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HomeMy WebLinkAbout19- Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: MICHAEL E. HAYS,Director Subject: Resolution of Intention—Palm and Washington Landscape Maintenance Dept: Development Services A``Q ` Assessment District---Tract No. 15743 Date: March 8,2000 117 [ t{4 1��1iii I (AD 1025) 1111111111 of t File No.14.40-117 Synopsis of Previous Council Action: MCC Date: 03-20-2000 05-17-1999 - Tract No. 15743 was approved with conditions. 07-06-1999 -Authorization to proceed with the formation of a landscape maintenance Assessment district in the Palm and Washington area was granted. 01-24-2000 -Item continued to Council Meeting date of 02/07/2000 02-07-2000 - Item continued to Council Meeting date of 02/22/2000 02-22-2000 - Item continued to Council Meeting date of 03/20/2000 Recommended Motion: ADOPT RESOLUTION Michael E. Hays Contact person: LASZLO"Les"FOGASSY Phone: 5026 Supporting data attached: Staff Report, Maps, Ward: 5 ngineer s Rep.,Res. FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant) and (general benefit portion of costs) Source: (Acct. No.)254-000-2301-6015 /(account for general benefit costs to be established in Development Services F? LuuulzuuTnudget (Acct. Description) Assessment District Deposits 'ale" O//z /�OOd Finance / f�,{ all /y f0sk' � 0 y 4 C 7 �OOd ouncil tes. Agenda Item No. / 3/ao/aova CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution of Intention — Palm and Washington Landscape Maintenance Assessment District-- Tract No. 15743 (AD 1025). BACKGROUND: On May 17, 1999, Tract No. 15743 was approved. One of the conditions of approval was the formation of an Assessment District for the maintenance of landscaping along the west side of Palm Avenue, south of Washington Avenue and along the south side of Red Sky Avenue, adjacent to the southerly boundary of the tract. This is being done to relieve the City of the costs of maintaining the landscaping and to prevent blight, since property owners usually do not maintain the areas beyond the perimeter block walls of a tract. The developer will install the landscaping and irrigation and the assessment district will provide for the ongoing maintenance. On June 21, 1999, this office received a letter of request from the property owner, Verdemont Ranch, LLC, for the formation of the Assessment District. The landscaping along Palm Avenue will consist of Palm Trees (existing plus additional trees to be planted), groundcover and vines. The landscaping along Red Sky Avenue will consist of shrubs and mulch. The irrigation system will include all necessary sprinkler heads, piping, controller valves, backflow device and controller. The developer will install the landscaping as a condition of approval for this tract and will be carried out pursuant to the City's standards for landscape installation within an assessment district. Maintenance will be done on a weekly basis and will include trash pickup, weed control, trimming, pruning, fertilizing and repair of irrigation system as needed. Once the City accepts the landscaping, an outside contractor following the City's standards and specifications will perform the maintenance. Tract No. 15743 consists of 38 single-family lots. The assessable portion of the annual cost of maintenance, which is estimated to be $7,488.66, including incidental and administrative costs, will be spread across these 38 lots. The annual assessment per lot is estimated to be $197.07. All potential buyers will be given a disclosure statement of the assessment by the seller/developer. An Engineer's Report has been prepared, which gives details regarding the district boundaries, proposed maintenance, method of assessment, total cost of maintenance and a proposed assessment roll and is on file in the office of the City Clerk. A District Boundary map has also been prepared and is also on file with the City Clerk. A copy of the Engineer's Report is attached. The attached Resolution declares the City's intent to form Assessment District No. 1025 and sets a public meeting date of April 17, 2000 and a public hearing date of May 15,2000. t l CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report-Continued All property owners of record within the proposed district will be sent a mailed notice, along with an Assessment Ballot, as required by Proposition 218. The results of the ballots will be presented at the close of the public hearing; ballots are weighted in proportion to the assessment amount. The Developer will still own the majority of the parcels when notices are mailed and thus majority protest is not anticipated. On January 24, 2000, this item was continued to the February 7, 2000 Council meeting to allow staff to discuss issues with the City Attorney's office relative to the Engineer's Report. The issues discussed were the cost factors used in Table 1 of the Engineer's Report,the determination of some general benefit of the proposed landscape maintenance pursuant to the City's legal interpretation of Proposition 218 and clarification of how future increases would be handled. All of these issues were resolved and language in the Engineer's Report was modified or added to address these issues. The cost factoring is based on a cumulative average of all assessment districts and a clause was added to clarify this. To address the second issue regarding the interpretation of Proposition 218 related to general versus special benefit, we have revised the Engineer's Report under the section titled "Method of Assessment and Determination of Benefit",page two. Consideration is now given to some general benefit aspect depending on the type of street the landscaping fronts on. On February 22, 2000, the item was again continued to allow staff to further discuss the issue of general benefit versus special benefit with the City Attorney's office. The agreed upon formula, as stated in the Engineer's Report, will be 25% general benefit for major arterial streets, 20% for secondary arterial streets, 15% for collector streets and 0% for local streets. Applying this formula to the proposed assessment district, the general benefit amount is estimated to be $1,071.42 for this district, which is 20% of the total cost of maintenance along Palm Avenue, and the total assessment before interest, has been reduced by this amount, as shown in Table 1 of the Engineer's Report. The general benefit amount cannot be assessed to the district and must be paid for by the General Fund. A similar method of determining general versus special benefit will be utilized in future maintenance district proposals. Future increases, if any, cannot exceed the Consumer Price Index, or 5%, whichever is less, without requiring a property owner vote and is set forth in said Engineer's Report, a copy of which has been attached. FINANCIAL IMPACT: Applicant has paid the $4,000 processing fee and all subsequent work carried out in the district will be assessed back to property owners. Additional funds will need to be appropriated in Development Services' budget to cover the general benefit amount, estimated to be $1,071.42. The remaining cost of maintenance will be through annual assessments, which is estimated to be $197.07 RECOMMENDATION: Staff recommends that the attached Resolution be adopted. Location of Proposed Assessment District F �4 c /re 18 15 No Scale o, co. 7 40th St. 330 ti o v o Marshall Blvtl, a= 210 � Highl zss 3° and Ave. 0 in 0 E y m 0 Base Line St. �' in d LSt 9tha 5th St. `m Riolto Ave St . a Mill . 15 u 0 0 v 210 n Orange Show Rd. 10 VICINITY MAP CITY OF SAN BERNARDINO PROPOSED ASSESSMENT DISTRICT - DEVELOPMENTSERVICESDEPARTMENT PALM AND WASHINGTON AREA PUBLIC WORKS DIVISION LANDSCAPE MAINTENANCE Indicates un—incorporated areas ASSESSMENT DISTRICT ® within City's Sphere of Influence ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1025 (Palm Avenue and Washington Avenue Area Landscape Maintenance Assessment District) in the CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA ARD�^,O o � z a J .bc ' O �bU�bED IN X01 File No. 14.40-117 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION Prepared March 1, 2000 1 Engineer's Report—AD 1025 ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1025 FILED in the office of the City Clerk of the City of San Bernardino on the day of CITY CLERK City of San Bernardino PRELIbIINARY approval by the Mayor and Common Council.of the City of San Bernardino, County of San Bernardino, State of California on the_day of CITY CLERK City of San Bernardino FINAL approval by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino, State of California on the day of CITY CLERK City of San Bernardino I HEREBY CERTIFY that the foregoing assessments,together with the Diagram of Assessment District No. 1025, were approved and confirmed by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino, State of California on the day of CITY CLERK City of San Bernardino 2 Engineer's Report—AD 1025 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1025 (Palm Avenue and Washington Avenue Area Landscape Maintenance Assessment District) PETITION--On June 21,1999, 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 along portions of Palm Avenue, South of Washington Avenue and along portions of Red Sky Avenue within Tract No. 15743. The signatures on the petition represent 100%of the property owners of the parcels within the proposed boundaries of the district. This petition was the result of a requirement placed upon the developer of Tract No. 15743 by the City to relieve the City from having to maintain the areas of landscaping. AUTHORIZATION -- On July 6, 1999, by action