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HomeMy WebLinkAbout07.A- Public Works RESOLUTION(ID# 1486) DOC ID: 1486 B CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Nadeem Majaj M/CC Meeting Date: 03/19/2012 Prepared by: Ryan Sandoval, (909)384-5140 Dept: Public Works Ward(s): 1 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Finding and Determining the Existence of Less Than a Majority Protest, that Ballots Submitted in Favor of the Assessment Exceed the Ballots Submitted in Opposition to the Assessment and that the Public Convenience and Necessity Require the Maintenance of Landscaping, a Detention Basin and Storm Drains in the Tippecanoe Avenue and Central Avenue Area, Approving the Final Engineer's Report, Creating an Assessment District to Cover the Costs of Said Maintenance, Known as Assessment District No. 1068, Ordering the Work, Confirming the 2012-2013 Assessment Roll, and Determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 Shall Not Apply. (Item Continued to February 21, 2012; Item Continued to March 19,2012.) Financial Impact: The applicant has paid the$5,900 processing fee. Since this is a"default"district, in the event the property owners default and the City assumes the maintenance,the estimated costs of annual maintenance in the amount of$34,441.16, deemed to be a special benefit,will be assessed back to property owners within the Assessment District, and the estimated annual cost of maintenance in the amount of$3,568.65, deemed to be a general benefit,will need to be paid from the general fund,The actual general benefit amount will be determined and a source will need to be identified in the event the City does assume maintenance sometime in the future. The hearing was opened on February 6, 2012. Motion: Close the hearing; and adopt Resolution. Synopsis of Previous Council Action: 12/05/2011 - Authorization was given to proceed with the formation of the Tippecanoe Avenue and Central Avenue Area Landscape Maintenance Assessment Districts No. 1068, and Resolution of Intention No. 2011-319 was adopted. Background: On May 21, 2007, the Planning Commission approved Tentative Parcel Map No. Updated:3/8/2012 by Linda Sutherland B i 1486 17887/Development Permit Type 2 No. 06-06, generally located easterly of Tippecanoe Avenue on the northerly and southerly side of Central Avenue. On October 19, 2010, Hillwood Investment Properties, the developer/owner of this property, submitted a petition for the formation of a landscape maintenance assessment district ("District"), as required by the conditions of approval for the development of this site. The formation of this District will assess the special benefit costs of maintaining the landscaping, detention basin, storm drains and all appurtenances to the owners of the properties benefiting from the maintenance area. The areas to be maintained by the District will be landscaping and all appurtenances along portions of the north and south side of Central Avenue east of Tippecanoe Avenue; the east side of Tippecanoe Avenue, south of Central Avenue; the detention basin south of Central Avenue, located within Parcel 8 of Parcel Map No. 17887; the storm drain and all appurtenances connecting from the catch basins in Central Avenue to the detention basin; and the storm drain connecting from the detention basin and terminating at the Santa Ana River,all within the district boundaries. Currently, the boundary of the district contains a total of nine parcels of land, all within the boundaries of Parcel Map No. 17887, one of which is the detention basin and will receive no benefit as it will remain undevelopable. The annual cost of maintenance and incidentals will be spread across the remaining eight parcels receiving special benefit. 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 the District and is attached for your review. As required by law, only special benefit may be assessed to properties within an assessment district. Any District. As set forth in the benefit found to be a general benefit may not be assessed to the Di s Engineer's Report, the landscaping along Tippecanoe Avenue and Central Avenue has been deemed to be of a general benefit. The general benefit portion of the annual cost of maintenance is estimated to be $3,568.65 and cannot be assessed to the District. This amount will need to be paid from the general fund or other non-district fund source. As set forth in the Engineer's Report, the estimated total annual assessment, including all incidental expenses, is $34,441.16. Assessment units on commercial land are assigned to each parcel based on the number of 7,200 square foot single family lots that could be developed on the site if it were developed for residential use and gives a basis for calculating the assessment spread. hr essence, each parcel is assessed in proportion of its size to the other parcels within the district. 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. The developer/owner has requested this Landscape Maintenance Assessment District to be a "default" district, where the property owner will be maintaining the landscaping along Central Avenue and Tippecanoe Avenue, but the City or designated contractor will maintain the detention basin and storm drains,which those maintenance costs will be assessed to those parcels Updated: 3/8/2012 by Linda Sutherland B Packet Pg.447 1486 within the district. The Assessment District will assume maintenance of the landscaping in the event of default of the maintenance by the owner. However, the City will collect the first year's maintenance cost, which will be held in reserve in the event that the City has to take over the maintenance. A resolution approving the execution of the Maintenance Agreement has been prepared and is attached for your action. On December 5, 2011, Resolution of Intention