HomeMy WebLinkAbout16-Development Services
e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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From: Valerie C. Ross, Director
Subject: Authorization to proceed and
Resolution of Intention - formation of a
Landscape Maintenance Assessment District
in the Cajon Boulevard and University
Parkway Area (Parcel Map No. 17375).
Dept: Development Services
Date: June 5, 2007
File No. 14.40-148
Synopsis of Previous Council Action:
10/17/06 - Tentative Parcel Map No. 17375 was approved, with conditions.
MCC Date: July 2, 2007
Recommended Motion:
I. 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 University Parkway and Cajon Boulevard Area (Parcel Map No. 17375), to
be known as Assessment District No. 1057; AND
2. Adopt Resolution.
Vl/JW; t. ~I#-
Valerie C. Ross
Contact person: Ryan Sandoval Phone:
Staff Report, Maps, Engineer's
Supporting data attached: Report Re<ollltion Ward:
5226
6
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees paid by applicant)
Source: (Acct. No.) 254-000-2301-6051
(Acct. Description) Assessment District Deposits
Finance:
Council Notes:
Agenda Item No.
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I
e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to proceed and Resolution ofIntention - formation of a Landscape Maintenance
Assessment District in the Cajon Boulevard and University Parkway Area (Parcel Map No.
17375).
. BACKGROUND:
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On October 17, 2006, the Planning Commission approved Tentative Parcel Map No. 17375,
located to the northeast of Cajon Boulevard and southeast of University Parkway. On November
3,2006, Hillwood Investments, the developer/owner ofthis 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 future
landscaping within slopes along portions of the easterly and westerly side of the overpass
realignment of University Parkway (Lot 'C') and also to include the detention basin (Lot 'D') on
the southerly portion of Tentative Parcel Map No.l7375. The detention basin will consist of
native growth and will protect the parcels within the district from flood damage and is a direct
benefit to this development. Maintenance in the detention basin will consist of periodic cutting of
native vegetation and removal of debris and silt as needed. The developer has paid the required
$4,000 formation fee.
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Parcel Map No. 17375 consists of 7 commercial parcels and 3 lettered lots. The annual cost of
maintenance and incidentals will be spread across these 7 parcels while the lettered lots will not
be assessed due to not receiving any benefit from the improvements. 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 the retention basin, which 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, portions of the landscaping along the overpass
realignment of University Parkway have been deemed to be of a general benefit. The general
benefit portion of the annual cost of maintenance is estimated to be $4,464.81, 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 $64,774.15. Assessment units on commercial land are
assigned to each parcel based on the number of 7,200 square 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 parcel but ranges from $927.89
to $23,672.31 per parcel. 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
Staff Report - Continued
e this amount will either need to be approved by the property owners within the District, or be paid
for by the City.
The developer/owner has requested this Landscape Maintenance Assessment District to be a
"default" district, where the property owners, through an Association, will be maintaining the
detention basin only. The District will still maintain the landscaping in the slope area along
University Parkway. The Assessment District will only take over maintenance of the detention
basin in the event of default in the maintenance by the Association. However, the City will
collect the first year's maintenance cost, which will be held in reserve in the event that the City
has to take over the maintenance. A Maintenance Agreement between the City and the owners
of the. parcels will be submitted for approval along with the final action of this Assessment
District, on August 20, 2007.
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The attached Resolution of Intention sets a public hearing for August 20, 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 a mailed notice of the public hearing, along with an
Assessment Ballot form. Since all of the properties within the District are currently under one
ownership, no protests are anticipated. Future property owners will purchase the parcels 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$64,774.15, 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
$4,464.81, 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 Cajon Boulevard and University Parkway Area to be
known as Assessment District No. 1057 (Parcel Map No. 17375), and that the attached
Resolution of Intention be adopted.
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LOCA TION OF
PROPOSED ASSESSMENT
DISTRICT NO. 1057
Highland Ave.
Base Line S1.
5th 51.
Rlalto Ave.
Mill 51.