of the Mayor and Common Council of the City of San Bernardino, the City Engineer and City Clerk were authorized to initiate proceedings for the formation of Assessment District No. 1025 (Palm Avenue and Washington Avenue Area Landscape 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 provisions and in accordance with Resolution of Intention No. adopted by the Mayor and Common Council of the City of San Bernardino on the day of ADVANCE OFESTIMATED COSTS OFPROCEEDINGS-- On August 17, 1999, pursuant to Section 12.94.030 of the Municipal Code, the developer deposited $4,000 with the City to cover the estimated cost of proceedings. At the conclusion of the proceedings and after confirmation of all costs, any amounts remaining will be returned to the developer. If actual costs are more than the deposit, then the remainder can either be paid in a lump sum by the developer or assessed against the properties involved. EASEMENTS— All landscaping to be maintained will be within the dedicated right of way, or within easements granted to the City for landscape maintenance purposes and no maintenance will be carried out on private property. DESCRIPTION OFIMPROVEMENTS--The improvements to be maintained include landscaping and all appurtenances along portions of the West side of Palm Avenue, South of Washington Avenue, portions of Washington Avenue adjacent to Lot 1 of Tract No. 15743 and along portions of the South side of Red Sky Avenue, all within Tract No. 15743. 3 Engineer's Report—AD 1025 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. DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the Assessment Boundary Map of Assessment District No. 1025 and are generally described as follows: The centerline of Washington Avenue on the North, Palm Avenue on the East,and the Southwesterly line of Tract No. 15743 on the Southwest. VICINITY MAP-- A vicinity map showing the general location of the proposed Assessment District is attached as Exhibit"1". DISTRICT BOUNDARYMAP--A proposed District Boundary Map has been prepared and is on file in the office of the City Clerk. A reduced copy of the District Boundary Map is attached as Exhibit"2". DISTRICT DIAGRAM —A proposed Diagram of the Assessment District has been prepared and will be filed with the City Clerk after preliminary approval of this Report and will be filed with the County Recorder and recorded in the office of the City Engineer after final approval of this Report, confirmation of the Assessment Roll and Resolution Ordering Work. A reduced copy of the Assessment District Diagram is attached as Exhibit"3". NOTICE 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 "4". METHOD OF ASSESSMENT AND DETERMINATION OF BENEFIT-- Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties in the area is determined to be equal to the number of residential units that utilize the landscaped areas either as ingress and egress or by actual physical use of the land as in the cases of large open areas. The boundaries of the proposed district are drawn with this in mind and the Resolution of Intention delineates the specific areas of maintenance which will benefit all of the properties within the boundaries.Thus,each residential lot or unit, be it a single family lot,a condominium or an apartment will be assessed an equal share in the cost of maintenance(1 residential lot or unit= 1 Assessment Unit). The benefit received by the parcels within the boundaries of the district is deternined to be of more than ordinary public benefit, thus each parcel within the district being assessed receives a special benefit from the improvements. If property not within the boundaries of a district also receives some benefit from the improvements, consideration must then be given to a general benefit given by the improvements, which may not be assessed to the parcels within the district. Since the installation and maintenance of the landscaping and establishment of an assessment district for the maintenance of the landscaping is specific and incidental to this development,it is further determined that the improvements to be maintained by the assessment district are of special benefit to the district only and are 100% assessable to the parcels within the boundaries of the assessment district, except as follows: 4 Engineer's Report—AD 1025 1. Areas of maintenance that front on major arterial streets, as determined by the Circulation Plan of the City's General Plan, are determined to be 25%general benefit and the proportional costs thereof are not assessable to the District. 2. Areas of maintenance that front on secondary arterial streets, as determined by the Circulation Plan of the City's General Plan, are determined to be 20%general benefit and the proportional costs thereof are not assessable to the District. 3. Areas of maintenance that front on collector streets, as determined by the Circulation Plan of the City's General Plan, are determined to be 15%general benefit and the proportional costs thereof are not assessable to the District. 4. Areas that front on local streets are determined to be 100%special benefit(i.e. 0%general benefit) and are 100% assessable to the District. These percentages are based on the traffic circulation for the various street classifications. Palm Avenue is classified as a secondary arterial and represents 65.84%of the total areas of maintenance. Pursuant to the above determination of benefit, 20% of 65.84% of the total cost of maintenance will not be assessed to the District. The remaining area of maintenance along the southwesterly side of Red Sky Avenue, which is classified as a local street, is 100% special benefit and assessable to the District. The net cost assessable to the District is shown in Table 1. 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. Presently, no parcels within the district are publicly owned. METHOD OF FINANCING--The estimated cost of the first year's maintenance shall be assessed against 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 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 thereafter to establish a source of pre-funding each year's costs, or may be assessed for the actual contract and incidental costs plus interest. Interest will be included in the assessment costs for any amounts or portions not pre- funded through previous assessments. If there is a surplus from the estimated assessment in the event costs are pre- funded through previous assessments, any such surplus shall be applied as a credit to the following year's assessment or placed in a reserve fund to cover future increases 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, and with the same penalties and interest as in the case of taxes levied for property taxes. Table 1 sets forth the estimated costs of the first years maintenance. No Bonds will be sold relative to this Assessment District. ASSESSMENT SPREAD -- The amount of each Assessment Unit is determined by dividing the total 5 Engineer's Report—AD 1025 maintenance costs, including all incidentals, by the total number of assessment units, as determined by the above Method ojAssessment Each parcel in the district is then assessed based upon the total number of Assessment Units calculated for that parcel. ASSESSMENT ROLL -- Presently there are 38 single family parcels within Tract No. 15743, with each parcel 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 first year's maintenance costs has been prepared for the 38 parcels within Tract No. 15743 and is shown as Exhibit «5„ FUTUREAPPORTIONMENTS—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 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 determining the assessments as described is applied. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, such reapportionments do not require the recording of an amended Diagram Map. FUTURE INCREASES--Due to the nature of landscape maintenance, it is anticipated that there will be future increases in assessments as contract, labor,water and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Orange County-Inland Empire area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed, exceed 5%without a majority approval of property owners in the district. 6 Engineer's Report—AD 1025 TABLE I ESTIMATED FIRST YEAR'S COST SUMMARY Assessment District No. 1025 (Palm and Washington Area Landscape Maintenance Assessment District) A Main ten an cc of Turf/ Irrigation - Sq.Ft. 0.20 S - B M a in ten an ce of Ground cover/Shrubs/Irrigation 18,150 Sq.Ft. 0.21 S 3,811.50 C Maintenance of Trees / Irrigation 1 L.S. 100.00 S 100.00 D Water and Energy Costs 18,150 Sq.Ft. 0.10 $ 1,815.00 E Weekly Inspection (labor,overhead) 52 Hours 25.00 S 1,300.00 F Annual Assmt. Engineering (labor+overhead) 10 Hours 30.00 $ 300.00 G Contract Adminstration (labor+overhead) 15 Hours 22.00 $ 330.00 N Incidentals (materials, supplies, other costs) I L.S. 100.00 S 100.00 I Outside Department Services (labor+overhead) 38 parcels 10.00 $ 380.00 J Subtotal S 8,136.50 General Benefit Calculations: K Area of General Benefit 11,950 Sq.Ft. L Percent of Total Area (K / B) 65.84 % M Subtotal (J•L) $ 5,357.09 N General Benefit Percentage 20.00 % General Benefit Amount Not Assessable (M * N) $ 1,071.42 S (1,071.42) Subtotal S 7,065.08 Estimated Interest for non-prefunded amounts' 6 Percent S 423.90 Subtotal Adjustment (Rounding for Assessment Roll) S (0.33) TOTAL FIRST YEAR'S ESTIMATED COSTS S 7,488.66 NOTE: The Unit Costs in the above table are based on an accumulated average of actual costs from prior years. * Estimate based on full year's interest. Interest charged only on portions that are not pre-funded by the prior years assessments as stated above. Rate vanes based on City's average earnings as stated above. 