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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Nadeem Majaj, Director Subject: Authorization to proceed and
Resolution of Intention - proposed Amendment
Dept: Public Works of Assessment District No. 1055 - Pine Avenue
and Redwood Street Area Landscape, Storm
Date: January 27, 2011 Drain Catch Basins and Sewer Lift Station
Maintenance Assessment District (TT 17716).
File No. 14.40-150A MCC Date: 02-07-2011
Synopsis of Previous Council Action:
01/24/2006 - Tentative Tract No. 17716 was approved with conditions.
07/16/2007 - Resolution No. 2007-308 was adopted, approving the formation of Assessment
District No. 1055.
Recommended Motion:
1. That the Director of Public Works and the City Clerk be authorized to proceed under
SBMC 12.90, with the proposed Amendment of Assessment District No., 1055 —Pine
Avenue and Redwood Street Area Landscape, Storm Drain Catch Basins and Sewer Lift
Station Maintenance Assessment District (Tentative Tract No. 17716); AND
2. Adopt Resolution.
Nadeem Maj a�j//
Contact person:
LASZLO "Les" FOGASSY Phone: 5026
Supporting data attached: Staff Report, Maps, Ward: 5
Amended Eng. Rep., Res.
FUNDING REQUIREMENTS: Amount: S78 (Increase in General Benefit amount)
Source: (Acct. No.): 001-380-5181-0000-0072.
(Acct. Description): Other Operating Expense—Parks Maintenance
Finance:
Council Notes:
�'v
Agenda Item No. 2
Da- 11-o;o//
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to proceed and Resolution of Intention - proposed Amendment of Assessment District
No. 1055 - Pine Avenue and Redwood Street Area Landscape, Storm Drain Catch Basins and Sewer
Lift Station Maintenance Assessment District (TT 17716).
BACKGROUND:
On January 7, 2007, Resolution No. 2007-308 was adopted, approving the formation of Assessment
District No. 1055, ("District") located in the Pine Avenue and Redwood Street area. The formation of
the Assessment District was a condition of approval for Tentative Tract No. 17716. The District was
formed to assess the costs of landscape maintenance along Pine Avenue and the proportionate share of
maintenance costs for a sewer lift station to the properties receiving the benefit.
Subsequent to the formation of the District, the developer/owner, Pine Trails Partners, LLC, has
requested an amendment to the District, consisting of the addition of landscape maintenance of two
slope areas and the maintenance of four storm drain catch basins with filtration devices. The two slope
areas are a part of lots 1 and 19 respectively. These slopes will have access only from the adjacent
landscape area already included in the District. Since the slopes are along Pine Avenue, a portion of
the costs deemed to be general benefit cannot be assessed to the District and will need to be paid from
another source, such as the General Fund. The addition of the storm drain catch basin filtration
devices is for water quality purposes in compliance with the National Pollutant Discharge Elimination
System (NPDES). All flow into the four catch basins will be from within the tract and thus 100% of
the maintenance costs will be assessed to the District.
The attached Amended Engineer's Report gives details of the added maintenance and appurtenant
costs. The total annual cost of all maintenance as shown in the original Engineer's Report was
$36,972.39, which equates to an annual assessment of$948.01 per single family lot within the tract.
The total cost as amended, is $ 41,313.87, which equates to an annual assessment of $1059.33 per
single family lot. As set forth in the original Engineer's Report, $3,712.63 of the total original costs of
maintenance was determined to be general benefit. The amended cost increased the general benefit
portion to $3,790.75, as shown in the attached amended Engineer's Report. The net increase in general
benefit is $78.12 annually.
Although the development has not yet been built, the first year's estimated costs are assessed in
advance to assure that funding is in place at such time that maintenance is assumed by the City. An
assessment roll has been prepared for the increase in costs and is proposed to be assessed on the
2011/2012 assessment roll, as set forth in the Amended Engineer's Report. An assessment roll for all
costs has also been prepared, and will be assessed once the District assumes the maintenance, and is
also set forth in the Amended Engineer's Report.
The attached Resolution of Intention preliminarily approves the Amended Engineer's Report and sets a
public hearing for April 4, 2011. The property owner of record will be sent a notice of the hearing
along with an assessment ballot for the increased assessment only. Since all of the properties within the
District are currently under one ownership, no protests are anticipated. Future property owners will
purchase the units subject to the Assessment District and will be given disclosure of the District and
assessments by the developer or subsequent property owners, as required by law.
Staff Report—Continued
FINANCIAL IMPACT:
The applicant has paid the $5,900 processing fee. Estimated costs of annual maintenance in the amount
of$41, 313, deemed to be a special benefit, will be assessed back to property owners within the
Assessment District. The estimated annual cost of maintenance in the amount of$3,790, deemed to be
a general benefit, will need to be paid from the General Fund once the District assumes maintenance.
This is an increase of$78 over a previously approved general benefit amount. This amount will be paid
from Parks Maintenance Fund (001-380-5181-0000-0072) when the District assumes the
maintenance.
RECOMMENDATION:
1. That the Director of Public Works and the City Clerk be authorized to proceed under SBMC 12.90,
with the proposed Amendment of Assessment District No., 1055 —Pine Avenue and Redwood
Street Area Landscape, Storm Drain Catch Basins and Sewer Lift Station Maintenance
Assessment District (Tentative Tract No. 17716); AND
2. Adopt Resolution.
Attachments:
• Vicinity Map
• Amended Diagram
• Amended Engineer's Report
• Resolution
LOCATION OF
ASSESSMENT
DISTRICT NO. 1055
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Rialto Ave. ®■.r. ■• Q
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Orange Show Rd.
