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ORIGiNAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: September 13,2005
Subject: Authorization to proceed and
Resolution of Intention--- formation of a
Landscape Maintenance Assessment District
in the Irvington Avenue and Chestnut
Avenue Area (Tract No. 16443).
From: James Funk, Director
Dept: Development Services
File No. 14.40-129
Synopsis of Previous Council Action:
06/1712003 - Tentative Tract Map No. 16443 was approved, with conditions.
MCC Date: 10-03-2005
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 Irvington Avenue and Chestnut Avenue area (Tract No. 16443), to be known
as Assessment District No. 1039; AND
2. Adopt Resolution.
~!9Y
Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Maps,
Engineers Report, Reso.
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees to be paid by applicant)
Ward:
5
Source: (Accl. No.) 254-000-2301-0000
(Accl. Description) Assessment District Deposits
Finance:
Council Notes: ~iJ. ~ OOS- . '., '3/
Agenda Item No.
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ID/:;/05
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 Irvington Avenue and Chestnut Avenue area (Tract No. 16443).
BACKGROUND:
On June 17,2003, Tract Map No. 16443, located at the northwest corner of Irvington Avenue
and vacated Chestnut A venue, was approved by the Planning Commission, with conditions. On
April 12, 2004, GFR Enterprises, the developer/owner of this property, submitted a petition for
the formation of a landscape maintenance assessment district, as required by the conditions of
approval for the development of this site. The formation of this District will assess the special
benefit costs of maintaining the landscaping and appurtenances to the owners of the properties
benefiting from the maintenance area. The areas to be maintained by the District will be
landscaping along portions of the southerly side of Belmont Avenue, the easterly side of
Magnolia Avenue, a trail system and landscaping along the trail system across vacated Chestnut
Avenue, located along the easterly side of the Tract. Additional maintenance will include entry
monument signs, lighting and hardscaping at the trail system entrances at Irvington Avenue and
at Belmont Avenue. The trail system will consist of two parallel trails of 15 foot width each. One
trail will be an equestrian trail consisting of decomposed granite; the other trail will be a
walking/bicycle trail consisting of asphalt. The two trails will be separated by a vinyl rail fence.
A portion of the landscaping along the easterly side of the trail system is within easements
acquired from the adjacent property owners located outside of their walls or fences. The
developer has paid the required $4,000 formation fee.
Tract No. 16443 consists of 127 single family lots. The annual cost of maintenance and
incidentals will be spread across these 127 lots. 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 required by law, only special
benefit may be assessed to properties within an assessment district. Any benefit found to be a
general benefit may not be assessed to the District. As set forth in the Engineer's Report, a
portion of the landscaping along Belmont Avenue and a portion of the trail system and
appurtenances have been deemed to be of a general benefit. The general benefit portion of the
annual cost of maintenance is estimated to be $1,070.21, and cannot be assessed to the District.
This amount will need to be paid from the general fund or other non-district fund source. The
special benefit portion of the annual cost of maintenance, including all incidental expenses, is
estimated to be $24,993.60. This amount will be spread across the 127 lots within the District
and the annual maintenance cost per lot will be $196.80. The Engineer's Report allows for
annual increases of CPI (Consumer Price Index), or 5%, whichever is less, to cover increases in
maintenance costs. Increases over this amount will either need to be approved by the property
owners within the District, or be paid for by the City.
Staff Report - Continued
The attached Resolution of Intention sets a public meeting for November 7, 2005, and a public
hearing for November 21, 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 the proposed assessment for each parcel. The owners of record
will be given mailed notice of the public meeting and hearing, along with an Assessment Ballot
form. Since all of the properties within the District are currently under one ownership, no
protests are anticipated. Future property owners will purchase the lots subject to the Assessment
District and will be given disclosure of the District and assessments by the developer or
subsequent property owners, as required by law.