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 7,488.66 =38 = $197.07perAssessment Unitper year 7 Engineer's Report—AD 1025 ENGINEER'S STATEMENT This Report,together with the Assessment District Boundary Map,Assessment Diagram and Proposed Assessment Roll has been prepared and is being filed pursuant to and in compliance with Chapter 12.90 of the San Bernardino Municipal Code and also in compliance with the requirements set forth in Article XIIID of the California Constitution for the establishment of Assessment District No. 1025. Date RAYM ND A. CASEY City Engineer �OQpCFESS 5� ND A. 09s Fyc\ No.CE-41880 a ' * Exp.0331-2000 * I sl cm �P OF CkLk� 8 Engineer's Report—AD 1025 List of Exhibits 1. Vicinity Map..................................................... Exhibit "V 2. Reduced copy of Boundary Map....................... Exhibit "2" 2. Reduced copy of Assessment District Diagram Exhibit"3" 3. Copy of"Notice of Exemption"......................... Exhibit "4" 4. Proposed Assessment Roll (FY 2000/2001)...... Exhibit "5" 9 Location of Proposed Assessment District f f 0 c or tB No Scale Is o, co. 40th St. nu V Q O Marshall Blvd. � _ V 210 0 Highland Ave. 2!9 0 in o E V Base Line St. w in a u 9th Sl 5th St. Rialto Ave. Mill St. o c °u m 210 0 Orange Show Rd. 0 VICINITY MAP CITY OF SAN BERNARDINO PROPOSED ASSESSMENT DISTRICT - DEVELOPMENTSERVICESDEPARTMENT PALM AND WASHINGTON AREA PUBLIC WORKS DIVISION LANDSCAPE MAINTENANCE indicates un—incorporated areas ASSESSMENT DISTRICT ® within City's Sphere of Influence EXHIBIT "1" ±m N %]§ '?! § 2 ; §n \ $ 52e�§ 1. _aW � \ ( , \gym U ( rA 0 ° e \ k ` ' | f O uj $ b | � ¢ ( � ! ! EXHgT Jill gg 55gjjfs �«asjlp=� jf Elis�� FE�1 J 13°�y ;gg `!S S IsR�iS a ��I as ���4S 3I�33 •� �� E �s ��;' 2� 4�� 8 d E 311 ° u Uw A N 4-Y 3nN3AV Wltld O c fig w Z ° b H w ° Con � 'd� Cn ENO•• 3 �y n". � E a T^ N s •°)Y V�1 VI 0 I O ° U v '° o ,C • W a a = >>N 3 t� O i2 N J 2 J gg 0 3W a l O 2 N W Wyy W WNW EXHIBIT "3" U. O NI LU W I WASHINGTON STREET �aa q O 1 r ax is n uvir N ...a Q i - U_U tl q v tl p i i W Q IaQ O ian nil c �V Ana x m c i e7 r, i w a s usx � _ s _ LL V1 TT^^ w ma IxQ a a V1 vl hi i i m � tl RfU e SKY 4 F+i M 4 � CAB<C f F C , 4 P i ml ti O ml Z 133HS 33S ti W 3nN3AV VSOOIVddV c c mu nn nn as As 9 F N 12 A N E2 y N 22 h N I2 h N W kri O .un nn nn nn su mm mn mn as aw �� R v ��/�'u'���NJ 62 V O F— ! © u �" V 92 p © L2 q (@ 82 4. z w � - 0 w Q Q ti* xw P an ma All x .Uv �•/� U N ° 133S1S VN33S3 Pay 4 Z uw ^ 0 a>t n'mi an y T.uv y �y R H = k 2E a P! IE @ a J ft W Q nay mm cc Ir-H � mmi x�me c e ff r W uva °a ^ /E Uri o 0 vl 9E 9 W 9 M r mn. [E ; a a'ltl BE R a Oa! Y CiTY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT NOTICE OF EXEMPTION File No. 14.40-117 FROM: CITY OF SAN BERNARDINO, PLANNING TO: OFFICE OF PLANNING AND RESEARCH AND BUILDING SERVICES DEPARTMENT 1400 TENTH STREET, ROOM 121 300 N. 'D' STREET SACRAMENTO,CA 95814 SAN BERNARDINO, CA 92418 X COUNTYCLERK COUNTY OF SAN BERNARDINO 385 NORTH ARROWHEAD AVENUE SAN BERNARDINO, CA 92415 Project Title: ASSESSMENT DISTRICT NO. 1025 Project LocationSpecific: TRACT NO. 15743—SOUTH OF WASHINGTON STREET, WEST OF PALM AVENUE Project Location-City: SAN BERNARDINO Project Location—County: SAN BERNARDINO Description of project: SBMC 12.90 PROCEEDINGS FOR THE ESTABLISHMENT OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Name of Public Agency Approving Project: CITY OF SAN BERNARDINO Name of Person or Agency Carrying out Project: CITY OF SAN BERNARDINO Exempt Status: (check one) Ll Ministerial (Sec. 21080(b)(1); 15268); ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)); ❑ Emergency Project(Sec.21080(b)(4); 15269(b)(c)); ER 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: ESTABLISHMENT PROCEEDINGS FOR ASSESSMENT DISTRICT TO PROVIDE FUNDING SOURCE FOR MAINTENANCE OF LANDSCAPING Lead Agency Contact Person: LASZLO FOGASSY Area CodefTelephone/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 Signature: Date: Title: Real Property Official ® 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 CITY OF SAN BERNARDINO PROPOSED 2000 / 2001 ASSESSMENT ROLL-AD 1025 PALM AND WASHINGTON LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Assessment No. Parcel No. or Lot No. Assessment Amt. 1 0261-551-01 $197.07 2 0261-551-02 $197.07 3 0261-551-03 $197.07 4 0261-551-04 $197.07 5 0261-551-05 $197.07 6 0261-551-06 $197.07 7 0261-551-07 $197.07 8 0261-551-08 $197.07 9 0261-551-09 $197.07 10 0261-551-10 $197.07 11 0261-551-11 $197.07 12 0261-551-12 $197.07 13 0261-551-13 $197.07 14 0261-551-14 $197.07 15 0261-551-15 $197.07 16 0261-551-16 $197.07 17 0261-551-17 $197.07 18 0261-551-18 $197.07 19 0261-551-19 $197.07 20 0261-551-20 $197.07 21 0261-551-21 $197.07 22 0261-551-22 $197.07 23 0261-551-23 $197.07 24 0261-551-24 $197.07 25 0261-551-25 $197.07 26 0261-551-26 $197.07 27 0261-551-27 $197.07 28 0261-551-28 $197.07 29 0261-551-29 $197.07 30 0261-551-30 $197.07 31 0261-551-31 $197.07 32 0261-551-32 $197.07 33 0261-551-33 $197.07 34 0261-551-34 $197.07 35 0261-551-35 $197.07 36 0261-551-36 $197.07 1025 12000 EXHIBPI` "T' Page 1 of Assessment No. Parcel Na. orr Lot No. Assessment Amt. 37 0261-551-37 $197.07 38 0261-551-39 $197.07 TOTALS: 38 Parcels 57.488.66 ETCH]1111 °'S'• 1025/2000 Page 2 of CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: MICHAEL E. HAYS, Director Subject: Resolution of Intention-Palm and Washington Landscape Maintenance Dept: Development Services Assessment District---Tract No. 15743 (AD 1025). Date: February 10, 2000 File No.14.40-117 Synopsis of Previous Council Action: MCC Date: 02-22-2000 05-17-99 -- Tract No. 15743 was approved with conditions. 07-06-99 -Authorization to proceed with the formation of a landscape maintenance assessment district in the Palm and Washington area was granted. 01-24-2000-Continued to Council Meeting date of 02/07/2000 02-07-2000-Continued to Council Meeting date of 02/22/2000 Recommended Motion: ADOPT RESOLUTION Michael E. Rays Contact person: LASZLO "Les"FOGASSY Phone: 5026 Supporting data attached: Staff Report, Maps, Ward: 5 Engineer's Rep., es. FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant)and $583 (general ene t portion o costs) Source: (Acct. No.) 254-000-2301-6015 /(source for genera[bait costs un etermme (Acct. Description) Assessment District Deposits Finance: Council Notes: Agenda Item No. ✓°t-' a/aa/oo CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution of Intention—Palm and Washington Landscape Maintenance Assessment District--- Tract No. 15743 (AD 1025). BACKGROUND: On May 17, 1999, Tract No. 15743 was approved. One of the conditions of approval was the formation of an Assessment District for the maintenance of landscaping along the west side of Palm Avenue, south of Washington Avenue and along the south side of Red Sky Avenue, adjacent to the southerly boundary of the tract. This is being done to relieve the City of the costs of maintaining the landscaping and to prevent blight, since property owners usually do not maintain the areas beyond the perimeter block walls of a tract. The developer will install the landscaping and irrigation and the assessment district will provide for the ongoing maintenance. On June 21, 1999,this office received a letter of request from Verdemont Ranch,LLC, the property owner, for the formation of the Assessment District. The landscaping along Palm Avenue will consist of Palm Trees (existing plus additional trees to be planted), groundcover and vines. The landscaping along Red Sky Avenue will consist of shrubs and mulch. The irrigation system will include all necessary sprinkler heads, piping, controller valves,backflow device and controller. The installation will be carried out pursuant to the City's standards for landscape installation within an assessment district. Maintenance will be done on a weekly basis and will include trash pickup,weed control,trimming, pruning, fertilizing and repair of irrigation system as needed. Once the landscaping is accepted by the City,the maintenance will be performed by an outside contractor pursuant to the City's standards and specifications. Tract No. 15743 consists of 38 single family lots. The annual cost of maintenance,which is estimated to be $8,775.34, including incidental and administrative costs, will be spread across these 38 lots. The annual assessment per lot is estimated to be $230.93. All potential buyers will be given a disclosure statement of the assessment by the seller/developer. The developer will install the landscaping as a condition of approval for this tract An Engineer's Report has been prepared,which gives details regarding the district boundaries, proposed maintenance,method of assessment,total cost of maintenance and a proposed assessment roll and is on file in the office of the City Clerk. A District Boundary map has also been prepared and is also on file with the City Clerk. A copy of the Engineer's Report is attached. CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION Staff Report-Continued The attached Resolution declares the City's intent to form Assessment District No. 1025 and sets a public meeting date of March 20, 2000 and a public hearing date of April 17, 2000. All property owners of record within the proposed district will be sent a mailed notice, along with an Assessment Ballot, as required by Proposition 218. The results of the ballots will be presented at the close of the public hearing. Ballots are weighted in proportion to the assessment amount. The developer will still own the majority of the parcels when notices are mailed and thus a majority protest