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HomeMy WebLinkAbout18 Development ServicesCITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: MICHAEL E. HAYS, Director Subject: public Hearing 10:00 AM - -- Inland Center Drive and Riverwalk Drive Area Landscape and a Sewer Dept: Development Services ORIG '� f Lift Station Maintenance Assessment District Date: November 16, 1998 L (AD1024 - Tract No. 14706). File No.: 14.40 -114 Synopsis of Previous Council Action: MCC DATE: 12/07/98 02 -16 -98 - The Acting Director of public Works and the City Clerk were authorized to proceed with the formation of Landscape and a Sewer Lift Station Maintenance Assessment District ( AD 1024 - Tract No. 14706) 10 -19 -98 - Resolution of Intention No. 98 -299 was adopted, setting a Public Meeting and Public Hearing relative to the formation of the Inland Center Drive and Riverwalk Drive Area Landscape and a Sewer Lift Station Maintenance Assessment District (AD1024 - Tract No. 14706) 11 -16 -98 - Public Meeting was held and protests carried over to the Public Hearing on December 7, 1998. Recommended Motion: That a determination of Ballots and /or protests filed, relative to the formation of the Inland Center Drive and Riverwalk Drive Area Landscape and a Sewer Lift Station Maintenance Assessment District (AD1024 - Tract No. 14706) be closed. AND Adopt Resolution (4 /5ths Vote Required) Contact Person: BERNARD CASTRO Michael . Hays Phone: 5328 Supporting data attached: Staff Report, Maps, Resolution Ward: 3 FUNDING REQUIREMENTS: Amount: $4.000 (Cost of proceedings paid for by petitioner) Source (Acct. No.) 254- 000 - 2301 -6014 (Acct. Description) Deposits Council Notes: Finance: Agenda Item No. /g CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Public Hearing 10:00 AM - -- Inland Center Drive and Riverwalk Drive Area Landscape and a Sewer Lift Station Maintenance Assessment District (AD1024 - Tract No. 14706). BACKGROUND: On January 21, 1998, we received a petition from the developer of Tract No. 14706, located in the Inland Center Drive and Riverwalk Drive area, for the establishment of a Landscape and a Sewer Lift Station Maintenance Assessment District. The formation of this Assessment District is a condition of development for this tract. There are 62 single family lots within the proposed district boundaries. The first year's assessment is estimated to be $348.72. All potential homebuyers within the district will be given a disclosure of the assessment, by the developer. The Engineer's Report, which is on file in the office of the City Clerk, and was preliminarily approved and Resolution of Intention No. 98 -299, declaring the intention to form the assessment district and setting a Public Meeting for November 16, 1998 and a Public Hearing for December 7, 1998, was adopted, October 19, 1998. Notices of the public meeting and hearing were mailed to the property owners and the Resolution of Intention was also published in the Sun newspaper. In compliance with Proposition 218, ballots were also mailed with Notices. Property owners may return the ballots, may file letters of protest, or both. Protest letters and ballots will be tallied separately. The Public Meeting was held on November 16, 1998, and any protest were carried over to the Public Hearing on December 7, 1998. At conclusion of the Public Hearing, the results of the Assessment Ballots and any protest letters will be tallied and presented and a determination made. If protest letters representing 50% or less have been filed and ballots representing over 50% support, than the formation of the district may proceed, otherwise proceedings must be abandoned. FINANCIAL IMPACT: The $4,000 paid by the petitioner will pay for all costs necessary to establish the District. Once established, the cost of maintenance of landscaping and a sewer lift station will be assessed annually to the parcels within the District. RECOMMENDATION: It is recommended that a