HomeMy WebLinkAbout13-Development Services
ORIGINAL
,
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: November 21, 2006
Subject: Authorization to proceed and
Resolution ofIntention - formation of a
Landscape Maintenance Assessment
District in the Belmont Avenue and
vacated Chestnut Avenue area (Tract No.
16795).
MCC Date: 12/18/06
From: Valerie C. Ross, Director
Dept: Development Services
File No. 14.40-146
Synopsis of Previous Council Action:
11/03/04 - Tentative Tract Map No. 16795 was approved, with conditions.
01/09/06 - Tract No. 16795 was approved.
Recommended Motion:
I. 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 Belmont Avenue and vacated Chestnut Avenue area (Tract No. 16795).to be
known as Assessment District No. 1052; AND
2. Adopt Resolution.
JIdtUv (i.12~
Valerie C. Ross
Contact person:
Laszlo "Les" Fogassy
Phone:
5026
Staff Report, Maps, Engineer's
Supporting data attached: Report Resoll1tion Ward:
$4,000 (Processing fees to be paid by applicant)
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FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.) 254-000-2301-6045
(Acct. Description) Assessment District Deposits
Council Notes:
Finance:
K~6" c2c04> --</3S
Agenda Item No.
13
/J-/lfjOfo
e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to proceed and Resolution of Intention - formation of a Landscape Maintenance
Assessment District in the Belmont Avenue and vacated Chestnut Avenue area (Tract No.
16795).
BACKGROUND:
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On November 3, 2004, the Planning Commission approved Tentative Tract Map No. 16795,
located between Belmont A venue and Ohio A venue, west of vacated Chestnut A venue. The final
Tract Map was approved in January 9, 2006. On September 28,2006, GFR Enterprises, Inc., the
developer of this property, submitted a petition for the formation of a landscape maintenance
assessment district, as required by the conditions of approval for the development of this site.
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 within slopes along portions of the
southerly side of Ohio Avenue, the northerly side of Belmont Avenue, the westerly side of Ofelia
Drive and the trail system and appurtenant landscaping located along vacated Chestnut Avenue.
The developer has paid the required $4,000 formation fee.
Tract No. 16795 consists of 54 single-family lots. The annual cost of maintenance and
incidentals will be spread across these 54 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 required by law, only special
benefit may be assessed to properties within an assessment district. Any benefit found to be a
general benefit may not be assessed to the District. As set forth in the Engineer's Report, portions
of the landscaping along both Belmont Avenue, Ohio Avenue and the trail system has been
deemed to be of a general benefit. Ofelia Drive is a local street and has no general benefit
attributed to it. The general benefit portion of the annual cost of maintenance is estimated to be
$2,255.59, and cannot be assessed to the District. This amount will need to be paid from the
general fund or other non-district funding source. The special benefit portion of the annual cost
of maintenance, including all incidental expenses, is estimated to be $23,554.26. This amount
will be spread across the 54 lots within the District and the annual maintenance cost per lot will
be $436.19. The Engineer's Report allows for annual increases of CPI (Consumer Price Index),
or 5%, whichever is less, to cover increases in maintenance costs. Increases over this amount will
either need to be approved by the property owners within the District, or be paid for by the City.
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The attached Resolution of Intention sets a public meeting for January 22, 2007, and a public
hearing for February 5, 2007 and preliminarily approves the Engineer's Report. Approval of this
District will be subject to an assessment ballot process, which requires a majority approval by the
property owners within the proposed District boundary. Ballots are weighted proportionally to
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STAFF REPORT
Continued
the amount of the proposed assessment for each parcel. The owners of record will be given
mailed notice of the public meeting and hearing, along with an Assessment Ballot form.
Presently, all of the properties within the District are currently under one ownership. However,
the developer has advised us that they anticipate 6 closing by the end of the year, and an
unknown amount prior to the public hearing. To assure that a majority protest will not exist, the
City will not issue final releases on more than 26 homes if necessary, prior to the public hearing.
Future property owners will purchase the units subject to the Assessment District and will be
given disclosure of the District and assessments by the developer or subsequent property owners,
as required by law.
