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HomeMy WebLinkAbout10-Development Services I l...--_,".__ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Deyelopment Seryices Subject: A.uthorization to proceed and Resolution of Intention - proposed Landscape Maintenance Assessment District in the Orange Show Road and Tippecanoe A\'enue area (Parcel '.Iap No, 17132). From: Valerie C. Ross. Director Date: October 29.2007 File No. 14..40-156 Synopsis of Previous Council Action: M,CC Date: 11-19-2007 12/05/2006 - T entati\<, Parcel '.lap :\0, 17132 \\as approyed with conditions, Recommended Motion: 1. That the Director of De\elopment Sel\ices and the City Clerk be authorized to proceed under SBMC 12,90. \\ith the establishment of a Landscape '.Iaintenance Assessment District in the Orange Sho\\ Road and Tippecanoe A yenue area (Parcel '.Iap :\0.17132). to be kno\\n as Assessment District :\0, 1059: Al'iD , Adopt Resolution, ~C.R~ Valerie C. Ross Contact person: LASZLO "Les" FOGASSY 5026 Phone: Supporting data attached: StatlRepon. '.Iap. Engineer's Report. Res. FUNDING REQUIREMENTS: Amount: 55.900 (Processing fee paid by De\'eloper) (5627 Estimated annual general benefit amount) Source: (Acct. No.): 25-1-000-2301-6055 Ward: 3 (Acct. Description): Assessment District Deposits /6055 i General Fund for general henetit amount Finance: Council Notes: Agenda Item No, JJJ~ It) , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Sl'B.JECT: Authorization to proceed and Resolution of Intention - proposed Landscape Maintenance Assessment District in the Orange Sho\\ Road,and Tippecanoe A\'enue area (Parcel :vlap No. 17132). BACKGROl'~D: In No\'ember of 2006. In anticipation of the appro\'al of the Tentati\'e Parcel \Iap No. 17132. consisting of 6 industrial parcels located on the north and south sides of Orange Sho\\' Road. west of Tippecanoe A \'enue. Jack Langson of lnwstment Building Group. owner and de\'eloper of this property. submitted a request for the formation of a Landscape Maintenance Assessment District.' On December 5. 2006. the Planning Commission appro\'ed Tentatiw Parcel Map No, 17132. The formation of an Assessment District relie\'es the City of the maintenance costs. except for the General Benetit amount as stated belo\\'. and as~esses the costs to the properties recei\'ing the benefit from the landscaping and its maintenance, The landscaping to be maintained by the assessment district consists of landscaping and hardscaping in the median along Orange Sho\\' Road adjacent to and easterly of the dewlopment. The estimated annual cost of maintaining this area. including all incidental expenses. is $4.39-L of which $627 is general benefit \\'hich cannot be assessed to the District and will need to be paid from the General Fund, , When the Assessment District takes o\'er the maintenance. a budget transfer for the General Benefit amount \\'ill be requested by'the Parks. Recreation and Community Ser\'ices Department. into the Assessment District fund when the maintenance contract is awarded, The remaining $3.767 will be spread across the 6 parcels. The assessments \\'ill \'ary based on the size of the parcels but will range from 5256 to 51.654 per year, The attached Engineer' s Report contains the full details regarding maintenance costs. assessment determination and assessment spread for each parcel and is attached for your re\'iew. Assessments are subject to an annual increase of 5% or the Consumer Price Index (CPI), whichever is less. The attached Resolution of Intention preliminarily appro\'es the Engineer's Report and sets a public hearing for January 7. 2008. The property O\\'ner of record will be sent a notice of the hearing along with assessment ballots. Future property owners will purchase the units subject to the Assessment District and will be gi\'en 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 $3.767. deemed to be a special benetit. will be assessed back to property owners within the Assessment District. The estimated annual cost of maintenance in the amount 01'$627. deemed to be a general benefit. will need to be paid from the general fund. RECOMMENDA nON: That statT be authorized to proceed with the formation of the Assessment District and that the attached Resolution be adopted, 1.:.- No Scale 5th St. Mill St. ,; > <( . o c o u . 0. Orange Show Rd. ~ LOCATION OF PROPOSED ASSESSMENT DISTRICT NO. 1059 o VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1059 - Oreange Show Road and Tippecanoe Avenue Area (P.M.17132) ~ indicates un-incorporated areas ~ within City's Sphere of Influence I Created by: L.o~;;z/o F OQ055Y Date: 10-24--01 I -+---__.