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HomeMy WebLinkAbout13-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: October 21, 2005 Subject: Authorization to proceed and Resolution of lntention--- formation of a Landscape Maintenance Assessment District in the Northpark Boulevard and Northstar Avenue area (Tract No. 16865). From: JAMES FUNK, Director Dept: Development Services File No. 14.40-138 Synopsis of Previous Council Action: MCC Date: 11-21-2005 09/08/2004 - Tentative Tract No. 16865 was approved, with conditions. Recommended Motion: 1. That the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment District in the Northpark Boulevard and Northstar Avenue area (Tract No. 16865 ), to be known as Assessment District No. 1046; AND 2. Adopt Resolution. ~JrJ< - Contact person: LASZLO "Les" FOGASSY Phone: 5026 Supporting data attached: Staff Report, Maps, Ward: 5 Engineers Report, Reso. FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees paid by applicant) Source: (Acct. No.) 254-000-2301-6034 (Acct. Description) Assessment District Deposits Finance: Council Notes: Rr:<rl 2.COS- 3'8 ~ Agenda Item No. IlTfiJos 13 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Authorization to proceed and Resolution of Intentionm formation of a Landscape Maintenance Assessment District in the Northpark Boulevard and Northstar Avenue area (Tract No. 16865). BACKGROUND: On September 8, 2004, the Planning Commission approved Tentative Tract No. 16865, located on the south side of Northpark Boulevard, west of Little Mountain Drive. Drake Development, 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 this tract. 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 south side of Northpark Boulevard and along portions of Northstar Avenue within the westerly slopes of Lots 19 and 15. The developer has paid the required $4,000 formation fee. When the final map for Tract No. 16865 records, it will consist of 19 single-family lots. The annual cost of maintenance and incidentals will be spread across these 19 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 is $293 per single family lot. Since Northpark Boulevard is designated 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 $213 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 January 9, 2006, a public hearing for January 23,2006, 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 homebuyers will be given a disclosure notice by the developer, advising them of the existence of an assessment district and the proposed annual cost. FINANCIAL IMP ACT: 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 $213 determined to be general benefit. This amount will need to be funded from the general fund or other non-district funding source. RECOMMENDA nON: Staff recommends that authorization be given to proceed with the formation of a Landscape Maintenance Assessment District in the Northpark Boulevard and Northstar A venue area (Tract No. 16865) and that the attached Resolution of Intention be adopted. ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1046 NOR THP ARK BOULEVARD AND NOR THST AR AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO ~' ~ Q \ ~-~..~-i ./'\. ,<1> \ /' . \ -p--\.." ~,,'<1>/)., ,./#" , , CD " " ~, . /A, //\ '/#" <l) -- ...0 J1. ~ ...\ ~ ' /#"/ , t,.1> "\.,@-- . "b /~ ,..A '%. '"' " /#" ,__ t /.... -t, ~,0, \" ~. t.. /" \. 13 \ .., M ....P. III III \ 0 V ~ ./\, .<i> '\ '--. ~' /, ' /#" -- ~" ",(!)/-\ / /#" @ 'r(" Z . ,'" ; ~ 0 ~ \/~/ 0 I @ ~ ~...11) U1 " .... BOULP" - "Al~D ---'---.,..- ~ Fikld In the ol'flce of the CltyClerk in the C.yol San ~mardlnothls_ day 01 ,20_, RACHEL CLARK, CRy Oel1<. C~y of San Bernardino PalTION (l' GOI{RN"ENT lOT 38 T.! N.. R.4 w. UNUsro SECTIONS I hereby certify thai Ihe map showing lheproposad boundaries for Assessment District No. 1046 In the CRy of San Bemardm, CoIInty of San Bernardino, Stale of Califomia-:wa8 approved by the Mayor and Conmon Council of the City of San Bemardlflo at a regularmoolhg thereol,held on the _dayol ,20-, by Resolutlorl No . and hasbeenftled in the office oflhe County Recorder of San Bernardino Counly on the day of .201n8~ page(s)_ol Maps o'i"ASSessmenl and COmmunMy FacllllNls Districts. RACHEL CLARK, City Clerll, C~y of San Bernardino Recordedi1theofllceof\tleC~yEnglneertllis_dayof ,20_ CITY ENGINEER C~yofSanBemardino An