FINANCIAL IMP ACT:
Applicant has paid the $4,000 processing fee. Estimated costs of annual maintenance in the
amount of$23,554.26, deemed to be a special benefit, will be assessed back to property owners
within the Assessment District. The estimated annual cost of maintenance in the amount of
$2,255.59, deemed to be a general benefit, will need to be paid from the general fund.
e RECOMMENDATION:
Staff recommends that authorization be given to proceed with the formation of a Landscape
Maintenance Assessment District in the Belmont A venue and vacated Chestnut A venue area
(Tract No. 16795).to be known as Assessment District No. 1052, and that the attached
Resolution of Intention be adopted.
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ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1052
BELMONT A VENUE AND CHESTNUT A VENUE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
~ OHIO AVENUE
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Filfld,nllleoff,ceolll'leC'lyClerkinIheCJtyolSanSematdino
lhis_dayof ,20_
RACHEL CLARK,
City ClINk, City dSIlIl8emanino
I helllbyceltifylNltltle IT\iIp showing ,he propoHd boundllnnfor
Ann_I DilllnctNo.~n lhe City of San Bemardino,
County af Sen Bem'rdino, SIlIIe of Caiifomia,W8S appmVltll by
the Mayor and Common Council of the City 01 San Bernardino "t a
regularmH~nglhereof.heldonlhe_dayo/
,20 ,byR""ol\lliol1No
,andh.;;;;;;filedinlheofficeollhe
County Re<:orderof San Bem.,dino Counlyonlhe day
of .20inBook-
pagels} of Maps of AHUsment and Commuoily
FscildiesDislricls.
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RACHEL CLARK,
City Clerk, City of San Bernardino
Recorded in lhe olf,ce afthe C,ty Eng'lIfIer Ih'S_day of
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CITYENQINEER
Cily 01 San Beman:l,1lO
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RACHEL CLARK.
CilyClerk,CityofSane..mardino
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An 8$seumenl WItS levied by the Mayorand Convnon Council of
ltleCity of San Bemardinoon Illelols,pieces,8Ild parcetsoflhe
land shown on lllis nseSSl'rlllnt diagram. .saW:! usessmentwas
IBviedon lhB_dBYof ,20_,
llle asseumentdiaglllm and lhllallellmllnll'Oll"""",recorOed in
llle offiCII of lhII Cily EnginnrofsaidCilyonlhe_day
of ,20 RefllrenCllismadlllolhe
assessmenl roll recorded in lheomee ofllle Cily Engineer for llle
exact amount of each assl!ssmenl levied againsl each parcel of
land sllown on IllisaSSllSlIITIlInldiagt1lm
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It BELMONT AVENUE
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Number tllis
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Book III
at~alltlerequeslor
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ASSESSMENT D1STRKT
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBUC WORKS DIVISION
APPIlOVED
San Bl!mardinll ClIunly Recoldef's Certificall!
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DRAWNBV
CITYENGlNEEFt
REGISfEREOCIVILENGINEERNQ. C~8Ool8
CHECKED BY
REVISED8Y
DRAWING NO. 11959A
Sheet -----L-- of----.1....-
'nllleamoonlofS
VICINITY MAP
LEGEND:
ASSESSMENT DISTRICT BOUNDARY: _
AREA OF LANDSCAPE MAINTENANCE:
AREA OF TRAil MAINTENANCE: ..":.....~:::;fi:.rC'"!.;-:~
ASSESSMENT NUMBERS: 0 NIL ASSESSED:
la~Walke<
Auditor.CoolrllllerlReeorde<
Caunty of San Bemaldloo
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LOCA TION OF
PROPOSED ASSESSMENT
DISTRICT NO. 1052
No Scale
5th 51.
Mill 51.
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1052 -
Belmont Avenue and Chestnut
Avenue Area (Tr. 16795)
~ indicates un-incorporated areas
~ within City's Sphere of Influence
Created by:
Date:
.
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ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1052
Belmont Avenue and Chestnut Avenue Area Landscape Maintenance Assessment District
in the
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
File No. 14.40-146
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
. Prepared November 20, 2006
.ngineers Report - AD 1052
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1052
(Belmont Avenue and Chestnut Avenue Area Landscape Maintenance Assessment District)
PETITION -- On September 28, 2006, 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, trail system, monument signs and lighting, fencing and
hardscaped areas. These improvements are relative to the proposed development within Tract No. 16795. 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. 16795 by the
City to relieve the City from having to maintain the areas of landscaping.