determination of protests and ballots be made, the Public Hearing be closed and that the attached Resolution establishing the Assessment District and confirming the 1999/2000 Assessment Roll be approved. I tr i amw I X-U.y ANT DIAGRAM ASSESSMENT DISTRICT NO. 1024 INLAND CENTER DRIVE & RIVERWALK DRIVE AREA LANDSCAPE & SEWER LIFT STATION MAINTENANCE ASSESSMENT DISTRICT in the CITY OF SAN BERNARDINO COUNTY OF SAN BERNA MINO STATE OF CALIFORNIA ftw ti t1r olow of Ina cF Gat of ua My Of saa O.aars,o w _ day d lI ` IJI , r1/J 4i r l r # }iaa . MY C a My .1 Sm ftmdhw • - -� RaoadW h "w at11a of ft CRY Efttwar 4 �• —• .0 "ft —d" d 11— - ` OMRAA" $ H $ MY name 7rrr 3 F B . - Y I am q DRAWIIit} SCAL>: 1' - 2w LEGEND PROPOM A-19E39Ii1R OWWWT i0U1DAM . Mn CF TRACY 117011 SHOttM '*M - — — — — — — — ML A=SCOM -U AREAS CF UNDSCAPE YAROD A M . A WAS OF SUM trT VAUN YMfMMOM . CITY OF SAN BERNARDINO "UC WOPM DIVISION DMAND CENTER DR. & RTVffitWAIB DR. AREA 1ANDSCAPE AND SEWER UPT STATION MAINTENANCE ASSESMEN'T Dff MCT 19-m- M .0a HrAd 4 fM Ih7v a.d Carmma CWard d t.a City d Saa Samardaw a the 1.ta OKML and Psaab of l d d.an an ttrb aaaaaaP+aat .tagaR 7/a aaaaaaa�rl .aa 1aWd .� aai asaaa�naa! .lapan ana Hr ewwe�N raa .art raenNaA 4 Wa eMn d tM OS'aalar d Nratla Woom CRy ExOj of mW City .a km day d to Raffr.aoa Y t.da to the as mw_lt to r mdw Y 1M own d the Oft.cw d "Oft Mart<s/Qr [ny4w W W aaoet amazed d o" awrwr( uaaa ;" 000 pwvd of hwW awMp term =j9.mW*=davan� Aaaaaamaat dare as 1t1ad tw aw aanaa of the f• ty Meardr e! !ar Sarnaetis ORKAY, Stab d Catxarata, a Ma �•y d e1 M Oerwmmy yw+IMaa OYlrktt ao0t(��)d mod• R#*n CL Wt City Oat. CRY of Sir t1-0A DRAWING '`•c" "`a` �..r. N0. HA.T 9859A ncWrrY me * -I CF 3_ *am . . ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1024 \R, TRACT N0. 196.3 \ „i, 23 a mm M. B. 2 8 15 2 3 4 5 6 7 9 maw • Haan sar ate/ - nur J7 ® 21 , 1 � a a S. 22 21 R �� air '02 fit'' 0 O 2 \ - x — � � 4 c+� DET� JS 3 J Z 424 1 19 19 0 i 0 25 fe 18"' t Q 5 50 51 52 • { r 51 54 55 56 57 W 59 60 SI M } 53 ® SS ® 57 ® S9 as sar uT' 1 faar ar w .w aw sow sre 15 ,4 ae[au� 9= i1 A� i0M MW 00 Imw aQ JLr tin �Lar ..w DEWL $' APPROVED �Xw r— CM COMM - am OF w WNG CITY OF SAN BERNARDINO �R NO. N0. DR 9859A DR,,a,n,�,„$ AREA L VCWAM AND Sze UFT MT10N 2 a< jLkD lEKAMMA.4SBQQWTDISTRlGT �acfts 26 17 0 27 Z 16 16 s © 7 O 8 7 MFAP Io I ." � � A. J' ® 2e ,.,l' � � 14 aw 13 0 11 10 Z�91 ! 4 `� b Amraw"Wr pr t 15 : Js .moots• fJ 12 if fp 9 !€ ,30 ®2y moor � -ti- A!+t±� ' _ x, r £ R/ l/ERWALK FOR/ - —� R - — 61 OT A 50 51 52 • { r 51 54 55 56 57 W 59 60 SI M } 53 ® SS ® 57 ® S9 as sar uT' 1 faar ar w .w aw sow sre 15 ,4 ae[au� 9= i1 A� i0M MW 00 Imw aQ JLr tin �Lar ..w DEWL $' APPROVED �Xw r— CM COMM - am OF w WNG CITY OF SAN BERNARDINO �R NO. N0. DR 9859A DR,,a,n,�,„$ AREA L VCWAM AND Sze UFT MT10N 2 a< jLkD lEKAMMA.4SBQQWTDISTRlGT �acfts ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1024 T R A C T NO. 1 9 6 3 M. B. 2 8 15 2 1, jo � 2 3 �9 � _ AiaY nrsr Raw 37 37 4 3 47 39 jy i ' C' I ® 23 ss s so M u �i' m O n 41 *1 ?t 34 I3 42 *2 Lai i4 25 33 33 *2 62 43 +3 Amw wl ..•r cs.rl cor e I _ — _ K _ DR /V - .an.. mw h weir- — - —4 — '� - 32 27 7R-11f aor 31 31 2e a �® 29 Q PCC 2 PCL 3 4Sr ad 37 ...r r s r RI j% ~RW, h+ 46 ti DR/ t/E 2 35 47 47 48 O So I9 51 K 49 3� �� Md aw wW4" AKU.W APPROVU 193E an GOMM - an OF CITY OF SAN BERNARDINO DR NO. PUBLIC WORKS DIVISION 9859A uua m awm DR. & RrvmwALY m AREA am a LANDS Am AND SBWSRLIFTSTAnoN DRAWIIdf3 9CAtE 1. 