HomeMy WebLinkAbout16-Development ServicesCITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Authorization to proceed and
Resolution of Intention -formation of a
Dept: Development Services Landscape Maintenance Assessment District in
the Foothill Drive and Sterling Avenue Area
Date: July 24, 2008 (Tentative Tract No. 14112).
File No. 14.40-149 MCC Date: Aueust 18.2008
Synopsis of Previous Council Action:
None.
Recommended Motion:
1. 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 Foothill Drive and Sterling Avenue Area, to be known as Assessment District
No. 1058; AND
2. Adopt Resolution.
~ti~u~rG.~ia~
Valerie C. Ross
Contact person: Ryan Sandoval Phone: 5226
Staff Report, Maps, Engineer's
Supporting data attached: Rennrt Resnlntinn Ward:
T~
FUNDING REQUIREMENTS: Amount:
4
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
Agenda Item No. ~ ~ ~
g-r s-os
Page 1 of 3
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to proceed and Resolution of Intention -formation of a Landscape Maintenance
Assessment District in the Foothill Drive and Sterling Avenue Area (Tentative Tract No. 14112).
BACKGROUND:
On June 3, 1998, the Plazuring Commission approved Tentative Tract Map No. 14112, generally
located on Sterling Avenue, north of Foothill Drive. On November 29, 2006, Sterling Heights
LLC, the developer/owner of this 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 the district has been delayed because of numerous issues that have
not been rectified until recently. 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
landscaping with slopes along portions of Sterling Avenue, Gill Court, Danika Court, Bluff
Court, Briaz Court, Brooks Court, Daily Canyon Road, and Canyon Edge Road, and Lot 25 all
within Tentative Tract No. 14112 boundaries. Other areas to be maintained will be the fuel
modification thinning azea within the Tract boundaries, within the San Bernardino County Flood
Control permit area, within City Water Department property, and all retention basins, catch
basins, debris basins, valley gutters, and storm ceptors located within the Tract boundaries.
Currently, the boundary of the Tract contains a total of 2 parcels of land, but once the final map
for Tract Map No. 14112 is approved and recorded, it will create 56 residential lots (initially 55
buildable parcels) and the annual cost of maintenance and incidentals will be spread across these
55 residential lots. Lot 25 will not be assessed until an easement is obtained within a portion of
Assessor's Pazcel No. 0285-071-10 (shown as future Fuel Modification area), and the City's
easement across Lot 25 is relinquished, at which time Lot 25 will be an assessable parcel. Part of
the formation proceedings includes the preparation of an Engineer's Report, which details the
costs necessary to carry out the ongoing maintenance of landscaping and is attached for your
review. As set forth in the Engineer's Report, the estimated total annual assessment, including
all incidental expenses, is estimated to be $273,294.45. 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, 100% of the
cost of landscaping maintenance and appurtenances within Tentative Tract No. 14112 is deemed
to be a special benefit and this amount will be spread across the 55 lots within the District. The
annual maintenance cost per lot will be $4,968.99. Although this annual assessment amount per
lot is unusually higher then other districts, this azea consists of large open azeas of maintenance
and slopes that are not usually seen on other districts, as well as a relatively small number of lots
in compazison to the total maintenance areas. 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 this amount will either need to be approved by the property owners within the
//`~, District, or be paid for by the City.
Page 2 of 3
StajjReport -Continued
(~ The attached Resolution of Intention sets a public hearing for October 6, 2008, and preliminarily
~"' approves the Engineer's Report. Approval of this District will be subject to an assessment ballot
process, which requires a majority approval by the property owners within the proposed District
boundary. Ballots are weighted proportionally to the amount of the proposed assessment for each
parcel. The owners of record will be given mailed notice of the public meeting and hearing,
along with an Assessment Ballot form. Since ali of the properties within the District are cuaently
under one ownership, no protests are anticipated. Future property owners will purchase the lots
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 $5,900 processing fee. Estimated costs of annual maintenance in the
amount of $273,294.45, deemed to be a special benefit, will be assessed back to property owners
within the Assessment District. This District will have no general benefit amount that will need
to be paid by the City.