AUTHORIZATION -- On ,20_, by action of the Mayor and Common
aouncil of the City of San Bernardino, the Director of Development Services and City Clerk were authorized to
_itiate proceedings for the formation of Assessment District No. 1052 (Belmont Avenue and Chestnut Avenue
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 ,20_.
ADVANCE OF ESTIMA TED COSTS OF PROCEEDINGS -- On October II, 2006, 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 areas to be maintained will be within City owned property, dedicated right of way, or
within easements granted to the City for maintenance purposes and no maintenance will be carried out on private
property.
DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained include, but are not limited
to the following:
I) Landscaping and all appurtenances along portions of Belmont Avenue, westerly of vacated Chestnut Avenue;
portions of vacated Chestnut Avenue, between Belmont Avenue and Ohio Avenue, including portions of Lot
a. "A" as shown on the map of Tract No. 16795; portions of Ohio Avenue, westerly of vacated Chestnut Avenue;
.. and portions of Ofelia Drive southwesterly of Landon Drive.
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_ngineers Report-AD 1052
2) Walking/Bicycle/Equestrian trails and appurtenances located within vacated Chestnut Avenue and Lot "A"
referenced above, between Belmont Avenue snd Ohio Avenue. Equestrian trail (width varies with an average
of 15 feet in width) is decomposed granite; walkinglbicycle trial (width varies with an average of 10 feet in
width) is asphalt-concrete. Trails are separated by a rail vinyl fence and appurtenances.
3) Monument entry sign, tubular fencing and hardscape including concrete bollards, pilasters, landscaping walls
and all appurtenances.
4) Portions of the landscaping along the southeasterly line of the trail system are proposed to be within easements
across lots 26 through 33 of Tract 13603. In the event that easements are not obtained across any or alI of these
lots in the future, those areas will be excluded from maintenance under the District, and maintenance costs will
be reduced accordingly.
The estimated costs associated with the various items of maintenance are shown in Table 1.
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
tistallation of any landscaping.
DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the
Assessment Boundary Map of Assessment District No. 1052 and are generally described as follows: The centerline
of Ohio Avenue to the northeast; the northwesterly line of Tract No. 1679:5 to the northwest; the centerline of
Belmont A venue to the southwest; the southeasterly line of Lot "A" to the southeast, together with those certain
landscape easements dedicated to the City of San Bernardino for landscape maintenance purposes' across. the.
northwesterly 15 feet of Lots 26 through 33 of Tract No. 13603, adjoining Lot "A".
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 wilI be filed with the Clerk of the Board of Supervisors of San Bernardino County upon formation of the
_strict. No further environmental proceedings will be necessary. A copy of the Notice of Exemption is attached
_Exhibit "4".
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f/IIngineers Report - AD 1 052
METHOD OF ASSESSMENT AND DETERMINATION OF BENEFIT - Landscaping, hardscaping,
trail system, and appurtenances, and their 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 = I Assessment Unit).
Based upon the proposed single family lots proposed to be developed, the total assessment units for the
district will be 54.
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
_etermined that the improvements to be maintained by the assessment district are of special benefit to the district
~nly 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.
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.
Belmont Avenue and Ohio Avenue are classified as collector streets within which maintenance is
a>roposed. Although the trail system and appurtenant landscaping and hardscaping being installed for this tract
.,ill be a part of a regional trail system that will connect an existing trail to the southwest, and extend
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4IngineerS Report - AD 1052
northwesterly at a future date, there is still a proportional special benefit to the adjacent tract due to its
proximity and immediate access. However, it is deemed to have the same general benefit characteristics as a
secondarv arterial street. Ofelia Drive is classified as a local street.
The landscape maintenance areas within Belmont Avenue and Ohio Avenue represent 12% of the total
maintenance areas within the District and pursuant to the above determination of benefit, 5% of costs of
maintenance for these areas (i.e. 5% of 12% of total maintenance costs) will NOT be assessed to the District.
The Trail system and appurtenant landscaping and hardscaping represents 86% of the total maintenance
areas within the District and pursuant to the above determination of benefit, 10% of costs of maintenance for
this area (i.e. 10% of86% of total maintenance costs) will NOT be assessed to the District.
