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HomeMy WebLinkAbout20-Development Services CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Dept: Development Services Date: February 6, 2007 Subject: Authorization to proceed and Resolution of Intention -formation of a Landscape Maintenance Assessment District in the Pepper Avenue and Rialto Avenue Area (Tract Map No. 17076). File No. 14.40-155 Synopsis of Previous 05/02/06 -Tentative Pazcel Map No. 17076 was approved, with conditions. Recommended Motion: 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 Pepper Avenue and Rialto Avenue Area (Tract Map No. 17076), to be known as Assessment District No. 1050;. AND 2. Adopt Resolution. Valerie C. Ross Contact person: Ryan Sandoval Phone: 5226 Staff Report, Maps, Engineer's Supporting data attached: ~pnrt Recnlntinn Ward: FUNDING REQUIREMENTS: Amount: 6 $5,900 (Processing fees to be paid by applicant) Source: (Acct. No.l 254-000-2301-6041 (Acct. Description) Assessment District Deposits Finance: Council Notes: 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 Pepper Avenue and Rialto Avenue Area (Tract Map No. 17076). BACKGROUND: On May 2, 2006, the Planning Commission approved Tentative Tract Map No. 17076, located on the southwest corner of Pepper Avenue and Rialto Avenue. On December 22, 2006, Andresen Architecture, Inc./Dynamic Investments, Inc., the developer/owner 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 along portions of the westerly side of Pepper Avenue, along portions of the southerly side of Rialto Avenue west of Pepper Avenue, and the northerly side of that certain street referenced as "B" Court on Tentative Tract No. 17076. The developer has paid the required $5,900 formation fee. Tract Map No. 17076 consists of 14 residential lots and the annual cost of maintenance and incidentals will be spread across these 14 lots. Part of the formation proceedings includes the prepazation of an Engineer's Report, which details the costs necessary to carry out the ongoing maintenance of landscaping, which 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 Pepper Avenue have been deemed to be of a general benefit. The general benefit portion of the annual cost of maintenance is estimated to be $711.52, and cannot be assessed to the District. This amount will need to be paid from the general fund or other non- district fund source. The special benefit portion of the annual cost of maintenance, including all incidental expenses, is estimated to be $4,568.40. This amount will be spread across the 141ots within the District and the annual maintenance cost per unit will be $326.31. 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, of be paid for by the City. The attached Resolution of Intention sets a public meeting for April 16, 2007, and a public hearing for May 7, 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 aze weighted proportionally to the amount of the proposed assessment for each pazcel. The owners of record will be given a mailed notice of the public meeting and hearing, along with an Assessment Ballot form. Since all Staff Report -Continued of the properties within the District aze currently under one ownership, no protests are anticipated. Future property owners will purchase the pazcels 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 IMPACT: The applicant has paid the $5,900 processing fee. Estimated costs of annual maintenance in the amount of $4,568.40, 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 $711.52, deemed to be a general benefit, will need to be paid from the general fund. RECOMMENDATION: Staff recommends that authorization be given to proceed with the formation of a Landscape Maintenance Assessment District in the Pepper Avenue and Rialto Avenue Area to be known as Assessment District No. 1050 (Tract Map No. 17076), and that the attached Resolution of Intention be adopted. • s ',~ ricvrvacu .vaawamcrv i DISTRICT NO. 1050 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION indicates un-incorporated areas within City's Sphere of Influence VICINITY MAP Proposed Landscape Maintenance Assessment District No. 1050 - Pepper Avenue and Rialto Avenue Area (Tract No. 17076) Created by: Ryan Sandoval I Date:1 /7/07 • J ~ RIALTO AVENUE ~_h S ~` __~ / / i © ~ " IY I, I~ r~ N N II __~ /0 ~~ FI ~ // '~~ a i) I ~ ~ Z ---` _ ml ~~..a Q r_. 