HomeMy WebLinkAbout13-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Subject: Resolution of Intention --- Palm
Avenue and Verdemont Drive Assessment
Development Services District No. 1032 (Tract No. 14352).
ORIGINAL
File No. 14.40-123
MCC Date: 09-20-2004
Dept:
Date: August 25, 2004
Synopsis of Previous Council Action:
10/20/2003 - Tract No. 14352 was approved, with conditions.
09-07-2004 - Authorization was given to proceed with the formation of the Palm Avenue and
Verdemont Drive area Landscape Maintenance Assessment District No. 1032
Recommended Motion:
Adopt Resolution
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Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Maps,
Eng. Rep. Resolution
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees to be paid by applicant)
Ward:
5
Source: (Acct. No.) 254-000-2301-6019
(Acct. Description) Assessment District Deposits
Finance:
Council Notes:
R-t-So -ft "Z.tM- ZC(3
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of Intention --- Palm Avenue and Verdemont Drive Assessment District No. 1032
(Tract No. 14352).
BACKGROUND:
On September 7, 2004, authorization was given to proceed with the formation of a landscape
maintenance assessment district within Tract No. 14352, located at the northeasterly comer of
Palm A venue and Verdemont Drive. The District is being formed as a condition of approval for
this tract, and pursuant to a petition field by Harwood Homes, the developer of this tract. The
areas to be maintained include the slopes along the northerly line ofVerdemont Drive, within the
tract. The developer has also paid the required formation fee of$4,000.00
Tract No. 14352 consists of 65 single family lots. The annual cost of maintenance and
incidentals will be spread across these 65 lots. Part of the formation proceedings includes the
preparation of an Engineer's Report, a copy of which is attached for your review. As stated in
the Engineer's Report, the annual assessment for each single family lot within the District is
estimated to be $142. The Report also contains additional information including the method of
determining benefit and the method of assessment spread. None of the maintenance is deemed to
be general benefit and the entire maintenance costs, plus incidentals, will be assessed to the
District.
The attached Resolution of Intention preliminarily approves the Engineer's Report and sets a
public meeting for November I, 2004 and a public hearing for November 15, 2004. All owners
of record will be given mailed notice relative to the public meeting and hearing and will also be
sent an assessment ballot, to indicate their support or opposition to the formation of the
Assessment District. Since all of the properties are currently under one ownership, no protests
are anticipated. Future homeowners will purchase the homes subject to the assessment district.
All potential home buyers will be given a disclosure notice by the developer, advising them of
the existence of an assessment district and the proposed annual cost.
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:
Adopt Resolution.
LOCA TION OF
PROPOSED ASSESSMENT
DISTRICT NO. 1032
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1032 -
Palm Avenue and Verdemont Drive
(Tract No. 14352)
Created by: Date: 1/./1/'1
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ASSESSMENT BOUNDARY
ASSESSMENT DISTRICT NO. 1032
PALM AVENUE AND VERDEMONT DRIVE
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO
LOCATION OF
ASSESSMENT D1STRICf
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Engineer's Report-AD 1032
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS /ENGINEERING DIVISION
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1032
(Palm Avenue and Verdemont Drive Landscape Maintenance Assessment District)
PETITION -- On August 14, 2003, 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 oflandscaping along portions of the north side ofVerdemont Drive within Tract No. 14352. 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. 14352 by the City
to relieve the City from having to maintain the areas oflandscaping.
AUTHORIZATION -- On September 7, 2004, by action of the Mayor and Common Council of the
City of San Bernardino, the Director of Development Services and City Clerk were authorized to initiate
proceedings for the formation of Assessment District No. 1032 (Palm Avenue and 1rvington Drive 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 14, 2003, 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 and/or within
landscape maintenance easements 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 north side of Verdemont Drive, easterly of Palm A venue, within Tract No.
14352.
PLANS ANDSPECIFICATIONS --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.
Engineer's Report - AD 1032
DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the
Assessment Boundary Map of Assessment District No. 1032 and are generally described as follows: The centerline
of Verdemont Drive on the south; the centerline of Palm A venue to the west; and the northerly and easterly lines
of Tract No. 14352 to the north and east, respectively.
VICINITY MAP -- A vicinity map showing the general location of the proposed Assessment District is
attached as Exhibit "I".
DISTRICT BOUNDAR Y 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 "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 oflarge 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 (I residential lot or
unit = I 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 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:
I. Areas of maintenance that front on maior 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
Engineer's Report - AD 1032
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 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.
Verdemont Drive is classified as a local street, and represents 100% of the total area to be maintained;
thus 100% of the total cost of maintenance will be assessed to the 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. There are no publicly
owned parcels within the boundaries of the District.
