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HomeMy WebLinkAbout16-Development Services e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION e e From: Valerie C. Ross, Director Subject: Authorization to proceed and Resolution of Intention - formation of a Landscape Maintenance Assessment District in the Cajon Boulevard and University Parkway Area (Parcel Map No. 17375). Dept: Development Services Date: June 5, 2007 File No. 14.40-148 Synopsis of Previous Council Action: 10/17/06 - Tentative Parcel Map No. 17375 was approved, with conditions. MCC Date: July 2, 2007 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 University Parkway and Cajon Boulevard Area (Parcel Map No. 17375), to be known as Assessment District No. 1057; AND 2. Adopt Resolution. Vl/JW; t. ~I#- Valerie C. Ross Contact person: Ryan Sandoval Phone: Staff Report, Maps, Engineer's Supporting data attached: Report Re<ollltion Ward: 5226 6 FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees paid by applicant) Source: (Acct. No.) 254-000-2301-6051 (Acct. Description) Assessment District Deposits Finance: Council Notes: Agenda Item No. lto 7/ :;../JJ I e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Authorization to proceed and Resolution ofIntention - formation of a Landscape Maintenance Assessment District in the Cajon Boulevard and University Parkway Area (Parcel Map No. 17375). . BACKGROUND: e On October 17, 2006, the Planning Commission approved Tentative Parcel Map No. 17375, located to the northeast of Cajon Boulevard and southeast of University Parkway. On November 3,2006, Hillwood Investments, the developer/owner ofthis 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 future landscaping within slopes along portions of the easterly and westerly side of the overpass realignment of University Parkway (Lot 'C') and also to include the detention basin (Lot 'D') on the southerly portion of Tentative Parcel Map No.l7375. The detention basin will consist of native growth and will protect the parcels within the district from flood damage and is a direct benefit to this development. Maintenance in the detention basin will consist of periodic cutting of native vegetation and removal of debris and silt as needed. The developer has paid the required $4,000 formation fee. e Parcel Map No. 17375 consists of 7 commercial parcels and 3 lettered lots. The annual cost of maintenance and incidentals will be spread across these 7 parcels while the lettered lots will not be assessed due to not receiving any benefit from the improvements. 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 the retention basin, 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 the overpass realignment of University Parkway have been deemed to be of a general benefit. The general benefit portion of the annual cost of maintenance is estimated to be $4,464.81, and cannot be assessed to the District. This amount will need to be paid from the general fund or other non- district fund source. As set forth in the Engineer's Report, the estimated total annual assessment, including all incidental expenses, is $64,774.15. Assessment units on commercial land are assigned to each parcel based on the number of 7,200 square foot single family lots that could be developed on the site if it were developed for residential use and gives a basis for calculating the assessment spread. In essence, each parcel is assessed in proportion of its size to the other parcels within the district. The per lot assessment will vary across each parcel but ranges from $927.89 to $23,672.31 per parcel. 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 Staff Report - Continued e this amount will either need to be approved by the property owners within the District, or be paid for by the City. The developer/owner has requested this Landscape Maintenance Assessment District to be a "default" district, where the property owners, through an Association, will be maintaining the detention basin only. The District will still maintain the landscaping in the slope area along University Parkway. The Assessment District will only take over maintenance of the detention basin in the event of default in the maintenance by the Association. However, the City will collect the first year's maintenance