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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Subject: Authorization to proceed and
Resolution of Intention--- formation of a
Landscape Maintenance Assessment District
in the Orange Show Road and Arrowhead
Avenue area (Parcel map No. 16222).
File No. 14.40-128
MCC Date: 12-20-2004
Dept: Development Services
Date: December 6,2004
Synopsis of Previous Council Action:
11/01/2004 - Parcel Map No. 16222 was approved, with conditions.
Recommended Motion:
1. That the Director of Development Services and the City Clerk be authorized to proceed
under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment
District in the Orange Show Road and Arrowhead A venue (Parcel Map No. 16222), to be
known as Assessment District No. 1038; AND
2. Adopt Resolution.
~J~
Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Maps, Ward::3
Engineers Report, Reso.
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees to be paid by applicant)
Source: (Acct. No.) 254-000-2301-0000
(Accl. Description) Assessment District Deposits
Finance:
CfS;ncil Notes:
M.~J.OOt{- 390
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to proceed and Resolution of Intention--- formation of a Landscape Maintenance
Assessment District in the Orange Show Road and Arrowhead Avenue area (Parcel map No.
16222).
BACKGROUND:
On November I, 2004, Parcel Map No. 16222, located at the northeast corner of Orange Show
Road and Arrowhead Avenue was approved by the Planning Commission. On April 13, 2004,
the developer/owner of this property submitted a petition for the formation of a landscape
maintenance assessment district, as one of the conditions of approval for the development of this
site. The formation of the district will assign the costs of maintaining the landscaping to the
owners of the properties most benefiting from the landscape area. The areas to be maintained by
the district will be landscaping along portions of the north side of Orange Show Road, east of
Arrowhead A venue, the east side of Arrowhead A venue, north of Orange Show Road, both sides
of Orange Show Lane, east of Arrowhead Avenue and the west side of Sierra Way, all within the
boundaries of the Parcel Map. The developer has paid the required $4,000 formation fee.
Parcel Map No. 16222 consists of 14 commercial parcels of varying size. The annual cost of
maintenance and incidentals will be spread across these 14 parcels. Part of the formation
proceedings includes the preparation of an Engineer's Report, which details the costs necessary
to carry out the ongoing maintenance of landscaping and is attached for your review. As set forth
in the Engineer's Report, the estimated total annual assessment, including all incidental expenses,
is $20,093.11. Assessment units on commercial land are assigned to each parcel based on the
number of 7,200 square foot single family lots that could be developed on the site if it were
developed for residential use and gives a basis for calculating the assessment spread. In essence,
each parcel is assessed in proportion of its size to the other parcels within the district. The per lot
assessment will vary across each parcel but ranges from $694.42 to $2130.71 per parcel.
The attached Resolution of Intention sets a public meeting for January 24, 2005, and a public
hearing for February 7, 2005, and preliminarily approves the Engineer's Report. Approval of this
district will be subject to an assessment ballot process, which requires a majority approval by the
property owners within the proposed district boundary. Ballots are weighted proportionally to the
amount of proposed assessment for each parcel. The owners of record will be given mailed
notice of the public meeting and hearing, along with an Assessment Ballot form. Since all of the
properties are currently under one ownership, no protests are anticipated. Future property owners
will purchase the parcels subject to the assessment district.
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.
RECOMMENDA nON:
Staff recommends that authorization be given to proceed with the formation of a Landscape
Maintenance Assessment District in the Orange Show Road and Arrowhead Avenue (Parcel Map
No. 16222) and that the attached Resolution ofIntention be adopted.
No Scale
5th St.
Mill St.
LOCATION OF
PROPOSED ASSESSMENT
DISTRICT NO. 1038
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1038 -
Orange Show Road and Arrowhead
Avenue (Parcel Map No. 16222)
Created by: L,{{J(/lJJ, Date: II. tJ
~ indicates un-incorporated areas
~ within City's Sphere of Influence
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RESOLUTIONNO.l.bO>rPY
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 ORANGE SHOW ROAD AND ARROWHEAD AVENUE AREA
WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION,
LIMITATION AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS
INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE
KNOWN AS ASSESSMENT DISTRICT NO. 1038; 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. 1038,
Orange Show Road and Arrowhead A venue 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 preliminarily 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. 1038, the boundaries of which are generally as follows:
The centerline of Orange Show Road to the south; the centerline of Arrowhead
A venue to the west; and the north and east line of Parcel Map No. 16222 to the
north and to the east respectively.
