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HomeMy WebLinkAbout05.S- Public Works RESOLUTION(ID#1331) DOC ID: 1331 F CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Assessment District From: Nadeem Majaj M/CC Meeting Date: 12/05/2011 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 Preliminarily Determining that the Public Cbnvenience and Necessity Require the Formation of a Landscape, Detention Basin and Storm Drain Maintenance Assessment District Located in the Tippecanoe Avenue and Central Avenue Area Without Compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; Declaring Its Intention to Proceed to Order Work Within the District, to be Known as Assessment District No. 1068; Preliminarily Approving the Engineer's Report and Giving Notice of a Public Hearing. Financial Impact: Amount: $3,568.65 (Estimated annual General Benefit amount) Account No. 001-380-5181-0000-0072 Account Description: Other Operating Expense—Parks Maintenance 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 assumes maintenance sometime in the future. Motion 1: Authorize the Director of Public Works and the City Clerk to proceed under SBMC 12.90, with the establishment of a Landscape, Detention Basin and Storm Drain Maintenance Assessment District in the Tippecanoe Avenue and Central Avenue Area,to be known as Assessment District No. 1068; and Motion 2: Adopt Resolution. Synopsis of Previous Council Action: None. Background: On May 21, 2007, the Planning Commission approved Tentative Parcel Map No. r Updated: 12/1/2011 by Linda Sutherland F Packet Pg. 280 1331 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 include the 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's 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 which will remain undevelopable. The annual cost of maintenance and incidentals will be spread across the remaining eight parcels receiving a 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 Council review. As required by law, only the special benefit may be assessed to properties within an assessment district. Any benefit found to be a general benefit may not be assessed to the District. As set forth in the Engineer's Report, 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 funding 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. In 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 percent, 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, and those maintenance costs will be assessed to those parcels 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 will be prepared and presented at a Public Hearing,which is set for February 6,2012. Updated: 12/I/2011 by Linda Sutherland F Packet Pg. 281 1331 The attached Resolution of Intention sets a public hearing for February 6, 2012, and preliminarily approves the Engineer's Report. Approval of this District will be subject to an assessment ballot process, which requires a majority approval by the property owners within the proposed District boundary. Ballots are weighted proportionally to the amount of the proposed assessment for each parcel. The owners of record will be given mailed notice of the public meeting and hearing, along with an Assessment Ballot form. Since all of the properties within the District are currently under one ownership, no protests are anticipated. Future property owners will purchase the parcels subject to the District and will be given disclosure of the District and assessments by the developer or subsequent property owners,as required by law. City Attorney Review: .Supportlne Documents: RCA Attach-Vicinity Map- Southgate (PDF) RCA Attach-AD 1068 Diagram (PDF) RCA Attach-Engineers Report REV 2011-10-25 - Southgate (PDF) RCA Attach-Engineers Report-Exhibit 1 -Vicinity Map (PDF) RCA Attach-Engineers Report-Exhibit 2 -Boundary Map (PDF) RCA Attach-Engineers Report-Exhibit 3 -Diagram Map (PDF) RCA Attach-Engineers Report-Exhibit 4 -Notice of Exemption (PDF) t RCA Attach-Engineers Report-Exhibit 5 -Proposed AD Roll (PDF) Resolution (PDF) Updated: 12/1/2011 by Linda Sutherland F Packet Pg. 282 S.S.a 0 m d e e 4 c K oi! 18 o� d 15 0 0 Q, �e°aaii Q 40th St. 330 .. � Marshall Blvd. � 210 Q 8 Highland Ave. IN � 3 a � a a `m Base Line St. M 9th St m d 5th St. a ry E t Rialto Ave. 5m o Mill St. a N U ° d Central kve. 210 Orange how Rd. F > 'c 'v A/ 0 s LOCATION OF PROPOSED a ASSESSMENT DISTRICT 1N VICINITY MAP NO. 1068 E L NTS U Q CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT PROPOSED TIPPECANOE AVENUE AND CENTRAL San Be nn 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 CfeB}e(I by: Ryat, Sandoval Packet Pg;263 TIPPECANOE AVENUE o11 V . i v I � � I z E ;, �i � D i o \•, \ y z � > � CrJ o o > a € y88o II J II a o Z V1 m;p D 2 ? 