FINANCIAL IMP ACT:
Applicant has paid the $4,000 processing fee. Estimated costs of annual maintenance in the
amount of $24,993.60, deemed to be a special benefit, will be assessed back to property owners
within the Assessment District. The estimated cost of maintenance in the amount of$I,070.21,
deemed to be a general benefit, will need to be paid from the general fund.
RECOMMENDATION:
Staff recommends that authorization be given to proceed with the formation of a Landscape
Maintenance Assessment District in the Irvington Avenue and Chestnut Avenue area to be
known as Assessment District No. 1039 (Tract No. 16443), and that the attached Resolution of
Intention be adopted.
ASSESSMENT BOUNDARY
ASSESSMENT DISTRICT NO. 1039
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Filed in the office 01 the Clly Clerll In the Cily of San Bemardino lhis_day 01 i
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IRVINGTON A VENUE AND CHESTNUT AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO
.
..
RACHEL CLARK
CilyClen<,CityofSanBemaroino
I hereby certify Ihallhe within map showing the prol'Os...:! txx.Jndaries of Ass~ssmenl Oistrict
No. ~ of the City of San Bemardino, County of San Bernardioo, Stale of Calikmia. was
llpprovedby lheCilyCOllncilof the City of San Bernardino III II regularmeelinglhereo/
held on the day of ,20 .byRasolution
No ---;;;:;;J was file~the countyR:;corrlerofSan Bemardino
County.StateofCahforniaonlheu...~dayof W_inBook
_' pagels) of Maps of Assessment and Community Facililies
Districts
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,
RACHEL CLARK,
CilyCleri<, City of San B"mard<oo
BOUNDARIES OF TRACT NO. 16443,
M.B. 300/67-69 SHOWN THUS - - - - - - - - -
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ASSESSMENT DISTRICT
BOUNDARY SHOWN THUS: -.-.-.-.-.-
San Bernardino County Recorder's Certificate
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CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
This map has been filed under Document
Number this
day of 20-,at .min
Book of
at page at the request of
in the amountof$
DRAW IV,
CHECICEIlIV,
I APPROVED
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LanyWalker
Aud itor.controllerlRecorder
County of San Bernardino
IRVINGTON A VENUE
AND CHESTNUT AVENUE AREA
LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT NO. IU3I}
DRAVt1NG NO. 11526
By'
SHEET ~OF ~
Deputy Recorder
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1039
Jrvington Avenue and Chestnut Avenue Area Landscape Maintenance Assessment District
in the
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
File No. 14.40-129
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
Prepared September 6, 2005
Engineers Report - AD 1039
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1039
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. 1039,
were approved and confirmed by the Mayor and Common Council of the City of San Bernardino, County of San
Bernardino, State of California on the _ day of
CITY CLERK
City of San Bernardino
CITY OF SAN BERNARDINO
Engineers Report - AD J 03 9
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1039
Irvington Avenue and Chestnut Avenue Area Landscape Maintenance Assessment District
PETITION -- On April 12, 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 of landscaping, trail system, monument signs and lighting, and hardscaped areas. These
improvements are relative to the proposed development within Tentative Tract No. 16443. 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 Tentative Tract No. 16443 by the City
to relieve the City from having to maintain the areas of landscaping.
AUTHORIZATION -- On October 3, 2005, by action ofthe 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.1 039 (Chestnut Avenue and Irvington 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 of the City of
San Bernardino on the day of
ADVANCE OF ESTIMATED COSTS OF PROCEEDINGS -- On March 30, 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 areas to be maintained will be within City owned property, dedicated right of way, or
within easements granted to the City for maintenance purposes and no maintenance will be carried out on private
property.
DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained include, but are not limited
to the following:
1) Landscaping and all appurtenances within portions of Belmont Avenue, east of Magnolia Avenue, portions of
Magnolia Avenue, south of Belmont Avenue and along the trail system along Los Robles Way described herein.
