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HomeMy WebLinkAbout17-Development Services ',. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: Subject: Resolution ofIntention --- Irvington Avenue and Olive A venue area Development Services Landscape Maintenance Assessment District ORIGINAL No. 1031 (Tract No. 15407). September 9, 2003 File No. 14.40-122 MCC Date: 10-06-2003 From: JAMES FUNK, Director Dept: Synopsis of Previous Council Action: 03-17-2003 - Tract No. 15407 was approved, with conditions. 08-04-2003 - Authorization was given to proceed with the formation of Irvington Avenue and Olive Avenue area Landscape Maintenance Assessment District No. 1031 Recommended Motion: Adopt Resolution ~~ James Funk Contact person: LASZLO "Les" FOGASSY Phone: 5026 Supporting data attached: StaffR~port, Maps, ResolutIOn FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees to be paid by applicant) Ward: 5 Source: (Acct. No.) 254-000-2301-6019 (Acct. Description) Assessment District Deposits Finance: Council Notes: _'l2..ebc,~C03-Zbl) Agenda Item No. J1 /0/(,//)3 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution ofIntention ---Irvington Avenue and Olive Avenue area Landscape Maintenance Assessment District No. 1031 (Tract No. 15407). BACKGROUND: On March 17, 2003, Tract No. 15407, located on south side of lrvington Avenue, east of Olive Avenue was approved. The developers of the tract, GFR Enterprises, Inc. and Century-Crowell Communities, submitted a petition for the formation of a landscape maintenance assessment district, as one of the conditions of approval. The formation of the district will assign the costs of maintaining the landscaping to the owners of the properties most benefiting from the landscape area. The area to be maintained by the district is designated as "Lot 'Am on the tract map, and is also shown on the attached plat. The developers have paid the required $4,000 formation fee. Tract No. 15407 consists of 107 single family lots. The annual cost of maintenance and incidentals will be spread across these 107 lots. Part of the formation proceedings includes the preparation of an Engineer's Report, which will detail the costs necessary to carry out the ongoing maintenance of landscaping and will be presented with the Resolution of Intention at a future meeting. The area to be maintained by the district (Lot "A") consists primarily of open space area. Lot "B" will be developed as a neighborhood park and will be maintained by the Parks and Recreation Department. The maintenance costs for Lot "B" will not be assessed to the property owners. As shown in the attached Engineer's Report, the total annual cost of maintenance is estimated to be $33,092.96, which will be spread across the 107 lots for an annual assessment of $309 per lot. The attached Resolution of Intention preliminarily approves the Engineer's Report, which contains the details regarding the particulars of the proposed district. The Resolution also sets a public meeting date of November 17, 2003 and a public hearing date of December I, 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 $4,000 processing fee and all subsequent work carried out in the district will be assessed back to property owners. RECOMMENDATION: Adopt Resolution. Location of Proposed Assessment District No. 1031 No Scale 5th 51. Mill 51. ~ .. ~ o c o u ~ "- Gran e Show Rd. .g- ., . o VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DIVISION PROPOSED ASSESSMENT DISTRICT NO. 1031 - IRVINGTON AVENUE AND OLIVE AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Created by: L Htf#:1J7 Date: Q/t/o3 ~ indicates un-incorporated areas ~ within City's Sphere of Influence , , ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1031 IRVINGTON AND OLIVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Tract No. 15407 J ~------:"'_'_'_'_IRVINGTON_AVENUE ::~.J..