is not anticipated. On January 24, 2000,this item was continued to the February 7, 2000 Council meeting to allow staff to discuss issues with the City Attorney's office relative to the Engineer's Report. The issues discussed were the cost factors used in Table 1 of the Engineer's Report, the determination of some general benefit of the proposed landscape maintenance pursuant to the City's legal interpretation of Proposition 218 and clarification of how future increases would be handled. All of these issues were resolved and language in the Engineer's Report was modified or added to address these issues. The cost factoring is based on a cumulative average of all assessment districts and a clause was added to clarify this. To address the second issue regarding the interpretation of Proposition 218 related to general versus special benefit, we have revised the Engineer's Report under the section titled"Method of Assessment and Determination of Benefit",page 2. Consideration is now given to some general benefit aspect depending on the type of street the landscaping fronts on. The formula, as stated in the Engineer's Report,will be 15% general benefit for major arterial streets, 10%for secondary arterial street, 5%for collector streets and 0% for local streets. Applying this formula to the proposed assessment district,the general benefit amount is estimated to be $583.51 for this district and the total assessment, before interest,has been reduced by this amount, as shown in Table 1 of the Engineer's Report. The general benefit amount cannot be assessed to the district and must be paid for through some other source, such as the General Fund. A similar method of determining general versus special benefit will be utilized in future maintenance district proposals. Finally,the Consumer Price Index increase was clarified and a cap of 5% will be placed on any future increases without requiring a property owner vote. All of these modifications are reflected on the revised Engineer's Report and a copy has been attached. FINANCIAL IMPACT: Applicant has paid the $4,000 processing fee and all subsequent work carried out in the district will be assessed back to property owners. The General Benefit amount, estimated to be$583.51, will have to be paid from the City's General Fund or other source. RECOMMENDATION: Staff recommends that the attached Resolution be adopted. Location of Proposed Assessment District a �o i F e c Ke° l B 1s No Scale c° o, 0 40th St. �aa v a' ° o Marshall Blvd, � V 210 0 Highland Ave. l'm 0 vi 0 E `e Base Line St. i'n ° 9th St < 5th St. ` a Rialto Ave. a Mill St. Is o C 0 u 10 n Orange Shaw Rd. 0 VICINITY MAP CITY OF SAN BERNARDINO PROPOSED ASSESSMENT DISTRICT - DEVELOPMENTSERVICESDEPARTMENT PALM AND WASHINGTON AREA PUBLIC WORKS DIVISION LANDSCAPE MAINTENANCE Indicates un—incorporated areas ASSESSMENT DISTRICT ® within City's Sphere of Influence mill ] m4dw ®) ) @ ( ) 1 1? # G �i j. \ ~ m ) 3nN3AV W C) ] En � f z ) _ \ \ ` d P-4 . . J � / k � , \ ( \ ) | / ( | ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1025 (Palm Avenue and Washington Avenue Area Landscape Maintenance Assessment District) in the CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA ��ELt1ARD��,p 0 0 � ' z �G�DED 1N♦� File No. 14.40-117 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION Prepared February 10, 2000 District) Engineers Report—AD 1025 ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1025 FILED in the office of the City Clerk of the City of San Bernardino on the day of CITY CLERK City of San Bernardino PRELIMINARY approval by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino, State of California on the day of CITY CLERK City of San Bernardino FINAL approval by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino, State of California on the day of CITY CLERK City of San Bernardino I BEREBY CERTIFY that the foregoing assessments,together with the Diagram of Assessment District No. 1025, were approved and confirmed by the Mayor and Common Council of the City of San Bernardino. ",-runty of San Bernardino, State of California on the_day of CITY CLERK City of San Bernardino CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1025 (Palm Avenue and Washington Avenue Area Landscape Maintenance Assessment District) PETITION-- On June 21,1999, 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 along portions of Palm Avenue, South of Washington Avenue and along portions of Red Sky Avenue within Tract No. 15743. The signatures on the petition represent 100% of the property owners of the parcels within the proposed boundaries of the district. This petition was the result of a requirement placed upon the developer of Tract No. 15743 by the City to relieve the City from having to maintain the areas of landscaping. AUTHORIZATION -- On July 6, 1999,by action of the Mayor and Common Council of the City of San Bernardino, the City Engineer and City Clerk were authorized to initiate proceedings for the formation of Assessment District No. 1025 (Palm Avenue and Washington Avenue Area Landscape 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 provisions and in accordance with Resolution of Intention No. adopted by the Mayor and Common Council of the City of San Bernardino on the day of ADVANCE OFESTIMATED COSTS OFPROCEEDINGS--On August 17, 1999, pursuant to Section 12.94.030 of the Municipal Code, the developer deposited $4,000 with the City to cover the estimated cost of proceedings. At the conclusion of the proceedings and after confirmation of all costs,any amounts remaining will be returned to the developer. If actual costs are more than the deposit, then the remainder can either be paid in a lump sum by the developer or assessed against the properties involved. EASEMENTS— All landscaping to be maintained will be within the dedicated right of way, or within easements granted to the City for landscape maintenance purposes and no maintenance will be carried out on private property. DESCRIPTION OFIMPROVEMENTS--The improvements to be maintained include landscaping and all appurtenances along portions of the West side of Palm Avenue, South of Washington Avenue, portions of Washington Avenue adjacent to Lot 1 of Tract No. 15743 and along portions of the South side of Red Sky Avenue, all within Tract No. 15743. 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. 1 Engineers Report—AD 1025 DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the Assessment Boundary Map of Assessment District No. 1025 and are generally described as follows: The centerline of Washington Avenue on the North. Palm Avenue on the East, and the Southwesterly line of Tract No. 15743 on the Southwest. VICINITY MAP-- A vicinity map showing the general location of the proposed Assessment District is attached as Exhibit"1". DISTRICT BOUNDARY MAP-- 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 1121'. DISTRICT DIAGRAM --A proposed Diagram of the Assessment District has been prepared and will be filed with the City Clerk after preliminary approval of this Report and will be filed with the County Recorder and recorded in the office of the City Engineer after final approval of this Report, confirmation of the Assessment Roll and Resolution Ordering Work. A reduced copy of the Assessment District Diagram is attached as Exhibit 113". 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 N". METHOD OF ASSESSMENT AND DETERMINATION OF BENEFIT--Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties in the area is determined to be equal to the number of residential units that utilize the landscaped areas either as ingress and egress or by actual physical use of the land as in the cases of large open areas. The boundaries of the proposed district are drawn with this in mind and the Resolution of Intention delineates the specific areas of maintenance which will benefit all of the properties within the boundaries. Thus, each residential lot or unit, be it a single family lot,a condominium or an apartment will be assessed an equal share in the cost of maintenance(1 residential lot or unit= 1 Assessment Unit). The benefit received by the parcels within the boundaries of the district is determined to be of more than ordinary public benefit, thus each parcel within the district being assessed receives a special benefit from the improvements. If property not within the boundaries of a district also receives some benefit from the improvements, consideration must then be given to a general benefit given by the improvements, which may not be assessed to the parcels within the district. Since the installation and maintenance of the landscaping and establishment of an assessment district for the maintenance of the landscaping is specific and incidental to this development,it is finther determined that the improvements to be maintained by the assessment district are of special benefit to the district only and are 100%assessable to the parcels within the boundaries of the assessment district, except as follows: 1. Areas of maintenance that front on major arterial streets, as determined by the Circulation Plan of the City's General Plan, are determined to be 15%general benefit and the proportional costs thereof are not assessable to the District. 2 Engineers Report—AD 1025 2. Areas of maintenance that front on secondary arterial streets. as determined by the Circulation Plan of the City's General Plan, are determined to be 10%general benefit and the proportional costs thereof are not assessable to the District. 3. Areas of maintenance that front on collector streets, as determined by the Circulation Plan of the City's General Plan, are determined to be 5%general benefit and the proportional costs thereof are not assessable to the District. 