3
Engineers Report - AD 1039
2) Entry monuments and lighting, and hardscape and all appurtenances at:
a) Irvington Avenue @ the trail system described herein.
b) Belmont Avenue @ the trail system described herein.
3) Walking/Bicycle/Equestrian trails and appurtenances:
a) Meandering trails located along Los Robles Way, between Irvington Avenue and Belmont Avenue.
Equestrian trail (15 foot in width) is decomposed granite; walkinglbicycle trial (15 foot in width) is asphalt-
concrete. Trails are separated by a rail vinyl fence.
4) Two exercise stations and appurtenances located along the trail system described herein.
5) The estimated costs associated with the various items of maintenance are shown in Table 1.
PLANS AND SPECIFICATIONS --Plans and Specifications for the landscaping have been prepared by
the developer according to the standards of the City and is subject to final approval by the City prior to the
installation of any landscaping.
DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the
Assessment Boundary Map of Assessment District No.1 039 and are generally described as follows: The centerline
of Belmont on the northeast; the centerline of Magnolia Avenue on the northwest; the centerline of lrvington
Avenue on the southwest; the easterly line of that certain 45 foot easement reserved to the City of San Bernardino
for recreational trails, being a portion of vacated Chestnut Avenue, together with the full right of way boundaries
at the intersections of Belmont Avenue and vacated Chestnut Avenue and the intersections ofIrvington Avenue and
Chestnut A venue; and also together with that certain landscape easement dedicated to the City of San Bernardino
for landscape maintenance across the most northwesterly comer of Lot 44 of tract No. 13307; and also together
within easements granted to the City of San Bernardino for landscape maintenance across the northwesterly 15 feet
of Lot 30 and Lots 66 through 70 of said Tract No. 13307.
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 ofthe 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
4
Engineers Report - AD 1039
as Exhibit "4",
METHOD OF ASSESSMENT AND DETERMINATION OF BENEFIT -- Landscaping and its proper
maintenance enhances the esthetics of any given area and the benefit received by the owners of properties in the
area is determined to be equal to the number of residential units that utilize the landscaped areas either as ingress
and egress or by actual physical use of the land as in the cases of large open areas. The boundaries of the proposed
district are drawn with this in mind and the Resolution of Intention delineates the specific areas of maintenance
which will benefit all ofthe properties within the boundaries. Thus, each residential lot or unit, be it a single family
lot, a condominium or an apartment will be assessed an equal share in the cost of maintenance (1 residential lot or
unit = 1 Assessment Unit).
Based upon the proposed single family lots proposed to be developed, the total assessment units for the
district will be 127.
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:
1. 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 I5% 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 for the various street classifications.
Belmont A venue is classified as a collector street within which maintenance is proposed. The trail
system and appurtenant landscaping being installed for this tract will be a part of a regional trail system that
5
Engineers Report-AD 1039
will extend northwesterly and is deemed to have the same general benefit as a collector street The landscape
maintenance area within Belmont Avenue and the trail system represents 87% (rounded) of the total
maintenance area within the District and pursuant to the above determination of benefit, 5% of costs of
maintenance for these streets (i.e. 5% of87% oftotal maintenance costs) will NOT be assessed to the District.
These general benefit portion of these costs will need to be funded from the City's General Fund or other non-
district source of funding. The special benefit and general benefit costs are shown in said Table 1. Only the
special costs may 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. The various publicly
owned lands within the district, including City owned open space lots, State of California open space lots portions
of County of San Bernardino owned parcels will not be assessed, since these parcels are either landscaped or within
right of way and will not be developed for either residential or commercial use and thus receive no benefit from the
proposed maintenance.
METHOD OF FINANCING -- The estimated cost of the first year's maintenance shall be assessed against
the properties involved within the current fiscal year or the fiscal year following the establishment of the district.
