HomeMy WebLinkAbout12-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Dept: Development Services
Or'
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Subject: Resolution ofIntention --
California Street and 16th Street area
. . 'IJmdscape Maintenance Assessment District
. . H &.1029-- Tract No. 13822.
Date: December 10,2002
Synopsis of Previous Council Action:
12/90 -- Tract No. 13822 was approved.
File No. 14.40-120
MCC Date: 01-06-2003
12/16/02 - Authorization was given to proceed with the formation of Assessment District No.
1029.
Recommended Motion:
Adopt Resolution.
~&
Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Maps
Eng. Report, Res.
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees to be paid by applicant)
Ward:
6
Source: (Acct. No.) 254-000-2301-0000
(Acct. Description) Assessment District Deposits
Finance:
Council Notes:
~i2c""n t' "Zb,'! S . -"
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of Intention -- California Street and 16th Street area Landscape Maintenance
Assessment District No. 1029-- Tract No. 13822.
BACKGROUND:
In December, 1990, Tract No. 13822, located at the northeast corner of California Street and 16th
Street, was approved. The property was recently acquired from the Redevelopment Agency by
Century Vintage Homes, the developer of this tract. One of the conditions of approval was the
formation of an Assessment District for the maintenance of landscaping along portions of
California Street and along portions of 16th Street, within the boundaries of the tract. This is
being done to assign the costs of maintaining the landscaping to the owners of the properties
most benefiting from the landscape area, and to prevent blight since property owners usually do
not maintain the areas beyond the perimeter block walls of a tract.
A letter requesting the formation of the district was received from the developer, Century
Vintage Homes, along with the processing fee of$4,000.
Tract No. 13822 consists of 38 single family lots. The annual cost of maintenance is estimated to
be $7,021.64, which will be spread across the 38 lots. The annual assessment is estimated at
$184.78. Details of the assessment costs and spread are shown in the attached Engineer's Report.
The attached Resolution sets a public meeting for February 3, 2003 and a public hearing for
March 3, 2003. 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. Since
the majority of the properties are currently under one ownership, no majority protests are
anticipated.
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.
RECOMMENDATION:
Adopt Resolution
5th 51.
Mill 51.
Location of
Proposed
Assessment District
No. 1029
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
PUBLIC WORKS DIVISION
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VICINITY MAP
PROPOSED ASSESSMENT DISTRICT NO.
1029 - CALIFORNIA AND 16TH STREET
AREA LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT
Created by: ~2Id h%~ Date: I fr'~2-
ASSESSMENT BOUNDARY
ASSESSMENT DISTRICT NO. 1029
CALIFORNIA STREET AND 16TH STREET
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
Par. Mt. Vernon Orange Grove & Fruit Co. Lands, M.B. 12/16
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CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
CALIFORNIA STREET AND IbTHSTREET AREA
LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT
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Par. Tract No. 11259 M.B. 156/50-52
LEGEND
ASSESSMENT DISTRICT BOUNDARY",
AREAS Of PROPOSED MMN!ENANOE.
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---
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1029
(California Street and 16th Street Area Landscape Maintenance Assessment District)
in the
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
File No. 14.40-120
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
Prepared December 10, 2002
Engineer's Report - AD 1029
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1029
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.1 028,
were approved and confirmed by the Mayor and Common Council of the City of San Bernardino, County of San
Bernardino, State of California on the _ day of
CITY CLERK
City of San Bernardino
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
Engineer's Report - AD 1029
PUBLIC WORKS /ENGINEERING DIVISION
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1029
(California Street and 16th Street Area Landscape Maintenance Assessment District)
PETITION -- On June 25, 2002, 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 California Street and along portions of 16th Street within Tract No.
13822. 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.
13822 by the City to relieve the City from having to maintain the areas oflandscaping.
AUTHORIZATION -- On December 16, 2002, by action of the Mayor and Common Council of the
City of San Bernardino, the City Engineer and City Clerk were authorized to initiate proceedings for the
formation of Assessment District No. 1029 (California Street and 16th Street 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 25, 2002, 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, or within
easements granted to the City for landscape maintenance purposes and no maintenance will be carried out on private
property.
DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained include landscaping and
all appurtenances along portions of the east side of California Street, north of 16th Street and along portions of the
north side of 16th Street, east of California Street, all within the boundaries of Tract No. 13822.
