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HomeMy WebLinkAbout14-Development Services e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Authorization to proceed and Resolution of Intention - proposed Landscape Maintenance Assessment District in the Pine Avenue and Redwood Street area (TT 17716). Dept: Development Services Date: April 26, 2007 File No, 14.40-150 Synopsis of Previous Council Action: 01/24/2006 - Tentative Tract No. 17716 was approved with conditions. MCC Date: 05-21-2007 02/20/2007 - Resolution No. 2007-46 was adopted, authorizing the acknowledgement of a lease agreement for landscape purposes across Metropolitan Water District property adjacent to Tentative tract No. 17716. Recommended Motion: I. That the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment ofa Landscape Maintenance Assessment District in the Pine Avenue and Redwood Street area (Tract No. 17716), to be known as Assessment District No.1 055; AND e 2. Adopt Resolution. ~().~ Valerie C. Ross Contact person: LASZLO "Les" FOGASSY Phone: 5026 Supporting data attached: Staff Report, Maps, Res. Ward: 5 FUNDING REQUIREMENTS: Amount: $5,900 (Processing fee paid by Developer) Source: (Acct. No.): 254-000-2301-6048 (Acct. Description): Assessment District Deoosits Finance: Council Notes: e Age"d' Item No. -1o/l-l/ 07 . . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Authorization to proceed and Resolution ofIntention : proposed Landscape Maintenance Assessment District in the Pine Avenue and Redwood Street area (TT 17716). BACKGROUND: On January 24,2006, the Planning Commission approved Tentative Tract No. 17716, located easterly of Pine Avenue and northerly and southerly of Redwood Street in the Verdemont area. Pine Trails Partners, LLC, the owner/developer of this tract, is proposing to subdivide 13.7 acres of land into 39 single family residential lots, with a minimum lot size of 10,800 square feet. One of the conditions for this development is the formation of a Landscape Maintenance Assessment District. The 100 foot strip of vacant land to the west of the tract is to be included in the District. The easterly 40 feet of this strip is within the tract boundaries and is encumbered by an easement to San Gabriel Valley Water District. San Gabriel V alley Water District has consented to the installation and maintenance of landscaping for this area without the requirement of a lease or compensation for its use. The remaining 60 feet is owned by the Metropolitan Water District of Southern California (MWD) for water transmission lines. MWD has consented to the installation and maintenance of landscaping conditioned on the execution of a lease agreement. On February 20. 2007, Resolution No. 2007-46 was adopted, acknowledging a lease agreement between MWD and Pine Trails Partners. The lease was executed on March I, 2007. Once the landscaping is installed by the developer and accepted by the City, after the developer's maintenance period is completed, the lease will be assigned to the City and paid for through the Assessment District. The lease amount is $2,325 per year, subject to an annual increase based on the Consumer Price Index (CPI), not to exceed 5%. Increases have been provided for in the Engineer's Report and will not need property owner approval. Tract No. 17716 will be served by an existing sewer lift station located southerly of the development and the proportionate annual maintenance costs for the lift station, estimated to be $1,446, will also be included in the annual assessment amount. The estimated costs for all maintenance and incidental expenses, less general benefit amount, is $36,972. The estimated initial annual assessment per lot is $948. The portion of the landscape maintenance costs determined to be a general benefit. which will have to be paid for from the general fund, is estimated at $3,712 per year. The attached Engineer's Report contains the full details regarding maintenance costs, assessment determination and assessment