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HomeMy WebLinkAbout10-Development Services 0"""'''''[ ii'.....'IIVd CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK Director Subject: Resolution of Intention --- Landscape Maintenance Assessment District No. 1027 -- Waterman Avenue & Washington Street ( Tract Nos. 15826 & 15991). Dept: Development Services Date: March 2, 2001 Synopsis of Previous Council Action: File No.l4.40-116 MCC Date: 3-19-2001 06-05-00 - Authorization to Proceed with the formation of a Landscape Maintenance Assessment District in the Waterman Avenue and Washington Street area was given. 06-05-00 - Resolution No. 2000-125 was adopted, approving the Final Map for Subdivision Tract No. 15991. 08-21-00 - Resolution No. 2000-258 was adopted, approving the Final Map for Subdivision Tract No. 15826. Recommended Motion: Adopt Resolution ~~~ James Funk Contact person: Eileen Gomez, Real Property Specialist Phone: 5328 Supporting data attached: Staff ReportlMaps/ Engmeer's Kep.lKes. FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant) $3,297.35 (General benefit portion of costs) Source: (Acct. No.) 254-000-2301-6015 (AD 1027) 001-182-5506-0000 (Landscape Contracts) (Acct. Description) Assessment District Deposits/ Landscape Contracts Finance: Ward: 3 Council Notes: Agenda Item No. j /, 't-/-DJ- JO' , , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution ofIntention --- Landscape Maintenance Assessment District No. 1027 -- Waterman Avenue & Washington Street Area (Tract Nos. 15826 & 15991). BACKGROUND: On October 8,1999, a petition was received from the developer of the property located within the Waterman and Washington area for the establishment of an assessment district for the maintenance oflandscaping along portions of Waterman Avenue, Washington Street, Wier Road, Heritage Lane, Foxcroft Way, Commercial Road, Carol Way and Beverly Drive within Tract Nos. 15826 and 15991, and within a certain easement granted to the City of San Bernardino by the City of Colton. On June 5, 2000, Authorization to Proceed with the formation of a Landscape Maintenance Assessment District in the Waterman Avenue and Washington Street area was given, and Resolution No. 2000-125 was adopted, approving the final map for subdivision Tract No. 15991, consisting of 73 single-family lots located at the northwest comer of Wier Road and Waterman Avenue. On August 21, 2000, Resolution No. 2000-258 was adopted, approving the Final Map for Subdivision Tract No. 15826, consisting of 78 single-family lots. The annual cost of maintenance, which is estimated to be $32,233.97, including incidental and administrative costs, would be spread across these 151 lots. The annual assessment per lot is estimated to be $213.47. All potential buyers will be given a disclosure statement of the assessment by the seller/developer. The formula used to compute the amount to be assessed to each parcel, as stated in the Engineer's Report, will be 25% general benefit for major arterial streets, 20% for secondary arterial streets, 15% for collector streets and 0% for local streets. Applying this formula to the proposed assessment district, the general benefit amount is estimated to be $3,297.35 annually for this district, which is 25% of the total cost of maintenance along Washington Street and Waterman A venue. The total assessment before interest, has been reduced by this amount, as shown in Table 1 of the Engineer's Report. The general benefit amount cannot be assessed to the district and must be paid for by the General Fund. A similar method of determining general versus special benefit will be utilized in future maintenance district proposals. Future increases, if any, cannot exceed the Consumer Price Index or 5%, whichever is less, without requiring a property owner vote and is set forth in said Engineer's Report, a copy of which has been attached. An Engineer's Report has been prepared, which gives details regarding the district boundaries, proposed maintenance, method of assessment, total cost of maintenance and a proposed assessment roll, and is on file in the office of the City Clerk. A District Boundary map has also been prepared and is also on file with the City Clerk. A copy of the Engineer's Report has been attached. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report (Continued) The attached Resolution declares the City's intent to form Assessment District No. 1027 and sets a public meeting date of May 7, 2001, and a public hearing date of May 21, 2001. As required by Proposition 218, all property owners of record within the proposed district will be sent a mailed notice, along with an Assessment Ballot. The results of the ballots will be presented at the close of the public hearing. Ballots are weighted in proportion to the assessment amount. The developer will still own the majority of the parcels when notices are mailed and thus majority protest is not anticipated. FINANCIAL IMPACT: Applicant has paid the $4,000 processing fee and all subsequent work carried out in the district will be assessed back to property owners. The net assessable amount is $30,410.35, plus interest, for a total of$32,233.97. Additional funds estimated to be $3,297.35 annually, will need to be transferred from the General Fund. The remaining cost of maintenance will be through annual assessments, which is estimated to be $213.47 per lot. RECOMMENDATION: Adopt Resolution. Engineer's Report-AD 1027 ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1027 (Waterman A venue and Washington Street Area Landscape Maintenance Assessment District) in the CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA File No. 14.40-116 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION Prepared February 14, 2001 1 Engineer's Report-AD 1027 ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1027 FILED in the office of the City Clerk of the City of San Bernardino on the_ day of 20 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 , 20 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 , 20 CITY CLERK City of San Bernardino I HEREBY CERTIFY that the foregoing assessments, together with the Diagram of Assessment District No. 1027, 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 , 20 CITY CLERK City of San Bernardino 2 Engineer's Report -AD 1027 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1027 (Waterman Avenue and Washington Street Area Landscape Maintenance Assessment District) PETITION -- On October 8, 1999, a petition was received from the developer of the property located within the Waterman and Washington area for the establishment of an assessment district for the maintenance of landscaping along portions of Waterman Avenue, Washington Street, Wier Road, Heritage Lane, Foxcroft Way, Commercial Road, Carol Way and Beverly Drive within Tract Nos. 15826 and 15991, and within a certain easement granted to the City of San Bernardino by the City of Colton. AUTHORIZATION -- On June 5, 2000, 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. I 027 (Waterman Avenue and Washington Street Area Landscape Maintenance Assessment District) pursuant to the provisions of San Bernardino City Municipal Code Chapter 12.90. 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 ,20 ADVANCE OF ESTIMATED COSTS OF PROCEEDINGS -- On October 8,1999, pursuantto Section 12.94.030 of the Municipal Code, the developer deposited $4,000 with the City to cover the estimated cost of proceedings. At the conclusion of the proceedings and after confirmation of all costs, any amounts remaining will be returned to the developer. If actual costs are more than the deposit, then the remainder can either be paid in a lump sum by the developer or assessed against the properties involved. EASEMENTS - All landscaping to be maintained will be within the dedicated right of way, or within easements granted to the City for landscape maintenance purposes and no maintenance will be carried out on private property . DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained include landscaping and all appurtenances along portions of Waterman Avenue, Washington Street, Wier Road, Heritage Lane, Foxcroft Way, Commercial Road, Carol Way and Beverly Drive within Tract Nos. 15826 and 15991, and within a certain easement granted to the City of San Bernardino by the City of Colton. 