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.
Engineer's Report - AD J 029
DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the
Assessment Boundary Map of Assessment District No. 1029 and are generally described as follows: The north line
of Tract No. 13822 on the north; the east line of Tract No. 13822 on the east; the centerline of California Street
on the west; and the centerline of 16th Street on the south.
VICINITY MAP -- A vicinity map showing the general location of the proposed Assessment District is
attached as Exhibit "1".
DISTRICT BOUNDAR Y MAP -- A proposed District Boundary Map has been prepared and is on file in
the office of the City Clerk. A reduced copy of the District Boundary Map is attached as Exhibit "2".
DISTRICT DIAGRAM -- A proposed Diagram of the Assessment District has been prepared and will be
filed with the City Clerk after preliminary approval of this Report and will be filed with the County Recorder and
recorded in the office of the City Engineer after final approval of this Report, confirmation of the Assessment Roll
and Resolution Ordering Work. A reduced copy of the Assessment District Diagram is attached as Exhibit "3".
NOTICE OF EXEMPTION -- a "Notice of Exemption" declaring a Categorical Exemption was prepared
and will be filed with the Clerk of the Board of Supervisors of San Bernardino County upon formation of the
District. No further environmental proceedings will be necessary. A copy of the Notice of Exemption is attached
as Exhibit "4".
METHOD OF ASSESSMENT AND DETERMINA TION 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 oflarge 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 (I residential lot or
unit = I 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:
I. Areas of maintenance that front on maior arterial streets, as determined by the Circulation Plan of
the City's General Plan, are determined to be 15% general benefit and the proportional costs thereof
are not assessable to the District.
Engineer's Report - AD 1029
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.
Of the streets along which maintenance is proposed, California Street is classified as a collector street,
and represents 6,554 square feet of maintenance, or 54% of the total area. 16th Street is classified a secondary
arterial street and represents 5,520 square feet of maintenance, or 46% of the total area. Pursuant to the above
determination of benefit, 7.3% (5% of54% + 10% of 46%) of the total cost of maintenance will not be
assessed to the District. The net cost assessable to the District is shown in Table I.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive
no benefit with the exception of public right of way, which is not subject to assessments. There are no publicly
owned lands within the boundaries of the district.
METHOD OF FINANCING -- The estimated cost of the first year's maintenance shall be assessed against
the properties involved within the current fiscal year or the fiscal year following the establishment of the district.
Depending upon when the costs are assessed and when the actual maintenance is assumed by the City, this assessed
amount can be used as a source of pre-funding the first year's maintenance contract and incidental costs. Once the
City has assumed the responsibility for the maintenance, the properties may be assessed in advance each year
thereafter to establish a source of pre-funding each year's costs, or may be assessed for the actual contract and
incidental costs plus interest. Interest will be included in the assessment costs for any amounts or portions not pre-
funded through previous assessments. If there is a surplus from the estimated assessment in the event costs are pre-
funded through previous assessments, any such surplus shall be applied as a credit to the following year's
assessment or placed in a reserve fund to cover future increases or maintenance until such reserves are depleted.
The assessment, whether pre-funded or not, shall be levied, collected and enforced in the same manner, at the same
time, and with the same penalties and interest as in the case of taxes levied for property taxes. Table I sets forth the
estimated costs of the first year's maintenance. No Bonds will be sold relative to this Assessment District.
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.
Engineer's Report - AD 1029
ASSESSMENT ROLL -- Presently there are 38 single family parcels within Tract No. 13822, with each
parcel representing I 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 38 parcels within Tract No. 13822 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 oflandscape 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 1029
TABLE 1
ESTIMATED FIRST YEAR'S COST SUMMARY
Assessment District No. 1029
(California Street and 16th Street Maintenance Assessment District)
Description afCosts
Quantity
Unit
Cost/Unit Annual Cost
Q
R
S
T
U
Maintenance of Turf Ilrrie.ation 12,074 Sa.F t. 0.25 $ ),018.50
Maintenance ofGroundcover IShrubs/Irrie:ation Sa.F t. 0.20 $
TOTAL AREA OF MAINTENANCE (A+B) 12,074 Sa.F t. -
M aintenanc:e of Trees / Irrie:ation 1 LS. 200.00 $ 200.00
Water and Eneq~y Costs 12,074 Sa.F t. 010 $ 1,207.40
Weekly Inspection (Iabor,overhead) (Total Annualll rs) 52 Hours ) 0 .00 $ 1,560.00
Annual Assmt. Engineerine: (Iabor+overhead) 10 Hours ) ) .00 $ ) ) 0 .00
Contract Adminstrlltion (Iabor+overhead) 15 Hours 22.00 $ ) ) 000
Incidentals (materials, supplies. other costs) 1 L S 10000 $ 10000
Outside Department Services (ll'Ibor+overhead) 76 L.S 400.00 $ 400.00
Subtotal (A+B+E+F+G+H+I+J) $ 7,145 90
General Benefit Calculations:
CALIFORNIA STREET..