spread and is attached for your review. The attached Resolution of Intention preliminarily approves the Engineer's Report and sets a public hearing for July 16,2007. The property owner ofrecord will be sent a notice of the hearing along with an assessment ballot. Since all of the properties within the District are currently under one ownership, no protests are anticipated. Future property owners will purchase the units subject to the Assessment District and will be given disclosure of the District and assessments by the developer or subsequent property owners, as required by law. . . . Staff Report - Continued FINANCIAL IMP ACT: The applicant has paid the $5,900 processing fee. Estimated costs of annual maintenance in the amount of $36,972, 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$3,712, deemed to be a general benefit, will need to be paid from the general fund. RECOMMENDATION: Adopt Resolution. . LOCATION OF PROPOSED ASSESSMENT DISTRICT NO. 1055 No Scale 5th SI. Mill SI. i .. S ~ G "- Oran e Show Rd. ~ "' . . o VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1055 - Pine Avenue and Redwood Street Area (n. 17716) Created by: LOf:>z/o F oqOf:>f:>Y Date: O"f-/~r01 ~ indicates un-incorporated areas ~ within City's Sphere of Influence e ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1055 PINE A VENUE AND REDWOOD STREET AREA LANDSCAPE AND SEWER LIFT STATION MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO Iff; iJ i I 3... l , ' , , ' , , ' , n"'..-'i......~_....~_.....- t i.. ill ! . . e ~ (!) ~ 'I , <b: : ..: 0 ___...... \o,.y...., "'\ 17 -, i~ ~; .. 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I'IAfOIfctlfOCD"IJOOI(JOf IW'S,PA/ifI, _"lIDOr'OfPCCOIIll5OfllJll"Y.P.a:Jl."-~Of PCCGOIIlSOfSAJo<II:_CIUIty - ~ JfT-' '\ ~ '\ ..-...- A UfI.....I\.GlMT,. ~ '-....a.'-..'I s.n a.m.ntno COurrty ~ c.Iba Tl1II IMp llII.been IIlld undwDcal"*,, ..- ... diIy~ 20 ,III .mln Book ------of ~ - .~.IIII11e~of InIlw~oIS -- AiKIIor-C-.......iR>.-~ Caunlyofs.nllenwdnll '" ,,-,- tit ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1055 (Pine Avenue and Redwood Street Area Landscape and Sewer Lift Station Maintenance Assessment District) in the CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA tit File No. 14.40-150 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION tit Prepared April 16, 2007 I Wngineers Report-AD 1055 ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1055 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. 1055, 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 e CITY CLERK City of San Bernardino __ngineers Report- AD 1055 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1055 (Pine Avenue and Redwood Street Area Landscape and Sewer Lift Station Maintenance Assessment District) PETITION -- On June 16. 2006 a petition was received from the owner or the developer representing the owner of property within the proposed assessment district for the establishment of an assessment district for the maintenance oflandscaping and relative to the proposed development within Tentative Tract No. 17716. located on the east side of Pine A venue, north and south of Redwood Street. 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. 17716 by the City to relieve the City from having to maintain the areas of landscaping. Additionally, the City is requiring that the assessment district include the pro rata share of maintenance costs of an existing sewer lift station that will serve this tract. e AUTHORIZATION -- On , by action of the Mayor and Common Council of the City of San Bernardino, the City Engineer and City Clerk were authorized to initiate proceedings for the formation of Assessment District No. 1055 (Pine Avenue and Redwood Street Area Landscape and Sewer Lift Station 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 COUllcil of the City of San Bernardino on the day of ADVANCE OF ESTIMATED COSTS OF PROCEEDINGS -- On June 30, 2006. pursuant to Section 12.94.03.0 of the Municipal Code, the