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VICINITY MAP
CITY OF SAN BERNARDINO Proposed Amendment of Assessment
PUBLIC WORKS DEPARTMENT District No. 1055 — Pine Avenue and
REAL PROPERTY SECTION Redwood Street Area (TT. 17716)
indicates un—incorporated areas
/ within City's Sphere of Influence Created by: Date: 01-06-2011
(Rev. September, 2010) y: LG 'z/o oqa. y
•
AMENDED ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1055
PINE AVENUE AND REDWOOD STREET AREA
O LANDS CAPE, STORM DRAIN CATCH BASINS AND SEWER LIFT STATION
MAINTENANCE ASSESSMENT DISTRICT
IN THE CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
Fledm the oei he City Cie,m the City of San Bernardino this days
6�. ( I 1 RACHEL CLPAo.20
R J
Oily e.LAydsan Bernardino tD I nry
w _ OHIO AVENUE t _ssinIhecy"of tSan eereerol,Coumv o"sang for elate oicel�romla.
d by the Mayor and Common Souncii of the City of San Bernardino al a
t I • i eguiaprMaeling tnereol-nerd 20aCT' day of No 2007-69
5' •••" I z I e
p• has
M. a of eoffice. Maps,nNDecorckr.San Bem.dno Caunry on II•••, I Ind �thn lileatlyln'ne f l M Ps AND
•• 20 0�—In BOUx U2
•• age(s)i8
This Pmmerged ASSessmeM Diagram amends Assessment Diagram NO. 1055 prior
:i •• jar., -J°- -- \ roved by.Mayor and Common Council at a re9 reed on t.
417:: approved
.Liu .2007a",by ResduAOn Na
•+, a'2007-A8 and filed in the office a the crony Recorder d San 11�sQ,i•Q tg rr I Gouny on the 25th day of Jul, .20 07
..-.,..••� ' 1Y i in BOOk• in 82 page(s) 99 of Assessment Mains.
1.....„1_ i RACHEL CLARK.
city°ea,Ciy d San Bernardino
I • • ---t I3 t i Recorded the office of the Oily ry Engineer of tre City d San Bernardino this
�� ° _mot_ dday of
• .• -ate--- I CITY ENGINEER
^„ .� -----R-- City of San Bernard.°
%VCS�° I t° t s previously levied by the Mayor and Genenno Council dire
�� r !•••�•∎")•----�-- J �-----5------ i he to and parcels o la NS
Bernardino n` levied.a 20 07 and aidwes mno
y 444M•t . I I ° , day°ol6,nt a pedtrecry Engineer and serd Crty on the
srecom/ed
r r °. nM1a
I.Amended n.lt007.and enen.arereed wsuani to• tlr. _ r�f T--ZIhe office of Me I ° i 10 I yon Engineer tor Ihe exact
�,,g,gB - b SUMP __Mai_--- --J asae„mfM g enllerne each elofand shown onths
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-�, � iRACTN0.t�� 1 , I
wt Assessment District
2
a
- _ ---- LOCATION OF
ASSESSMENT DISTRICT Belmont ee.
6�-9/,. 0 Ith Irvineton Ave.
•
T.
IMMIORTII MIMIC'
TEWIKKAIIIM Location of Sewer
MI 9111,:
,13 Station A-A,Tr.
41110 1 130 036,M.B.195/5515 9-61)
7� VICINITY MAP San Bernardino County Recorder's Certificate
LEGEND
ASSESSMENT DISTRICT BOUNDARY SHOWN AS : ■ ■ ". T map has been filed under this the Document
Nhis umber day
mAVH rit I.,fs7i.7Noca5'r (,'Ciao APPROVED 20— PROPOSED FUTURE LOT LINES SHOWN AS : ---- of 20_,at .m in
e raz ort 771-AN`,uN00-JN. 0-20.:0 Book of Assessment Maps
CITY R
ENGINEER ASSESSOR'S PARCEL NUMBERS SHOWN AS:Gr s-101-'n at Page(s) ,At the request of
AND REFERENCED FOR PARTICULARS OF THE
CITY OF SAN BERNARDINO NO WING LINES AND DIMENSIONS OF SAID PARCELS. the City of San Bernardino In the amount of
PUBLIC WORKS DEPARTMENT ASSESSMENT NUMBERS SHOWN THUS:
REAL PROPERTY SECTION 11g78B NIL ASSESSED PARCEL(S) SHOWN THUS:0 Dennis Draeger
Assesor-Recorder-CI erk
SHEET —OV AREAS OF MAINTENANCE TO INCLUDE County of San Bernardino
PINE AVENUE AND REDWOOD STREET LANDSCAPING, STORM DRAIN CATCH BASINS
AREA LANDSCAPING,STORM DRAIN —_SHEETS WITH FILTRATION AND SEWER LIFT STATION By,
CATCH BASINS AND SEWER LIFT STATION ARE SHOWN AS : ® Deputy Recorder
MAINTENANCE ASSESSMENT DISTRICT
AMENDED
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1055
(Pine Avenue and Redwood Street Area Landscape, Storm Drain Catch Basins and Sewer Lift Station
Maintenance Assessment District)
in the
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
:.1184 te{ rA
`�y,n 1;� +
•
°AIDED114
‘,0
File No. 14.40-150
CITY OF SAN BERNARDINO
DEPARTMENT OF PUBLIC WORKS
Original Report Approved on : 07/16/2007 (Res. 2007-308)
Amended Report Prepared on : January 10, 2011
Preliminary Amended Report Approved on : , 2011
Final Amended Report Approved on : , 2011
Amended Engineer's Report—AD 1055
AMENDED
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1055
FILED in the office of the City Clerk of the City of San Bernardino on the day of
2011.
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 , 2011.
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 , 2011.
CITY CLERK
City of San Bernardino
I HEREBY CERTIFY that the foregoing amended assessments, together with the Amended Diagram of
Assessment District No. 1055,were approved and confirmed by the Mayor and Common Council of the City of San
Bernardino, County of San Bernardino, State of California on the day of , 2011.
CITY CLERK
City of San Bernardino
Amended Engineer's Report—AD 1055
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
REAL PROPERTY SECTION
AMENDED ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1055
(Pine Avenue and Redwood Street Area Landscape, Storm Drain Catch Basins and Sewer Lift Station
Maintenance Assessment District)
ORIGINAL REPORT -- On July 16, 2007, Resolution No. 2007-308 was adopted by the Mayor and
Common Council of the City of San Bernardino approving the formation of Assessment District No.1055,
approving the Engineer's Report ("Original Report") for Assessment District No. 1055 and confirming the
assessment roll set forth therein.A copy of the Original Report is on file in the office of the City Clerk and the office
of the City Engineer.
