HomeMy WebLinkAbout10-Development Services
I l...--_,".__
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Deyelopment Seryices
Subject: A.uthorization to proceed and Resolution
of Intention - proposed Landscape Maintenance
Assessment District in the Orange Show Road and
Tippecanoe A\'enue area (Parcel '.Iap No, 17132).
From: Valerie C. Ross. Director
Date: October 29.2007
File No. 14..40-156
Synopsis of Previous Council Action:
M,CC Date: 11-19-2007
12/05/2006 - T entati\<, Parcel '.lap :\0, 17132 \\as approyed with conditions,
Recommended Motion:
1. That the Director of De\elopment Sel\ices and the City Clerk be authorized to proceed
under SBMC 12,90. \\ith the establishment of a Landscape '.Iaintenance Assessment
District in the Orange Sho\\ Road and Tippecanoe A yenue area (Parcel '.Iap :\0.17132). to
be kno\\n as Assessment District :\0, 1059: Al'iD
,
Adopt Resolution,
~C.R~
Valerie C. Ross
Contact person: LASZLO "Les" FOGASSY
5026
Phone:
Supporting data attached: StatlRepon. '.Iap.
Engineer's Report. Res.
FUNDING REQUIREMENTS: Amount: 55.900 (Processing fee paid by De\'eloper)
(5627 Estimated annual general benefit amount)
Source: (Acct. No.): 25-1-000-2301-6055
Ward:
3
(Acct. Description): Assessment District Deposits /6055 i General Fund for general
henetit amount
Finance:
Council Notes:
Agenda Item No,
JJJ~
It) ,
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Sl'B.JECT:
Authorization to proceed and Resolution of Intention - proposed Landscape Maintenance Assessment
District in the Orange Sho\\ Road,and Tippecanoe A\'enue area (Parcel :vlap No. 17132).
BACKGROl'~D:
In No\'ember of 2006. In anticipation of the appro\'al of the Tentati\'e Parcel \Iap No. 17132.
consisting of 6 industrial parcels located on the north and south sides of Orange Sho\\' Road. west of
Tippecanoe A \'enue. Jack Langson of lnwstment Building Group. owner and de\'eloper of this
property. submitted a request for the formation of a Landscape Maintenance Assessment District.' On
December 5. 2006. the Planning Commission appro\'ed Tentatiw Parcel Map No, 17132. The
formation of an Assessment District relie\'es the City of the maintenance costs. except for the General
Benetit amount as stated belo\\'. and as~esses the costs to the properties recei\'ing the benefit from the
landscaping and its maintenance,
The landscaping to be maintained by the assessment district consists of landscaping and hardscaping in
the median along Orange Sho\\' Road adjacent to and easterly of the dewlopment. The estimated
annual cost of maintaining this area. including all incidental expenses. is $4.39-L of which $627 is
general benefit \\'hich cannot be assessed to the District and will need to be paid from the General
Fund, , When the Assessment District takes o\'er the maintenance. a budget transfer for the General
Benefit amount \\'ill be requested by'the Parks. Recreation and Community Ser\'ices Department. into
the Assessment District fund when the maintenance contract is awarded, The remaining $3.767 will be
spread across the 6 parcels. The assessments \\'ill \'ary based on the size of the parcels but will range
from 5256 to 51.654 per year, The attached Engineer' s Report contains the full details regarding
maintenance costs. assessment determination and assessment spread for each parcel and is attached for
your re\'iew. Assessments are subject to an annual increase of 5% or the Consumer Price Index (CPI),
whichever is less.
The attached Resolution of Intention preliminarily appro\'es the Engineer's Report and sets a public
hearing for January 7. 2008. The property O\\'ner of record will be sent a notice of the hearing along
with assessment ballots. Future property owners will purchase the units subject to the Assessment
District and will be gi\'en disclosure of the District and assessments by the developer or subsequent
property owners. as required by law.
FINANCIAL IMPACT: .
The applicant has paid the $5.900 processing fee, Estimated costs of annual maintenance in the amount
of $3.767. deemed to be a special benetit. will be assessed back to property owners within the
Assessment District. The estimated annual cost of maintenance in the amount 01'$627. deemed to be a
general benefit. will need to be paid from the general fund.
