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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Development Services
Subject: Authorization to proceed and
Resolution of Intention--- formation of a
Landscape Maintenance Assessment District
in the Palm A venue and Irvington A venue
area (Tract Nos. 15940 and 16457).
From: JAMES FUNK, Director
Date: September 27, 2005
File No. 14.40-134
Synopsis of Previous Council Action:
04/18/2005 - Tract Nos. 15940 and 16457 were approved, with conditions.
MCC Date: 10-17-2005
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 Palm Avenue and Irvington Avenue area (Tract Nos. 15940 and 16457), to
be known as Assessment District No. 1043 Zonel and Zone 2; AND
2. Adopt Resolution.
~ ~!:i1J ;rr;
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: (Acct. No.) 254-000-2301-0000
(Acct. Description) Assessment District Deposits
Finance:
Council Notes: PI,,- ;AbOS... 310
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 Palm Avenue and Irvington Avenue area (Tract Nos. 15940 and
16457).
BACKGROUND:
On April 18, 2005, Tract No. 15940, located on the east side of Palm Avenue, north of
Irvington Avenue, and Tract No. 16457, located on the west side of Palm Avenue, north of
Irvington Avenue were approved. John Laing Homes, the developer of the tract, submitted a
petition on behalf of the owner for the formation of a landscape maintenance assessment district,
as one of the conditions of approval for both tracts. 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 District will contain two zones based upon
the benefit received. The areas to be maintained by the district will be the landscaping along
portions of the west side of Palm Avenue, the north side ofIrvington Avenue, and along portions
of Blue Mountain Street within Tract No. 15940 for Zone 1; and along portions of the north side
of Irvington A venue, the west side of Olive A venue, the east side of Mount Carmela Lane, the
west side of Eagles Glen Street, and the east and west sides of Mt. McKinley Way, within Tract
No. 16457 for Zone 2. The developer has paid the required $4,000 formation fee.
Tract No. 15940 (Zone 1) consists of 41 single family lots. The annual cost of maintenance and
incidentals will be spread across these 41 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 set forth in the Engineer's
Report, the estimated annual assessment for Zone 1 is $238 per single family lot. Tract No.
16457 (Zone 2) consists of 47 single family lots. The estimated annual assessment per single
family lot for this zone is $394. Zone 2 has proportionally larger areas of landscaping and thus a
higher proposed assessment. Since a portion of the landscaping along Palm Avenue in Zone 1 is
along a secondary arterial, a portion of the landscaping costs cannot be assessed to the District
since this portion has been determined to be of a general benefit, as defined in said Engineer's
Report. This amount is estimated to be $673.70 annually, and will need to be funded from the
general fund or other non-district funding source.
The attached Resolution of Intention sets a public meeting for November 21, 2005, a public
hearing for December 5, 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. 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
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, with the exception of $673.70 determined to
be general benefit. This amount will need to be funded from the general fund or other non-
district funding source.
RECOMMENDATION:
Staff recommends that authorization be given to proceed with the formation of a Landscape
Maintenance Assessment District in the Palm Avenue and Irvington Avenue area (Tract Nos.
15940 and 16457) and that the attached Resolution of Intention be adopted.
LOCA nON OF
PROPOSED ASSESSMENT
DISTRICT NO. 1039
No Scale
5th St.
Mill St.
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1043 -Palm
Avenue and Irvington Avenue Area (Zone
1 - Tr. 15940 / Zone 2 - Tr. 16457)
~ indicates un-incorporated areas
I:WZl within City's Sphere of Influence
Created by:
Date: 'fhJ!6r
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1043
(Palm Avenue and Irvington Avenue Area - Zone 1 and Zone 2)
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
File No. 14.40-134
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
Prepared September 15,2005
Engineer's Report - AD 1043
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1043
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.1 043
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
Engineer's Report-AD 1043
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS /ENGINEERING DIVISION
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1043
(Palm Avenue and Irvington Avenue Area Landscape Maintenance Assessment District)
PETITION -- On October 8, 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 within portions of Tract No. 15940 and Tract No. 16457. 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 Nos. 15940 and 16457 by the City to
relieve the City from having to maintain the areas of landscaping.