7i7 tz \g9 01 2 , m s © w m MO1N TAIN JEW ASE 01 1 \ l moo a 0, � ��o \ gg m M \ ` Z�O U-',�,'k%0 pm NY �Lm+ m �'a. Y �9 &m �8 :� N �3$ ail a Y " 3 ss $ y3 Yg ea om S a � azm $ gzv 's�9Y a d` a=c� S g a S a Rig. gYm°�s e4Y3 � 8 a"'-- ff Y `Yad a i s.s.o ENGINEER'S REPORT for O ASSESSMENT DISTRICT NO. 1068 (Tippecanoe Avenue and Central Avenue Area Landscape, Detention Basin and Storm Drain Maintenance Assessment District) 0 a In the g r 3 CITY OF SAN BERNARDINO a COUNTY OF SAN BERNARDINO o STATE OF CALIFORNIA o AR a rr a tY n M A t• Y X 0 ED w r 0 o. m tr N N d C File No. 14.40-167 w` V R CITY OF SAN BERNARDINO a a DEPARTMENT OF PUBLIC WORKS d E L Prepared October 25, 2011 m PUBLIC WORKS COPY 1 i i Engineers Report—AD 1068 ENGINEER'S REPORT ' for ASSESSMENT DISTRICT NO. 1068 0 rc ad FILED in the office of the City Clerk of the City of San Bernardino on the day of 2011. m v 0 a` CITY CLERK 3 City of San Bernardino ro o 0 O 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. E K M M CITY CLERK — City of San Bernardino m L O H FINAL approval by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino, r State of California on the day of 2012. 0 N 1 W K CITY CLERK r City of San Bernardino m rc m I HEREBY CERTIFY that the foregoing assessments,together with the Diagram of Assessment District No. 1068, S were approved and confirmed by the Mayor and Common Council of the City of San Bernardino, County of San c w Bernardino, State of California on the_day of , 2012. L U A Q Q V CITY CLERK z City of San Bernardino a E L U N Q f . 2 PacketPg.286 5.S.c Engineers Report—AD 1068 CITY OF OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS 0 ENGINEER'S REPORT ro d v ASSESSMENT DISTRICT NO. 1068 0 (Tippecanoe Avenue and Central Avenue Area Landscape, Detention Basin and (L` Storm Drain Maintenance Assessment District) g L 3 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 maintenance of landscaping areas along Central Avenue, Tippecanoe Avenue, a detention basin south of Central a 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 U) 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. M AUTHORIZATION --On 2011,by action of the Mayor and Common Council m of the City of San Bernardino,the Director of Public Works and City Clerk were authorized to initiate proceedings r for the formation of Assessment District No. 1068 (Tippecanoe Avenue and Central Avenue Area Landscape, c Detention Basin and Storm Drain Maintenance Assessment District)pursuant to the provisions of San Bernardino w City Municipal Code Chapter 12.90 and this Report has been prepared and is hereby submitted pursuant to said N provisions and in accordance with Resolution of Intention No. adopted by the Mayor and Common Council of the City of San Bernardino on the day of 2011. 0 N ADVANCE OF ESTIMATED COSTS OF PROCEEDINGS--On October 20,2010,pursuant to Section w 12.94.030 of the Municipal Code, the developer deposited $5,900 with the City to cover the estimated cost of z proceedings.At the conclusion of the proceedings and after confirmation of all costs,any amounts remaining will be 0 returned to the developer. If actual costs are more than the deposit,then the remainder can either be paid in a lump sum by the developer or assessed against the properties involved. d d c 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 DESCRIPTION OF IMPROVEMENTS— a a - The improvements to be maintained by the District will be landscaping and all appurtenances along portions Ow of the north and south side of Central Avenue east of Tippecanoe Avenue,and the east side of Tippecanoe Avenue, south of Central Avenue; and, d E - The detention basin and all appurtenances south of Central Avenue,located within Parcel 8 of Parcel Map n No. 17887; and, - Two catch basins located within Central Avenue east of the detention basin, the storm drain and all a appurtenances connecting to the catch basins along the north side of Central Avenue, which travels west 3 Engineers Report—AD 1068 towards Tippecanoe Avenue and crosses south under Central Avenue and terminates at the detention basin; and, The storm drain and all appurtenances connecting to the detention basin and terminating at the Santa Ana River, all within the District boundaries. ro Maintenance of the detention basin will consist of periodic cutting of native vegetation and