AUTHORIZATION--On ,2011,by action of the Mayor and Common Council,
the City Engineer and City Clerk were authorized to amend the Original Report as set forth herein in accordance
with Resolution of Intention No. , adopted by the Mayor and Common Council on the
day of , 2011.
VICINITY MAP,BOUNDARYMAPAND ORIGINAL DIAGRAM—A Vicinity Map showing the location
of Assessment District No. 1055 is shown on Exhibit"1".The boundary of the Assessment District shall remain as
previously approved is shown as Exhibit"2-A". A Copy of the original Diagram as previously approved is shown
as Exhibit "2-B".
AMENDMENT — The section entitled "DESCRIPTION OF IMPROVEMENTS" as set forth in the
Original Report is hereby amended to add the following.
"3) The maintenance of landscaping and all appurtenances within the easements for landscape maintenance on the
northwesterly slopes of Lots 1 and 19.
4) The maintenance of four storm drain catch basins with filtration, located adjacent to Lots 5, 17, 24, and 36.
Since the catch basins are located within streets designated as Local Streets and all of the flow into the catch
basins is solely from streets within the Assessment District boundaries, 100%of the maintenance costs for the
catch basins will be assessed pursuant to the"METHOD OF ASSESSMENT AND DETERMINATION OF
BENEFIT" set forth herein."
The amended estimated costs associated with the various items of maintenance, including those set forth in the
Original Report and as added by this Amendment, are shown in Amended Table 1.
1
Amended Engineer's Report—AD 1055
AMENDED ASSESSMENT DIAGRAM --A proposed AMENDED 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 Amended Assessment Roll and the Resolution Ordering Work. A reduced copy of the Amended
Assessment District Diagram is shown as Exhibit "3".
NOTICE OF EXEMPTION -- a "Notice of Exemption" declaring a Categorical Exemption for the
Amendment 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 shown as Exhibit"4".
AMENDED ASSESSMENT ROLL—An Amended Assessment Roll setting forth the amended first years
costs has been prepared pursuant to the "METHOD OF ASSESSMENT AND DETERMINATION OF
BENEFIT"set forth in the Original Report and assessments spread accordingly. Currently,there are four parcels
within the boundaries of Assessment District No. 1055,three of which will be assessed.The fourth parcel,which is
owned by Metropolitan Water District, is not developable and receives no benefit from the maintenance of the
improvements set forth herein and in the Original Report and will not be assessed. In the event this parcel becomes
developable in the future, it will be assessed according the "METHOD OF ASSESSMENT AND
DETERMINATION OF BENEFIT" and"FUTURE APPORTIONMENTS"as set forth in the Original Report.
The Amended Assessment Roll spreading the amended total costs is shown as Exhibit"6". When the map of
Tract No. 17716 is recorded, the total assessment amount will be reapportioned and re-spread to the 39 parcels
proposed within the Tract. Below is a summary of the assessment amount approved in the Original Report and the
assessment amount as proposed by this amendment:
Total Annual Assessment Annual Cost Per Assessment Unit
Original Report $ 36,972.39 $ 948.01
Amended $ 41,313.87 $1,059.33
Increase $ 4,341.48 $ 111.32
Since the Assessment Roll set forth in the Original Report has been previously approved and filed with the San
Bernardino County Tax Collector for placement on the respective property tax bills for the 2011/2012 Tax Year,an
Assessment Roll has also been prepared for only the increased assessment amount pursuant to the "METHOD OF
ASSESSMENT AND DETERMINATION OF BENEFIT" set forth in the Original Report and assessments
spread accordingly, shown as Exhibit"5". This assessment roll will be filed with the San Bernardino County Tax
Collector only for the current tax year; the Amended Assessment Roll shown as Exhibit"6"will be assessed for
subsequent years, subject to increases, if any, as set forth in the Original Report.
EFFECTIVE DATE—The effective date of the amendments as set forth herein shall commence on the day
approved by the Mayor and Common Council and shall apply to all subsequent assessments approved and
levied by the Mayor and Common Council.
EXCEPT AS AMENDED HEREIN, THE ORIGINAL REPORT SHALL REMAIN IN FULL EFFECT
AS PREVIOUSLY APPROVED.
2
Amended Engineer's Report—AD 1055
AMENDED TABLE 1
ESTIMATED FIRST YEAR'S AMENDED COST SUMMARY
Assessment District No. 1055
(Pine Avenue and Redwood Street Area Landscape, Storm Drain Catch Basins and Sewer Lift Station
Maintenance Assessment District)
Description of Costs Quantity Unit Cost/Unit Annual Cost
A Maintenance of Turf/Irrigation 71,270 Sq.Ft. 0.20 $ 14,254.00
Maintenance of Groundcover/Shrubs/Irrigation,including
B DG trail 49,410 Sq.Ft. 0.15 $ 7,411.50
Maintenance of Groundcover/Shrubs/Irrigation,within
* B1 slopes in Lots 1 and 19 3,720 Sq.Ft. 0.15 $ 558.00
D Maintenance of Trees/ Irrigation 1 L.S. 3,000.00 $ 3,000.00
E Maintenance Area Total 124,400 Sq.Ft.
F Irrigation Costs(water and energy) 124,400 Sq.Ft. 0.06 $ 7,464.00
G Annual Lease costs for maintenance of MWD property 1 L.S. 2,325.00 $ 2,325.00
H Weekly Inspection(labor,overhead)(Total Annual Hrs) 52 Hours 35.00 $ 1,820.00
I Annual Assmt. Engineering(labor+overhead) 5 Hours 40.00 $ 200.00
J Contract Adminstration(labor+overhead) 15 Hours 25.00 $ 375.00
K Incidentals(materials,supplies,other costs) 1 L.S. 100.00 $ 100.00
L Outside Department Services(labor+overhead) 1 L.S. 400.00 $ 400.00
M Subtotal(A thru L) $ 37,907.50
General Benefit Calculations:
N Area of General Benefit 124,400 Sq.Ft.