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
12/01/04
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE ORANGE
SHOW ROAD AND ARROWHEAD AVENUE AREA (AD 1038).
cost of the maintenance, and a proposed assessment roll which Report and Assessment District
Map are 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 of Orange
Show Road, east of Arrowhead Avenue, the east side of Arrowhead A venue, north of Orange
Show Road, the north and south sides of Orange Show Lane, east of Arrowhead Avenue and the
west side of Sierra Way, north of Orange Show Lane, all within Parcel Map No. 16222.. The
estimated cost of said maintenance for the first year, including incidental costs is $20.093.11.
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, except as otherwise may be set forth in said Engineer's Report. All public streets
or alleys, or portions thereof, of said Parcel Map No. 16222, 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
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE ORANGE
SHOW ROAD AND ARROWHEAD A VENUE AREA (AD 1038).
office of the City Clerk of said City, for full particulars and proposed assessment amount against
each parcel.
SECTION 5. 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
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
12/01/04
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE ORANGE
SHOW ROAD AND ARROWHEAD A VENUE AREA (AD 1038).
Mayor and Common Council of the City of San Bernardino on Monday, January 24,2005, at the
hour of 4:00 p.m., and that a public hearing will be held on Monday, February 7,2005, at the hour
of 4:00 p.m., both in the Council Chambers of City Hall, 300 N. "D" 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 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. "D" Street, San Bernardino, California, 92418, prior
to 4:00 p.m., February 7, 2005. 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 fOnllation of the district until the conclusion of said public hearing on February 7, 2005. 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 February 7, 2005, protests have been filed
12/01/04
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE ORANGE
SHOW ROAD AND ARROWHEAD A VENUE AREA (AD 1038).
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. "D" Street, San
Bernardino, California, 92418.
SECTION 7. A copy of this resolution and a map showing the exterior boundaries of the
proposed improvement district with relation to the territory immediately contiguous thereto and to
the proposed improvement will be on file with the City Clerk and will be available for inspection
by any person or persons interested. This map shall govern for all details as to the extent of the
proposed improvement district.
SECTION 8. The City Clerk is hereby authorized and directed to publish a copy of this
Resolution in the San Bernardino County Sun, a newspaper of general circulation published in the
City, and shall cause Notice to be mailed as required by Section 12.90.040(C) of the San
Bernardino Municipal Code.
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12/01/04
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE ORANGE
SHOW ROAD AND ARROWHEAD A VENUE AREA (AD 1038).
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
, 20_, by the following vote, to-wit:
Council Members: A YES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this _ day of
,20_
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: ~A?\'-" t, r~~
()
12/01/04
6
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1038
(Orange Show Road and Arrowhead Avenue Landscape Maintenance Assessment District)
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
File No. 14.40-128
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
Prepared November 29, 2004
Engineer's Report - AD 1038
11/29/2004
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1038
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. 1038,
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
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Engineer's Report - AD 1038
11/29/2004
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS /ENGINEERING DIVISION
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1038
(Orange Show Road and Arrowhead Avenue Landscape Maintenance Assessment District)
PETITION -- On April 13, 2004, 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 within portions of Parcel Map No. 16222. 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 Parcel Map No. 16222 by the City to relieve the City from
having to maintain the areas of landscaping.
AUTHORIZATION -- On January 10, 2005, 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. (Orange Show Road and Arrowhead Avenue 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 ofthe City of San Bernardino
on the day of
ADVANCE OF ESTIMATED COSTS OF PROCEEDINGS -- On April 15, 2004, 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 Orange Show Road, east of Arrowhead Avenue, the east side
of Arrowhead Avenue, north of Orange Show Road, the north and south sides of Orange Show Lane, east of
Arrowhead Avenue and the west side of Sierra Way, north of Orange Show Lane, all within Parcel Map No. 16222.
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.
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Engineer's Report - AD 1038
11/29/2004
DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the
Assessment Boundary Map of Assessment District No.1 038 and are generally described as follows: The centerline
of Orange Show Road to the south; the centerline of Arrowhead Avenue to the west; and the north and east line of
Parcel Map No. 16222 to the north and to the east respectively.