RECOMMENDA nON:
That statT be authorized to proceed with the formation of the Assessment District and that the attached
Resolution be adopted,
1.:.-
No Scale
5th St.
Mill St.
,;
>
<(
.
o
c
o
u
.
0.
Orange Show Rd. ~
LOCATION OF
PROPOSED ASSESSMENT
DISTRICT NO. 1059
o
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1059 - Oreange
Show Road and Tippecanoe Avenue Area
(P.M.17132)
~ indicates un-incorporated areas
~ within City's Sphere of Influence
I Created by: L.o~;;z/o F OQ055Y Date: 10-24--01
I -+---__.>'"~"'
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1059
(Orange Show Road and Tippecanoe Avenue Area Landscape Maintenance Assessment District)
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
File No. 14.40-156
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
. PUBLIC WORKS DIVISION
Prepared: October 10, 2007
by
GFB-FRlEDRlCH & ASSOC., INC.
6529 Riverside Avenue, Suite 230
Riverside, CA 92506
(951) 781-0811
1,_..,,,,,,
Engineer's Report - AD 1059
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1059
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 I?ernardino, County of San
Bernardino. State of California on the_day of
CITY CLERK
City of San Bernardino
FINAL approval by the Mayor and Common Council of the City of San Bernardino, CountY'ofSan 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. 1059
were approved and confirmed by the Mayor and Common Council of the City of San Bernardino, County of San
Bernardino, State of California on the day of
CITY CLERK
City of San Bernardino
Ii
Engineer's Report - AD 1059
CITY OF SA!'.' BE&1\IARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS /ENGINEERING DIVISION
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1059
(Orange Show Road and Tippecanoe Avenue Area Landscape Maintenance Assessment District)
PETITION - On November 18,2006, a petition was received from the owner or the developerrepresenting
the owner of property within the proposed assessment district for the establishment of an assessment district for the
maintenance of landscaping in the median fronting on portions of Parcel Map No. 17132 on the northerly side of
Orange Show Road (Parcels I through 5) and on the southerly side (Parcel 6). 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 Parcel Map !\io. 17132 by the City to relieve the City
from having to maintain the areas of landscaping and assess the costs of said landscaping to those properties
receiving the benefit of said maintenance.
AUTHORIZATION - On ,2007, by action of the Mayor and Common Council of the
. City of San Bernardino, the Director of Development Services and City. Clerk were authorized to initiate
proceedings for the formation of Assessment District No. 1059 (Orange Show Road and Tippecanoe Avenue Area
Landscape Maintenance Assessment District j 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 ofIntention No. adopted by the Mayor and Common Council of the
City of San Bernardino on the day of
ADVANCE OF ESTIMA TED COSTS OF PROCEEDINGS - On November 28.2006, pursuant to Section
12.94.030 of the Municipal Code, the developer deposited $5,900 with the City to cover the estimated cost of
proceedings. At the conclusion of the proceedings and after confirmation of all costs. any amounts remaining will be
returned to the developer. If actual costs are more than the deposit. then the remainder can either be paid in a lump
sum by the developer or assessed against the properties involved.
EASEMENTS - All landscaping to be maintained will be within the dedicated right of way and/or within
landscape maintenance easements and/or City-owned lots and no maintenance will be carried out on private
property.
DESCRIPTION OF IMPROVEMENTS - The improvements to be maintained include median landscaping
within Orange Show Road adjacent to the development.
Engineer's Report - AD 1059
PLANS AND SPEC/FICA T/Ol'l'S - Plans and Specifications for the landscaping have been prepared by the
developer according to the standards of the City and are subject to final approval by the City prior to the installation
of any landscaping.
DESCRIPT/OIV OF BOUNDARIES - The boundaries of the proposed district are shown on the
Assessment Boundary Map of Assessment District No. 1059 and are generally described as follows: Orange Show
Road. Tippecanoe Avenue. and the northerly. westerly and southerly boundary lines of Parcel Map No. 17132.
"1C/NITY MAP - A vicinity map showing the general location of the proposed Assessment District is
attached as Exhibit "1".