Q Percent of Total Area (N/E) 100 %
p Subtotal (M * 0) $ 37,907.50
Q General Benefit Percentage 10 %
R General Benefit Amount Not Assessable(P* Q) $ 3,790.75 $ (3,790.75)
Maintenance of four catch basins with filtration per year
* R1 based on 20 year maintenance estimate of$67,856 $ 3,392.80 $ 3,392.80
T Pro rata share of sewer lift station maintenance costs 1 L.S. 1,466.00 $ 1,466.00
U Subtotal(M+R thru T) 5 38,975.55
✓ Estimated Interest for non-prefunded amounts* 6 % $ 2,338.53
W Subtotal(U+V) $ 41,314.08
X Adjustment(Rounding for Assessment Roll) $ (0.21)
TOTAL FIRST YEAR'S AMENDED
ESTIMATED COSTS(W+X) $ 41,313.87
NOTE: MAINTENANCE ITEMS ADDED UNDER THIS AMENDMENT ARE MARKED AS " k "
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 $41,313.87 _ 39 = $1059.33 per Assessment Unit per year
3
•
Amended Engineer's Report—AD 1055
ENGINEER'S STATEMENT
This Amended Report,together with the Amended Assessment Diagram and Amended 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 XIIID of the California Constitution for the
Amendment of Assessment District No. 1055.
00/20//
Date Robert G. Eisenbeisz, City Engineer
4
Amended Engineer's Report—AD 1055
List of Exhibits
1. Vicinity Map Exhibit "1"
2. Boundary Map (as originally approved) Exhibit "2-A"
3. Assessment Diagram (as originally approved) Exhibit "2-B"
4. Reduced copy of Amended Assessment Diagram Exhibit "3"
5 Copy of"Notice of Exemption" Exhibit "4"
6 Proposed Assessment Roll (increase only) . Exhibit"5"
7 Proposed Future Amended Assessment Roll (total costs) Exhibit "6"
5
o
I LOCATION OF
ASSESSMENT
DISTRICT NO. 1055
��I��i� J Ohio
%� � ° •,,e CAL-STATE
UNIVERSITY
No�aa*Blvd s N o Scale
%�r � den ■ _�
a� ��//,, 40th St.
Or ` Q
qi 415
S
,,, a Marshall Blvd. / I:cY,A rf
Highland Ave. A� ®� `
�,' to o E Pacific, ',/�`�� \'��
Line St. w in ° A%`\�"�∎∎∎∎
Base L � - � �
I ��i��������
9th St ,,�` Nk:ktyt \
5th St. -. ■��■■■■••EMI ■
Rialto Ave. ... a'
.
Mill St.
o
.
Al a a�
Orange Show Rd.
I�
irai ���� - 17
PI
VICINITY MAP
EXHIBIT "1"
CITY OF SAN BERNARDINO Proposed Amendment of Assessment
PUBLIC WORKS DEPARTMENT District No. 1055 — Pine Avenue and
REAL PROPERTY SECTION Redwood Street Area (TT. 17716)
% indicates un—incorporated areas
//// within City's Sphere of Influence
(Rev. September, 2010) Created by: 1._G G5
q Y
ZI0 O 5 Date: O/ O6 20/1
ASSESSMENT BOUNDARY
ASSESSMENT DISTRICT NO. 1055
PINE AVENUE AND REDWOOD STREET AREA
LANDSCAPE AND SEWER LIFT STATION
MAINTENANCE ASSESSMENT DISTRICT
IN THE CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
OHIO AVENUE
_ $
1 a s •
1 1 1 1 I Filed in the office of the City Clerk in the City of San Bernardino
this day of .20 .
O i• -:' " rr S II RACHEL CLARK,
CC 1 t r0 ` City Clerk.City of San Bernardino
\�\�\1 kg .1 I hereby certify that the within map showing the proposed
■B �t fa . iy i boundaries of Assessment District No.1055 of the City of San California,was
YS A ► • 'r E I approved by the City Coun it of the City of SanlBernardino at a
R L \\\ H \ regular meeting thereof,held on,the
day of
• ___ 20 le Resolution
j No. ,and was filed in the office of the County
$^ I D ) i = Recorder of San Bernartlino County,State of California,on 41 8 the day of ,20 in Book
v r ,page(s) of Maps of
kg `o • 1. V Assessment and Community Facilities Districts.
----'-----4 �E__"— I\
RACHEL CLARK,
W 4 e R I r 17 t n I City Clerk,City of San Bernardino
Z l w 'r
aF A
z
ipMTAIRE MCI I L NB 17716.HON'A SUMMON CFA NCR OF
R 1 n l m 1 r Y 'Q I m I HOCK Mk 1 VIM AID MIER=M SUODNADI
n AS NW NOTE IFCTOOEDxHIDC S(1r reSNA4EA
i�_�___ r / AND x BOOC r I IECOC.S c 51MtIFY,HALE R NEDOImS OF
., S >.� S RECORDS a Sw HAUlO.MO awn
r� i
1 1 1 1 1
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a Assessment District
i' 01 . 1 m1 AI ''s 1 I x a E
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--14,1 i
Irvington Ave.
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WNW MOLE i
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\4ASSEMENTD1STRICT / ,Fn
eb�e 1
� �' _ ,o // Locati n of Sewer
-. Lift Station(Lot A-A.Tr
}�/� 13036,M.B.195'59-61 t
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trurFIAILAIIIMI
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1 I I 111 Qao.rasl
�fAIIGq�,P San Bernardino County Recorders Certificate
MS , VICINITY MAP .,`%*`"., NF
a
NO c aaoae This map has been fled under Document
DRAWN e t2-31_ /» Number this
CHECKED ri. LASZIO FOGASSr olaa6-r APPROVED 20_ \ day of 20_,at_m in
Book of
CIECNED ri� J'4rE0k CAf07
_ CITY TE ED CI at page ,at the request of
t+!ENDED YYt REGISTERED CIVIL ENGINEER rNa
CITY OF SAN BERNARDINO DRAWING in the amount of$
ND.