assessmenl was levied by the Mayor and CommOfl Coum:1 of the Clly of San 8eman:Hoo on the lots, pieces, and parcels of the land shown on this assessment diagram. Sald assessment was levied on the _ day of ,20 : tI1e assessment dlagram and the assessmenl roll were recorded ;U;; office of the Cily Engineer of !laid City Ofl the_dayof .20_Referencelsmadeto theassessmenlroll recorded In \tie ofllce oflhe City Engineer forlhe exact amount of each assessment levied against each pan::el of land sho'M'l OIl this assessmenldlagram. LUCATIUN UF ASSESSMENT DI5TRll'T ~ RACHEL ClARK. Cily Clerll, C~y of San Bemardino ASSESSMENT DISTRICT BOLNDAAY StiJ'w'N THUS. AREAS CF MAINTENANCE SHlVN THUS.~ ASSESSMENT NUMBERS SHIlVN THUS. CD '''''.'''ED 20 San Bernardino County Recorder's Certificate This map has been filed under Document Number this day of 20 ,at m in Book of at page , at the request of =- in the amountof$ . CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION DRAWING NO. 11593A VICINITY MAP NORTIIPARK BOULEVARD AND NORTHSTAR AVENUE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT ..., ...L.. ....1-...,. larryWalker Auditor-Controller/Recorder County of San Bernardino By. Deputy Recorder LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1046 ~ No Sco.le Bo.se Line St. 5th St. Mill St, VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1046 - Northpark Boulevard and Northstar Avenue Area (Tr. 16865) ~ indica. tes un-incorpora. ted ~ a.rea.s within City's Sphere of Influence Created by: Date: ENGINEER'S REPORT jor ASSESSMENT DISTRICT NO. 1046 (Northpark Boulevard and Northstar Avenue Area Assessment District) CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA File No. 14.40-138 CITY OF SAN BERNARDINO DEP ARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION Prepared October 21, 2005 Engineer's Report - AD 1046 ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1046 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.1 046, 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 1046 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS /ENGINEERING DIVISION ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1046 (Northpark Boulevard and Northstar Avenue Area Assessment District) PETITION -- On August 25, 2005, 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 along portions of North park Boulevard and portions of Northstar Avenue within Tract No. 16865. 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. 16865 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 21,2005, 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~ 1046 (Northpark Boulevard and Northstar 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 August 25,2005, 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 along portions of the south side of North park Boulevard and along portions of North star Avenue within the westerly slopes of Lots 15 and 19, all within Tentative Tract No. 16865. 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 Engineer's Report - AD 1046 installation of any landscaping. DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the Assessment Boundary Map of Assessment District No. 1046 and are generally described as follows: The centerline of Northpark Boulevard on the north and the westerly and the easterly lines of Tentative Tract No. 16865. 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 of the City Clerk. A reduced copy ofthe 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 ofthe 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 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 ofthe assessment district, except as follows: Engineer's Report - AD 1046 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 Northpark Boulevard is designated as a major arterial street and represent 26% of the total maintenance area; thus 15% of26% of the total costs of mainetance is deemed to be general benefit, and not assessable to the District. Northstar A venue is deemed to be a local street, thus 100% of the cost of landscaping maintenance and appurtenances along this portion of the District 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. No publicly owned lands are located within the boundaries of the Assessment District. All public streets and rights of way are exempt from assessments. METHOD OF FINANCING -- The estimated cost of the first