DISTRICT BOUNDAR r iHAP - A proposed Boundary Map has been prepared and is on file in the office of
the City Clerk. A reduced copy of the District Boundary Map is attached as Exhibit "2",
DISTRICT DIAGRAM - A proposed Diagram of the Assessment District has been prepared and will be
filed with the City Clerk after preliminary approval of this Report and will be filed with the County Recorder and
recorded in the office of the City Engineer after final approval of this Report, confirmation of the Assessment Roll
and Resolution Ordering Work. A reduced copy of the Assessment District Diagram is attached as Exhibit "3".
NOTICE OF EXEMPT/OJ\' - 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 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 oflntention 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 (1 residential lot or
unit = I Assessment Unit). The parcels of land within this district are all zoned commercial. To determine the
number of equivalent residential Assessment Units per commercial parcel, the square footage of each such parcel is
divided by 7,200 square feet, which is the average size of a residential parcel within the City of San Bernardino.
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 I
EnRineer's Report - AD 11159
I, Areas of maintenance that front on maior arterial streets. as deternlined by the Circulation Plan of the
City's General Plan. are deternlined to be 15% gel/eral bel/efit and the proportional costs thereof are not
assessable to the District.
,
Areas of mai11lenance that front on secondary arterial streets. as determined by the Circulation Plan
of the City's General Plan. are determined to be 10% gel/eral bel/efit and the proportional costs thereof
are not assessable to the District.
.', ,.\reas of maintenance that front on collector streets, as deternlined by the Circulation Plan ofthe City's
General Plan. are ddermined to be 5% gel/eral bel/efit and the proportional costs thereof are not
assessahle to the Distriet.
-l, ,".reas that front on local streets are deternlined to be 100% special bel/efit and are 100% assessable to
the District.
Based on the City of San Bernardino' s current circulation element of its General Plan. this portion of Orange
Sho\\' Road is designated as a major arterial street. All other landscaping is within easements or permit areas not
'located a10ng any public street. thus 8500 of the cost of landscaping maintenance and appurtenances in the Orange
Sho\\ Road median tronting Parcel "Iap '\0, 17132 (that is. 15% of the cost is gel/eral bel/efit) is deemed to be of
special bel/efit, and there is no other landscaping maintenance assessahle to the lots ,,'ithin the .".ssessment District
Publici\' O\med lands \\'ithin the Assessment Districl.if an\'. are subject to assessments. unless thev receive
. ... - .
no benefit with the exception of public right of way. \\'hich is not subject to assessments, It has been determined that
the City of San Bernardino property will notreceiw any benefit from the maintenance under the Assessment District
and \\ill not be assessed,
METHOD OF FISASCLYG - The estimated cost of the first year's maintenance shall be assessed against
the properties in\'olyed within the current fiscal year or the fiscal year follo\\'ing the establishment of the district.
Depending upon when the costs are assessed and when the actual maintenance is assumed hy the Cit~,. this assessed
"mount 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 ad\'ance 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 pre\'ious assessments, If there is a surplus from the estimated assessment in the e\'ent costs are pre-
funded through pre\'ious assessments. any'such surplus shall be applied as a credit to the following year's assessment
or placed in a reser\'e fund to co\'er future increases or maintenance until such reserws are depleted. The
assessment. whether pre-funded or not. shall be le\'ied. collected and enforced in the same manner. at the same time.
and with the same penal tie,S and interest as in the case of taxes le\'ied for property taxes, Table 1 sets forth the
estimated costs of the first year's maintenance, No Bonds will be sold relative to this Assessment District.
Engineer'.\' Repor/- AD /()5Y
ASSESSJIEXT SPRE4D - Th~ amount of ~ach ..\ss~ssm~nt Unit is d~t~rmin~d b: diyiding th~ total
maintenance costs. including all incidentals. by th~ total numb~r of assessment units. as determin~d by the aboye
J/et/lOtI ofAssess",e/lt. Each parcel in the district is then ass~ss~d based upon the total number <)1' Assessm~nt l'nits
calculated for that parcel.
ASSESSJIEST ROLL -Presently there arc 6 commercial parcels \\ithin Parcel '.Jap :\0. 1713~. with each
parc~rs assessment being based l)n the number ofass~s"l1ent units as d~scribed under .lIef/lOti ofAssessl/lellt: ,\,)
furth~r subdi\'ision of th~ parcels is anticipat~d. ..\n ..\ssessment Roll repres~nting the estimated first year's
maint~nance costs has b~~n prepared tin the 6 parcels within Parcel '.lap :\0, 1713~ and is shO\\'n as Exhibit "5".