removal of debris and m silt as needed. Maintenance of the storm drains will consist of periodic removal of debris and silt,which includes c the use of a vacuum truck and replacement of any appurtenant equipment related to such storm drains. a` 0 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 0 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: 03 a The centerline of Tippecanoe Avenue on the west, and the northerly, easterly, and southerly z boundary lines of Parcel Map No. 17887 on the north,east and south respectively. M r VICINITY MAP-- A vicinity map showing the general location of the proposed Assessment District is m attached as Exhibit 111". s 5 DISTRICT BOUNDARYMAP--A proposed District Boundary Map has been prepared and is on file in the H .r office of the City Clerk. A reduced copy of the District Boundary Map is attached as Exhibit 112". N 0 DISTRICT DIAGRAM--A proposed Diagram of the Assessment District has been prepared and will be filed with the City Clerk after preliminary approval of this Report and will be filed with the County Recorder and N recorded in the office of the City Engineer after final approval of this Report,confirmation of the Assessment Roll w and Resolution Ordering Work.A reduced copy of the Assessment District Diagram is attached as Exhibit"3". z 0 a 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 C District.No further environmental proceedings will be necessary.A copy of the Notice of Exemption is attached as c Exhibit 4". c W METHOD OF ASSESSMENT AND DETERMINATION OF BENEFIT—Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties in the area y4 is determined to be equal to the area of each lot or parcel that utilizes the landscaped areas either as ingress and a egress or by actual physical use of the land as in the cases of large open areas. The boundaries of the proposed L) district are drawn with this in mind and the Resolution of Intention delineates the specific areas of maintenance, y which will benefit all of the properties within the boundaries. The benefit received by each lot or parcel is cc proportional to the area of each lot or parcel in relation to the total area within the District boundaries. Since the o proposed development for this area is commercial use,assessment units are assigned to each lot or parcel based on yR the number of single family residential units that could be built if the area were developed for residential use,based 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 4 Packet Pg. 288 Engineers Report—AD 1068 square feet)is divided by 7,200 to determine its assigned assessment unit or portion thereof.(7,200 Square Feet= 1 Assessment Unit). Based upon the commercial parcels proposed to be developed,the total assessment units for the 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 05 public benefit,thus each parcel within the district being assessed receives a special benefit from the improvements. m If property not within the boundaries of a district also receives some benefit from the improvements,consideration e must then be given to a general benefit given by the improvements,which may not be assessed to the parcels within a` the district.Since the installation and maintenance of the landscaping and establishment of an assessment district for 2 the maintenance of the landscaping is specific and incidental to this development,it is further determined that the improvements to be maintained by the assessment district are of special benefit to the district only and are 100% a assessable to the parcels within the boundaries of the assessment district,except as follows: o 0 1. Areas of maintenance that front on major arterial streets,as determined by the Circulation Plan of the a City's General Plan,are determined to be 15%general benefit and the proportional costs thereof are not assessable to the District. i 2. Areas of maintenance that front on secondary arterial streets,as determined by the Circulation Plan of M the City's General Plan,are determined to be 10%general benefit and the proportional costs thereof are not assessable to the District. d m rn 3. Areas of maintenance that front on collector streets,as determined by the Circulation Plan of the City's 5 General Plan, are determined to be 5% general benefit and the proportional costs thereof are not w° assessable to the District. u N O 4. Areas that front on local streets are determined to be 100%special benefit and are 100%assessable to the District. c N W *These percentages are based on the traffic circulation