RECOMMENDATION:
Staff recommends that authorization be given to proceed with the formation of a Landscape
Maintenance Assessment District in the Foothill Drive and Sterling Avenue Area to be known as
Assessment District No. 1058, and that the attached Resolution of Intention, be adopted.
ATTACHMENTS:
- Vicinity Map
- Diagram Map
- Engineer's Report
- Resolution
Page 3 of 3
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
® Indicates uMncorporeted areas within Citys
Sphere oflnfluence
Proposed Landscape Maintenance
Assessment District No. 1058 -
Foothill Drive & Sterling Avenue Area
(Tentative Tract Map 14112)
Created by: Ryan sandovai ~ Date: air 5ios
- nca r~nu nc
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1058
FOOT}IILL DRIVE AND STERLMG AVENUE ARFA
LANDSCAPE MAINTENANCE ASSFSSME7T DISTRICT
IN THE CITY OF SAN BERNARDQ~'O,
COWTY OF SAN BERNARDPIO, STATE OF CALffORN1A
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CITY OF SAN BERNARDINO °N"""°
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vlclNrrY MAP
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1058
(Foothill Drive and Sterling Avenue Area Landscape Maintenance Assessment District)
In the
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
File No. 14.40-149
CITY Off' SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
Prepared 08/06/2008
,t-"~;Engineers Report - AD 1058
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1058
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 Bernazdino, County of San
Bernardino, State of California on the day of ,
CITY CLERK
City of San Bernazdino
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 Diagrun of Assessment District No. 1058,
were approved and confirmed by the Mayor and Common Council of the City of San Bernazdino, County of San
Bernardino, State of California on the day of ,
CITY CLERK
City of San Bernardino
2
Engineers Report -AD /058
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1058
(Foothill Drive and Sterling Avenue Area Landscape Maintenance Assessment District)
PETITION -- On November 29, 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 hazdscaped areas. These improvements are relative
to the proposed development within Tentative Tract Map No. 14112. 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 by the City to relieve the City from having to maintain the
azeas of landscaping.
AUTHORIZATION -- On , 2008, 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. 1058 (Foothill Drive and
Sterling Avenue Area Landscape Maintenance Assessment District) pursuant to the provisions of San
r"`~ernazdino 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 January 9, 2007, 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 confumation 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 azeas to be maintained will be within City owned property, dedicated right of way, or
within easements granted to the City, and within San Bernardino County Flood Control permit area for maintenance
purposes and no maintenance will be carried out on private property.
DESCRIPTION OFIMPROVEMENTS -The improvements to be maintained include, but are not limited
to the following:
1. Landscaping and all appurtenances within slopes along portions of Sterling Avenue, between Foothill Drive and
the north line of Tract 14112; and within slopes along portions of the following streets: Gill Court, easterly of
Sterling Avenue; Danika Court, easterly of Sterling Avenue; Bluff Court, westerly of Sterling Avenue; Briaz
Court westerly of Sterling Avenue; Brooks Court, westerly of Sterling Avenue; Daily Canyon Road,
northwesterly of Sterling Avenue; and Canyon Edge Road, between Daily Canyon Road and Sterling Avenue,
and all landscaping and appurtenances within Lot 25, all within the Tract boundaries.
Engineers Report - AD 1058
~i2. Various Fuel Modification Thinning Areas all within Tract boundaries; and all portions of the fuel modification
thinning azea within the permit area granted by the County of San Bernardino Flood Control District northerly
of the Tract boundaries and within San Bemardino Municipal Water Department property easterly of the Tract
boundary. The maintenance of Lot 25 will be removed from the District and the future Fuel Modification azea
located to the northeast of the Tract boundaries (portion of Assessor's Parcel No. 0285-071-10), will be included
in the maintenance once an easement is obtained from the property owner.
All retention basins, catch basins, debris basins, storm ceptor, valley gutters, and all appurtenant facilities located
within the Tract boundaries.
The estimated costs associated with the various items of maintenance are shown in Table 1 and Table 1-Exhibit
..A~.