30 UA ?rE ANCE ASSBSI W DISTRICT 3._aH¢n CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: MICHAEL E. HAYS, Director Subject: Public Meeting 10:00 AM - -- Inland Center Drive and Riverwalk Drive Area Landscape and a Sewer Dept: Development Services ORIGINAL Lift Station Maintenance Assessment District t No. 14706 Date: October 26, 1998 (AD 1024 —Tract ) File No.: 14.40 -114 Synopsis of Previous Council Action: MCC DATE: 11/16/98 02 -16 -98 — The Acting Director of Public Works and the City Clerk were authorized to proceed with the formation of Landscape and a Sewer Lift Station Maintenance Assessment District ( AD 1024 — Tract No. 14706) 10 -19 -98 — Resolution of Intention No. 98 -299 was adopted, setting a Public Meeting and Public Hearing relative to the formation of the Inland Center Drive and Riverwalk Drive Area Landscape and a Sewer Lift Station Maintenance Assessment District (AD 1024 — Tract No. 14706) Recommended Motion: That the Public Meeting relative to the formation Inland Center Drive and Riverwalk Drive Area Landscape and a Sewer Lift Station Maintenance Assessment District (AD 1024 — Tract No. 14706), be closed and protests, if any, be carried over to the Public Hearing on December 7, 1998, 10:00 AM. Contact Person: BERNARD CASTRO Phone: Supporting data attached: Staff Report, Map Ward: 1 Michael E a 5328 3 FUNDING REQUIREMENTS: Amount: $4,000 (Cost of proceedings paid for by petitioner) Source (Acct. No.) 54- 000 - ?.301 -6014 (Acct. Description) Council Notes: Agenda Item No. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Public Meeting 10:00 AM - -- Inland Center Drive and Riverwalk Drive Area Landscape and a Sewer Lift Station Maintenance Assessment District (AD 1024 — Tract No. 14706) BACKGROUND: On January 21, 1998, we received a petition from the developer of Tract No. 14706, located in the Inland Center Drive and Riverwalk Drive area, for the establishment of a Landscape and a Sewer Lift Station Maintenance Assessment District. The formation of this Assessment District is a condition of development for this tract. There are 62 single family lots within the proposed district boundaries. The first year's assessment is estimated to be $348.72. All potential homebuyers within the district will be given a disclosure of the assessment, by the developer. Part of the formation proceedings includes the preparation of an Engineer's Report, which will have details regarding the improvements, method of determining benefit and assessment amounts. A copy of the Engineer's Report is on file in the office of the City Clerk, and was preliminarily approved on October 19, 1998. Resolution of Intention No. 98 -299, declaring the intention to form the assessment district and setting a Public Meeting for November 16, 1998 and a Public Hearing for December 7, 1998, was adopted October 19, 1998. Notices of the public meeting and hearing were mailed to the property owners and the Resolution of Intention was also published in the Sun newspaper. In compliance with Proposition 218, ballots were also mailed with Notices. Property owners may return the ballots, may file letters of protest, or both. Protest letters and ballots will be tallied separately. The ballots and protest letters will be tallied at the conclusion of the Public Hearing on December 7, 1998. Ballots will be weighted by the assessment amount for each respective parcel. Since the petitioner still owns all, of the properties involved, we do not anticipate a majority protest. FINANCIAL IMPACT: The $4,000 paid by the petitioner will pay for all costs necessary to establish the District. Once established, the cost of maintenance of landscaping and a sewer lift station will be assessed annually to the parcels within the District. RECOMMENDATION: It is recommended the Public Meeting be closed and protests, if any, be carried over to the Public Hearing on December 7, 1998, 10:00 AM. 1 i Z"rraFrstns ASSESSMENT BOUNDARY MAP ASSESSMENT DISTRICT NO. 1024 INLAND CENTER DRIVE & RIVERWALK DRIVE AREA LANDSCAPE & SEWER LIFT STATION MAINTENANCE ASSESSMENT DISTRICT in the CTTY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALXFORNIA at Ar 2 �f lr M n � W —a v .s h['�'14C,t iK A Y b U z TRACT Na 1 9 6 J AI ?9/S , f J I ♦ t � I r , \\ '�� O A b r r *Ar oof 7- jo A i s u r iw a r » \\ r J ,7 y n N y, w r 7 a ar i4 >1 r4 lJ rf !I b 21 A ANDMONR 3w --T7-r e ^ x w t7 Y q S !1 Y 17 SI g ! " . 