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HomeMy WebLinkAbout13-Development Services . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION . . From: Valerie C. Ross, Director Subject: Authorization to Proceed and Resolution of Intention--- Formation of a Landscape Maintenance Assessment District in the Olive Avenue and Belmont Avenue Area (Tract No. 17396). Dept: Development Services Date: April 25, 2007 File No. 14.40-154 Synopsis of Previous Council Action: 06/13/06 - Tract No. 17396 was approved, with conditions. MCC Date: May 21. 2007 Recommended Motion: 1. That the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment ofa Landscape Maintenance Assessment District in the Olive Avenue and Belmont Avenue area (Tract No. 17396), to be known as Assessment District No. 1051; AND 2. Adopt Resolution. ~(/,~ Valerie C. Ross 5328 Contact person: Jearme'marie Fitzpatrick, Real Property Phone: Staff Report, Maps, Supporting data attached: Engineers Report, Reso. Ward: FUNDING REQUIREMENTS: Amount: $5900.00 (Processing fees paid by applicant) 5 Source: (Acct. No.) 254-000-2301-6042 (Acct. Description) Assessment District Deposits Finance: Council Notes: Agenda Item No. /3 5"/J.J/07 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION . Staff Report SUBJECT: Authorization to Proceed and Resolution of Intention--- F onTIation of a Landscape Maintenance Assessment District in the Olive Avenue and Belmont Avenue area (Tract No. 17396). BACKGROUND: On June 13,2006, Tract No. 17396, located on the east side of Olive Avenue and the south side of Belmont Avenue was approved. On December 21,2006, Delgado Developers Inc., the owner and developer of the tract, submitted a letter requesting the formation of a landscape maintenance assessment district, as one of the conditions of approval for the tract. The formation of the 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 district will be based upon the benefit received. The area to be maintained by the district will be a strip of landscaping (3 feet x 230 feet) along the east side of Olive Avenue and adjacent to Lots 13 and 14 of this tract. The developer has paid the required $5,900 formation fee. . Tract No. 17396 consists of 14 single-family lots. The annual cost of maintenance and incidentals will be spread across these 14 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 set forth in the Engineer's Report, the estimated total annual assessment for this district is $1905.26, which will be spread across the 14 lots. The estimated annual assessment per lot is $136.09. Olive Avenue is a local street, thus there is no general benefit determined. All of the maintenance costs will be assessed to the district. The attached Resolution of Intention sets a public hearing for July 16,2007, 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 are weighted proportionally to the amount of the proposed assessment for each parcel. The owners of record will be given mailed notice of the public hearing, along with an Assessment Ballot form. Presently, all ofthe properties within the District are currently under one owner and no protests are anticipated. Future property owners will purchase the units subject to the Assessment District and will be given disclosure of the District and assessments by the developer or subsequent property owners, as required by law. FINANCIAL IMPACT: None. Applicant has paid the $5900 processing fee and all subsequent work carried out in the district will be assessed back to property owners. . RECOMMENDATION: Staff recommends that authorization be given to proceed with the formation of a Landscape Maintenance Assessment District in the Olive Avenue and Belmont Avenue area (Tract No. 17396) and that the attached Resolution ofIntention be adopted. LOCA TlON OF PROPOSED ASSESSMENT DISTRICT NO. 1051 ~~/~~ .. Highland Ave. Base Una St. 5th 51. Mill 51. .. . . o .K VICINITY MAP :J . CITY OF SAN BERNARDINO OEVELOPMENT SERVICES OEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1051 - Olive Avenue and Belmont Avenue Area (Tract No. 17396) ~ indicates un-incorporated areas within City's ~ Sphere of Influence Created by: Ryan Sandoval Date: 2/28/07 e e e ~ ~i ,. hIt f~ III 'j~~'ll . II J..i:~'I~;~!i :" au Ii! I' ; . fl'~'",~"! J! i.21;.Il1 a ~. !l. ~ i -~~~J ~J f " .!c 'J" o' Z .. lii i : " . 