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VICINITY MAP
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1057-
Cajon Boulevard and University Parkway
Area (PM 17375)
~ indicates un-incorporated areas wfihin City's
~ Sphere of Influence
Created by: Ryan Sandoval
Date: 4/12/07
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ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1057
(Cajon Boulevard and University Parkway Area Landscape Maintenance Assessment District)
In the
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
File No. 14.40-148
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
Prepared OS/22/2007
1
wng;neers Report-AD 1057
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1057
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
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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. 1057,
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
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CITY CLERK
City of San Bernardino
2
"ngineers Report - AD 1 057
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1057
(Cajon Boulevard and University Parkway Area Landscape Maintenance Assessment District)
PETITION -- On November 3, 2006, a petition was received from the owner or the developer
representing the owner of property within the proposed assessment district for the establishment of an
assessment district for the maintenance of landscaping and hardscaped areas. These improvements are relative
to the proposed development within Tentative Parcel Map No. 17375. 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 Parcel Map No. 17375 by the City to relieve the
City from having to maintain the areas of landscaping.
e 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.1 057 (Cajon Boulevard and
University Parkway 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 November 3, 2006, pursuant to Section
12.94.030 of the Municipal Code, the developer deposited $4,000 with the City to cover the estimated cost of
proceedings. At the conclusion of the proceedings and after confirmation of all costs, any amounts remaining will
be returned to the developer. If actual costs are more than the deposit, then the remainder can either be paid in a
lump sum by the developer or assessed against the properties involved.
EASEMENTS - All areas to be maintained will be within City owned property, dedicated right of way, or
within easements granted to the City for maintenance purposes and no maintenance will be carried out on private
property .
DESCRIPTION OF IMPROVEMENTS -- The areas to be maintained by the District will be the detention
basin along the southeasterly side of Parcel Map No. 17375, also known as Lot 'D'. Maintenance in the detention
basin will consist of periodic cutting of native vegetation and removal of debris and silt as needed. Future areas to
_e maintained by the District will be landscaping and all appurtenances within slopes along portions on the easterly
Wnd westerly sides of the future realignment of University Parkway.
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Wngineers Report - AD 1057
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.
DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the
Assessment Boundary Map of Assessment District No. 1057 and are generally described as follows:
The northeast line ofthe B.N.S.F. Railroad on the southwest, the centerline of University parkway on the
northwest and the northeasterly and southeasterly lines of Parcel Map No. 17375 on the northeast and
southeast 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
eecorded in the office of the City Engineer after final approval of this Report, confirmation of the Assessment Roll
and Resolution Ordering Work. A reduced copy of the Assessment District Diagram is attached as Exhibit "3".
NOTICE OF EXEMPTION -- a "Notice of Exemption" declaring a Categorical Exemption was prepared
and will be filed with the Clerk of the Board of Supervisors of San Bernardino County upon formation of the
District. No further environmental proceedings will be necessary. A copy of the Notice of Exemption is attached
as Exhibit "4".
METHOD OF ASSESSMENT AND DETERMINATION OF BENEFIT -- Landscaping and its proper
maintenance enhances the esthetics of any given area and the benefit received by the owners of properties in the area
is determined to be equal to the area of each lot or parcel that utilizes the landscaped areas either as ingress and
egress or by actual physical use of the land as in the cases oflarge open areas. The detention basin will protect the
parcels within the district from flood damage and is a direct benefit to this development. 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 parcel in relation to the total area within the District boundaries.
Since the proposed development for this area 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 = I Assessment Unit).
tit Based upon the commercial parcels proposed to be developed, the total assessment units for the district will
4
_ngineers Report-AD 1057
be 633.85.
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:
I. Areas of maintenance that front on maior arterial streets, as determined by the Circulation Plan of
the City's General Plan, are determined to be 15% general benefit and the proportional costs thereof
are not assessable to the District.
2. Areas of maintenance that front on secondary arterial streets, as determined by the Circulation Plan
of the City's General Plan, are determinef:i to be 10% general benefit and the proportional costs
thereof are not assessable to the District.
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3. Areas of maintenance that front on collector streets, as determined by the Circulation Plan of the
City's General Plan, are determined to be 5% general benefit and the proportional costs thereof are
not assessable to the District.