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. Ifthere 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 I sets forth the
estimated costs of the first year's 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 65 single family parcels within Tract No. 14352, with each
parcel representing I assessment unit as described under Method of Assessment, and assessments are spread
Engineer's Report - AD 1032
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 65 parcels within Tract No. 14352 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 oflandscape 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.
Engineer's Report-AD 1032
TABLE 1
ESTIMATED FIRST YEAR'S COST SUMMARY
Assessment District No. 1032
(PalmAvenue and Verdemont Drive Landscape Maintenance Assessment District))
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D e...cripliun of C os/s . o IIQIf tilll Unll Cut/U"it Annllal Cosl
M aia ten.. tc of T. rf Ilrrilu tion . Sa.FI. . $ .
M .i. tena D ce Q r G rag n d cover IS b fa bsllrri ation 21,280 S. .FI. 0.20 $ 4,256.00
TOTAL AREA OF MAINTENANCE CA+BI 21,280 5o.Ft. . .
M ai. ten.. ce of T reu I hrl ation I L.S. 500.00 $ 500.00
Water and [aerRv Co.t. 21,280 8o.Ft. 0.10 $ 2 128.00
Weekly In.pcctloa (Iabor,overhead I fTotal Annual H rsl 26 Hours 30.00 $ 780.00
AnnuaIAUID..E. iaeerla.llabor+overhead 5 Hours 33.00 $ 165.00
CODtract Adlai..tntioa Oabor+overbeadl 15 Hours 22.00 $ 330.00
helden.." {1II'terlall,.. Ilu, otl.er co... I L.S. . 100.00 $ 100.00
Oat.ide DeDar.IDeat Servicu nabor+overbeadl I L.S. 400.00 $ 400.00
Sabtotal (A+B+E+Jl'+G+H+J+J $ 8,659.00
General Benelit Calc.bU.n.:
Area of M al.te..ace . Sa.FI.
PeruntolYolalArea {Q/ClRoluded . %
ProuortiaDed COlt of Total COlt IK*Rl $ .
Geaeral Benefit Perceatale . %
General Beaefit A III ou at Not A uesuble fR .S\ . $ . $ .
Subtot.1 $ 8,659.00
E.tim.ted I.terest for nOD-Drefuaded .mounts. 6 Percent $ 519.54
Subtot.1 $ 9,178.54
Adjustment (Rouadial for Auessmeat Roll) $ (0.54 )
TOTAL FIRST YEAR'S ESTIMATED COSTS $ 9,178.00
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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 CALCULA TION -- 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
$9,178.00#)5=$141.20 per Assessment Unit per year
Engineer's Report-AD 1032
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. 1032 (Palm Avenue and Verdemont Drive
Landscane Maintenance Assessment District))
P(30/0,/
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Mark Lancaster, R.C.E.,
City Engineer
Date
Engineer's Report - AD 1032
List of Exhibits
1. Vicinity Map..................................................... Exhibit "1"
2. Reduced copy of Boundary Map....................... Exhibit "2"
3. Reduced copy of Assessment District Diagram Exhibit "3"
4. Copy of "Notice of Exemption"......................... Exhibit "4"
5. Proposed Assessment Roll (FY 2005/2006)...... Exhibit "S"
LOCA TION OF
PROPOSED ASSESSMENT
DISTRICT NO. 1032
No Scale
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5th St.
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EXHIBIT '1'
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1032 -
Palm Avenue and Verdemont Drive
(Tract No. 14352)
Created by: Date:
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ASSESSMENT BOUNDARY
ASSESSMENT DISTRICT NO. 1032
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ASSESSMENT DIAGRAM
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ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1032
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ASSESSMENT DlSl1Ucr
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EXHIBIT "3"
CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT
NOTICE OF EXEMPTION
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FROM: CITY OF SAN BERNARDINO, PLANNING
AND BUILDING SERVICES DEPARTMENT
300 N. "D" STREET
SAN BERNARDINO, CA 92418
TO:
OFFICE OF PLANNING AND RESEARCH
1400 TENTH STREET, ROOM 121
SACRAMENTO, CA 95814
X COUNTY CLERK
COUNTY OF SAN BERNARDINO
385 NORTH ARROWHEAD AVENUE
SAN BERNARDINO, CA 92415
Project Title: ASSESSMENT DISTRICT NO.1 032
Project Location-Specific: TRACT NO. 14532 - PALM AVENUE AND VERDEMONT DRIVE.