F[T['RE APPORTIOS.lIESTS - In the e\'ent that the assessment units. as detenl1ined under '.lethod of
Assessment. change for any parcell s) during the term of the Assessment District. the assessment amount for that
parcel(s) will change accordingly...\ny increases based solely on change in parcel size. land use or density. which
\\ould result inan increase of assessment units. will not be subject to a public hearing as long as the formula lor
determining the assessments as described is applied. Pursuant to Chapter I~. 90 of the San Bernardino '.lunicipal
C,)de. such reapportionments do not require the recording of an amended Diagram \lap,
f[T[,RE /;VCREASES - Due to the nature oflandscape maintenance. it is anticipated that there will be
flllure increases in assessments as contract labor. \\'ater 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 inc-rease 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 pre\'ious year. or 5%.
\\'hiche\'~r is less. The CPI is typically used for maintenance districts. The rate yaries from y~ar to year. but in no
~vent will an increase. if needed. exceed 500 without a majority appro\'al of property 0\\ ners in the district.
THIS SP.KE I:\TE:\TIO:\ALL Y LEFT BL..\:\K
I "
Engineer's Report- AD 1059
TABLE 1
ESTIMATED FIRST YEAR'S COST SUMMARY
Assessment District No. 1059
(Orange Show Road and Tippecanoe Avenue Area Landscape lYiailllenance Assessmelll District)
Description breasts
Ouantil1'
Unit
Cost/Unit
Annual Cost
A
B
C
D
E
F
G
H
t
J
K
-
Maintenance of Groundcover I Shrubs I Irrigation 7,073 Sa. Ft. 0.15 $ 1.060.95
Maintenance of City Fuel-Mod Thinnin. Area 0 Sq Ft. 0.04 $ 0.00
TOTAL AREA OF MAINTENANCE (A + B) 7.073 Sq. Ft. - -
Maintanance of Trees / Irrioation 0 L.S. 0.00 $ 0.00
Water and Energy Costs 7.073 Sq.Ft. 0.08 $ 565.84
Weekly Inspection (labor, overhead) (Total Annual Hrs) 52 Hours 30.00 $ 1.560.00
Annual Asmt. Engineerin' (labor + overhead) 5 Hours 33.00 $ 165.00
Contract Administration (labor + overhead) 15 Hours 22.00 $ 330.00
Incidentals (materials. sUDPlies. other costs) 1 L.S. 100.00 $ 100.00
Outside OeDartmeDt Services (labor + overhead) 1 L.S. 400.00 $ 400.00
Subtotal (A + B + D + E + F + G + H .,. I .,. J) $ 4,181.79
General Benefit Calculations:
Area of Maintenance 7.073 Sq. Ft.
Percent of Total Area (Q I C) ROlllllled 100 %
Proportioned cost of Total Cost (KxR) $ 4,181.79
General Benefit Percenta!!e (S X T) 15 % $ 627.27
General Benefit Amount Not Assessable (T x -I) - $ (627.27
Subtotal $ 3.554.52
Estimated Interest for non-prefunded amounts * 6 Percent $ 213.27
Subtotal . $ 3.767.79
Adjustment (Rounding for Assessment Roll) $ (0.01)
TOTAL FIRST YEAR'S ESTIMATED COSTS $ 3,767.78
Q
R
S
T
U
NOTE: The Unit Costs in the above table are based on an accumulated average of actual costs from
prior years.
* Estimate based on full year's interest. Interest charged only on portions that are not pre-funded by the prior
years assessments as stated above. Rate varies based on City's average earnings as stated above.
ASSESSMENT CALCULA TION -- Applying the Method of Assessment and Assessment Spread described
above. the following formula is used to determine the assessment amount per Assessment Unit:
Total Costs + Total Assessment Units = cost per Assessmelll Unit
thus
$3,767.78 + 137.76 AU = $27.350 per Assessment Unit (AU) per Year
Engineer's Repor/-AD 1059
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, 1059 (Granee Sho\1' Road and Tirmecanoe Avenue
Area Lani/scane Main/cnance Assessme11l Dis/rict).