4. Areas that front on local streets are determined to be 100%special benefit and are 100% assessable to the District. These percentages are based on the traffic circulation for the various street classifications. Palm Avenue is classified as a secondary arterial and represents 65.84% of the total areas of maintenance. Pursuant to the above determination of benefit, 10%of 65.84% of the total cost of maintenance will not be assessed to the District. The remaining area of maintenance along the southwesterly side of Red Sky Avenue, which is classified as a local street, is 100% special benefit and assessable to the District. The net cost assessable to the District is shown in Table 1. 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. Presently, no parcels within the district are publicly owned. METHOD OF FINANCING--The estimated cost of the first year's maintenance shall be assessed against 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 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 thereafter to establish a source of pre-funding each year's costs, or may be assessed for the actual contract and incidental costs plus interest. Interest will be included in the assessment costs for any amounts or portions not pre- funded through previous assessments. If there is a surplus from the estimated assessment in the event costs are pre- funded through previous assessments, any such surplus shall be applied as a credit to the following year's assessment or placed in a reserve fund to cover future increases 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, and with the same penalties and interest as in the case of taxes levied for property taxes. Table 1 sets forth the estimated costs of the first years maintenance. No Bonds will be sold relative to this Assessment District. ASSESSMENT SPREAD -- The amount of each Assessment Unit is determined by dividing the total maintenance costs, including all incidentals, by the total number of assessment units, as determined by the above Method ojAssessrnent Each parcel in the district is then assessed based upon the total number of Assessment Units calculated for that parcel. 3 Engineers Report—AD 1025 ASSESSMENT ROLL -- Presently there are 38 single family parcels within Tract No. 15743, with each parcel 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 first year's maintenance costs has been prepared for the 38 parcels within Tract No. 15743 and is shown as Exhibit «5„ 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 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 determining the assessments as described is applied. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, such reapportionments do not require the recording of an amended Diagram Map. FUTURE INCREASES-- Due to the nature of landscape maintenance, it is anticipated that there will be future increases in assessments as contract, labor, water and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Orange County-Inland Empire area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed, exceed 5%without a majority approval of property owners in the district. 4 Engineers Report—AD 1025 TABLE I ESTIMATED FIRST YEAR'S COST SUMMARY Assessment District No. 1025 (Palm and Washington Area Landscape Maintenance Assessment District) Description of Costs Quantity Unit Cost/Unit Annual Cost A Main tea an cc of Turf/ Irrigation - So Ft. 0.25 $ - 9 Maintenance of Groundcover /Shrubs/Irrigatioa 18,150 Sq.Ft. 0.25 S 4,537.50 C Maintenance of Trees / Irrigation 1 L.S. 100.00 $ 100.00 o Water and Energy Costs 18,150 S .Ft. 0.10 $ 1,815.00 E Weekly Inspection (labor,overhead) 52 Hours 25.00 $ 1,300.00 F Annual Assent. Engineering (labor+overhead) 10 Hours 30.00 $ 300.00 a Contract Adminstration (labor+overhead) IS Hours 22.00 $ 330.00 N Incidentals (materials, supplies, other costs) 1 L.S. 100.00 $ 100.00 I Outside Department Services (labor+overhead) 38 parcels 10.00 $ 380.00 J Subtotal $ 8,862.50 General Benefit Calculations: K Area of General Benefit 11,950 Sq.Ft. L Percent of Total Area (K / B) 65.84 % M Subtotal (J•L) $ 5,835.09 N General Benefit Percentage 10.00 % General Benefit Amount Not Assessable (M ' N) $ 583.51 $ (583.51) Subtotal $ 8,278.99 Estimated Interest for non-prefunded amounts* 6 Percent $ 496.74 Subtotal Adjustment (Rounding for Assessment Roll) $ (0.39) TOTAL FIRST YEAR'S ESTIMATED COSTS $ 8,775.34 NOTE: The Unit Costs in the above table are based on an accumulated average of actual costs from prior years. * Estimate based on full year's interest. Interest charged only on portions that are not pre-funded by the prior years assessments as stated above. Rate varies based on City's average earnings as stated above. ASSESSMENT 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 8,775.34:38=$230.93 perAssessment Unit per year 5 Engineers Report—AD 1025 ENGINEER'S STATEMENT This Report,together with the Assessment District Boundary Map,Assessment Diagram and Proposed Assessment Roll has been prepared and is being filed pursuant to and in compliance with Chapter 12.90 of the San Bernardino Municipal Code and also in compliance with the requirements set forth in Article XIIID of the California Constitution for the establishment of Assessment District No. 1025. 2 �lt�po Date RAYM ND A. CASEY City Engineer oQpOFESS/O,yq RDA ¢ No 1000 my P.0331-2000 si CI VI �P q�OF CALIF 6 Engineers Report—AD 1025 List of Exhibits 1. Vicinity Map..................................................... Exhibit "I 2. Reduced copy of Boundary Map....................... Exhibit "2" 2. Reduced copy of Assessment District Diagram Exhibit 113" 3. Copy of"Notice of Exemption"......................... Exhibit "4" 4. Proposed Assessment Roll (FY 2000/2001)...... Exhibit "5" 7 Location of Proposed Assessment District F e>a I s I rep t 8 I 15 °aii No Scale I Co I o aotn s;. »a � a L p Marshall Rlvd. ¢ I — a i ua I zsv 3 a' Highland Ave. I o IN vl o E Base Line St. w O I 9th st < 1 5th St. Rialto Ave. i I 5 < Mill St. °c I 0 u 210 t Orange Show Rd. .n •, 1 0 t EXHIBIT "1" I VICINITY MAP CITY OF SAN BERNARDINO PROPOSED ASSESSMENT DISTRICT - ! DEVELOPMENT SERVICES DEPARTMENT PALM AND WASHINGTON AREA PUBLIC WORKS DIVISION LANDSCAPE MAINTENANCE Indicates un—incorporated areas ASSESSMENT DISTRICT ® within City's Sphere of Influence yy a a Ef pE fN �za;s�a�Hi 81 3a�a� ITT ggUll, {tS �o zF C. 05 UZ . N o. dr,N3nv wild a a o o W 0U U ° Z _ � ~ C/] o o QZ _ rA Pi W P-1 o o U J Fes' t O gg Ov, N z� �r era O O / g m Nv l V Q 1 f l ° N � W � yN C Q C Z N C w g e a J a a EXHIBIT " 2" �• [ ! ` �� l4!| |; !. �I | h — Q �! �� 2 § §z §\/ % § \ ° :\E \ 3nN3AV W z \ ; § Q � • �. CAT ® \ E W °) CZ W \ /CA \ . ~ G . | & | m . ( ) ! . ■ | / � § � { � § | ! ! m / ! § z ) ' d § § § , EXHIBIT ' 0 NI W y WASHINGTON STREET Ina C 1 9 ab. 9 na M — � a N Ia IY Illm Ilt.,r 0 P t17 _ MMM P N 7 y �� I u e O �e � 0 _ tlp • O � i a k O IV c laa n�1 Ixa Q uU Illm N P ZD r W v ti _ � lua O z In w Q W a � R w @ L�J � Ixa Q Wlil if 3 • � k �I W Rf� SKy AV a x V1 b iP It S.vl O ^ X Cqg�£ BCFCU CRfCK CHgNNf< 3 ml O 133HS 33S ti W Z 3 N3AV VSOOIVddV c c .an nn na nn 4fn 9� C A C N 92 p N E2 A N 22 N 12 A N 02 O .un nn nn nn av mw sa an NT ft al r-1 7O H tl (@ u N 92 q_ N a R N 82 d SY Q W v 4 U N V AMTS VN3JS3 e a 0 1--1 � z k yfe vQ 1"'1 r � O 411 n'ml LR mT Z k M 2E 8 [9 f IE 8 �.�j OE Wrs Q .la ml n'ml my EE raj � mml J['m2 sc M M � W � If FI D r/ mal J4 B M 1E r o W6 co a s a rrV 1 + mml 9 C.) LE Y � n'sv 41 ' rV Y CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT NOTICE OF EXEMPTION File No. 14.40-117 FROM: CITY OF SAN BERNARDINO. PLANNING TO: OFFICE OF PLANNING AND RESEARCH AND BUILDING 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. 1025 Project Location-Specific: TRACT NO. 15743-SOUTH OF WASHINGTON STREET, WEST OF PALM AVENUE Project Location-City: SAN BERNARDINO Project Location-County: SANBERNARDINO Description of project: SBMC 12.90 PROCEEDINGS FOR THE ESTABLISHMENT OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Name of Public Agency Approving Project: CITY OF SAN BERNARDINO Name of Person or Agency Carrying out Project: CITY OF SAN BERNARDINO Exempt Status: (check one) U Ministerial (Sec. 21080(b)(1); 15266); ❑ Declared Emergency(Sec. 21080(b)(3); 15269(a)); ❑ Emergency Project(Sec.21080(b)(4); 15269(b)(c)); IR 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: ESTABLISHMENT PROCEEDINGS FOR ASSESSMENT DISTRICT TO PROVIDE FUNDING SOURCE FOR MAINTENANCE OF LANDSCAPING Lead Agency Contact Person: LASZLO FOGASSY Area Codefrelephone/Extension: (9091 384-5026 If filed by applicant: 1. Attach certified document of exemption finding. 