year's maintenance shall be assessed against the properties involved within the current fiscal year or the fiscal year following the establishment of the district. Depending upon when the costs are assessed and when the actual maintenance is assumed by the City, this assessed amount can be used as a source of pre-funding the first year's maintenance contract and incidental costs. Once the City has assumed the responsibility for the maintenance, the properties may be assessed in advance each year thereafter to establish a source of pre-funding each year's costs, or may be assessed for the actual contract and incidental costs plus interest. Interest will be included in the assessment costs for any amounts or portions not pre- funded through previous assessments. If there is a surplus from the estimated assessment in the event costs are pre- funded through previous assessments, any such surplus shall be applied as a credit to the following year's assessment or placed in a reserve fund to cover future increases or maintenance until such reserves are depleted. The assessment, whether pre-funded or not, shall be levied, collected and enforced in the same manner, at the same time, and with the same penalties and interest as in the case of taxes levied for property taxes. Table I sets forth the estimated costs of the first year's maintenance. No Bonds will be sold relative to this Assessment District. Engineer's Report - AD 1046 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 is one single parcel within the proposed District Boundaries representing 19 Assessment Units. Upon recordation of the final map for Tract No. 16865, there will be 19 single family parcels within the District, with each parcel representing 1 assessment unit as described under Method of Assessment, and assessments are spread accordingly. An Assessment Roll representing the estimated first year's maintenance costs for the current one parcel configuration and the 19 parcel subdivision has been prepared and is shown as Exhibit "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 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~nd 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 1046 TABLE 1 ESTIMATED FIRST YEAR'S COST SUMMARY Assessment District No. 1046 (Northpark Boulevard and Northstar Avenue Area Landscape Maintenance Assessment District.) Description of Costs Quantity Unit Cost/Unit Annual Cost Q R S T U - Maintenance of Groundcover IShrubslIrril!ation 9,560 Sq.Ft. 0.20 $ 1,912.00 Maintenance of Tu rf and Irri~ation - Sq.Ft. - $ - TOTAL AREA OF MAINTENANCE (A+B) 9,560 So.Ft. - - Maintenance of Trees I Irri~ation I L.S. 500.00 $ 500.00 Water and Enerl!v Costs 9,560 So.Ft. 0.08 $ 764.80 Weeklv Inspection(labor,overhead) (Total Annual Hrs) 52 Hours 30.00 $ 1,560.00 Annual Assmt. Enl!.ineerinl!. (Iabor+overhead) 5 Hours 33.00 $ 165.00 Contract Adminstration (Iabor+overhead) 12 Hours 22.00 $ 264.00 Incidentals (materials, supplies, other costs) I L.S. 100.00 $ 100.00 Outside Denartment Services (Iabor+overhead) I L.S 200.00 $ 200.00 Subtotal (A+B+E+F+G+H+I+J) $ 5,465.80 General Benefit Calculations: Area of Maintenance 2,460 So.Ft. Percent of Total Area (QI C) Rounded 26.00 % Proportioned cost of Total Cost (K*R) $ 1,421.11 General Benefit Percenta~e -. 15.00 % General Benefit Amount Not Assessable (S'T) 213.17 $ (213.17) $ (213.17) Subtotal $ 5,252.63 Estimated Interest for non-prefunded amounts' 6 Percent $ 315.16 Subtotal $ 5,567.79 Adjustment (Rounding for Assessment Roll) $ (0.03) TOTAL FIRST YEAR'S ESTIMATED COSTS $ 5,567.76 A B C o E F G H I 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 $5,567.76 + 19 = $293.04 per Assessment Unit per year Engineer's Report - AD 1046 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. 1046 (Northvark Boulevard and Northstar Avenue Area Landscave Maintenance Assessment District). , ! ' IC-U~-C~ /1tdtj:C<<~~-t~ Mark Lancaster, R.C.E., City Engineer Date Engineer's Report - AD 1046 List of Exhibits 1. Vicinity Map..................................................... 2. Reduced copy of Boundary Map....................... 3. Reduced copy of Assessment District Diagram 4. Copy of "Notice of Exemption"......................... 