Date:' /tJ-/J7-t? 7
.
Engineer's Report -AD J()59
List of Exhibits
1. \'icinity I\lap..... .... ..............................................Exhibit "1"
~ 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"
c
"
"-
.. .
o
~A
~
LOCATION OF
ASSESSMEl\l
DISTRICT
VICINITY MAP
. EXHIBIT "1"
I,
,
.
~
,
.
.
I::
1,0
IH
w'
I~ ~
la:c3
! I J1
] 1':1
~ ~
u .
< >
<
~ -
.
o
.
.
~ !i'
~~ ~
~ ~ ~
_ii It
~~1Il f
f~~ 0
=.UJ ~
;;
~ :'1
-"
~ ~ I
~ !~I
~ ~
~~
..
=::: ;
~ ~ I
~~
. d
;''1:: ';. () ~ ~ I ~
~~~~1i ~ ~ !8~1';
~ ~ ~ : ~ j a: ~ jlll :;1
j HUH R ~O Ii
~ ~~';o~~~ I ~~ I ~
ii ~_.;;~~~~~ i-IoU
I - ~~'~= ig ii
'~.~ f~El~i ~ c <L~
Idu ",,,,",,,":'~ i f~ i I~
Juf;' :,!!J
in fUHL'. - - -~
e
.
~
<
",1 ;....
:::: '~
< :::: Z
- -
~ - C/;
~ ~
~ z ~ <
z
:;- - > ~
::::: ,.: < z.: -
< ~ ~ z
Z ~ <
"" ~ r.r; z
- ~ Z :r.
Z < .,'
w -
~ ~ 0/) >-
.- - ;/)
"" .., ~
"., - < z
- - ~
[,:. -
;.. :..; -
- ;;
Z Q ,..., z z
-
~ z < Z
I- < z E
:;;; Z ,., ~ '"
[fJ ~ < 'z: <
z z
::t ,., ~
.- ~ <
- ::::
rr. 0Ci ~ -
"JJ rJ; ~ '.' z
< "'" ~ - <
0Ci v:
<
0Ci rr; :..; ~
<: ~
:..l.J rr; >-
.- 0 ~
'"
z z G
< <
:::: ..;;
8
;;
.
_"E"" i
.- ~ ~~~
~
" ~
....~
~l
Id
~
a
-l
o
~
o
U
eig
:::.0
ii:c:.
~>-l
""~~
~o
<:U1o
U)~n
is
~
~l
Cl:l
<:
U)
I
~~
"
~"II>'
,
4:i
~$,
~~.
q, ~.
9: 'I;'
G..O!~'"
'V
"
f}ll
a:-"i
Q..~.v~
~
_l.Jpr
,.,
~1i
~L
--- - ~-
~-,-------=-==:=
'"
i;j
1/$,
Q..~f/
r..: ei
0' If~'"
Q..
J
C '" I' I
Ii ~ ..,
~ N ..J
Q -III
N
1=
-
-
f
0:: ==
~~ ....
Cl...z c:: -
~~~ ~~~~ X
Z~2 ~~~;: ~
ffi~~ ~ffi~3
co ijj:.:: ;..;... <<:-
z~6 g;~~
<...:s: "".._~
Cf.l~9l!~~~
U.z-' Z0~",
Qwm <li<_....
! 2 Ill: ~ ~ 0(
~~ 0."
-"
u~
.
~8
~~
~l
I
I
I~
II
1:
i
.
..
;;
t:
j
i
~
~
.
~
:E
>-
....
z
u
;;
,t;
l:.~
o.
~i5
~~
ga
~~
~
<
I,
i
.
~
~
;;;
:::: '-'
< -
(.;.J~ z
=-- ~tj;
or. z ~
e 'T' :l :;:
;;.. - > ~
'"" 0 < Z
- .,'
<: 'Tl ......
Z ~- z
,... ,-,<?,
- f- ZrJ1 <
z '" C/;
I u <u..l
;;;;J - c..,.,cr.J -
I ,... '"" ~ CIJ ?-
'"' - - <
- f- ", z
-
f- 00 ::.:J ==>
- U
Z Q ,.., Z z ~
~ Z < -0
~ !"'" <Z ~
Z "-l
i 00 ,.., . Q2
00 r-J < Z <
, r.; ~ 0 :;;: z
'"
00 00 :::: ','
00 00 ~ ::!:
<: r-J ,-, [.;.I z
00 '-' 10- <
00 ::i: < C/;
<: CIJ u 3
"'-l CIJ
0 :l >-
,..