2. Hasa notice of exemption been filed by the public agency approving the project? ❑ Yes ❑ No Signature: Date: Title: Real Property Official 12 Signed by Lead Agency Cl Signed by Applicant Date received for filing at OPR: EXHIBIT "4" PLAN10 e5/&4111 P..run,..ev CITY OF SAN BERNARDINO PROPOSED 2000 / 2001 ASSESSMENT ROLL -AD 1025 PALM AND WASHINGTON LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Assessment No. Parcel No. or Lot No. Assessment Amt. 1 0261-551-01 $230.93 2 0261-551-02 $230.93 3 0261-551-03 $230.93 4 0261-551-04 $230.93 5 0261-551-05 $230.93 6 0261-551-06 $230.93 7 0261-551-07 $230.93 8 0261-551-08 $230.93 9 0261-551-09 $230.93 10 0261-551-10 $230.93 11 0261-551-11 $230.93 12 0261-551-12 $230.93 13 0261-551-13 $230.93 14 0261-551-14 $230.93 15 0261-551-15 $230.93 16 0261-551-16 $230.93 17 0261-551-17 $230.93 18 0261-551-18 $230.93 19 0261-551-19 $230.93 20 0261-551-20 $230.93 21 0261-551-21 $230.93 22 0261-551-22 $230.93 23 0261-551-23 $230.93 24 0261-551-24 $230.93 25 0261-551-25 $230.93 26 0261-551-26 $230.93 27 0261-551-27 $230.93 28 0261-551-28 $230.93 29 0261-551-29 $230.9-1 30 0261-551-30 $230.93 31 0261-551-31 $230.93 32 0261-551-32 $230.93 33 0261-551-33 $230.93 34 0261-551-34 $230.93 35 0261-551-35 $230.93 36 0261-551-36 $230.93 1025 12000 EXHIBIT "511 Assessment No. Parcel No. or Lot No. Assessment Amt. 37 0261-551-37 $230.93 38 0261-551-38 $230.93 TOTALS: 38 Parcels $8,775.34 1025 1 2000 EXHIBIT "5" 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY 3 DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 4 LOCATED IN THE PALM AVENUE AND WASHINGTON STREET AREA WITHOUT COMPLIANCE WITH THE INVESTIGATION, LIMITATION AND MAJORITY 5 PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO ORDER 6 WORK WITHIN THE DISTRICT,TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1025; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING 7 NOTICE OF A PUBLIC MEETING AND PUBLIC 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 p po (Municipal Code Chapter 10 11 12.90)to provide for the procedure for the formation of assessment districts within the City; and 12 WHEREAS, it has now become necessary to consider the formation of a landscape 13 maintenance assessment district within the City, to be known as Assessment District No. 1025, 14 Palm Avenue and Washington Street Area Landscape Maintenance Assessment District. 15 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 16 OF SAN BERNARDINO AS FOLLOWS: 17 SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, the 18 Ma y or and Common Council of said Ci ty hereb y preliminarily find and determine that the public 19 20 convenience and necessity require and it is the intention of the Mayor and Common Council to 21 form Assessment District No. 1025,the boundaries of which are generally as follows: 22 Generally bounded on the North by the centerline of Washington Street; on the 23 East by the centerline of Palm Avenue and on the Southwest by the Southwesterly 24 boundary of Tract No. 15743. 25 26 Reference is hereby made to the Engineer's Report on file in the office of the City Clerk of said 27 City for a map of the boundaries of said district,a description of the maintenance,an estimated cost 28 of the maintenance,and a proposed assessment roll which Report and Assessment District Map are 02/10/00 1 1 RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE PALM AVENUE AND WASHINGTON STREET AREA(AD 1025) 2 3 hereby preliminarily approved. 4 SECTION 2. It is the intention of said Mayor and Common Council to order 5 improvements within the district which improvements consist of, but are not limited to, the 6 maintenance of landscaping and appurtenant facilities along portions of the West side of Palm 7 8 Avenue,the South side of Washington Avenue adjacent to Lot 1 of said Tract No. 15743 and the 9 Southwesterly side of Red Sky Avenue, all within Tract No. 15743. The estimated cost of said 10 maintenance for the first year, including incidental costs is $9,393.98. Of this amount, $583.51 is 11 determined to be a general benefit not assessable to the Assessment District, as set forth in said 12 Engineer's Report. The net assessable amount is $8,775.34. 13 14 SECTION 3. Said contemplated work and improvements is of more than local or ordinary 15 public benefit, and that said Mayor and Common Council do hereby make the expense of such 16 work and improvement chargeable upon the district, which district is hereby declared to be the 17 district benefited by said proposed work and improvement,and to be assessed to pay the cost and 18 19 expense thereof,except for the general benefit amount, as set forth in said Engineer's Report. All 20 public streets or alleys, or portions thereof, are hereby excepted from said assessment. 21 SECTION 4. The assessment benefit procedure to be followed and the amount to be 22 assessed against each particular parcel will be based upon the basis of a single residential unit being 23 one assessment unit and the percentage of costs will be assessed proportional to the percentage of 24 the total assessment units on each parcel as it relates to the total number of assessments,actual or 25 26 by formula, within the district. Reference is hereby made to said Engineer's Report, on file in the 27 office of the City Clerk of said City for full particulars and proposed assessment amount against 28 each parcel. 02/10/00 2 1 RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE PALM AVENUE AND WASHINGTON STREET AREA(AD 1025) 2 3 SECTION 5. The assessment financing alternative to be followed shall be as follows, 4 to-wit: 5 The estimated cost of the first year's maintenance, as set forth in said Engineer's report, shall be 6 assessed against the properties involved within the current fiscal year or the fiscal year following 7 8 the establishment of the district. Depending on when the costs are assessed relative to when the 9 maintenance is assumed by the City,this assessed amount can be used as a source of pre-funding 10 the first year's maintenance contract and incidental costs. Once the district has assumed the 11 responsibility for the maintenance,the properties shall be assessed each year thereafter to establish 12 a source of pre-funding each year's costs, or for the actual contract and incidental costs. If there 13 14 are surplus amounts in the event of pre-funding of costs, then such surplus may be applied as a 15 credit to the following year's assessment or retained in a reserve to offset future increases. Interest 16 will be charged on any portion of the assessments which are not pre-funded through previous 17 assessments. The interest rate shall be based upon the average rate of the City's current earnings 18 on invested funds during the period of expenditure. The assessment shall be levied, collected and 19 20 enforced in the same manner, at the same time, and with the same penalties and interest as in the 21 case of taxes levied for property taxes. Said assessments will be collected in perpetuity, or until 22 terminated by the Mayor and Common Council. Reference is made to said Engineer's Report for 23 full particulars. 24 SECTION 6. NOTICE IS HEREBY GIVEN that a public meeting will be held before the 25 26 Mayor and Common Council of the City of San Bernardino on March 20, 2000, at the hour of 27 10:00 a.m.,and that a public hearing will be held on April 17, 2000,at the hour of 10:00 a.m.,both 28 in the Council Chambers of City Hall, 300 N. "D" Street, San Bernardino, California for the 02/10/00 3 1 RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE PALM AVENUE AND WASHINGTON STREET AREA(AD 1025) 2 3 purpose of determining whether the public convenience and necessity require the formation of the 4 proposed maintenance district without compliance with the Special Assessment Investigation, 5 Limitation and Majority Protest Act of 1931 and whether the Mayor and Common Council should 6 proceed with ordering the above described improvements. At said public meeting and public 7 8 hearing, any person may appear and file objections relative to the proposed district, the proposed 9 maintenance or the costs thereof. Any person owning property within the proposed district may 10 protest against said district, the proposed maintenance or the costs thereof, by filing a written 11 protest with the City Clerk, 300 N. "D" Street, San Bernardino, California, 92418, prior to 10:00 12 a.m. April 17,2000. Each protest must be signed by the owners thereof and must contain sufficient 13 14 information to properly identify said property. No action will be taken to approve the formation 15 of the district until the conclusion of said public hearing on April 17, 2000. All property owners 16 within the proposed district will also be mailed ballots which may be used to indicate support of 17 or opposition to the proposed assessment. A majority protest shall exist if the total amount of 18 assessments shown on the ballots returned in opposition to the assessment is greater than the total 19 20 assessment amount of ballots returned in support of the assessment. All ballots must be received 21 in the Office of the City Clerk by no later than the time and date of the public hearing as stated 22 herein. 23 If by the conclusion of said public hearing on April 17, 2000, protests have been filed and 24 not withdrawn by property owners representing over 50% of the assessment units to be assessed, 25 26 or ballots returned representing over 50%of the assessment amount of the returned ballots, these 27 proceedings shall be abandoned and no assessments shall be imposed. 28 Additional information may be obtained by contacting the Department of Development 02/10/00 4 1 RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE PALM AVENUE AND WASHINGTON STREET AREA(AD 1025) 2 3 Services, Real Property Section at(909) 384-5111 or by writing to same at 300 N. "D" Street, San 4 Bernardino, California, 92418. 5 SECTION 7. A copy of this resolution and a map showing the exterior boundaries of the 6 7 proposed improvement district with relation to the territory immediately contiguous thereto and 8 to the proposed improvement will be on file with the City Clerk and will be available for 9 inspection by any person or persons interested. This map shall govern for all details as to the 10 extent of the proposed improvement district. 