5. Proposed Assessment Roll (FY 2006/2007) Current Configuration. . . . . . . . . . . . . . . . . . . . . . . . Subdivided Configuration.................... Exhibit "1" Exhibit "2" Exhibit "3" Exhibit "4" Exhibit "5" Exhibit "SA" LOCA TlON OF PROPOSED ASSESSMENT DISTRICT NO. 1046 ~ No Sco.le Base Line St. 5th St. VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION , Proposed Lo.ndsco.pe Mo.inteno.nce AssessMent District No, 1046 - Northpo.rk Boulevo.rd o.nd Northsto.r Avenue Areo. CTr, 16865) Created by: Date: lohrtoJ ~ indico. tes un-incorporo. ted ~ o.reo.s within City's Sphere of Influence EXHIBIT "1" LOCATION OF ASSESSMENT DISTRICT ASSESSMENT BOUNDARY ASSESSMENT DISTRICT NO. 1046 NORTHPARK BOULEVARD AND NORTHSTARAVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO PORn()j~ CCMJlN\IEHT lOT 38 11 N., R.4 W. UNUSED SEC11Cl<S Filed in the office of the City Clerk in the City of San Bemardino this__dayof .2{)~. RACHEL CLARK. City Clerk. City of San Bernardino ~ ~. '6> 1> .~ "'0 ~t, 'b' \ / ~~ I hereby certify that the within map showing the proposed Doundaries of Assessment District No. 1039 of the City of San Bernardino, County of San Bemardino:sr;ie of California. was approlled by the City Council of the City of San Bernardino at a regular meeting thereof, held on the day of ,20 ,byResolulion No . and was filed in the office of the County Recorder of San Bernardino County, State of California. on the ~dayof ,20_inBook ~_, page(s) of Maps of Assessmenl arid Community Facilities Districts RACHEL CLARK, City Clerk, City of San Bernardino ~ z o 0; ~ '" San Bernardino County Recorder's Ceroflcate ASSESSWEHT DISTRICT IIJJHDARY $t(]\lN TtlJS< This map has been filed under Document Number this day of 20 ,al mm Book of at page at the request of """""'. .. CITf_ in the amountofS DRAIJING I\(]. 11593 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION Larry Walker Auditor-Controller/Recorder County of San Bernardino .. .... ...L.. -1......... Deputy Recorder NORTHPARK BOULEV ARD AND NORTHSTAR AVENUE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT By VICINITY MAP EXHIBIT "2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1046 NORTHPARK BOULEVARD AND NORTHSTAR A VENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO LOC\TION OF ,\SSESSMEi'JT DI~'TRICT Filed ;"the office oflhe C~.,. C1e<1< '" lhe City~ San&-nll'dinohs_ da."ol 20 FlACHELCLARK, CiryCIeIit,CityofSaneerr.dino PGlTION rE OO_T lOT J8 T.l N., R.4 W. lHls<D SECTIONS I hereby cartlfy lhalltle map showing \he proposed boundalie5 for Asseumefll OiSInCl No 10.46 lflthe City of San B.~ino. County of San Bemanmo, Slate ofCalifcmla-;-W;S approvad by Ihe Mayor and Cormlc:roCouncilollheCilyol Sa"Bilmllrdinoatil"lJU~m..li"lllh<<eof,heklonlhe_daycrl 20 . by RellOllllionNo and hast;;;;;'f~1td in Ihe ollieeollho County Recorder of San Bemard,rIO County on It'le_ORYcJ 20 i"Book paoge(s)_ of Mllp5 oi"'A5'Senm.nland COrnmunty FlICilotNls Dislt\ClS ~ ~. .'" 1> 'z, "''& /' -~ ~. \ " '&~ RACHEL ClARK Ciryerer\<, Cilyof SanBemartliro:J RewnJlIdmlheotrleeDftheCllyEogioeerlhls~dIlyaf '" CITY ENGINEER Cily of San Bemanli'lo ~ '" '" An assessmenl was levied l:Iy the MaVOl and Common Cr.lord of IN City 01 San Bem8rtl.ngon !helots, pieces. andparcelsol"-lrCI~onhs auessmenldi&gr","_ Saidulessm....IW"~on...._dayol 20 ~ 1M auusmanldiagnlmand!he 8Ss.ssmenlrollW<lf1lre<::orde4inlheolflc.ofIheCity~ofsaldOtyon lhoi!~aayof ,2lI_ReferenceismaclelO lI\easlessmentroUrecordellitltt-.omc.(lfIheCityE~forlhlrelUlCl &mcum Qf ..ach lIueurnenllevied .'111 each pan::elollllrllllh<-. ""ttvs i1Siessmenldtlq;Jm ~ RACHEL ClARK C'lyClerll. cay 01 San Bemardino ASSESSWENT DISTRICT IIIJJNDNlY SI-IlIJN THJs. ARE~S tF MAINTOW<<:E SHJVN THUS. ~S$(SSMENT NUMBERS SHJlJN TK.JS, CD -. San Bernardino County Recorder's Certificate ThiS map has been filed under Document Number this day of 20 ,at Book of at page at the request of .. on intheamountof$ CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVlSION DRAWING til. 11593A VICINITY MAP NORTHPARK BOULEVARD AND NORTHSTAR AVENUE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT ..., ~.. -Looun Larry Walker Auditor-ControlleriRecorder Coonty of San Bernardlllo By Deputy Recorder EXHIBIT "3" , "'" 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.1 046 Project Location-Specific: TRACT No. 16865 - NORTHPARK BOULEVARD AND NORTHSTAR 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); 15268); o Declared Emergency (Sec. 21080(b)(3); 15269(a)); o Emergency Project (Sec.21080(b)(4); 15269(b)(c)); ex Categorical Exemption. State type and section number: Class 1 15301(c) Res.90-217,Sec. B2c o Statutory Exemptions. State code number: Reason why project is exempt: ESTABLISHMENT PROCEEDINGS FOR ASSESSMENT DISTRICT TO PROVIDE FUNDING SOURCE FOR MAINTENANCE OF LANDSCAPING Lead Agency Contact Person: LASZLO FOGASSY Area CodelTelephone/Extension: (909) 384-5026 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? 