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HomeMy WebLinkAbout20-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Development Services Subject: Authorization to proceed and Resolution ofIntention--- formation of a Landscape Maintenance Assessment District in the Acacia A venue and Hill Drive Area (Tract No. 10260). From: James Funk, Director Date: October 17,2005 File No. 14.40-130 Synopsis of Previous Council Action: 10/21/1985 - Tract Map No. 10260 was approved, with conditions. MCC Date: 11-07-2005 09/19/2005 - Resolution No. 2005-323 was adopted approving the standard form of agreement for Tract No. 10260 with Gardner Construction and Development, Inc. 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 Acacia Avenue and Hill Drive area (Tract No. 10260), to be known as Assessment District No. 1040; AND 2. Adopt Resolution. ~~k 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: 4 Source: (Acct. No.) 254-000-2301-6027 (Acct. Description) Assessment District Deposits Finance: Council Notes: ~Y'7. ~()05 ~37,+- Agenda Item No. ;to 11/1/05" 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 Acacia A venue and Hill Drive Area (Tract No. 10260). BACKGROUND: On October 21,1985, Tract Map No. 10260, located at the north of Hill Drive, and east and west of Acacia Avenue was approved with conditions. At that time, the development was owned by John C. Heers, Inc., but was never developed. Subsequently, the development was acquired by Gardner Construction and Development, Inc. and a new standard form of agreement with Gardner was approved on September 19,2005. A petition for the formation of a Landscape Maintenance Assessment District was submitted to the City on November 1, 2004 by Gardner Construction and Development, Inc., and the formation fee of $4,000 was paid on June 10, 2004. The petition represents 100% of the property owned and proposed to be assessed within the Assessment District. Part of the conditions, as approved and amended, includes the installation of landscaping along the southerly and westerly sides of the Tract and the maintenance of a fuel modification area along the northerly portion of the Tract, within San Bernardino County Flood Control property. The developer, on behalf of the City of San Bernardino, has acquired a permitJrom the San Bernardino County Flood Control District to enter into the Flood Control property for the purpose of maintaining the fuel modification area. Initially, Tract No. 10260 consisted of 47 single family lots. One of the Lots (Lot 2) was deemed to be non-buildable due to its size and terrain and a portion was subsequently combined with Lot 1 and a portion with Lot 3, reducing the total lots to 46. The annual cost of maintenance and incidentals will be spread across these 46 lots. Part of the formation proceedings includes the preparation of an Engineer's R~port, which details the costs necessary to carry out the ongoing maintenance of landscaping and is attached for your review. As required by law, only a special benefit may be assessed to propertie.s 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, all of the proposed maintenance has been determined to be 100% special benefit to the lots within the district and all of the costs will be assessed accordingly. The estimated first year's cost of maintenance is $35,667 and will be spread across the 46 lots within the District. The estimated annual maintenance cost per lot will be $775. 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. , The attached Resolution of Intention sets a public meeting for December 5, 2005, and a public hearing for December 19, 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. Presently, 12 lots have been sold and no more than 22 lots will be released for sale prior to the public hearing. Thus, a majority protest is not 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 $35,667, will be assessed back to property owners within the Assessment District. RECOMMENDATION: Staff recommends that authorization be given to proceed with the formation of a Landscape Maintenance Assessment District in the Acacia Avenue and Hill Drive area to be known as Assessment District No. 1040 (Tract No. 10260), and that the attached Resolution ofIntention be adopted. ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1040 (Acacia Avenue and Hill Drive Area Landscape Maintenance Assessment District) CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA File No. 14.40-130 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION Prepared October 3, 2005 Engineer's Report - AD 1040 TABLE 1 ESTIMATED FIRST YEAR'S COST SUMMARY Assessment District No. 1040 (Acacia Avenue and Hill Drive Area Landscape Maintenance Assessment District) Description of Costs Quantity Unit CostlUnit Annual Cost Q R S T U Maintenance of Groundcover /Shrubs/Irril!ation 72,665 Sq.Ft. 0.20 $ 14,533.00 Maintenance of SBFCD Fuel-Mod thinning area 97,480 Sq.Ft. 0.10 $ 9,748.00 TOTAL AREA OF MAINTENANCE (A+B) 170,145 Sq.Ft. - - Maintenance of Trees / Irril!ation 1 L.S. 1,000.00 $ 1,000.00 Water and Enerl!v Costs 72,665 Sq.Ft. 0.08 $ 5,813.20 Weekly Inspection (Iabor,overhead) (Total Annual Hrs) 52 Hours 30.00 $ 1,560.00 Annual Assmt. Engineering (Iabor+overhead) 5 Hours 33.00 $ 165.00 Contract Adminstration (Iabor+overhead) 15 Hours 22.00 $ 330.00 Incidentals (materials, supplies, other costs) 1 L.S. 100.00 $ 100.00 Outside Denartment Services (Iabor+overhead) 1 L.S. 400.00 $ 400.00 Subtotal (A+B+E+F+G+H+I+J) $ 33,649.20 General Benefit Calculations: Area of Maintenance - Sq.Ft. Percent of Total Area (Q/ C) Rounded - % Proportioned cost of Total Cost (K*R) $ - General Benefit Percental!e - % General Benefit Amount Not Assessable (R*S) - $ - $ - Subtotal $ 33,649.20 Estimated Interest for non-prefunded amounts* 6 Percent $ 2,018.95 Subtotal $ 35,668.15 Adjustment (Rounding for Assessment Roll) $ (0.21) TOTAL FIRST YEAR'S ESTIMATED COSTS $ 35,667.94 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 + Total Assessment Units = Cost per Assessment Unit thus $35,667,94 +46 = $775.39 per Assessment Unit per year Engineer's Report-AD 1040 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. 1040 (Acacia Avenue and Hill Drive Area Landscave Maintenance Assessment District) iO/; 7/0"- , ;%J Date Mark Lancaster, R.C.E., City Engineer Engineer's Report - AD 1040 ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1040 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. 1040, 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 1040 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS /ENGINEERlNG DIVISION ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1040 (Acacia Avenue and Hill Drive Area Landscape Maintenance Assessment District) PETITION -- On November I, 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 along portions of the southerly and westerly sides of Tract No. 10260 and the fuel- modification area located in San Bernardino County Flood Control property along the northerly side of said Tract No. 10260. The signatures on the petition represent 100% of the property owners of the parcels within the proposed boundaries of the district. This petition was the result of a requirement placed upon the developer of Tract No. 10260 by the City to relieve the City from having to maintain the areas of landscaping and assess the costs of said landscaping to those properties receiving the benefit of said maintenance. AUTHORIZATION -- On November 7, 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. 1040 (Acacia Avenue and Hill Drive 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 June 10,2004, 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/or permit areas and no maintenance will be carried out on private property. DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained include landscaping within slopes along the southerly sides of Lots 23 through 29, the westerly side of Lots 20 through 23, the easterly and westerly sides of Acacia A venue, all within Tract No. 10260; and the fuel modification area within San Bernardino County Flood Control Property located adjacent to and northerly of Lots 10 through 19 of said Tract No. 10260. Engineer's Report - AD 1040 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. 1040 and are generally described as follows: The southerly, easterly and westerly lines of Tract No. 10260, and along the northerly line of the fuel modification area lying within San Bernardino County Flood Control District property on the north, as described in San Bernardino County Permit No. P-22005070 to the City of San Bernardino, dated September 2, 2005, and future extension of said permit, as may be granted by the County of San Bernardino. VICINITY MAP -- A vicinity map showing the general location of the proposed Assessment District is attached as Exhibit "1". DISTRICT BOUNDARY MAP -- A proposed Boundary Map has been prepared and is on file in the office ofthe City Clerk. A reduced copy of the District Boundary Map is attached as Exhibit "2". DISTRICT DIAGRAM .