PLANSAND SPECIFICATIONS --Plans and Specifications for the landscaping have been prepared by
the developer according to the standazds 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. 1058 and are generally described as follows:
All of the boundary lines of Tentative Tract No. t4112, together with the boundaries of the fuel
modification thinning area with the San Bernardino Flood Control District permit area, and the fuel
' modification thinning area within San Bernardino City Water Department property, as shown on said
Boundary Map.
VICINITYMAP -- A vicinity map showing the general location of the proposed Assessment District is
attached as Exhibit "1".
DISTRICT BOUNDARYMAP -- A proposed District Boundary Map has been prepared and is on file in
the office of the City Clerk. A reduced copy of the District Boundary Map is attached as Exhibit "2".
DISTRICT DIAGRAM -- A proposed Diagram of the Assessment District has been prepared and will be
filed with the City Clerk after preliminary approval of this Report and will be filed with the County Recorder and
recorded in the office of the City Engineer after final approval of this Report, confirmation of the Assessment Roll
and Resolution Ordering Work. A reduced copy of the Assessment District Diagram is attached as Exhibit "3".
NOTICE OFEXEMPTION -- 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 OFASSESSMENTAND 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
determined to be equal to the area of each lot or parcel that utilizes the landscaped azeas either as ingress and
egress or by actual physical use of the land as in the cases of lazge open areas. The boundaries of the proposed
4
Engineers Report - AD 1058
district are drawn with this in mind and the Resolution of Intention delineates the specific areas of maintenance,
which will benefit all of the properties within the boundaries. Thus, each residential lot or unit, be it a single family
lot, a condominium or an apartment will be assessed an equal share in the cost of maintenance (1 residential lot or
unit = I Assessment Unit).
The benefit received by the parcets 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 benefrt given by the improvements, which may not be assessed to the
pazcels 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 specie/ benefrt to the district
only and are 100% assessable to the pazcels within the boundaries of the assessment district, except as follows:
1. Areas of maintenance that front on major arterial streets. as determined by the Circulation Plan of
the City's General Plan, are determined to be IS% general benefit and the proportional costs thereof
aze 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, aze determined to be 10% general benefU and the proportional costs
thereof are not assessable to the District.
1 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 S% general benefit and the proportional costs thereof are
not assessable to the District.
4. Areas that front on local streets aze determined to be 100% special benefit and aze 100% assessable
to the District.
These percentages are based on the traffic circulation for the various street classifications.
Based on the City of San Bernazdino's current circulation element of its General Plan, all streets within the
Tract Boundaries are all designated as local streets. Thus 100% of the cost of landscaping maintenance and
appurtenances within Tentative Tract No. 14112, is deemed to be of special benefrt and assessable to the lots 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 fast year's maintenance shall be assessed against
the properties involved within the current fiscal yeaz or the fiscal yeaz 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 ofpre-funding the first year's maintenance contract and incidental costs. Once the
qty has assumed the responsibility for the maintenance, the properties may be assessed in advance each year
ereafter to establish a source of pre-funding each year's costs, or may be assessed for the actual contract and
Engineers Report - AD 1058
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 in maintenance costs.
The assessment, whether pre-funded or not, shall be levied, collected and enforced in the same mariner, 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 yeaz'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 ojAssessnrent Each parcel in the district is then assessed based upon the total number of Assessment Units
calculated for that pazcel.
ASSESSMENT ROLL -- There will be 56 single family parcels and 7 lettered lots within Tract No. 14112,
once the final map is recorded, with each parcel representing 1 assessment unit as described under Method of
Assessment, and assessments aze spread accordingly. Lot 25 will not be assessed until an easement is obtained
within a portion of Assessor's Parcel No. 0285-071-10 (shown as future Fuel Modification area), and the City's
easement across Lot 25 is relinquished, at which time Lot 25 will be an assessable parcel. No further subdivision
of the parcels is anticipated. An Assessment Roll representing the estimated first yeaz's maintenance costs has been
repared and is shown as Ezhibit "S". Currently, the boundary of the district contains two (2) parcels of land that
will be subdivided into the 56 single family pazcels (initially 55 buildable parcels) and 7 lettered lots, along with
the following properties outside of Tentative Tract No. 14112 boundaries that the Fuel Modification area will cover:
two (2) parcels that are owned by the San Bernardino County Flood Control District, a portion of one (1) parcel that
is privately owned, a portion of City of San Bernardino Water Department property, and one (1) remnant parcel (I.ot
B). Any parcels remaining vacant, or not being subdivided, will be assessed based on the number of single family
lots that could be built pursuant to the City's existing General Plan.