Are a 0 f M a i n Ie n a nee 6,554 S q.F 1.
Percent of Total Area (L Ie) Rounded 54.00 %
Proportioned cost of Total Cost (K'M) $ ).858 79
General Benefit Percental!e 5.00 %
General Benefit Amount Not Assessable (N"O) 192 .94 $ 1 9 2 .94
16TH STREET.'
Area of Maintenance 5,520 Sa.F t.
Percent of Total Area (QI C) Rounded 46.00 %
Proportioned cost of Total Cost (K'R) $ ) ,28711
General Benefit Percental!e 1000 %
General Benefit A mount Not Assessable (R*S) ) 2 871 $ ) 2 8 71
Total General Benefit Amount to be Deducted (P+U) $ 521.65 $ (521.65)
Subtotal $ 6,62425
Estim ated Interest for non-prefunded amounts* 6 Percent $ ) 9 7.45
Subtotal $ 7,021.70
Adjustment (Rounding for Assessment Roll) $ (0 06)
TOTAL FIRST YEAR'S ESTIMATED COSTS $ 7,021.64
A
B
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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
$7,021.64+38=$184.78 per Assessment Unit per year
Engineer's Report - AD 1029
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 ofthe 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. 1029 (California Street and 16th Street Landscape
Maintenance Assessment District)
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Registered Professional Engineer
Date
Engineer's Report - AD 1029
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 2003/2004)...... Exhibit "5"
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Location of
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
PUBLIC WORKS DIVISION
PROPOSED ASSESSMENT DISTRICT NO.
1029 - CALIFORNIA AND 16TH STREET
AREA LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT
Created by: Date: lif;:)
~ indicates un-incorporated areas
~ within City's Sphere of Influence
EXHIBIT 1
ASSESSMENT BOUNDARY
ASSESSMENT DISTRICT NO. 1029
CALIFORNIA STREET AND 16TH STREET
LANDSCAPE MAINTENANCE ASSESSMENT DiSTRlCT
IN THE
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDiNO
Par. Ml. Vemon Orange Grove & Fruit Co. lands, M,B. 12/16
F~..teo/llcecf!lleCilyOell;..lI'ieCily"'Sarlllemardnl
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Por. Tract No. 11259M.B. 156/50-52
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LOCATION OF
ASSESSMENT DISTRICT
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VICINITY MAP
enTDGllltUl
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
DRAWING
NO.
10598
LEGEND
CALIFORNIA STREET AND H,TII STREIo., AREA
LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT
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EXHIBIT 2
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1029
CALIFORNIA STREET AND 16TH STREET
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
PROPOSED ASSESSMENT DISTRICT BOUNDARY
__AND BOUNDARY OF TRACT NO. 13622 M,B 240149-50-
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Par. Tract No. 11259 M.S. 156/50-52
F'led"'lheofficeotlheCilyClerkiotheCityolSanBemardir>o
thls_dayo! .20_"
RACHEL CLARK.
CilyClerk,CilyofSan8emardino
IherebycertllylhalttlemaJ,lshowillQlhI!P"'l'OS"dboundariesfor
AssessmenIDtstrictNo.~inlneC;tYDfSanBemanlino,
County of San Bernardino, Slale of CaMomia, was a~roved by
Ihe Mayor and Common Counc;l althe City of San Bernardino at a
regular meeting lrn.reof,held on the day of
.20 ,byResolulionNo.