Landscaping within Ofelia Drive represents 2% of the total maintenance area within the District and
pursuant to the above determination of benefit, all of this area is assessable to the Assessment District.
The general benefit portions of these costs stated above, will need to be funded from the City's General
Fund or other non-district source of funding. The special benefit and general benefit costs are shown in said
~ble I. Only the special costs may 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. The only publicly owned
parcel is Lot "A", which is owned by the City of San Bernardino and contains portions of the trail system and
appurtenant landscaping and hardscaping. Since this parcel is not developable, it receives no benefit and thus will
not be assessed.
METHOD OF FINANCING -- The estimated cost of the first year's maintenance shall be assessed against
the properties involved within the current fiscal year or the fiscal year following the establishment of the district.
Depending upon when the costs are assessed and when the actual maintenance is assumed by the City, this assessed
amount can be used as a source of pre-funding the first year's maintenance contract and incidental costs. Once the
City has assumed the responsibility for the maintenance, the properties may be assessed in advance each year
thereafter to establish a source of pre-funding each year's costs, or may be assessed for the actual contract and
incidental costs plus interest. Interest will be included in the assessment costs for any amounts or portions not pre-
funded through previous assessments. Ifthere 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.
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.gineerS Report -AD 1052
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 -- There are 54 single family parcels proposed to be developed within the
development. Each single family parcel represents I assessment unit as described under Method of Assessment, and
assessments are spread accordingly. A proposed Assessment Roll representing the estimated first year's maintenance
costs has been prepared for the 54 lots and shown as Exhibit "5". No further subdivision of this tract is anticipated.
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
4Eture increases in assessments as contract, labor, water and energy costs are all subject to future increases. Annual
reases may be increased without further notice or public hearing by a percentage equal to the increase in the
onsumer 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.
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4fngineers Report-AD 1052
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TABLE 1
ESTIMATED FIRST YEAR'S COST SUMMARY
Assessment District No. 1052
(Belmont Avenue and Chestnut Avenue Area Maintenance Assessment District)
J)1!\trll'llr!//of{'o\'1I'
A l\lainleollDce of Turf Ilrri2ation
8 Maintenance of Ground cover IShrubs/lrri alion
C Maintenance ofInes/lrrill'ation
D Landsupe Area Subtotal
E Irril!:8tion Costs w8ter and eoer \'
F Maintenance of ACIDG Trail SnCem
M ainlen.nce of harduape . reas, m on u m ent signs
and Inil system and appurtenant lighting, fencing and
G laodseanine: walls
H Maintenance ofvinyllnilsenaution fence
, Total maintenance area (D+F)
J Weeklv Inspection lIabor,overhead) Total Annual Hrsl
K Annual Assmt. Ene:ineerin labor+overhead)
L Contract Adminstraliod (labor+O\'erheadl
fIf Incidentals materials.5u lies, other costs)
N Outside De arlment Senices llabor+overhead
o Subtotal A thru N)
P General Benefit Cah:ulations:
Q Collector Streets: Belmont Ave. and Ohio Ave.
R Percent of Total Area IQ II
S Subtotal (0" R)
T General Benefit Percenta e
U General Benefit Amount Not Assessable (5" T)
V Trail System (classified as secoilduy uterial)
W Percent of Total Area (V III
X Subtotal 0" W
Y Gene-ral Benefit Pe-runtall'e
Z General Benefit Amount Not Assessable (X '" Y)
AA Total General Benefit Amount (lI + Z)
88 Subtotal (0 + AAI
CC Estimated Interest for non- refunde-d amounts'"
DO Subtolal (DD + CC)
EE Adjustment (Roundina for Assessment Roll)
OUCIIl/lIV
32,519
132
32,519
32,519
21.313
I
1,350
53.832
104
5
15
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6,450
12%
S 2,933
S~';,
S 146,64
46,382
86%
S 21,090
10%
S 2.10895
S 2.25559
Unit
5o.Ft
5".FI.
E.
5n FI.
s Ft.
S . Ft
('(HI (/nll Annual CoH
LS
L.F.
S.,. Ft
Hours
Hours
Hours
L.S
L.5.