- A proposed Diagram of the Assessment District has been prepared and will be filed with the City Clerk after preliminary approval of this Report and will be filed with the County Recorder and recorded in the office of the City Engineer after final approval of this Report, confirmation of the Assessment Roll and Resolution Ordering Work. A reduced copy of the Assessment District Diagram is attached as Exhibit "3". NOTICE OF EXEMPTION -- a "Notice of Exemption" declaring a Categorical Exemption was prepared and will be filed with the Clerk of the Board of Supervisors of San Bernardino County upon formation of the District. No further environmental proceedings will be necessary. A copy of the Notice of Exemption is attached as Exhibit "4". METHOD OF ASSESSMENT AND DETERMINATION OF BENEFIT -- Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties in the area is determined to be equal to the number of residential units that utilize the landscaped areas either as ingress and egress or by actual physical use of the land as in the cases 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 (1 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 Engineer's Report-AD 1040 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. Based on the City of San Bernardino's current circulation element of its General Plan, this portion of Acacia A venue is designated as a local street. All other landscaping is within easements or permit areas not located along any public street, thus 100% of the cost of landscaping maintenance and appurtenances, is deemed to be of special benefit and assessable to the lots within the Assessment 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. It has been determined that the San Bernardino County Flood Control property will not receive any benefit from the maintenance under the Assessment District and will not be assessed. 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. Engineer's Report - AD 1040 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 46 single family parcels within Tract No. 10260, 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 46 parcels within Tract No.1 0260 and is shown as Exhibit "5". FUTURE APPORTIONMENTS -- In the event that the assessment units, as determined under Method of Assessment, change for any parcel(s) during the term of the Assessment District, the assessment amount for that parcel(s) will change accordingly. Any increases based solely on change in parcel size, land use or density, which would result in an increase of assessment units, will not be subject to a public hearing as long as the formula for determining the assessments as described is applied. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, such reapportionments do not require the recording of an amended Diagram Map. FUTURE INCREASES -- Due to the nature 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 1040 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" LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1040 No Scale 5th St. Mill St. VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1040 - Acacia Avenue and Hill Drive Area (Tr. 10260) Created by: ~ - Date: ~ indicates un-incorporated areas ~ within City's Sphere of Influence EXHIBIT "1" ASSESSMENT BOUNDARY ASSESSMENT DISTRICT NO. 1040 ACACIA A VENUE AND HILL DRIVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO """,,""""-"'':.~-...... ~."..".,,;. c:/>; ,'. b'f'o ~\ , .J. ~;,p"'''' IS" ~~c:P,,,, / ~"'''~1<Y'? I ~~U"'I.?'\. (, '" '::" ;I '" ~:"" '~ ;' I 10 ;' 'It/((, /' ~'-7:""'" ) / -'Ol//v. ~' tY.o<j " ''"':) Filed in lhe office otthe Cily Clerk inlheCityofSanBemanflno this_dayo! 20_ RACHEL CLARK City Cieri<, Cily of San Bernardino ~ 20_ Iherebycllrtlfylhallhewllhinmapshowinglheproposed boundarills 01 Assessmll!ll D;slricl No. 10<40oflheCilyolSan Bernardino, County of San Bertlardino;"Sia\e ofCalIlomia, was approved by lho! City Council 01 lhe Cilyof San 6emardino al II regular meeling thereof. held onlhe_dayof 20 .byResoMon No and wasflled in tr.e offJCe of Ihe County RecorderorSanBerNlrdlnoCounly, SlalllofCallfomle, onlhe ~dayof 20_inBook _,pag.e(s) of Maps of Assessmenl and Community Facilities Oislricts San Bernardino County Recorders Certificate . VICINITY MAP APPROVED ThiS map has been filed ullder Document Number this day of 20-,at_min Book of atpag;-- ,attherequestof em"",""" CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION DRAWING NO, 11321 RACHEL CLARK, Cily CI"rk, City of San Bemardioo in the amountof$ ACACIA A VENUE AND HILL DRIVE AREA LANDSCAPING MAINTENANCE ASSESSMENT D1STRICf SHEET ....L IF .....L.$lUT$ LEGEND ASSESSMENT DISTRICT BOUNOA.RY SHO'w'N THUSl ----------- Larry Walker Auditor-ControllerlRecorder County of San Bernardino By: Deputy Recorder EXHIBIT "2" ASSESSMENT DIAGRAM ASSESSMENT DISTRlCT NO. 1040 ACACIA A VENUE AND HILL DRlVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRlCT IN THE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO = ~ = o F. ~ U ~ ~ :; / 'It/((...... j' ).......,. r....... / .......o-\'/v. ~' ~llONOF ASSESSMENT DISTRICT . VICINITY M~P LEGEND: ASSESSMENT DISTRICT BOUNDARY SHO~ THUS: AREA OF MAINTENANCE SHO~ THUS: EZ22'22l FUEL-MOO THINNING AREA SHO~ THUS: ~ APPROVED 20_ em DGKEll DRAI/ING NO. 11321A CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION ACACIA AVENUE AND HILL DRIVE AREA LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT $HEEl....LCF .....l..