FUTUREAPPORTIONMENTS -- In the event that the assessment units, as detenmined 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 (e.g. as stated above)
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
Bernazdino 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 yeaz to year, but in no
event will an increase, if needed, exceed 5% without a majority approval of property owners in the district.
6
Engineers Report - AD 1058
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TABLE I
ESTIMATED FIRST YEAR'S COST SUMMARY
Assessment District No. 1058
(Foothill Drive and Sterling Avenue Area Landscape Maintenance Assessment District)
Dasrrintiarr o1'Casts OekaNiN Unit Cast/llnit Annual Cast
Mairgermnce of'Ilnf/ Irci 'on 18,836 .Ft. 0.20 $ 3,767.25
Mairderran¢e of SI / Groundcover / Sleubs / Irri 'on 355,197 .Ft 0.25 $ 88,799.16
Mainteriar~ce of Trees 192 Ea 50.00 $ 9,600.00
LANDSCAPE AREA S[JBTOTAL: A+ B 374,033 . Ft.
Icri 'ari Costs water and 374,033 .Ft 0.10 $ 37,40329
Mairaenance of Fuel-Mod thirnting area
(Intl firms Fuel-Modarea - x 28,900 . ft)
1,013,133
.Ft.
0.06
$ 60,787.98
Mairrtenance of all Reteuion Basirs, Catch Basins, Valley
Gutters, Grate Catch Basins, Stone Captor System, Debris
Basins, and Stard Pi Inlets Sce Table 1- Eshibit "A'~
1
LS.
55,000.00
$ 55,000.00
TOTALD~WOVIENANCEAREA: + 1,387,166 .Ft.
W atal Annual Hrs 104 Hours 40.00 $ 4,160.00
Anrwal Assmt S Haas 55.00 $ 275.00
Contras Adtnir-ti1ratiar labor+o 15 Hours 30.00 $ 450.00
Incidentals materials, ies,othercosts 1 LS. 300.00 $ 300.00
tide services i LS. 400.00 S 400.00
Annual ~ Pemvt Fce to SBCFCD 1 LS. 650.00 $ 650.00
Subtotal A thnr $ 257,825.42
General Benefit Calculatia~s:
Area of General Bcecfit - .Ft.
Penxre of Total Area / 0°/
Subtotal O' $ - .
Genaal Benefit 0°/
C,eneral Benefit Amorart Not Assessable S' $ - $ -
Subtdal (O+ $ 257,825.42
Estitrieted interest for ran anwurus' 6°/ $ 15,469.53
Subtotal + $ 273,294.95
Adjustrnent for Assessment Roll) $ (0.50)
TOTAL FIRSP YEAR'S ESI7MATID COSfS (X+~ $ 273,294.45
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
a $273,294.45 +SS = $4,968.99 per Assessment Unit per year.
7
TABLE I -EXHIBIT "A"
MEMO
To: Jamey Dye. Associated Engineers
From: Pamela Lucado, Consultant
Subject: Sterling Heighb Estimated O & M for Drainage Maintenance
4-9-08
The following is an estimate of the operation & maintenance rnsb for
Erosion/Drainage now and after the Sterling Heights development is built-out, as
designed.
PRESENT DAY BMP REPAIR ESTIMATE
Present day estimate to repair and maintain eaiating erosion control Site BMP's:
$3,000 work task 1 day; or S5,000 with vector truck work task 2 dsys(truck crew 1
day, Isbor crew 1 day)
Work Tasks:
Overall minimum maintenance warranted, based on field observations on 4-8-OS.
Vandalism & additional rain evenb could add work to task list provided below.
t^ 1. Remove and replace broken bags, less than 25 bags.
~,+ 2. Repair silt fence, down in 2 places.