AUTHORIZATION -- On October 17, 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.1 043 (Palm Avenue and Irvington Avenue Area
Landscape Maintenance Assessment District) pursuant to the provisions of San Bernardino City Municipal
Code Chapter 12.90 and this Report has been prepared and is hereby submitted pursuant to said provisions and
in accordance with Resolution of Intention No. adopted by the Mayor and Common
Council of the City of San Bernardino on the day of
ADVANCE OF ESTIMATED COSTS OF PROCEEDINGS -- On October 11,2004, 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.
ESTABLISHMENT OF ZONES - The formation of the Assessment District will include the establishment
of Zone 1 and Zone 2 within the District. Zones are sometimes established based on the need to separate areas based
upon the special benefit received by each area. Zone 1 consists of Tract No. 15940 and Zone 2 consists of Tract No.
16457.
Engineer's Report - AD J 043
DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained are as follows:
Zone 1: Landscaping and all appurtenances along portions of the west side of Palm Avenue, the north side
of Irvington Avenue and along portions of the north and south side of Blue Mountain Street all within the
boundaries of Tract No. 15940.
Zone 2: Landscaping and all appurtenances along portions of the north side ofIrvington Avenue; The east
side of Mount Carmela Lane, the west side of Olive Avenue, the west side of Eagles Glen Street, the north side of
Muir Mountain Way, and the east and west sides of Mt. McKinley Way, all within the boundaries of Tract No.
16457.
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. 1043 and are generally described as follows:
Zone 1: The centerline of Palm Avenue to the east; the centerline ofIrvington A venue to the south; the
north and west lines of Tract No. 15940 to the north and to the west, respectively.
Zone 2 : The centerline of Palm Avenue to the west; the centerline ofIrvington A venue to the south; the
centerline of Olive Avenue to the east; the north line of Tract No. 16457 to the north.
VICINITY MAP -- A vicinity map showing the general location of the proposed Assessment District is
attached as Exhibit "I".
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".
Engineer's Report - AD 1043
METHOD OF ASSESSMENT AND DETERMINATION OF BENEFIT -- Landscaping and its proper
maintenance enhances the esthetics of any given area and the benefit received by the owners of properties in the
area is determined to be equal to the number of residential units that utilize the landscaped areas either as ingress
and egress or by actual physical use of the land as in the cases of large open areas. The boundaries of the proposed
district are drawn with this in mind and the Resolution of Intention delineates the specific areas of maintenance
which will benefit all of the properties within the boundaries. Thus, each residential lot or unit, be it a single family
lot, a condominium or an apartment will be assessed an equal share in the cost of maintenance (l residential lot or
unit = 1 Assessment Unit).
The benefit received by the parcels within the boundaries of the district is determined to be of more than
ordinary public benefit, thus each parcel within the district being assessed receives a special benefit from the
improvements. If property not within the boundaries of a district also receives some benefit from the improvements,
consideration must then be given to a general benefit given by the improvements, which may not be assessed to the
parcels within the district. Since the installation and maintenance of the landscaping and establishment of an
assessment district for the maintenance of the landscaping is specific and incidental to this development, it is 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 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 for the various street classifications.
Zone 1: This portion of Palm A venue is classified as a secondary arterial street, and represents 68%
of the total area to be maintained; thus 10% of 68% of the total cost of maintenance is deemed to be general
benefit and will not be assessed to the District. All other streets within Zone 1 are deemed to be local streets
and 100% of the costs of maintenance is deemed to be special benefit and will be assessed to the Zone 1.
Engineer's Report-AD 1043
Zone 2: All of the streets within Zone 2 are classified as a local streets, and represents 100% of the total area
to be maintained and 100% of the total cost of maintenance is deemed to be special benefit and will be assessed
to the Zone 2.
The areas of general benefit will be paid from the City's General Fund or other non-Assessment District source of
funding.
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. 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 for Zone 1 and Table 2 sets forth the estimated costs of the first year's
maintenance for Zone 2. 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 41 single family parcels within Tract No. 15940 (Zone 1), and
47 single family parcels within Tract No. 16457 (Zone 2) with each parcel representing 1 assessment unit as
described under Method of Assessment, and assessments are spread accordingly. No further subdivision of the
parcels is anticipated. An Assessment Roll representing the estimated first year's maintenance costs has been
prepared for the 41 parcels within Tract No. 15940 (Zone 1) and the 47 parcels within Tract No. 16457 (Zone 2)
is shown as Exhibits "s" and "SA", respectively.