4. Areas that front on local streets are determined to be 100% special benefit and are 100% assessable
to the District.
These percentages are based on the traffic circulation for the various street classifications.
Based on the City of San Bernardino's current circulation element of its General Plan, this portion of
University Parkway is designated as a maior arterial street. Thus 15% of the cost oflandscaping maintenance and
appurtenances along University Parkway, is deemed to be of general benefit and not assessable to the parcels within
the Assessment District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive
no benefit with the exception of public right of way, which is not subject to assessments.
METHOD OF FINANCING -- The estimated cost of the first year's maintenance shall be assessed against
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
Mereafter to establish a source of pre-funding each year's costs, or may be assessed for the actual contract and
.cidental costs plus interest. Interest will be included in the assessment costs for any amounts or portions not pre-
5
__ngineers Report-AD 1057
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 in maintenance costs. The costs shown in Table I for debris
removal are based on an estimate of 6 storm events per year. Future cost may vary based on the actual number of
events and the cost shown in Table I will be pro-rated accordingly, plus any applicable escalators, and reserves
deemed to be necessary to ensure adequate funding for operations over a long term.
The assessment, whether pre-funded or not, shall be levied, collected and enforced in the same manner, at
the same time, and with the same penalties and interest as in the case of taxes levied for property taxes. Table I sets
forth the estimated costs 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 7 commercial parcels within Parcel Map No. 17375, once the final
map is recorded, each lot or parcel area (in square feet) is divided by 7,200 to determine its assigned assessment unit
as described under Method of Assessment, and assessments are spread accordingly. No further subdivision of the
_arcels is anticipated. An Assessment Roll representing the estimated first year's maintenance costs has been
prepared for the 7 parcels within Parcel Map No. 17375 and is shown as Exhibit "5", Any parcels remaining vacant,
or not being subdivided, will be assessed based on the number of commercial 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 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 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.
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6
wngineerS Report - AD 1057
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TABLE 1
ESTIMATED FIRST YEAR'S COST SUMMARY
Assessment District No. 1057
(Cajon Boulevard and University Parkway Area Landscape Maintenance Assessment District)
Description olCosts
Quantity
Unit Cost/Unit Annual Cost
A
8
C
D
E
F
Maintenan<e of Turf I Irril!3tion - Sa.Ft. 0.20 $ -
Maintenance of Ground<over IShrubsIIrrigation 85,451 Sa.Ft. 0.20 $ 17,090.20
Maintenan<e of Trees I Irril!3tion 61 Ea. 50.00 $ 3,050.00
Landstape Area Subtotal 85,451 So.Ft.
Irril!3tion Costs (water and enel1!V) 85,451 Sa.Ft. 0.10 $ 8,545.10
Detention Basin VOl!etation Abatement 102,810 So.Ft. 0.12 $ 12,337.20
Detention Basin Maintenance Cost - 48 Cubic Yards
l(Estimated based on six 161 storm events a vear) 1 L.S. 22,000.00 $ 22,000.00
Total maintenance area 188,261
Weeklv Inspection (Iabor,overhead) (Total Annual Hrs) 52 Hours 30.00 $ 1,560.00
Annual Assrnt. En!!ineerin!! IIabor+-overhead) 5 Hours 33.00 $ 165.00
Contract Adminstration (Iabor+-overhead) 15 Hours 22.00 $ 330.00
Incidentals (materials, supplies, other costs) 1 L.S. 100.00 $ 100.00
Outside Department Services (Iabor+-overhead) I L.S. 400.00 $ 400.00
Subtotal (A thru N) $ 65,577.50
General Benetit Cal<ulations:
Area of General Benetit 85,451 Sa.Ft.
Pertent of Total Area (P I II) 45.39%
Subtotal (N' Q) $ 29,765
General Benetit Per<enta!!e 15%
General Benetit Amount Not Assessable IR . S) $ 4,464.81 $ (4,464.81)
SubtotallN+ n $ 61,112.69
Estimated Interest for non-prefunded amounts' 6% $ 3,666.76
Subtotal (U+V) $ 64,779.45
Adjustment (Rounding for Assessment Roll) $ (5.30)
TOTAL FIRST YEAR'S ESTIMATED COSTS (W + X) $ 64,774.15
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K
L
M
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Q
R
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T
U
V
W
X
ASSESSMENT CALCULA T10N -- Applying the Method of Assessment and Assessment Spread described above,
the following formula is used to determine the assessment amount per Assessment Unit:
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Total Costs + Total Assessment Units = Cost per Assessment Unit
Thus
$64,774.15+ 633.85 = $102.19 per Assessment Unit per year.