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 "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 area of each lot or parcel that utilizes 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. The benefit received by each lot or parcel is
proportional to the area of each lot or parcel in relation to the total area within the District boundaries. Since the
proposed development for this area is commercial use, assessment units are assigned to each lot or parcel based on
the number of single family residential units that could be built if the area were developed for residential use, based
on the minimum lot size of 7,200 square feet as set forth in the City's General Plan. Thus, each lot or parcel area
(in square feet) is divided by 7,200 to determine its assigned assessment unit or portion thereof.
The benefit received by the lots or parcels within the boundaries of the district is determined to be of more
than ordinary public benefit, thus each lot or 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:
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Engineer's Report - AD 1038
11/29/2004
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
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 estimates for the various street classifications.
These portions of Arrowhead A venue and Orange Show Road are currently classified as major arterial
streets, and represents 48% of the total area to be maintained; thus 15% of 48% of the total cost of
maintenance is deemed to be general benefit and will not be assessed to the District.
These portions of Orange Show Lane and Sierra Way are currently classified as a local street and 100%
of the maintenance along this street is assessable 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 lands 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. 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 I sets forth the
estimated costs of the first year's maintenance. No Bonds will be sold relative to this Assessment District.
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Engineer's Report - AD 1038
11/29/2004
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 14 commercial parcel within Parcel Map No. 16222, with each
parcel being assigned the number of assessment units as described under Method of Assessment, and assessments
are spread accordingly. An Assessment Roll representing the estimated first year's maintenance costs has been
prepared for the 14 parcels within Parcel Map No. 16222 and is shown as Exhibit "5".
FUTURE APPORTIONMENT -- 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 reapportionment does 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.
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Engineer's Report - AD 1038
11/29/2004
TABLE 1
ESTIMATED FIRST YEAR'S COST SUMMARY
Assessment District No. 1038
(Orange Show Road and Arrowhead Avenue Landscape Maintenance Assessment District)
A
B
C
D
E
F
Main tenan ce of Turf Ilrril(a tion 45,22 5 So.Ft. 0.15 $ 6,783.75
Main tenan ce of G rou n dcover IS h ru bsllrriga tion 30,155 So.Ft. 0.15 $ 4,523.25
TOTAL' AREA OF MAINTENANCE (A+B) 75,380 So.Ft. - -
Maintenance of Trees Ilrril!ation I L.S. 500.00 $ 500.00
Water and Enerl!v Costs 75,380 So.Ft. 0.08 $ 6,030.40
Weekly Inspection (Iabor,overhead) (Total Annual Hrs) 52 Hours 30.00 $ 1,560.00
Annual Assmt. Enl!ineering (Iabor+overhead) 5 Hours 40.00 $ 200.00
Contract Adminstration (Iabor+overhead) 15 Hours 22.00 $ 330.00
In ciden tals (m a terials, su n nlies, oth er costs) I L.S. 100.00 $ 100.00
Outside Department Services (Iabor+overhead) I L.S. 400.00 $ 400.00
Snbtotal (A+B+E+F+G+H+I+J) $ 20,427.40
General Benefit Calculations:
General Benefit Area of Maintenance
(Arrowhead Ave. & Orange Show Rd.) 36,400 So.Ft.
Percent of Total Area (QI C) Rounded 48.00 %
ProDortioned cost of Total Cost (K*R) $ 9,805.15
General Benefit Percental(e . 15.00 %
General Benefit Amount Not Assessable (R*S) 1,470.77 $ (1,470.77)
Subtotal $ 18,956.63
Estimated Interest for non-prefunded amounts* 6 Percent $ 1,137.40
Subtotal $ 20,094.02
Adjustment (Rounding for Assessment Roll) $ (0.91 )
TOTAL FIRST YEAR'S ESTIMATED COSTS $ 20,093.11
G
H
I
J
K
Q
R
S
T
U
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 arnount per Assessment Unit:
Total Costs 7- Total Assessment Units = Cost per Assessment Unit
thus
20,093.117-80.44 = $249.79 per Assessment Unit per year
6
Engineer's Report-AD 1038
11/29/2004
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 XmD of the California
Constitution for the establishment of Assessment District No. 1038 (Oranl!e Show Road and Arrowhead Avenue
Landscape Maintenance Assessment District)
/7--I-Ot'
&14
I
Mark Lancaster, P.E.,
City Engineer
Date
7
Engineer's Report - AD 1038
11/29/2004
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 "5"
8
No Scale
5th St.