Depending upon when the costs are assessed and when the actual maintenance is assumed by the City, this assessed
amount can be used as a source of pre-funding the first year's maintenance contract and incidental costs. Once the
City has assumed the responsibility for the maintenance, the properties may be assessed in advance each year
thereafter to establish a source of pre-funding each year's costs, or may be assessed for the actual contract and
incidental costs plus interest. Interest will be included in the assessment costs for any amounts or portions not pre-
funded through previous assessments. If there is a surplus from the estimated assessment in the event costs are pre-
funded through previous assessments, any such surplus shall be applied as a credit to the following year's
assessment or placed in a reserve fund to cover future increases or maintenance until such reserves are depleted.
The assessment, whether pre-funded or not, shall be levied, collected and enforced in the same manner, at the same
time, and with the same penalties and interest as in the case of taxes levied for property taxes. Table 1 sets forth the
estimated costs of the first 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 -- Development of this area is proposed to be accomplished in phases. Presently
there are 127 single family parcels proposed to be developed within the development. Each single family parcel
representing 1 assessment unit as described under Method of Assessment, and assessments are spread accordingly.
A proposed Assessment Roll representing the estimated first year's maintenance costs has been prepared for the 127
lots is shown as Exhibit "5". No further subdivision of this tract is anticipated
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
6
Engineers Report-AD 1039
parcel(s) will change accordingly. Any increases based solely on change in parcel size, land use or density, which
would result in an increase of assessment units, will not be subject to a public hearing as long as the formula for
determining the assessments as described is applied. Pursuant to Chapter 12.90 of the San Bernardino Municipal
Code, such reapportionments do not require the recording of an amended Diagram Map.
FUTURE INCREASES -- Due to the nature of landscape maintenance, it is anticipated that there will be
future increases in assessments as contract, labor, water and energy costs are all subject to future increases. Annual
increases may be increased without further notice or public hearing by a percentage equal to the increase in the
Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Orange County-Inland Empire area,
published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%,
whichever is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no
event will an increase, if needed, exceed 5% without a majority approval of property owners in the district.
7
Engineers Report - AD 1039
TABLE 1
ESTIMATED FIRST YEAR'S COST SUMMARY
Assessment District No. 1039
(Jrvington Avenue and Chestnut Avenue Area Maintenance Assessment District)
frscription of VJsts
Quantity
Unit GJstlUnit Annual GJst
A
B
C
D
E
Mlintenance ofTmf / Inigation 6,000 SqR 0.20 $ 1,200.00
Mlintenance of Gronndcover /ShruhslIrrigation 34,425 SqR 0.20 $ 6,885.00
Mlintenance of 3 rail vinyl trail separation fence 700 LF. 0.50 $ 350.00
Mlintenance of Trees /Inigation 1 LS. 1,000.00 $ 1,000.00
Landscape Area Subtotal 40,425 Sq.Ft.
Mlintenance of hardscape areas, JrnnUIrent signs
and trail system and appurtenant lighting 39,975 Sq.Ft. 0.10 $ 3,997.50
Inigation Costs (water and energy) 40,425 Sq.Ft. 0.10 $ 4,042.50
Total maintenance area 80,400
Mlintenance of exercise stations (2) 1 LS 1,500.00 $ 1,500.00
Weekly Inspection (labor,overhead) (fotal Annual Hrs) 156 Hours 30.00 $ 4,680.00
Annual Assmt. Engineering (labortoverhead) 5 Hours 33.00 $ 165.00
Contract Adminstration (labortoverhead) 15 Hours 22.00 $ 330.00
Incidentals (materials, supplies, other costs) 1 LS. 100.00 $ 100.00
Outside Depuiment Services (labortoverhead) 1 L.S. 400.00 $ 400.00
Subtotal (A thru N) $ 24,650.00
General Benefit Calculations:
Area of General Benefit (frail system and adjacent
areas) 69,813 Sq. Ft.