0"' I " ~. ~~ ;ah r ) ~ I ~t !h~l t" ~i ~& Ji~;l Sol . . 1 ~ .... In => .... ~g ~p., <U "';2 Cl~ p.,rIl " Z ... ~Cl ~p., rIlZ rIl~ ~~ rIlrll rIlrll <~ rIl rIl < o z t;~ ~ - i:i "'''' 1;;'" -z '" 0 < " ... ~ ~ ~ ~ :( ~ ~ ... '" z ~ o ~ 8 :; :; . :::I U 0 '" Z i!: o ~ c ~ "'!::! '" ~ i:i " < '" ~ ~ '" ;> '" Z < .. < w. -< v.I ;> U ~ ::i gs ~ o z... < - ~ u '" " ... i!: I I + I r . I ! . . ~l ~l ~ I ~ L 1 ~I' s ..... ~I .I. 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L '" o~ ~L a:!zo oe(wOO Zii:2 a:oo w~'" ED '" a; ~~~ (1)00 u....::J offi~ i:i!!o. -~ Ow o 12 I I i! ! .nIli '" "eJ h <It; !< - ~ ~ ~~!< ~~'" "'u~ ,,~~ ~~~ ~~ ;>", :3< o I I I :~8 I H~ IH <il W ffi II ~ ~ ""I " ~ ~ ~ ~~ ~ I ~ ig ~ ~ ~ t:; Z o . ;; . e e ENGINEER'S REPORT for ASSESSMENT DISTRICT NO.IOSI (Olive Avenue and Belmont Avenue Area Landscape Maintenance Assessment District) CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA File No. 14.40-154 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION Prepared April 24, 2007 e:ngineer'S Report-AD 1051 ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1051 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 e 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. 1051, 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 e ~ngineer's Report - AD J 05 J CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS /ENGINEERING DIVISION ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1051 (Olive Avenue and Belmont Avenue Area Landscape Maintenance Assessment District) PETITION -- On December 21, 2006, a petition was received from Delgado Developers Inc. for the establishment of an assessment district for the maintenance of landscaping within portions of Tract No. 17396. 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. 17396 by the City to relieve the City from having to maintain the areas of landscaping. A UTHORIZA TION -- On , 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 A'roceedings for the formation of Assessment District No. 1051 (Olive Avenue and Belmont Avenue Area -'andscape 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 December 21, 2006, pursuant to Section 12.94.030 of the Municipal Code, the developer deposited $5,900.00'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 no maintenance will be carried out on private property. DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained include landscaping and all app!ll1enances along a 3 feet by 230 feet strip ofland lying on the east side of Olive Avenue and adjacent to Lots 13 and 14, all within Tract No. 17396. 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. e ~ngineer's Report-AD 1051 DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the Assessment Boundary Map of Assessment District No. 1051 and are generally described as follows: The centerline of Olive Avenue to the west and the northerly, easterly and southerly boundary lines of said Tract No. 17396 to the north, east and south respectively. VICINITY MAP -- A vicinity map showing the general location of the proposed Assessment District is attached as Exhibit "I". DISTRICT BOUNDARY MAP -- A proposed District Boundary Map has been prepared and is on file in the office of the City Clerk. A reduced copy of the District Boundary Map is attached as Exhibit "2". DISTRICT DIAGRAM -- A proposed Diagram of the Assessment District has been prepared and will be filed with the City Clerk after preliminary approval of this Report and will be filed with the County Recorder and recorded in the office of the City Engineer after final approval of this Report, confirmation of the Assessment Roll and Resolution Ordering Work. A reduced copy of the Assessment District Diagram is attached as Exhibit "3". NOTICE OF EXEMPTION -- 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 a:>istrict. No further environmental proceedings wilrbe necessary. A copy of the Notice of Exemption is attached ~ 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 f~ly 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: e 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. e:ngineer'S Report - AD 1051 2. Areas of maintenance that front on seconda" 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 estimates for the various street classifications. This portion of Olive Avenue is currently classified as a local street and 100% of the maintenance along this street is assessable to the District. Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception of public right of way, which is not subject to assessments. There are no publicly _wned parcels within the boundaries of the District. METHOD OF FINANCING -- The estimated cost of the first year's maintenance shall be assessed against the properties involved within the current fiscal year or the fiscal year following the establishment of the district. Depending upon when the costs are assessed and when the actual maintenance is assumed by the City, this assessed amount can be used as a source of pre-funding the first year's maintenance contract and incidental costs. Once the City has assumed the responsibility for the maintenance, the properties may be assessed in advance each year thereafter to establish a source of pre-funding each year's costs, or may be assessed for the actual contract and incidental costs plus interest. Interest will be included in the assessment costs for any amounts or portions not pre- funded through previous assessments. If there is a surplus from the estimated assessment in the event costs are pre- funded through previous assessments, any such surplus shall be applied as a credit to the following year's assessment or placed in a reserve fund to cover future increases or maintenance until such reserves are depleted. The assessment, whether pre-funded or not, shall be levied, collected and enforced in the same manner, at the same time, and with.the same penalties and interest as in the case of taxes levied for property taxes. Table 1 sets forth the estimated costs of the first year's maintenance. No Bonds will be sold relative to this Assessment District. ASSESSMENT SPREAD -- The amount of each Assessment Unit is determined by dividing the total maintenance costs, including all incidentals, by the total number of assessment units, as determined by the above Method of Assessment Each parcel in the district is then assessed based upon the total number of Assessment Units calculated for that parcel. .. ASSESSMENT ROLL -- Presently there are 14 single family parcels within Tract No. 17396, with each ~arcel representing 1 assessment unit as described under Method of Assessment, and assessments are spread ~ngineer's Report - AD 1051 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 14 parcels within Tract No. 17396 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 determining the assessments as described is applied. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, such reapportionments do not require the recording of an amended Diagram Map. F:UTURE INCREASES -- Due to the nature of landscape maintenance, it is anticipated that there will be future increases in assessments as contract, labor, water and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Orange County-Inland Empire area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed, exceed 5% without a majority approval of property owners in the district. e e e:ngineer's Report - AD 1051 A B C D E F G H , J K L M e N 0 P TABLE 1 ESTIMATED FIRST YEAR'S COST SUMMARY Assessment District No. 1051 (Olive Avenue and Belmont Avenue Area Landscape Maintenance Assessment District) DescriptJon afCosts o uantily Unit Cost/Unit Annual Cost MaiDte...u of Grouadcover ISbrubs/trri"ltioD 690 So.Ft. 0.15 $ 103.50 MIIDtnlau of thin aiD. .ru - So.Ft. 0.05 $ - Maiott.IDCe of bardsuDe aad trail - So.Ft. 0.05 - TOTAL AREA OF MAINTENANCE IA+BI 690 So.Ft. - - M .illle.aace of Trees Ilrrh!'IUoD I L.S. 1 000.00 $ 1 000.00 W Iter lad EDen\' COlts 690 So.Ft. 0.10 $ 69.00 Weekly hUDutioD