No. 2011-319 was adopted, setting a public hearing for February 6, 2012, and preliminarily approving the Engineer's Report. Notice of the hearing and assessment ballots were mailed to the owner of record. Since the developer still owns all of the parcels, a majority protest is not anticipated. Future property owners will purchase the parcels subject to the Assessment District and will be given disclosure of the District and assessments by the developer or subsequent property owners, as required by law. At the conclusion of the hearing, the results of the assessment ballots returned will be submitted. Ballots are weighted in proportion to the assessment amount. The formation of the district requires that the ballots returned in support for the proposed district exceed the ballots returned in opposition to the proposed district. A majority opposition to the formation of the district is not anticipated. All future buyers will be given a disclosure notice by the developer, advising them r` of the existence of an assessment district and the proposed annual cost. The Maintenance Agreement will need to be considered prior to the adoption of the resolution creating the Assessment District, which will require a four-fifths (4/5) affirmative vote of the Council members voting thereon. i City Attorney Review: i Suuuortina Documents- RCA Attach-Vicinity Map- Southgate (PDF) 7B-C-Attachment B -RCA Attach-Engineers Report REV 2011-10-25 - Southgate (PDF) RCA Attach-Engineers Report-Exhibit 1 -Vicinity Map (PDF) 7B-C-Attachment D-RCA Attach-Engineers Report-Exhibit 2 -Boundary Map (PDF) 7B-C -Attachment E-RCA Attach-Engineers Report-Exhibit 3 -Diagram Map (PDF) 7B-C -Attachment F-RCA Attach-Engineers Report-Exhibit 4 -Notice of Exemption(PDF) © 7B-C -Attachment G-RCA Attach-Engineers Report-Exhibit 5 -Proposed AD Roll (PDF) Updated:3/8/2012 by Linda Sutherland B Packet Pg. 448 1486 **OLD** Resolution- AD 1068 (PDF) Combined Item with ID 1485(TXT) **NEW** Resolution-AD 1068 (PDF) Updated: 3/8/2012 by Linda Sutherland B Packet Pg. 449 7.A.a N �4 C C E F " E ce m m � a Gtr 18 15 m e�dd// 330 E p� 400i St. � d m 2 U 9 Marshall Blvd. � a 210 m s o Highland Ave. IN T c � im `m N Base Line St. a gth St 6 ip 5th St. a: o E m Rialto Ave. f 15 a Mill St. 171 _ U Central Nve. 10 r0 Orange how Rd. F a A A/n T ✓, fl LOCATION OF PROPOSED m ASSESSMENT DISTRICT a W VICINITY MAP NO. 1068 NTS C U E U U R a CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT PROPOSED TIPPECANOE AVENUE AND CENTRAL 1 REAL PROPERTY SECTION AVENUE AREA LANDSCAPE, DETENTION BASIN AND STORM DRAIN MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT DISTRICT NO. 1068- ® Indicates un-incorporated areas within City's Sphere of Influence Cft38t2d by: Ryan Sandoval ENGINEER'S REPORT a a for m m 0 ASSESSMENT DISTRICT NO. 1068 a (Tippecanoe Avenue and Central Avenue Area Landscape, Detention Basin and N Storm Drain Maintenance Assessment District) � a C In the e CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO c STATE OF CALIFORNIA a d t 5 0 rn ARD�I,O N 0 N Z M r - a M �J 0 n ED 1�,0 2 d a c c w z U A Q Q File No. 14.40-167 m c a CITY OF SAN BERNARDINO E r DEPARTMENT OF PUBLIC WORKS a U m Prepared October 25, 2011 c m E r 3 € � '.; a 1 PaEke1 Fg,454,'- Engineers Report—AD 1068 U � ` ENGINEER'S REPORT ♦./ a for ASSESSMENT DISTRICT NO. 1068 0 0 FILED in the office of the City Clerk of the City of San Bernardino on the day of 2011. a N x L ix CITY CLERK City of San Bernardino c 0 2 PRELIMINARY approval by the Mayor and Common Council of the City of San Bernardino, County of San z Bernardino, State of California on the day of 2011. d m m r 0 0 CITY CLERK City of San Bernardino c 0 N W © FINAL approval by the Mayor and Common Council of the City of San Bernardino,County of San Bernardino, W State of California on the day of 2012. a d N d CITY CLERK rn c City of San Bernardino w s U A I HEREBY CERTIFY that the foregoing assessments,together with the Diagram of Assessment District No. 1068, a 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 2012. m c W E L u CITY CLERK m City of San Bernardino a U 00 n c v E M U � a 2 PacketPg.452 Engineers Report—AD 1068 u O CITY OF SAN BERNARDINO a DEPARTMENT OF PUBLIC WORKS a' m m 0 ENGINEER'S REPORT °a N ASSESSMENT DISTRICT NO. 1068 a (Tippecanoe Avenue and Central Avenue Area Landscape, Detention Basin and Storm Drain Maintenance Assessment District) PETITION--On October 19,2010,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 o maintenance of landscaping areas along Central Avenue, Tippecanoe Avenue, a detention basin south of Central Avenue and the storm drain connecting to the detention basin and terminating at the Santa Ana River. These improvements are relative to the proposed development within Parcel Map No. 17887.The signatures on the petition d 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 No. 17887 by the City to relieve the City from having to maintain the areas of landscaping. ° U) N AUTHORIZATION --On 12011,by action of the Mayor and Common Council c of the City of San Bernardino,the Director of Public Works and City Clerk were authorized to initiate proceedings for the formation of Assessment District No. 1068 (Tippecanoe Avenue and Central Avenue Area Landscape, N CDetention Basin and Storm Drain Maintenance Assessment District)pursuant to the provisions of San Bernardino > City Municipal Code Chapter 12.90 and this Report has been prepared and is hereby submitted pursuant to said fur, provisions and in accordance with Resolution of Intention No. adopted by the Mayor and e Common Council of the City of San Bernardino on the day of 12011. N ADVANCE OF ESTIMATED COSTS OF PROCEEDINGS--On October 20,2010,pursuant to Section 12.94.030 of the Municipal Code, the developer deposited $5,900 with the City to cover the estimated cost of rn