,and MS been filed in lhe 1I11ke oflhe
Counly Reooroer of San Bemamino CountyOllIhe day
01 ,20ineOO.~
page{s) of Maps ot A'SSeSsment aOld Community
FacilitiesOlslricts
RACHEL CLARK,
CilyClerlc,CilyofSanBl!f'l'lardino
Recorded in the office oflhe Cily Engineerlhis_dayof
,20_
CITY ENGINEER
City of San Bemardino
An asse.smenl was levied by the Mayor and Common Council of
the Cily of San Bemardino on the lots, J1iec:es, and pamols oflhe
land shOWll On Ihis assessmenldiagram. Saidassessmentwas
levil!donthe_dayof ,20_,
lheassessmenldiagramandlheassessmenlrollwerereo:>rdedin
theofflceoflheCityEngineerofsaidCityonthe~day
of , 20 Reference is made to the
assessment roll recorded in lheOfflce of the City Engir>eer forlhe
exacl amounl of each assessmenl levOed ag.ainsl each parcel of
land shown On lhis assessment diagram
~
RACHEL CLARK,
City Clerk. Cily of San Bemardino
~.
.
LOCATION OF
ASSESSMENT DISTRICT
"..
APPtlOVED
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VICINITY MAP
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CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
DRA\rItNG
NO.
l0598A
LEGEND
CALIFORNIA STREET AND 16TH STREET AREA
LANDSCAPE MAINTENANCE
ASSESSMENT D1STRICr
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....l.....SHttTS
ASSESSIoIENTDlSlRICT8OtJNOARYSHO'IW4THUS: 1IIIIIImllllllllllllll
ASSESSWDlTHUWeERSSHOIIItIlMUS: @
AREAS IF PIl(lPOSED W......TENANCE SHaIN llIUS: ..
EXHIBIT 3
CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT
NOTICE OF EXEMPTION
FROM: CITY OF SAN BERNARDINO, PLANNING
AND BUILDING SERVICES DEPARTMENT
300 N. "D" STREET
SAN BERNARDINO, CA 92418
TO:
OFFICE OF PLANNING AND RESEARCH
1400 TENTH STREET, ROOM 121
SACRAMENTO, CA 95814
X COUNTY CLERK
COUNTY OF SAN BERNARDINO
385 NORTH ARROWHEAD AVENUE
SAN BERNARDINO, CA 92415
Project Title: ASSESSMENT DISTRICT NO.1 029
Project Location-Specific: TRACT NO. 13822 - East of California Street, North of 161" Street.
Project Location-City: SAN BERNARDINO
Project Location - County: SAN BERNARDINO
Description of project: SBMC 12.90 PROCEEDINGS FOR THE ESTABLISHMENT OF A LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT
Name of Person or Agency Carrying out Project:
CITY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
Name of Public Agency Approving Project:
ExemJlt Status: (check one)
o 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));
[Jl: 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
'Y) ~ :2-
,~
[iii Signed by Lead Agency 0 Signed by Applicant
Date:
Title: Real Property Supervisor
Signature:
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
2003 / 2004 ASSESSMENT ROLL - AD 1029
California & 16th Street area Landscape Maintenance Assessment District
Assessment No. Parcel No. or Lot No. Assessment Amt.
1029 / 2003
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0269-371-43
0269-371-44
0269-371-45
0269-371-46
0269-371-47
0269-371-48
0269-371-49
0269-371-50
0269-371-51
0269-371-52
0269-371-53
0269-371-54
0269-371-55
0269-371-56
0269-371-57
0269-371-58
0269-371-59
0269-371-60
0269-371-61
0269-371-62
0269-371-63
0269-371-64
0269-371-65
0269-371-66
0269-371-67
0269-371-68
0269-371-69
0269-371-70
0269-371-71
0269-371-72
0269-371-73
0269-371-74
0269-371-75
0269-371-76
0269-371-77
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
$184.78
EXHIBIT "5"
Page I of2
Assessment No.
Parcel No. or Lot No.
Assessment Amt.
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0269-371-78
0269-371-79
0269-371-80
$184.78
$184.78
$184.78
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38
TOTALS:
38 Parcels
$7,021.64
1029 / 2003
EXHIBIT "5"
Page 2 of2
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RESOLUTION'NO.
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 CALIFORNIA STREET AND 16TH STREET AREA WITHOUT
COMPLIANCE WITH THE 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.
