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HomeMy WebLinkAbout14-Development Services tit tit tit CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Authorization to proceed and Resolution of Intention - formation of a Landscape Maintenance Assessment District in the Chiquita Lane and Date Street Area (Tract Map No. 17576). Dept: Development Services Date: March 2, 2007 File No. 14.40-158 Synopsis of Previous Council Action: 10/18/05 - Tentative Tract Map No. 17576 was approved, with conditions. MCC Date: April 2, 2007 Recommended Motion: 1. That the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment District in the Chiquita Lane and Date Street Area (Tract Map No. 17576), to be known as Assessment District No. 1060; AND 2. Adopt Resolution. ~o. ifbtV Valerie C. Ross Contact person: Ryan Sandoval Phone: Staff Report, Maps, Engineer's Supporting data attached: R"pnrt R"""lntinn Ward: 5226 4 FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees paid by applicant) Source: (Acct. No.) 254-000-2301-6056 (Acct. Description) Assessment District Deposits Finance: Council Notes: Agenda Item No. i/~/D7 /il e tit 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 Chiquita Lane and Date Street Area (Tract Map No. 17576). BACKGROUND: On October 18, 2005, the Planning Commission approved Tentative Tract Map No. 17576, located on the northeast comer of Chiquita Lane and Date Street. On October 18, 2006, Nickolas R. Livingston on behalf of Michelle Harris (Love Improvements), 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 Chiquita Lane north of Date Street. The developer has paid the required $4,000 formation fee. Tract Map No. 17576 consists of 5 residential lots and the annual cost of maintenance and incidentals will be spread across these 5 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, 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 Chiquita Lane has been deemed to be of 100% special benefit. The special benefit portion of the annual cost of maintenance, including all incidental expenses, is estimated to be $4,504.00. This amount will be spread across the 5 lots within the District and the annual maintenance cost per unit will be $900.80. This amount is higher then the average assessment and is due to the small number of lots relative to the area of maintenance. 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. The attached Resolution of Intention sets a public meeting for May 7, 2007, and a public hearing for May 21, 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 the amount of the proposed assessment for each parcel. The owners of record will be given a mailed notice of the public meeting and hearing, along with an Assessment Ballot form. Since all 6f the properties within the District are currently under one ownership, no protests are anticipated. Future property owners will purchase the parcels 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. e e e Staff Report - Continued FINANCIAL IMPACT: The applicant has paid the $4,000 processing fee. Estimated costs of annual maintenance in the amount of $4,504.00, deemed to be a special benefit, will be assessed back to property owners within the Assessment District. RECOMMENDATION: Staff recommends that authorization be given to proceed with the formation of a Landscape Maintenance Assessment District in the Chiquita Lane and Date Street Area to be known as Assessment District No. 1060 (Tract Map No. 17576), and that the attached Resolution of Intention be adopted. LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1060 Highland Ave. Base Line St. 5th St. MillSt. ~ ~ ~ 0- F .. . . J{ VICINITY MAP 'W NO SCALE y .' . . .. CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1060- Chiquita Lane and Date Street Area (Tract No. 17576) ~ Indicates un-Incorporated areas within City's ~ Sphere of Influence Created by: Ryan Sandoval Date: 2/28/07 e e e ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1060 CHIQUITA LANE AND DATE STREET AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO l- ":" . 