for the various street classifications. `o a Based on the City of San Bernazdino's current circulation element of its General Plan, this portion of Tippecanoe � Avenue is designated as a maior 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 w 10%of the cost of landscaping maintenance and appurtenances along Central Avenue,is deemed to be of general M benefit and not assessable to the lots within the Assessment District. w` s Publicly owned lands within the Assessment District,if any,are subject to assessments,unless they receive no benefit with the exception of public right of way, which is not subject to assessments. a a U METHOD OF FINANCING--The estimated cost of the first years maintenance shall be assessed against the properties involved within the current fiscal year or the fiscal year following the establishment of the district. E Depending upon when the costs are assessed and when the actual maintenance is assumed by the City,this assessed amount can be used as a source of pre-funding the first years maintenance contract and incidental costs. Once the City has assumed the responsibility for the maintenance, the properties may be assessed in advance each year a thereafter to establish a source of pre-funding each years costs, or may be assessed for the actual contract and 5 Engineers Report—AD 1068 incidental costs plus interest.Interest will be included in the assessment costs for any amounts or portions not pre- funded through previous assessments. If there is a surplus from the estimated assessment in the event costs are pre- funded through previous assessments,any such surplus shall be applied as a credit to the following years assessment or placed in a reserve fund to cover future increases or maintenance until such reserves are depleted. The OW assessment,whether pre-funded or not,shall be levied,collected and enforced in the same manner,at the same time, a and with the same penalties and interest as in the case of taxes levied for property taxes. Table 1 sets forth the m estimated costs of the first years maintenance. No Bonds will be sold relative to this Assessment District. c a` ASSESSMENT SPREAD -- The amount of each Assessment Unit is determined by dividing the total S 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. o 0 ASSESSMENT ROLL--Parcel Map No. 17887 recorded 12/13/2010,which created 9 commercial parcels, a 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 E estimated first year's maintenance costs has been prepared and is shown as Exhibit"9'. Any parcels remaining vacant,or not being subdivided,will be assessed based on the number of residential lots that could be built pursuant , to the City's existing General Plan. m FUTURE APPORTIONMENTS--In the event that the assessment units,as determined under Method of 0 Assessment, change for any parcel(s)during the term of the Assessment District, the assessment amount for that parcel(s)will change accordingly. Any increases based solely on change in parcel size,land use or density,which w° l would result in an increase of assessment units, will not be subject to a public hearing as long as the formula for 1� determining the assessments as described is applied. Pursuant to Chapter 12.90 of the San Bernardino Municipal o Code, such reapportionment's do not require the recording of an amended Diagram Map. 0 N FUTURE INCREASES--Due to the nature of landscape maintenance; it is anticipated that there will be w future increases in assessments as contract,labor,water and energy costs are all subject to future increases.Annual W increases may be increased without further notice or public hearing by a percentage equal to the increase in the a 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%, B whichever is less. The CPI is typically used for maintenance districts. The rate varies from year to year,but in no d event will an increase,if needed, exceed 5% without a majority approval of property owners in the district. rn c w r U N Q Q U d' c v E s U A Q 6 Packet Pg.290 Engineers Report—AD 1068 TABLE 1 ESTIMATED FIRST YEAR'S COST SUMMARY _ O ASSESSMENT DISTRICT NO. 1068 tr (Tippecanoe Avenue and Central Avenue Area Landscape, Detention Basin and v Storm Drain Maintenance Assessment District) d 0 Description of Costs Quantity Unit CoAlUmt Aimual Cost ° IL A Maintenance ce of Turf/Irrigation - SqFL 0.20 $ - o B 114aiutennce of Gro udmveriShnubsllrrigation 37,981 SgFL 0.20 $ 7,596.25 L C Maintenree of Trees/Irrigation 164 Fa 50.00 $ 8,200.00 Q D LANDSCAPE ARE&SUBTOTAL(A+B) 37,981 E