DEPARTMENT OF DEVELOPMENT SERVICES LEGEND
PUBLIC WORKS DIVISION Larry Walker
ASSESSMENT DISTRICT BOUNDARY SHOWN THUS: Auditor-Controller/Recorder
SHEET_L W County of San Bernardino
PINE AVENUE AND REDWOOD STREET AREA
LANDSCAPING AND SEWER LIFT STATION _l—SHEETS By_
Deputy Record
er MAINTENANCE.ASSESSMENT DISTRICT
EXHIBIT "2-A"
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1055
PINE AVENUE AND REDWOOD STREET AREA
LANDSCAPE AND SEWER LIFT STATION
MAINTENANCE ASSESSMENT DISTRICT
IN THE CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO Filed in the office of the City Clerk in the City of San Bernardino
this day of ,20
RACHEL CLARK,
City Clerk,City of San Bernardino
I hereby certify that the map showing the proposed boundaries for
Assessment District No.1055 in the City of San Bernardino.County
i 1 -� of San Bernardino.State of California,was approved by the Mayor
and Common Council of the City of San Bernardino at a regular
meeting thereof,held on the day of
I P A R E _ ,20 ,by Resolution No.
'.�,_ ,a”,,,.
nd has bean filed in the office of the
County Recorder of San Bernardino County on tyre day of
i % I R a . 1 ,20 in Book
of Maps of Assessment and Community
��, �� ®I ®� ® I Facilities Districts.
--� - 1 RACHEL CLARK,
O 1 i Lily Clerk,City of San 8emartlino
��� /� M I
`\�`, r _ Q Recorded in the office of the City Engineer this day of
Vt � ,20
�� .I/ I ®u CITY ENGINEER
S City of San Bernardino
J , Q R I. Y
oy ,�j'� _ An assessment was levied by the Mayor and Common Council of the
b�ry // ,' 0 1 �� 5® City of San Bernardino on the lots,pieces,and parcels of the land
ea II✓ . shown on this assessment diagram.Said assessment was leased on
2° �� --- 1 the ssessm day of .20_�the
assessment diagram and the assessment roll were recorded in the
%' P �� 1 office of the City Engineer of said Cily on the day of
�,� ( i ,20 Reference is made to the
i' _� assessment roll recorded in the office of the City Engineer for the
�G, r 49). �\` xact amount of each assessment levied against each parcel of land
L1-1 I �/ 0 3 i 1. 1 shown on this assessment diagram.li
Z11 461°.0
tL___ _REDM Q i STREE_L__L J
Q _ ■ RACHEL CLARK,
City Clerk,City of San Bernardino
�y/
a O'ri N ir .i . 1 a n
SI TO St* TRACT IMP M0.11710.MI ER A SANS OF A Pas!OF
I �� I Q.O1X Ja Rl/IO1W LAND AN M1ER CMIANY SADMSCN,
I #j-:// 'f B 0 II 0 10 M 0 0 II AS PR P1A7 IRGV®ED N 6OLR 3 a MAPS PACE a
l3� v_41 s n AID N BOQM 1 OF RECORDS CE SNKK PACE XM.A00'DS OF
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I '—' - ,®ate ....„......7-10-------------) I ®'
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�NI J 1 I 1111 Z.AIT,a>3104 /
1
Irvington Ave._
_ — L
C1
\\ ASSESMENT �DISTRICT
`A'e
SL
fill
% j Location of Sewer
^_ "��: l�l/J�� Lift Station(Lot A-A.Tr.
` // f}7:' �LBR'Ii. 13036.M.B.195159-61)
4.16;11....311-
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MINOPEWAIIIM
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iI pp0�E5510,yr
VICINITY MAP y/ar3KUt�sy�c San Bernardino County Recorder's Certificate
m
No.C 4804 This map has been filed under Document
h Exp.1231-2001/* Number this
DRAWN m L.ASZLU FOCA55Y 01-21-07,APPROVED 20_ day of 20_at_or in
CH ry
CHECKED BY, Sr41E OF CAlf Book of
CITY DOO EEB at page at the request of
•.,n s a:i., _.
CITY OF SAN BERNARDINO DRAWOING in the amount of$
DEPARTMENT OF DEVELOPMENT SERVICES LEGEND
PUBLIC WORKS DIVISION 11878A Larry Walker
ASSESSMENT DISTRICT BOUNDARY SHOWN THUS: Auditor-Controller/Recorder
SHEET_1—OF AREA OF MAINTENANCE SHOWN THUS: County of San Bernardino
PINE AVENUE AND REDWOOD STREET AREA ASSESSMENT NUMBERS SHOWN THUS: O
LANDSCAPING AND SEWER LIFT STATION ___i—SHEETS NIL ASSESSED PARCEL(S)SHOWN THUS: Q By. Deputy Recorder
MAINTENANCE ASSESSMENT DISTRICT
EXHIBIT "2-B"
•
AMENDED ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1055
PINE AVENUE AND REDWOOD STREET AREA
�� LANDSCAPE, STORM DRAIN CATCH BASINS AND SEWER LIFT STATION
MAINTENANCE ASSESSMENT DISTRICT
' ,,4s IN THE CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
Feed m 15.office 0.Giy Ctn..Me 011105 an...to'AB-day s
ray I I 1 RACHEL CLARK
p '�
It J City Get,cry d San Ber,artl
R hereby certify mar.deep showing Cn boutlain brassessmadoicuia No.
- OHIO AVENUE s aasaneemarmno.Ceuaya San Be„n,de,o.sldeaewb,r.a.
. T 055 in,n yme Mayor mW Common Counct, aN a San eY,R,leno da
r _ "'"'`o:17:"u,erea."'7213.67-1,—y 2 s< eyd
r h;� r r+—� a ea in t ode Resdwon NO. ZIX71-'�69
3 I and has been he office d me Cow.Rew,tler d Sen....Gov.a,
a I M1sP day a µa ZO�in�oot BZ
Y paps.)se d Assessment Na.MO
5 mended ACSeszmea Diagram amens Resesemera Dugan RE 0.
�Sr- approved by the Mayor and Common Coon..a raydaneee,g Mbar Bw
6n days Lis d .2077 .IN Reno..No.
e 2�07AE deed in ee office nee Coady Reco.a Sat
n n I i.�uny on me ZSb, day or y. 20 07 li e:� C IS , inSoo page.) 99 aAVSasv...ms.