Z Z [j
< <
'" ....l
,-,
I --
,
"'-
~
i:j.
'"
.
r
,
~]
!
~,<,;
,
"
~~o(
'i:JY'
'i:J~~
/
/
--"''''.... ....
",'" ",/'" ..-
....... /,'" ....",/
j ~
lOt!.
i ~ ~
J &1 ~
~
a.:1Ii
~
..,.....
~'<..;
)-
z
...
e.. '"'
::0 '"
o -
~- ~
~'"'
~~
f:,"-
o
'"'.,..
'" 't::.
~ <.:l
'"
:r.
r-
,
,
I
I
~~
~!
Ii
~ x .
iig '= ~ i ~
!~ ~ 111
io~ I =
z:d ::
-> -
2~:;: =1"; =
<~~ 3:.;:- X
zw5 c~i:::: r'
ffi~B ;~=~ -
c:l~~ ~;~3
z~3 c...:::<:;
<(:: ~ B= ="" ~
U)ou ...z<~.
1.;..::::; ~~;::
O~~ ...t=~
~i r.. ~~~..-
-"
u.
I,
~ !
.. i
i ~I
n'
t I
, ,
".
~'tI
!)
f~ c
8:5 i. ~i : if
H, ,;, I'
lii j~Z!g'~
~ i~~,;t~.~ f
~1~: I" I'
Zk~ l:Gji~~
,..~ I"" ,..
'I~u i,,,
eo"" I':: I~
,di;; ~ I I~ I~
Z ii) ~." . U, I I
)d; I['ll: I'~
1m I' n~ I.
;:.,,_..~~ 12 IH Ie;
,,<>; E: , w.1;.... loi:
<
- -
::::: (;
< ::::: ::;
~ '- z
~ en ~
=-. ~ ~
~ z.; :::J <:
> z
- ,. ~
~ < z ~
""' ,., ~
<( "'" ~ ::;0 z
z: ~ <
- r:/l
::::: z en
... r:/l
0 U < '" :5
<( 'W r:/l >-
- '~1 r:/l ~
- ,y " < z
,.., -
- ... ~ ~-..
-~
f- rn - u - ~
. ~
~'-'
z: - :::J Z z .
'-' Q z < -::;
- z z
~ f- < fl.l 15
z: :::J ~
'J;. ,... <:
r:n [;;;J <: z z
[;;;J ~ 0 < '"
:::: ~
'J;. r:n ::;0
r:n r:n ::: z
<( foil o~ <
r:n "" < en
r:n r:/J u is
<( ~ r:/J ~
0 :::J ~
Z Z U
< <:
:::: ...l
:l
Ie
I~~ ~
m@
~p &
:tOft ~n ~
b-,:)~
- ~ <1<11.(.
"-~-,,-
/1$
/ ~,
/ ~7
/ /I
, i417
f
II
II
,j1
:
,
.
;; ~ j
: ~ "Iz~l
~ i~ ~ii
Ii ! ~ ';j
. I Wi
- !ji~
. '101
h~:
~ "I r I~;
~ ! 3 i!~
: . , [iI
f ,f ~.
; ~ I ~
~ ~Ji~!
; I
el';
j I Iii i
~.!' ~
1 ~ =:1 ~
~ ~
g .c.
<;
~ -
.
.
,
~
is
iC
j~
,e
'<
'"
0; i~
" I~
k, If
~~
"
~
, ~
...--~
,
4$,
t
~
sg
c5
%
I.)
~'5
:::.,0
~i&:
~>..~
~~\
~o
:;:1.):-
~~n
Q
~ll
~!
<Xl
:;:
~
~
)
i;j
e ,%'$,
Ci;Q.1/
c.", ~.
Q. 'V ~ 6J
"v
"
fJ/l
$~ie
,., "'",
- - --l__:_ ~
.......-r--
-.!~--
---
----
'"
ijj
J.:> $,
4.."'/l
"".9/e
~ ~~
o .