>'"~"' ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1059 (Orange Show Road and Tippecanoe Avenue Area Landscape Maintenance Assessment District) CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA File No. 14.40-156 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES . PUBLIC WORKS DIVISION Prepared: October 10, 2007 by GFB-FRlEDRlCH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 (951) 781-0811 1,_..,,,,,, Engineer's Report - AD 1059 ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1059 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 I?ernardino, 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'ofSan 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. 1059 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 Ii Engineer's Report - AD 1059 CITY OF SA!'.' BE&1\IARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS /ENGINEERING DIVISION ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1059 (Orange Show Road and Tippecanoe Avenue Area Landscape Maintenance Assessment District) PETITION - On November 18,2006, a petition was received from the owner or the developerrepresenting the owner of property within the proposed assessment district for the establishment of an assessment district for the maintenance of landscaping in the median fronting on portions of Parcel Map No. 17132 on the northerly side of Orange Show Road (Parcels I through 5) and on the southerly side (Parcel 6). 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 Parcel Map !\io. 17132 by the City to relieve the City from having to maintain the areas of landscaping and assess the costs of said landscaping to those properties receiving the benefit of said maintenance. AUTHORIZATION - On ,2007, by action of the Mayor and Common Council of the . City of San Bernardino, the Director of Development Services and City. Clerk were authorized to initiate proceedings for the formation of Assessment District No. 1059 (Orange Show Road and Tippecanoe Avenue Area Landscape Maintenance Assessment District j 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 ofIntention No. adopted by the Mayor and Common Council of the City of San Bernardino on the day of ADVANCE OF ESTIMA TED COSTS OF PROCEEDINGS - On November 28.2006, 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 are more than the deposit. then the remainder can either be paid in a lump sum by the developer or assessed against the properties involved. EASEMENTS - All landscaping to be maintained will be within the dedicated right of way and/or within landscape maintenance easements and/or City-owned lots and no maintenance will be carried out on private property. DESCRIPTION OF IMPROVEMENTS - The improvements to be maintained include median landscaping within Orange Show Road adjacent to the development. Engineer's Report - AD 1059 PLANS AND SPEC/FICA T/Ol'l'S - Plans and Specifications for the landscaping have been prepared by the developer according to the standards of the City and are subject to final approval by the City prior to the installation of any landscaping. DESCRIPT/OIV OF BOUNDARIES - The boundaries of the proposed district are shown on the Assessment Boundary Map of Assessment District No. 1059 and are generally described as follows: Orange Show Road. Tippecanoe Avenue. and the northerly. westerly and southerly boundary lines of Parcel Map No. 17132. "1C/NITY MAP - A vicinity map showing the general location of the proposed Assessment District is attached as Exhibit "1". DISTRICT BOUNDAR r iHAP - A proposed 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 EXEMPT/OJ\' - a "Notice of Exemption" declaring a Categorical Exemption was prepared and will be filed with the Clerk of the Board of Supervisors of San Bernardino County upon formation of the District. No further environmental proceedings will be necessary. A copy of the Notice of Exemption is attached as Exhibit "4". METHOD OF ASSESSMENT AND DETERMINATION OF BENEFIT - Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties in the area is determined to be equal to the number of residential units that utilize the landscaped areas either as ingress and egress or by actual physical use of the land as in the cases of large open areas. The boundaries of the proposed district are drawn with this in mind and the Resolution oflntention delineates the specific areas of maintenance which will benefit all of the properties within the boundaries. Thus, each residential lot or unit, be it a single family lot, a condominium or an apartment will be assessed an equal share in the cost of maintenance (1 residential lot or unit = I Assessment Unit). The parcels of land within this district are all zoned commercial. To determine the number of equivalent residential Assessment Units per commercial parcel, the square footage of each such parcel is divided by 7,200 square feet, which is the average size of a residential parcel within the City of San Bernardino. 