Irrigation Casts(water and energy) 37,981 SqFL 0.10 $ 3,798.13 ° F Detention Basin V eatadon Aba Repair 1 LS. - $ 1500.00 Q Detention Basin Maintenance Cost-25 Cubic Yank(Estimated G based onfour(4)storm events a year) 1 LS. - $ 5,640.00 Sturm DrainMainte ance Cast-(Fstmrated based on far(4) �a H stoma events a yea) 1 LS. - $ 6,772.80 .. / TOTALMIBVIENANCEAREA.P+F) 37,982 SqM. i� J Weeldy Inspection pabor werbead)(Total Annual Ifs) 52 I-I 30.00 $ 1,560.00 ,rM„ K Annual AssmL t_notn eering(labor+ovelnead) 5 Hours 33.00 $ 165.00 m L Contract Adninahation 0abor+overhead) 15 Hours 22.00 $ 330.00 rn M InddenotLs(meteriak,supplies,other costs) 1 LS. 100.00 $ 100.00 N Outside Department Services(labur+ovedbead) 1 LS. 400.00 $ 400.00 N {. O Subtotal(A thin N $ 36,062.18 P General Benefit Calculations: r O -Area of General al Becht(Cetrd Avemte) 32,967 SqFL ° R Perceat of Total Area (Q/1) K80170 S Subtotal (O*R) $ 31,300 N T General Benefit Perwn 1 w U General BecefitAmmingNot Assessable(S*T) $ 3,130.04 $ (3,130.04) V -Area of Gemral Va Wt(ripp e canwAvemue) 014 FL o W Percent of Total Area (V/n 13.20% X Subtotal ((O-F-G-R VV) $ 2,924.08 N Y General Benefit PerernGge 15 d z General Benefit Amount Not Assessable(X*Y) $ 438.61 $ (438.61 W AA Subtotal(0+U+Z) $ 32,493.52 w BB Estimated Interest for non- refunded anmnfs* 6 $ 1,949.61 CC Subtotal(AA+BB) $ 34,443.13 DD Adjustment(Ranring for AssessmettRoll) $ (1. a TOTAL FIRST YFAFVS FSIVYKIM COSIS(T+U) $ 34,441,16 U ASSESSMENT CALCULATION — Applying the Method of Assessment and Assessment Spread described above, [be d following formula is used to determine the assessment amount per Assessment Unit: t U N Total Costs =Total Assessment Units= Cost per Assessment Unit Thus $34,441.16—.,887.43=$38.81 per Assessment Unit per year. 7 Engineers Report—AD 1068 ENGINEER'S STATEMENT o W This Report,together with the Assessment District Boundary Map,Assessment Diagram and Proposed Assessment ,a a d Roll has been prepared and is being filed pursuant to and in compliance with Chapter 12.90 of the San Bernardino c a Municipal Code and also in compliance with the requirements set forth in Article XMD of the California s 5 Constitution for the establishment of Assessment District No.1068(Tippecanoe Avenue and CentralAvenue Area m 0 Landscape, Detention Basin and Storm Drain Maintenance Assessment District). o a vn x E M M N T O) Date Robert Eisenbeisz, City Engineer © o 0 N N O N W K C O o. d 0' `w v c c W U u M a Q U K c a E s U R Q 8 Packet Pg. 292 Engineers Report—AD 1068 List of Exhibits 0 rr m d d 1. Vicinity Map..................................................... Exhibit "I" c o`. 2. Reduced copy of Boundary Map....................... Exhibit 'T' 3 r 3. Reduced copy of Assessment District Diagram Exhibit"Y' e o_ 4. Copy of"Notice of Exemption........................... Exhibit "4" o 5. Proposed Assessment Roll (FY 2012/2013)...... Exhibit "5" a M M d A O) L J O I? N N O O N W R' C O O. m C' N N d C C W t V Q Q U C C d E L u ry z a 9 Packet Pg:293 a� 0 F m a O a` � 18 $ 15 j a ' oaf M'daii ao 40th SL 330 O Marshall Blvd. 210 f1 Highland Ave. s 3 riN > E G Base Line St. w E N 3 N T 9th St m C_ 5th St. a o Rialto Ave. d 15 d a Mill St. a t W Central Ave. 210 Orange how Rd. r O IY rlY N G t LOCATION OF PROPOSED W ASSESSMENT DISTRICT W VICINITY MAP NO. 1068 a a NTS fl K C EXHIBIT "1" E R CITY OF SAN BERNARDINO a PUBLIC WORKS DEPARTMENT PROPOSED TIPPECANOE AVENUE AND CENTRAL SaaBena iaa 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 Created by: Ryan Sandoval Packet Pg.2sa TIPPECANOE AVENUE I \vY � I Fl S I & \ I \ N D \Z 9 r� 4 m § r n g I C i $ z S Q V1 VJ m m n 3 ayz C/l =y o d 0 m \ �a 0F2 D M. v amM \ z~o o P2 s ' � .i 'f �P m�y�8�s+3 " r N � g a m ;a "alum a_ pp q ; 9 a' aa:ae m 5 EXHIBIT °2" TIPPECANOE AVENUE \ � ON \ \ y i m °vo ti I Z 1 A a *\ Z D a y I Z 9 y H rA V1 ' � 3 0 4 zKi r� '�' SS 5w y0 o o I � I a o � f 8 £ 9 gym ID I� d m a y E�ZMo \ 6 o � Z � yd `- a ® m I MO`�JTAIN IEW AVE m I z F o ol Z o IoW \ \ O,m N o yD ' im77 3 O N�Q € Ad) d8 H $ � s .