proceedings.At the conclusion of the proceedings and after confirmation of all costs,any amounts remaining will be w` returned to the developer. If actual costs are more than the deposit,then the remainder can either be paid in a lump t sum by the developer or assessed against the properties involved. a EASEMENTS—All areas to be maintained will be within City owned property,dedicated right of way,or within easements granted to the City for maintenance purposes and no maintenance will be carried out on private property.m c d DESCRIPTION OF IMPROVEMENTS— r - The improvements to be maintained by the District will be landscaping and all appurtenances along portions m of the north and south side of Central Avenue east of Tippecanoe Avenue,and the east side of Tippecanoe a Avenue, south of Central Avenue; and, v - The detention basin and all appurtenances south of Central Avenue,located within Parcel 8 of Parcel Map m No. 17887; and, c - Two catch basins located within Central Avenue east of the detention basin, the storm drain and all E appurtenances connecting to the catch basins along the north side of Central Avenue, which travels west a 3 PacketPg.453. Engineers Report—AD 1068 U towards Tippecanoe Avenue and crosses south under Central Avenue and terminates at the detention basin; 2 and, a - The storm drain and all appurtenances connecting to the detention basin and terminating at the Santa Ana River, all within the District boundaries. ° v Maintenance of the detention basin will consist of periodic cutting of native vegetation and removal of debris and vi silt as needed. Maintenance of the storm drains will consist of periodic removal of debris and silt,which includes rc the use of a vacuum truck and replacement of any appurtenant equipment related to such storm drains. It �o PLANS AND SPECIFICATIONS--Plans and Specifications for the landscaping have been prepared by the developer according to the standards of the City and is subject to final approval by the City prior to the installation of any landscaping. `o 'a DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the .� Assessment Boundary Map of Assessment District No. 1068 and are generally described as follows: m m The centerline of Tippecanoe Avenue on the west, and the northerly, easterly, and southerly s boundary lines of Parcel Map No. 17887 on the north, east and south respectively. I? VICINITY MAP-- A vicinity map showing the general location of the proposed Assessment District is N 0 attached as Exhibit"1". 0 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". ui W Y DISTRICT DIAGRAM--A proposed Diagram of the Assessment District has been prepared and will be d filed with the City Clerk after preliminary approval of this Report and will be filed with the County Recorder and W recorded in the office of the City Engineer after final approval of this Report,confirmation of the Assessment Roll d and Resolution Ordering Work. A reduced copy of the Assessment District Diagram is attached as Exhibit"Y'. c c NOTICE OF EXEMPTION--a"Notice of Exemption"declaring a Categorical Exemption was prepared and will be filed with the Clerk of the Board of Supervisors of San Bernardino County upon formation of the District.No further environmental proceedings will be necessary.A copy of the Notice of Exemption is attached as Exhibit 114". cai METHOD OF ASSESSMENT AND DETERMINATION OF BENEFIT—Landscaping and its proper ao maintenance enhances the esthetics of any given area and the benefit received by the owners of properties in the area m is determined to be equal to the area of each lot or parcel that utilizes the landscaped areas either as ingress an d E egress or by actual physical use of the land as in the cases of large open areas. The boundaries of the proposed m district are drawn with this in mind and the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries. The benefit received by each lot or parcel is proportional to the area of each lot or parcel in relation to the total area within the District boundaries. Since the m proposed development for this area is commercial use,assessment units are assigned to each lot or parcel based on the number of single family residential units that could be built if the area were developed for residential use,based E ® on the minimum lot size of 7,200 square feet as set forth in the City's General Plan.Thus,each lot or parcel area(in a 4 Packet Pg.454 7.A.b Engineers Report—AD 1068 U square feet)is divided by 7,200 to determine its assigned assessment unit or portion thereof.(7,200 Square Feet= I a Assessment Unit). Based upon the commercial parcels proposed to be developed,the total assessment units for the 'a district will be 887.43. 0 The benefit received by the parcels within the boundaries of the district is determined to be of more than ordinary a public benefit,thus each parcel within the district being assessed receives a special benefit from the improvements. w If property not within the boundaries of a district also receives some benefit from the improvements,consideration q must then be given to ageneral benefit given by the improvements,which may not be assessed to the parcels within 'i LZ 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 v 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: o N 1. Areas of maintenance that front on major arterial streets,as determined by the Circulation Plan of the m City's General Plan,are determined to be 15%general benefit and the proportional costs thereof are not g S! assessable to the District. ! s 2. Areas of maintenance that front on secondary arterial streets,as determined by the Circulation Plan of ro the City's General Plan,are determined to be 10%general benefit and the proportional costs thereof are not assessable to the District. 