developer dep05ited $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 area to be maintained will be within City owned property. dedicated right of way. within easements granted to the City. or within property leased by the City for maintenance purposes and no maintenance will be carried out on private property. DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained include. but are not limited to the following: a) Landscaping and all appurtenances within portions of Lot A and Lot B of Tentative Tract No, 17716 and within .roperty leased by the City on behalf of the Assessment District. Lots A and B will be granted to the City in fee 3 e:ngineerS Report -AD 1055 when the final map for Tract No. 17716 records and is encumbered by an easement to San Gabriel Municipal Water District, which will not adversely affect the City's ability to carry out landscape maintenance operations. San Gabriel Valley Water District has given their written consent to carry out the maintenance of landscaping across these lots. The 60 foot strip of land adjacent to and westerly of Lots A and B are owned in fee by the Metropolitan Water District of South em California ("MWD"). MWD has agreed to lease the property to the City for the purpose of landscape maintenance. The initial lease rate is to be $2,325 per year and subject an increase every two years based on the Consumer Price Index ("CPI"), but not to exceed 5%. In the event of a reduction in the CPI, the lease rate shall not be less than the initial rate stated herein. In the event the lease is terminated by MWD, no further maintenance will be carried out by the Assessment District within MDW's property and future assessments will be adjusted accordingly. 2). The pro rata share of maintenance cost for an existing sewer lift station located at the comer of Christine Street and Christopher Street, which will also serve the 39 lots within this tract. The maintenance costs of the lift station are currently being paid for by an existing Assessment District consisting of 335 lots that is being served adjacent to this tract. The rate to be paid by the additional 39 lots will be proportional to the total number of lots being served by the lift station. Thus the District will pay 39/374ths, or 10.43%, of the total costs of maintenance, which will then be spread across the 39 lots. The estimated costs associated with the various items of maintenance are shown in Table 1. tit PLANS AND SPECIFIC A TIONS --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. DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the Assessment Boundary Map of Assessment District No. 1055 and are generally described as follows: Ohio Avenue to the north, Belmont Avenue to the south, Pine Avenue to the west and the easterly boundaries of Tentative Tract No. 17716 to the east, together with Lot A-A of Tract No. 13036, which contains the sewer lift station. VICINITY MAP -- A vicinity map showing the general location of the proposed Assessment District is attached as Exhibit" 1 ". 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 ofthe 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 .nd will be filed with the Clerk of the Board of Supervisors of San Bernardino County upon formation of the 4 W'ngineers Report-AD 1055 District. No further environmental proceedings will be necessary. A copy of the Notice of Exemption is attached as Exhibit "4". METHOD OF ASSESSMENT AND DETERMINA TION OF BENEFIT -- Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties in the area is 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 (I residential lot or unit = I 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 givt;n 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 enlY and are 100% assessable to the parcels within the boundaries of the assessment district. except as follows: I. Areas of maintenance that front on ma lor arterial streets, as determined by the Circulation Plan of the City's General Plan, are determined to be 15% general benefit and the proportional costs thereof are not assessable to the District. 