S".FI
5o.Ft
Credit
6%
\,200.00
0,50
30.00
33.00
22,00
10000
400.00
>>>
0,20
0.20
50.00
s
S 6503.80
S 6,600,00
FF TOTAL FIRST YEAR'S ESTIMATED COSTS (DO + EE)
0.10
0,10
S 3,251.90
S 2,131.30
S \ ,200.00
S 675.00
S 3,120,00
S 165.00
S 330.00
S 100.00
S 400,00
S 24,477,00
S 12,255.59
S 22,221.41
S \.333.28
S 23,554.69
S (0.43)
S 1J,SS4.16
ASSESSMENT CALCULA TION -- Applying the Method of Assessment and Assessment Spread described above,
the following formula is used to determine the assessment amount per Assessment Unit:
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Total Costs -i- Total Assessment Units = Cost per Assessment Unit
thus
$23,554.26
54 = $436.19 per Assessment Unit per year
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_ngineers Report - AD 1052
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. 1052.
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Mark Lancaster, Deputy Director/City Engineer
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_g;neers Report-AD 1052
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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 2007/2008)...... Exhibit "5"
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LOCA TION OF
PROPOSED ASSESSMENT
DISTRICT NO. 1052
No Scale
5th St.
Mill 51.
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1052 -
Belmont Avenue and Chestnut
Avenue Area (Tr. 16795)
Created by: ?'.6u.e> 4~rY' Date: uj,oI/,,[.'
,
~ indicates un-incorporated areas
~ within City's Sphere of Influence
EXHIBIT "1"
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ASSESSMENT BOUNDARY
ASSESSMENT DISTRICT NO. 105Z
BElMONT A VENUE AND CHESTNUT A VENUE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
,~ OHIO AVENUE
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C It BELMONT AVENUE
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBUC WORKS DIVISION
LOCATION OF
ASSESSMENT n1STRlCT
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RECISfEREDCIVILENGINEEl!NO C480<8
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F"ed.nltleoff,ceoftheC,lyCIIII'k,nIheCltyolSanBlII'mWdlno
this_dayaf .20_
RACHEL CLARK,
CityClerlt,C'tyolSllnBemardlno
I hereby certify tl>lll lhewitllln map sIlcMing lhe proposed
boundane. 01 AlllenmenlOistnct No. ~ of the City of San
Berrlllrd<no, COUfllyof San Bem.rdino. SIale of c.lifomoa, WllS
.pjIrove<lbylheCityco....cilo!tneC!tyofs.tlSem:ardinClala
~ularmeebngtlle~f.heldonltle da~of
. 20_. byRnolulion
No . and was flied In tile olroce of lhe County
Recon::IerofSanB_n:l,noCounly.SllIteofc.lifomia.onthe
_dayof .20_inBoolt
,p;IIge{s) of Maps ofA$sessme1ll
and Community Facllitiel DlstnClS
RACHEL CLARK.
City Clerl<. CIty of San BemardlllO
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LEGEND:
ASSESSMENT DISTRICT BOUNDARY: _ _
VICINITY MAP
IlEVISEOflY
DRAWING NO. 11959
Sheet----L-- of~
EXHIBIT "2"
~
San BemardinoCounty Recolder'1CerlIfic:Ile
T~11 map has beellrlled underOoalrnenl
N_ber thIS
day of ZO__at______.m III
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at pag;--- al tM ~of
Inl~eamountof$
LanyWalker
Aud,lor.Con1rol""~
COUnty of San BemIIrdiIlO
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filed,nlheoff,ceaIII'lIlC,lyCII!f1c,nlheC'lyolSanBemardloo
Ihos_dayol ,20_
RACHEL CLARK.
CilyC"rk,CitydSaIlBeman1ino
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1052
BELMONT A VENUE AND CHESTNUT A VENUE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
It OHIO AVENUE
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Ihereby~"ify\hMlhell\llp'_ngl"'proposedboullda,,"far
An_IOi.mclNo~inIhIlC,tyofS.""BlIITI8/lIino.