Mill St.
LOCA TION OF
PROPOSED ASSESSMENT
DISTRICT NO. 1038
VICINITY MAP
EXHIBIT 1
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1038 -
Orange Show Road and Arrowhead
Avenue (Parcel Map No. 16222)
Created by: j. f(;?A>J, Date: 4;;0/0,/
~ indicates un-incorporated areas
~ within City's Sphere of Influence
ASSESSMENT BOUNDARY
ASSESSMENT DISTRICT NO. 1038
ORANGE SHOW ROAD AND ARROWHEAD A VENUE
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO
~
,"'...
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---t- ORANGE -SHOW -LANE ______--.-1
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--~~ORANGE - SHOW-ROAD---
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[;l/il! @~[" [KIjJ/iI:P Iil!@ ~ @a:~2llPo[KIjJ" 'i2@@/~ 0 o~5il
1
fur__
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4
u. ....
2
I.HI......
3
u,......
ASSESSNENT DISTRICT
BOUNDARY SHOYIN THUS: _ ... _ _
--
crn_
LOCATION OF
ASSESSMENT DISTRICT -----
.
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
ORANGe snow ROAD AND ARROWHEAD AVENUE
AREA LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT
VICINITY MAP
EXHIBIT 2
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Filed In lheof'llce QlIhe City Cl,rk infleCMydS8n&.rerdnD
1NI_dayrJI .20_
RACHEL CLARK.
CllyCI.nt,CIlyofs.n~
IherebyCfi1tfylhllllhewllhWlmapshowlng....~
boundariHoI......es......DilIlriclNo. ~oItheCjlyds..
BemlIrdlno. County of s.n e-dlno, S,* dCllfcmo._
approved by the CIty Council of !he City of s.n e.r.nIno" .
~..meetlng1lwrwol'.heldonltw_dayal
. 20_. byR.........
No ,8ndWBlliledinlheofllcedlheCounty
IUeord... Ql' s.n Bernardino County. Slam of CaIromIoI. an....
_llIIyol ,20_inElodt
__Pf9'(I) ofMllpl!ildAllessmenl
andCammuritvFKIIlin.DisIrIetI
c:i
(j
u.:
RACHEL CLARK,
CllyCllrk,CilyofSan&.manlina
I
San Bemardino County Recotde(s Certificate
"-
This map has been filed under Document
Number this
day of 2O-,at.m in
Book of
at page at the request of
in the amountof$
DRAIIING
Ill,
11327
larryWalker
AudilOl'-ControllerlRecorder
County of San Bernardino
....-1......
-L....s
By:
Deputy Recorder
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1038
ORANGE SHOW ROAD AND ARROWHEAD AVENUE
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO
Fled In the otIIot of the CIty Cleric In the City of San Bemanllno
thla_dayol '"
'....,3' 11101'
iU RACHEL ClARK,
City CIenl;, CIty 01 San Bernardlno
10 11 11 ~ 12 ,...... 14 <: I het'llby certify that the mep showing the PfOPOMd boIJndarieI Jar
,..- I.ar.-.. .,,- 13 ...- <: ........menI DIstrict No. .!!e! In the City 01 San B<<nardlno, Counly
~ ~ ...- II ~ of San 8emardiM. StlIle 01 ClIlIfomla, __ apPfO"'llld by the Mayor
@ @ @) @ and Common Council of lhe City of San Bernardino al a IeglAar
" !! (,) meeting tIllnof. held on the_liayd
20 ----I by Resolution No.
m and lias been fled In the oIIIca 01 the
County Recorder of San Bernardino County on thll_ day
SHOW LANE LlJ of '" ".ook
Q; pagels) of Mapa of A;;;;'ment and Community
(,) FacilIiesOislrlcts.