2. Areas of maintenance that front on secondary arterial streets, as determined by the Circulation Plan of the City's General Plan, are determined to be 10% general benefit and the proportional costs thereof are not assessable to the District. 3. Areas of maintenance that front on collector streets, as determined by the Circulation Plan of the City's General Plan, are determined to be 5% general benefit and the proportional costs thereof are not assessable to the District. 4. Areas that front on local streets are determined to be 100% special benefit and are 100% assessable to the District. These percentages are based on the traffic circulation for the various street classifications. Pine Avenue is classified as a secondary arterial street. The landscape maintenance area along Pine Avenue is 100% of the total landscape maintenance area within the District. Pursuant to the above _etermination of benefit, 10% of total costs of maintenance will NOT be assessed to the District. This general _enefit portion of these costs will need to be funded from the City's General Fund or other non-district source of 5 Wngineers Report-AD 1055 funding. The special benefit and general benefit costs are shown in said Table I. Only the special costs may be assessed 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. The various publicly owned lands within the district, including City owned lots and property owned by MWD will not be assessed, since these parcels will not be developed and thus receive no benefit from the proposed maintenance. 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 eime, and with the same penalties and interest as in the case of taxes levied for property taxes. Table I sets forth the estimated costs of the first year's maintenance. No Bonds will be sold relative to this Assessment District. ASSESSMENT SPREAD -- The amount of each Assessment Unit is determined by dividing the total maintenance costs, including all incidentals, by the total number of assessment units, as determined by the above Method of Assessment. Each parcel in the district is then assessed based upon the total number of Assessment Units calculated for that parcel. ASSESSMENT ROLL - There will be 39 single family parcels within Tract No. 17716, once the final map, is recorded, with each parcel representing I assessment unit as described under Method of Assessment, and assessments are spread accordingly. No further subdivision of the parcels is anticipated. An Assessment Roll representing the estimated first year's maintenance costs has been prepared for the 39 parcels within Tract No. 17716 and is shown as Exhibit "5". Any parcels remaining vacant, or not subdivided, will be assessed based on the number of single family lots that could be built pursuant to the City's existing General Plan. FUTURE APPORTIONMENTS -- In the event that the assessment units. as determined under Method of Assessment, change for any parcel(s) during the term of the Assessment District, the assessment amount for that parcel(s) will change accordingly. Any increases based solely on change in parcel size, land use or density, which would result in an increase of assessment units, will not be subject to a public hearing as long as the formula for determining the assessments as described is applied. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, such reapportionments do not require the recording of an amended Diagram Map. e 6 Wngineers Report-AD 1055 FUTURE INCREASES -- Due to the nature oflandscape 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% over the prior year without a majority approval of property owners in the district. e e 7 Wngineers Report - AD 1055 A B D E F G H I J e K L M N 0 P Q R T U V W x TABLE 1 ESTIMATED FIRST YEAR'S COST SUMMARY Assessment District No. 1055 (Pine Avenue and Redwood Street Area Landscape and Sewer Lift Station Maintenance Assessment District) Description