County of San Bernardino, Stale of Caldomia, was approved by
\he Mayor and Common Council tlf Itlll C>ty of s... eemerdino at .
regularmeetlllQlhlll'&Of,heldonthe_deyof
.20 ,byResohlllanNo
and l'I.lI;t;;;;; filed in lheofflceof!he
Counly Rllcordl!rof San Bemardino Counly On lhe_doy
of .20 inBoo"
pagll(S) of Maps of ~smenl and Commurllly
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CITY ENGINEER
c,ry of San Bormardino
Recorded in IIlllofficlI oIlhe Cily E"9'_rl~s~dayof
.20_
I: e..
RACHEL CLARK
C,tyClerk,CLlyofSanSemard'no
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c,ty CierI<. C,t~ of S;JI'I Bemardi'lO
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An use..m."1 wul."'ed by llle Mayor and COmmon CouI'lClI of
lI'l.C'lyoISan8emardinoanl~elols.peces,andpareejsoft".
lal'\dshownonUlisU....me"td'llV'lIm,SaodaUft....."twa.
levl.don II10e llayof .20 .
Ih.aSl"Sm.nldlagram.l'lll\f'lel."el.smenlrollwe"'~
I"e off<ceoftl'leC,ty Enll1neer of said City On the_day
of . 20 Reference IS made 10 the
assessmenlmll,,"cOtdfldlntheotr.ceofll'leC'lyE"IIi'lH' Iortl'le
uaCl amount of nch ..sess_nll..",1I'd ""alRSl each parcel of
landsho_onlh1Iusessmenl"'agram
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ct BELMONT AVENUE
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CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBUC WORKS DIVISION
LOC..\TIQ:>IOF
.\SSESSMESlDISTRlcr
ClTYENGINeER
ReOISnRl!DCIVILeNCINeeRNO~
ORAWNav
"'"PROVED
Cl1fCKEOBY
REVISEOIY
DRAWING NO. 11959A
Sheet ----1- of---1-
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VICINITY MAP
LEGEND:
ASSESSMENT DISTRICT BOUNDARY: _
AREA OF LANDSCAPE MAINTENANCE:
AREA OF TRAil MAINTENANCE:
ASSESSMENT NUMBERS: 0
j.:~.,..~~.t:.~..-:...
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EXHIBIT
Nil ASSESSED:
"3"
San 8emard,ncCounly Recorder'sC~
T~'lmep~.. been filed \ll'lder00cumefll
Number this
4lIyof 20 at m. ,n
8oo1c of--
alpage--- .all,",noqueslof
'nlhean1OlWllolS
larryWalker
Aud,lor.ControllerlRecord....
Coonly 01 San Be1tlrino
B,
Oell<J1yRecon:Ier
CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT
NOTICE OF EXEMPTION
FROM: CITV 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. 1052
Project Location-Specific: TRACT No. 16795- BELMONT AVENUE AND CHESTNUT 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:
Exe"!Et Status: (check one)
U Ministerial (Sec. 21 080(b)(1); 15268);
o Declared Emergency (Sec. 21080{b)(3); 15269(a));
o Emergency Project (Sec,21080{b)(4); 15269(b)(c));
i:l Categorical Exemption, State type and section number: Class 115301(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 CodefTelephone/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 Ves 0 No
Signature:
Gil Signed by Lead Agency
Date:
Title: Real Prooertv Suoervisor
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
e 2007 I 2008 ASSESSMENT ROLL - AD 1052
BELMONT A VENUE AND CHESTNUT A VENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
Assessment No. Parcel No. or Lot No. Assessment Amt.
----~._--
0261-711-01 $436.19
2 0261-7.11-02 $436.19
3 0261-711-03 $436.19
4 0261-711-04 $436.19
5 0261-711-05 $436.19
6 0261-711-06 $436.19
7 0261-711-07 $436.19
8 0261-711-08 $436.19
9 0261-711-09 $436.19
10 0261-711-10 $436.19
II 0261-711-11 $436.19
12 0261-711-12 $436.19
13 0261-711-13 $436.19
e 14 0261-711-14 $436.19
15 0261-711-15 $436.19
16 0261-711-16 $436.19
17 0261-711-17 $436.19
18 0261-701-01 $436.19
19 0261-701-02 $436.19
20 0261-701-03 $436.19
21 0261-701-04 $436.19
22 0261-701-05 $436.19
23 0261-701-06 $436.19
24 0261-701-07 $436.19
25 0261-701-08 $436.19
26 0261-701-09 $436.19
27 0261-701-10 $436.19
28 0261-701-11 $436.19
29 0261-701-12 $436.19
30 0261-701-13 $436.19
31 0261-701-14 $436.19
32 0261-701-15 $436.19
e 33 0261-701-16 $436.19
34 0261-701-17 $436.19
1052 / 2007 EXHIBIT "5" Page 1 of2
Assessment No. Parcel No. or Lot No. Assessment Amt.