135.00' g < g . . 20 F~lIdi"lheofllc:llorIheCilye'-'llin"Cilyo'S.n&.mMlirlo 1hi._d.~<JI 20 CD - . . RACHEL ClARK. Cilyo.k,CilydS-"S_rdino' lherlllr~rtlY"l/Iell'llO,,"ngtneOlOClC*d~'" ~OiItIlctNca.'OllOln...CitydSlnBemenSino. COI.InlydSlnS-I'll,no,S"'llIc.hfam,.._lJPllftlY8llllJ IIMlMl)'Cll"..-.clC_CoungIQltt.-c,lydsane_lllinll... ,.glllarl'MftnglheNat,heldonlhe_ayd .arHl':bHn;':'=:~~" Coutlly~ofS.ne.mllOnoCOunlyonlhe__ of .20 in800k ~.} ofMllPlolAueurnent.ndecrr-.wty F8Ci1illn0i8lrk:tl. __~S!J!'~~~OE:..-__ ~ g . 2 11) 21 g . !;} <0", ,,- f1189"J6'4J"E 135.00' -- rlEir J:, tDWIE-- gr~J:,r&;r 1Nl~. 111~1(@ : ciJ o. "- ~ :?! 22 "- u !:Cl:; ~~. g RACHEL CLAAK. CiryCl.....C>tyolS.nS.....rdino : ~lnll'eolllceoflheCilYEn"HlHl'lhI._dayof " CITY ENOOEER City of San &.mardino 5 ~ 23 An _ntwulrMd b)'1he1Myor.nd ComrmnCoon::ilof IIlIoCilyglS.n8.....n;linoonl/lelol..piecn.encI~<JI.. jllllll~nonll,._nldl8ll""m_s.id~_ !1Yi1ld on tile ct.yof 20 1hll...-menldillgram..,dlhe__lIlral_rKOIIIIIId---;- IhllotllceoflheC,lyEng._otMidCilyonlM__ of 20 ~ia""'IO'" _101 fKOded in U.Oiik.oth Cily EI9- fDrtw eUd .mount ofUCh _.-.nIle'ti-.cl_ntt..:llPlfCll of landahownon1tli1~~ . 24 RACHEL ClARK. City a.k. Cilyol san e.m.~ : LEGEND: --- IOUNtwn'SHCIWNfMUI; s.n B_Idino(".ounty~ce.nc:. rx>6<">()I CD TI.....Il~~lllecI~DocunWII N"mboIr u.. day 01 20.81 .mlll .,.. ~ elpege .etthe.....d in the amountd$ Al!E.ASt:I_Tl*HCElIHOWNnfUS: __r_E"I8HOWN1'HUI; -- ~ . CITY OF SAN BERNARDINO DEPARTMENT or DEVElOPMENT SEfMCES PUBUC WORKS DMSION .....w... NO. 12110A -- ~4"11'lI J Cauntyd Sell....... By. ---'-- ---1..._.. VICINITY MAP CHIQUJrALANEANDDATESlllEET AIIEAlANDSCAJ'E MA~ ASSESSMENT DIST1UCr ......- e ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1060 (Chiquita Lane and Date Street Area Landscape Maintenance AssessmenF District) In the CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA e File No. 14.40-158 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION Prepared 02/28/2007 e I .' _EngineerS Report - AD 1060 ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1060 FILED in the office of the City Clerk of the City of San Bernardino on the_ day of CITY CLERK City of San Bernardino PRELIMINARY approval by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino, State of California on the_day of _ CITY CLERK City of San Bernardino FINAL approval by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino, State of California on the day of CITY CLERK City of San Bernardino I HEREBY CERTIFY that the foregoing assessments, together with the Diagram of Assessment District No. 1060, were approved and confirmed by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino, State of California on the _ day of CITY CLERK City of San Bernardino _ 2 "EngineerS Report - AD 1060 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1060 (Chiquita Lane and Date Street Area Landscape Maintenance Assessment District) PETITION -- On October 18, 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 hardscaped areas. These improvements are relative to the proposed development within Tentative Tract No. 17576. The signatures on the petition represent 100"10 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. 17576 by the City to relieve the City from having to maintain the areas of landscaping. AUTHORIZATION -. On ,2007, by action of the Mayor and Common Council ~f the City of San Bernardino of San Bernardino, the Director of Development Services and City Clerk were authorized to initiate proceedings for the formation of Assessment District No. 1060 (Chiquita Lane and Date Street Area Landscape Maintenance Assessment District) pursuant to the provisions of San Bernardino City Municipal Code Chapter 12.90 and this Report has been prepared and is hereby submitted pursuant to said provisions and in accordance with Resolution of Intention No. adopted by the Mayor and Common Council of the City of San Bernardino on the _day of ADVANCE OF ESTIMATED COSTS OF PROCEEDINGS -- On October 18,2006, 