cost, which will be held in reserve in the event that the City has to take over the maintenance. A Maintenance Agreement between the City and the owners of the. parcels will be submitted for approval along with the final action of this Assessment District, on August 20, 2007. e The attached Resolution of Intention sets a public hearing for August 20, 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 hearing, along with an Assessment Ballot form. Since all of 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. FINANCIAL IMPACT: The applicant has paid the $4,000 processing fee. Estimated costs of annual maintenance in the amount of$64,774.15, 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 $4,464.81, 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 Cajon Boulevard and University Parkway Area to be known as Assessment District No. 1057 (Parcel Map No. 17375), and that the attached Resolution of Intention be adopted. tit 1--.-. LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1057 Highland Ave. Base Line S1. 5th 51. Rlalto Ave. Mill 51. o ~ . ~ . o o B :!. ~ ;:: ;; ;: Orange how Rd. .. . D J{ VICINITY MAP 'W NO SCALE ;j B' ,.1!J'- _ ill CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1057- Cajon Boulevard and University Parkway Area (PM 17375) ~ indicates un-incorporated areas wfihin City's ~ Sphere of Influence Created by: Ryan Sandoval Date: 4/12/07 e I . !I URi' ~. o :i u " u ~ " Ii ~~ ~ II If ~ ~G ~'t; ::J ~ 1.i~ ! th~iJ. 1ldli::"'a::"a~'E ~~..li I~j~~~ '-,~ 'I~' I' i;t~ )8 i (,)uu", "'2lil l~'Sl=~~'E .of I ~'h' H . '100" .. ...:g . g.l III '0 !el'" ~ ~ ~~ H.. ... d " . ! r;: ~ ~o '" 0 ~ ~ 0 :Ju ~ic71~:tl !1_:Jl ~:i ~P\"i f t~ ~u ~ifil 8o[~ 0" "u>_ "u _ . o I 11 ':~ o . l o ~ . . .. i . .. . i HI ~Ii oil ~ i u t ! i!i I. ~l.i5i "1"1 ~l5B1i' C Ul E,.,C _ '5! . . . .. "'} ~! 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I~ hi j!1 ~<lJ ~ ::; ~ Z iJ ;; e e e ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1057 (Cajon Boulevard and University Parkway Area Landscape Maintenance Assessment District) In the CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA File No. 14.40-148 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION Prepared OS/22/2007 1 wng;neers Report-AD 1057 ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1057 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 e 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. 1057, 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 e CITY CLERK City of San Bernardino 2 "ngineers Report - AD 1 057 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1057 (Cajon Boulevard and University Parkway Area Landscape Maintenance Assessment District) PETITION -- On November 3, 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 Parcel Map No. 17375. 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 Parcel Map No. 17375 by the City to relieve the City from having to maintain the areas of landscaping. e AUTHORIZATION -- On ,2007, by action of the Mayor and Common Council of 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.1 057 (Cajon Boulevard and University Parkway 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 November 3, 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 the detention basin along the southeasterly side of Parcel Map No. 17375, also known as Lot 'D'. Maintenance in the detention basin will consist of periodic cutting of native vegetation and removal of debris and silt as needed. Future areas to _e maintained by the District will be landscaping and all appurtenances within slopes along portions on the easterly Wnd westerly sides of the future realignment of University Parkway. , .> i-n Wngineers Report - AD 1057 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 OF BOUNDARIES -- The boundaries of the proposed district are shown on the Assessment Boundary Map of Assessment District No. 1057 and are generally described as follows: The northeast line ofthe B.N.S.F. Railroad on the southwest, the centerline of University parkway on the northwest and the northeasterly and southeasterly lines of Parcel Map No. 17375 on the northeast and southeast respectively. VICINITY MAP -- A vicinity map showing the general location of the proposed Assessment District is attached as Exhibit "I". 