0 3. Areas of maintenance that front on collector streets,as determined by the Circulation Plan of the City's o Q General Plan, are determined to be 5% general benefit and the proportional costs thereof are not > assessable to the District. "u z C 4. Areas that front on local streets are determined to be 100%special benefit and are 100%assessable to 0M 11 the District. N d *These percentages are based on the traffic circulation for the various street classifications. c .m c w Based on the City of San Bernardino's current circulation element of its General Plan,this portion of Tippecanoe Avenue is designated as a major arterial street, and this portion of Central Avenue is designated as a secondary arterial street. Thus 15%of the cost of landscaping maintenance and appurtenances along Tippecanoe Avenue and a 10%of the cost of landscaping maintenance and appurtenances along Central Avenue,is deemed to be of general benefit and not assessable to the lots within the Assessment District. to M Publicly owned lands within the Assessment District,if any,are subject to assessments,unless they receive d no benefit with the exception of public right of way, which is not subject to assessments. s U N METHOD OF FINANCING--The estimated cost of the fast year's maintenance shall be assessed against a the properties involved within the current fiscal year or the fiscal year following the establishment of the district. Depending upon when the costs are assessed and when the actual maintenance is assumed by the City,this assessed m amount can be used as a source of pre-funding the first year's maintenance contract and incidental costs. Once the City has assumed the responsibility for the maintenance, the properties may be assessed in advance each year E thereafter to establish a source of pre-funding each year's costs, or may be assessed for the actual contract and a 5 Packet Pg. 455 Engineers Report—AD 1068 V incidental costs plus interest.Interest will be included in the assessment costs for any amounts or portions not pre- a funded through previous assessments. If there is a surplus from the estimated assessment in the event costs are pre- 'a funded through previous assessments,any such surplus shall be applied as a credit to the following year's assessment or placed in a reserve fund to cover future increases or maintenance until such reserves are depleted. The assessment,whether pre-funded or not,shall be levied,collected and enforced in the same manner,at the same time, °Q and with the same penalties and interest as in the case of taxes levied for property taxes. Table 1 sets forth the ur estimated costs of the first years maintenance.No Bonds will be sold relative to this Assessment District. tr o: rc ASSESSMENT SPREAD -- The amount of each Assessment Unit is determined by dividing the total maintenance costs, including all incidentals,by the total number of assessment units, as determined by the above Method of Assessment.Each parcel in the district is then assessed based upon the total number of Assessment Units calculated for that parcel. c w ASSESSMENT ROLL--Parcel Map No. 17887 recorded 12/13/2010,which created 9 commercial parcels, .� with 7,200 sq. ft.representing 1 assessment unit as described under Method of Assessment, and assessments are spread accordingly. No further subdivision of the parcels is anticipated. An Assessment Roll representing the estimated fast year's maintenance costs has been prepared and is shown as Exhibit"S'. Any parcels remaining r vacant,or not being subdivided,will be assessed based on the number of residential lots that could be built pursuant �''0 to the City's existing General Plan. N FUTURE APPORTIONMENTS--In the event that the assessment units,as determined under Method of Assessment, change for any parcel(s)during the term of the Assessment District, the assessment amount for that o parcel(s)will change accordingly. Any increases based solely on change in parcel size,land use or density,which would result in an increase of assessment units, will not be subject to a public hearing as long as the formula for z determining the assessments as described is applied. Pursuant to Chapter 12.90 of the San Bernardino Municipal c Code, such reapportionment's do not require the recording of an amended Diagram Map. m rr FUTURE INCREASES-- Due to the nature of landscape maintenance; it is anticipated that there will be a future increases in assessments as contract,labor,water and energy costs are all subject to future increases.Annual c increases may be increased without further notice or public hearing by a percentage equal to the increase in the w Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Orange County-Inland Empire area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever is less. The CPI is typically used for maintenance districts. The rate varies from year to year,but in no a event will an increase, if needed, exceed 5% without a majority approval of property owners in the district. m c E E L U A Q U In c d E z G U Q 6 PacketPg.456 7.A.b Engineers Report—AD 1068 u TABLE I n ESTIMATED FIRST YEAR'S COST SUMMARY m 0 ASSESSMENT DISTRICT NO.1068 c (Tippecanoe Avenue and Central Avenue Area Landscape, Detention Basin and , Storm Drain Maintenance Assessment District) N Description of Costs Quantity Unit Cost/Umt Annual Cost A Mattetatce of Turf/krigatim - I SqFL 0.20 $ - ° B Mantenace of Quurcko`er/Shrubs/Irrigation 37,981 , 0.20 $ 7,596.25 v c Marten one of Trers/Irrigation 1641 Ea. 50.00 $ $2(10.00 -- D LANDSCAPE AREA SUBTOr1'AL•(A+B) 37,981 E Lrigation Costs(water and energy) 37,981 SqFL 0.10 $ 3,798.13 .c F Detention Basin VegeatodionAbatementiSlopeRepair 1 LS. - $ 1,500.00 T Detention Basin n-tairtenanre Cost-25 Cubic Yards(Estimated G based onfour(4)storm events a year) 1 LS. - $ 5,640.00 m Storm Drain Maintenance Cast-(Estimated based on four(4) N storm events a yea) 1 LS. - $ 6,772.80 I 'DOTAL MAINIENANCE AREA.