'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
Engineer's Report - AD 1043
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.
Engineer's Report-AD 1043
TABLE 1
ESTIMATED FIRST YEAR'S COST SUMMARY
Assessment District No. 1043
Zone 1 (Tract No. 15940)
( Palm A venue and Irvington A venue Area Landscape Maintenance Assessment District)
Description ofCusts
Quantity
Unit
Cost/Unit Annual Cost
Q
R
S
T
U
Maintenance of Tnrf I Irrigation 22,770 So.Ft. 0.25 $ 5,692.50
Maintenance ofGronndcover IShrubs/Irrigation - Sq.Ft. 0.25 $ -
TOTAL AREA OF MAINTENANCE (A+B) 22,770 Sq.Ft. - -
Maintenance of Trees I Irrigation 1 L.S. 500.00 $ 500.00
Water and Energy Costs 22,770 Sq.Ft. 0.10 $ 2,277 .00
Weekly Inspection (Iabor,overhead) (Total Annnal HI's) 26 Hours 30.00 $ 780.00
Annual Assmt. Engineering (Iabor+overhead) 5 Hours 33.00 $ 165.00
Contract Adminstration (Iabor+overhead) 8 Hours 22.00 $ 176.00
Incidentals (materials, supplies, other costs) 1 L.S. 100.00 $ 100.00
Outside Department Services (Iabor+overhead) I L.S. 200.00 $ 200.00
Subtotal (A+B+E+F+G+H+I+J) $ 9,890.50
General Benefit Calculations:
Area of Maintenance 15,510 Sq.Ft.
Percent of Total Area (QI C) Rounded 68.12 %
Proportioned cost of Total Cost (K*R) $ 6,737.01
General Benefit Percentage 10.00 %
General Benefit Amount Not Assessable (R*S) 673.70 $ (673.70)
Subtotal $ 9,216.80
Estimated Interest for non-prefundcd amounts* 6 Percent $ 553.0 I
Su btotal $ 9,769.81
Adjustment (Rounding for Assessment Roll) $ (0.33)
TOTAL FIRST YEAR'S ESTIMATED COSTS $ 9,769.48
A
B
C
D
E
F
G
H
t
J
K
NOTE: The Unit Costs in the above table are based on an accumulated average of actual costs from prior
years.
* Estimate based on full year's interest. Interest charged only on portions that are not pre-funded by the prior years
assessments as stated above. Rate varies based on City's average earnings as stated above.
ASSESSMENT CALCULATION -- Applying the Method of Assessment and Assessment Spread described above,
the following formula is used to determine the assessment amount per Assessment Unit:
Total Costs 7- Total Assessment Units = Cost per Assessment Unit
thus
$9,769.48 7- 41 = 238.28 per Assessment Unit per year
Engineer's Report ~ AD 1043
TABLE 2
ESTIMATED FIRST YEAR'S COST SUMMARY
Assessment District No. 1043
Zone 2 (Tract No. 16457)
( Palm A venue and Irvington A venue Area Landscape Maintenance Assessment District)
Description o/Costs
Quantity
Unit
Cost/Unit Annual Cost
G
H
f
J
K
Maintenance of Turf I Irri2:ation 46,495 S q .Ft. 0.25 $ 11,623.75
Maintenance of Groundcover IShrubs/Irri~ation . S qFt. 0.20 $ .
TOTAL AREA OF MAINTENANCE (A+B) 46,495 S q .Ft . .
Maintenance of Trees I Irriestion I L.S. 50.00 $ 50.00
Water and Enerev Costs 46,495 S q .Ft. 0.10 $ 4,649.50
Weekly Inspection (Iabor,overhead) (Total Annnal Hrs) 26 Hours 30.00 $ 780.00
Annual Assmt. Eneineerine (Iabor+overhead) 3 Hours 33.00 $ 99.00
Contract Adminstration (Iabor+overhead) 6 Hours 22.00 $ 132.00
Incidentals (materials, supplies, other costs) 1 L.S. 50.00 $ 50.00
Outside Denartment Services (Iabor+overhead) 1 L.S. 100.00 $ 100.00
Subtotal (A+B+E+F+G+H+I+J) $ 17,484.25
General Benefit Calculations:
Area of Maintenance S q .Ft.