' RACHEL CLARK ,erinrm,o
jU s i Reco. ice of me city Engineer d Ce Ciy d san Banaem Ies
a:II 3 T L�2 $ -s t ' Gi Bernardino on me lots.pieces, p ,2001 a,hwm weed
.7 P. Gin Jaya
Cy a�\ 3 ii I n Diagram on me
with the assessment roll the office of Cad Engrea Non Cn
inn day of .2007.and ere.eby a...
i Engineers Report on Me M...ame Ciy Glen and
rte City Engineer d said ON and pasuaebb.s Amended OMB._the office m.a aa..asmeme„b ware ianmon rain dw a
��� $ I n N 1 Sald ame .20 d corded in the office 6. Engineer on
9 I fie..._ .,-t. eassecmedrol cwd.din,ko RMre au bme
p�/�yyyy� t.den City Engineer s. br He egad
1 aaa, _ T.-_ --_I arse men assessment coredinMe arnpaelalxgan .Hes
--- - tdagran
r... '
n m n•• •••,' p�
TA a%inra rra" wlELxC.cwity K d
sat..mth-
Z :..i 11 maul
,
CL ::II III
--I
--- m� I I s €
1-Z -►r ii f r '—'1.—%-1-1 _:
F L .1 N 1�J I s 1 a 1 r
-- sewn Alp[ C Ohio /Ave.
—1 -III lix — Way ,( >r/ Il
W
Q 1 Assessment District
W�/
Z
I LOCATION OF I _
°tea SSGSSMBNT DISTRICT adlmpm _JPv•
♦� ���, 0 Irvington Ave.
I
]1 -i. �i...i.
��, _R 10
��' lr. / wanlnpron 9L oe
L
laiiRff MI IMF
iNIII■IL111:11•1111 /
EIT Mr LAlupp Location of Sewer
�I� Lift Station(Lot A-A,Tr.
II ISM , 13036,M.O.195/59-61)
2100k 11111
a1e�
VICINITY MAP San Bernardino County Recorders Certificate
LEGEND
This map has been filed under Document
ASSESSMENT DISTRICT BOUNDARY SHOWN AS : ■ � ■ Number this
NR,yyyyl By, LASZLO fOrd55 020-7C/0 APPROVED 2°— PROPOSED FUTURE LOT UNES SHOWN AS : --- day of 20_,at_m in
DECKED rr, KYAN 5AV0VAL '.0-20-700 t tot t Book of Assessment Maps
• CITY DOWER ASSESSOR'S PARCEL NUMBERS SHOWN AS: D at page ,at the request of
S�re..rM�y rr, REGISTERED CIVIL EICRE`Et rn AND REFERENCED FOR PARTICULARS OF THE
CITY OF SAN BERNARDINO DRAWING LINES AND DIMENSIONS OF SAID PARCELS. in the amount of$
PUBLIC WORKS DEPARTMENT ASSESSMENT NUMBERS SHOWN THUS:
REAL PROPERTY SECTION 11878B NIL ASSESSED PARCEL(S) SHOWN THUS:O Dennis Dreager
Assesor/Recorder/Clerk
T_L. AREAS OF MAINTENANCE TO INCLUDE County of San Bernardino
PINE AVENUE AND REDWOOD STREET LANDSCAPING. STORM DRAIN CATCH BASINS
AREA LANDSCAPING,STORM DRAIN 1 sfEETS WITH FILTRATION AND SEWER UFT STATION By:
CATCH BASINS AND SEWER LIFT STATION ARE SHOWN AS : ® Deputy Recorder
MAINTENANCE ASSESSMENT DISTRICT
EXHIBIT "3"
[ .
CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT
NOTICE OF EXEMPTION
FROM: CITY OF SAN BERNARDINO TO: OFFICE OF PLANNING AND RESEARCH
DEVELOPMENT SERVICES DEPARTMENT 1400 TENTH STREET, ROOM 121
300 N."D"STREET SACRAMENTO,CA 95814
SAN BERNARDINO, CA 92418 X COUNTY CLERK
COUNTY OF SAN BERNARDINO
385 NORTH ARROWHEAD AVENUE
SAN BERNARDINO, CA 92415
Project Title: ASSESSMENT DISTRICT NO. 1055
Project Location-Specific: TENTATIVE TRACT No. 17716—— PINE AVENUE & REDWOOD STREET
AREA LANDSCAPE, STORM DRAIN CATCH BASINS AND SEWER LIFT STATION MAINTENANCE
ASSESSMENT DISTRICT
Project Location-City: SAN BERNARDINO Project Location—County: SAN BERNARDINO
Description of project: SBMC 12.90 PROCEEDINGS FOR THE AMENDMENT OF AD 1055—PINE
AVENUE AND REDWOOD STREET AREA LANDSCAPE, STORM DRAIN CATCH BASINS AND SEWER
LIFT STATION MAINTENANCE ASSESSMENT DISTRICT
Name of Public Agency Approving Project: CITY OF SAN BERNARDINO
Name of Person or Agency Carrying out Project: CITY OF SAN BERNARDINO
Exem t Status: (check one)
Ministerial (Sec.21080(b)(1); 15268);
❑ Declared Emergency(Sec.21080(b)(3); 15269(a));
❑ Emergency Project(Sec.21080(b)(4); 15269(b)(c));
a Categorical Exemption. State type and section number: Class 1 15301(c) Res.90-217,Sec. B2c
❑ Statutory Exemptions. State code number:
Reason why project is exempt: AMENDMENT PROCEEDINGS FOR ASSESSMENT DISTRICT TO
PROVIDE FUNDING SOURCE FOR MAINTENANCE OF LANDSCAPING
Lead Agency
Contact Person: LASZLO FOGASSY Area Code/Telephone/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? ❑ Yes ❑ No
Assessment District/
Real Property Manager
Signature:
Date: Title:
® Signed by Lead Agency ❑ Signed by Applicant Date received for filing at OPR:
EXHIBIT "4"
PLAN10.05(5-90)Rev ENG(5-97)Page 1 of 1
•
CITY OF SAN BERNARDINO
PROPOSED ASSESSMENT INCREASE
2011 / 2012 ASSESSMENT ROLL—AD 1055
PINE AVENUE AND REDWOOD STREET AREA LANDSCAPE, STORM DRAIN CATCH BASINS AND SEWER LIFT
STATION MAINTENANCE ASSESSMENT DISTRICT
Assessment No. Parcel No. or Lot No. Assessment Amt.