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 eecorded in the office of the City Engineer after final approval of this Report, confirmation of the Assessment Roll and Resolution Ordering Work. A reduced copy of the Assessment District Diagram is attached as Exhibit "3". NOTICE OF EXEMPTION -- a "Notice of Exemption" declaring a Categorical Exemption was prepared and will be filed with the Clerk of the Board of Supervisors of San Bernardino County upon formation of the District. No further environmental proceedings will be necessary. A copy of the Notice of Exemption is attached as Exhibit "4". METHOD OF ASSESSMENT AND DETERMINATION OF BENEFIT -- Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties in the area is determined to be equal to the area of each lot or parcel that utilizes the landscaped areas either as ingress and egress or by actual physical use of the land as in the cases oflarge open areas. The detention basin will protect the parcels within the district from flood damage and is a direct benefit to this development. 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. The benefit received by each lot or parcel is proportional to the area of each lot or parcel in relation to the total area within the District boundaries. Since the proposed development for this area is commercial use, assessment units are assigned to each lot or parcel based on the number of single family residential units that could be built if the area were developed for residential use, based on the minimum lot size of 7,200 square feet as set forth in the City's General Plan. Thus, each lot or parcel area (in square feet) is divided by 7,200 to determine its assigned assessment unit or portion thereof. (7,200 Square Feet = I Assessment Unit). tit Based upon the commercial parcels proposed to be developed, the total assessment units for the district will 4 _ngineers Report-AD 1057 be 633.85. The benefit received by the parcels within the boundaries of the district is determined to be of more than ordinary public benefit, thus each parcel within the district being assessed receives a special benefit from the improvements. If property not within the boundaries of a district also receives some benefit from the improvements, consideration must then be given to a general benefit given by the improvements, which may not be assessed to the parcels within the district. Since the installation and maintenance of the landscaping and establishment of an assessment district for the maintenance of the landscaping is specific and incidental to this development, it is further determined that the improvements to be maintained by the assessment district are of special benefit to the district only and are 100% assessable to the parcels within the boundaries of the assessment district, except as follows: I. Areas of maintenance that front on maior arterial streets, as determined by the Circulation Plan of the City's General Plan, are determined to be 15% general benefit and the proportional costs thereof are not assessable to the District. 2. Areas of maintenance that front on secondary arterial streets, as determined by the Circulation Plan of the City's General Plan, are determinef:i to be 10% general benefit and the proportional costs thereof are not assessable to the District. e 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. Based on the City of San Bernardino's current circulation element of its General Plan, this portion of University Parkway is designated as a maior arterial street. Thus 15% of the cost oflandscaping maintenance and appurtenances along University Parkway, is deemed to be of general benefit and not assessable to the parcels 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 Mereafter to establish a source of pre-funding each year's costs, or may be assessed for the actual contract and .cidental costs plus interest. Interest will be included in the assessment costs for any amounts or portions not pre- 5 __ngineers Report-AD 1057 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 in maintenance costs. The costs shown in Table I for debris removal are based on an estimate of 6 storm events per year. Future cost may vary based on the actual number of events and the cost shown in Table I will be pro-rated