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 areas to be maintained by the District will be landscaping and all appurtenances along portions of the easterly side of Chiquita Lane north of Date Street, within the right of way adjacent to Tract No. 17576. a. PLANS AND SPECIFICATIONS --Plans and Specifications for the landscaping have been prepared by wme developer according to the standards of the City and is subject to final approval by the City prior to the 3 .. "EngineerS Report - AD 1060 installation of any landscaping. DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the Assessment Boundary Map of Assessment District No. 1060 and are generally described as follows: The centerline of Date Street on the south; the centerline of Chiquita Lane on the west; and the northerly and easterly lines of Tentative Tract No. 17576 on the north and west respectively. VICINITY MAP -- A vicinity map showing the general location of the proposed Assessment District is attached as Exhibit "I". DISTRICT BOUNDAR Y MAP -- A proposed District Boundary Map has been prepared and is on file in the office of the City Clerk. A reduced copy of the District Boundary Map is attached as Exhibit "2". DISTRICT DIAGRAM -- A proposed Diagram of the Assessment District has been prepared and will be filed with the City Clerk after preliminary approval of this Report and will be filed with the County Recorder and recorded in the office of the City Engineer after final approval of this Report, confirmation of the Assessment Roll and Resolution Ordering Work. A reduced copy of the Assessment District Diagram is attached as Exhibit "3". _ NOTICE OF EXEMPTION -- a "Notice of Exemption'~ declaring a Categorical Exemption was prepared ~d will be filed with the Clerk of the Board of Supervisors of San Bernardino County upon formation of the District. No further environmental proceedings will be necessary. A copy of the Notice of Exemption is attached as Exhibit "4". METHOD OF ASSESSMENT AND DETERMINATION OF BENEFIT -- Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties in the area is determined to be equal to the number of residential units that utilize the landscaped areas .either as ingress and egress or by actual physical use of the land as in the cases of large open areas. The boundaries of the proposed district are drawn with this in mind and the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries. Thus, each residential lot or unit, be it a single-family lot, a condominium Or an apartment will be assessed an equal share in the cost of maintenance (I residential lot or unit = I Assessment Unit). Based upon the single-family parcels proposed to be developed, the total assessment units for the district will beS; 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 benejil 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 essessment district for the maintenance of the landscaping is specific and incidental to this development, it is further 4 Engineers Report - AD 1060 e . detennined that the improvements to be maintained by the assessment district are of special benefit to the district only and are. I 00% 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 detennined by the Circulation Plan of the City's General Plan, are detennined 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 detennined by the Circulation Plan of the City's General Plan, are detennined 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 detennined by the Circulation Plan of the City's General Plan, are detennined to be 5% general benefit and the proportional costs thereof are not assessable to the District. 4. Areas that front on local streets are detennined 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. tit Based on the City of San Bernardino's current circulation element ofits General Plan, this portion Chiquita Lane is designated as a Local Street. Thus 100% of the cost oflandscaping maintenance and appurtenances along Chiquita Lane, is deemed to be of special benefit and assessable to the lots within the Assessment District. Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception of public right of way, which is not subject to assessments. METHOD OF FINANCING -- The estimated cost of the first year's maintenance shall be assessed against the properties involved within the current fiscal year or the fiscal year following the establishment of the district. Depending upon when the costs are assessed and when the actual maintenance is assumed by the City, this assessed amount can be used as a source of pre-funding the first year's maintenance contract and incidental costs. Once the City has assumed the responsibility for the maintenance, the properties may be assessed in advance each year thereafter to establish a source of pre-funding each year's costs, or may be assessed for the actual contract and incidental costs plus interest. Interest will be included in the assessment costs for any amounts or portions not pre- funded through previous assessments. If there is a surplus from the estimated assessment in the event costs are pre- funded through previous assessments, any such surplus shall be applied as a credit to the following year's assessment or placed in a reserve fund to cover future increases or maintenance until such reserves are depleted. The assessment, whether pre-funded or not, shall be levied, collected and enforced in the same manner, at the same time, and with the same penalties and interest as in the case of taxes levied for property taxes. Table I sets forth the estimated costs of the first year's maintenance. No Bonds will be sold relative to this Assessment District. tit 5 Engineers Report - AD 1060 e 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 t1:ie 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 will be 5 single family parcels within Tract No. 17576, once the final map is recorded, 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 5 parcels withill Tract No. 17576 and is shown as Exhibit "5". Any parcels 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. 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 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 WUture 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. e 6 Engineers Report - AD 1060 e e TABLE 1 ESTIMATED FIRST YEAR'S COST SUMMARY Assessment District No. 1061 (Chiquita Lane and Date Street Area Landscape Maintenance Assessment District) A B C D Description of Costs Ouantity Unit Cost/Unit Annual Cost Maintenance of Turf Ilrrillation 6,747 So.Ft. 0.20 $ 1.349.39 Maintenance of Groundcover IShrubsllrrigation - So.Ft. 0.20 $ - Maintenance of Trees Ilrrintion 1 L.S. 450.00 $ 450.00 Landscane Area Subtotal 6,747 So.Ft. Maintenance of hardscape areas, monument signs and appurtenant Iightinll - So.Ft. 0.10 $ - Irrintion Costs (water and eneml 6,747 So.Ft. 0.10 $ 674.69 Total maintenance area 6,747 Weeklv Insnedion Ilabor,overhead) ITotal Annual UI'S) 26 Hours 30.00 $ 780.00 Annual Assmt. En,;fneerin.. llabor+overhead) 5 Hours 33.00 $ 165.00 Contract Adminstration (Iabor+overhead) 15 Hours 22.00 $ 330.00 Ineidental;(materials, suoolies, other costs) 1 L.S. 100.00 $ 100.00 Outside Denartmeot Services Ilabor+overheall) I L.S. 400.00 $ 400.00 Subtotal (A thru N\ $ 4,249.08 General Benefit Calculations: Area of General Benefit - So.Ft. Percent of Total Area (0 I Gl 0.00% Subtotal eM " p) $ - General Benefit Percentalle 0% General Benefit Amount Not Assessable 10" R) $ - $ - SubtotallM+S\ $ 4,249.08 Estimated Interest for non-orefunded amounts" 6% $ 254.94 SubtotaiIT+ID $ 4,504.02 Adjustment (Rounding for Assessment Roll) $ (0.02) TOTAL FIRST YEAR'S ESTIMATED COSTS (W + X) $ 4,504.00 E F G H t J K L M N o P Q R S T U V W 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: e Total Costs + Total Assessment Units = Cost per Assessment Unit Thus $4,504.00 + 5 = $900.80 per Assessment Unit per year. 7 fIIngineers Report - AD 1060 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. 1060. (ChiQuita Lane Qnd Date Street Area Landscaoe Maintenance Assessment District) -:;.)