• ��`~ 3 as 9 0o 44 4 ° 2 Ul�5m�c4. �•m � 4 m3'E'SSS � 3 g 4 8 S In� 4 8 EXHIBIT 'T' S.S.g CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT NOTICE OF EXEMPTION 0 ro FROM: CITY OF SAN BERNARDINO TO: OFFICE OF PLANNING AND RESEARCH y PUBLIC WORKS DEPARTMENT 1400 TENTH STREET, ROOM 121 u 0 300 N."D"STREET SACRAMENTO,CA 95814 y SAN BERNARDINO,CA 92418 p X CLERK OF THE BOARD L COUNTY OF SAN BERNARDINO 385 NORTH ARROWHEAD AVENUE ¢ SAN BERNARDINO,CA 92415 0 Project Title: ASSESSMENT DISTRICT NO. 1068 G Project Location-Specific: TIPPECANOE AVENUE AND CENTRAL AVENUE AREA LANDSCAPE, V) DETENTION BASIN AND STORM DRAIN MAINTENANCE ASSESSMENT DISTRICT rr Project Location-City: SAN BERNARDINO Project Location—County:SAN BERNARDINO M Description of project: SBMC 12.90 PROCEEDINGS FOR THE ESTABLISHMENT OF A LANDSCAPE 0 MAINTENANCE ASSESSMENT DISTRICT E 0 X w `o U u Name of Public Agency Approving Project: CITY OF SAN BERNARDINO z Name of Person or Agency Carrying out Project: CITY OF SAN BERNARDINO V Z Exem t Status: (check one) T Ministerial (Sec.21080(b)(1);15268); w ❑ Declared Emergency(Sec.21080(b)(3);15269(a)); ❑ Emergency Project(Sec.21080(b)(4);15269(b)(c)); o ER Categorical Exemption.State type and section number: Class 1 15301(c) Res.90-217.Sec. 32c 0. ❑ Statutory Exemptions.State code number: tY N Reason why project is exempt: ESTABLISHMENT PROCEEDINGS FOR ASSESSMENT DISTRICT TO m c PROVIDE FUNDING SOURCE FOR MAINTENANCE OF LANDSCAPING c w z U Lead Agency z Contact Person: RYAN SANDOVAL Area Code/Telephone/Extension: (909) 384-5226 ¢ If filed by applicant: L) 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? ❑ Yes ❑ No a E L U Signature: Date: Title: Real Prooertv Specialist 2 Q ®Signed by Lead Agency ❑ Signed by Applicant Date received for filing at OPR: EXHIBIT "4" eV LIN Packet Pg;297 MY OF SAN BERNARDINO PROPOSED 2012 / 2013 ASSESSMENT ROLL -AD 1068 TIPPECANOE AVENUE AND CENTRAL AVENUE AREA LANDSCAPE,DETENTION BASIN AND STORM DRAIN MAINTENANCE ASSESSMENT DISTRICT O Assessment No. Assessment Amt. C6 Parcel No. or Lot No. w a d m U 1 0136-361-30 $511.52 0 a 2 0136-361-31 $1,183.32 0 3 0136-361-32 $1,864.04 4 0136-361-33 $5,350.73 ¢ m 5 0136-361-34 $11,814.93 c 6 0136-371-38 $9,607.80 ❑ a 7 0280-251-65 $3,587.60. y 8 0280-251-66 $0.00 a 9 0280-251-67 $521.22 TOTALS: 9 Parcels $34,441.16 0 tr ® 0 v 0 a 0 a` N a t x w 0 0 a 0 D: N d U C C W L U A Q Q U K d E r U N 1068 1 2012 EXHIBIT "5" Page 1 of 1 S.S.i 1 RESOLUTION NO._ 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC 3 CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A 4 LANDSCAPE, DETENTION BASIN AND STORM DRAIN MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE TIPPECANOE AVENUE AND 5 CENTRAL AVENUE AREA WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT z 6 OF 1931; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK ae WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1068; d 7 PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. 0 8 a 0 9 WHEREAS,the City of San Bernardino (hereinafter called "City")as an exercise of a 5 10 its municipal affairs powers has enacted an Assessment District Ordinance (Municipal Code 11 Chapter 12.90) to provide for the procedure for the formation of assessment districts within o 12 a 13 the City;and 14 WHEREAS, it has now become necessary to consider the formation of a landscape, z 15 detention basin and storm drain maintenance assessment district within the City,to be known 16 as Assessment District No, 1068, Tippecanoe Avenue and Central Avenue Area Landscape, M 17 ` Detention Basin and Storm Drain Maintenance Assessment District. w 18 d BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 19 CITY OF SAN BERNARDINO AS FOLLOWS: c 20 5 SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code,the N 21 22 Mayor and Common Council hereby preliminarily find and determine that the public 23 convenience and necessity require,and it is the intention of the Mayor and Common Council r u 24 to form Assessment District No. 1068,the boundaries of which are generally as follows: 25 26 The centerline of Tippecanoe Avenue on the west, and the northerly, easterly, 27 and southerly boundary lines of Parcel Map No. 17887 on the north, east and 28 south respectively. Packet Pg. 299 RESOLUTION...PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND 1 NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE,DETENTION BASIN AND STORM DRAIN MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE TIPPECANOE AVENUE 2 AND CENTRAL AVENUE AREA...ASSESSMENT DISTRICT NO. 1068; PRELIMINARILY 3 APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING, 4 Reference is hereby made to the Engineer's Report on file in the office of the City Clerk for a 5 map of the boundaries of said district, a description of the maintenance, an estimated cost of p X 6 the maintenance, and a proposed assessment roll which Report and Assessment District Map c 7 are hereb y p reliminaril y approved. o g 0. 