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OI VICINITY MAP ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1050 (Pepper Avenue and Rialto Avenue Area Landscape Maintenance Assessment District) In the CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA File No. 14.40-155 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION Prepazed 02/06/2007 ngineers Report - AD /050 ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1050 FILED in the office of the City Clerk of the City of San Bemazdino on the day of CITY CLERK City of San Bemazdino PRELIMINARY approval by the Mayor and Common Council of the City of San Bernardino, County of San Bemazdino, 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 Bemazdino, County of San Bernardino, State of Califomia on the day of CITY CLERK City of San Bemazdino I HEREBY CERTIFY that the foregoing assessments, together with the Diagram of Assessment District No. 1050, were approved and confirmed by the Mayor and Common Council of the City of San Bernardino, County of San Bemazdino, State of California on the day of , CITY CLERK City of San Bemardino ~ngineers Report - AD 1050 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1050 (Pepper Avenue and Rialto Avenue Area Landscape Maintenance Assessment District) PETIT/ON -- On December 22, 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 and hazdscaped azeas. These improvements are relative to the proposed development within Tentative Tract No. 17076. 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 Tentative Tract No. 17076 by the City to relieve the City from having to maintain the azeas of landscaping. AUTHORIZATION --'On , 2007, by action of the Mayor and Common Council of the City of San Bemazdino of San Bemazdino, the Director of Development Services and City Clerk were authorized to initiate proceedings for the formation of Assessment District No. 1050 (Pepper Avenue and Rialto Avenue Area Landscape Maintenance Assessment District) pursuant to the provisions of San Bernazdino City Municipal Code Chapter 12.90 and this Report has been prepazed 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 OFPROCEEDINGS - On December 22, 2006, pursuant to Section 12.94.030 of the Municipal Code, the developer deposited $5,900 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 aze 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. DESCRIPTIONOFIMPROVEMENTS -- The areas to be maintained by the District will be landscaping and all appurtenances along portions of the westerly side of Pepper Avenue, along portions of the southerly side of Rialto Avenue west of Pepper Avenue, and the northerly side of that certain street referenced as "B" Court on the ~ap of said Tentative Tract No. 17076. ~ngineers Report - AD 1050 PLANS AND SPECIFICATIONS --Plans and Specifications for the landscaping have been prepared by the developer according to the standards of the City and is subject to final approval by the City prior to the installation of any landscaping. DESCRIPTION OFBOUNDARIES -- The boundazies of the proposed district are shown on the Assessment Boundary Map of Assessment District No. 1050 and are generally described as follows: The centerline of Rialto Avenue on the north; the centerline of Pepper Avenue on the east; and the southerly and westerly lines of Tentative Tract No. 17076 on the south and west respectively. VICINITY MAP -- A vicinity map showing the general location of the proposed Assessment District is attached as Exhibit "1". DISTRICT BOUNDARYMAP -- A proposed District Boundary Map has been prepazed 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 DL4GRAM -- 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 ecorded in the office of the City Engineer after final approval of this Report, confirmation of the Assessment Roll ~nd 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 Boazd of Supervisors of San Bernazdino 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 OFASSESSMENT AND DETERMLNATION OF BENEFIT -- Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties in the area is determined to be equal to the number of residential units that utilize the landscaped areas either as ingress and egress or by actual physical use of the land as in the cases of large open azeas. The boundaries of the proposed district aze drawn with this in mind and the Resolution of Intention delineates the specific azeas of maintenance, which will benefit all of the properties within the boundaries. Thus, each residential lot or unit, be it asingle-family lot, a condominium or an apartment will be assessed an equal shaze in the cost of maintenance (I residential lot or unit = 1 Assessment Unit). Based upon the single-family parcels proposed to be developed, the total assessment units for the district will be 14. 