(D+F) 37,982 .PU. c N J Weekly Inspectiongaboywerbeatl)(Total Anna Hrs) 521 Huns 30.00 $ 1,56D.00 K Annual Assail.Engineering(labor+owrheadl 5 Hoes 33.00 $ 165.00 N L Contract Adnitbtration(lalnrvoverhead) 15 Hours 22.00 $ 330.00 ° M Incidentals(materials,supplies,other costs) 1 LS. 100.00 $ 10D.00 N Outside Del a�arlmert Services(labar+ovedreP4 1 I.S. 40D.00 $ 40D.00 r°v �j O Subtotal(A tbra M $ 36,062.18 > w P General Benefit Cdculations: Q -Area of General Bent(Cmird Avenue) 32,967 SqFL a R Percent of Total Area (Q/1) 86.80% S Subtotal (O*R) $ 31,300 m T Cenral Benefit Pffeentalle 1 °1 u U General Bent Amount Not Assessable(S*T) $ 3,130.04 $ (3,130.03) E V -Area of Genml Beneft(TgyecanoeAwnue) 5,014 FL W W Percent of Total Area (V/1) 13.20% X Subtotal ((O-F-G-H)*W) $ Z9Z4.08 Y General Benefit Percentage 15 G Z General Benefit Amount Not Assessable(X* $ 438.61 $ (438.61 Q AA Subtotal(O+U+Z) $ 32,493.52 v tY BB Estimated Interest for nnr refinnded annmts* 6 $ 1,949.61 CC Subtotal(AA+BB) $ 34,443.13 m W A ustmet(Pouding for Assessment Rnll) $ z TOTAL FIRST YEAR'S ESTIMATED OOSTS(T+Un $ 34,441.16 ASSESSMENT CALCULATION -- Applying the Method of Assessment and Assessment Spread described above, the v following formula is used to determine the assessment amount per Assessment Unit: aj r Total Costs ., Total Assessment Units = Cost per Assessment Unit m Thus £ L $34,441.16=88243=$38.81 per Assessment Unit per year. 7 PacketPg.457 Engineers Report—AD 1068 v ENGINEER'S STATEMENT a ao m 0 This Report,together with the Assessment District Boundary Map,Assessment Diagram and Proposed Assessment N Roll has been prepared and is being filed pursuant to and in compliance with Chapter 12.90 of the San Bernardino 5 a tc Municipal Code and also in compliance with the requirements set forth in Article XMD of the California a Constitution for the establishment of Assessment District No.1068(Tippecanoe Avenue and CentralAvenue Area c Landscape Detention Basin and Storm Drain Maintenance Assessment District). d z v m m L 0 0 N in N O Date Robert Eisenbeisz,City Engineer 0 W v a' C O o. m N d d C C W L U A Q a U Q1 c v E L U N Q U fL n c m E L © U Q Packet Pg. 458 Engineers Report—AD 1068 U © s a List of Exhibits 0 0 Q N 1. Vicinity Map..................................................... Exhibit .,1., a 2.Reduced copy of Boundary Map....................... Exhibit "2" e 3. Reduced copy of Assessment District Diagram Exhibit"Y' c 0 4. Copy of"Notice of Exemption........................... Exhibit "4" v 5.Proposed Assessment Roll(FY 201212013)...... Exhibit "5" m rn s 0 0 N N ujO O N O 6 d n: N d d C C W t U A a a U K CO C N E L U R Q U m r c v E t u O Q 9 PacketPg.459 rji � N r� C N v G � Q c �' rn 18 � �w `m 15 x ke u �� oe °daii a °� p� 40th SL 330 d Marshall Blvd s 0 Q to Highland Ave. / 59 d E Base Line St. w E N n sm St 6 m 5th St. a o C Rialto Ave. d 'U 5 Mill St. < U _ Central Nve. 210 a Orange how Rd. E W .e C O D y n' N LOCATION OF PROPOSED ASSESSMENT DISTRICT W W VICINITY MAP NO. 1068 z U A NTS � Q Q EXHIBIT "1" d E CITY OF SAN BERNARDINO v PUBLIC WORKS DEPARTMENT PROPOSED TIPPECANOE AVENUE AND CENTRAL REAL PROPERTY SECTION AVENUE AREA LANDSCAPE, DETENTION BASIN AND Q SaoBr loe STORM DRAIN MAINTENANCE ASSESSMENT DISTRICT -ASSESSMENT DISTRICT NO. 1068- ® Indicates un-incorporated areas within City's Sphere of Influence Created bv: Rvan Sandoval PabketP`g'.460 a i TIPPECANOE I AVENUE I S If IN IIm I Z + c czd�1 g � no III 21 Fy71 i m m y o I 1 1 \gn z C O M UU TAIN IEVJ AVE o � acO � g G \ F� � c�;'s L z 1 �OS'> ooD ° \ \ ''\9 \ \ Who � n yob 'Y°z Z �- � oil_ � ` • .,,..� i! U211 MOW 99 4 tp N CC sSR � A 3! 3 3 �SRm EXHIBIT "2" TIPPECANOE j AVENUE \ 4t g I� a m a g m =m II c �..� \ m' "z o m V1 tao yy ss $ m x m � o Oth y P OI m MOU TAIN IEW A E \�� O OO FG.�=I1 H W 3 3;J<> 909> = mvy 0 = D g LF� 'PO\ ' zqo i G1 4 33- :S�smm ma qF : '• S4F m$ � aa3 S a�N'° 2 3R d 33� Ggq22 d 4 3��eSm N� 8 Owl s e EXHIBIT "Y 7.AJ- CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT u NOTICE OF EXEMPTION 0 0 a FROM: CITY OF SAN BERNARDINO TO: OFFICE OF PLANNING AND RESEARCH tea' PUBLIC WORKS DEPARTMENT 1400 TENTH STREET, ROOM 121 300 N."D"STREET SACRAMENTO,CA 95814 a K SAN BERNARDINO, CA 92418 X CLERK OF THE BOARD COUNTY OF SAN BERNARDINO 385 NORTH ARROWHEAD AVENUE SAN BERNARDINO,CA 92415 0 0 Project Title: ASSESSMENT DISTRICT NO. 1068 T Project Location-Specific: TIPPECANOE AVENUE AND CENTRAL AVENUE AREA LANDSCAPE, c 0 DETENTION BASIN AND STORM DRAIN MAINTENANCE ASSESSMENT DISTRICT .n E Project Location-City: SAN BERNARDINO Project Location—County: SAN BERNARDINO w Description of project: SBMC 12.90 PROCEEDINGS FOR THE ESTABLISHMENT OF A LANDSCAPE 0 v U MAINTENANCE ASSESSMENT DISTRICT o z v a r X w Name of Public Agency Approving Project: CITY OF SAN BERNARDINO C 0 Name of Person or Agency Carrying out Project: CITY OF SAN BERNARDINO y lY Exam t Status:(check one) Ministerial(Sec.21080(b)(1);15268); a ❑ Declared Emergency(Sec.21080(b)(3);15269(a)); ❑ Emergency Project(Sec.21080(b)(4); 15269(b)(c)); Ek Categorical Exemption.State type and section number: Class 1 15301(c) Res.90-217 Sec. 32c w ❑ Statutory Exemptions.State code number: s U Reason why project is exempt: ESTABLISHMENT PROCEEDINGS FOR ASSESSMENT DISTRICT TO a PROVIDE FUNDING SOURCE FOR MAINTENANCE OF LANDSCAPING v of LL Lead Agency y Contact Person: RYAN SANDOVAL Area Code/Telephone/Extension: (909) 384-5226 z u If filed by applicant: 1. Attach certified document of exemption finding. Q 2. Has a notice of exemption been filed by the public agency approving the project? ❑ Yes ❑ No U m r Signature: Date: Title: Real Prooertv Specialist •• c w ®Signed by Lead Agency ❑Signed by Applicant Date received for filing at OPR: E L U A a EXHIBIT "4" V Packet Pg.463 7:A.g CITY OF SAN BERNARDINO PROPOSED 2012 / 2013 ASSESSMENT ROLL -AD 1068 a TIPPECANOE AVENUE AND CENTRAL AVENUE AREA LANDSCAPE,DETENTION BASIN AND STORM DRAIN m MAINTENANCE ASSESSMENT DISTRICT o Assessment No. Parcel No.or Lot No. Assessment Amt. a 1 0136-361-30 $511.52 2 0136-361-31 $1,183.32 m 3 0136-361-32 $1,864.04 v 4 0136-361-33 $5,350.73 5 0136-361-34 $11,814.93 e 6 0136-371-38 $9,607.80 7 0280-251-65 $3,587.60 8 0280-251-66 $0.00 0 K 9 0280-251-67 $521.22 p Q v TOTALS: 9 Parcels $34,441.16 H 0 0 0 n` N a ® L x w 0 0. 