of Costs Quamity Unit Cost/Unit Annual Cost Maintenanee of Turf I Irrigation 71,270 Sq.Ft. 0.20 $ 14,254.00 Maintenanee ofGroundeover IShrubsIIrrigation, ine1uding DGtrail 49,410 Sq.Ft. 0.15 $ 7,411.50 Maintenanee of Trees I Irrigation I L.S. 3,000.00 $ 3,000.00 Maintenanee Area Total 120,680 SQ.Ft. Irrigation Costs (water and energy) 120,680 SQ.Ft. 0.06 $ 7,240.80 Annual Lease eosts for maintenanee of MWD propertv 1 L.S. 2,325.00 $ 2,325.00 Weekly Inspection (Iabor,overhead) (Total Annual Hrs) 52 Hours 35.00 $ 1,820.00 Annual Assmt Enl!ineerinl! (Iabortoverhead) 5 Hours 40.00 $ 200.00 Contract AdJOinstration (Iabortoverhead) 15 Hours 25.00 $ 375.00 Ineidentals (materials, supplies, other eosts) I L.S. 100.00 $ 100.00 Outside Department Serviees (Iabortoverhead) I L.S. 400.00 $ 400.00 SubtotaljA thru L) $ 37,126.30 General Benefit Caleulations: Area of General Benefit 120,680 Sq.Ft. Pereent of Total Area (N I E) 100 % Subtotal (M. 0) $ 37,126.30 General Benefit Pereentage 10 % General Benefit Amount Not Assessable (P . Q) $ 3,712.63 $ (3,712.63) Pro rata share of sewer lift station maintenanee eosts I L.S. 1,466.00 $ 1,466.00 Subtotal (M+R thru 1) $ 34,879.67 Estimated Interest for non-prefunded amounts. 6 % $ 2,092.78 Subtotal $ 36,972.45 Adjustment (Rounding for Assessment Roll) $ (0.06) TOTAL F1RSf YEAR'S ESTIMATED COSTS (Z+AI) $ 36,972.39 ASSESSMENT CALCULA TJON -- Applying the Method of Assessment and Assessment Spread described above, the following formula is used to determine the assessment amount per Assessment Unit: e Total Costs + Total Assessment Units = Cost per Assessment Unit thus 36,972.39 + 39 = $948.01 per Assessment Unit per year 8 wngineerS RejJort-AD 1055 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. 1055. Date e e J~t.'!LmICi~ Eogm~' 9 . Wngineers Report-AD J055 e e List of Exhibits I. 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" 10 . . . LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1055 No Scale 5th St. Mill St. . o c o u . "- Oron e Show Rd. ~ o VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1055 - Pine Avenue and Redwood Street Area (TT. 17716) Created by: Lo=,z/o F oqo~~y Date: O"H('''01 ~ indicates un-incorporated areas ~ within City's Sphere of Influence EXHIBIT "1" e It e ASSESSMENT BOUNDARY ASSESSMENT DISTRICT NO. 1055 PINE A VENUE AND REDWOOD STREET AREA LANDSCAPE AND SEWER LIFT STA T10:'-l MAINTESANCE ASSESSMENT DISTRICT IN THE CITY OF SA:'-l BERNARDINO COLNTY OF SAN BERNARDINO ~ . ww ~ I. . lJ I I . I. i . ~ d. p. ~ ~ . . .~ i \ \ \ ~i ~ \ Ii i ~ \ ] I. II' . ~ J' . I. I! .. , / / LOC'>" nON OF ASSESSMENT Ol!.lRlCT _A.:. . :.......N&..... VICINITY MAP """""" ,,- =- CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION DRAWING NO. 11878 LEGE:"D ,,:,f' A\'r;":l:ro ","n Rr'nwoonSTRrrr ....R!'''' USDSc.\l'r:-;G A~DSEWER LIFT STATIO," \1 \1J<'TE"\"CE\SSbSME:-OT DISTRICT ~...L.. ...L...... ~SSESSMENT OISTRIC: BQUi'lOARY S"'OWN THUS . _ . EXHIBIT "2" ~_"""o'llc.",....C"~C_",""C","'s.._.... ,,,,,_..~oI_20_ R>':;;"'flCL.>oilM C<t,c_.c",o!Son~ ,......y<.""y,""'......""...-"................-"'""" """......_c1.............OoI...,""..!.;lll"".....c.l>oI~ B.~"'",eo...-.'oISO"B"""'""..."S.."'oIcm--.._ ."""''''''">'".c....C''''''''."''''''C''H'Is..n_""'''...~ ,._..."""II""'_.....o~,,,._,,.,'" :lfl ",R--".".. "" ..........,...,."....o""'""...C'"'^'\' o.<;;;;;;;;;-;;rs;:;e;,:...."""'c"...,t,S_"'~"" ....._.., a! 2C_"'_ _.....,.c.,_~.......~ ""....-.,....C""..''''''"''f..,_D..~~.. R4C>ta.Ct.>><K. c...c..",c.,,,,s..__ ___"'I7IIi_._'._. -..-~....-....... :'':=~_::~~-::'~.I-. _...._cc:um ........m_DIIIrk. -- ~~... " " "- , ',<'~~ Ie " , . ~.. (llbL " L.....tlanof~ Lift Slat!... !~.. ~." n ';('""6.'.''''''''', S~rB.."ar'MoCO<J"!yR"con;er.Ce~iI\c.">Ie Th..maOMSll<!Mr.'ed~nde'Oocvrnenl Nllmbe' l~.. d~yol 20 .~l m In Boc. ---;;; - - ~l oa;;;--- ~I tn~ reqU'!S1 c1 ,n I'e amoll"lc' ~ La"" ""_,',,,, Aco:!,I",_C,,~h>l'~"R..,.c"''''' ~w.;/yofS~r.B~rr.