~""""""""""""'''''''''!l ____}~-~ i ......... .... .. .... . w . ~ I ; 1 2 3 4 5 6 II 1" 8 9 10 11= 12 13; Z I ~: ~= ~. ~ ..<p... CD 0. @ @ @ @~.@..? ~ '" .. .. ::::> I _ II .. II = I II III II .... Z . - @) 29 28.271 26 25 24 2311 22 21 I 20 19 II 18 II 17 16 15 14 ...J ! ~ '-.....~ @$!>~~~.~J}~~\12@@~.@@@ ~ I 0: 3~r------------r-----MELlSSA...,STREET------------ : ------j ~ 01 i ." .~.. . i ~ : 32@ j 45@ 58@ 59@! @90 ~103@!.2.t ~;~;107' j - I .. .. ~~ ~@ : 3J@ I = 46@>: 57@! If. 70 @: @ 89 : 102@ .. .. ... .. I = 34<2> i = 47@ 66@: (t.71Qil @ea . "" i : <sa 65""" . 35 & i Co' \::;;lI: J, :) : 36@= ~ : 49@) 648 ~ . :s. '" < ;: 37@J1II I . 50~ ili 0 II 38@lIII <( .. 51@ > III 0 III :J ci z o Z II 39@ ::::i II 52@ It)' I . i ~: 40@: i i . i i . 41@: i ~.. ,,@ i I ~..: i Il.. 4~~: 4:~ i . 56@ " @ 72@ @87 :101@: ~ / O."r::,"'O~ : 100@. r ~, G-~ " => I ---' ,,'"6 o ~ _,. () ~O . 1!73@ @ee. , 1l99@: 53@ w 53@: ~ ~ 74@ 62@ 1 75@ n:: : 51@) 0 ...J1t76@ . ' 60@. 1I77@ , @8S= :@>91 . . @S3 w Z . :s . 98@ I <( ::;; '" o z I i .97@ @92: li:: o '" 96@ @93: LU n:: '" 95@ @": I "'--- .. STEPHA,NIE_I.ANE r - @84 "@ 59@) @82 .. "@ 58@ : 75@ €!I 81 ,,@ . @ll.lOlll .d - LOT"S" @ ~ ASSESst.lENT DISTRICT BOUNDARY= .........11111111 AREA OF MAINl!:NANCE. Wij"'/,I" /,I" # d ASSESSI.IENT NUMBERS. @) Engineer's Report-AD 1031 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS /ENGINEERING DIVISION ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1031 (Irvington Avenue and Olive Avenue Area Landscape Maintenance Assessment District) PETITION -- On February 6, 2003, 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 within portions of Lot "An along the southerly side of Brenda Drive within Tract No. 15407. 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. 15407 by the City to relieve the City from having to maintain the areas of landscaping. AUTHORIZATION -- On August 4, 2003, 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. 1031 (Irvington Avenue and Olive 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 February 11,2003, 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 within City owned property and no maintenance will be carried out on private property. DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained include landscaping and all appurtenances within portions of Lot "A" of Tract No. 15407. 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 1031 DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the Assessment Boundary Map of Assessment District No. 1031 and are generally described as follows: The centerline ofIrvington Avenue on the north; the east line of Tract No. 15407 on the east; the west line of Tract No. 15407 on the west; and the south line of Lot "A" of Tract No. 15407 on the south. VICINITY MAP -- A vicinity map showing the general location of the proposed Assessment District is attached as Exhibit" 1". DISTRICT BOUNDARY MAP -- A proposed District Boundary Map has been prepared and is on file in the office of the City Clerk. A reduced copy of the District Boundary Map is attached as Exhibit "2". DISTRICT DIAGRAM -- A proposed Diagram 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 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 (1 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: 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 /5% general benefit and the proportional costs thereof are not assessable to the District. Engineer's Report - AD 1031 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. Lot "A" is located along the south side of Brenda Drive, which is classified as a local street, and represents 100% of the total area to be maintained; thus 100% of the total cost of maintenance will be assessed to the District. Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception of public right of way, which is not subject to assessments. Lot "A" is a City owned parcel on which the landscape maintenance is to be performed; Lot "B" is a City owned parcel which is proposed to be developed as a City park. Since neither of these parcels will be developed as single family lots, no special benefit is extended to these two parcels and thus are exempt from assessment. METHOD OF FINANCING -- The estimated cost of the first year's maintenance shall be assessed against the properties involved within the current fiscal year or the fiscal year following the establishment of the district. Depending upon when the costs are assessed and when the actual maintenance is assumed by the City, this assessed amount can be used as a source of pre-funding the first year's maintenance contract and incidental costs. Once the City has assumed the responsibility for the maintenance, the properties may be assessed in advance each year thereafter to establish a source of pre-funding each year's costs, or may be assessed for the actual contract and incidental costs plus interest. Interest will be included in the assessment costs for any amounts or portions not pre- funded through previous assessments. If there is a surplus from the estimated assessment in the event costs are pre- funded through previous assessments, any such surplus shall be applied as a credit to the following year's assessment or placed in a reserve fund to cover future increases or maintenance until such reserves are depleted. The assessment, whether pre-funded or not, shall be levied, collected and enforced in the same manner, at the same time, and with the same penalties and interest as in the case of taxes levied for property taxes. Table 1 sets forth the estimated costs of the first year's maintenance. No Bonds will be sold relative to this Assessment District. ASSESSMENT SPREAD -- The amount of each Assessment Unit is determined by dividing the total maintenance costs, including all incidentals, by the total number of assessment units, as determined by the above Method of Assessment. Each parcel in the district is then assessed based upon the total number of Assessment Units calculated for that parcel. Engineer's Report - AD 1031 ASSESSMENT ROLL -- Presently there are 107 single family parcels within Tract No. 15407, 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 107 parcels within Tract No. 15407 and is shown as Exhibit "5". (Lots" A" and "B" referenced herein are shown on the assessment roll as nil assessed parcels). 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 1031 TABLE 1 ESTIMATED FIRST YEAR'S COST SUMMARY Assessment District No. 1031 (Irvington Avenue and Olive Avenue Area Landscape Maintenance Assessment District)) De.H'ripfilJII ofCIl.~I.~ Q uUlltily lItl;/ C.,.\'tIUlIif AtJllllu/Co.o Q R S T U Maintenance DC Turf Ilrrj a tio n 80,000 S n .Ft. 0.25 $ 20,000,00 Maintenance ofGroundcover IShrubslIrrill'ation 0 S -....F t. 0 $ 0 TOTAL AREA OF MAINTENANCE fA+B) 80,000 Sa .Ft. 0 M aiolenanee of Trees Ilrri~ation I L.S. SO 0 .00 $ 500.00 Water and E nerl"Y C OSt5 80,000 Sn.FI. 0.10 $ 8000,00 W eekh Inspection (labor,overhead) tTotal Annual H rs) 52 H au rs 30.00 $ 1.560.00 AnnualAssmLEn ineerinl! lIabor+overhead} 10 H ou rs 33.00 $ 33 0,00 Contract Adminstration {Iabor+overheatl) 15 Hours 22.00 $ 330.00 Incidentals (m aterials, sUDDlies, other (:osts) I L.S. 100.00 $ 100,00 Outside Department Services f1abor+overhead) 76 L.5. 