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
CITY OF SAN BERNARDINO
Name of Person or Agency Carrying out Project:
Exem.11t Status: (check one)
o Ministerial (Sec. 21080(b)(1); 15268);
o Declared Emergency (Sec. 21080(b)(3); 15269(a));
o Emergency Project (Sec.21080(b)(4); 15269(b)(c));
[it Categorical Exemption. State type and section number: Class 115301(c) Res.90-217.Sec. B2c
o 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 CodelTelephone/Extension: (909) 384-5026
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has J1e, :;xe;:;on been filed by the public agency approving the project? 0 Yes 0 No
Signature: ~ Date: Titie: Real Prooertv Suoervisor
GiI Signed by Lead Agency
o Signed by Applicant
Date received for filing at OPR:
RXHTRTT "4"
PLAN10.05 (5-90) Rev ENG (5-97) Page 1 of 1
CITY OF SAN BERNARDINO
PROPOSED
2005 I 2006 ASSESSMENT ROLL - AD 1032
PALM A VENUE AND VERDEMONT DRIVE LANDSCAPE MANTENANCE ASSESSMENT DISTRICT
Assessment No. Parcel No. or Lot No. Assessment Amt.
10 0261-621-01 $141.20
II 0261-621-02 $141.20
12 0261-621-03 $141.20
13 0261-621-04 $141.20
14 0261-621-05 $141.20
15 0261-621-06 $141.20
16 0261-621-07 $141.20
17 0261-621-08 $141.20
18 0261-621-09 $141.20
19 0261-621-10 $141.20
20 0261-621-11 $141.20
21 0261-621-12 $141.20
22 0261-621-13 $141.20
23 0261-621-14 $141.20
24 0261-621-15 $141.20
25 0261-621-16 $141.20
26 0261-621-17 $141.20
27 0261-621-18 $141.20
28 0261-621-19 $141.20
29 0261-621-20 $141.20
30 0261-621-21 $141.20
31 0261-621-22 $141.20
32 0261-621-23 $141.20
33 0261-621-24 $141.20
34 0261-621-25 $141.20
35 0261-621-26 $141.20
36 0261-621-27 $141.20
37 0261-621-28 $141.20
38 0261-621-29 $141.20
39 0261-621-30 $141.20
40 0261-621-31 $141.20
41 0261-621-32 $141.20
42 0261-621-33 $141.20
43 0261-621-34 $141.20
44 0261-621-35 $141.20
1032 / 2005 EXHIBIT "5" Page I of2
Assessment No. Parcel No. or Lot No. Assessment Amt.
45 0261-621-36 $141.20
46 0261-621-37 $141.20
47 0261-621-38 $141.20
48 0261-621-39 $141.20
49 0261-621-40 $141.20
50 0261-621-41 $141.20
51 0261-621-42 $141.20
52 0261-621-43 $141.20
53 0261-621-44 $141.20
54 0261-621-45 $141.20
55 0261-621-46 $141.20
56 0261-621-47 $141.20
57 0261-621-48 $141.20
58 0261-621-49 $141.20
59 0261-621-50 $141.20
60 0261-621-51 $141.20
61 0261-621-52 $141.20
62 0261-621-53 $141.20
63 0261-621-54 $141.20
64 0261-621-55 $141.20
65 0261-621-56 $141.20
1 0261-631-01 $141.20
2 0261-631-02 $141.20
3 0261-631-03 $141.20
4 0261-631-04 $141.20
5 0261-631-05 $141.20
6 0261-631-06 $141.20
7 0261-631-07 $141.20
8 0261-631-08 $141.20
9 0261-631-09 $141.20
---~,------- _______u.
TOTALS: 6S Parcels $9,178.00
1032 I 2005
EXHIBIT "S"
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RESOLUTION ~ (Q) ~lf
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
LOCATED IN THE PALM AVENUE AND VERDEMONT DRIVE AREA WITHOUT
COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION
AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS INTENTION TO
PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS
ASSESSMENT DISTRICT NO. 1032; PRELIMINARILY APPROVING THE
ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC
HEARING.
WHEREAS, the City of San Bernardino (hereinafter called "City") as an exercise of its
municipal affairs powers has enacted an Assessment District Ordinance (Municipal Code Chapter
12.90) to provide for the procedure for the formation of assessment districts within the City; and
WHEREAS, it has now become necessary to consider the formation of a landscape
maintenance assessment district within the City, to be known as Assessment District No. 1032,
Palm Avenue and Verdemont Drive area Landscape Maintenance Assessment District.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, the
Mayor and Common Council of said City hereby prelimimirily find and determine that the public
convenience and necessity require, and it is the intention of the Mayor and Common Council to
form Assessment District No. 1032, the boundaries of which are generally as follows:
The centerline ofVerdemont Drive on the south; the centerline of Palm Avenue to
the west; and the northerly and easterly lines of Tract No. 14352 to the north and
east, respecti vel y.