Percent of Total A rea (QI C) Rounded %
Proportioned cost of Total Cost (K*R) $ .
General Benefit Percentaee . %
General Benefit Amonnt Not Assessable (R*S) - $ -
Subtotal $ 17,484.25
Estimated Interest for non-prefunded amounts. 6 Percent $ 1,049.06
Subtotal $ 18,533.31
Adjustment (Rounding for Assessment Roll) $ (0.26 )
TOTAL FIRST YEAR'S ESTIMATED COSTS $ 18,533.04
A
B
C
D
E
F
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 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
$18,533.04 7- 47 = $394.32 per Assessment Unit per year
Engineer's Report - AD 1043
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. 1043 (Palm Avenue and Irvine:ton Avenue
Landscape Maintenance Assessment District).
q~t1~O(
a
Date
Mark Lancaster,
City Engineer
Engineer's Report ~ AD 1043
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 Rolls (FY 2006/2007)...... Exhibit "5" & "SA"
LOCA TlON OF
PROPOSED ASSESSMENT
DISTRICT NO. 1039
No Scale
5th St.
Mill St.
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1043 -Palm
Avenue and Irvington Avenue Area (Zone
1 - Tr. 15940 / Zone 2 - Tr. 16457)
~ indicates un-incorporated areas
~ within City's Sphere of Influence
Created by:
Date:
EXHIBIT "1"
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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. "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
Project Title: ASSESSMENT DISTRICT NO. 1043 Zone 1 and Zone 2
Project Location-Specific: TRACT Nos. 15940 and 16457 - PALM AVENUE AND IRVINGTON AVENUE
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. 210BO(b)(1); 1526B);
D Declared Emergency (Sec. 210BO(b)(3); 15269(a));
D Emergency Project (Sec.210BO(b)(4); 15269(b)(c));
ex Categorical Exemption. State type and section number: Class 1 15301 (e) Res.90-217,See. B2e
D 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? DYes D No
Signature:
Date:
Title: Real Prooertv Suoervisor
GI Signed by Lead Agency
D 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
2006 / 2007 ASSESSMENT ROLL - AD 1043 ZONE 2
PALM A VENUE AND IRVINGTON AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (ZONE 2)
Assessment No. Parcel No. or Lot No. Assessment Amt.
0 TR. 16457 Lot A $0.00
I TR. 16457 Lot-I $394.32
2 TR. 16457 Lot-2 $394.32
3 TR. 16457 Lot-3 $394.32
4 TR. 16457 Lot-4 $394.32
5 TR. 16457 Lot-5 $394.32
6 TR. 16457 Lot-6 $394.32
7 TR. 16457 Lot-7 $394.32
8 TR. 16457 Lot-8 $394.32
9 TR. 16457 Lot-9 $394.32
10 TR. 16457 Lot-10 $394.32
II TR. 16457 Lot-I I $394.32
12 TR. 16457 Lot-12 $394.32
13 TR. 16457 Lot-13 $394.32
14 TR. 16457 Lot-14 $394.32
15 TR. 16457 Lot-15 $394.32
16 TR. 16457 Lot-16 $394.32
17 TR. 16457 Lot-17 $394.32
18 TR. 16457 Lot-I 8 $394.32
19 TR. 16457 Lot-19 $394.32
20 TR. 16457 Lot-20 $394.32
21 TR. 16457 Lot-21 $394.32
22 TR. 16457 Lot-22 $394.32
23 TR. 16457 Lot-23 $394.32
24 TR. 16457 Lot-24 $394.32
25 TR. 16457 Lot-25 $394.32
26 TR. 16457 Lot-26 $394.32
27 TR. 16457 Lot-27 $394.32
28 TR. 16457 Lot-28 $394.32
29 TR. 16457 Lot-29 $394.32
30 TR. 16457 Lot-30 $394.32
31 TR. 16457 Lot-31 $394.32
32 TR. 16457 Lot-32 $394.32
33 TR. 16457 Lot-33 $394.32
34 TR. 16457 Lot-34 $394.32
104322 / 2006 EXHIBIT "5" Page I of2
Assessment No. Parcel No. or Lot No. Assessment Amt.