11 SECTION 8. The City Clerk is hereby authorized and directed to publish a copy of this 12 13 Resolution in the San Bernardino County Sun, a newspaper of general circulation published in the 14 City, and shall cause Notice to be mailed as required by Section 12.90.040C of the San Bernardino 15 Municipal Code. 16 17 18 19 20 21 22 23 24 25 26 27 28 02/10/00 5 1 RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE PALM AVENUE AND WASHINGTON STREET AREA(AD 1025) 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof 5 held on the day of 20 by the following vote, 6 to-wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 LIEN 11 MCGINNIS 12 SCHNETZ 13 14 SUAREZ 15 ANDERSON 16 MILLER 17 18 City Clerk 19 20 The foregoing resolution is hereby approved this day of 20 21 22 JUDITH VALLES, Mayor 23 City of San Bernardino 24 Approved as to form and legal content: 25 JAMES F. PENMAN, 26 City Attorney 27 By: 28 02/10/00 6 � � CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: MICHAEL E. HAYS, Director Subject: Resolution of Intention—Palm and Washington Landscape Maintenance Dept: Development Services Assessment District---Tract No. 15743 (AD 1025). Date: December 21, 1999 File No.14.40-117 Synopsis of Previous Council Action: MCC Date: 01-24-2000 05-17-99 -- Tract No. 15743 was approved. 07-06-99 —Authorization to proceed with the formation of a landscape maintenance assessment district in the Palm and Washington area was granted. Recommended Motion: ADOPT RESOLUTION Michael f:. Hays Contact person: LASZLO "Les"FOGASSY Phone: 5026 Supporting data attached: Staff Report, Maps, Ward: 5 ngmeer s Rep.,Res. FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant) Source: (Acct. No.) 254-000-2301-6015 (Acct. Description) Assessment District Deposits Finance: Council Notes: Agenda Item No. �V /Aly/A 000 CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution of Intention—Palm and Washington Landscape Maintenance Assessment District--- Tract No. 15743 (AD 1025). BACKGROUND: On May 17, 1999, Tract No. 15743 was approved. One of the conditions of approval is the formation of an Assessment District for the maintenance of Landscaping along the west side of Palm Avenue, south of Washington Avenue and along the south side of Christine Street, adjacent to the Southerly boundary of the tract. This is being done to relieve the City of the costs of maintaining the landscaping and to prevent blight since property owners usually do not maintain the areas beyond the perimeter block walls of a tract. On June 21, 1999,this office received a letter of request from Verdemont Ranch,LLC,the property owner,for the formation of the Assessment District. The applicant has paid the $4,000 processing fee. Tract No. 15743 consists of 38 single family lots. The annual cost of maintenance, which is estimated to be$9,393.98, including incidental and administrative costs, will be spread across these 38 lots. The annual assessment per lot is estimated to be $242.71. All potential buyers will be given a disclosure statement of the assessment by the seller/developer. An Engineer's Report has been prepared, which gives details regarding the district boundaries, proposed maintenance, method of assessment,total cost of maintenance and a proposed assessment roll and is on file in the office of the City Clerk. A District Boundary map has also been prepared and is also on file with the City Clerk. A copy of the Engineer's Report is has been attached. The attached Resolution declares the City's intent to form Assessment District No. 1025 and sets a public meeting date of February 22,2000 and a public hearing date of March 20,2000. As required by Proposition 218, all property owners of record within the proposed district will he sent a mailed notice, along with an Assessment Ballot. The results of the ballots will be presented at the close of the public hearing. Ballots are weighted in proportion to the Assessment amount. The developer will still own the majority of the parcels when notices are mailed and thus a majority protest is not anticipated. FINANCIAL IMPACT: None. Applicant has paid the $4,000 processing fee and all subsequent work carried out in the district will be assessed back to property owners. RECOMMENDATION: Staff recommends that the attached Resolution be adopted. Location of Proposed Assessment District F u .c k 16 15 No Scale o co. 40th St. 330 u B% o n o Marshall Blvd. a' _ u 210 ° Highland Ave. as < 0 rn o E `a Base Line St. ai 9th SI a 5th St. d Rialto Ave. a Mill St. r3 15 01 0 c 0 v 210 n Orange Show Rd. 0 VICINITY MAP CITY OF SAN BERNARDINO PROPOSED ASSESSMENT DISTRICT - DEVELOPMENTSERVICESDEPARTMENT PALM AND WASHINGTON AREA PUBLIC WORKS DIVISION LANDSCAPE MAINTENANCE indicates un—incorporated areas ASSESSMENT DISTRICT ® within City's Sphere of Influence 9 Hill | ( 1 91-5 H jhi tn ) 3nN3AV w _o 0 O \ � U \ • 7 �\\� . . . } � ` ; _ - , � ® , 2:' Q � / � � � • . � § � \ g . . . ! ! \ / ( • f ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1025 (Palm Avenue and Washington Avenue Area Landscape Maintenance Assessment District) in the CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA ARD�I,D o � Y z J .pic O. •cDU�DED 1N�0� File No. 14.40-117 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION Prepared December 21, 1999 • r 1 ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1025 FILED in the office of the City Clerk of the City of San Bernardino on the_day of CITY CLERK City of San Bernardino PRELIMINARY approval by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino, State of California on the_day of CITY CLERK City of San Bernardino FINAL approval by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino, State of California on the day of CITY CLERK City of San Bernardino I HEREBY CERTIFY that the foregoing assessments,together with the Diagram of Assessment District No. 1025, were approved and confirmed by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino, State of California on the day of CITY CLERK City of San Bernardino CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1025 (Palm Avenue and Washington Avenue Area Landscape Maintenance Assessment District) PETITION-- On June 21,1999, 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 along portions of Palm Avenue, South of Washington Avenue and along portions of Red Sky Avenue within Tract No. 15743. The signatures on the petition represent 100%of the property owners of the parcels within the proposed boundaries of the district. This petition was the result of a requirement placed upon the developer of Tract No. 15743 by the City to relieve the City from having to maintain the areas of landscaping. AUTHORIZATION -- On July 6, 1999,by action of the Mayor and Common Council of the City of San Bernardino, the City Engineer and City Clerk were authorized to initiate proceedings for the formation of Assessment District No. 1025 (Palm Avenue and Washington Avenue Area Landscape 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 provisions and in accordance with Resolution of Intention No. adopted by the Mayor and Common Council of the City of San Bernardino on the day of ADVANCE OF ESTIMATED COSTS OF PROCEEDINGS--On August 17, 1999, pursuant to Section 12.94.030 of the Municipal Code, the developer deposited $4,000 with the City to cover the estimated cost of proceedings. At the conclusion of the proceedings and after confirmation of all costs, any amounts remaining will be returned to the developer. If actual costs are more than the deposit,then the remainder can either be paid in a lump sum by the developer or assessed against the properties involved. EASEMENTS—All landscaping to be maintained will be within the dedicated right of way, or within easements granted to the City for landscape maintenance purposes and no maintenance will be carried out on private property. DESCRIPTION OF IMPROVEMENTS--The improvements to be maintained include landscaping and all appurtenances along portions of the West side of Palm Avenue, South of Washington Avenue, portions of Washington Avenue adjacent to Lot 1 of Tract No. 15743 and along portions of the South side of Red Sky Avenue, all within Tract No. 15743. 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. 1 Engineers Report—AD 1025 DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the Assessment Boundary Map of Assessment District No. 1025 and are generally described as follows: The centerline of Washington Avenue on the North, Palm Avenue on the East,and the Southwesterly line of Tract No. 15743 on the Southwest. VICINITY MAP-- A vicinity map showing the general location of the proposed Assessment District is attached as Exhibit 1. DISTRICT BOUNDARYMAP-- A proposed District Boundary Map has been prepared and is on file in the office of the City Clerk. A reduced copy of the District Boundary Map is attached as Exhibit 2. DISTRICT DIAGRAM --A proposed Diagram of the Assessment District has been prepared and will be filed with the City Clerk after preliminary approval of this Report and will be filed with County Recorder and recorded in the office of the Director of Public Works after final approval of this Report, Confirmation of the Assessment Roll and Resolution Ordering Work. A reduced copy of the Assessment District Diagram is attached as Exhibit 3. NOTICE OF 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 4. METHOD OF ASSESSMENTAND DETERMINATION OF BENEFIT--Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties in the area is determined to be equal to the number of residential units that utilize the landscaped areas either as ingress and egress or by actual physical use of the land as in the cases of large open areas. The boundaries of the proposed district are drawn with this in mind and the Resolution of Intention delineates the specific areas of maintenance which will benefit all of the properties within the boundaries.Thus, each residential lot or unit, be it a single family lot,a condominium or an apartment will be assessed an equal share in the cost of maintenance(1 residential lot or unit= 1 Assessment Unit). The benefit received by the parcels within the boundaries of the district is determined to be of more than ordinary public benefit, thus each parcel within the district being assessed receives a special benefit from the improvements. If property not within the boundaries of a district also receives some benefit from the improvements, consideration must then be given to a general benefit given by the improvements,which may not be assessed to the parcels within the district. Since the installation and maintenance of the landscaping and establishment of an assessment district for the maintenance of the landscaping is a requirement by the City for this development, it is further determined that the improvements to be maintained by the assessment district are of special benefit to the district only and are 100% assessable to the parcels within the boundaries of the assessment district. 