lIabor overhead} ITotal AnDuII Unl I Hours 30.00 $ 15.00 Ana.11 Anmt. [..iaeerl.. nabor+overbudl 2 Hours 33.00 $ 66.00 CODtract Admin.tratioa lIabor+overhud) 2 Hours 22.00 $ 44.00 lacideatal. (materl.ls, supplies, otber co.t.) I L.S. 100.00 $ 100.00 O.tside Departmeat Services nabor+overbud) I L.S. 400.00 $ 400.00 Sublol.IIA lb.. KI $ I 191.50 Estimated hterut for Doa.prdaaded Imooll"* 6 % $ 101.85 Sa biotal L+Ml $ I 905.35 Adjutmeat IRoDadla.. for Assessment Roll) $ (0.09 TOTAL FIRST YEAR'S ESTIMATED COSTS IN+O) $ 1,905.26 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 arnount per Assessment Unit: e Total Costs + Total Assessment Units = Cost per Assessment Unit thus 1,905.26 + 14 =$136.09 per Assessment Unit per year __ngineer'S Reporl- AD 1051 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. 1051 (Olive Avenue and Belmont Avenue Area Landscaoe Maintenance Assessment District) Date ~Li!!- e Mark Lancaster, P.E., City Engineer 'e ~ngineer'S Report-AD 1051 e e 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" -I I e /;; ;:c:/: -/'/:~~ LOCATION OF PROPOSED ASSESSMENT DISTRICT NO. 1051 Base Line St 5th St MiUSt. t ~ J ., . . J{ VICINITY MAP. w ::I . CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAl PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1051 - Olive Avenue and Belmont Avenue Area (Tract No. 17396) ~ indicates un-Incorporated areas within City's ~ Sphere of Influence Created by: Ryan Sandoval EXHIBIT "1" Date: 2/28/07 . It It ... 0 ~ ~ ~ 0 ~ ~m '"'z i!!6~ ~ ~ zl-rn 8~ ~n =lE-' 0 <( 8 E-<C'-l ~tlo ~8 iH ~S~n ~ ~ ~ ~~ C'-l C'-l 2: r!l 0 C'-l ~ c: ~~ -< _ -'u C'-l "' C'-l i: -< i!i G ~------ I I r :1' "'~!I 'A~~ , I : --'~~ - -- I ~,., "' ~: , I I .. . j. : : 1 I t----------11 ~i ~j r--...---t--'""-l ,~! ., ~ :~ ~l'l '" 1 "' I: I~~----------l ~-...---+--,""-~ ,Ii ~ j - -- I il ~ i ":: 1~1-------- I ~~ , . , I, 0 ,I! -". ' I ,.... II ~ o:! I. ---+;'':;';'''1' .,. Ii'. ~~ - ~ ~\\~~__~ ~~j_ l>_ :::E I ~~ ~ ~"J ,~ ~, ~~ ~ i -\-"'-_ ~ ~Ii ~.- ~~ ~ ~, " ........ -":;i~ I ~ntJ. \ --'- L~: ..,. , 1")... ~::I . ,. .~ \~. \ , S ~ . --'!:!!!",---':'\..--"'"-. ' - .-- 3- 3nNffA V' ~ 311110 . ""'- '3 - 1 , i ~ ! .. bl 00 : i I : ! "6"5 1''8 if a~ ~ I i! !. ~s I , + w t-j nil. :;1. h~a ",' P'! lii~ II r~J. :.0. hiS '. fi H?! ~ ,0 Hol: ~ ~]~~ . '1. " ! is) !~I'~ f.Mr J- f diU J I 11 QI'f1.JO UJ'(dlON 6l'I-lillI/9~1 '8f'! OttO' ION o!iL ~ I J ~s "3 h I I:, . J. II J t wJ ~ ! i o. . i llill, J J II J ,H ! !fL, !i! · , Ig ~ 14 Ul ow "' ~ Olj I ! ~~~ ~~o . ~1ll~ ~u 1Il~~ t,,, ~~ "!l~ ~~o ~~~ U.lfi ill ~,,~ OJ!'' <(::J ~!Ii" ~~ CJ~ 6~ 0"'1 .JO UJ'fd 10101 I I 6l1-gtl/~1 -8-" 1>>'tOI 'ON.!U . I I I I . Ii ~I II EXHIBIT "2" ~..' l t Jfll.1i III hWlhU)! ;6!~ lj~ I I !h.a'J2' ! ~IHII ~ flj!'! · il ~! il)!tf j J ~ I ~~ f H. t ~J ~i ~6 _ ~l; ~,I! . i~'21itlfi i I i II Ii it II Iii iiUI. I 62 H l! Iii I ~ igllIl2~ I ~!. i ~i ,I, Ih h, i! dO ! ~~ I!gll~ lig dO ;1 I ~i. ~ilil!.llj ~I e i , & ! I O2 l < e e .... I('l = .... ~g ~E-o ;$U ~;! E-o~ . Z ... f;lil~ ::!:E-o rLJZ rLJf;lil f;lil::!: rLJrLJ rLJrLJ <f;lil rLJ rLJ < ~ ti~ :; - ~ ~ E = '" Q ~ ffi i ~ ~ ~ ~ ~ i:l z ~ ~ ~ 8 -lljo ~ :z 2: Q < Q z ~ ~ < .. z '" ~ ~ " < '" ~ ~ III ;> ILl ~ -<, ~ VJ ;.l,l U '" ?: /ll'} 0 -l Q ~ o z.. jQ '" i= ~ ~ ~ I ,"'''''''''0' ~------ I 611-9l1/f61 -8-~ I O~"OII'ON HI 4. I I r -~::::.' I, -::.::::=..--.'- - -- AlerOU -1- ,ft1lll , I ; e P') i @) lD i: I i 6 ~ ~. ~ ~ 'I -.J; ''e. UJI -~...-~+---.m'-I U----~---- ~ ~~ ~l :@Ni@ on ~: 'I~ ~__~__~__-1 ~. ~ : I It: j' -~...--t--"'"-I'~! @ 0> = 1- -- I ~ e - Ie.. ~: I~I-------- h ~~ : I J. : rID ~ JIj~! J -,:-t:;l~' "(\-~~-c J _ ;, _ ~ I o~ 3. J ,.. ~ il~ ~ i --,,-"'_ @ ~ ~Ii " CIJ I ~2 ~ ~, \", !. ~~ I ~~ ~ iLJ ~ \ ~ --, ~: ..,. ~ ,."..... ~:>> 01' 10[ ~ \,-- ~-~~-- . 3nN311'V .11',.. 311110 ~ EXHIBIT "3" 0"1.JO ll:l'i'd lON I IJj I Ii I I t i ~ i! I f J 2,]- r! ~ I j · .! I ! ihd i J ~o i 4 i r ~ i ~ oS ~ g I ~h Uti ~ I ~!