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, onsideration must then be given to a genera! benefrt given by the improvements, which may not be assessed to the 4 ~ngineers Report - AD /050 pazcels 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 specia! 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 major arterial streets, as determined by the Circulation Plan of the City's General Plan, are determined to be IS% genera! benefrt and the proportional costs thereof aze 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, aze determined to be 10% general benefrt 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, aze determined to be 5% genera! benefit and the proportional costs thereof are not assessable to the District. 4. Areas that front on local streets are determined to be 100% specia! benefrt and aze 100% assessable to the District. These percentages aze based on the traffic circulation for the various street classifications. Based on the City of San Bemazdino's current circulation element of its General Plan, this portion of Pepper Avenue and Rialto Avenue are designated as major arterial streets and this portion of "B" Court is designated as a local street. Thus IS% of the cost of landscaping maintenance and appurtenances along Pepper and Rialto Avenues, is deemed to be ofgenera! benefit and not assessable to the lots within the Assessment District. Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception of public right of way, which is not subject to assessments. METHOD OF FINANCING -- The estimated cost of the first yeaz's maintenance shall be assessed against the properties involved within the current fiscal year or the fiscal yeaz following the establishment of the district. Depending upon when the costs aze assessed and when the actual maintenance is assumed by the City, this assessed amount can be used as a source ofpre-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 yeaz'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 yeaz's assessment or placed in a reserve fund to cover future increases or maintenance until such reserves aze depleted. The sessment, whether pre-funded or not, shall be levied, collected and enforced in the same manner, at the same time, ~d with the same penalties and interest as in the case of taxes levied for property taxes. Table 1 sets forth the ~ngineers Repor! -AD /OSO 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 Met/rod ojAssessment. Each pazcel in the district is then assessed based upon the total number of Assessment Units calculated for that parcel. ASSESSMENT ROLL -- There will be 14 single family parcels within Tract No. 17076, once the final map is recorded, with each parr:el representing 1 assessment unit as described under Method ojAssessment, and assessments aze spread accordingly. No further subdivision of the parcels is anticipated. An Assessment Roll representing the estimated first year's maintenance costs has been prepazed for the 14 pazcels within Tract No. 17076 and is shown as Exhibit "5". Any pazcels remaining vacant, or not being subdivided, will be assessed based on the number of single family lots that could be built pursuant to the City's existing General Plan. FUTUREAPPORTIONMENTS -- 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 heazing as long as the formula for determining the assessments as described is applied. Pursuant to Chapter 12.90 of the San Bernardino Municipal ode, such reapportionment's 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 yeaz, 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. 