4..
II
~
;;
--#
..~//
,.~~ ~>~.
/" V..~/ ~<,:,<':'
/./
~'J..
~(;ii-
~
1;
I'
, ~
I
!
~ I
.
i
0
.r;
l:
i/
.
.,
;;
!;
~
Q
I~
i-
-
-
O~ =
~~ ""I"'l
Clffiz ~c:!'- -
a:cno z~Z"- ~
<{ Z: ~ ;:; < <::::: r~'
Z~2: :;:=:;;:=-
ffi15~ ~~~3
CDlil~ ..;....<:-
::> c:: ;::: <:::;;: Z
~~~ ~g$a
(f)Ot) c<u!"
u.. ~::; z;",'! ~
O~~~tz~
.... 0.. 0-<
~~ "-
G~
...
...
~.
'"
.
;::a
~~
~1
.
..
<
:;:
>-
...
Z
iJ
;;
t
~~
SQ
~~
~a
~~
~
I,
i
.
~
<
,., .
- :-
::>:: ~
< .....
r~' :-- ~
~s:;
~ ~ ,
!!! 2;::; 0::
r-' -- <
- :; z
-
~ 0 <2 2
f.'.
-< r.,-
Z -:;E z
.... 0", <
- i-< 2" cr.
,- '"
'-' U <~ "
-< - Ur/l
- .... ~r./'1 >-
::: - =-< -
i-< _r.' ,-'Z
" :---' --
:- rJ'1 :- U -~
Z - 02 Z ';,..i~
,..
,-, - 2<
- -0
I ~ i-< <2 z
Z UJ -
rJ'1 0'- ;:::
rJ'1 i:;;;J <' <'
i:;;;J ~ O~ z
rJ'1 .....< ~
rr: rr: -:;E -
-< 'J) :;: ,.' z
i:;;;J O~
rJ'1 =< <
OJ
'J) r/lU "-
-< UJCIl 0
0 Cl ~
2 2 -
~:5 u
0
.
~
~]
~~
"'
~...
t:it-.<t-
~<t-<t-
,
,
\
ll:
"',!,
~ ~ ~
E! u l:Q
. ",,,
O:Cli
~
jg
~
Ie
I ~ ~
H~
Iii i
In I
~
z.
<.
...'"
~Q
Q-
u'/i
->'"
~l
~"-
Q
"'~
'" i:::.
1!Ju
,
,
\
'"
or,
r-
'i <' 1-
I~ ~ i ~ i ~
0::: ::
~~ -
offiz ""or:'" -
C:UlO z""'" -
<{~_ <.c:.::z.... v
z~~ ....<~::: ~
c:::!o~~j::~~
CDLU~cnlll::a5z~
I,IJ:':: ;..;...:;:-
z:> c: ;::::<:-.....
crl!5 ~ ::':::~3
cn~u~z:;:~
u.z::;~:;::r.~
O~~ ~g:::~
>-.... a. o=~<
f-~ "~
-"
()~
II
r
CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT
NOTICE OF EXEMPTION
...
r
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.1 059
Project Location-Specific: PARCEL MAP 17132 - ORANGE SHOW ROAD AND TIPPECANOE AVENUE
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
CITY OF SAN BERNARDINO
Name of Person or Agency Carrying out Project:
ExemJ1t 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));
i:il: Categorical Exemption. State type and section number: Class 1 15301(CI 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:
LASZLO FOGASSY
Area CodelTelephone/Extension: (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? 0 Yes 0 No
Signature:
Date:
Title: Real Property Supervisor
[jjj 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
I : ~
CITY OF SAN BERNARDINO
PROPOSED
2008/2009 ASSESSMEl'iT ROLL - AD 1059
ORANGE SHOW ROAD AND TIPPECANOE A VENUE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
,
Parcel 1'\0. Parcel Size AU's per $ per Assessment
or Lot !\'o. (ac.) Parcel AU Amount
0280-24 I -08 2.49 15.06 S27.350 $411.90
028 I -041-64 1.55 9.38 S27.350 $~56.55
028 I -041-65 2.17 13.13 S27.350 $359.1I
0280-241-09 0.41 2.48 S27.350 S67.83
0281-041-66 10.00 60.50 S27.350 $1.654.69
0281-041-67 6.15 37.21 S2i.350 $1.017.71
6 Pa reels ..,.,..,"" 137.76 $3,767.78
__.11
Assessment
No.