3 Engineer's Report-AD 1027 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. 1027 and are generally described as follows: The centerlines of Commercial Road on the North, Waterman Avenue on the East, Washington Street on the South, and Wier Road, Heritage Lane, and Foxcroft Way on the West, all within the boundaries of Tract Nos. 15826 and 15991, and within a certain easement granted to the City of San Bernardino by the City of Colton. 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 DIA GRAM -- A proposed Diagram of the Assessment District has been prepared and will be filed with the City Clerk after preliminary approval of this Report and will be filed with the County Recorder and recorded in the office of the City Engineer after final approval of this Report, confirmation of the Assessment Roll and Resolution Ordering Work. A reduced copy of the Assessment District Diagram is attached as Exhibit "3". NOTICE OF EXEMPTION -- A "Notice of Exemption" declaring a Categorical Exemption was prepared and will be filed with the Clerk of the Board of Supervisors of San Bernardino County upon formation of the District. No further environmental proceedings will be necessary. A copy of the Notice 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. 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. These areas are used either as ingress and egress or by actual physical use of the land as in the cases oflarge open areas. The boundaries of the proposed district are drawn with this in mind. The Resolution ofIntention 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 = 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. 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 benefct to the district only and are 100% assessable to the parcels within the boundaries of the assessment district, except as follows: 4 Engineer's Report-AD 1027 1. 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 25% 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 20% 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 15% 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 (i.e. 0% general benefit) and are 100% assessable to the District. These percentages are based on the traffic circulation for the various street classifications. Waterman Avenue and Washington Street are both classified as major arterials and represent 39.13% of the total areas of maintenance. Pursuant to the above determination of benefit, 25% of 39.13% of the total cost of maintenance will not be assessed to the District. The remaining area of maintenance along the easterly side of Wier Road, Heritage Lane, Foxcroft Way, and the south side of Commercial Road, the north and south side of Beverly Drive and the north side of Carol Way are classified as local streets, and are 100% special benefit assessable to the District. The net cost assessable to the District is shown in Table 1. 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. Presently, no parcels within the district are publicly owned. METHOD OF FINANC1NG -- 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 years maintenance. No Bonds will be sold relative to this Assessment District. 5 Engineer's Report - AD 1027 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 - Currently, there are 151 single family parcels (78 parcels within Tract No. 15826 and 73 within Tract No. 15991), with each parcel representing one (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 151 parcels with the present district boundaries as shoym on 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. 