6 ngineers Report - AD 1050 TABLE 1 ESTIMATED FIRST YEAR'S COST SUMMARY Assessment District No. 1050 (Pepper Avenue and Rialto Avenue Area Landscape Maintenance Assessment District) DescriationofCosts Quantity Unit Cost/Unit AnnnalCost A B C D E F G H J K L M N O P Q R S T U v W Maintenance of Turf /Irri lion 4,301 S .Ft. 0.20 $ 860.19 Maintenance ofGroundcover/Shrubs/Irri scion 854 S .Ft. 0.20 $ 170.74. Maintenance of Trees /Irri tios I L.S. 1,700.00 $ 1,700.00 Lsndsca Area Subtotal 5,155 . Ft. Maintenance of harduape areas, monument signs and a urtenant li htis - S .Ft. • 0.10 $ Irri lion Costs water and ene 5,155 S .Ft. 0.10 $ 515.47 Total maintenance area 5,155 Week) Ins ection labor,overhead Total Annual Hrs 26 Hours 30.00 $ 780:00 Annual Assmt. En ineerin labor+overhead 5 Hours 33.00 $ 165.00 Contract Adminstntion labor+overhead- 15 Hours 22.00 $ 330.00 Incidentals msterials,su lies, other costs 1 L.S. 100.00 $ 100.00 Outside De artment Services labor+overhead 1 L.S. 400.00 $ 400.00 Subtotal A thru N $ 5,021.40 General Benefit Calculations: Area of Gencrol Benefit 4,869 S .Ft. Percent of Total Ares O / G 94.47% Subtotal M * P $ 4,743 General Benefit Perceata e I S% General Benefit Amount Not Assessable * R $ 711.52 $ 711.52 Subtotal M+S $ 4,309.87 Estimated Interest for non- refunded amoun[s* 6% $ 258.59 Subtotal T+ $ 4,568.46 Adjustment (Roundin for Assessment Roll) $ (0.12) TOTAL FIRST YEAR'S ESTIMATED COSTS (W + X) S 4,568.34 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 54,568.34 =14 = 8324.31 per Assessment Unit per year. 7 ngineers Report - AD lOSO 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. 1050. (Penner Avenue and Rialto Avenue Area Landscaae Maintenance Assessment District) tttr~i ~ s~:: ~~ 1~~'11L , Date Mark Lancaster, Deputy Director/City Engineer No. C ~BOlB ~ngineers Report - AD 1050 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" ~J ~'RVr VJGY MJJGJJMG/11 DISTRICT NO. 1050 CITY OF SAN BERNARDINO '~~~ DEVELOPMENT SERVICES DEPARTMENT „~,,, ;,, REAL PROPERTY SECTION indicates un-Incorporated areas within City's Sphere of Influence VICINITY MAP Proposed Landscape Maintenance Assessment District No. 1050 - Pepper Avenue and Rialto Avenue Area (Tract No. 17076) Created by: Ryan Sandoval ~ Date:1/7/07 EXHIBR "1" u J \ RIALTO AVENVE ~iS ~° ~ ~ ~ `~ --~ _ d ~ ~ ~ ~` .~ I ~~ '~ V O ( ~ ~ Z __ ~ ~ FIf ~ W ~ " W 11 u ~ _ J ___ DI ~~sa Q S a. ~- ~ t ~'' Le vr, + 5~!°~y~~ ~7~.19 ~u~~ i ~ ~ , - ~ aP ~ I ___4 1 Yf~ ~- ~ -- ;I -- i NW ..J t l1~ ! i- ~A~ t COURT ~+ ~ ~ ----- =F- ~=-'~-= ASSESSMENT BOUNDARY ASSESSMENT DISTRICT NO. 1050 PERPPER AVENUE AND RIALTO AVENUE AREA LANDSCAPE MAMTENANCE ASSESSMENT DISTRIR IN THE CITY OF SAN BF.RN'ARDR:O. COUT:TY' OF SAN BERNARDR:O FiK! F IM dM1n d w cM cl.n F m" ay d s.n ewMmFo IN: a.yd ,oo_ RACNE~ LURK. Crty CMIk, CM d 9Kn BmwcFo I ner.ey amymn.M ""nn m.e anwq m" oiaoa..a EwMwIN a A,t.tfm.nl a.dn No. wso d.M cly d s.n BMniNY10. Count d Sn BRMNic. Saa of CNbnra, wn .GOmrM q tl" CITY Cand diM CM d SKn R."suual ngdr mwuN M.Rd,MBen ma uyd . ]0 . W R.edNM No. . wi0 wt M F IM ollk.d U" Canty WcaGrd SS~BRnRtlM Canry.Saed CYYmve. ame Eryd ]0 FBOM .GgN.7 el F4pa dA.WimwK ane Cwnmu^M FciM.OSIM1CLL. RAC"E~aARK. cny Clan. cM d s.n e.r,amFe .eur. I'~9R' LEGENC Asav»yw~v+~.c . LOCAD ASSESSMENT EXHIBIT " 2" VICINITY MAP J RIALTO AVENUE S$ }+ id I~ I ^ 1 ~~ --~ BI ' Q ra a ~ - ~ ! ~--~ . V V _ _ ~ y °I I, ~ W ml `SRO Q I~ F ~- ~ k -- ~ ~ ~rli~1y~11V0a111 //~O~i O i O O$ ----~ ~ rr ~__~~ ~4~ ~__-- t _~_- y i ~ -- I I ~ ~ ~ ~ s 1 i I ~ i W . as1 ! ! {- ~A~ ! CCNJWT \~~ ~ ~ ~ ~. J ~ I ~1 ~ ' 1 y i i i «T}-~- LOCATI ASSF35MtY1 ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1050 PERPPER AVENVE AND RIALTO AVENUE AREA LANDSCAPE MAMTf.NANCE ASSESSMENT DISTRIR M TNF. CITY OF SAN BERNARDIRO. COUNTY OF SAN BF.RNARDMO fM0 n q. aEC. a w CM CYn Y'M CM.I san B.mwM Inb_..y of ,fi_ RACHEL f1MN. cM LYrX. Chasm BwnRac I M;mr uEh nM IM m.f .M+Yq Bwt iro.um muM"Y. a Aeaem;ml oW;a No.~ q IM Cha 5m Bnn.NYp. Cmayas.n BmNM. 9MYa GRMnY..r.s.ppo.m M q. MarN.M C.nmm Loumpa q. chasm BmgNFO.I r.puY mwbp llNml.MMmEy E.ya Ifl~ M R.mMtlon No. ..,E M. a.m Rm q q. aXC.aE;. Cwnry Rmw"m d Sm Bam.Nko Coumy on IM Eryal .]p YBacF wwlal dMap.a N.as.mm;aM canmurM fm.Xln Gbdm. R.wGO F q. alk. a IM CXY Enpn.m Yb _ WY d M~ MGIELCURN. CXY CWt. LXY d S.n B.rrruEYro CITY ENGINEER LM d Sn BwwaMo M..wm.nl ria WYE M q. Mayp m0 Com~mn Ca"NY a IM CM a San BmuNM m tln W., pbda..M pvuY aP. WE NOrmmtM mm.m.m oYpam. SaE aaaea~ntrm Iwi.EmlME.y of =E~ IM aaapMAnl tignm ~ q. eM.gMnl M Vran AcwEm q q..Nn.aq. Ch Enpn.a. da.M CXrmmn my d ,IE~RaIMnw.mm~YgVa .uwammt M r.upE.E N tMaMC. aq. LM Erpn.m IEr EN .ud.mourt a.mn uxumxE Prim agaq.: amn pmcNd YnE mwM M qY atNmnMlEYpam. MLNEL LIANA, CEy CYM1 Chasm Bmudge L6EN~. a5355Nev n5rlR [ObVOVR•5^O.w i^VS .fAS 0f MAVI[V1VC[ 5^OM11'* JS b5[°SM[Vl VLM![RS SN' FV i'V5. O