400.00 $ 400.00 Su btotal fA + B+E + F+G +H + 1+J) $ 3] ,220.00 General Benefit Calculations: A rea of Maintenance 0 5 n .Ft. PercentofTotalArea (Q/C)Rounded % ProDortioned cost of Total Cost (K "R) I General Benefit Percenta..e % General Benefit Amount Not Assessable (R"Sl $ $ Sub to Ia I $ 3 I ,220.00 Estimated Interesl for non-orefunded amounts" 6 P ereeD t $ 1,873.20 Sub tota I $ 33,093.20 Adjuslment (Rounding for Assessment Roll) I (0.24) TOTAL FIRST YEAR'S ESTIMATED COSTS I 33,092.96 A 8 C D 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 $33,092.96+107=$309.28 per Assessment Unit per year Engineer's Report-AD 1031 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 XIIID of the California Constitution for the establishment of Assessment District No. 1031 (Irvin2ton Avenue and Olive Avenuet Area Landscaoe Maintenance Assessment District)) 9-10 -03 ~e-9~ Michael W. Grubbs Registered Professional Engineer Date Engineer's Report-AD 1031 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 2004/2005)...... Exhibit "5" 5th SI. Mill SI. CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DIVISION ~ indicates un-incorporated areas ~ within City's Sphere of Influence Location of Proposed Assessment District No. 1031 No Scale 0 ~ > ~ < 0 0 E - - - " }u " ~ in 0 ~ < " o " o u " c- Oron e Show Rd. ~ .. , o VICINITY MAP EXHIBIT "1" PROPOSED ASSESSMENT DISTRICT NO. 1031 -IRVINGTON AVENUE AND OLIVE AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Created by: lftJ61'l-~J, Date: 1/J/t!3 . ASSESSMENT BOUNDARY ASSESSMENT DISTRICT NO. 1031 IRVINGTON AND OLIVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO J II G' ~" III IRVINGTON_AVENUE =.L.::. ! " " i . . .. . . i . " i . .. I " i " . . i . i . . i " " i , " ~ .. .. i " . 1 z ~ S ~ 1 " I .. " s " " z . " s - . ~ " " 1 , 3 " .. l " . 0 " " " . i I I g ~ , " " . " . i " . ! . ":JJ i n " " i " . i" " " . " .. .............-.....0. " i . " " . LOT'B" I' BReJ<lOA--OR LOT"A" PrcpcsedDislliclBourdary_ ~ Fiedill'lwlotr",ollheCilyC'-<l<,nNCdyolSa'l1lemardWlo t!IIl_lIayDl .211_" RACIlELCLAAK. C<tyCloork.CIlyo/SanBematdll>c> LOCATION OF ASSESSMENT D1STRICf lller.l>ytartilylh.l~willl..""",~"",__ bounda".,ofA"u"""",DiIIriclNo..lI!:iI.l.ofltleCilyofs.. B.m8nl"",.Coun1yolSlnB.mIf<lIno,Slaleo/~.w" .~provedbyltleC"yC""ncilolt!leCityolS....6emotdinoa1. f.gul"'mftlinglhered.niMo""..... ...yol No ..~20";;O;-i'Zd~:.'":..dIllltCounly R&COtd.'oISanS.....rdinoCooo'y,$Ia..afCalil'amla."""'" ~dayo/ .20_,"_ _.page(.) o/MapoalAosM...-'and Community FacililioosOiolr'ools RACHELCLAFtK. C,lyCletl<,C<tyols..1I<ItrIardm . VICINITY M~P San Bemaroino County Recorde(s Certificale CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION DRAWING NC. 10811 EXHIBIT "2" nu map hlIs be-en filed under Documerll Number lhi~ dayot 20-,al .m'n Book of alpage altherequaslof APPROVED '"- ACTINi Cln OGIMED in theamoonlotS IRVINGTON AND OLIVE AREA LANDSCAPING MAINTENANCE ASSESSMENT DlSTRICf .........L.. -LSHEETS LEGEND ASSESSUENTDlS1RICT8OlJtClARY.. LenyWalker Auditor-ControllerlRecoo:ler CountyolSanBllmardino By QepulyRlICClI'der ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1031 IRVINGTON AND OLIVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO J ~.__._._IRVINGTON_"\iENUE ~._.--'--.~~ j-' , , . . . , . . """ "-~I i Tr ell Iq 5~(7 ~ ,-;:::- _\ ZII 28 ~1 <Ill 2' ;u 2) 22 II III 19 '8 11 16 " ,.- :5 I:! .oil \., ~ ,~ 3. i --- -~ M~r;TReET-- --+----1 ! ~ .n .5 till j 611 go 1'~100105'06107~i 1~J3i466JI70I9,HI2 ---, j -. j .. . I " . j ~ r\ / ",0 j' ~5 i .. {.Ii j 12 aT!