~ H~ w~~ ill"Q iJ ~i~1 g ClJou ~ fij I ~~~ ~ ~ I ~~..;;:; -:; ;j~ Ol!l 0 6ZI-flZl/9<;1 "S"" 01'''01 "ON I:1J :10 I Hf III ;q I ~I d! i ~ u; ! . . ... . ...L- " _ . CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT NOTICE OF EXEMPTION FROM: CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT 300 N. "0" STREET SAN BERNARDINO. CA 92418 TO: OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET. ROOM 121 SACRAMENTO. CA 95814 X COUNTY CLERK COUNTY OF SAN BERNARDINO 385 NORTH ARROWHEAD AVENUE SAN BERNARDINO, CA 92415 Project Title: ASSESSMENT DISTRICT NO. 1051 Project Location-Specific: TRACT NO. 17396 - - OLIVE AVENUE AND BELMONT AVENUE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Project Location-City: SAN BERNARDINO Project Location - County: SAN BERNARDINO Deecription 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.J!t Status: (check one) o Ministerial (Sec. 21080(b)(1); 15288); o Declared Emergency (Sec. 21080(b)(3); 15269(a)); o Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); i:X Categorical Exemption. State type and section number. Class 115301(cl 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: JEANNE'MARIE FITZPATRICK Area CodelTelephone/Extension: 19091384-5328 If filed by applicant: 1. Attach certlfied document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? 0 Yes 0 No Signature: Title: Real Prooertv Soecialisl Date received for filing at OPR: Date: li Signed by Lead Agency o Signed by Applicant EXHIBIT "4" PLAN10.05 (5-90) Rev ENG (5-97) Page 1 of 1 e CITY OF SAN BERNARDINO PROPOSED 2007 / 2008 ASSESSMENT ROLL - AD 1051 OLIVE A VENUE AND BELMONT A VENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Assessment No. Parcel No. or Lot No. Assessment Amt. o...._p_.______ TR. 17396 Lot-I $136.09 2 TR. 17396 Lot-2 $136.09 3 TR. 17396 Lot-3 $136.09 4 TR. 1 73 96 Lot-4 $136.09 5 TR. 17396 Lot-5 $136.09 6 TR. 17396 Lot-6 $136.09 7 TR. 17396 Lot-7 $136.09 8 TR. 17396 Lot-8 $136.09 9 TR. 17396 Lot-9 $136.09 10 TR. 17396 Lot-lO $136.09 II TR. 17396 Lot-II $136.09 12 TR. 17396 Lot-12 $136.09 13 TR. 17396 Lot-13 $136.09 e 14 TR. 17396 Lot-14 $136.09 ----------~-_.~_.._-~- "- ~,..~-------- ------ -..-- -- TOTALS: 14 Parcels $1,905.26 e 1051 /2007 EXHIBIT "5" Page I of I tit tit 8 9 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 tit ] I 2 3 4 5 6 RESOLUTION NO. 7 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 OLIVE AVENUE AND BELMONT AVENUE AREA WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF ]931; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1051; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A 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. 1051, Olive A venue and Belmont 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. 1051, the boundaries of which are generally as follows: The centerline of Olive Avenue to the west and the northerly, easterly and southerly boundary lines of Tentative Tract No. 17396 to 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 boundaries of said district, a description of the maintenance, an estimated cost 04/24/07 dI /.3 5'cl..',07 e e e 1 2 3 RESOLUTION ... PRELIMINARILY DETERMINI"G THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTDiANCE ASSESSMENT DISTRICT LOCATED IN THE OLIVE AVENUE AND BELMO:'llT AVENUE AREA... ASSESSMENT DISTRICT NO. 1051; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. 4 i i 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of the maintenance, and a proposed assessment roll v.luch Report and Assessment District Map are hereby preliminarily approved. SECTION 2. It is the intention of said Mayor and Common Council to order improvements within the district, which improvement shall consist of, but are not limited to, the maintenance of landscaping and all appurtenances along a portion of the easterly side of Olive Avenue of said Tentative Tract No. 17396. The estimated cost of said maintenance for the first year, including incidental costs, less general benefit amounts, is $1.905.26. SECTION 3. Said contemplated work and improvements is of more than local or ordinary public benefit, and that said Mayor and Common Council do hereby make the expense of such work and improvement chargeable upon the district, which district is hereby declared to be the district benefited