Percent of Total Area (Q/H) 86.83%
Subtotal (0 * R) $ 21,404
General Benefit Percentage 50/<
General Benefit Almnnt Not Assessable (S * 1) $ 1,070.21 $ (1,070.21)
Subtotal (Mt-R) $ 23,579.79
Estimated Interest for non-prefnnded lUIDnnts* 60/< $ 1,414.79
Subtotal (St 1) $ 24,994.58
Adjnstment (Ronnding for AssessllEnt Roll) $ (0.98)
lUfALFlRSTYEAR'S ESTIMAlED currs (U+V) $ 24,993.60
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Engineers Report - AD 1039
ASSESSMENT CALCULATION -- Applying the Method of Assessment and Assessment Spread described above,
the following formula is used to determine the assessment amount per Assessment Unit:
Total Costs 7- Total Assessment Units = Cost per Assessment Unit
thus
$24,993.60 7- 127 = $196.80 per Assessment Unit per year
9
Engineers Report - AD 1039
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 XrnD of the California
Constitution for the establishment of Assessment District No. 1039.
q~llf-t;1~
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Mark Lancaster, Deputy Director/City Engineer
Date
10
Engineers Report - AD 1039
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 2006/2007)...... Exhibit "5"
11
LOCA nON OF
PROPOSED ASSESSMENT
DISTRICT NO. 1039
No Scale
5th st.
Mill St.
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1039 -
Irvington Avenue and Chestnut
Avenue Area (Tr. 16443)
Created by: Date: f//HltJj-
,
~ indicates un-incorporated areas
~ within City's Sphere of Influence
EXHIBIT "1"
ASSESSMENT BOUNDARY
ASSESSMENT DISTRICT NO. 1039
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IRVINGTON A VENUE AND CHESTNUT AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE CITY OF SAN BERNARDINO. COUNTY OF SAN BERNARDINO
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RACHEL CLARK
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RACHEL CLARK
Clly Crer1l:. City of San 8<!mHn
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BOUNDARIES OF TRACT NO. 16443,
M.B, 300/67-69 SHOWN THUS: - - - - - - - - -
ASSESSMENT DISTRICT
BOUNDARY SHOWN THUS: -.-.-.-.-.-
San Bernardino County Recorder's Certificate
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
This map has been filed under Document
Number this
day of 20-,81 .m!n
Book of
at page allhe request of
in the amount of $
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DRAWN.."j, ,.
CHECKOIIY,
IlECXH€NIf.:DIY,
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Lany Walker
Auditor-GontrollerlRecorder
County of San Bernardino
IRVINGTON A VENUE
AND CHESTNUT AVENUE AREA
LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT NO. 1039
DRAWING NO. 11526
By:
SHEET .....!.- OF ~
Deputy Recorder
EXHIBIT "2"
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1039
~>
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IRVINGTON A VENUE CHESTNUT A VENU AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO
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Cllycto/lc. CIIy 01 San Bo",."j,,,
BOUNDARIES OF TRACT NO. 16443,
M.B. 300/67-69 SHOWN THUS: - - - - - - - - -
ASSESSMENT DISTRICT
BOUNDARY SHOWN THUS: _1___'_.-.-
AREA OF TRAIL AND HARDSCAPE MAINTENANCE: IIIllIllII
AREA OF LANDSCAPE MAlNTENANCE:~
ASSESSMENT NUMBERS SHOWN THUS: <D
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San BernardIno County Recorder's Certificale
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
This map has been filed under Document
Number this
day of 20-,81.ffi In
Book of
at page at the request of
in the amount of $
.......", L.~rv'
otECkElllY. {
I APPROVED
I
I CITY OIGHEI
20_
48048
Il[CONCHIlEP IY,
IRVINGTON A VENUE
AND CHESTNUT AVENUE AREA
LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT NO. 1039
DRAWING NO. 11526A
SHEET 1 OF ~
EXHIBIT "3"
Larry Walker
Auditor .ControllerlRecordar
County of San Bernardino
By:
Deputy Recorder
,
"""'I
CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT
NOTICE OF EXEMPTION
"
~
r
""
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.1 039
Project Location-Specific: TRACT No. 16443 -IRVINGTON AVENUE AND CHESTNUT AVENUE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
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...Et Status: (check one)
U Ministerial (Sec. 21080(b)(1); 1526B);
o Declared Emergency (Sec. 210BO(b)(3); 15269(a));
o Emergency Project (Sec.210BO(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 Code/Telephone/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
GI Signed by Lead Agency
o Signed by Applicant
Date received for filing at OPR:
"
~
RXHTBTT "4"
PLAN1 0.05 (5-90) Rev ENG (5-97) Page 1 of 1
CITY OF SAN BERNARDINO
PROPOSED
2006 / 2007 ASSESSMENT ROLL - AD 1039
BELMONT A VENUE AND CHESTNUT A VENUE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
Assessment No. Parcel No. or Lot No. Assessment Amt.