Reference is hereby made to the Engineer's Report on file in the office of the City Clerk of said
City for a map of the boundaries of said district, a description of the maintenance, an estimated cost
of the maintenance, and a proposed assessment roll which Report and Assessment District Map are
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE PALM AVENUE AND VERDE MONT DRIVE AREA (AD 1032)
hereby preliminarily approved.
SECTION 2. It is the intention of said Mayor and Common Council to order
improvements within the district, which improvement shall consist of, but are not limited to, the
maintenance of landscaping and all appurtenances along portions of the north side ofVerdemont
Drive, easterly of Palm A venue, within Tract No. 14352. The estimated cost of said maintenance
for the first year, including incidental costs is $9.178.00.
SECTION 3. Said contemplated work and improvements is of more than local or ordinary
public benefit, and that said Mayor and Common Council do hereby make the expense of such
work and improvement chargeable upon the district, which district is hereby declared to be the
district benefited by said proposed work and improvement, and to be assessed to pay the cost and
expense thereof. All public streets or alleys, or portions thereof, of said Tract No. 14352, are
hereby excepted from said assessment, as set forth in said Engineer's Report.
SECTION 4. The assessment benefit procedure to be followed and the amount to be
assessed against each particular parcel will be based upon the basis of a single residential unit being
one assessment unit and the percentage of costs will be assessed proportional to the percentage of
the total assessment units on each parcel as it relates to the total number of assessments, actual or
by formula, within the district. Reference is hereby made to said Engineer's Report, on file in the
office of the City Clerk of said City, for full particulars and proposed assessment amount against
each parcel.
SECTION S. The assessment financing alternative to be followed shall be as follows,
to-wit:
The estimated cost of the first year's maintenance, as set forth in said Engineer's report, shall be
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE PALM AVENUE AND VERDEMONT DRIVE AREA (AD 1032)
assessed against the properties involved within the current fiscal year or the fiscal year following
the establishment of the district. Depending on when the costs are assessed relative to when the
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 district has assumed the
responsibility for the maintenance, the properties shall be assessed each year thereafter to establish
a source of pre-funding each year's costs, or for the actual contract and incidental costs. If there
are surplus amounts in the event of pre-funding of costs, then such surplus may be applied as a
credit to the following year's assessment or retained in a reserve to offset future increases. Interest
will be charged on any portion of the assessments which are not pre-funded through previous
assessments. The interest rate shall be based upon the average rate of the City's current earnings
on invested funds during the period of expenditure. The assessment 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. Said assessments will be collected in perpetuity, or until
terminated by the Mayor and Common Council. Reference is made to said Engineer's Report for
full particulars.
SECTION 6. NOTICE IS HEREBY GIVEN that a public meeting will be held before the
Mayor and Common Council of the City of San Bernardino on November 1,2004, at the hour of
4;00 p.m., and that a public hearing will be held on November 15,2004, at the hour of 4:00 p.m.,
both in the Council Chambers of City Hall, 300 N. "0" Street, San Bernardino, California for the
purpose of determining whether the public convenience and necessity require the formation of the
proposed maintenance district without compliance with the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 and whether the Mayor and Common Council should
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT D1STRICf IN THE PALM A VENUE AND VERDEMONT DRIVE AREA (AD 1032)
proceed with ordering the above described improvements. At said public meeting and public
hearing, any person may appear and file objections relative to the proposed district, the proposed
maintenance or the costs thereof. Any person owning property within the proposed district may
protest against said district, the proposed maintenance or the costs thereof, by filing a written
protest with the City Clerk, 300 N. "0" Street, San Bernardino, California, 92418, prior to 4:00
p.m., November 15,2004. Each protest must be signed by the owners thereof and must contain
sufficient information to properly identify said property. No action will be taken to approve the
formation of the district until the conclusion of said public hearing on November IS, 2004. All
property owners within the proposed district will also be mailed ballots which may be used to
indicate support of or opposition to the proposed assessment. A majority protest shall exist if the
total amount of assessments shown on the ballots returned in opposition to the assessment is greater
than the total assessment amount of ballots returned in support of the assessment. All ballots must
be received in the Office of the City Clerk by no later than the time and date of the public hearing
as stated herein.
If by the conclusion of said public hearing on November 15,2004, protests have been filed
and not withdrawn by property owners representing over 50% of the assessment units to be
assessed, or ballots returned representing over 50% of the assessment amount of the returned
ballots, these proceedings shall be abandoned and no assessments shall be imposed.
Additional information may be obtained by contacting the Department of Development
Services, Real Property Section, at (909) 384-5026 or by writing to same at 300 N. "0" Street, San
Bernardino, California, 92418.
SECTION 7. A copy of this resolution and a map showing the exterior boundaries of the
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