0 Yes 0 No Signature: Date: Title: Real Property Supervisor GI Signed by Lead Agency o Signed by Applicant Date received for filing at OPR: ... ~ EXHIBIT "4" PLAN10.05 (5-90) Rev ENG (5-97) Page 1 of 1 CITY OF SAN BERNARDINO PROPOSED 2006 / 2007 ASSESSMENT ROLL - AD 1046 NORTH PARK BOULEVARD AND NORTHSTARAVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Assessment No. Parcel No. or Lot No. 0266-131-24 TOTALS: 1 Parcels 1046 / 2006 EXHIBIT "5" Assessment Amt. $5,567.76 $5,567.76 Page I of I Assessment No. TOTALS: 1046 / 2006 CITY OF SAN BERNARDINO PROPOSED ON SUBDIVISION 2006 / 2007 ASSESSMENT ROLL - AD 1046 NORTHPARK BOULEY ARD AND NORTHSTAR A YENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Parcel No. or Lot No. 2 3 4 5 6 7 8 9 \0 II 12 13 14 15 16 17 18 19 TR. 16865 Lot-I TR. 16865 Lot-2 TR. 16865 Lot-3 TR. 16865 Lot-4 TR. 16865 Lot-5 TR. 16865 Lot-6 TR. 16865 Lot-7 TR. 16865 Lot-8 TR. 16865 Lot-9 TR. 16865 Lot-IO TR. 16865 Lot-II TR. 16865 Lot-12 TR. 16865 Lot-13 TR. 16865 Lot-14 TR. 16865 Lot-15 TR. 16865 Lot-16 TR. 16865 Lot-17 TR. 16865 Lot-18 TR. 16865 Lot-19 19 Parcels EXHIBIT "SA" Assessment Amt. $293.04 $293.04 $293.04 $293.04 $293.04 $293.04 $293.04 $293.04 $293.04 $293.04 $293.04 $293.04 $293.04 $293.04 $293.04 $293.04 $293.04 $293.04 $293.04 $5,567.76 Page 1 of I 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. C(Q)~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 NORTHP ARK BOULEVARD AND NORTHST AR 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. 1046; 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. 1046, Northpark Boulevard and Northstar Avenue 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.1 046, the boundaries of which are generally as follows: The centerline of Northpark Boulevard on the north and the westerly and the easterly lines of Tract No. 16865. 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 II/OliOS Vl..J) . IS 11/:bI/cJO 1 2 3 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 NORTHPARK BOULEVARD AND NORTHST AR A VENUE AREA (AD 1046). 4 hereby preliminarily approved. 5 6 7 8 9 10 11 SECTION 2. It is the intention of said Mayor and Common Council to order improvements \vithin the district, which improvement shall consist of, but are not limited to the maintenance of landscaping along portions of the south side of Northpark Boulevard and along portions of Northstar Avenue within the westerly slopes of Lots 15 and 19, all within Tract No. 16865.The estimated cost of said maintenance for the first year, including incidental costs is $5,567.76. 12 SECTION 3. Said contemplated work and improvements is of more than local or ordinary 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 pubJic 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 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 10/26/05 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 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 NORTHPARK BOULEVARD AND NORTHST AR A VENUE AREA (AD 1046). each parcel. SECTION 5. The assessment financing alternative to be followed shall be as follows, to-wit: The estimated cost of the first year's maintenance, as set forth in said Engineer's report, shall be assessed against the properties involved within the current fiscal year or the fiscal year following the establishment of the district. Depending on when the costs are assessed relative to when the maintenance is assumed by the City, this assessed amount can be used as a source of pre-funding the first year's maintenance contract and incidental costs. Once the district has assumed the responsibility for the maintenance, the properties shall be assessed each year thereafter to establish a source of pre-funding each year's costs, or for the actual contract and incidental costs. If there are surplus amounts in the event of pre-funding of costs, then such surplus may be applied as