3. Repair area of vandalism on service road.
4. Remove and repaece visqueen prior to neat rainy season.
5. Add bags to chevrons with sediment build-up to top of bags.
6. Add bags to area of visqueen bag berm.
7. Remove sediment build up by brooms & buckeb; or vector truck.
• Work effort by 6 man labor crew dt BMP site supervisor; or 3 man labor crew,
BMP site supervisor & vector truck with 350' vac hose & truck assistant.
DEVELOPMENT BUILD-OUT DRAINAGE MAINTENANCE ESTIMATE
Estimated operation & maintenance cost $J9,250 plus materials, disposal & testing
costs. With misc. added cosh $ 55,000* see page 2. Note: Estimate is in 2008 dollars.
Work tasks:
1. Storm Captor, quantity 1; labor cost 52,000 plus debris disposal & testing costs
Quarterly maintenance, vector truck and field labor crew.
2. Catch Basins, quantity 27; tabor cost 512,150 plus materials
Quarterly maintenance & filter replacement as needed. Catch basin work crew.
3. Valley Gutters; Isbor cost SI8,000 plus trash removal cost
Quarterly maintenance & cleaning;2-3 days per cleaning
4. Grate Catch Basins, quantity 6; Labor cost 52,700 plus materials
Quarterly maintenance & filter replacement as needed; catch basin work crew.
Development build-out O&M Drainage maieteosnce costs(cont.):
Page 2
5. OUTFALLS/DEBRIS BASINS/ RIP RAP, quantity 20;Labor cost $10,800 plus
materials
SEMI ANNUAL maintenance, estimate 1-3 days per basin area; weed, remove trash
& sediment & debris build-up; work done prior to rainy season and prior fire
season.
6. STAND PIPE INLETS, quantity 3;Labor Cost $3,600 plus materials
Yearly maintenance; estimate 2 days/ stand pipe, remove & replace filter rock &
material as Deeded.
• Work effort 6 man labor crew, work task noa. 3,5,6; vactor truck & truck
assistant, work tasks nos. l 8c 5, and 2 man catch basin work crew, work tasks
nos. 2&4
Cost estimate per crew type:
6 man Isbor crew @ $1,800/day
Vactor truck & truck assistant @ $1,850/day plus debris disposal fees
2 man catch basin crew @ $450/ 4 catch basins
*A working number for added material, misc. disposal cost and testing estimated at
10%
Total estimated O&M drainage maintenance coat after project build-out $55,000
Tbese cost estimates are projeMed based ou industry standard unit costs, actual bid
costs could vary.
Engineers Report - AD 1058
ENGINEER'S STATEMENT
This Report, together with the Assessment District Boundary Map, Assessment Diagram and Proposed
Assessment Roll has been prepazed and is being filed pursuant to and in compliance with Chapter 12.90 of the
San Bemazdino Municipal Code and also in compliance with the requirements set forth in Article XIIID of the
California Constitution for the establishment of Assessment District No. 1058 (Foothill Drive and Sterline
Avenue Area Landscape Maintenance Assessment Disstrictl.
~jDate Robert G. Eisenbeisz, City Engineer
~,1 ..cOFESS/n.
No. 549'1
E.a. F-SO-10
CIVIL /
Engineers Report - AD 1058
List of Exhibits
1. Vicinity Map.
2. Reduced copy of Boundary Map ......................
3. Reduced copy of Assessment District Diagram
4. Copy of "Notice of Exemption"..........
5. Proposed Assessment Roll (FY 2009/2010)......
Exhibit "1"
Exhibit "2"
Exhibit "3"
Exhibit "4"
Exhibit "5"
LOCATION OF
VICINITY MAP
CITY OF SAN BERNARDINO
7 DEVELOPMENT SERVICES DEPARTMENT
~ REAL PROPERTYSECTpN
indicates un-incorporated areas within CKys
Sphere of Intluence
Proposed Landscape Maintenance
Assessment District No. 1058 -
Foothill Drive & Sterling Avenue Area
(Tentative Tract Map 14112)
Created by: Ryan sandovai ~ Date: 4!15/08
EXHIBIT "1"
ASSESSMENT BOUNDARY
ASSESSMENT DISTRICT NO. 1058
FOOTHB.L DRIVE A.ND STERLING AVENUE AREA
LANDSCAPE MAMENANCE ASSESSMENT DISTRICT
M TBE CITY OF SAN BERNARD~O.