50 p v H � O � 1 (7 DRAWIIdCi 4CAL : V- 100' VICINITY MAP LEGEND r �+'rf' erf/y wA w rnw r >•�/ w af90Cr !O./WKi !OM "J& f4�w1 �i� ./ Nwwnwf OMtAf LhM OF Ram 147% !1001 1{.'! - — — — — - "e COOL d w Qd !w }w Il'r4 d Q r C1sy am - y war CL1..c0 d W pr .r sw i...�...r • w,wt �wr �_ � ��1we0y y w. war � w..sa..r w OwOfr w..w �1 a*+ om0m1 - a. 0r CITY OF SAN BERNARDINO -mo aA " C r40a 0-w °ry Oi" PUBLIC WORK$ DN1" N O. N0' rs" a. w all a, of o7r o.+ a w oy '"' `"'" " "'' a1a AKDCM?=DR & RNERWAU DR. 9859 AREA L.OSCAPE AND SEWER LIFT STA'I N — ,aoa awar MAMENAISM ASSESbUNT DEMICT _ 1 cry o.+ sa, � a: sacs ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1024 T R A C T N 0. 1 9 6 3 S ,r \2J M. S. 28/52 \ J 5 6 7 9 -i}- �+rs r aar Ar.r 37 ® I 21 — Y2 ; 21 i 4 J6 3 ! 4 ® O 2 x — c� car- s `fit JCS O �Q 19 �► ti6 ` — 24 I 79 00 3+ O25 fe 18 4a ji ® 2s 17 17 O J2— HLW 6 7 0 0 27 16 CZ) 7 8 -&Ar � A. � 4 Q 2 ( a 0 14 L3 O Il 10 C %i ; 15 14 /J 12 rl 70 9 Jo 29 oasur XW Y raar ® f- AS Q 40 �41r' _ RI VERWALK DRIVE _ R '" 61 07 A A ALW �i 50 51 ST 54 55 56 57 58 s 52 s A"+: 60 ss ® 57 ® S9 a.r `�`.t, rr ... rr ..r ..r ..r mar N �� 1/fIl111' 1�J} �r .wny 15 1! ae[�cr aW ALM IIOif tat' AMW o wsiu sr xw sX rrfw' p6rAt '9' mmw KoaptiED t98 m— cn oomt - an a wt CIT Y OF SAN BERNARDINO DRNO . PUBM WOFM DN TS*N 98 PdAN D C EN'M DR & RIVERWALg DR. Srua P - W AREA LANDscAm AND suwn LIFT STATION sEn Z d D+fA2nTNAl CP- ASM3%0Wr DL nucr �3_yQa I� l_ 0 i Q 1Z J ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1024 rRAC7 NO. 1963 M. B. 2 8 / 5 2 1, w G` 1, 1 main M. B. 1 /4 J . abw ANFIr . AILAr ss J' ® Ali I J7 O 47 39 m � I p I ® 2J s6 , ti 45 41 41 4 44 101 t 42 42 W J4 25 - 4J Q 26 42 v] ors ® 4J I _ k J2 32 27 dr ' 2e J1 31 rcor c.1 PARM 1 -'� 15 Pa 2 I s Pa J Aw mw ..oa.A@VW u. 37 M. 9. 1 4J J6 i 35 � J4 JJ 45 45 i X® 29 mmuAr �RWvK k� 46 DRI Vf mr 47 48 a so 51 47 , ® 49 q DRAM 90 ' t M COPY i l l RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BI 3 1 DETERMINING THE EXISTENCE OF LESS THAN A BALLOTS REPRESENTING AFFIRMATIVE VO' 4 OPPOSITION TO THE PROPOSED ASSESSMENT I 5 THAT THE PUBLIC CONVENIENCE AND Is MAINTENANCE OF LANDSCAPING AND A SEWER 6 OF INLAND CENTER DRIVE AND RIVERWALK DR ENGINEER'S REPORT, CREATING AN ASSESSMEI! 7 COSTS OF SAID MAINTENANCE, KNOWN AS ASSE 8 ORDERING THE WORK, CONFIRMING THE 1999 -2+ DETERMINING THAT THE SPECIAL ASSESSM 911 LIMITATION ACT OF 1931 SHALL NOT APPLY. NARDINO FINDING AND AJORI'TY PROTEST, THAT' ;S GREATER THAN IN VE BEEN RECEIVED AND �ESSITY REQUIRE THE ET STATION IN THE AREA E, APPROVING THE FINAL DISTRICT TO COVER THE PMENT DISTRICT NO. 10249 ) ASSESSMENT ROLL, AND [T. INVESTIGATION AND loll WHEREAS, pursuant to Chapter 12.90 of the San l Bernardino Municipal Code, the 1111 Mayor and Common Council of the City of San Bernardin 12 public interest, convenience, and necessity require the mair 13 14 of the City, as more fully hereinafter described, and the apps 15 incidental costs and expenses in connection therewith, that 16 lands tc be assessed will be able to carry the burden of the p 17 and expenses thereof; and 18 WHEREAS, on October 19, 1998, the Mayor and 19 20 Bernardino preliminarily approved the Engineer's Report rt have preliminarily found that the of landscaping in a portion and appurtenant work and project is feasible, and that the assessments to pay the costs Council of the City of San to the formation of Assessment 2111 District No. 1024, which is on file in the office of the City �'lerk, and adopted Resolution No. 22 98 -299 entitled: 23 "RESOLUTION OF THE CITY OF SAN 1 24, DETERMINING THAT THE PUBLIC CONVENIENCE FORMATION OF A LANDSCAPE AND SEWER I 25 ASSESSMENT DISTRICT LOCATED IN THE IP 26 RIVERWALK DRIVE AREA; DECLARING ITS INTEI WORK WITHIN THE DISTRICT, TO BE KNOWN AS F 27 PRELIMINARILY APPROVING THE ENGINEER'S R A PUBLIC MEETING AND PUBLIC HEARING." 