accordingly, plus any applicable escalators, and reserves deemed to be necessary to ensure adequate funding for operations over a long term. The assessment, whether pre-funded or not, shall be levied, collected and enforced in the same manner, at the same time, and with the same penalties and interest as in the case of taxes levied for property taxes. Table I sets forth the estimated costs of the first year's maintenance. No Bonds will be sold relative to this Assessment District. ASSESSMENT SPREAD -- The amount of each Assessment Unit is determined by dividing the total maintenance costs, including all incidentals, by the total number of assessment units, as determined by the above Method of Assessment Each parcel in the district is then assessed based upon the total number of Assessment Units calculated for that parcel. ASSESSMENT ROLL -- There will be 7 commercial parcels within Parcel Map No. 17375, once the final map is recorded, each lot or parcel area (in square feet) is divided by 7,200 to determine its assigned assessment unit as described under Method of Assessment, and assessments are spread accordingly. No further subdivision of the _arcels is anticipated. An Assessment Roll representing the estimated first year's maintenance costs has been prepared for the 7 parcels within Parcel Map No. 17375 and is shown as Exhibit "5", Any parcels remaining vacant, or not being subdivided, will be assessed based on the number of commercial 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 future increases in assessments as contract, labor, water and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Orange County-Inland Empire area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed, exceed 5% without a majority approval of property owners in the district. e 6 wngineerS Report - AD 1057 e TABLE 1 ESTIMATED FIRST YEAR'S COST SUMMARY Assessment District No. 1057 (Cajon Boulevard and University Parkway Area Landscape Maintenance Assessment District) Description olCosts Quantity Unit Cost/Unit Annual Cost A 8 C D E F Maintenan<e of Turf I Irril!3tion - Sa.Ft. 0.20 $ - Maintenance of Ground<over IShrubsIIrrigation 85,451 Sa.Ft. 0.20 $ 17,090.20 Maintenan<e of Trees I Irril!3tion 61 Ea. 50.00 $ 3,050.00 Landstape Area Subtotal 85,451 So.Ft. Irril!3tion Costs (water and enel1!V) 85,451 Sa.Ft. 0.10 $ 8,545.10 Detention Basin VOl!etation Abatement 102,810 So.Ft. 0.12 $ 12,337.20 Detention Basin Maintenance Cost - 48 Cubic Yards l(Estimated based on six 161 storm events a vear) 1 L.S. 22,000.00 $ 22,000.00 Total maintenance area 188,261 Weeklv Inspection (Iabor,overhead) (Total Annual Hrs) 52 Hours 30.00 $ 1,560.00 Annual Assrnt. En!!ineerin!! IIabor+-overhead) 5 Hours 33.00 $ 165.00 Contract Adminstration (Iabor+-overhead) 15 Hours 22.00 $ 330.00 Incidentals (materials, supplies, other costs) 1 L.S. 100.00 $ 100.00 Outside Department Services (Iabor+-overhead) I L.S. 400.00 $ 400.00 Subtotal (A thru N) $ 65,577.50 General Benetit Cal<ulations: Area of General Benetit 85,451 Sa.Ft. Pertent of Total Area (P I II) 45.39% Subtotal (N' Q) $ 29,765 General Benetit Per<enta!!e 15% General Benetit Amount Not Assessable IR . S) $ 4,464.81 $ (4,464.81) SubtotallN+ n $ 61,112.69 Estimated Interest for non-prefunded amounts' 6% $ 3,666.76 Subtotal (U+V) $ 64,779.45 Adjustment (Rounding for Assessment Roll) $ (5.30) TOTAL FIRST YEAR'S ESTIMATED COSTS (W + X) $ 64,774.15 G H I J K L M N o P Q R S T U V W X ASSESSMENT CALCULA T10N -- 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 $64,774.15+ 633.85 = $102.19 per Assessment Unit per year. 7 e Engineers Report - AD 1057 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. 1057. (Caion Boulevard and University Parkwav Area Landscaoe Maintenance Assessment District) e .-- - ]:?~ 0"7 o '/ / rk Lancaster, Deputy Director/City Engineer Date e 8 _ng;neers Report - AD 1057 e e List of Exhihits L 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 2008/2009)...... Exhibit "5" 9 e LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1057 Highland Ave. Base Line St. 5th St. Rialto Ave. MiIISt. )( VICINITY MAP NO SCAlE y CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No.1 057 - Cajon Boulevard and University Parkway Area (PM 17375) ~ indicates un-incorporated areas within City's ~ Sphere of Influence Created by: Ryan Sandoval EXHIBIT "1" Date: 4/12/07 e ~ H~ .