COUNTY OF SAN BERNARDRJO. STATE OF CALIFORNIA
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EXHIBIT"2"
T
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1058
FOOTHILL DRIVE AND STERLING AVENUE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE CITY OF SAN BERNARDRJO,
COLNTV OF SAN BERNARDRVO, STATE OF CALB'ORNL\
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EXHIBIT "3"
V ICINI'IY MAP
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
COUNTY CLERK
COUNTY OF SAN BERNARDINO
385 NORTH ARROWHEAD AVENUE
SAN BERNARDINO, CA 92415
Project Titk: ASSESSMENT DISTRICT NO. 1058
Project Location-SpecNlc: Tentative Tract Map No. 14112 --FOOTHILL DRIVE AND STERLING
AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
Project Location-City: SAN BERNARDINO Project Location-CouMy;$AN 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 Pro)sct: CITY OF SAN BERNARDINO
Exam t Status: (cMck one)
Mlnisbdal (Sec. 21080(bX1);15268);
^ Declared Emergency (Sec. 210t10(b)(3);1528Y(a));
^ Emergency Project (Sec. 21080(b)(4);15289(b)(e));
~ Catego-ICaI Exemption. Stab type and section number: Class 1 15301(cl Res.90-217.Sac. 82c
^ Statutory Exemptions. Stab cods number:
Reason why project Is exempt: ESTABLISHMENT PROCEEDINGS FOR ASSESSMENT DISTRICT TO
PROVIDE FUNDING SOURCE FOR MAINTENANCE OF LANDSCAPING
Lead Agsney
Conbct Parson: RYAN SANDOVAL Area Cods/Telsphons/Exbnalon:f909) 384-5226
It filed by applicant:
1. Attach eer[Ified document of exemption finding.
2. Has a notice of exemption been filed by tM public agency approving the project? ^ Yes ^ No
Signature: Dab: Titls:_ Real Property Specialist
E j I ~ Signed by Lead Agency ^ Signed by Applicant Dab received for filing at OPR:
CITY OF SAN BERNARDINO
r PROPOSED
~y,.~ 2009 / 2010 ASSESSMENT ROLL - AD 1058
FOOTHll.L DRIVE AND STERLING AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
Assessment No. Parcel No. or Lot No. Assessment Amt.
0 0285-071-10 $0.00
O 0155-281-17 $0.00
0 0155-601-69 $0.00
0 0155-281-16 $0.00
O 0155-361-25 $0.00
0 0155-372-33 $0.00
1 0155-591-21 $268,325.46
2 OI55-372-36 $4,968.99
TOTALS: 8 Panels $273,294.45
a
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211
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 FOOTHILL DRIVE AND STERLING AVENUE AREA WITHOUT
COMPLIANCE WITH THE SPECLAL 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. 1058; PRELIMINARILY APPROVING THE
ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING.
WHEREAS, the City of San Bemazdino (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. 1058,
Foothill Drive and Sterling Avenue 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 Bemazdino Municipal Code, the
Mayor and Common Council 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. 1058, the boundaries of which aze generally as follows:
All of the boundary lines of Tentative Tract No. 14112, together with the boundaries of
the fuel modification thinning azea with the San Bemazdino Flood Control District
permit azea, and the fuel modification thinning azea within San Bernardino City Water
Department property, as shown on said Boundary Map.
Reference is hereby made to the Engineer's Report on file in the office of the City Clerk for a map
of the boundaries of said district, a description of the maintenance, an estimated cost of 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 FOOTHILL DRIVE AND STERLING AVENUE AREA ...
ASSESSMENT DISTRICT NO. 1058; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC HEARING.
maintenance, and a proposed assessment roll which Report and Assessment District Map aze
hereby preliminazily approved.