-i7 /1&1 f1~ Mark Lancaster, Deputy Director/City Engineer Date e e 8 Engineers Report - AD 1060 e e e 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" 9 e LOCA nON OF PROPOSED ASSESSMENT DISTRICT NO. 1060 Highland Ave. ;: ijj ~ Base Una 8t. [oJ .1 '" e . 5th SI. ~ MillS!. -, . . o J{ VICINITY MAP 'W 'S NO SCAlE :J . Proposed Landscape Maintenance Assessment District No. 1060 - Chiquita Lane and Date Street Area (Tract No. 17576) CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION ~ Indicates un-incorporated areas within City's ~ Sphere of Influenoa Created by: Ryan Sandoval EXHIBIT "1" Date: 2/28/07 tit ASSESSMENT BOUNDARY ASSESSMENT DISTRICT NO. 1060 CHIQUITA LANE AND DATE STREET AREA LANDSCAPE MAINTENANCE ASSESSMENT D1SlRICT IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO i- ~~" ~ ,. e t----- ~I --~'!!!.:ll...'"~~ui_ _ __ 2 ~ d 21 1:1 ,,,.,...,., "'00' , !;} ___________~ ;;? 0) /T~IM/TfJl /TDW~ _ _ _ __ I~ /TlRlfJl i[;/T /NJ~o ~ 7~'1{@ 8.1 ~ "- f' : J.... (f? 22 L "'8936~J.E 13500 t ~ 0 I -;O-;;---I--7,;U-f~~ ~ _ _ . I . I ~ 4 L I I: 5 i~ " r~8 ~_6- - - - TRACT BOUNDARY , IZ "" ~ C-1)-~ "~ I s' ~ 8,.~~ ...... '~r. ~"'l:r f'" 09f'f'i<o~ r ____ I I?Ou ...... ..... ---..... - 'f' __ ..)0 --......._ ... -...--- 13500' . '8 . . 20 . . '" g o Z 23 24 ;: e CHlQUn'A lANItAND DAMSt1lUT ARE!A1..o\ND6C\I'f:~ A55E5DlEJrfT DIS11UCf LEGEND: ASIU8I&MT ClIfl11CT IOUNtWlTlHCIWNT1<<4 -- - ~ CIlY OF SAN BERNARDINO DEPNmIENT Of DEVElOPMENT 8ERVlCES PUBUC WORKS DMSION VICINITY MAP EXHIBIT "2" F_in..._ol...CllrC*llirl",er.,.OII____ ~af 20__ ........... ~DIrll.eoe,lII"'_ I-....,...,,_.._......or--......--_<If __.....!!!!I!!!OI'NCO,als...-.c-..,.d... _._ol~._-"'tIJ..c".CouwIIol...OIrOll ...-....................-.......""...--- .20_."'_110. __ _...._ol...c:cu.ly"-'*....._ec...w....t1I ~."".... ""'01 4O_irl.... _,pIIIO{.1 oI....."'__~ F_~ ~~.... t,lyo.t.er.,......._ " San e.m.n:linoCounty"-,*,, ~ ThI....11'-.oe.nllltduncllrDclcllllwl ...- ... llayof 20" JIIlrl _ d II~ ..I'-~aI' in In. MIOlII'ItIll'S D.....''''' NO. 12110 -- Aud'a.c....L.....~.... ~of8en~ _,...l...... --'---. By. -..- e ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1060 CHIQUITA LANE AND DATE STREET AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO e i- lJ5.00' ---~ "l" 0 "8 0 . CD ~ 20 ,~ ~ . __~e!~'~~~~__ ~ --- 2 g 0 "8 ~ . 21 N89'J6.")"[ \J~_oo' ;; <cO> --VIE~V&' ruwlE-- ~- --- "8 VIJW&,rt:V IN/@. 11 '15'1i@ 0"- ~ ~ 3 8 '" ~ ~ '" 22 ~ '" "189')6'43"( 135.00 ~Qi -;~--~--~,-- ~" --- ~ I I ~ L 0 4 0 I: 5 23 \ 10 0 I~ lTRACT BOUNO....RY I~ " --- " e I~ , 24 '<'~ ~ '..,. , S"J?.s "'r../"l;' ii'r Z \: LEGEND: ASSESSMENTDISnlI:T BOUNONIYliHCIWNTHUS: --- MUaOl'_TENANICl!SI<<M'N'I'IlUS: ASIEIIM!NT"",..EltI~TMU5; -- ~. e el1Y OF SAN BERNARDINO DEPARTMENT OF DEVElOPMENT SEJMCES PlIBUC WORKS DMSION VICINITY MAP CHIQUITA UH!tAND DATESTIlEEt AJtEA1.ANDSCAJ'Ij~'<<:E ASSESSMENT DI511Ucr EXHIBIT "3" FiIeclin1he0f5ceolIheCityClelllinIheCilyotSalna.m-.lino Ilu_d'YoI 20 RACHEL ClARK ell)' Clerk. Ciry 01 S." BwrwOroo 'M"'*'Ycertifylnalll-.lTllIP""""ngtneDfOClOlMdllOl6lOln_. ~OIlt1ldNo.l0e0inNCityalS...8emalainll. C<lUntyatSan8emlln:lino.~ofc.atbmr.....IppI'OVId'" ....M.yoran(lCclmrfoonCOUnc:;loIlheCrtyolS8nB<<nan:lino... ~~ngltlelW.heldOl\IIIe_~d . ..-d'.:" bnn ft: ~n-=:ce':;lhlI County Aec:omerofS8n&em.rdinoCounlyon""__ of .20 in~k PIIlI&(') 01 MIl~ of A;;;;....... .ncl Corrmunily F..II~..OI.Iri,*. AACHELClARK. CiIy o.n.. Cilyd San 8emWllO RKorded in lheolfic.afIl'eCilyE.ngin_ltllS_~d .2<l CITY ENGINEER City of San 8emanllno An._nt_I....-cI~\tIeMeyorandCamllDnCouncild \tie City dS.n BemIIllino lltl \tie 1011. piIcn.'nd ~do. laMShawnlltlll'lisa'_"*,,d~. Slid--.nl_ lev11d on \tie clayo! .20 tMaSHllmlllldl......"Olhe_"*"'I'llII_~---; \tie oIIIc:eof\tle City Engi.....o!..icI Cllyon h_dIr 01 .20 ~lICIIillIlIdekllhl a...........llQlllKOfdldinlhlolllcldItllCityEllgi_ "".. euclamounldeac:h_II/T1InlI..n.d..IIII..mpn1lld I....OW-nlltltti..._......diIgIam. RACHEL CLARK. Ci\yCl~CilyofSlnIMmllllim SanlWnan:linoCountyR~.