~--
tit 35 0261-701-18 $436.19
36 0261-701-19 $436.19
37 0261-701-20 $436.19
38 0261-701-21 $436.19
39 0261-701-22 $436.19
40 0261-701-23 $436.19
41 0261-701-24 $436.19
42 0261-701-25 $436.19
43 0261-701-26 $436.19
44 0261-701-27 $436.19
45 0261-701-28 $436.19
46 0261-701-29 $436.19
47 0261-711-18 $436.19
48 0261-711-19 $436.19
49 0261-711-20 $436.19
50 0261-711-21 $436.19
51 0261-711-22 $436.19
52 0261-711-23 $436.19
tit 53 0261-711-24 $436.19
54 0261-711-25 $436.19
TOTALS: 54 Parcels $23,554.26
tit
1052 / 2007
EXHIBIT "5"
Page 2 of2
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RESOLllTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMI:'iARIL Y
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQURE
THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
LOCATED IN THE BELMONT AVENUE AND VACATED CHESTNUT AVENUE
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. 1052; PRELIMINARIL Y
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. 1052,
Belmont Avenue and vacated Chestnut 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. ] 052, the boundaries of which are generally as follows:
The centerline of Ohio Avenue to the northeast; the n0l1hwesterly linc of Tract No. 16795
to the northwest; the centerline of Belmont A venue to the southwest: the southeasterly line
of Lot "An to the southeast, together with those certain landscape easements dedicated to
the City of San Bernardino for landscape maintenance purposes across the northwesterly
] 5 feet of Lots 26 through 33 of Tract No. 13603, adjoining Lot "An.
11/22/06
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RESOLUTION ... PRELlMINARIL Y DETERMI"ING THAT THE PI:BLlC CO',VE,'liU:"CE AND
NECESSITY REQUIRE THE FOR~IATION OF A LANDSCAPE !\1AINHNA"iCE ASSESSMEJliT
DISTRICT LOCATED IN THE BEL!\tONT AVENUE AND VACATED CHESTNUT AVENUE AREA ...
ASSESSME:\lT DISTRICT !':O. 1052, PRELlMI!':AR!L Y APPROVI"IG THE ENG!NEER'S REPORT
A:\lD GIVING NOTICE OF A PUBLIC MEETING A!':D A PUBLIC HEARING.
Reference is hereby made to the Engineer's Report on file in the ()ffice of thc City Clerk of said
City for a map of the boundaries of said district, a description of the maintenance, an estimated cost
of the maintenance, and a proposed assessment roll which Report and Assessment District Map are
hereby preliminarily approved.
SECTION 2. It is the intention of said Mayor and Common Council to order
improvements within the district, which improvements shall consist of. but are not limited to, the
maintenance of landscaping and all appurtenances along the southerly side of Ohio Avenue, the
northerly side of Belmont A venue, the westerly side of Ofelia Drive and the trails system and
appurtenant landscaping along vacated Chestnut Avenue, and within Lot "A" and hardscaping and
entry monument( s) and appurtenances thereto. The estimated cost of said maintenance for the first
year, including incidental costs, less general benefit amounts, is S23,554.26.
SECTION 3. Said contemplated work and improvements are of more than local or
ordinary public benefit, and that said Mayor and Common Council do hereby make the expense
of such work and improvements chargeable upon the district, which district is hereby declared to
be the district benefited by said proposed work and improvements, 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. and Lot "A", within said Tract No. 16795, 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 lot being
one assessment unit and the percentage of costs will be assessed proportional to the percentage of
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RESOLUTION ... PRELlMINAIUL Y DETERMII\ING THAT THE PUBLIC CON\'E!'\IENCE ANO.
!\ECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
OISTRICT LOCATED IN THE BELMONT AVENUE AND V ACATED CHESTNUT A V r.\ UE AREA ...