0 026 I -66 I -65 $0.00
026 I -66 I -0 I $ I 96.80
2 026 I -66 I -02 $ I 96.80
3 026 I -66 I -03 $196.80
4 026 I -66 I -04 $196.80
5 026 I -66 I -05 $196.80
6 026 I -66 I -06 $ I 96.80
7 026 I -66 I -07 $196.80
8 0261-661-08 $ I 96.80
9 026 I -66 I -09 $196.80
10 0261-66 I -1 0 $ I 96.80
11 0261-661-11 $196.80
12 0261-661-12 $196.80
13 0261-661-13 $196.80
14 0261-661-14 $196.80
15 0261-661-15 $196.80
16 026 1-661-16 $196.80
17 0261-661-17 $196.80
i8 0261-661-18 $196.80
19 0261-661-19 $196.80
20 0261-661-20 $196.80
21 0261-661-21 $196.80
22 0261-661-22 $196.80
23 0261-661-23 $196.80
24 0261-661-24 $196.80
25 0261-661-25 $196.80
26 0261-66] -26 $196.80
27 0261-661-27 $196.80
28 0261-661-28 $196.80
29 0261-661-29 $196.80
30 0261-661-30 $196.80
31 0261-661-31 $196.80
32 0261-661-32 $196.80
33 0261-671-01 $196.80
34 0261-671-02 $196.80
1039 / 2006 EXHIBIT "5" Page 1 of 4
Assessment No. Parcel No. or Lot No. Assessment Amt.
35 0261-671-03 $196.80
36 0261-671-04 $196.80
37 0261-671-05 $196.80
38 0261-671-06 $196.80
39 0261-67] -07 $196.80
40 0261-671-08 $196.80
41 0261-671-09 $196.80
42 0261-671-10 $196.80
43 0261-671-11 $196.80
44 0261-671-12 $196.80
45 0261-671-13 $196.80
46 0261-671-14 $196.80
47 0261-671-15 $196.80
48 0261-671-16 $196.80
49 0261-671-17 $196.80
50 0261-671-18 $196.80
51 0261-671-19 $196.80
52 0261-671-20 $196.80
53 0261-67]-21 $196.80
54 0261-671-22 $196.80
55 0261-671-23 $196.80
56 0261-671-24 $196.80
57 0261-661-33 $196.80
58 0261-661-34 $196.80
59 0261-661-35 $196.80
60 0261-661-36 $196.80
61 0261-661-37 $196.80
62 0261-661-38 $196.80
63 0261-661-39 $196.80
64 0261-661-40 $196.80
65 0261-671-25 $196.80
66 0261-671-26 $196.80
67 0261-671-27 $196.80
68 0261-671-28 $196.80
69 0261-671-29 $196.80
70 0261-671-30 $196.80
71 0261-671-31 $196.80
72 0261-671-32 $196.80
73 0261-671-33 $196.80
1039 / 2006 EXHIBIT "5" Page 2 of4
Assessment No. Parcel No. or Lot No. Assessment Amt.