by said proposed work and improvement, and to be assessed to pay the cost and expense thereof, except as otherwise may be set forth in said Engineer's Report. All public streets or alleys, or portions thereof, within said Tract No. 17396, are hereby excepted from said assessment, as set forth in said Engineer's Report. SECTION 4. The assessment benefit procedure to be followed and the amount to be assessed against each particular parcel will be based upon the basis of a single residential unit being one assessment unit and the percentage of costs will be assessed proportional to the percentage of the total assessment units on each parcel as it relates to the total number of assessments, actual or by formula, within the district. Reference is hereby made to said Engineer's Report, on file in the office of the City Clerk of said City, for full particulars and proposed assessment amount against each parcel. 04/24/07 2 1 , , . I 3 I 4 i 5 6 7 8 9i 10 11 12 13 14 . 15 16 17 18 19 20 21 22 23 24 25 26 ,e 27 28 RESOLUTION ... PRHIMINARIL Y DETERMINING THA T THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENA!'CE ASSESSMENT DISTRICT LOCATED IN THE OLIVE AVENUE AND BELMONT AVENUE AREA... ASSESSMENT DISTRICT NO. 1051; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PI'RLlC HEARING, SECTION 5, The assessmem 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 Engin~cr's report, shall be assessed against the properties involved within the current fiscal year or the fiscal year following the eSlablishment 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 eamings 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 hearing will be held on Monday, July 16,2007, at the hour of 4:00 p.m., in the Council Chambers of City Hall, 300 N. "D" Street, 04/24/07 3 . . 18 19 20 2] 22 23 24 25 26 . 27 28 ] 2 3 4 5 6. 7 8 9 ]0 ]] 12 ]3 14 15 16 RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTDIANCE ASSESSMENT DISTRICT LOCATED IN THE OLIVE A VENUE AND BELMONT A VENUE AREA ... ASSESSMENT DISTRICT NO. 1051; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. 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 193 I and whether the Mayor and Common Council should proceed with ordering the above described improvements. At said 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, 924 18, prior to 4:00 p.m., July 16, 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 July 16, 2007. All property 17 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 ,hown 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 b<lllots 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 July 16,2007, protests have been filed and not withdrawn by property owners representing over 50% of the assessment units to be assessed, or ballots returned representing over 50% of the assessment amount of the returned ballots, these proceedings shall be abandoned and no assessments shall be imposed. 04/24/07 4 I , e e e 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 OLIVE AVENUE AND BELMONT AVENUE AREA ... ASSESSMENT DISTRICT NO. 105t; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING '10TICE OF A PUBLIC HEARING. Additional information may be obtained by contacting the Department of Development . Services, Real Property Section, at (909) 384-5328 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. /II //1 04/24/07 5 e e e 1 2 3 4 5 RESOLUTION ... PRELIMINARILY DETERMINJ'l/G THAT THE PUBLIC CONVENIENCE AN:. NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENl DISTRICT LOCATED IN THE OLIVE A VENUE AND BELMONT A VENUE AREA .. ASSESSME'\T DISTRICT NO. 1051; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the \1ayor and 6 Common Council of the City of San Bernardino at a 7 the day of meeting thereof held on , 20_, by the following vote. to-wit: NAYS ABSTAIN ABSENT 8 Council Members: A YES 9 ESTRADA 10 11 12 13 14 15 16 17 18 19 BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk 20 The foregoing resolution is hereby approved this _ day of 21 22 23 24 25 26 27 28 Approved as to form: 04/24/07 ,20_, PATRICKJ. MORRIS, Mayor City of San Bernardino 6