28 which said resolution duly and legally was published and 11/30/98 1 NARDINO PRELIMINARILY ID NECESSITY REQUIRE THE t STATION MAINTENANCE ►ND CENTER DRIVE AND ON TO PROCEED TO ORDER ::SSMENT DISTRICT NO. 1024, )RT AND GIVING NOTICE OF given of a Public Meeting and Ile 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 171 18 19 20' 21 22 23 24 25 26 2'j 2F RESOLUTION FINDING LESS THAN A MAJORITY PROTEST, AND ORDERING WORK AND APPROVING 1999 -2000 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT 1024 (INLAND CENTER AND RIVERWALK AREA LANDSCAPE AND SEWER LIFT STATION MAINTENANCE ASSESSMENT DISTRICT) a Public Hearing in the manner required by law, and pursuant to Section 4 of Article XIIID of the California Constitution, all property owners given notice were also given a Assessment Ballot to indicate support or opposition to the proposed assessment, and written objections and protests, if any, to the formation of the proposed district, the work to be done or the extent of the district to be assessed were heard and considered; and WHEREAS, a Diagram of the Assessment District has been prepared and is on file on the office of the City Clerk; and WHEREAS, an Assessment Roll has been prepared totaling $23.015.52 which sets forth the individual assessments to be levied on each of the parcels of land within Assessment District No. 1.024 for the fiscal year 1999 -2000, as set forth in the Engineer's Report, as now submitted, on file in the office of the City Clerk, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That a Public Meeting having been held on November 16, 1998 and a Public Hearing having been held on December 7, 1998, the Mayor and Common Council, having heard and considered any and all comments received thereon and being fully advised in the premises, hereby determine that any and all protests received represent less than a Majority Protest, as represented by the assessment units assessable on the properties represented by said protests. SECTION 2. That ballots having been received and considered, it is hereby determined that the total sum of the assessment amounts in support of the proposed assessment represents more than the total sum of assessment amounts in opposition to the proposed assessment. SECTION 3. That it is hereby determined that all properties, parcels and lots within the 11/30/98 ■ RESOLUTION FINDING LESS THAN A MAJORITY PROTEST, AND ORDERING WORK AND APPROVING 1999 -2000 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT 1024 (INLAND CENTER ' 1 AND RIVERWALK AREA LANDSCAPE AND SEWER LIFT STATION MAINTENANCE ASSESSMENT DISTRICT) 2 boundaries of the Assessment District receive a local and direct benefit for the works of 3 4 improvement as proposed for said Assessment District and it is hereby further determined and 5 declared that all assessable costs and expenses have been apportioned and spread over the 611 properties within the boundaries of the Assessment District in direct proportion to the benefits 7 received thereby. 8 SECTION 4. That the public convenience and necessity require the proposed. 9 maintenance and the Mayor and Common Council hereby order, by an affirmative vote of not 10 11 less than 4 /5ths of its members present and voting, the formation of Assessment District No. 121 1024, along with the work and appurtenances described in said Resolution No. 98 -299 and said 1311 Engineer's Report as herein approved and that the Special Assessment, Investigation, Limitation 14 and Majority Protest Act of 1931 shall not apply. 15 SECTION 5. That the Engineer's Report relative to the formation of Assessment District 16 171! No. 1024, as now submitted, together with a Diagram of the Assessment District, both on file 1811 in the office of the City Clerk, are hereby accepted and approved and that said Engineer's Report 1911 shall stand as the Report for all future proceedings for this Assessment District. 