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 implemented 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. 6 Engineer's Report - AD 1027 TABLE 1 ESTIMATED FIRST YEAR'S COST SUMMARY Assessment District No. 1027 (Waterman Avenue and Washington Street Area Landscape Maintenance Assessment District) A B C D E F G H I J Maintenance of Tun I Irrigation - Sq.Ft. 0.20 $ - Maintenance of Groundcover IShrubslIrrigation 97,749 Sq.F!. 0.20 $ 19,549.80 Maintenance of Trees I Irrigation I L.S. 500.00 $ 500.00 Water and Energy Costs 97,749 Sq.F!. 0.10 $ 9,774.90 Weekly Inspection (Iabor,overhead) 104 Hours 25.00 $ 2,600.00 Annual Assmt. Engineering (Iabor+overhead) 10 Hours 30.00 $ 300.00 Contract Adminstration (Iabor+overhead) 15 Hours 22.00 $ 330.00 Incidentals (materials, supplies, other costs) 1 L.S. 200.00 $ 200.00 Outside Department Services (Iabor+overhead) 151 parcels 3.00 $ 453.00 Subtotal $ 33,707.70 General Benefit Calculations: Area of General Benefit 38,248 Sq.Ft. Percent of Total Area (K I B) 39.13 % Subtotal (J.L) $ 13,189.41 General Benefit Percentage 25.00 % General Benefit Amount Not Assessable (M · N) $ 3,297.35 $ (3,297.35) Subtotal $ 30,410.35 Estimated Interest for non-prefunded amounts. 6 Percent $ 1,824.62 Subtotal $ 32,234.97 Adjustment (Rounding for Assessment Roll) $ (1.00) TOTAL FIRST YEAR'S ESTIMATED COSTS $ 32,233.97 K L M N 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 chatged only on portions that ate not pre-funded by the prior years assessments as stated above. Rate varies based on City's average eatnings as stated above. ASSESSMENT CALCULATION -- Applying the Method of Assessment and Assessment Spread described above, the following formula is used to determine the assessment amount per Assessment Unit: Total Costs + Total Assessment Units = Cost per Assessment Unit Thus 32,233.97 + 151 = $213.47 per Assessment Unit per year 7 Engineer's Report-AD 1027 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. 1027. , Date RAYMOND A. CASEY City Engineer 8 Engineer's Report-AD 1027 List of Exhibits 1. Vicinity Map..................................................... Exhibit "1" 2. Red~ced copy of Boundary Map....................... Exhibit "2" 2. Reduced copy of Assessment District Diagram Exhibit "3" 3. Copy of "Notice of Exemption"......................... Exhibit "4" 4. Proposed Assessment Roll (FY 200112002)...... Exhibit "5" 9 No Scole 5th 51. Mill 51. u o c o u U D- Oran e Show Rd. ~ .. . Location of Proposed Assessment District . o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DNlSION VICINITY MAP EXHIBIT "1" PROPOSED ASSESSMENT DISTRICT NO. 1027 - WATERMAN AND WASHINGTON AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT ~ indicates un-incorporated oreas ~ within City's Sphere of Influence I ASSESSMENT BOUNDARY ASSESSMENT DISTRICT NO. 1027 WATERMAN AND W ASHlNGTON LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN 1HE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO ....-.-.-. ~ EXHIBIT "2" .......... ..- Q"-- CITY OF SAN BERNARDINO DRAWING NO. DEPARTMENT OF DEVELOPMENT SERVICES 10079 PUBUC WORKS OMS/ON LEGEND Flied "'1M ""'"tt thI City CIIrl In1hllClt'l'''''''' ""'......thiI_Uy., 20_, MCHU ClAM, C1IyCIM. City...SaIt........ 1.....c.rtlfy"*U.wil'*',.,........Ihe~ ::-'::':::===-~':Clly" c:.Il......w.~..,...CltyCllUMil.,..CIIy.. ... ........ .. ,......, -... ,........ """ ... .. ;;;;:---., "'W.lIelIin':~':.~ "--....,.............c:.u..,.....fII~ .. t'- .of .20 In.... ---=::;-..... .f M..~ "- .....~,....0IIIril:a. ...,,,,,""'" Cllycr.n.Clly................ ""- VICINITY MAP WATERMAN AND WASHINGI'ON AREA lANDSCAPING MAINTENANCE ASSESSMENT DlSI'Rlcr liar -L. ASSESSMENT DISTRICT BClUNDARY. .._._._._._.. .....L.KtlS an 8ClJNDARY . AREAS aF PROPOSED A1NT'ENANCE_ _ ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1027 WATERMAN AND WASHINGTON LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO ...-.-.-. . fIIllln.......,...Ckycr.tl1n "'-CIIt'fII" .......thit_...,.. 10_, KACHIl, QNIC, CltyOert.Cfty............. ....,....,......................... =";";=.'."-&~-:Cllyrl c:........,_........"'............C-c:.....I .....Cltyfllleol--.....e.....................,. ~:---..~:'" ...'" .........................~............ ...........c..,..... ... ~-' ..... II9\1II ., "'''-~ .- ........ ............... QvCllrl.Qr"'............ ........In....lIflIce.,tt.Clty~.._.,. of :10_, em ....... CIty..,........... An__.......,.........c.- c:...-Iff hOly"'.......... 011......---. -,....,."'........--.....-..~ .....__IwW..._.... .20.-:..._....... ..._..._,--."'...,.."'...ClIy ~.,.....ClIy...... ...... . .HI _........... --...---~......."'...CIIy~ ,...--"'....-............... ~"'.....__..IhII-...nt__ ""0fI1.Cl.ANt, CltI'Owt, CIty"'............ VICINITY MAP EXHIBIT "3" -. "- GIT ...... CITY OF SAN BERNARDINO BRAVING NO. DEPARTMENT OF DEVELOPMENT SERVICES 10083 PUBUC WORKS OMSION LEGEND ASSESSMENT DISTRICT IKAINDMY. .._.......... WAlERMAN AND WASlDNGTON AREA lANDSCAPE MAINlllNANCE ASSESSMENT DISTRICT 1ICE'~ar --1........ CITY BOUNDAR". __.___ AREAS OF MAINTENANCE- _ ASSESSIlEIITS SH_ 1ItUS . 0 ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1027 SHEET 2 of 3 - - I , !I&I I~ '1&1 !~ I .~_._-- i .. C!i> I "(!l) . z ..~ I~ ." I~ ROAD : _~___ lori...f SEE SHEET 3 ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1027 SHEET -L of -L SEE SHEET 2 District Boundary . <II> 1D 11 , I l -~-~--- · i Qj) Cii) tr .ral I~ ._._.~ . I N S Cii)" 01. <!il" 8" 8" Cii)" :z: -0: ::II! <11>" II:: ~ : e!1'l o~"'o seJU'l ~ ~~~f eOL'f~~.--. '~~...,O .- ell' - ;' CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT NOTICE OF EXEMPTION '- File No. 14.40-116 ~ /" 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 """ .1L COUNTY CLERK COUNTY OF SAN BERNARDINO 385 NORTH ARROWHEAD AVE SAN BERNARDINO, CA 92415 Project Title: ASSESSMENT DISTRICT NO. 1027 Project Location-Specific: TRACT NOS. 15826 AND 15991 WATERMAN AVENUE AND WASHINGTON STREET AREA. 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: DEVELOPMENT SERVICES / PUBLIC WORKS Exempt Status: (check one) o Ministerial (Sec. 21080(b)(1); 15268); o Declared Emergency (Sec. 21080(b)(3); 15268(a)); o Emergency project (Sec. 21080(b)(4); 15269(b)(c)); [J: Categorical Exemption. State type and section number: CLASS I - 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: EILEEN GOMEZ Area Code /Telephone/Extension: (909) 384-5328 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 Yes 0 No Signature: Date: o Signed by Applicant Titie: Real ProDertv SDecialist [3 Signed by Lead Agency Date received for filing at OPR: \. ..) PubWorkslNOE EXHIBIT "4" PLAN-l0.05 PAGE 1 OF 1 (5-90) CITY OF SAN BERNARDINO PROPOSED 2001 I 2002 ASSESSMENT ROLL - AD 1027 WATERMAN A VENUE AND WASHINGTON STREET LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Assessment No. Parcel No. or Lot No. Assessment Amt. 9 10 20 21 22 23 24 25 26 27 28 29 1 2 3 4 5 6 7 8 11 12 13 14 15 16 17 18 19 30 31 32 33 34 35 36 0141-511-54 0141-511-55 0141-511-56 0141-511-57 0141-511-58 0141-511-59 0141-511-60 0141-511-61 0141-511-62 0141-511-63 0141-511-64 0141-511-65 0141-551-01 0141-551-02 0141-551-03 0141-551-04 0141-551-05 0141-551-06 0141-551-07 0141-551-08 0141-551-09 0141-551-10 0141-551-11 0141-551-12 0141-551-13 0141-551-14 0141-551-15 0141-551-16 0141-551-17 0141-551-18 0141-551-19 0141-551-20 0141-551-21 0141-551-22 0141-551-23 0141-551-24 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 $213.47 1027 / 2001 EXHIBIT "5" Page lof4 I Assessment No. Parcel No. or Lot No. Assessment Amt. 37 0141-551-25 $213.47 38 0141-551-26 $213.47 39 0141-551-27 $213.47 40 0141-551-28 $213.47 41 0141-551-29 $213.47 42 0141-551-30 $213.47 43 0141-551-31 $213.47 