--------
35 TR. \6457 Lot-35 $394.32
36 TR. 16457 Lot-36 $394.32
37 TR. \6457 Lot-37 $394.32
38 TR. \6457 Lot-38 $394.32
39 TR. \6457 Lot-39 $394.32
40 TR. \6457 Lot-40 $394.32
4\ TR. \6457 Lot-4\ $394.32
42 TR. \6457 Lot-42 $394.32
43 TR. \6457 Lot-43 $394.32
44 TR. \6457 Lot-44 $394.32
45 TR. \6457 Lot-45 $394.32
46 TR. \6457 Lot-46 $394.32
47 TR. \6457 Lot-47 $394.32
TOTALS: 48 Parcels $18,533.04
1043Z2 / 2006
EXHIBIT "5"
Page 2 of2
CITY OF SAN BERNARDINO
PROPOSED
2006 / 2007 ASSESSMENT ROLL - AD 1043 ZONE 2
PALM AVENUE AND IRVINGTON A VENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (ZONE 2)
Assessment No. Parcel No. or Lot No. Assessment Amt.
--- -
0 TR. 16457 Lot A $0.00
I TR. 16457 Lot-I $394.32
2 TR. 16457 Lot-2 $394.32
3 TR. 16457 Lot-3 $394.32
4 TR. 16457 Lot-4 $394.32
5 TR. 16457 Lot-5 $394.32
6 TR. 16457 Lot-6 $394.32
7 TR. 16457 Lot-7 $394.32
8 TR. 16457 Lot-8 $394.32
9 TR. 16457 Lot-9 $394.32
10 TR. 16457 Lot-IO $394.32
II TR. 16457 Lot-II $394.32
12 TR. 16457 Lot-12 $394.32
13 TR. 16457 Lot-13 $394.32
14 TR. 16457 Lot-14 $394.32
15 TR. 16457 Lot-IS $394.32
16 TR. 16457 Lot-16 $394.32
17 TR. 16457 Lot-17 $394.32
18 TR. 16457 Lot-I 8 $394.32
19 TR. 16457 Lot-19 $394.32
20 TR. 16457 Lot-20 $394.32
21 TR. 16457 Lot-21 $394.32
22 TR. 16457 Lot-22 $394.32
23 TR. 16457 Lot-23 $394.32
24 TR. 16457 Lot-24 $394.32
25 TR. 16457 Lot-25 $394.32
26 TR. 16457 Lot-26 $394.32
27 TR. 16457 Lot-27 $394.32
28 TR. 16457 Lot-28 $394.32
29 TR. 16457 Lot-29 $394.32
30 TR. 16457 Lot-30 $394.32
31 TR. 16457 Lot-31 $394.32
32 TR. 16457 Lot-32 $394.32
33 TR. 16457 Lot-33 $394.32
34 TR. 16457 Lot-34 $394.32
1043Z2 / 2006 EXHIBIT "SA" Page I 01'2
Assessment No. Parcel No. or Lot No. Assessment Amt.
35 TR. 16457 Lot-35 $394.32
36 TR. 16457 Lot-36 $394.32
37 TR. 16457 Lot-37 $394.32
38 TR. 16457 Lot-38 $394.32
39 TR. 16457 Lot-39 $394.32
40 TR. 16457 Lot-40 $394.32
41 TR. 16457 Lot-41 $394.32
42 TR. 16457 Lot-42 $394.32
43 TR. 16457 Lot-43 $394.32
44 TR. 16457 Lot-44 $394.32
45 TR. 16457 Lot-45 $394.32
46 TR. 16457 Lot-46 $394.32
47 TR. 16457 Lot-47 $394.32
--.--------------
TOTALS: 48 Parcels $18,533.04
104322 / 2006
EXHIBIT "SA"
Page 201"2
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RESOLUTIONNO.~fpY
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
LOCA TED IN THE PALM A VENUE AND IRVINGTON A VENUE 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. 1043, ZONE 1 AND ZONE 2; 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. 1043,
Zone I and Zone 2, Palm A venue and Irvington 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 tind 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. 1043, the boundaries of which are generally as follows:
Zone 1: The centerline of Palm Avenue to the east; the centerline ofIrvington Avenue to
the south; the north and west lines of tract No. 15940 to the north and to the west, respectively.