~'d,<IU " Oep~lyl:!eccrt:le< e e :e ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1055 PI"E A VENUE ASD REDWOOD STREET AREA LANDSCAPE AND SEWER LIFT ST A T10:-l MAINTE"AliCE ASSESSMENT DISTRICT IN THE CITY OF SAN BER"lARD"'O COUNTY OF SAN BERNARDINO L~ -~ . ~ VICINITY MAP """""'" ,,- = CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DMSIQN DRA'WING NO. 11878A LEGEt'm J'!:\f _~\T,~t:rA"n RrOwOOOSTRfTr .\RrA L\:\DSC\rl:\G A:\D SEWER UrrSTATIO;.; M.\I"TE\;.\t"CE .\SSESSME:'>.T DbTRlCT ...,....L~ ...L""," ,\SSES$MENT DISTRICT aOUNOARY 51-OWN THUS ...RE"Qf MAlNTE"ANCESHOWN THUS, ~ A$SESSM!:NT ,,"UMBERS SHOWN THUS @ Nll"'SSESSEOP..RCEL(S)SI1OWNTHUS. @ EXHIBIT "3" .,... "'....""'od'" C,,'C.... ... ....C''\'oISM>___ __~.'o'_~_ ~ACt<Et.Cl.AllIl C,.~,c...,..___ '_0..,1'"/""'''''''",,-,, ""'__u ......_Doolntl'*' 'OM......C..ols.._r.- dSonI__ _T~,__.~........... ..... C_C""...."'.... "."'_8_.._ ",..,;"g_._""...._..'d 20_1>\011.._.... ....,"""_1,................... c...."'. "-<.'wd s...._C""',,,,,,,,_,,,oI :Ill_"'__ ~')_d_.",.................,~ ,oa....Oootn"" ilAO<flC......... C"IJ'-',C.lyolSon_ R_... """""-000 0'''' C,'. Ero:;"-"'_,,",,'" . ~'TYENO"'Ef~ C...."'.S...,_ ""...'.........__a.........yor_c;c.n.....,c..unc."'.. r."f"'S...,-.......""""'.", ,-........,.....-..-of..._ _"""""""""""~oego'''''' Salda.........__'" ... ..... 111 ..... _----.;;;;;0..."........,..._..........,._;0;;;".,.,"'" otf"ocoGt"""C...f...."'...o C"l""..._"""d .20 R_..........-,.... __""'>K<nI....,;;-<>III<.oJ..C""~ ""... .__or._a......OfII_........oa."..,...... -""........-.....,.. 'VoC"El.Cl.ARI< C~C_,C"l''''__ ------'""'-.-..-. ......------- :.": = 'f{I--:.-::u....-:J.~~. -.--- .o\e...."'entCH.1rie1 ~~\ - " ~---'--L:- I \ro \ ......, I~~... s,c~~ . IlL .4llJ.- Loc:.Uo..01 Se..... LIltStal:1on I""'~.' T. ')C)6"&.'Y"~') Sa..Ber""rdlr.oCounlyRecc~....sCt",..'caIe r~,. ma~ ~u tH!@n 'lie<! ~ndIe. Oocurrenl Nurnte< tt>t. davo' 20 ,,1 BOOk ---;; - - ~1 paqe at t~e ....~uesl" nIMa~"'U~IO'S L<lffyWdll<l!i" p..$.llor.CC~I'O,J.,..R"",onl!lr Cc~ntycl5an B_ard,,", " Oep.ll/R@C(J<lje, CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT NOTICE OF EXEMPTION FROM: CITY OF SAN BERNARDINO, PLANNING AND BUILDING SERVICES DEPARTMENT 300 N. "D" STREET SAN BERNARDINO, CA 92418 TO: OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET, ROOM 121 SACRAMENTO, CA 95814 X COUNTY CLERK COUNTY OF SAN BERNARDINO 385 NORTH ARROWHEAD AVENUE SAN BERNARDINO, CA 92415 Project Title: ASSESSMENT DISTRICT NO.1 055 Project Location-Specific: TENTATIVE TRACT No. 17716- PINE AVENUE AND REDWOOD STREET AREA LANDSCAPE AND SEWER LIFT STATION 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: ExemJ?t Status: (check one) D Ministerial (Sec. 21080(b)(I); 15268); D Declared Emergency (Sec. 21080(b)(3); 15269(a)); D Emergency Project (Sec.21080(b)(4); 15269(b)(c)); ex Categorical Exemption. State type and section number: Class 1 15301(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 CodefTelephonefExtension: (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 GI Sig~ed by Lead Agency D Signed by Applicant Date received for filing at OPR: EXHIBIT "4" PLAN10.05 (5-90) Rev ENG (5-97) Page 1 of 1 . CITY OF SAN BERNARDINO PROPOSED 2007 I 2008 ASSESSMENT ROLL - AD 1055 PINE A VENE AND REDWOOD STREET LANDSCAPE AND SEWER LIFT STATION MAINTENANCE ASSESSMENT DISTRICT Assessment No. Parcel No. or Lot No. Assessment Amt. I TR. 17716 Lot-I $948.01 2 TR. 17716 Lot-2 $948.0 I 3 TR. 17716 Lot-3 $948.0 I 4 TR. 17716 Lot-4 $948.0 I 5 TR. 17716 Lot-5 $948.01 6 TR. 17716 Lot-6 $948.0 I 7 TR. 17716 Lot-7 $948.0 I 8 TR. 17716 Lot-8 $948.01 9 TR. 17716 Lot-9 $948.0 I 10 TR. 17716 Lot-IO $948.0 I II TR. 17716 Lot-II $948.0 I 12 TR. 17716 Lot-12 $948.0 I 13 TR.I7716Lot-I3 $948.0 I 14 TR. 17716 Lot-14 $948.01 15 TR. 17716 Lot-15 $948.0 I 16 TR.I7716Lot-16 $948.0 I 17 TR. 17716 Lot-17 $948.0 I 18 TR. 17716 Lot-18 $948.0 I 19 TR.I7716Lot-19 $948.0 I 20 TR. 17716 Lot-20 $948.01 21 TR. 17716 Lot-21 $948.0 I n TR..17716 Lot-n $948.01 23 TR. 17716 Lot-23 $948.0 I 24 