74 026] -671-34 $196.80
75 0261-671-35 $196.80
76 026] -671-36 $196.80
77 0261-66] -4 I $196.80
78 0261-66] -42 $196.80
79 026] -661-43 $196.80
80 0261-661-44 $196.80
81 0261-661-45 $196.80
82 0261-661-46 $196.80
83 0261-661-47 $196.80
84 0261-661-48 $196.80
85 0261-671-37 $]96.80
86 0261-67] -38 $196.80
87 0261-671-39 $196.80
88 0261-671-40 $196.80
89 0261-67] -41 $196.80
90 026] -67] -42 $196.80
9] 0261-671-43 $196.80
92 0261-671-44 $196.80
93 0261-67] -45 $196.80
94 026] -671-46 $196.80
95 0261-671-47 $196.80
96 0261-67] -48 $196.80
97 0261-661-49 $196.80
98 0261-661-50 $196.80
99 0261-66] - 5 ] $196.80
100 0261-661-52 $196.80
10] 0261-661-53 $196.80
102 0261-661-54 $]96.80
103 0261-661-55 $196.80
104 0261-661-56 $196.80
105 0261-671-49 $196.80
]06 026] -671-50 $196.80
107 0261-671-51 $196.80
108 0261-671-52 $196.80
109 026]-671-53 $]96.80
] 10 0261-671-54 $196.80
111 0261-671-55 $196.80
112 0261-671-56 $196.80
1039 / 2006 EXHIBIT "5" Page 3 of4
Assessment No. Parcel No. or Lot No. Assessment Amt.
113 0261-671-57 $196.80
114 0261-671-58 $196.80
115 0261-661-57 $196.80
1]6 0261-66] -58 $196.80
] 17 026] -661-59 $196.80
1]8 0261-661-60 $196.80
] 19 0261-66] -6] $] 96.80
]20 0261-66 ] -62 $] 96.80
12] 0261-661-63 $196.80
]22 026] -661-64 $] 96.80
]23 0261-671-59 $196.80
124 026] -671-60 $] 96.80
]25 026] -671-6] $196.80
]26 026] -67] -62 $196.80
]27 0261-67] -63 $196.80
- - ---------
TOTALS: 128 Parcels $24,993.60
1039 / 2006
EXHIBIT "5"
Page 4 of4
1
2
3
4
5
6
7
8
9
10
11
12
RESOLlJTIO~ NO. ~ <<)) fP> V
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 IRVINGTON A VENUE AND CHESTNUT 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. 1039; PRELIl\IINARIL Y APPROV1NG 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
13
maintenance assessment district within the City, to be known as Assessment District No. 1039,
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Irvington A venue and Chestnut A venue area Landscape Maintenance Assessment District.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDIl'IO 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. 1039, the boundaries of which are generally as follows:
The centerline of Belmont on the northeast; the centerline of Magnolia A venue on
the northwest; the centerline ofIrvington A venue on the southwest; the easterly line
of that certain 45 foot easement reserved to the City of San Bernardino for
recreational trails, being a portion of vacated Chestnut A venue, together with the
full right of way boundaries at the intersections of Belmont A venue and vacated
28
~o.l?
/0 /3 (606-
09/13/05
1
2
3
4
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, 1;\/ THE lRVINGTON
A VENUE AI\D CHESTNUT A VENUE AREA (AD 1039).
Chestnut A venue and the intersections of Irvington A venue and Chestnut A venue;
5
and also together with that certain landscape easement dedicated to the City of San
6
7
8
9
10
11
Bernardino for landscape maintenance across the most north\-vesterly corner of Lot
44 of tract No. 13307; and also together within easements granted to the City of San
Bernardino for landscape maintenance across the northwesterly 15 feet of Lot 30
and Lots 66 through 70 of said Tract No. 13307.