1 0261-101-08 $0.00
2 0261-101-15 $124.10
3 0261-101-16 $2,196.34
4 0261-101-17 $2,021.04
TOTALS 4 Parcels $4,341.48
EXHIBIT "5"
Page 1 of l
Rev 1/24/2011
CITY OF SAN BERNARDINO
PROPOSED FUTURE
ASSESSMENT ROLL -AD 1055
PINE AVENUE AND REDWOOD STREET AREA LANDSCAPE, STORM DRAIN CATCH BASINS AND SEWER LIFT
STATION MAINTENANCE ASSESSMENT DISTRICT
Assessment No. Parcel No. or Lot No. Assessment Amt.
1 0261-101-08 $0.00
2 0261-101-15 $1,271.19
3 0261-101-16 $20,900.58
4 0261-101-17 $19,142.10
TOTALS: 4 Parcels $41,313.87
EXHIBIT "6"
Page 1 of 1
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
3 DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE AMENDING OF ASSESSMENT DISTRICT NO. 1055 LOCATED IN THE PINE
4 AVENUE AND REDWOOD STREET AREA WITHOUT COMPLIANCE WITH THE
SPECIAL ASSESSMENT INVESTIGATION,LIMITATION AND MAJORITY PROTEST
5 ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO AMEND THE WORK
6 PREVIOUSLY ORDERED WITHIN THE DISTRICT,PRELIMINARILY APPROVING
THE AMENDED ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC
7 HEARING.
8 WHEREAS, the City of San Bernardino (hereinafter called "City") as an exercise of its
9 municipal affairs powers has enacted an Assessment District Ordinance(Municipal Code Chapter
10
12.90) to provide for the procedure for the formation of assessment districts within the City, or
11
12 amendments thereto; and
13 WHEREAS, on May 7, 2007, the Mayor and Common Council of the City of San
14 Bernardino adopted Resolution No. 2007-169, preliminarily approving the Engineer's Report
15 (hereinafter called"Original Engineer's Report") relative to Assessment District No. 1055 in the
16
Pine Avenue and Redwood Street area and approving the boundaries thereof; and
17
18 WHEREAS, on July 16, 2007, the Mayor and Common Council of the City of San
19 Bernardino adopted Resolution No. 2007-308, approving the Original Engineer's Report and
20 Assessment Diagram (hereinafter called "Original Assessment Diagram"), relative to said
21 Assessment District No. 1055, approving the creation thereof, ordering the work therein and
22
approving an assessment roll for the first year's estimated cost of maintenance,including incidental
23
24 costs, less general benefit amounts, in the amount of$36,972.39.
25 WHEREAS,it has now become necessary to consider amending said Assessment District
26 No. 1055 by amending the work therein.
27
28 /3
01/24/11 1 02-07-90/1
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE
1 PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDING OF ASSESSMENT DISTRICT
NO. 1055 LOCATED IN THE PINE AVENUE AND REDWOOD STREET AREA WITHOUT
2 COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION,LIMITATION AND MAJORITY
PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO AMEND THE WORK
PREVIOUSLY ORDERED WITHIN THE DISTRICT,PRELIMINARILY APPROVING THE AMENDED
3 ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING.
4
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, the
7
8 Mayor and Common Council of said City hereby preliminarily find and determine that the public
9 convenience and necessity require, and it is the intention of the Mayor and Common Council to
10 amend said Assessment District No. 1055 by amending the work therein. Reference is hereby
11 made to the Amended Engineer's Report and Amended Assessment Diagram on file in the office of
12
the City Clerk of said City for a description of the amended maintenance, an estimated cost of the
13
amended maintenance, and a proposed amended assessment roll which Amended Engineer's
14
15 Report and Amended Assessment Diagram are hereby preliminarily approved.
16 SECTION 2. It is the intention of said Mayor and Common Council to amend the
17 improvements within the district, which amended improvements shall be in addition to those
18
certain improvements previously approved, consisting of but are not limited to the maintenance of
19
landscaping and all appurtenances thereto, within certain easement areas within the northwesterly
20
21 slopes of Lot 1 and Lot 19 of Tentative Tract No. 17716 and the maintenance of four storm drain
22 catch basins and all appurtenances thereto including filtration devices located within the street right
23 of way adjacent to Lots 5, 17, 24 and 36 of said Tentative Tract No. 17716. The estimated cost of
24 the additional maintenance for the first year, including incidental costs, less general benefit
25
amounts, is $4,341.48. The estimated costs of all maintenance, including those previously
26
27 approved and the additional amended work, including incidental costs, less general benefit
28
01/24/11 2
•
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDING OF ASSESSMENT DISTRICT
1
NO. 1055 LOCATED IN THE PINE AVENUE AND REDWOOD STREET AREA WITHOUT
COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION,LIMITATION AND MAJORITY
2 PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO AMEND THE WORK
3 PREVIOUSLY ORDERED WITHIN THE DISTRICT,PRELIMINARILY APPROVING THE AMENDED
ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING.
4
5 amounts, is $41,313.87.
6 SECTION 3. Said contemplated amended work and improvements are of more than local
7 or ordinary public benefit, and that said Mayor and Common Council do hereby make the expense
8 of such additional work and improvements chargeable upon the district, which district is hereby
9
declared to be the district benefited by said proposed amended work and improvements, and to be
10
11 assessed to pay the cost and expense thereof,except as otherwise may be set forth in said Amended
12 Engineer's Report. All public streets or alleys, and publicly owned parcels,or portions thereof,not
13 receiving a benefit from said maintenance within said Tentative Tract No. 17716, are hereby
14 excepted from said assessments, as set forth in the Original Engineer's Report.
15
SECTION 4. The assessment benefit procedure to be followed and the amount to be
16
assessed against each particular parcel, as amended, will be based upon the basis of a single
17
18 residential unit being one assessment unit and the percentage of costs will be assessed proportional
19 to the percentage of the total assessment units on each parcel as it relates to the total number of
20 assessments, actual or by formula, within the district. Reference is hereby made to said Original
21 Engineer's Report,and the Amended Engineer's Report,both on file in the office of the City Clerk
22
of said City, for full particulars and proposed amended assessment amount against each parcel.