TR. 17716 Lot-24 $948.0 I 25 TR. 17716 Lot-25 $948.0 I 26 TR. 17716 Lot-26 $948.0 I 27 TR. 17716 Lot-27 $948.0 I 28 TR. 17716 Lot-28 $948.0 I 29 TR. 17716 Lot-29 $948.0 I 30 TR. 17716 Lot-30 $948.01 31 TR. 17716 Lot-31 $948.01 '0 TR. 17716 Lot-32 $948.01 0_ 33 TR. 17716 Lot-33 $948.01 34 TR. 17716 Lot-34 $948.0 I 1055 / 2007 EXHIBIT "5" Page I of2 . . . e e Assessment No. Parcel No. or Lot No. Assessment Amt. 35 36 37 TR. 17716 Lot-35 TR. 17716 Lot-36 TR.I7716Lot-37 TR. 17716 Lot-38 TR. 17716 Lot-39 TR. 17716 Lot-A TR. 17716 LOI-B 0261-101-08 $948.01 $948.0 I $948.0 I $948.01 $948.01 $0.00 $0.00 $0.00 38 39 40 41 42 TOTALS: 42 Parcels $36,972.39 1055 I 2007 EXHIBIT "5" Page 201'2 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 NO. RESOLUTION OF THE CITY OF SAN BERNARDI:\O PRELIMINARILY i DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQHRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PINE AVENUE AND REDWOOD STREET AREA WITHOVT COMPLIANCE WITH THE SPECIAL ASSESSME]\'T INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS INTE'\TION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE K;'iOWN AS ASSESSMENT DISTRICT NO. 1055; PRELI,VlINARILY 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 rnaintenance assessment district within the City, to be known as Assessment Di,trict No. 1055, Pine A wnue and Redwood Street Area Landscape Maintenance Assessment District. BE IT RESOLVED BY THE MAYOR AND COMMON COl;NCIL 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. 1055. the boundaries of which are generally as follows: Ohio A venue to the north, Belmont A venue to the south. Pine A venue to the west and the easterly boundary of Tentative Tract No. 17716 to the east together with Lot A-A of Tract No. 13036. . 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 4/// ~e.2..I'07 04/23/07 e e 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 e RESOLUTION ... PRELll\lI'IARIL. Y DETERMI'\ING THA T THE PUBLIC CONVENIENCE AND 1 NECESSITY REQUIRE THE fOR:l-IATION Of A LANDSCAPE MAINTENANCE ASSESSMEI\T DISTRICT LOCATED IN THE PINE AVENCE AND REDWOOD STREET AREA... ASSESS'\-IDIT 2 DISTRICT NO. 1055; PRELIMINARILY APPROVI1'\G THE E"iGI"'EER'S REPORT A1'\D GIVIJ'lG NOTICE Of A PUBLIC HEARI!'C. of the maintenance. and a prop "~d assessment roll which Report and Assessment District Map are hereby preliminarily approwd. 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 within the San Gabriel Valley Water District Easement along the westerly side of Tentative Tract No. 17716 and the 60 foot strip ofland ov.ned by the Metropolitan Water District located between the west line of said Tentative Tract No. 17716 and Pine A venue, together with the pro-rata share of maintenance costs and appurtenances for the sewer lift station located in Lot A-A of Tract No. 13036. The estimated cost of said maintenance for the first year, including incidental costs, less general benefit amounts, is $36,972.39. SECTION 3. Said contemplated work and impro\'ements 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, and publicly owned parcels, or portions thereof, not receiving a benefit from said maintenance within said Tentative Tract No. 17716, are hereby excepted from said assessment, as set forth in said Engineer's Report. SECTION 4. The assessment benefit procedure to be follov.ed 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 04/23/07 2 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 e e RESOLUTION ... PRELlMINARIL \ DFTERMINING THAT THE PUBLIC CONVE:\'IE'iCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PIi'iE A VEi'il:E AND REDWOOD STREET AREA... ASSESSl\IDIT DISTRICT NO. 1055: PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. the total assc,sment units on each parcel as it relates to the total number of assessments, actual or bv fomlUla. w'ithin the district. Reference is hereby made to said Engineer's Report, on file in the office of the City Clerk of said City, for full particulars and proposed assessment amount