~ ~ 1-1..-:"';-"" J6 ~.9 '" i 73 86 I 99 ~ ~ 37 I :10 "" ~ T. a$ ~ 911 ., J. ~ ~2i 51 62 1 1S W I 91 9J ~:I '."9 i ~ 1.1.. ~ 153M 11l 8.1 ~ 915 1IJ '" . - ~ I " " ! . "II !- "j so $ 11l 61 -.~~ I._~,>> 58 .:: Il ~ I 41 ! 9:1 51 n eo lOre" . IlRENO.o.-ClRNE ~~ //// Filed In lh.e Office of the City Cln in the City of San Bernardino lhis~dllyof ,20_" RACHEL CLARK, Cily Clerll,Cily DI San Bemardino I herebycerllfy Ihellhe I1\ajl showing Ihe proposed bolrdanes lor AS$essmenl District No. 1Qllin the City of San Bemardino, County of San Bemardlno, Slale of Califania,was approved by !I'M! Mayor and Common Coundl of the CiIy of San Bernardino at a regular meeling Ihereof. held onlhe_dayof .20----, by Resolution No. . and has been filed in Iheollice oflhe County Reoorder of San Bemardino Countyonlhe_day 01 ,20 inBooIl pagels) 01 Maps of A;;UmenI and CommunOly Faeili~es Districts RACHEL CLARK Cily Clerk,Cily of San Bemardino Proposed DistriclBoundAry ~ Recorded in llleoffice ofll\e Cily Eng;neerll\i$_dayof '" See Sheet 2 for details ~ ACTING CITY ENGINEER CityolsanBemardlno ~lJ.. LOCATION Of ASSESSMENT DISTRICT ~ IIII~ ~ . An assenment was levied by the Mayor and Convnon Council of 11Nl Cily of San Bemardino on the 10b,pieces, and parcels oflhe landshownonthisal_smentdiagram.sllldassessmenl:was levied On thll_dayof ,20~ lhe assessmenl diagram and the assessment rolI_re recorded in the office of the Cily E"9ineer of said Cily on Ihe_day of 20 Rmre~~~mlhe assellmentrollrK<ll'lledinth8'iiiii'CeoftheCilyEngineerforlhe IIxBCtamounlofllachusess....ntlellledagainslllllCtl!lllrcelof land sho"," on thi. BSs"'"smentdiagnom. RACHEL CLARK. CilyClerk, City 01 Saro Bamardino ::r::W I r:r L- VICINITY MAP San Bllmardioo Counly Record.....sCIlr1iflCale '''''R'''':O 20_ EXHIBIT "3" Th,.map Ila. been flied under Documenl Number till! day of 20 ,It m. In Book of at page allherequeslol oliCTlflliCIT'fOGIICD CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION DRAWING ND. l081lA in the amounlofS IRVINGTON AND OLIVE AREA LANDSCAPING MAINTENANCE ASSESSMENT D1STRICf """J.... ~""'" LEGEND ASSES9lEHTOSIRICTflllJJ()NtY.. NV.lFMAIN'DAI<<I.. Larry Walker Auditor-CoolrolleflRecordll( Counly of San Bemanbno f'l"//&~ By DepulyRecordel" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1031 1RVINGTON AND OLIVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Tract No. 15407 J ~-----~'_'_''''''''''''''IRVINGTON_AVENUE ~..~................................~ ____}-+_~ j -.......... .... .... .. w => Z W ;;C I >- => Z ...J <{ ~ -j i i ; II ; I : II II II II II @) 29 28 27126 25 24 23122 21 I 20 19 I 18 . 17 16 15 14 ~ @~@@@8@@e.@@@@@8 ~- .... .... ... ... .... .... .... : 3~------------r-'-'-MELlSSA,-STREET------------ : ----- @j .~. j' . = 32@~ i <lS@ S8@) ,59@) @)90 ~103@ @ : 3J@ i 46@H 67@! II 10 @ @ 89 : 102@ .. I .. = 34<9 i : 47@1I 66@: : 35@ I :"@' 55@: ~ : 36@= ~ : 49@ 648 15 . :) . ~ : 37@~ I .50@ J, > II 38@. <( 51@ . 0 . ::::i ci Z o Z II 39@ ::i II 52@ In' I . i ~: 40@: i i -- i I : 41@: i ~.. 42@ i i "~.: i ! ~. _. : ':~ i ; 1 CD 2 5 . . @ @ CD Q) o ow . .. .... ..... .. ow ",. .. .. '" C; o z n ~ 71@ 72@ . l!73@ ~ C; UJ 63@:5 74@ 62(9 1 "@ 0: : 51@) 0 .....l1l76@ . . 6O@. .17@ , 53@ ..@ 59@ 55@ 58@ : 78@ " @ 79@ t.. sa@ 57@ 6. 11: @ 121 131 @ @ 10 CD @ @ @ .. .... .... ~: ~;107 ~ ~ @ .. .. ,. @88 ,101@_ . .' / '" ...'0 ...<:> o. y >-~ ,,-<!- ..( gj j ~<'1>" o ~ ,. u ~o @87 :100@. . @l 86 : 99@: @8S= UJ Z' . :) . 98@ @91 I - <( 97~ @ 92: >- ::; 0: 0: 0 o 96~ @ 93 II " Z \3 . ~ I C> i 95@ @": I ' ......... ,. -STEPHANIE_LANE -r- - @" @83 @82 @) 81 @BO' .. -" - LOT liS" @ ~ ASSESSMENT DISTRICT BOUNDARY= ................. AREA OF UAlNTENANCE = V~ ASSESSUENT NUUBERS = @) SHEET ~ OF ~SHEETS CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT NOTICE OF EXEMPTION 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. 