7
e Engineers Report - AD 1057
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. 1057. (Caion Boulevard and
University Parkwav Area Landscaoe Maintenance Assessment District)
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rk Lancaster, Deputy Director/City Engineer
Date
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_ng;neers Report - AD 1057
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List of Exhihits
L 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 2008/2009)...... Exhibit "5"
9
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LOCA TION OF
PROPOSED ASSESSMENT
DISTRICT NO. 1057
Highland Ave.
Base Line St.
5th St.
Rialto Ave.
MiIISt.
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VICINITY MAP
NO SCAlE
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No.1 057 -
Cajon Boulevard and University Parkway
Area (PM 17375)
~ indicates un-incorporated areas within City's
~ Sphere of Influence
Created by: Ryan Sandoval
EXHIBIT "1"
Date: 4/12/07
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CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT
NOTICE OF EXEMPTION
FROM: CITY OF SAN BERNARDINO
DEVELOPMENT 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. 1057
Project Location-Specific: PARCEL MAP No. 17375 - CAJON BOULEVARD AND UNIVERSITY
PARIWVAY AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
Project Location-City: SAN BERNARDINO
Project Location - County: SAN BERNARDINO
Description of project: SBMC 12.90 PROCEEDINGS FOR THE ESTABLISHMENT OF A LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT
Name of Public Agency Approving Project:
CITY OF SAN BERNARDINO
Name of Person or Agency Carrying out Project:
CITY OF SAN BERNARDINO
ExemJ:!t Status: (check one)
o Ministerial (Sec. 21080(b)(1); 15268);
o Declared Emergency (Sec. 21080(b)(3); 15269(a));
o Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
[J Categorical Exemption. State type and section number: Class 1 15301(c) Res.90-217.Sec. B2c
o Statutory Exemptions. State code number:
Reason why project is exempt: ESTABLISHMENT PROCEEDINGS FOR ASSESSMENT DISTRICT TO
PROVIDE FUNDING SOURCE FOR MAINTENANCE OF LANDSCAPING
Lead Agency
Contact Person:
RYAN SANDOVAL
Area CodelTelephone/Extension: (909) 384-5226
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project? 0 Ves 0 No
Signature:
Date:
Title: Real Property Specialist
l:iiI Signed by Lead Agency
o 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
_ 2008 12009 ASSESSMENT ROLL -AD 1057
., CAJON BOULEVARD AND UNIVERSITY PARKWAY AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
Assessment No.
Parcel No. or Lot No.
Assessment Amt.
2
3
4
5
6
7
PM. 17375 Parcel-I
PM. 17375 Parcel-2
PM. 17375 Parcel-3
PM. 17375 Parcel-4
PM. 17375 Parcel-5
PM. 17375 Parcel-6
PM. 17375 Parcel-7
$ 10,466.30
$23,672.31
$6,034.32
$3,870.96
$4,977.67
$14,824.70
$927.89
TOTALS:
7 Parcels
$64,774.15
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EXHIBIT "5"
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
LOCATED IN THE CAJON BOULEVARD AND UNIVERSITY PARKWAY 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. 1057; 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. 1057,
Cajon Boulevard and University Parkway 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. 1057. the boundaries of which are generally as follows:
The northeast line of the B.N.S.F. Railroad on the southwest. the centerline of
University parkway on the northwest and the boundary line of Parcel Map No.
17375 on the northeast and southeast.
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
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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 CAJON BOULEVARD AND UNIVERSITY PARKWAY AREA...