44 0141-551-32 $213.47 45 0141-551-33 $213.47 46 0141-551-34 $213.47 47 0141-551-35 $213.47 48 0141-551-36 $213.47 49 0141-551-37 $213.47 50 0141-551-38 $213.47 51 0141-551-39 $213.47 52 0141-551-40 $213.47 53 0141-551-41 $213.47 54 0141-551-42 $213.47 55 0141-551-43 $213.47 56 0141-551-44 $213.47 57 0141-551-45 $213.47 58 0141-551-46 $213.47 59 0141-551-47 $213.47 60 0141-551-48 $213.47 61 0141-551-49 $213.47 62 0141-551-50 $213.47 63 0141-551-51 $213.47 64 0141-551-52 $213.47 65 0141-551-53 $213.47 66 0141-551-54 $213.47 67 0141-551-55 $213.47 68 0141-551-56 $213.47 69 0141-551-57 $213.47 70 0141-551-58 $213.47 71 0141-551-59 $213.47 72 0141-551-60 $213.47 73 0141-551-61 $213.47 74 Lot 1rrract 15826 $213.47 83 Lot 10rrract 15826 $213.47 84 Lot Ilrrract 15826 $213.47 85 Lot 12rrract 15826 $213.47 1027 / 2001 EXHIBIT "5" Page 20f4 Assessment No. Parcel No. or Lot No. Assessment Amt. 86 Lot 13rrraet 15826 $213.47 87 Lot 14rrraet 15826 $213.47 88 Lot 15rrraet 15826 $213.47 89 Lot 16rrract 15826 $213.47 90 Lot 17rrract 15826 $213.47 91 Lot 18rrract 15826 $213.47 92 Lot 19rrraet 15826 $213.47 75 Lot 2rrraet 15826 $213.47 93 Lot 20rrract 15826 $213.47 94 Lot 21rrraet 15826 $213.47 95 Lot 22rrract 15826 $213.47 96 Lot 23rrract 15826 $213.47 97 Lot 24rrract 15826 $213.47 98 Lot 25rrract 15826 $213.47 99 Lot 26rrract 15826 $213.47 100 Lot 27rrract 15826 $213.47 101 Lot 28rrraet 15826 $213.47 102 Lot 29rrraet 15826 $213.47 76 Lot 3rrract 15826 $213.47 103 Lot 30rrraet 15826 $213.47 104 Lot 31rrraet 15826 $213.47 105 Lot 32rrraet 15826 $213.47 106 Lot 33rrraet 15826 $213.47 107 Lot 34rrraet 15826 $213.47 108 Lot 35rrraet 15826 $213.47 109 Lot 36rrract 15826 $213.47 110 Lot 37rrraet 15826 $213.47 III Lot 38rrraet 15826 $213.47 112 Lot 39rrraet 15826 $213.47 77 Lot 4rrraet 15826 $213.47 113 Lot 40rrract 15826 $213.47 114 Lot 41rrract 15826 $213.47 115 Lot 42rrract 15826 $213.47 116 Lot 43rrract 15826 $213.47 117 Lot 44rrraet 15826 $213.47 118 Lot 45rrraet 15826 $213.47 119 Lot 46rrraet 15826 $213.47 120 Lot 47rrraet 15826 $213.47 121 Lot 48rrraet 15826 $213.47 122 Lot 49rrract 15826 $213.47 78 Lot 5rrraet 15826 $213.47 1027 / 2001 EXHIBIT "5" Pagc3 of 4 Assessment No. Parcel No. or Lot No. Assessment Amt. 123 Lot 50rrract 15826 $213.47 124 Lot 51rrract 15826 $213.47 125 Lot 52ffract 15826 $213.47 126 Lot 53rrract 15826 $213.47 127 Lot 54rrract 15826 $213.47 128 Lot 55rrract 15826 $213.47 129 Lot 56rrract 15826 $213.47 130 Lot 57rrract 15826 $213.47 131 Lot 58rrract 15826 $213.47 132 Lot 59rrract 15826 $213.47 79 Lot 6rrract 15826 $213.47 133 Lot 60rrract 15826 $213.47 134 Lot 61rrract 15826 $213.47 135 Lot 62rrract 15826 $213.47 136 Lot 63rrract 15826 $213.47 137 Lot 64rrract 15826 $213.47 138 Lot 65rrract 15826 $213.47 139 Lot 66rrract 15826 $213.47 140 Lot 67rrract 15826 $213.47 141 Lot 68rrract 15826 $213.47 142 Lot 69rrract 15826 $213.47 80 Lot 7rrract 15826 $213.47 143 Lot 70rrract 15826 $213.47 144 Lot 71rrract 15826 $213.47 145 Lot nrrract 15826 $213.47 146 Lot 73rrract 15826 $213.47 147 Lot 74rrract 15826 $213.47 148 Lot 75rrract 15826 $213.47 149 Lot 76rrract 15826 $213.47 150 Lot 77rrract 15826 $213.47 151 Lot 78rrract 15826 $213.47 81 Lot 8rrract 15826 $213.47 82 Lot 9rrract 15826 $213.47 TOTALS: ISI Parcels $32,233.97 1027 / 2001 EXIDBIT "5" Page 4 of4 , . . . (G(Q)~V 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 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE WATERMAN AVENUE AND WASHINGTON STREET AREA; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1027, PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC HEARING. WHEREAS, the City of San Bernardino (hereinafter called "City") as an exercise of its municipal affairs powers has enacted an Assessment District Ordinance (Municipal Code Chapter 12.90) to provide for the procedure of 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.1 027. 