1031 Project Location-Specific: TRACT NO. 15407 -IRVINGTON AVENUE AND OLIVE AVENUE AREA.. 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: ExemJ:1t Status: (check one) D Ministerial (Sec. 21080(b)(1); 15268); D Declared Emergency (Sec. 21080(b)(3); 15269(a)); D Emergency Project (Sec.21 080(b)(4); 15269(b)(c)); l3: Categorical Exemption. State type and section number: Class 1 15301(c) Res.90-217,Sec. B2c 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 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? DYes D No Signature: Date: Title: Real Property Supervisor Q 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 2004 I 2005 ASSESSMENT ROLL - AD 1031 IRVINGTON AVENUE AND OLIVE A VENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Assessment No. Parcel No. or Lot No. Assessment Amt. ~_.__._~.._.__._--_._----- 1 0261-591-01 $309.28 2 0261-591-02 $309.28 3 0261-591-03 $309.28 4 0261-591-04 $309.28 5 0261-591-05 $309.28 6 0261-591-06 $309.28 7 0261-591-07 $309.28 8 0261-591-08 $309.28 9 0261-591-09 $309.28 10 0261-591-10 $309.28 11 0261-591-11 $309.28 12 0261-591-12 $309.28 13 0261-591-13 $309.28 14 0261-591-14 $309.28 15 0261-591-15 $309.28 16 0261-591-16 $309.28 17 0261-591-17 $309.28 18 0261-591-18 $309.28 19 0261-591-19 $309.28 20 0261-591-20 $309.28 21 0261-591-21 $309.28 22 0261-591-22 $309.28 23 0261-591-23 $309.28 24 0261-591-24 $309.28 25 0261-591-25 $309.28 26 0261-591-26 $309.28 27 0261-591-27 $309.28 28 0261-591-28 $309.28 29 0261-591-29 $309.28 30 0261-591-30 $309.28 31 0261-591-31 $309.28 32 0261-591-32 $309.28 33 0261-591-33 $309.28 34 0261-591-34 $309.28 35 0261-591-35 $309.28 1031 / 2004 EXHIBIT "5" Page I of3 Assessment No. Parcel No. or Lot No. Assessment Amt. ------~ 36 0261-591-36 $309.28 37 0261-591-37 $309.28 38 0261-591-38 $309.28 39 0261-591-39 $309.28 45 0261-591-40 $309.28 46 0261-591-41 $309.28 47 0261-591-42 $309.28 48 0261-591-43 $309.28 49 0261-591-44 $309.28 50 0261-591-45 $309.28 51 0261-591-46 $309.28 62 0261-591-47 $309.28 63 0261-591-48 $309.28 64 0261-591-49 $309.28 65 0261-591-50 $309.28 66 0261-591-51 $309.28 67 0261-591-52 $309.28 68 0261-591-53 $309.28 69 0261-591-54 $309.28 70 0261-591-55 $309.28 71 0261-591-56 $309.28 72 0261-591-57 $309.28 73 0261-591-58 $309.28 86 0261-591-59 $309.28 87 0261-591-60 $309.28 88 0261-591-61 $309.28 89 0261-591-62 $309.28 90 0261-591-63 $309.28 100 0261-591-64 $309.28 101 0261-591-65 $309.28 102 0261-591-66 $309.28 103 0261-591-67 $309.28 104 0261-591-68 $309.28 105 0261-591-69 $309.28 105 0261-591-70 $309.28 107 0261-591-71 $309.28 40 0261-601-01 $309.28 41 0261-601-02 $309.28 42 0261-601-03 $309.28 1031 /2004 EXHIBIT "5" Page 2 of3 1031 / 2004 EXHIBIT "5" Page 3 of3 .,. . . . 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 RESOLUTIO~~ trY RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE IRVINGTON A VENUE AND OLIVE AVENUE 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. 1031; 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. 1031, Irvington Avenue and Olive 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. 1031, the boundaries of which are generally as follows: The centerline ofIrvington Avenue on the north; the east line of Tract No. 15407 on the east; the west line of Tract No. 15407 on the west; and the south line of Lot "A" of Tract No. 15407 on the south. Reference is hereby made to the Engineer's Report on file in the office of the City Clerk of said City for a map ofthe 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 09/09/03 '/to. 11- 10/ {7 /03 ! f' . . . 