ASSESSMENT DISTRICT NO. 1057; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC HEARING.
of the maintenance, and a proposed assessment roll which 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 the detention basin along the southeasterly side of Parcel Map No. 17375, also
known as Lot 'D'. Future areas to be maintained by the District will be landscaping and all
appurtenances within slopes along portions on the easterly and westerly sides of the future
realignment of University Parkway. The estimated cost of said maintenance for the first year,
including incidental costs, less general benefit amounts, is S64,774.15.
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 Parcel Map No. 17375, 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 parcel 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
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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 CAJON BOULEVARD AND UNIVERSITY PARKWAY AREA ...
ASSESSMENT DISTRICT NO. 1057; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC HEARING.
office of the City Clerk of said City. for full particulars and proposed assessment amount against
each parcel.
SECTION 5. The assessment financing alternative to be followed shall be as follows,
to-wit:
The estimated cost of the first year's maintenance, as set forth in said Engineer's report, shall be
assessed against the properties involved within the current fiscal year or the fiscal year following
the establishment of the district. Depending on when the costs are assessed relative to when the
maintenance is assumed by the City. this assessed amount can be used as a source of pre-funding
the first year's maintenance contract and incidental costs. Once the district has assumed the
responsibility for the maintenance. the properties shall be assessed each year thereafter to establish
a source of pre-funding each year's costs. or for the actual contract and incidental costs. Ifthere
are surplus amounts in the event of pre-funding of costs. then such surplus may be applied as a
credit to the following year's assessment or retained in a reserve to offset future increases. Interest
will be charged on any portion of the assessments that are not pre-funded through previous
assessments. The interest rate shall be based upon the average rate of the City's current earnings
on invested funds during the period of expenditure. The assessment shall be levied. collected and
enforced in the same manner. at the same time, and with the same penalties and interest as in the
case of taxes levied for property taxes. Said assessments will be collected in perpetuity or until
terminated by the Mayor and Common Council. Reference is made to said Engineer's Report for
full particulars.
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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 CAJON BOULEVARD AND UNIVERSITY PARKWAY AREA ...
ASSESSMENT DISTRICT NO. 1057; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC HEARING.
SECTION 6. NOTICE IS HEREBY GIVEN that a public hearing will be held before the
Mayor and Common Council of the City of San Bernardino on Monday, August 20, 2007, at the
hour of 4:00 p.m., 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 I 93 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, 92418, prior to 4:00
p.m.. August 20, 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 August 20, 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.
Ifby the conclusion of said public hearing on August 20, 2007. protests have been filed and
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RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AI'iD
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT LOCATED IN THE CAJON BOULEVARD AND UNIVERSITY PARKWAY AREA ...
ASSESSMENT DISTRICT NO. 1057; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC HEARING.
not withdrawn by property owners representing over 50% of the assessment units to be assessed,
or ballots returned representing over 50% of the assessment amount of the returned ballots, these
proceedings shall be abandoned and no assessments shall be imposed.
Additional information may be obtained by contacting the Department of Development
Services, Real Property Section, at (909) 384-5226 or by writing to same at 300 N. "D" Street, San
Bernardino, California, 92418.
SECTION 7. A copy of this resolution and a map showing the exterior boundaries of the
proposed improvement district with relation to the territory immediately contiguous thereto and to
the proposed improvement will be on file with the City Clerk and will be available for inspection
by any person or persons interested. This map shall govern for all details as to the extent of the
proposed improvement district.
SECTION 8. The City Clerk is hereby authorized and directed to publish a copy of this
Resolution in the San Bernardino County Sun, a newspaper of general circulation published in the
City, and shall cause Notice to be mailed as required by Section 12.90.040(C) of the San
Bernardino Municipal Code.
/II
/II
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RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
1 NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT LOCATED IN THE CAJON BOULE V ARD AND UNIVERSITY PARKWAY AREA ...
2 ASSESSMENT DISTRICT NO. 1057; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC HEARING.
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16 MCCAMMACK
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof held on
the
day of
,20_, by the following vote, to-wit:
Council Members: A YES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
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Cit)' Clerk
The foregoing resolution is hereby approved this day of
,20_
PATRICK J. MORRIS, Mayor
City of San Bernardino
Approved as to form:
)
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26 J ES F. PENMAN, City Attorney
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