20 SECTION 6. That the Mayor and Common Council do hereby find and determine that 21 22 the proportionate costs to be levied against the parcels of land within Assessment District No. 23 1024 are correctly set forth on Assessment Roll No. 1024 for the fiscal year 1999 -2000, as set 24 forth in said Engineer's Report, as now approved, and on file in the office of the City Clerk of 25 the City of San Bernardino, and do hereby confirm said assessments. 26 SECTION 7. That the City Clerk is directed to cause a copy of this Resolution to be 27 transmitted to the office of the Auditor - Controller for the County of San Bernardino with the 28 request that the individual assessments be placed on the subject 1999 -2000 property tax bills for 11/30/98 3 M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 24 2Z 2( Z 2a RESOLUTION FINDING LESS THAN A MAJORITY PROTEST, AND ORDERING WORK AND APPROVING 1999 -2000 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT 1024 (INLAND CENTER AND RIVERWALK AREA LANDSCAPE AND SEWER LIFT STATION MAINTENANCE ASSESSMENT DISTRICT) collection together with all other property taxes. SECTION 8. The City Clerk hereby is directed to post a Notice for five days on or near the door of the Council Chambers of the City Hall inviting sealed proposals or bids when necessary for doing the work ordered and referring to the specifications on file and to publish a Notice Inviting such proposals for at least two days in the San Bernardino Sun, a newspaper published and circulated in said City. SECTION 9 The contract will be awarded pursuant to the standard procedures used by the City in the award of Public Works contracts and the work ordered hereunder shall be to the satisfaction of the City Engineer of said City, and all of said work shall be done under his direction and shall comply with the specifications prepared by him, and upon the completion of said work, the City Engineer shall, and he hereby is directed to make the assessment. SECTION 10. Reference hereby is made to said Resolution No. 98 -299 and said Engineer's Report for a description of the work, the extent of the assessment district, the financing alternatives and for further particulars. IIl 11/30/98 4 . 1 2 3 4 5 6 7' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ( 27 28 RESOLUTION FINDING LESS THAN A MAJORITY PROTEST, AND ORDERING WORK AND APPROVING 1999 -2000 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT 1024 (INLAND CENTER AND RIVERWALK AREA LANDSCAPE AND SEWER LIFT STATION MAINTENANCE ASSESSMENT DISTRICT) I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on the day of , 19 , by the following vote, to -wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN (VACANT) SCHNETZ DEVLIN ANDERSON MILLER City Clerk The foregoing resolution is hereby approved this day of 19 Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: ? . pczv n� 11/30/98 JUDITH VALLES, Mayor City of San Bernardino 5 1 1 RESOLUTION NO. 2 . RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND 3 DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT BALLOTS REPRESENTING AFFIRMATIVE VOTES GREATER THAN IN 4 OPPOSITION TO THE PROPOSED ASSESSMENT HAVE BEEN RECEIVED AND THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE 5 MAINTENANCE OF LANDSCAPING AND A SEWER LIFT STATION IN THE AREA 6 OF INLAND CENTER DRIVE AND RIVERWALK DRIVE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE 7 COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1024, ORDERING THE WORK, CONFIRMING THE 1999 -2000 ASSESSMENT ROLL, AND 8 DETERMINING THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND 9 LIMITATION ACT OF 1931 SHALL NOT APPLY. 