Zone 2 :The centerline of Palm Avenue to the west; the centerline of Irvington
Avenue to the south; the centerline of Olive Avenue to the east; the north line of
Tract No. 16457 to the north.
Reference is hereby made to the Engineer's Report on file in the office of the City Clerk of said
09/27/05
No, J~
J O/; 7) Dj-
RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
1 ASSESSMENT DISTRICT IN THE PALM A VENUE AND IRVINGTON A VENUE AREA (AD 1043,
ZONE I AND ZONE 2)
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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
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 as follows: Zone 1: Landscaping and all appurtenances along portions
of the west side of Palm Avenue, the north side ofIrvington Avenue and along portions of the north
and south side of Blue Mountain Street all within the boundaries of Tract No. 15940. Zone 2:
Landscaping and all appurtenances along portions of the north side of Irvington A venue; The east
side of Mount Carmela Lane, the west side of Olive Avenue, the west side of Eagles Glen Street,
the north side of Muir Mountain Way, and the east and west sides ofMt. McKinley Way, all within
the boundaries of Tract No. 16457. The estimated cost of said maintenance for the first year,
including incidental costs are as follows: $9.769.48 for Zone 1; and $18.533.04 for Zone 2.
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 those portions and related costs determined to be of general benefit as
stated in said Engineer's Report. All public lands, streets or alleys, or portions thereof within said
Assessment District boundaries 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
09/27/05
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE PALM A VENUE AND IRVINGTON A VENUE AREA (AD 1043,
ZONE 1 AND ZONE 2)
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 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
09/27/05
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE PALM A VENUE AND IRVINGTON A VENUE AREA (AD 1043,
ZONE 1 AND ZONE 2)
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 21, 2005, at the hour
of 4:00 p.m., and that a public hearing will be held on December 5, 2005, 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
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., December 5, 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
formation of the district until the conclusion of said public hearing on December 5, 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
09/27/05
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE PALM A VENUE AND IRVINGTON A VENUE AREA (AD 1043,
ZONE 1 AND ZONE 2)
as stated herein.
If by the conclusion of said public hearing on December 5, 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.
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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09/27/05
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE PALM A VENUE AND IRVINGTON A VENUE AREA (AD 1043,
ZONE I AND ZONE 2)
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
Council Members: A YES
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
meeting thereof
,20_, by the following vote, to-wit:
NAYS
ABSTAIN
ABSENT
City Clerk
The foregoing resolution is hereby approved this _ day of
Approved as to form
and legal content:
JAMES F. PENMAN,
City torney
09/27/05
,20_,
JUDITH V ALLES, Mayor
City of San Bernardino
6
-*.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adop.ted)jO, n /0) ./ Item # J Lf
Vote: Ayes -.Cl Nays
Change to motion to amend original documents D
:;oor; - )l/O
Abstain
Resolution #
Absent
Companion Resolutions
NulINoid After: days /
Resolution # On A.ttachments: D
PUBLISH ~ POST D
Note on Resolution of attachment stored separately: D
RECORD W/COUNTY D By:
Date Sent to Mayor:
Date of Mayor's Signature:
Date ofClerk/CDC Signature:
Date Memo/Letter Sent for Signature:
1 st Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
/'
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 D EDA
City Administrator D, Facilities
City Attorney E1" Finance
Code Compliance D Fire Department
Development Services ~) Human Resources
Others:
D
~..
D
D
Reso. Log Updated: ;6",
Seal Impressed: ~
"
Reso. # on Staff Report Q/
Not Returned: D
Yes
Yes
Yes
Yes
Yes
No
No/
No /
---r
No~ By___
No /' By_
By_
By_
By_
Information Services D
Parks & Recreation D
Police Department D
Public Services D
Water Department D
Notes:
i;i.~ I
( I
Ready to File: _~
. 1/
Date: IV,;)1 1-- b ~
Revised 12/18/03