23
24 SECTION 5. The assessment financing alternative to be followed shall be as follows,
25 to-wit:
26 The estimated increase in the cost of the first year's maintenance, as set forth in said Amended
27 Engineer's report, shall be assessed against the properties involved within the current fiscal year or
28
01/24/11 3
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDING OF ASSESSMENT DISTRICT
1 NO. 1055 LOCATED IN THE PINE AVENUE AND REDWOOD STREET AREA WITHOUT
2 COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION,LIMITATION AND MAJORITY
PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO AMEND THE WORK
PREVIOUSLY ORDERED WITHIN THE DISTRICT,PRELIMINARILY APPROVING THE AMENDED
3 ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING.
4
5 the fiscal year following the amendment of the district. Depending on when the amended costs are
6 assessed relative to when the maintenance is assumed by the City,this amended assessed amount
7 can be used as a source of pre-funding the first year's maintenance contract and incidental costs.
8 Once the district has assumed the responsibility for the maintenance, the properties shall be
9
assessed each year thereafter to establish a source of pre-funding each year's costs,or for the actual
10
contract and incidental costs. If there are surplus amounts in the event of pre-funding of costs,then
11
12 such surplus may be applied as a credit to the following year's assessment or retained in a reserve to
13 offset future increases. Interest will be charged on any portion of the assessments that are not pre-
14 funded through previous assessments. The interest rate shall be based upon the average rate of the
15 City's current earnings on invested funds during the period of expenditure. The amended
16
assessment shall be levied, collected and enforced in the same manner, at the same time, and with
17
18 the same penalties and interest as in the case of taxes levied for property taxes. Said amended
19 assessments will be collected in perpetuity or until terminated by the Mayor and Common Council.
20 Reference is made to said original Engineer's Report and Amended Engineer's Report for full
21 particulars.
22
SECTION 6.NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday,
23
24 April 4, 2011, at the hour of 4:00 p.m., in the Council Chambers of City Hall, 300 N. "D" Street,
25 San Bernardino, California for the purpose of determining whether the public convenience and
26 necessity require the proposed amendment of Assessment District No. 1055 without compliance
27 with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and
28
01/24/11 4
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDING OF ASSESSMENT DISTRICT
1 NO. 1055 LOCATED IN THE PINE AVENUE AND REDWOOD STREET AREA WITHOUT
COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION,LIMITATION AND MAJORITY
2 PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO AMEND THE WORK
PREVIOUSLY ORDERED WITHIN THE DISTRICT,PRELIMINARILY APPROVING THE AMENDED
3 ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING.
4
whether the Mayor and Common Council should proceed with ordering the above described
5
6 amended improvements.At said public hearing,any person may appear and file objections relative
7 to the proposed amended maintenance or the costs thereof Any person owning property within the
8 District may protest against said proposed amended maintenance or the costs thereof, by filing a
9 written protest with the City Clerk, 300 N. "D" Street, San Bernardino, California,92418,prior to
10
4:00 p.m., April 4, 2011. Each protest must be signed by the owners thereof and must contain
11
12 sufficient information to properly identify said property. No action will be taken to approve the
13 amendment of the District until the conclusion of said public hearing on April 4,2011.All property
14 owners within the proposed district will also be mailed ballots, which may be used to indicate
15 support of or opposition to the proposed increase in assessments. A majority protest shall exist if
16
the total amount of assessment increase represented by the ballots returned in opposition to the
17
18 assessment increase is greater than the total amount of assessment increase represented by the
19 ballots returned in support of the assessment increase. All ballots must be received in the Office of
20 the City Clerk by no later than the time and date of the public hearing as stated herein.
21 If by the conclusion of said public hearing on April 4,2011,protests have been filed and not
22
withdrawn by property owners representing over 50% of the assessment units to be assessed, or
23
ballots returned representing over 50% of the total assessment amount increase of the returned
24
25 ballots, these proceedings shall be abandoned and no assessment increase shall be imposed,
26 however, all work previously ordered and all assessments previously approved as set forth in the
27 Original Engineer's Report and as shown on the Original Assessment Diagram,shall remain in full
28
02/03/11 5
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE
1 PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDING OF ASSESSMENT DISTRICT
NO. 1055 LOCATED IN THE PINE AVENUE AND REDWOOD STREET AREA WITHOUT
COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION,LIMITATION AND MAJORITY
2 PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO AMEND THE WORK
3 PREVIOUSLY ORDERED WITHIN THE DISTRICT,PRELIMINARILY APPROVING THE AMENDED
ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING.
4
5 effect.
6 Additional information may be obtained by contacting the Public Works Department,Real
7 Property Section, at (909) 384-5026 or by writing to same at 300 N. "D" Street, San Bernardino,
8 California, 92418.
9
SECTION 7. A copy of this resolution and an Amended Assessment Diagram showing the
10
exterior boundaries of the proposed improvement district with relation to the territory immediately
11
12 contiguous thereto and to the proposed improvements will be on file with the City Clerk and will
13 be available for inspection by any person or persons interested. This map shall govern for all
14 details as to the extent of the proposed amendments to the District.
15
SECTION 8. The City Clerk is hereby authorized and directed to publish a copy of this
16
Resolution in the San Bernardino County Sun, a newspaper of general circulation published in the
17
18 City, and shall cause Notice to be mailed as required by Section 12.90.040(C) of the San
19 Bernardino Municipal Code.
20 / //
21 / //
22
23
24
25
26
27
28
01/24/11 6
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE
1 PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDING OF ASSESSMENT DISTRICT
NO. 1055 LOCATED IN THE PINE AVENUE AND REDWOOD STREET AREA WITHOUT
2 COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION,LIMITATION AND MAJORITY
PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO AMEND THE WORK
PREVIOUSLY ORDERED WITHIN THE DISTRICT,PRELIMINARILY APPROVING THE AMENDED
3 ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING.
4
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof held on
7 the day of , 2011, by the following vote, to-wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9
MARQUEZ
10
DESJARDINS
11
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16
MCCAMMACK
17
18
19 City Clerk
20 The foregoing resolution is hereby approved this day of , 2011.
21
22
PATRICK J. MORRIS, Mayor
23 City of San Bernardino
24 Approved as to form:
25
26 ', 9 A'' ..
of ES F. PENMAN, City Attorney
27
28
01/24/11 7