-StaTS Filed in the office afthe City Clerll in the Cily of San Bemardinothis_ dayar 20_ RACHEL CLARK CityClerl<,CilyofSanBeIT'olW'Olno I hereby cert~y that the mar> showinlllhe proposed tloundar\es for Assessment District No. lliQ,in the City of SIlO Bernardino. Counlyof San~no, SIBI., of California, was approved by the Mayor and Common CounclI of1he City of SanBemardinoalllregulllrmeeliroglherO/Qf,heldon1he_dayof 20_ by Rnolu1ioo No IIndhasbee'lf'lediJltheolflceol1heCounly RecorderofSanBerr\llrdjnoCOl.lnlyonlhe~dayof 2<l in Book pagels) of Maps o;:;;:;sessment and Communly Facilities Oislricts- RACHEL ClARK. CilyClark,CityofSanBemard'no RecordO!<l in the office of the Clly Englneerlhjs day of 20 ~ San Bernardino County Recorders Certificate CITY ENGINEER Cilyof SlIn Bemil/'llillll This map has been filed under Document Number this day of 20-,at.m in Book of at page-- at the request of An assessm..nt was I..vi..d by!twl Mayor and ConvnOll Ca.Jrd1 of Ihe City at SlIn B..mardillll on lh.. lots, pi..ces, IInd Plll'c..ls oflheland shov<<! OIl lhis IIss11ssmllntdiagram SlIidass..ssm..nl.....as levledgnlhll_llayof ,2(l~!twl8Ss11ssmllnldiagramaoc:lltw assessmenlrollwllrere<:ordlldinlhlloffic..oftheCityEngineerofsaidCityOll lhe day or , 20 Referenc.. is made to lhe~trollre<:ordedinth..officeofIheC~net!fforlhe..xllCt IImountofeBChassessmllntlevilldllgainstellch~oflandshownOllthis IIssessmentdiag'am intheamounlof$ Larry Walker Auditor -ControllerlRecorder Counly of San Bernardino RACHEL ClARK CityClerl<,CilyofSanBemardillll By Deputy Recorder EXHIBIT "3" r " 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.1 040 Project Location-Specific: TRACT No. 10260 - ACACIA AVENUE AND HILL DRIVEAREA 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 Name of Person or Agency Carrying out Project: CITY OF SAN BERNARDINO Exem"Et Status: (check one) U Ministerial (Sec. 21080(b)(1); 15268); D Declared Emergency (Sec. 21080(b)(3); 15269(a)); D Emergency Project (Sec.21080(b)(4); 15269(b)(c)); ex Categorical Exemption. State type and section number: Class 1 15301 te) 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 Property Supervisor 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 1040 ACACIA A VENUE AND HILL DRIVE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Assessment No. Parcel No. or Lot No. Assessment Amt. 0 0270-05 I - I 9 $0.00 0270-25 I -26 $775.39 3 0270-25 I -27 $775.39 4 0270-251-03 $775.39 5 0270-251-04 $775.39 6 0270-251-05 $775.39 7 0270-251-06 $775.39 8 0270-25 1-07 $775.39 9 0270-25 I -08 $775.39 10 0270-25 I -09 $775.39 11 0270-251-10 $775.39 12 0270-251- I I $775.39 13 0270-251-12 $775.39 14 0270-251-13 $775.39 15 0270-251-14 $775.39 16 0270-251-15 $775.39 17 0270-25 I -16 $775.39 18 0270-251-17 $775.39 19 0270-251-18 $775.39 20 0270-251-19 $775.39 21 0270-241-01 $775.39 22 0270-241-02 $775.39 23 0270-241-03 $775.39 24 0270-241-04 $775.39 25 0270-241-05 $775.39 26 0270-24 I -06 $775.39 27 0270-241-07 $775.39 28 0270-241-08 $775.39 29 0270-241-09 $775.39 30 0270-241-10 $775.39 31 0270-241-1 I $775.39 32 0270-241-12 $775.39 33 0270-241-13 $775.39 34 0270-241-14 $775.39 35 0270-241-15 $775.39 1040 / 2006 EXHIBIT "5" Page 1 of2 Assessment No. Parcel No. or Lot No. Assessment Amt. --------------- 36 0270-241-16 $775.39 37 0270-241-17 $775.39 38 0270-241-18 $775.39 39 0270-251-20 $775.39 40 0270-251-21 $775.39 41 0270-251-22 $775.39 42 0270-251-23 $775.39 43 0270-251-24 $775.39 44 0270-251-25 $775.39 45 0270-241-19 $775.39 46 0270-241-20 $775.39 47 0270-241-21 $775.39 TOTALS: 47 Parcels $35,667.94 1040 / 2006 EXHIBIT "5" Page 201'2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. <<: 0 [p Y 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 ACACIA AVENUE AND HILL DRIVE AREA WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1040; 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. 1040, Acacia Avenue and Hill Drive area Landscape Maintenance Assessment District. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, the Mayor and Common Council of said City hereby 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. 1040, the boundaries of which are generally as follows: The southerly, easterly and westerly lines of Tract No. 10260 and the northerly line of the fuel modification area lying within San Bernardino County Flood Control District property on the north, as described in San Bernardino County Permit No. P-22005070 to the City of San Bernardino, dated September 2, 2005, and future extension of said permit, as may be granted by the County of San Bernardino. 