SECTION 2. It is the intention of the Mayor and Common Council to order improvements
ill
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within the district, which improvements shall consist of, but aze not limited to, the maintenance of
landscaping and all appurtenances within slopes along portions of the Sterling Avenue, between
Foothill Drive and the north line of Tract 14112; and within slopes along portions of the following
streets; Gill Court, easterly of Sterling Avenue; Danika Court, easterly of Sterling Avenue; Bluff
Court, westerly of Sterling Avenue; Briaz Court westerly of Sterling Avenue; Brooks Court,
westerly of Sterling Avenue; Daily Canyon Road, northwesterly of Sterling Avenue; and Canyon
Edge Road, between Daily Canyon Road and Sterling Avenue; and portions of Canyon Edge Road,
between Daily Canyon Road and Sterling Avenue; all landscaping and appurtenances within Lot
25; and all portions of the fuel modification thinning azea within the permit azea granted by the
County of San Bernardino Flood Control District northerly of the Tract boundaries and within San
Bernardino Municipal Water Department property easterly of the Tract boundary; and all retention
basis, catch basins, debris basins, storm ceptor, valley gutters, and all appurtenant facilities located
within Tract boundaries. The maintenance of Lot 25 will be removed from the District and the
future Fuel Modification area located to the northeast of the Tract boundaries (portion of
Assessor's Pazcel No. 0285-071-10), will be included in the maintenance once an easement is
obtained from the property owner. The estimated cost of said maintenance for the first yeaz,
including incidental costs, less general benefit amounts, is 5273.294.45.
SECTION 3. Said contemplated work and improvements are of more than local or
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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 FOOTHILL DRIVE AND STERLING AVENUE AREA ...
ASSESSMENT DISTRICT NO. 1058; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC HEARING.
ordinary public benefit, and that the Mayor and Common Council do hereby make the expense of
such work and improvements chargeable upon the district, which district is hereby declazed to be
the azea benefited by said proposed work and improvements, 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 development, 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 particulaz parcel will be based upon the basis of a single residential unit being
one assessment unit and the percentage of costs will be assessed proportional to the percentage of
the total assessment units on each pazcel as it relates to the total number of assessments, actual or
by formula, within the district. Reference is hereby made to said Engineer's Report, on file in the
office of the City Clerk, for full particulazs and proposed assessment amount against each parcel.
SECTION 5. The assessment financing alternative to be followed shall be as follows:
~~./
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 yeaz or the fiscal year following
the establishment of the district. Depending on when the costs aze assessed relative to when the
maintenance is assumed by the City, this assessed amount can be used as asource ofpre-funding
the first yeaz'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
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RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT LOCATED 1N THE FOOTHILL DRIVE AND STERLING AVENUE AREA ...
ASSESSMENT DISTRICT NO. 1058; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC HEARING.
credit to the following yeaz's assessment or retained in a reserve to offset future increases. Interest
will be chazged 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 eaznings
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 property taxes. Said assessments shall be collected in perpetuity or until terminated by the
Mayor and Common Council. Reference is made to said Engineer's Report for full particulazs.
SECTION 6. NOTICE IS HEREBY GIVEN that a public hearing will be held before the
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Mayor and Common Council of the City of San Betazdino on Monday, October 6, 2008, at 4:00
p.m., in the Council Chambers of City Hall, 300 N. "D" Street, San Bemazdino, 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
appeaz 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., October 6, 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 October 6, 2008. All property owners within the proposed district shall
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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 FOOTHILL DRIVE AND STERLING AVENUE AREA ...
ASSESSMENT DISTRICT NO. 1058; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC HEARING.
also be mailed ballots, which may be used to indicate support 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
no later than the time and date of the public hearing as stated herein.
If at the conclusion of said public hearing on October 6, 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
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 improvements shall be on file with the City Clerk and shall 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
Bemazdino Municipal Code.
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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 FOOTHILL DRIVE AND STERLING AVENUE AREA ...
ASSESSMENT DISTRICT NO. 1058; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC HEARING.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
0 on the day of
7 Council Members: AYES
8
ESTRADA
9
10 BAXTER
11 BRINKER
12 DERRY
~^y 13 KELLEY
~./ 14 JOHNSON
15
MCCAMMACK
NAYS
meeting thereof held
20 , by the following vote, to-wit:
ABSTAIN ABSENT
City Clerk
2111
The foregoing resolution is hereby approved this day of
PATRICK J. MORRIS, Mayor
City of San Bernardino
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Approved as to forme:
Y Ciylnr{.,
ES F. PENMAN, City Attorney
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