~
4
5
6
TOTALS:
Note: The SiAL is found by dividing the Total Assessment Amount by the Total
AU's'Parcel. The Assessment Amount per Parcel is found by multiplying
the AU's/Parcel by the SOA\].
1059/2007
EXHIBIT "5"
Page 1 of 1
--
'-
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
c
c
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 ORANGE SHOW ROAD AND TIPPECANOE AVENUE 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. l059;PRELIMINARIL Y 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. 1059,
Orange Show Road and Tippecanoe A venue Area Landscape Maintenance Assessment District.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, the
Mayor and Common Council of said City hereby preliminarily find and determine that the public
convenience and necessity require, and it is the intention of the Mayor and Common Council to
form Assessment District No. 1059, the boundaries of which are generally as follows:
Orange Show Road, Tippecanoe Avenue, and the boundaries of Parcel Map No.
17132, and as also shown on the Assessment Boundary Map of Assessment District
No. 1059, on file in the office of the City Clerk.
Reference is hereby made to the Engineer's Report on file in the office of tht City Ckrk of said
City for a map of the boundaries of said district, a description of the maintenance, an estimated cost
10/24/07
N(). 10
1 ,,, I <<1 -07
r
'-
c
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
c
1
2
3
RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT LOCATED IN THE ORANGE SHOW ROAD AND TIPPECANOE A VENUE AREA...
ASSESSMENT DISTRICT NO. 1059; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE Of A PUBLIC HEARING.
4 of the maintenance, and a proposed assessment roll which Report and Assessment District Map are
5 hereby preliminarily approved.
SECTION 2. It is the intention of said Mayor and Common Council to order
improvements within. the district, which improvement shall consist of, but are not limited to, the
maintenance of landscaping and all appurtenances within the median within Orange Show Road,
between Tippecanoe A venue and the northerly boundary of Parcel Map No. ] 7132. The estimated
cost of said maintenance for the first year, including incidental costs, less general benefit amounts,
IS $ 3,767.78.
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, and publicly owned parcels, or portions thereof, not receiving a benefit from said
maintenance within said Parcel Map No. 17132, 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 the equivalent of a single
residential lot of 7,200 square feet, or any portion thereof, 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 assessment units, actual or by formula, within the
10/24/07
2
c
c
c
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT LOCATED IN THE ORANGE SHOW ROAD AND TIPPECANOE AVENUE AREA...
ASSESSMENT DISTRICT NO. 1059; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC HEARING.
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
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. 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
full particulars.
SECTION 6. NOTICE IS HEREBY GIVEN that public hearing will be held on Monday,
10/24/07
3
c
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
c
c
RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT LOCATED IN THE ORANGE SHOW ROAD AND TIPPECANOE A VENUE AREA...
ASSESSMENT DISTRICT NO. 1059; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC HEARING.
January 7, 2008, 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 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. "D" Street, San Bernardino; California, 92418, prior
to 4:00 p.m., January 7,2008. 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 January 7, 2008. 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 ofthe 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 January 7, 2008, protests have been filed and
not withdrawn by property owners representing over 50% of the assessment units to be assessed,
or ballots returned representing over 50% of the assessment amount of the returned ballots, these
10/24/07
4
r-.
10..,...
c
c
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 THA T THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT LOCATED IN THE ORANGE SHOW ROAD AND TIPPECANOE A VENUE AREA...
ASSESSMENT DISTRICT NO. 1059; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC HEARING.
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 ofthe
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 l2.90.040(C) of the San
Bernardino Municipal Code.
/II
/II
10/24/07
5
c
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
c
c
RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT LOCATED IN THE ORANGE SHOW ROAD AND TIPPECANOE AVENUE AREA...
ASSESSMENT DISTRICT NO. 1059; PRJOLIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC HEARING.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Conunon 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
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this ~ day of .
,20_,
PATRICK J. MORRIS, Mayor
City of San Bernardino
Approved as to form:
II
/
e:rv>w.
Jt ES F. PENMAN, City Attorney
10/24/07
6