,..... ,..... ,..... <: RACHEL CLARK,
~ ClIy CIllrll, ClIy 01 San BernardinO
9 I-
J 4706.... ~ 7 ! 8 ! Ii '-
."'- ..- ....- c:i Recorded In the oIf"lCI!I of the City Engineer thie_day of
. Ii
~ . . '"
@ (1) @ @ (j
-... CITY ENGINEER
,..... -.. ...... City of San Bernardino
u.:
iMI&Y' II!J@ An ....nment 'MiS levied by the Mayor and Common Council of the
11 (j City of San 8emartIino on \he 10_, pieces, lind pameb; of the land
1 11 4 a snown on this _.sesament diagram. Saki .seesament _slevled on
0.11 .... 2 3 the_dayot .20_:the
'-'0... a 1.41__ ,.,,-- assessment diagram and the assessment rol ~ recorded in the
a:i olfice of the City Englne.... or said City on the_ day of
,20 _ Ref_nee is made 10 the
cri aase..rnen! raI recorded In the offlce of the City Enw- lor the
e..ct amount of uch ....umenltevled a9lllnsl each pan:eI 01 land
shown on !hie assesament diagr8m.
RACHEL CLARK.
City Cerk, City of San Bernardino
(Jl.....:m ...../41) I
LOCATION OF
ASSESSMENT DISTRICT
ASSES9IENT OfSTRlCT
BOUNDARY SHOW\! THUS: _ _ _ _
San Bernardino County Rec01der's Certificate
AREAS (IF WAlNTDlAHCE SH~ lHUS: ~
ASSESSOIENT Mlll8ERS SHOlIH TliU'" <D
..........
This map has been filed under Document
Number this
day of 20-,81 ~
Book of
at page althe request of
20-
crrrDIIIGII
In the amounl of S
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DMSION
DRAIoIING
NO.
11327A
VICINITY MAP
ORANGE SHOW ROAD AND ARROWHEAD AVENUE
AREA LANDSCAPE MAINTENANCE
ASSESSMEJIIT DISTRICT
.... ~..
-L.....
LaI'T)'Walker
Audilof..coolrollerJRecorder
County of San Bemardino
By:
Deputy Recorder
EXHIBIT 3
r
"
CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT
NOTICE OF EXEMPTION
'-
~
,
"
FROM: CITY OF SAN BERNARDINO, PLANNING
AND BUILDING SERVICES DEPARTMENT
300 N. "0" 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
ProjectTitle: ASSESSMENT DISTRICT NO. 1038
Project Location-Specific: Parcel Map No. 16222 - ORANGE SHOW ROAD AND ARROWHEAD
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 Person or Agency Carrying out Project:
CITY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
Name of Public Agency Approving Project:
Exem...Et Status: (check one)
o Ministerial (Sec. 21080(b)(1); 15268);
o Declared Emergency (Sec. 21080(b)(3); 15269(a));
o Emergency Project (Sec.21 080(b)(4); 15269(b)(c));
ex Categorical Exemption. State type and section number: Class 1 15301(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 a notice of exemption been filed by the public agency approving the project? 0 Yes 0 No
Signature:
Date:
Title: Real Property Supervisor
UiI Signed by Lead Agency
o 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
2005 / 2006 ASSESSMENT ROLL - AD 1038
ORANGE SHOW ROAD AND ARROWHEAD A VENUE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
Assessment No. Parcel No. or Lot No. Assessment Amt.
I PM. 16222 Par. I $1,463.77
2 PM. 16222 Par. 2 $1,661.1 0
3 PM. 16222 Par. 3 $2,130.71
4 PM. 16222 Par. 4 $1,795.99
5 PM. 16222 Par. 5 $1,101.57
6 PM. 16222 Par. 6 $1,056.61
7 PM. 16222 Par. 7 $1,146.54
8 PM. 16222 Par. 8 $1,328.88
9 PM. 16222 Par. 9 $1,888.41
10 PM. 16222 Par.I 0 $2,095.74
II PM. 16222 Par. I I $1,541.20
12 PM. 16222 Par. 12 $1,161.52
13 PM. 16222 Par.13 $694.42
14 PM. 16222 Par. 14 $1,026.64
-~--- ---
TOTALS: 14 Parcels $20,093.11
1038 / 2005
EXHIBIT "5"
Page 1 ofI