wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this day of
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PATRICK J. MORRIS, Mayor
City of San Bemazdino
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Approved as to form:
ES F. PENMAN, City Attorney
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