9 SECTION 2. It is the intention of the Mayor and Common Council to order 2 = 10 improvements within the district, which improvements shall consist of,but are not limited to, ro 11 the maintenance of landscaping and all appurtenances alon g port ions of the north d south O ° D 12 side of Central Avenue east of Tippecanoe Avenue,the east side of Tippecanoe Avenue,south C 13 of Central Avenue, the detention basin south of Central Avenue, located within Parcel 8 of 14 ° Parcel Map No, 17887, the two catch basins located within Central Avenue east of the 15 M 16 detention basin along with the storm drain and all appurtenances connecting to the catch M 17 basins located along the north side of Central Avenue and terminating at the detention basin, o N 18 and the storm drain connecting to the detention basin and terminating at the Santa Ana River. 0 19 The estimated cost of said maintenance for the first year, including incidental costs, less o 20 general benefit amounts,is$34,441.1 6. o 21 d SECTION 3. Said contemplated work and improvements are of more than local or 22 W at 23 ordinary public benefit, and that the Mayor and Common Council do hereby make the E v 24 expense of such work and improvements chargeable upon the district,which district is hereby Q 25 declared to be the area benefited by said proposed work and improvements,and to be assessed 26 to pay the cost and expense thereof, except as otherwise may be set forth in said Engineer's 27 28 Report. All public streets or alleys,or portions thereof,within said development,are hereby m.. `- Packet Pg.300 RESOLUTION...PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND 1 NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE,DETENTION BASIN AND STORM DRAIN MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE TIPPECANOE AVENUE 2 AND CENTRAL AVENUE AREA...ASSESSMENT DISTRICT NO. 1068; PRELIMINARILY 3 APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. 4 excepted from said assessment,as set forth in said Engineer's Report. 5 0 SECTION 4. The assessment benefit procedure to be followed and the amount to be m 6 � 7 assessed against each particular parcel will be based upon the bans of the equivalent of a d v 0 g single residential lot of 7,200 square feet, or any portion thereof, being one assessment unit a 9 and the percentage of costs will be assessed proportional to the percentage of the total Q 10 assessment units on each parcel as it relates to the total number of assessment units,actual or � 11 by formula,within the district. Reference is hereby made to said Engineer's Report,on file in 12 a 13 the office of the City Clerk, for full particulars and proposed assessment amount against each rn K 14 Parcel. C15 SECTION 5. The assessment financing alternative to be followed shall be as follows: M 16 The estimated cost of the first year's maintenance,as set forth in said Engineer's report, ^� 17 0 shall be assessed against the properties involved within the current fiscal year or the fiscal A4 18 a year following the establishment of the district. Depending On when the costs are assessed 19 0 20 relative to when the maintenance is assumed by the City,this assessed amount can be used as 0 21 a source of pre-funding the first year's maintenance contract and incidental costs.Once the 22 district has assumed the responsibility for the maintenance,the properties shall be assessed d 23 £ each year thereafter to establish a source of pre-funding each year's costs,or for the actual 24 a 25 contract and incidental costs. If there are surplus amounts in the event of pre-funding of costs, 26 then such surplus may be applied as a credit to the following year's assessment or retained in a 27 reserve to offset future increases. Interest will be charged on any portion of the assessments 28 that are not pre-funded through previous assessments.The interest rate shall be based upon the L RESOLUTION...PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND 1 NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE,DETENTION BASIN AND STORM DRAIN MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE TIPPECANOE AVENUE 2 AND CENTRAL AVENUE AREA...ASSESSMENT DISTRICT NO. 1068; PRELIMINARILY 3 APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. 4 average rate of the City's current earnings on invested fiords during the period of expenditure. _ 5 O The assessment shall be levied,collected and enforced in the same mariner, at the same time, 6 a 7 and with the same penalties and interest as in the case of property taxes. Said assessments w G 0 8 shall be collected in perpetuity or until terminated by the Mayor and Common Council. 