11/01/05 '1l 1) .20 1/ / 7//JJ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION 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 ACACIA AVENUE AND HILL DRIVE AREA (AD 1040). Reference is hereby made to the Engineer's Report on file in the office of the City Clerk of said City for a map of the boundaries of said district, a description of the maintenance, an estimated cost of the maintenance, and a proposed assessment roll which Report and Assessment District Map are 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 within slopes along the southerly sides of Lots 23 thro\lgh 29, the westerly side of Lots 20 through 23, the easterly and westerly sides of Acacia Avenue, all within Tract No. 10260; and the fuel modification area within San Bernardino County Flood Control Property located adjacent to and northerly of Lots 10 through 19 of said Tract No. 10260. The estimated cost of said maintenance for the first year, including incidental costs is S35,667.94. 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, within the boundaries of the Assessment District and Assessor's Parcel No. 0270-051-19, 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 II/OliOS 2 RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE 1 ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE ACACIA 2 A VENUE AND HILL DRIVE AREA (AD 1040). 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 vvill 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 11/01/05 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION 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 ACACIA AVENUE AND HILL DRIVE AREA (AD 1040). case of taxes levied for property taxes. Said assessments will be collected in perpetuity, or until terminated by the Mayor and Common Council. Reference is made to said Engineer's Report for full particulars. SECTION 6. NOTICE IS HEREBY GIVEN that a public meeting will be held before the Mayor and Common Council of the City of San Bernardino on Monday, December 5,2005 at the hour of 4:00 p.m., and that a public hearing will be held on Monday, December 19,2005, 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 193 I 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 OJ 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., December 19, 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 condusion of said public hearing on December 19,2005. 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 sho\\'11 on the ballots returned in opposition to the assessment is greater 11/01/05 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION 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 ACACIA AVENUE AND HILL DRIVE AREA (AD 1040). 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 December 19,2005, 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. I I/O I/05 5 RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE 1 ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTlGA TlON, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE ACACIA 2 AVENUE AND HILL DRIVE AREA (AD 1040). 3 4 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a thereof held on the day of 7 vote, to-wit: 8 9 10 11 12 13 14 15 16 17 18 19 Council Members: A YES NAYS ABSTAIN ESTRADA LONGYILLE r-.rCGINNIS DERRY KELLEY JOI-INSON MCCAMMACK meeting , 20_, by the following ABSENT City Clerk 20 The foregoing resolution is hereby approved this _ day of 21 22 23 24 25 26 27 28 Approved as to form and legal content: JAMES F. PENMAN, City ( \ ,20_" JUDITH Y ALLES, Mayor City of San Bernardino 6 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM '" Meeting Date (Date Adrpted): J \..1 ,0) Vote: Ayes \,; Nays "lOoe; ; 7 '1 -- Itom # JD Ro"qtiOn # 0\ - 0- Abstain 4 Absent Companion Resolutions Change to motion to amend original documents 0 NulINoid After: days/ Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 POST 0 /CORDW/COUNTY 0 Date Sent to Mayor: \ \, ~ f 0) I\;\~/O~/ ;/ Date of Clerk/CDC Signature: 1 \ -( 01 0\ PUBLISH 0 By: Reso. Log Updated: 6 Seal Impressed: Y' / Reso. # on Staff Report ~ Date of Mayor's Signature: Date Memo/Letter Sent for Signature: 1 st Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: 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): Yes No~By_ No I By _ No/ By_ NOZ~~_ No By _ Yes Yes Yes Yes Copies Distributed to: Animal Control City Administrator City Attorney Code Compliance EDA Information Services 0 Parks & Recreation 0 Police Department 0 Public Services 0 Water Department 0 Facilities Finance Others: Fire Department Notes: /' Ready to File: V ,,/ / /' 11--1 i oS Date: Revised 12/18/03