EXHIBIT"3" V[CINEfY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT NOTICE OF EXEMPTION FROM: CITY OF SAN BERNARDINO TO: OFFICE OF PLANNING AND RESEARCH DEVELOPMENT SERVICES DEPARTMENT 1400 TENTH STREET, ROOM 121 300 N. "D" STREET SACRAMENTO, CA 95814 SAN BERNARDINO, CA 92418 X COUNTY CLERK COUNTY OF SAN BERNARDINO 365 NORTH ARROWHEAD AVENUE SAN BERNARDINO, CA 92415 Project Title: ASSESSMENT DISTRICT NQ. 1050 Project LocationSpeeific: TRACT No. 17076 --PEPPER AVENUE 8 RIALTO AVENUE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Project location-City: SAN BERNARDINO Project Location -County: SAN BERNARDINO Description of project: SBMC 12.90 PROCEEDINGS FOR THE ESTABLISHMENT OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Name of Public Agency Approving Project: CITY OF SAN BERNARDINO Name of Parson or Agency Carrying out Project: CITY OF SAN BERNARDINO Exem t Status: (cheek one) Ministerial (See. 21080(b)(1); 15268); ^ Declared Emergency (Sec. 21080(b)(3); 15269(a)); ^ Emergency Project (See. 21080(b)(4); 15269(b)(c--; ~ Categorical Exemption. State type and section number: ^ Statutory Exemptions. Stale code number: Class 1 15301(c) Res.90-217 Sec 82c Reason why project is exempt: ESTABLISHMENT PROCEEDINGS FOR ASSESSMENT DISTRICT TO PROVIDE FUNDING SOURCE FOR MAINTENANCE OF LANDSCAPING Lead Agency Contact Person: RYAN SANDOVAL Area Code/Telephone/Extension: (909) 384-5226 If filed by applicant: 1. Attach certified document of exemption flnding. 2. Has a notice of exemption been filed by the public agency approving the project? ^ Yes ^ No Signature: Date: Title: Real Procerty Specialist ® Signed by Lead Agency ^ Signed by Applicant Date received for Tiling at OPR: EXHIBIT ~~4~~ PLAN70.05 (5-90) Rev ENG (5A7) Page 7 of 1 CITY OF SAN BERNARDINO PROPOSED 2007 / 2008 ASSESSMENT ROLL - AD 1050 PEPPER AVENUE AND RIALTO AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Assessment No. Parcel No. or Lot No. 1 TR. 17076 Lot-1 2 TR. 17076 Lot-2 3 TR. 17076 Lot-3 q TR. 17076 Lot-4 5 TR. 17076 Lot-5 6 TR. 17076 Lot-6 7 TR. 17076 Lot-7 g TR. 17076 Lot-8 9 TR. 17076 Lot-9 10 TR. 17076 Lot-10 11 TR. 17076 Lot-I 1 12 TR. 17076 Lot-l2 13 TR. 17076 Lot-l3 14 TR. 17076 Lot-l4 TOTALS: 14 Parcels toso i zoos EXHIBIT "5" Assessment Amt. $326.31 $326.31 $326.31 $326.31 $326.31 $326.31 $326.31 $326.31 $326.31 $326.31 $326.31 $326.31 $326.31 $32631 $4,568.34 Pege 1 of 1 1 2 3 4 5 6 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 PEPPER AVENUE AND RIALTO 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. 1050; 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 10 11 12 13 14 15 16 17 18 19 20 21 22 231 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. 1050, Pepper Avenue and Rialto 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. 1050, the boundaries of which aze generally as follows: The centerline of Rialto Avenue on the north; the centerline of Pepper Avenue on the east; and the southerly and westerly lines of Tentative Tract No. 17076 on the south and west respectively. Reference is hereby made to the Engineer's Report on file in the office of the City Clerk of said . I I City for a map of the boundaries of said district, a description of the maintenance, an estimated cost 28 02/06/07 1 ~ ~ ' • 2 3 4 RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PEPPER AVENUE AND RIALTO AVENUE AREA ... ASSESSMENT DISTRICT NO. 1050; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING. 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 • • 11 l2 13 14 15 16 17 18 211 23 24 25 26 27 28 improvements within the district, which improvement shall consist of, but aze not limited to, the maintenance of landscaping and all appurtenances along portions of the westerly side of Pepper Avenue, along portions of the southerly side of Rialto Avenue west of Pepper Avenue, and the northerly side of that certain street referenced as "B" Court on the map of said Tentative Tract No. 17076. The estimated cost of said maintenance for the first year, including incidental costs, less general benefit amounts, is 54.568.40. 