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. Presently, no parcels within the district are publicly owned. 2 Engineers Report—AD 1025 METHOD OF FINANCING--The estimated cost of the fast year's maintenance shall be assessed against 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 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 thereafter to establish a source of pre-funding each year's costs, or may be assessed for the actual contract and incidental costs plus interest. Interest will be included in the assessment costs for any amounts or portions not pre- funded through previous assessments. If there is a surplus from the estimated assessment in the event costs are pre- funded through previous assessments, any such surplus shall be applied as a credit to the following year's assessment or placed in a reserve fund to cover future increases 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,and with the same penalties and interest as in the case of taxes levied for property taxes. Table 1 sets forth the estimated costs of the first years maintenance. No Bonds will be sold relative to this Assessment District. ASSESSMENT SPREAD -- The amount of each Assessment Unit is determined by dividing the total maintenance costs, including all incidentals,by the total number of assessment units, as determined by the above Method of Assessment Each parcel in the district is then assessed based upon the total number of Assessment Units calculated for that parcel. ASSESSMENT ROLL -- Presently there are 38 single family parcels within Tract No. 15743, with each parcel representing 1 assessment unit as described under Method of Assessment, and assessment are spread accordingly. No further subdivision of the parcels is anticipated. An Assessment Roll representing the estimated first year's maintenance costs has been prepared for the 38 parcels within Tract No. 15743 and is shown as Exhibit 5. FUTUREAPPORTIONMENTS--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 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 determining the assessments as described is applied. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, such reapportionments do not require the recording of an amended Diagram Map. FUTURE INCREASES--Due to the nature of landscape maintenance, it is anticipated that there will be future increases in assessments as contract, labor,water and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a percentage equal to the increase in the Consumer Price Index 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. 3 Engineers Report—AD 1025 TABLE 1 ESTIMATED FIRST YEAR'S COST SUMMARY Assessment District No. 1020 (Mill Street and Dallas Avenue Area Landscape Maintenance Assessment District) Lkscription of Costs Quantity Unit CostlUnit Annuzd Cost Maintenance of Turf/Irrigation - Sq.Ft. 0.25 $ - Maintenance ofGroundcover/Shrubvbiigation 18,150 Sq.Ft. 0.25 $ 4,537.50 Maintenance of Trees/Irrigation I L.S. 100.00 $ 100.00 Water and Energy Costs 18,150 Sq.Ft. 0.10 $ 1,815.00 Weekly Inspection(labor,overhead) 52 Hours 25.00 $ 1,300.00 Annual Asstnt Engineering(labor overhead) 10 Hours 30.00 $ 300.00 Contract Adminstration(labor overhead) 15 Hours 22.00 $ 330.00 Incidentals(materials,supplies, other costs) 1 L.S. 100.00 $ 100.00 Outside Department Services(labor+overhead) 38 parcels 10.00 $ 380.00 Subtotal $ 8,862.50 Estimated Interest for non-prefunded amounts* 6 Percent $ 531.75 Adjustment(Rounding for Assessment Roll) $ (0.27) ITOTAL FIRST YEAR'S ESTIMATED COSTS $ 9,393.98 * Estimate based on full year's interest. Interest charged only on portions that are not pre-funded by the prior years assessments as stated above. Rate varies based on City's average earnings as stated above. ASSESSMENT 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 9,393.98:38=$247.21 per Assessment Unit per year 4 Engineers Report—AD 1025 ENGINEER'S STATEMENT This Report,together with the Assessment District Boundary Map,Assessment Diagram and Proposed Assessment Roll has been prepared and is being filed pursuant to and in compliance with Chapter 12.90 of the San Bernardino Municipal Code and also in compliance with the requirements set forth in Article XIIID of the California Constitution for the establishment of Assessment District No. 1025. L 2 71 Date RAYM A. CASEY tl City Engineer QppfESSlq� A. Cq�Fyc W m No.CE-41880 v Exp.0331-2000 Jj. CIVIC �P OF CALIi 5 Engineers Report—AD 1015 List of Exhibits 1. Vicinity Map..................................................... Exhibit "1 2. Reduced copy of Boundary Map....................... Exhibit "2" 2. Reduced copy of Assessment District Diagram Exhibit"3" 3. Copy of"Notice of Exemption"......................... Exhibit "4" 4. Proposed Assessment Roll (FY 2000/2001)...... Exhibit 115" 6 Location of Proposed Assessment District >0 e e °/ 16 1s No Scale ar co. 40th St. 330 d A a a 0 Marshall Blvd. ¢ � _ v 210 0 239 3 (a Highland Ave. L'm 0 in o E w Base Line St. i 9th SI a 5th St. C `v Rialto Ave. v a 5 Mill SL 173 01 0 0 n 10 Orange Show Rd. n 0 VICINITY MAP EXHIBIT 1 CITY OF SAN BERNARDINO PROPOSED ASSESSMENT DISTRICT - DEVELOPMENTSERVICESDEPARTMENT PALM AND WASHINGTON AREA PUBLIC WORKS DIVISION LANDSCAPE MAINTENANCE ® indicates un—incorporated areas ASSESSMENT DISTRICT within City's Sphere of Influence !!` \ | ) k \ | § , lil q 3nN3 aW1Vd e , \ \ � ` \ � \ � � O § o f | A u . . .• / ` .mi _ / \ | � \ ( ?7/f ! ; § | �m�T2 \ ( ) F�gsg y 33 Sp 2� yl e �Ebs5 Eft §S§ € 6' 18 >O> S H u w 4G (V rN3AV WIVd z Q ¢w O O m ° 33na o O O eg to d Z 7 W � Q W > j C € a Z y 3 / 3•r was U fy r i s Q 3Y SX a i X.0 z z tY m w B U V Z rc 3 O Z m EXHIBIT 3 3 Z w O m W W �J 0 NI Lw W WASHINGTON STREET _ Ana p 1 4F nx N —� imn inn q z a Ia IY IML m W v lair Z nn q rl LJ W law lair W a a k o m LJP as + O p + C3j _ a Ql B + P + IT a ina W in.n Y J c q � o - 9S ,R CF C Cq (f CRffK C. �f( 3 9 ..4� mi 0 ml Z 133HS 33S ti W H a 3nN3AV VS00ltlddtl a a a � au nn nn nn an 9 = N /i R N E2 A N 22 A N 12 N 02 C O a�a na na nn an mn mo my ma umi rH ` Q 62 N SZ 82 0 92 q 9 S V V i4 •iw P an my .un w .us W U N a A MIS VN3JS3 ~{ 4 un N ~ = K M 2E 8 M E a ,°y OE r WQ mni nzu my Z O EE Con W 9 0 SE M r x M y W oi lwi Vl IE SC W 9c C/1 mmi 9 M LE 0 0 a a 9 M SAO Y T CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT NOTICE OF EXEMPTION File No. 14.40-117 FROM: CITY OF SAN BERNARDINO, PLANNING TO: OFFICE OF PLANNING AND RESEARCH AND BUILDING 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. 1025 Project Location-specific: TRACT NO. 15743—SOUTH OF WASHINGTON STREET,WEST OF PALM AVENUE Project Location-City: SAN BERNARDINO Project Location—County: SANBERNARDINO Description of project: SBMC 12.90 PROCEEDINGS FOR THE ESTABLISHMENT OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Name of Public Agency Approving Project: CITY OF SAN BERNARDINO Name of Person or Agency Carrying out Project: CITY OF SAN BERNARDINO Exemet Status: (check one) EJ Ministerial (Sec. 21080(b)(1); 15268); ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)); ❑ Emergency Project(Sec.21080(b)(4); 15269(b)(c)); ER 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: ESTABLISHMENT PROCEEDINGS FOR ASSESSMENT DISTRICT TO PROVIDE FUNDING SOURCE FOR MAINTENANCE OF LANDSCAPING Lead Agency Contact Person: LASZLO FOGASSY Area Codefielephone/Extension_(909) 384-5026 If filed by applicant: 1. Attach certified document of exemption finding. 2. Hasa notice of exemption been filed by the public agency approving the project? ❑ Yes ❑ No Signature: Date: Title: Real Prooerly Official Eel 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 2000 / 2001 ASSESSMENT ROLL-AD 1025 PALM AND WASHINGTON LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Assessment No. Parcel No. or Lot No. Assessment Amt. 1 01 - - $247.21 2 02 - - $247.21 3 03 - - $247.21 4 04 - - $247.21 5 05 - - $247.21 6 06 - - $247.21 7 07 - - $247.21 8 08 - - $247.21 9 09 - - $247.21 10 10 - - $247.21 11 11 - - $247.21 12 12 - - $247.21 13 13 - - $247.21 14 14 - - $247.21 15 15 - - $247.21 16 16 - - $247.21 17 17 - - $247.21 18 18 - - $247.21 19 19 - - $247.21 20 20 - - $247.21 21 21 - - $247.21 22 22 - - $247.21 23 23 - - $247.21 24 24 - - $247.21 25 25 - - $247.21 26 26 - - $247.21 27 27 - - $247.21 28 28 - - $247.21 29 29 - - $247.21 30 30 - - $247.21 31 31 - - $247.21 32 32 - - $247.21 33 33 - - $247.21 34 34 - - $247.21 35 35 - - $247.21 36 36 - - $247.21 1025 /2000 EXHIBIT "5" Page I of Assessment No. Parcel No. or Lot No. Assessment Amt. 37 37 - - $247.21 38 38 - - $247.21 TOTALS. 38 Parcels $9,393.98 1025 1 2000 EXHIBff "5" Page 2 aft