1029; 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. 1029.
California Street and 16th Street 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. 1029. the boundaries of which are generally as follows:
Generally bounded on the north by the north line of Tract No. 13822; on the south
by the centerline of 16th Street; on the east by the east line of Tract No. 13822; and
on the west by the centerline of California Street.
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
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE CALIFORNIA STREET AND 16TH STREET AREA (AD 1029)
hereby preliminarily approved.
SECTION 2. It is the intention of said Mayor and Common Council to order
improvements within the district which improvements consist of, but are not limited to. the
maintenance oflandscaping and appurtenant facilities along portions of the east side of California
Street and along portions ofthe north side of 1601 Street. all within Tract No. 13822. The estimated
cost of said maintenance for the first year, including incidental costs is $7,021.64.
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. All public streets or alleys. or portions thereof. are hereby excepted from said
assessment.
SECTION 4. The assessment benefit procedure to be followed and the amount to be
assessed against each particular parcel will be based upon the basis of a single residential unit being
one assessment unit and the percentage of costs will be assessed proportional to the percentage of
the total assessment units on each parcel as it relates to the total number of assessments. actual or
by formula. within the district. Reference is hereby made to said Engineer's Report. on file in the
office of the City Clerk of said City for full particulars and proposed assessment amount against
each parcel.
SECTION 5. The assessment financing alternative to be followed shall be as follows.
to-wit:
The estimated cost of the first year's maintenance. as set forth in said Engineer's report. shall be
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE CALIFORNIA STREET AND 16TH STREET AREA (AD 1029)
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
Mayor and Common Council of the City of San Bernardino on February 3.2003, at the hour of
4:00 p.m.. and that a public hearing will be held on March 3. 2003. 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
12/1 0/02
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE CALIFORNIA STREET AND 16TH STREET AREA (AD 1029)
proceed with ordering Ihe 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., March 3, 2003. 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 March 3, 2003. All property
owners within the proposed district will also be mailed ballots which may be used to indicate
support of or opposition to the proposed assessment. A majority protest shall exist if the total
amount of assessments shown on the ballots returned in opposition to the assessment is greater than
the total assessment amount of ballots returned in support of the assessment. All ballots must be
received in the Office of the City Clerk by no later than the time and date of the public hearing as
stated herein.
If by the conclusion of said public hearing on March 3, 2003, 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. "0" Street, San
Bernardino, California, 92418.
SECTION 7. A copy of this resolution and a map showing the exterior boundaries of the
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE CALIFORNIA STREET AND \6TH STREET AREA (AD \029)
proposed improvement district with relation to the territory immediately contiguous thereto and to
the proposed improvement will he on tile 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 l2.90.040C of the San Bernardino
Municipal Code.
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE CALIFORNIA STREET AND 16TH STREET AREA (AD 1029)
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
held on the
day of
meeting thereof
, 20_, by the following vote, to-wit:
Council Members:
AYES NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this _ day of
Approved as to form
and legal content:
JAMES F, PENMAN,
City
By: I
/
\
12/1 0/02
,20_
JUDITH V ALLES, Mayor
City of San Bernardino
6
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): /.10 'C ~) Item # \ 2-
Vote: Ayes I' ') Nays C'
Resolution #
Abstain -e
n ,,-,}
~C('J - ~
Absent .b
Change to motion to amend original documents:
Reso. # On Attachments: - Contract term: -
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Nt)
Date Sent toMlr%r:
1- '1-(;,~
, --91 - 0'3
(-Gj-Q?,
Date of Mayor's Signature:
Date of ClerklCDC Signature:
Date Memo/Letter Sent for Signature:
'--"
60 Day RerllirideiLetter5enl=1!!.th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
-
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:
City Attorney V
Parks & Rec.
NullNoid After: -
By: D), 1~lvrL
Reso. Log Updated: ../
Seal Impressed: V
Date Returned: -
Yes ~ No By'
--+---
Yes No ~ By --L--
Yes No ~ By !
---,----
Yes No ,/ By -}-
Yes No /
- By_
Code Compliance Dev. Services ~ EDA
Police Public Services Water
Notes:
Finance
MIS
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: lI.k:- Date: Jj 14 J {)3
Revised 01/12/01