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 IN THE IRVINGTON A VENUE AND OLIVE AVENUE AREA (AD 1031) 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 mainlenance oflandscaping and appurtenant facilities within Lot "A" of said Tract No. 15407. The estimated cost of said maintenance for the first year, including incidental costs is $33,092.96. 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, and Lot "A" and Lot "B" of said Tract No. 15407, are hereby excepted from said assessment, as set forth in said Engineer's Report. SECTION 4. The assessment benefit procedure to be followed and the amount to be assessed against each particular parcel will be based upon the basis of a single residential unit being one assessment unit and the percentage of costs will be assessed proportional to the percentage of the total assessment units on each parcel as it relates to the total number of assessments, actual or by formula, within the district. Reference is hereby made to said Engineer's Report, on file in the office of the City Clerk of said City, for full particulars and proposed assessment amount against each parcel. SECTION 5. The assessment financing alternative to be followed shall be as follows, to-wit: The estimated cost of the first year's maintenance, as set forth in said Engineer's report, shall be assessed against the properties involved within the current fiscal year or the fiscal year following 09/11/03 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 IN THE IRVINGTON A VENUE AND OLIVE A VENUE AREA (AD 1031) 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 November 17,2003, at the hour of 4:00 p.m., and that a public hearing will be held on December 1,2003, 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 I 931 and whether the Mayor and Common Council should proceed with ordering the above described improvements. At said public meeting and public 09/09/03 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 IN THE IRVINGTON A VENUE AND OLIVE A VENUE AREA (AD 1031) 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., December 1, 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 December I, 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 shov,TI 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 December I, 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. "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 09/09/03 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 IN THE IRVING TON A VENUE AND OLIVE A VENUE AREA (AD 1031) 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 12.90.040C of the San Bernardino Municipal Code. III III III 09109/03 5 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 10 - ~- 03 Item # Vote: Ayes }- ') Nays .er Change to motion to amend original docnments: - I'") Resolution # Abstain e- 2m3- 2.l",'") Absent G Reso. # On Attachments: Contract term: - Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: I 0 ~ ').-03 Date of Mayor's Signatore: 1t>,,,&,o3 Date ofClerk/CDC Signature: lo"~'D3 Da mo/Letter Sent for Signatore: 60 Day Reminder Letter Sent on 30th ay: 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: See Attached: Request for Council Action & StafTReport 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 Distribute7: City Attorney Parks & Rec. Code Compliance Dev. Services ./ Police Public Services Water Notes: Null/Void After: - By: 1\'\1 Reso. Log Updated: .-/" Seal Impressed: ~ Date Returned:- YesL No By Yes No/ By Yes No~ By Yes No .L-. By Yes No / B EDA Finance MIS Les f?oG 1>6&1 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: ~ Date: Revised 01/12/01