~ i ';/ L I l~H, q!~ ~~H!ljl~ 'Ii "" ....I.! Ul 0 .,~o l!'21~1 Zj. I '!~{ll~h II f li!>il';8 ~ . C~lll~Ji!.~~~ i I~. i -. ~ . .." _" , l !h1lhU ~~ i~8f' 1~'I.lt ~~ 'pJi I. I ~o h j d I II ~~ : I t~!!r ia; , () I h! ' I' I ~._.. . ._..iA~"~.._ ,I ........ a~ ..... r \ ~!'i l~1 ' I I i r'~'-r-=="-"T""'''''' ! I.,',' I. 'I ,i'1 ! '." I' , ~. . 1 ri h." ' ~: '~ ., r.., wi, i fi Ii ~I 0 I I ! f III l~. ~ ,: Q ~I ' ILI;l ~j U~ ~ --- -'II' I U ~ , :~ II! )IJ ~ 19 ).fj)-'-----~'i-J~ ~ ,< 1 'I ~ I Q " : I ..., J:, 0 I" -.. 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I~~ I" .. fiu :s 11. q i!~, i~'!'l' -Iii .. ~ Ii ~ .~ 15'lj I' I'!; Hhu '. 2 I . . . H "i ~o I~~ . , . "5 : ~, OR; . ' "5i i . , ~I ! I 0'0 .. ," ~ I .~~ t- i tr) 1-0 = :::l~ .... "z ~ . >- t/;", ,.:; 0 ~ i5 ~ ~ Z ~ rz~ "' w ~ t...... e...::El.I.. rlol r'" >- ~ 0 ....... U !:: ~> -<;:~~~ ~ ~ <::;:, Q ~ w 0 Eo- Zvu t....oo =~9 L"'.. Czz ZQ ~~~ ~t- ~~~ ..... "'::;" ~Z ~w~ rJj r_' -: ~ ;z: 00.. Suo( ~ ~ a: i:l~ oor:l'1 a~o rJ). rJ.J :;:...l ~ <~ u~~ '" ",;E '" ~ -< z ffi] ~~ -. I~~ uu EXHIBIT "3" III:I}l ~ !!1i_ l i : I ! i IIJ:' I b i "'_I I !i c;: 101 ... Hili i i Hl11f ~ , . J II~d~ -[ j I! Iz ~ H Ifj~e@ I '~! j,i I ~ ~ 0 " 0 U) z ~ () Q ~ ,'a:.... Q z ~ !z in f"~ <( ffi ~ ;) ~ t;J I ~ ~ ~ 51 ~ l Ci ~:s ~ ~~. W9~~.:i:g ..~~~ al~a:a:a:~ ,,~wffil ZC~~~t;J "L! I I . c:i l!; (J ~,,~ ~. o~ i . 0 'I ....:l:> ~ <( ~~~tl i ffi ~'l u.~~ ~ct:ffi !~~! ~ a. , 0".. z::!z <il2I l:!u ~ :::: 0: i l > F 0_ ~2 -I ~ · · , · 'I !::: ~ 6 ~ <c... i ~ ufh i. Q U Ij 4~~ ! ~j!~ Ha ~ .. <( ::; ~ z U ;; cf:j'€l. ~~, CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT NOTICE OF EXEMPTION FROM: CITY OF SAN BERNARDINO DEVELOPMENT 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. 1057 Project Location-Specific: PARCEL MAP No. 17375 - CAJON BOULEVARD AND UNIVERSITY PARIWVAY 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 Name of Person or Agency Carrying out Project: CITY OF SAN BERNARDINO ExemJ:!t Status: (check one) o Ministerial (Sec. 21080(b)(1); 15268); o Declared Emergency (Sec. 21080(b)(3); 15269(a)); o Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); [J 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 CodelTelephone/Extension: (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 Ves 0 No Signature: Date: Title: Real Property Specialist l:iiI Signed by Lead Agency 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 _ 2008 12009 ASSESSMENT ROLL -AD 1057 ., CAJON BOULEVARD AND UNIVERSITY PARKWAY AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Assessment No. Parcel No. or Lot No. Assessment Amt. 2 3 4 5 6 7 PM. 17375 Parcel-I PM. 17375 Parcel-2 PM. 17375 Parcel-3 PM. 17375 Parcel-4 PM. 17375 Parcel-5 PM. 17375 Parcel-6 PM. 17375 Parcel-7 $ 10,466.30 $23,672.31 $6,034.32 $3,870.96 $4,977.67 $14,824.70 $927.89 TOTALS: 7 Parcels $64,774.15 e e 1057 /2008 EXHIBIT "5" Page I of I 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 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 CAJON BOULEVARD AND UNIVERSITY PARKWAY 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. 1057; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A 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. 1057, Cajon Boulevard and University Parkway 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. 1057. the boundaries of which are generally as follows: The northeast line of the B.N.S.F. Railroad on the southwest. the centerline of University parkway on the northwest and the boundary line of Parcel Map No. 17375 on the northeast and southeast. Reference is hereby made to the Engineer's Report on file in the office of the City Clerk of said City for a map of the boundaries of said district, a description of the maintenance, an estimated cost OS/22/07 '1'1D. I? 1 /,t-/~l 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 CAJON BOULEVARD AND UNIVERSITY PARKWAY AREA... ASSESSMENT DISTRICT NO. 1057; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF 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 the detention basin along the southeasterly side of Parcel Map No. 17375, also known as Lot 'D'. Future areas to be maintained by the District will be landscaping and all appurtenances within slopes along portions on the easterly and westerly sides of the future realignment of University Parkway. The estimated cost of said maintenance for the first year, including incidental costs, less general benefit amounts, is S64,774.15. 