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 fmd and determine that it is of public convenience and necessity and that it is the intention of the Mayor and Common Council to form Assessment District No. 1027, the boundaries of which are generally as follows: Generally bounded by the centerlines of Commercial Road on the North, Waterman Avenue on the East, Washington Street on the South, and Wier Road, Heritage Lane and Foxcroft Way on the West, all within the boundaries of Tract Nos. 15826 and 15991, and within a certain easement granted to the City of San Bernardino by the City of Colton. 1/1 27 III 28 Ylo. Ib 3//1/01 03/08/0 I I . . . \ 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 DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE WATERMAN AVE AND WASHINGTON ST AREA (AD 1027). Reference is hereby made to the Engineer's Report on file in the office of the City Clerk of said City for a map of the boundaries of said district, a description of the maintenance, an estimated cost of the maintenance, and a proposed assessment roll which Report and Assessment District Map are hereby preliminarily approved. SECTION 2. It is the intention of said Mayor and Common Council to order improvements within the district which improvements consist of, but are not limited to, the maintenance of landscaping and appurtenant facilities along portions of Waterman Avenue, Washington Street, Wier Road, Heritage Lane, Foxcroft Way, Commercial Road, Carol Way and Beverly Drive all within Tract Nos. 15826 and 15991, and within a certain easement granted to the City of San Bernardino by the City of Colton, along the north side of Washington Street. The estimated cost of said maintenance for the first year, including incidental costs is $33,707.70, of which $3,297.35 is determined to be a general benefit not assessable to the Assessment District, as set forth in said Engineer's Report. The net assessable amount is $30,410.35, plus interest, for a total of $32,233.97. 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 for portions determined to be a general benefit, as set forth herein. All public streets or alleys, or portions thereof, are hereby excepted from said assessment. 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 03/08/0 I 2 . . . RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE WATERMAN AVE AND WASHINGTON ST AREA (AD 1027). 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 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 assessment, 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. SECTION 5. The assessment financing alternative 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 witl$1 the current fiscal year or the fiscal year following the establishment of the district. Depending on when the costs are assessed relative to when the maintenance is assumed by the City, this assessed amount can be used as a source of pre-funding the first year's maintenance contract and incidental costs. Once the district has assumed the responsibility for the maintenance, the properties shall be assessed each year thereafter to establish a source of pre-funding each year's costs, or for the actual contract and incidental costs. If there are surplus amounts in the event of pre-funding of costs, then such surplus may be applied as a credit to the following year's assessment or retained in a reserve to offset future increases. Interest will be charged on any portion of the assesSments which are not pre-funded through previous assessments. The interest rate shall be based upon the average rate of the City's current earnings on invested funds during the period of expenditure. The assessment shall be levied, collected and enforced in the same manner, at the same time, and with the same penalties and interest as in the case of taxes levied for property taxes. Said assessments will be collected in perpetuity, or until terminated by the Mayor and Common Council. Reference is made to said Engineer's Report for full particulars. 