Reference is hereby made to the Engineer's Report on file in the office of the City Clerk of said
12
City for a map of the boundaries of said district, a description of the maintenance, an estimated cost
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 southerly side of Belmont
A venue, the easterly side of l\1agnolia A venue; and' the trail system and all appurtenances
including landscaping, entry monuments and hardscaping within and along vacated Chestnut
A\enue and exercise stations along said trail system, vvithin and adjacent to Tract No. 16443. The
estimated cost of said maintenance for the first year, incl uding incidental costs, less general benefit
amounts, is $24,993.60.
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
09/13/05
2
27
28
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
RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT
I:\'VESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE IRVINGTO:\'
A VENUE AND CHESTNUT A VENUE AREA (AD 1039).
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 thereot: and Lot "A" of said Tract No. 16443, 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 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 \vhen 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
26
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
09il3/05
3
24
25
26
27
28
1
2
3
4
5
6
7
8
9
10
11
RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENAl'lCE
ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE IRVINGTON
A VENUE AND CHESTNUT A VENUE AREA (AD 1039).
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
12
full particulars.
13
14
15
16
17
18
19
20
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 Monday, November 7, 2005, at
the hour of 4:00 p.m., and that a public hearing will be held on Monday, November 21,2005, 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
necc:ssity 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
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Mayor and Common Council should proceed with ordering the above described improvements. At
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said public meeting and public hearing, any person may appear and file objections rdative to the
proposc:d 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., November 21, 2005. Each protest must be signed by the
09/13/05
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RESOLl'TION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AJ\D MAJORITY PROTEST ACT OF \93\. IN THE IRVINGTO:'\
A VEMJE AND CHESTNUT A VENUE AREA (AD 1039).
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 21,2005. 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 retumed 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 21. 2005, 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. "D" Street, San
Bernardino. California. 92418.
SECTIOl" 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
pmposed improvement district.
SECTION 8. The City Clerk is hereby authorized and directed to publish a copy of this
09 13/05
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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 IRVINGTON
A \.ENUE AND CHESTNLT AVENUE AREA (AD 1039).
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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09/13/05
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RESOLUTIOI'I 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 IRVINGTON
A VENUE AI'ID CHESTNUT A VEI'IUE AREA (AD 1039).
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
held on the
day of
meeting thereof
, 20 , by the following vote, to-wit:
NAYS
ABSTAIN
Council Members: AYES
ESTR.t...DA
LONGYILLE
\ICGI1\1NlS
DERRY
A<)
10
KELLEY
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JOHNSON
l'vICCAM\lACK
ABSENT
City Clerk
19 The foregoing resolution is hereby approved this _ day of
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Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
,
By: ~..~fpv- J.
/) !
'-
..,
I
j '/"-'1'
.,y ~
,
09113/05
,20_
JUDITH Y ALLES, Mayor
City of San Bernardino
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
-,,'
Meeting Date (Date Adopted): I 0/7" 0 5 Item #
Vote: Ayes ~ Nays
Change to motion to amend original documents 0
lb
Resolution #
Absent
Abstain
Companion Resolutions
,!J{)OS'.' 73 I
NulllVoid After:
days /
PUBLISH 0
POST 0
RECORD W/COUNTY 0
Note on Resolution of attachment stored separately: 0
Resolution # On Attachments: 0
I
Date Sent to Mayor: _\ ,0 1,-\ / 0 '" /
r /
Date of Mayor's Signature: -lQ /~) .~O/) //'
Date of Clerk/CDC Signature: ~ 0 i ~)- D\
Date Memo/Letter Sent for Signature:
151 Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
By:
Reso, Log Updated: ~
Seal Impressed: 6' /
Reso, # on Staff Report IT
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234,655,92-389):
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Y ./
es
Yes
By_
By_
By_
NOJ- By_
No JBy_
No
No /-
No../"
Yes
Yes
Yes
EDA Information Services 0
Facilities Parks & Recreation 0
Finance Police Department 0
Fire Department Public Services 0
Water Department 0
Others:
Notes:
i
R<o,dy to Fi1,1-
Date: ~ 0/ G ( C<
Revised 12/18/03