10 WHEREAS, pursuant to Chapter 12.90 of the San Bernardino Municipal Code, the 11 Mayor and Common Council of the City of San Bernardino have preliminarily found that the 12 public interest, convenience, and necessity require the maintenance of landscaping in a portion 13 of the City, as more fully hereinafter described, and the appurtenances and appurtenant work and 14 15 incidental costs and expenses in connection therewith, that the project is feasible, and that the 16 lands to be assessed will be able to carry the burden of the proposed assessments to pay the costs 17 and expenses thereof; and 13 WHEREAS, on October 19, 1998, the Mayor and Common Council of the City of San 19 Bernardino preliminarily approved the Engineer's Report relative to the formation of Assessment 20 21 District No. 1024, which is on file in the office of the City Clerk, and adopted Resolution No. 22 ' 98 -299 entitled: 23 "RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY 24 DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE AND SEWER LIFT STATION MAINTENANCE 25 ASSESSMENT DISTRICT LOCATED IN THE INLAND CENTER DRIVE AND RIVERWALK DRIVE AREA; DECLARING ITS INTENTION TO PROCEED TO ORDER 26 WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1024, 27 PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC HEARING. " 28 which said resolution duly and legally was published and notice given of a Public'Meeting and CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE OR / GO DATE: December 7, 1998 TO: Mayor and Common Council FROM: Rachel Clark, City Clerk "_C SUBJECT: Public Hearing on Inland Center Drive and Riverwalk Drive — Landscape Sewer Lift Station Maintenance Assessment District 1024 We are in receipt of 65 ballots voted in favor Assessment District 1024, received from James D. Fahs, Jr., President, JMS Riverwalk, LLC. Attached is a list of parcels in Assessment District 1024. If you have any questions, please do not hesitate to call Eileen Gomez at 5102.. Thank you. Rachel Clark City Clerk RC :ecg i BERj� j�T ,� � 7� � T � h�1J11V 0 300 NORTH "D" STREET, SAN BERNARDINO, CALIFORNIA 92418 NOTICE OF PUBLIC MEETING, PUBLIC HEARING AND ASSESSMENT BALLOT PROCEDURE On October 19, 1998, the Mayor and Common Council of the City of San Bernardino adopted Resolution of Intention No. 98 -299 , declaring the intention to form an assessment district pursuant to Chapter 12.90 of the San Bernardino Municipal Code, to finance the cost of landscape and sewer lift station maintenance within the Inland Center Drive and Riverwalk Drive area in said City, to be maintained in the following manner: The maintenance of all landscaping, appurtenances and related facilities along portions of the North side of Riverwalk Drive, along portions of the East side of Inland Center Drive and Scenic Drive and a sewer lift station on Lot A within the boundaries of Tentative Tract No. 14706, as described in said Resolution of Intention, including incidental and administrative costs. The total estimated cost of the proposed maintenance is 523,015.52 for the first year. The Engineer's Report, which is on file in the office of the City Clerk, 300 N. "D" Street, San Bernardino, CA 92418, gives detail as to the improvements to be maintained, the method of financing, the method of spreading the assessment and also shows the assessment proposed for each parcel within the boundaries of the proposed assessment district. The individual assessment(s) for your parcel(s) are shown on the enclosed ballot(s). Assessments are calculated on an Assessment Unit basis, with a single family parcel being one Assessment Unit. Other types of land uses (multifamily, commercial, vacant, etc.) each receive a proportionate amount of Assessment Units, as defined in the Engineer's Report. The assessment units for your parcel(s) are also shown on the enclosed ballot(s). The assessment is proposed to run in perpetuity. Any person wishing to be heard relative to the proposed district or maintenance may appear before the Mayor and Common Council of said City at a Public Meeting on November 16, 1998 or at a Public Hearing on December 7, 1998, both at the hour of 10:00 a.m. in the Council Chambers, City Hall, 300 North "D" Street, in said City and show cause why the district and improvements should not be formed and carried out in accordance with said Resolution of Intention. At any time not later than the hour of 10:00 a.m. on December 7, 1998, any owner of property