0. 0 9 Reference is made to said Engineer's Report for full particulars. 10 a SECTION 6.NOTICE IS HEREBY GIVEN that a public hearing will be held before c 11 the Mayor and Common Council of the City of San Bernardino on Monday,February 6,2012, 12 a 13 at 4:00 p.m., in the Council Chambers of City Hall, 300 N. "D" Street, San Bernardino, a 14 California for the purpose of determining whether the public convenience and necessity 15 require the formation of the proposed maintenance district without compliance with the ^ 16 Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and whether c 17 s the Mayor and Common Council should proceed with ordering the above-described 2 18 > 19 improvements. At said public hearing, any person may appear and file objections relative to c 0 20 the proposed district,the proposed maintenance or the costs thereof.Any person owning 0 N 21 property within the proposed district may protest against said district, the proposed M 22 maintenance or the costs thereof, by filing a written protest with the City Clerk, 300 N. "D" r 23 Street, San Bernardino, California, 92418,prior to 4:00 p.m.,February 6,2012. Each protest 24 25 must be signed by the owners thereof and must contain sufficient information to properly 26 identify said property.No action will be taken to approve the formation of the district until the 27 conclusion of said public hearing on February 6, 2012. All property owners within the 28 proposed district shall also be mailed ballots,which may be used to indicate support or RESOLUTION...PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND 1 NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE,DETENTION BASIN AND STORM DRAIN MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE TIPPECANOE AVENUE 2 AND CENTRAL AVENUE AREA...ASSESSMENT DISTRICT NO. 1065; PRELIMINARILY 3 APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. 4 opposition to the proposed assessment. A majority _ ppo j ty protest shall exist if the total amount of 5 0 assessments shown on the ballots returned in opposition to the assessment is greater than the 6 °a V total assessment amount of ballots returned in support of the assessment. All ballots must be u 0 8 received in the Office of the City Clerk no later than the time and date of the public hearing as a. 0 9 stated herein. s 10 a If at the conclusion of said public heating on February 6, 2012, protests have been c 11 filed and not withdrawn by property owners representing over 50%of the assessment units to a 12 13 be assessed, or ballots returned representing over 50% of the assessment amount of the a 14 returned ballots,these proceedings shall be abandoned and no assessments shall be imposed. 4..- 15 Additional information may be obtained by contacting the Public Works Department, _M 16 Real Property Section, at (909) 384-5226 or by writing to same at 300 N. "D" Street, San "' C 17 Bernardino,California,92418. _^ IS � 19 SECTION 7. A copy of this resolution and a map showing the exterior boundaries of 0 20 the proposed improvement district With relation to the territory immediately contiguous 0 m 21 thereto and to the proposed improvements shall be on file with the City Clerk and shall be X c 22 available for inspection by any person or persons interested. This map shall govern for all E t 23 details as to the extent of the proposed improvement district. 24 a 25 SECTION 8. The City Clerk is hereby authorized and directed to publish a copy of 26 this Resolution in the San Bernardino County Sun, a newspaper of general circulation 27 published in the City,and shall cause Notice to be mailed as required by Section 12.90.040(C) 28 of the San Bernardino Municipal Code. 1 RESOLUTION...PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE, DETENTION BASIN AND STORM DRAIN MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE TIPPECANOE AVENUE 2 AND CENTRAL AVENUE AREA...ASSESSMENT DISTRICT NO. 1068; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting p tY 6 thereof,held on the_day of ,2011,by the following vote,to wit: 0 a 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 a 0 9 MARQUEZ _ 5 10 JENKINS m 11 BRINKER o 12 SHORETT N 13 Ir KELLEY _ moo. 14 15 JOHNSON M 16 MCCAMMACK M C 17 4 A 18 Rachel G. Clark,CIVIC,City Clerk 19 The foregoing resolution is hereby approved this_day of ,2011. .2 20 0 Ul 21 22 Patrick J.Morris,Mayor City of San Bernardino £ 23 Approved as to form: z 24 JAMES F.PENMAN, 25 City Attorney 26 By: L. 27 28 Packet PgG 304--