a credit to the following year's assessment or retained in a reserve to offset future increases. Interest will be charged on any portion of the assessments which are not pre-funded through previous assessments. The interest rate shall be based upon the average rate of the City's current earnings on invested funds during the period of expenditure. The assessment shall be levied, collected and enforced in the same manner, at the same time, and with the same penalties and interest as in the case of taxes levied for property taxes. Said assessments will be collected in perpetuity, or until terminated by the Mayor and Common Council. Reference is made to said Engineer's Report for full particulars. SECTION 6. NOTICE IS HEREBY GIVEN that a public meeting will be held before the 10/26/05 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 NORTHPARK BOULEVARD AND NORTHST AR A VENUE AREA (AD 1046). Mayor and Common Council of the City of San Bernardino on Monday, January 9, 2006 at the hour of 4:00 p.m., and that a public hearing will be held on Monday, January 23, 2006, at the hour of 4:00 p.m., both in the Council Chambers of City Hall, 300 N. "D" Street, San Bernardino, California for the purpose of determining whether the public convenience and necessity require the formation of the proposed maintenance district without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and whether the Mayor and Common Council should proceed with ordering the above described improvements. At said public meeting and public hearing, any person may appear and file objections relative to the proposed district, the proposed maintenance or the costs thereof. Any person owning property within the proposed district may protest against said district, the proposed maintenance or the costs thereof, by filing a written protest with the City Clerk, 300 N. "D" Street, San Bernardino, California, 92418, prior to 4:00 p.m., January 23, 2006. 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 January 23, 2006. 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\Vl1 on the ballots returned in opposition to the assessment is greater than the total assessment amount of ballots returned in support of the assessment. All ballots must be received in the Office of the City Clerk by no later than the time and date of the public hearing as stated herein. 10/26/05 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 INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE NORTH PARK BOULEV ARD AND NORTHST AR A VENUE AREA (AD 1046). If by the conclusion of said public hearing on January 23, 2006, 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. III III 10/26/05 5 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 NORTHPARK BOULEVARD AND NORTHST AR A VENUE AREA (AD 1046). 1 2 3 4 5 6 7 8 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 vote, to-wit: 9 Council Members: A YES NAYS meeting , 20_, by the following ABSTAIN ABSENT 10 11 12 13 14 15 16 17 18 19 ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK City Clerk 20 The foregoing resolution is hereby approved this _ day of ,20_ JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, :~Y~tV~ 10/26/05 6 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 1~' J ( d) 5' Item # r~ Vote: Ayes /- 1 Nays Resolution # .;2 005 - 3 g "3 Abstain Absent Change to motion to amend original documents D Companion Resolutions Null/Void After: days / Resolution # On Attachments: D Note on Resolution of attachment stored separately: D PUBLISH D POST D RECORD W /COUNTY D By: . ,,') ,---' Date Sent to Mayor: / / '~d - ()'S : Date of Mayor's Signature: 11 r )7 /c~ .-/' Date of Clerk/CDC Signature: 1\-) ;~d)\ Reso, Log Updated: rz( Seal Impressed: ~ / Reso, # on Staff Report QI' Date Memo/Letter Sent for Signature: 1st Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: D 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 , By_ No ~=B~?- NO~y No~ By_ Yes Yes Yes Yes Copies Distributed to: Animal Control EDA D Information Services D D Parks & Recreation D D Police Department D D Public Services D D Water Department D D D ~ Code Compliance D Fire Department Development Services ~ ,..,) Human Resources r\~)'r-- ~Lt",'i)11 ~;7 ;}oJtv1Jt)/ , f . / 1/ 'L Facilities City Administrator City Attorney Finance Others: Notes: / Ready to File:V , / Date: I k)1 r O\~ Revised 12/18/03