liable to be assessed for said improvement may make written protest against the proposed improvement or against the extent of the district to be assessed, or both. Such protest must be in writing and must contain a description of the property in which each signer representing. ffi sucient to identify the same (e.g. property address, parcel number, etc.), and must be flied with the City Clerk, City of San Bernardino, at the address shown above, by the time and date of the public hearing. If protests are filed and not withdrawn by the conclusion of said public hearing by property owners representing more than 50% of the total assessment units as defined in said Resolution of Intention and said Engineer's Report, the proceedings must be abandoned. Also included with this Notice is a ballot, which may be used to indicate support of, or opposition to, the proposed assessment. Please fill out and mark the ballot neatly and completely. All ballots must received in the office of the City Clerk, at the address shown above, by the time and date of the public hearing. At the conclusion of the hearing, the ballots will be tallied. If the total of the assessment amounts in opposition are more than 50% of the total assessment amounts in support, no assessment will be imposed and proceedings to form the proposed assessment district will be terminated. In the event that the assessments are not approved by the property owners, no other funding source has been identified for the proposed maintenance of the landscaping described above. Please refer to the Resolution of Intention and the Engineer's Report for further particulars. If any further information is required, please contact Bernard Castro in the Real Property Section of the Department of Development Services, City Hall, 300 North "D" Street, San Bernardino, California 92418 in writing or by telephone at (909) 384-5111. RACHEL CLARK J City Clerk of the City of San Bernardino Dated: 09/30/98 1024 11999 EXHIBIT "41' Page i of CITY OF SAN BERNARDINO PROPOSED 1999 / 2000 ASSESSMENT ROLL - AD 1024 INLAND CENTER DRIVE AND RIVERWALK DR LANDSCAPE/ SEWER LIFT STATION MAINTENANCE Assessment No. Parcel No. Assessment Amt. 1 0141 - 541 -01 $348.72 2 0141 - 541 -02 $348.72 3 0141- 541 -03 $348.72 4 0141 - 541 -04 5348.72 5 0141- 541 -05 5348.72 6 0141- 541 -06 5348.72 7 0141- 541 -07 $348.72 8 0141 - 541 -08 $348.72 9 0141 - 541 -09 $348.72 10 0141- 541 -10 $348.72 11 0141- 541 -11 $348.72 12 0141 - 541 -12 $348.72 13 0141 - 541 -13 $348.72 14 0141 - 541 -14 $348.72 15 0141 - 541 -15 $348.72 16 0141 - 541 -16 $348.72 17 0141- 541 -17 $348.72 18 0141 - 541 -18 $348.72 19 0141 - 541 -19 $348.72 20 0141 - 541 -20 $348.72 21 0141- 541 -21 $348.72 22 0141- 541 -22 $348.72 23 0141 - 541 -23 $348.72 24 0141 - 541 -24 $348.72 25 0141- 541 -25 $348.72 26 0141 - 541 -26 $348.72 27 0141 - 541 -27 $348.72 28 0141- 541 -28 $348.72 29 0141- 541 -29 $348.72 30 0141 - 541 -30 $348.72 31 0141 - 541 -31 $348.72 32 0141 - 541 -32 $348.72 33 0141- 541 -33 $348.72 34 0141- 541 -34 $348.72 35 0141- 541 -35 $348.72 36 0141 - 541 -36 $348.72 37 0141 - 541 -37 $348.72 38 0141- 541 -38 $348.72 1024 11999 EXHIBIT "41' Page i of Assessment No. Parcel No. Assessment Amt. 39 0141 - 541 -39 $348.72 40 0141- 541-40 $348.72 41 0141 - 541-41 $348.72 42 0141 - 541 -42 $348.72 43 0141 - 54143 $348.72 44 0141 - 541 -44 $348.72 45 0141 - 541-45 $348.72 46 0141 - 541 -46 $348.72 47 0141- 541 -47 $348.72 48 0141- 541 -48 $348.72 49 0141 - 541 -49 $348.72 50 0141 - 541 -50 $348.72 51 0141- 541 -51 $348.72 52 0141 - 541 -52 $348.72 53 0141 - 541 -53 $348.72 54 0141- 541 -54 $348.72 55 0141- 541 -55 $348.72 56 0141- 541 -56 $348.72 57 0141 - 541 -57 $348.72 58 0141- 541 -58 $348.72 59 0141 - 541 -59 $348.72 60 0141 - 541 -60 $348.72 61 0141- 541 -61 $0.00 62 0141- 541 -62 $0.00 63 0141 - 541 -64 $1,394.88 64 0141 - 541 -65 $348.72 65 0141- 541 -66 $348.72 TOTALS: 65 Parcels $23,015.52 1024 11999 EXHIBIT "4" Page 2 of 2