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 Parcel Map No. 17375, 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 parcel 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 OS/22/07 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 FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE CAJON BOULEVARD AND UNIVERSITY PARKWAY AREA ... ASSESSMENT DISTRICT NO. 1057; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. office of the City Clerk of said City. for full particulars and proposed assessment amount against each parcel. SECTION 5. The assessment financing alternative to be followed shall be as follows, to-wit: The estimated cost of the first year's maintenance, as set forth in said Engineer's report, shall be assessed against the properties involved within the current fiscal year or the fiscal year following 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. Ifthere 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. OS/22/07 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 tit e RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE CAJON BOULEVARD AND UNIVERSITY PARKWAY AREA ... ASSESSMENT DISTRICT NO. 1057; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. SECTION 6. NOTICE IS HEREBY GIVEN that a public hearing will be held before the Mayor and Common Council of the City of San Bernardino on Monday, August 20, 2007, at the hour of 4:00 p.m., 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 93 I and whether the Mayor and Common Council should proceed with ordering the above described improvements. At said 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.. August 20, 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 August 20, 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 August 20, 2007. protests have been filed and OS/22/07 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 e 27 28 e e RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AI'iD NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE CAJON BOULEVARD AND UNIVERSITY PARKWAY AREA ... ASSESSMENT DISTRICT NO. 1057; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. not withdrawn by property owners representing over 50% of the assessment units to be assessed, or ballots returned representing over 50% of the assessment amount of the returned ballots, these proceedings shall be abandoned and no assessments shall be imposed. Additional information may be obtained by contacting the Department of Development Services, Real Property Section, at (909) 384-5226 or by writing to same at 300 N. "D" Street, San Bernardino, California, 92418. SECTION 7. A copy of this resolution and a map showing the exterior boundaries of the proposed improvement district with relation to the territory immediately contiguous thereto and to the proposed improvement will be on file with the City Clerk and will be available for inspection by any person or persons interested. This map shall govern for all details as to the extent of the proposed improvement district. SECTION 8. The City Clerk is hereby authorized and directed to publish a copy of this Resolution in the San Bernardino County Sun, a newspaper of general circulation published in the City, and shall cause Notice to be mailed as required by Section 12.90.040(C) of the San Bernardino Municipal Code. /II /II 05/22/07 5 e e RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND 1 NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE CAJON BOULE V ARD AND UNIVERSITY PARKWAY AREA ... 2 ASSESSMENT DISTRICT NO. 1057; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 MCCAMMACK 17 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on the day of ,20_, by the following vote, to-wit: Council Members: A YES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON 18 19 20 21 22 23 24 25 Cit)' Clerk The foregoing resolution is hereby approved this day of ,20_ PATRICK J. MORRIS, Mayor City of San Bernardino Approved as to form: ) / -l .' ("0, .; _ , v',/,/ " .7::'(.0 26 J ES F. PENMAN, City Attorney e , . 27 28 OS/22/07 6