ASSESSMENT DISTRICT 1\0. 1052: PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AI\D GIVING NOTICE OF A PUBLIC :\1EETI'iG AND A PUBLIC HEARING.
the total assessment units on each parcel as it relates to the total number of assessments, actual or
hy formula, within the district. Reference is hereby made to said Engineer's Report, on file in the
officc of the City Clerk of said City, for full particulars and proposed assessment amount against
each parcel.
SECTION 5. The assessment financing alternative to be followed shall be as follows,
to-wit:
The estimated cost of the first year's maintenance, as set forth in said Engineer's report, shall be
assessed against the properties involved within the current fiscal year or the fiscal year following
the establishment of the district. Depending on when the costs are assessed relative to when the
maintenance is assumed by the City, this assessed amount can be used as a source of pre-funding
the first year's maintenance contract and incidental costs. Once the district has assumed the
responsibility for the maintenance, the properties shall be assessed each year thereafter to establish
a source of pre-funding each year's costs, or for the actual contract and incidental costs. If there
are surplus amounts in the event of pre-funding of costs, then such surplus may be applied as a
credit to the following year's assessment or retained in a reserve to ofT set future increases. Interest
will be charged on any portion of the assessments that 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
11/22/06
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1 RI'SOLt:TION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CO:'\VE:'\IE:'\CE AI\D
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
2 DISTRICT LOCATED IN THE BELMONT AVENUE AND VACATED CHESTNUT AVENUE AREA ...
ASSESSMENT DISTRICT NO. 1052; PRELlMINARIL Y APPROVING THE E"iGI:\EER'S REPORT
3 AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING.
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full particulars.
SECTION 6. NOTICE IS HEREBY GIVEN that a public meeting will be held before the
Mayor and Common Council of the City of San Bernardino on Monday, January 22, 2007, at the
hour of 4:00 p.m., and that a public hearing will be held on Monday, February 5, 2007, 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
e 15 and public hearing, any person may appear and file objections relative to the proposed district, the
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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, 924 I 8, prior
to 4:00 p.m., February 5, 2007. 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 February 5, 2007. All
property owners within the proposed district will also be mailed ballots, which may'be used to
indicate support 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
27 the total assessment amount of ballots returned in support of the assessment All ballots must be
28 received in the Office of the City Clerk by no later than the time and date of the public hearing as
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RESOLUTION ... PRELIMINARILY DETERMINIl'iG THAT THE PUBLIC CO;\;VEl'iJDICE A:liD
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTEl'iA;\;CE ASSESSMENT
DISTRICT LOCATED Il'i THE BFLMONT AVEl'iUE Al'iD VACATED CHESTNUT AVENVE AREA ...
ASSESSMENT DISTRICT NO. 1052; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
Al'iD GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING.
stated herein.
Ifby the conclusion of said public hearing on February 5. 2007. protests have been filed and
not withdravm by property owners representing over 50% of the assessment units to be assessed,
or ballots returned representing (lver 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 wTiting to same at 300 N. "D" Street, San
Bernardino, California, 924] 8.
SECTION 7. A copy of this resolution and a map showing the exterior boundaries of the
e 15 proposed assessment di,trict with relation to the territory immediately contiguous thereto and to
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the proposed improvement will be on file with the City Clerk and w'ill be available for inspection
by any person orpersons rnkresterl: This map shall gGvern for all details as to the extent of the
propos~d assessment 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.
11/
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RESOLl'TION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
1 NECESSITY REQt.:IRE THE FORMA nON OF A LANDSCAPE MAINTENANCE ASSESSMEI\T
DISTRICT LOCA TEl) IN THE BELMONT A VENUE AND VACATED CHESTNUT A VENUE AREA ...
2 ASSESSMENT DISTRICT NO. 1051; PRELJ!\lINARILY APPRO\'JNG THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING.
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[ HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
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the
day of
Council Members:
AYES
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAM'v1ACK
meeting thereof held on
, 20_. by the following vote. to-wit:
NAYS
ABSTAIN
ABSENT
City Clerk
The foregoing resolution is hereby approved this _ day of
Approved as to form:
11122/06
.20_,
PATRICK .I. MORRIS. Mayor
City of San Bernardino
6