against each parcel. SECTION 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 assess,:d against the properties involved within the current fiscal year or the fiscal year following the establishment of the district. Depending on when the costs are assessed relative to when the maintenance is assumed by the City, this assessed amount can be used as a source of pre-funding the first year's maintenance contract and incidental costs. Once the district has assumed the responsibility for the maintenance. the properties shall be assessed each year thereafter to establish a source of pre-funding each year's costs, or for the actual contract and incidental costs. If there are surplus amounts in the event of pre-funding of costs, then such surplus may be applied as a credit to the following year's assessment or retained in a reserve to offset future increases. Interest will be charged on any portion of the assessments that are not pre-funded through previous assessments. The interest rate shall be based upon the average rate of the City's current earnings on invested funds during the period of expenditure. The assessment shall be levied, collected and enforced in the same manner, at the same time, and with the same penalties and interest as in the case of taxes levied for property taxes. Said assessments will be collected in perpetuity or until terminated by the Mayor and Common Council. Reference is made to said Engineer's Report for 04/23/07 1 J . . . RESOLUTlOr-; ... PRELIMINARILY DETERMIMNG THAT THE PUBLIC CO:'lVE:\TIE!'CE A:\TD 1 NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENA;\CE ASSESSMENT DISTRICT LOCATED 11'i THE PI1'iE A VE!\UE AND REDWOOD STREET AREA... ASSESS'IE!\T 2 DISTRICT :'10. 1055; PRELlMI!\ARILY APPROVING THE E;\GINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. 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 full particulars. SECTION 6. NOTICE IS HEREBY GIVEN that public hearing will be held on Monday. July 16.2007. at the hour of .-1:00 p.m., 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 forn1ation 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 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., 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 concl\lsion of said public hearing on July 16,2007. All property owners \\ithin 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 shov.n 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 July 16,2007, protests have been filed and 04/23/07 4 , . . 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 Pl:BLIC CON\L'IE!\CE .,,11 :\'ECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENA!\CE ASSESSME!\T DISTRICT LOCA TED IN THE PINE A VENUE AND REDWOOD STREET AREA... ASSESS:\IE' I DISTRICT ."00. ]055; PRFLIMII'iARIL Y APPROVING THE ENGINEER.S REPORT AND GIVlS(, NOTICE OF A PUBLIC f1EARI:\'G. 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 th~ 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 mapshowing the exterior boundaries of the proposed improvement district with relation to the territory immediately contiguous thereto and to the proposed improvement will be on fiie 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. / ;' / / ! / 04/23/07 5 tit RESOLLTlON ... PRELIMINARILY DETER'lINDiG THAI tHE Pl BLlC CO\VEI'iIE.\Cl. MiD 1 NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENAI\;CE ASSESSME\"T DISTRICT LOCATED IN THE PINE AVDll'E AI'iD REDWOOD STREET AREA... ASSESSME\"T 2 DISTRICT NO. 1055; PRELlMINARILYWPROVIN(, THE DIGI"EER'S Ri:.PORT AND GIVING NOTICE OF A PUBLIC HEARING. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 e 27 e 28 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a the day of Council Members: A YES ESTRADA BAXTER BRNKLR DERRY KELLEY JOHNSON MCCAMMACK meeting thereof held on ,20~~. by the following vote. to-wit: 1\A YS ABSTAIN ABSENT City Clerk The foregoing resolution is hereby approved this _ day of Approved as to form: 04/23/07 ,20_ PATRICK J. MORRIS, Mayor City of San Bernardino 6 I