0 m v v 0 c w L U R Q Q U K (7 a L U R Q U m r C m E © L U n7 Q 106812012 EXHIBIT "5" Page I of 1 '"Pac ePg.464 r 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY N OF SAN BERNARDINO FINDING AND DETERMINING THE EXISTENCE OF c 3 LESS THAN A MAJORITY PROTEST, THAT BALLOTS SUBMITTED IN FAVOR 4 OF THE ASSESSMENT EXCEED THE BALLOTS SUBMITTED IN OPPOSITION m TO THE ASSESSMENT AND THAT THE PUBLIC CONVENIENCE AND 5 NECESSITY REQUIRE THE MAINTENANCE OF LANDSCAPING, A DETENTION BASIN AND STORM DRAINS IN THE TIPPECANOE AVENUE AND CENTRAL S 6 AVENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, c KNOWN AS ASSESSMENT DISTRICT NO. 1068, ORDERING THE WORK, d 8 CONFIRMING THE 2012-2013 ASSESSMENT ROLL, AND DETERMINING THAT = THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY .2 9 PROTEST ACT OF 1931 SHALL NOT APPLY. 3 a 10 WHEREAS, pursuant to Chapter 12.90 of the San Bernardino Municipal Code, the c 11 Mayor and Common Council of the City of San Bernardino have preliminarily found that the a 12 N public interest,convenience, and necessity require the maintenance of landscaping in a portion 13 IL 14 of the City, as more fully hereinafter described, and the appurtenances and appurtenant work 15 and incidental costs and expenses in connection therewith,that the project is feasible,and that M 16 the lands to be assessed will be able to carry the burden of the proposed assessments to pay 2 0 .y 1 the costs and expenses thereof; and 18 WHEREAS, on December 5, 2011, the Mayor and Common Council of the City of 19 0 20 San Bernardino preliminarily approved the Engineer's Report relative to the formation of a 0 21 Assessment District No. 1068, which is on file in the office of the City Clerk, and adopted ._ 0 22 Resolution No.2011-319 entitled: 23 "RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY ° 24 OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A 25 LANDSCAPE, DETENTION BASIN AND STORM DRAIN MAINTENANCE E ASSESSMENT DISTRICT LOCATED IN THE TIPPECANOE AVENUE AND s 26 CENTRAL AVENUE AREA WITHOUT COMPLIANCE WITH THE SPECIAL 27 ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT a OF 1931; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK 28 WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1068; PacketPg.465 7.A.h'.:..1 © 1 PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING." 2 N which said resolution duly and legally was published and notice given of a Public Hearing in m 3 E 4 the manner required by law, and pursuant to Section 4 of Article XIIID of the California 0 w 5 Constitution, all property owners given notice were also given an Assessment Ballot to c 6 indicate support or opposition to the proposed assessment,and written objections and protests, m 7 if any, to the formation of the proposed district, the work to be done or the extent of the m d 8 = district to be assessed were heard and considered; and 2 9 0 10 WHEREAS, a Diagram of the Assessment District has been prepared and is on file in a m 11 the office of the City Clerk;and c a 12 WHEREAS, an Assessment Roll has been prepared totaling $34,441.16, which sets 13 a forth the individual assessments to be levied on each of the parcels of land within Assessment � © 14 District No. 1068, for the fiscal year 2012-2013, as set forth in the Engineer's Report, as now 15 submitted,on file in the office of the City Clerk. 16 c 17 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 18 19 SECTION 1. That a Public Hearing having been held February 6, 2012, the Mayor 0 20 and Common Council, having heard and considered any and all comments received thereon a 0 21 and being fully advised,hereby determine that any and all protests received represent less than 5 0 22 a Majority Protest, as represented by the assessment units assessable on the propert es 23 represented by said protests. 24 ° SECTION 2. That ballots having been received and considered, it is hereby 25 „ 26 determined that the ballots submitted in favor of the assessment exceed the ballots submitted u m 27 in opposition to the assessment. 28 Packet Pg. 466 C1 SECTION 3. That it is hereby determined that all properties, parcels and lots within 2 the boundaries of the Assessment District receive a local and direct benefit for the works of R c 3 improvement as proposed for said Assessment District, except for portions determined to be E 4 of a general benefit as set forth in said Engineer's Report, and it is hereby further determined 5 and declared that all assessable costs and expenses have been apportioned and spread over the m 6 0 properties within the boundaries of the Assessment District in direct proportion to the benefits 5 8 received thereby. _ u a 9 SECTION 4. That the public convenience and necessity require the proposed a' 10 maintenance and the Mayor and Common Council hereby order, by an affirmative vote of not c 11 0 less than 4/5ths of its members present and voting, the formation of Assessment District No. 12 V) 1068, along with the work and appurtenances described in said Resolution No. 2011-319 and 13 14 said Engineer's Report as herein approved and that the Special Assessment Investigation, 15 Limitation and Majority Protest Act of 1931 shall not apply. ei c 16 SECTION 5. That the Engineer's Report relative to the formation of Assessment °- N 17 District No. 1068 as now submitted,together with a Diagram of the Assessment District,both W 18 on file in the office of the City Clerk, are hereby accepted and approved and that said ° 19 0 Engineer's Report shall stand as the Report for all future proceedings for this Assessment 20 a 21 District. 