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 declazed to be the district benefited by said proposed work and improvement, and to be assessed to pay the cost and expense thereof, except as otherwise may be set forth in said Engineer's Report. All public streets or alleys, or portions. thereof, within said Tract No. 17076, aze 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 particulaz pazcel 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 02/06/07 2 RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PEPPER AVENUE AND RIALTO AVENUE AREA ... ASSESSMENT DISTRICT NO. 1050; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING. office of the City Clerk of said City, for full particulars and proposed assessment amount against each parcel. i 2 3 4 5 SECTION 5. The assessment financing alternative to be followed shall be as follows, 27 • 28 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 cun•ent fiscal year or [he 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 ofpre-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 yeaz thereafter to establish a source ofpre-funding each year's costs, or for the actual contract and incidental costs. If there aze surplus amounts in the event of pre-funding of costs, then such surplus may be applied as a credit to the following yeaz's assessment or retained in a reserve to offset future increases. Interest 191 10 ll 12 13 14 15 l6 17 18 will be chazged 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 21 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 GNEN that a public meeting will be held before the 02/06/07 3 • i 2 3 4 I11 13 14 15 16 17 18 19 211 23 24 25 26 27 RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PEPPER AVENUE AND RIALTO AVENUE AREA ... ASSESSMENT DISTRICT NO. 1050; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING. Mayor and Common Council of the City of San Bernardino on Monday, April 16, 2007, at the hour of 4:00 p.m., and that a public hearing will be held on Monday, May 7, 2007, at the hour of 4:00 p.m., both in the Council Chambers of City Hall, 300 N. "D" Street, San Bemazdino, California for the purpose of determining whether the public convenience and necessity require the formation of the proposed maintenance district without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and whether the Mayor and Common Council should proceed with ordering the above described improvements. At said public meeting and public hearing, any person may appear and file objections relative to the proposed district, the proposed maintenance or the costs thereof. Any person owning property within the proposed district may protest against said district, the proposed maintenance or the costs thereof, by filing a written protest with the City Clerk, 300 N. "D" Street, San Bernardino, California, 92418, prior to 4:00 p.m., May 7, 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 May 7, 2007. 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 heazing on May 7, 2007, protests have been filed and not 02/06/07 4 LJ 1 2 3 4 5 6 RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PEPPER AVENUE AND RIALTO AVENUE AREA ... ASSESSMENT DISTRICT NO. 1050; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING. withdrawn by property owners representing over 50% of the assessment units to be assessed, or ballots retumed 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 11 12 13 14 15 16 17 18 19 20 21 281 Services, Real Property Section, at (909) 384-5226 or by writing to same at 300 N. "D" Street, San Bemardino, California, 92418. SECTION 7. A copy of this resolution and a map showing the exterior boundaries of the proposed improvement district with relation to the territory immediately contiguous thereto and to the proposed improvement will be on file with the City Clerk and will be available for inspection by any person or persons interested. This map shall govern for all details as to the extent of the proposed improvement district. SECTION 8. The City Clerk is hereby authorized and directed to publish a copy of this Resolution in the San Bemardino 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 Bemardino Municipal Code. /// /// 02/06/07 5 I• 1 2 3 4 5 6 7 RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PEPPER AVENUE AND RIALTO AVENUE AREA ... ASSESSMENT DISTRICT NO. 1050; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernazdino at a meeting thereof held on i the day of , 20 , by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA 10 BAXTER 11 BRINKER l2 DERRY 13 KELLEY 14 15 JOHNSON 16 MCCAMMACK 17 18 21I 22 28II City Clerk The foregoing resolution is hereby approved this day of 20 PATRICK J. MORRIS, Mayor City of San Bernardino Approved as to form: ES F. PENMAN, City Attorney 02/06/07 6