03/08/0 I 3 . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE WATERMAN AVE AND WASHINGTON ST AREA (AD 1027). SECTION 6. NOTICE IS HEREBY GIVEN that a public meeting will be held before the Mayor and Common Council of the City of San Bernardino on May 7, 2001, at the hour of 10:00 a.m., and that a public hearing will be held on May 21, 2001, at the hour of 10:00 a.m., both in the Council Chambers of City Hall, 300 N. "D" Street, San Bernardino, California for the purpose of determining whether the public convenience and necessity require the formation of the proposed maintenance district without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and whether the Mayor and Common Council should proceed with ordering the above described improvements. At said public meeting and public 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 10:00 am. on May 21, 2001. Each protest must be signed by the owners thereof and must contain sufficient information to properly identify said property. No action will be taken to approve the formation of the district until the conclusion of said public hearing on May 21, 2001. All property owners within the proposed district will also be mailed ballots which may be used to indicate support of or opposition to the proposed assessment. A majority protest shall exist if the total amount of assessments shown on the ballots returned in opposition to the assessment is greater than the total assessment amount of ballots returned in support of the assessment. All ballots must be received in the Office of the City Clerk by no later than the time and date of the public hearing as stated herein. If by the conclusion of said public hearing on May 21, 2001, protests have been filed and not withdrawn by property owners representing over 50% of the assessment units to be assessed, 03/08/01 4 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE WATERMAN A VB AND WASHINGTON ST AREA (AD 1027). 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) 384-5111 or by writing to same at 300 N. "0" 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 12.90.040C of the San Bernardino Municipal Code. /II 03/08/0 I 5 . . . RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE WATERMAN AVE AND W ASIDNGTON ST AREA (AD 1021). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 City Clerk 19 The foregoing resolution is hereby approved this _ day of 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: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MCCAMMACK ,20_. 20 21 22 23 . JUDITH VALLES, Mayor City of San Bernardino Approved as to form 24 and legal content: 25 26 27 JAMES F. PENMAN, City Attorney BY:_fk.~ ?,~, 28 //0 03/08/0 I 6 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 3 -\ q -0\ Item # Vote: Ayes 1-3,5-<") Nays-B Change to motion to amend original documents: - \'0 Resolution # Abstain -e '2.00\ -'"\ q Absent 4- Reso. # On Attachments: -==- Contract term: NullNoid After: - Note on Resolution of Attachment stored separately: ---==- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date:L.,.H1Hl:rza.-. See Attached: _ Date Sent to Mayor: 3-"2.l-C\ Reso. Log Updated: ,/' Seal Impressed: ,/ Date of Mayor's Signature: '2,-"L\ --C \ Date of Clerk/CDC Signature: 3- 2~C\ \ 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: ee Attached: Date Memo/Letter Sent fo . re: , Date Returned: - Request for Council Action & Staff Report Attached: Yes ./ Updated Prior Resolutions (Other Than Below): Yes Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes Updated CDC Personnel Folders (5557): Yes Updated Traffie Folders (3985, 8234, 655, 92-389): Yes No No v NoL By No -L By No ----L. By By By Copies Distributed to: City Attorney ./ Parks & Rec. Code Compliance Dev. Services v' EDA Finance "./ MIS Police Public Services Water Others: Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, ete.l Ready to File: ~ Date: '1,. '22-1::)1