6 22 SECTION 6.That the Mayor and Common Council do hereby find and determine that z 23 the proportionate costs to be levied against the parcels of land within Assessment District No. o 24 ; 1068 are correctly set forth on Assessment Roll No. 1068 for the fiscal year 2012-2013,as set 25 E 26 forth in said Engineer's Report, as now approved,and on file in the office of the City Clerk of m 27 the City of San Bernardino,and do hereby confirm said assessments. 28 O Packs g:467 1 SECTION 7. The City Clerk is hereby directed and authorized to publish a Notice 2 Inviting Bids for perfomilng the work ordered, in the San Bernardino County Sun, a i V 3 newspaper published and circulated in said City,according to the specifications prepared or as E m 4 °1 will be prepared by the City Engineer and on file or to be filed in the office of the City 5 Engineer, at such time when the installation of the landscaping and appurtenances has been S 6 rn 7 accepted by the City. The contract will be awarded pursuant to standards used by the City in E 8 the award of Public Works contracts. _ U_ a 9 SECTION 8. It is hereby determined that the formation of the assessment district is a 10 categorically exempt from the requirements of the California Environmental Quality Act c 11 (CEQA),pursuant to Class 1, Section 15301(c). °a 12 SECTION 9. Reference hereby is made to said Resolution No. 2011-319 and said 13 IL 14 Engineer's Report for a description of the work, the extent of the assessment district, the v 15 financing alternatives and for further particulars. M 16 SECTION 10. That the City Clerk is directed to cause a copy of this Resolution to be c 0 .N 17 > transmitted to the office of the Auditor-Controller for the County of San Bernardino with the M 18 request that the individual assessments as shown on Assessment Roll No. 1068 be placed on ° 19 0 20 the subject 2012-2013 property tax bills for collection together with all other property taxes. 21 /// 0 22 /// 23 0 J 24 O 25 m E 26 27 a 28 Packet Pg. 468 7.A:h RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY I PROTEST... TIPPECANOE AVENUE AND CENTRAL AVENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1068, ORDERING THE 2 WORK, CONFIRMING THE 2012-2013 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 3 1931 SHALL NOT APPLY. E E 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor a 5 and Common Council of the City of San Bernardino at a meeting 6 7 thereof,held on the day of 2012, by the following vote,to wit: c M v 8 Council Members: AYES NAYS ABSTAIN ABSENT u 9 MARQUEZ a' 10 JENKINS o 11 0 12 BRINKER N 0 13 SHORETT a o: 14 KELLEY 15 JOHNSON c 16 MCCAMMACK H 17 z 18 19 Rachel G. Clark,CMC,City Clerk 0 a 20 The foregoing resolution is hereby approved this—day of 2012. 0 21 5 0 22 Patrick J.Morris, Mayor x 23 City of San Bernardino 0 J O 24 Approved as to form: JAMES F. PENMAN, 25 City A omey E 26 By: 27 a 28 c �i3t Pg.469 1845 This item should be combined with io 1485 (Maintenance Agreement) and be heard together at the Council meeting. N C E E d m rn a c m c M d x U Z a ro m 0 D a Cl) a m m a N m o_ s .3 E 0 v m c a E 0 U c v E M 0 m Q Page 1 Packet Pg.470 i� /'1 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT 3 BALLOTS SUBMITTED IN FAVOR OF THE ASSESSMENT EXCEED THE BALLOTS 4 SUBMITTED IN OPPOSITION TO THE ASSESSMENT AND THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE OF 5 LANDSCAPING, A DETENTION BASIN AND STORM DRAINS IN THE E TIPPECANOE AVENUE AND CENTRAL AVENUE AREA, APPROVING THE FINAL m 6 ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE a 7 , KNOWN AS ASSESSMENT DISTRICT NO. 1068, ORDERING THE WORK, CONFIRMING THE 2012-2013 ASSESSMENT ROLL, AND 8 DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION, a, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY. 9 10 WHEREAS, pursuant to Chapter 12.90 of the San Bernardino Municipal Code, the u a 11 Mayor and Common Council of the City of San Bernardino have preliminarily found that the a' 12 public interest, convenience, and necessity require the maintenance of landscaping in a portion of 13 ° a the City, as more fully hereinafter described, and the appurtenances and appurtenant work and w 14 © 15 incidental costs and expenses in connection therewith, that the project is feasible, and that the 16 lands to be assessed will be able to carry the burden of the proposed assessments to pay the costs e 17 and expenses thereof; and 0 18 WHEREAS, on December 5, 2011, the Mayor and Common Council of the City of San ° a 19 0 Bernardino preliminarily approved the Engineer's Report relative to the formation of Assessment 20 0 21 District No. 1068, which is on file in the office of the City Clerk, and adopted Resolution No. 22 2011-319 entitled: w z 23 "RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 24 OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE, u 25 DETENTION BASIN AND STORM DRAIN MAINTENANCE ASSESSMENT x DISTRICT LOCATED IN THE TIPPECANOE AVENUE AND CENTRAL AVENUE a 26 AREA WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT 27 INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE 28 DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1068; 1 Packet Pg. 471 1 PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING." 2 3 which said resolution duly and legally was published and notice given of a Public Hearing in the 4 manner required by law, and pursuant to Section 4 of Article XIIID of the California N 5 Constitution, all property owners given notice were also given an Assessment Ballot to indicate E m 6 support or opposition to the proposed