~ ~ CD This InlIp ..... bHn II*, und.. Doeun.nI Num~ trIiI oayd 20 .It~ BooIo;~-- al~- ..t\tle~d . in\tle.,,-Illd' ORA""'" NO. 12110A -- Aud,~~ CCU1lydSan8emMlinD ---'-- --'--. '" -- CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT NOTICE OF EXEMPTION FROM: CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT 300 N. "0" STREET SAN BERNARDINO, CA 92418 TO: OFFICE OF PLANNING AND RESEARCH 1400 TENTH STcREET, 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. 1060 Project Location-5pecific: TRACT No. 17576 - - CHIQUITA LANE & DATE STREET AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Project Location-City: SAN BERNARDINO Project Location - County: SAN BERNARDINO Description of project: SBMC 12.90 PROCEEDINGS FOR THE ESTABLISHMENT OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Name of Public Agency Approving Project: CITY OF SAN BERNARDINO CITY OF SAN BERNARDINO Name of Person or Agency Carrying out Project: Exem.J1t Status: (check one) D Ministerial (Sec. 21080(b)(1); 15268); o Declared Emergency (Sec. 21080(b)(3); 15269(a)); o Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); !:X Categorical Exemption. State type and section number: Class 1 15301(c) Res.90-217.Sec. B2c o Statutory exemptions. State code number: Reason why project Is exempt: ESTABLISHMENT PROCEEDINGS FOR ASSESSMENT DISTRICT TO PROVIDE FUNDING SOURCE FOR MAINTENANCE OF LANDSCAPING Lead Agency Contact Person: RYAN SANDOVAL Area CodelTelephonelExtension: (909) 384-5226 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 Ve. 0 No Signature: Date: Title: Real Prooertv Soecialisl Date received for filing at OPR: li Signed by Lead Agency o Signed by Applicant EXHIBIT "4" PLAN10.05 (5-90) Rev ENG (5-97) Page 1 of 1 e e e CITY OF SAN BERNARDINO PROPOSED 2007 I 2008 ASSESSMENT ROLL - AD 1060 CHIQUITA LANE AND DATE STREET AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Assessment No. Parcel No. or Lot No. Assessment Amt. 1 TR. 17576 Lot-I $900.80 2 TR. 17576 Lot-2 $900.80 3 TR. 17576 Lot-3 $900.80 4 TR. 17576 Lot-4 $900.80 5 TR. 17576 Lot-5 $900.80 TOTALS: 5 Parcels 54,504.00 1060 I 2007 EXHIBIT "5" Pqc I oft , . . . 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 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 CHIQUITA LANE AND DATE STREET 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. 1060; 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. 1060, Chiquita Lane and Date Street Area Landscape Maintenance Assessment District. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. 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. 1060, the boundaries of which are generally as follows: The centerline of Date Street on the south; the centerline of Chiquita Lane on the west; and the northerly and easterly lines of Tcntativc Tract No. 17576 on the north and east respectively. 27 Reference is hereby made to the Engineer's Report on file in the office of the City Clerk of said 28 City for a map of the boundaries of said district, a description of the maintenance, an estimated cost 03/02/07 'Ilo. /P 11 (z.!g/ e 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 e e RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE CHIQUITA LANE AND DATE STREET AREA... ASSESSMENT DISTRICT NO. t060; 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 improvements within the district, which improvement shall consist of, but are not limited to, the maintenance of landscaping and all appurtenances along portions of the easterly side of Chiquita Lane north of Date Street, adjacent to Tract No. 17576. The estimated cost of said maintenance for the first year, including incidental costs, less general benefit amounts, is $4.504.00. 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, except as otherwise may be set forth in said Engineer's Report. All public streets or alleys, or portions thereof, within said Tract No. 17576, 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. 03/02/07 2 ; e e e 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... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMA nON OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE CHIQUITA LANE AND DATE STREET AREA... ASSESSMENT DISTRICT NO. 1060; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING. SECTION 5. The assessment financing alternative to be followed shall be as follows, to-wit: The estimated cost of the first year's maintenance, as set forth in said Engineer's report, shall be assessed against the properties involved within the current fiscal year or the fiscal year following the establishment of the district. Depending on when the costs are assessed relative to when the maintenance is assumed by the City, this assessed amount can be used as a source of pre-funding the first year's maintenance contract and incidental costs. Once the district has assumed the responsibility for the maintenance, the properties shall be assessed each year thereafter to establish a source of pre-funding each year's costs, or for the actual contract and incidental costs. If there are surplus amounts in the event of pre-funding of costs, then such surplus may be applied as a credit to the following year's assessment or retained in a reserve to offset future increases. Interest will be charged on any portion of the assessments 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 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, May 7, 2007, at the hour of 4:00 p.m., and that a public hearing will be held on Monday, May 21, 2007, at the hour of 4:00 03/02/07 3 , e 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 e e RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE CHIQUITA LANE AND DATE STREET AREA... ASSESSMENT DISTRICT NO. 1060; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING. p.m., both in the Council Chambers of City Hall, 300 N. "D" Street, San Bernardino, California for the purpose of determining whether the public convenience and necessity require the formation of the proposed maintenance district without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and whether the Mayor and Common Council should proceed with. ordering the above described improvements. At said public meeting and public hearing, any person may appear and file objections relative to the proposed district, the proposed maintenance or the costs thereof. Any person owning property within the proposed district may protest against said district, the proposed maintenance or the costs thereof, by filing a written protest with the City Clerk, 300 N. "D" Street, San Bernardino, California, 92418, prior to 4:00 p.m., May 21, 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 21, 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. Ifby the conclusion of said public hearing on May 21, 2007, 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 03/02/07 4 , e 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 e e RESOLUTION... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE CHIQUITA LANE AND DATE STREET AREA... ASSESSMENT DISTRICT NO. I 060; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING. 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) 384-5226 or by writing to same at 300 N. "0" Street, San Bernardino, California, 92418. SECTION 7. A copy of this resolution and a map showing the exteriorboundaries 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 Bcrnardino 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. /II /II 03/02/07 5 \ e e e 1 2 3 4 5 RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE CHIQUITA LANE AND DATE STREET AREA ... ASSESSMENT DISTRICT NO. 1060; 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 6 Common Council of the City of San Bernardino at a meeting thereof held on 7 the day of , 20_, by the following vote, to-wit: 8 Council Members: A YES 9 10 11 12 13 14 15 16 17 18 19 ESTRADA NAYS ABSTAIN ABSENT BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk 20 The foregoing resolution is hereby approved this _ day of 21. 22 23 24 25 26 27 28 Approved as to form: 03/02/07 ,20_. PATRICK J. MORRIS, Mayor City of San Bernardino 6