assessment, and written objections and protests, if any, to ° a 7 the formation of the proposed district, the work to be done or the extent of the district to be A 8 assessed were heard and considered; and 9 d 10 WHEREAS,a Diagram of the Assessment District has been prepared and is on file in the a 11 office of the City Clerk; and a 12 WHEREAS, an Assessment Roll has been prepared totaling$34.441.16, which sets forth ° 13 a the individual assessments to be levied on each of the parcels of land within Assessment District y 14 15 No. 1068, for the fiscal year 2012-2013, as set forth in the Engineer's Report, as now submitted, X 16 on file in the office of the City Clerk. v 17 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY o 18 OF SAN BERNARDINO AS FOLLOWS: o a 19 SECTION 1. That a Public Hearing having been held February 6,2012,and continued to 0 20 February 21, 2012, and continued to March 19, 2012, the Mayor and Common Council, having y 21 � heard and considered any and all comments received thereon and being fully advised, hereby 22 w determine that any and all protests received represent less than a Majority Protest, as represented Z 23 24 by the assessment units assessable on the properties represented by said protests. E r 25 SECTION 2. That ballots having been received and considered, it is hereby determined a 26 that the ballots submitted in favor of the assessment exceed the ballots submitted in opposition to 27 the assessment. 28 2 1 SECTION 3. That it is hereby determined that all properties, parcels and lots within the 2 boundaries of the Assessment District receive a local and direct benefit for the works of 3 improvement as proposed for said Assessment District, except for portions determined to be of a 4 general benefit as set forth in said Engineer's Report, and it is hereby further determined and 5 E declared that all assessable costs and expenses have been apportioned and spread over the 6 7 properties within the boundaries of the Assessment District in direct proportion to the benefits a 8 received thereby. m _ 9 SECTION 4. That the public convenience and necessity require the proposed d 10 2 maintenance and the Mayor and Common Council hereby order, by an affirmative vote of not 11 a 12 less than 4/5ths of its members present and voting, the formation of Assessment District No. 0 13 1068, along with the work and appurtenances described in said Resolution No. 2011-319 and ° a 14 said Engineer's Report as herein approved and that the Special Assessment Investigation, w a IS � Limitation and Majority Protest Act of 1931 shall not apply. 16 v SECTION 5. That the Engineer's Report relative to the formation of Assessment District 17 18 No. 1068 as now submitted, together with a Diagram of the Assessment District, both on file in o a 19 the office of the City Clerk, are hereby accepted and approved and that said Engineer's Report = 0 20 shall stand as the Report for all future proceedings for this Assessment District. 21 ir SECTION 6. That the Mayor and Common Council do hereby find and determine that r; 22 m the proportionate costs to be levied against the parcels of land within Assessment District No. z 23 24 1068 are correctly set forth on Assessment Roll No. 1068 for the fiscal year 2012-2013, as set r 25 forth in said Engineer's Report,as now approved, and on file in the office of the City Clerk of the a 26 City of San Bernardino,and do hereby confirm said assessments. 27 © 28 3 1 SECTION 7. The City Clerk is hereby directed and authorized to publish a Notice 2 Inviting Bids for performing the work ordered, in the San Bernardino County Sun, a newspaper 3 published and circulated in said City, according to the specifications prepared or as will be 4 prepared by the City Engineer and on file or to be filed in the office of the City Engineer, at such 5 E time when the installation of the landscaping and appurtenances has been accepted by the City. m 6 a 7 The contract will be awarded pursuant to standards used by the City in the award of Public ' c 8 Works contracts. g rn S 9 SECTION 8. It is hereby determined that the formation of the assessment district is m 10 u categorically exempt from the requirements of the California Environmental Quality Act 11 a 12 (CEQA), pursuant to Class 1, Section 15301(c). 0 13 SECTION 9. Reference hereby is made to said Resolution No. 2011-319 and said °a n 14 Engineer's Report for a description of the work, the extent of the assessment district, the � i 15 financing alternatives and for further particulars. 16 a SECTION 10. That the City Clerk is directed to cause a copy of this Resolution to be 17 18 transmitted to the office of the Auditor-Controller for the County of San Bernardino with the o 19 request that the individual assessments as shown on Assessment Roll No. 1068 be placed on the `o 20 subject 2012-2013 property tax bills for collection together with all other property taxes. c N 21 22 w Z 23 c 24 E L 25 Z 26 27 28 a �. 1 RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY 2 PROTEST... TIPPECANOE AVENUE AND CENTRAL AVENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1068, ORDERING THE 3 WORK, CONFIRMING THE 2012-2013 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 4 SHALL NOT APPLY. N 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and d 6 Common Council of the City of San Bernardino at a meeting thereof held a 7 c 8 on the day of 2012,by the following vote,to-wit: rn c g Council Members: AYES NAYS ABSTAIN ABSENT M v 10 MARQUEZ _o a 11 JENKINS a 12 VALDIVIA ° 13 °a 14 SHORETT y O15 KELLEY � 16 JOHNSON 17 MCCAMMACK o 18 0 a 19 0 20 Georgeann Hanna,City Clerk 0 N 21 The foregoing resolution is hereby approved this_day of 2012. 22 3 w z 23 PATRICK J.MORRIS,Mayor 24 City of San Bernardino E L 25 Approved as to form: a 26 27 © 28 &AMES F. PENMAN, City Attorney 5 Packet Pg.475