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 I EnRineer's Report - AD 11159 I, Areas of maintenance that front on maior arterial streets. as deternlined by the Circulation Plan of the City's General Plan. are deternlined to be 15% gel/eral bel/efit and the proportional costs thereof are not assessable to the District. , Areas of mai11lenance that front on secondary arterial streets. as determined by the Circulation Plan of the City's General Plan. are determined to be 10% gel/eral bel/efit and the proportional costs thereof are not assessable to the District. .', ,.\reas of maintenance that front on collector streets, as deternlined by the Circulation Plan ofthe City's General Plan. are ddermined to be 5% gel/eral bel/efit and the proportional costs thereof are not assessahle to the Distriet. -l, ,".reas that front on local streets are deternlined to be 100% special bel/efit and are 100% assessable to the District. Based on the City of San Bernardino' s current circulation element of its General Plan. this portion of Orange Sho\\' Road is designated as a major arterial street. All other landscaping is within easements or permit areas not 'located a10ng any public street. thus 8500 of the cost of landscaping maintenance and appurtenances in the Orange Sho\\ Road median tronting Parcel "Iap '\0, 17132 (that is. 15% of the cost is gel/eral bel/efit) is deemed to be of special bel/efit, and there is no other landscaping maintenance assessahle to the lots ,,'ithin the .".ssessment District Publici\' O\med lands \\'ithin the Assessment Districl.if an\'. are subject to assessments. unless thev receive . ... - . no benefit with the exception of public right of way. \\'hich is not subject to assessments, It has been determined that the City of San Bernardino property will notreceiw any benefit from the maintenance under the Assessment District and \\ill not be assessed, METHOD OF FISASCLYG - The estimated cost of the first year's maintenance shall be assessed against the properties in\'olyed within the current fiscal year or the fiscal year follo\\'ing the establishment of the district. Depending upon when the costs are assessed and when the actual maintenance is assumed hy the Cit~,. this assessed "mount 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 ad\'ance 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 pre\'ious assessments, If there is a surplus from the estimated assessment in the e\'ent costs are pre- funded through pre\'ious assessments. any'such surplus shall be applied as a credit to the following year's assessment or placed in a reser\'e fund to co\'er future increases or maintenance until such reserws are depleted. The assessment. whether pre-funded or not. shall be le\'ied. collected and enforced in the same manner. at the same time. and with the same penal tie,S and interest as in the case of taxes le\'ied for property taxes, Table 1 sets forth the estimated costs of the first year's maintenance, No Bonds will be sold relative to this Assessment District. Engineer'.\' Repor/- AD /()5Y ASSESSJIEXT SPRE4D - Th~ amount of ~ach ..\ss~ssm~nt Unit is d~t~rmin~d b: diyiding th~ total maintenance costs. including all incidentals. by th~ total numb~r of assessment units. as determin~d by the aboye J/et/lOtI ofAssess",e/lt. Each parcel in the district is then ass~ss~d based upon the total number <)1' Assessm~nt l'nits calculated for that parcel. ASSESSJIEST ROLL -Presently there arc 6 commercial parcels \\ithin Parcel '.Jap :\0. 1713~. with each parc~rs assessment being based l)n the number ofass~s"l1ent units as d~scribed under .lIef/lOti ofAssessl/lellt: ,\,) furth~r subdi\'ision of th~ parcels is anticipat~d. ..\n ..\ssessment Roll repres~nting the estimated first year's maint~nance costs has b~~n prepared tin the 6 parcels within Parcel '.lap :\0, 1713~ and is shO\\'n as Exhibit "5". F[T['RE APPORTIOS.lIESTS - In the e\'ent that the assessment units. as detenl1ined under '.lethod of Assessment. change for any parcell s) during the term of the Assessment District. the assessment amount for that parcel(s) will change accordingly...\ny increases based solely on change in parcel size. land use or density. which \\ould result inan increase of assessment units. will not be subject to a public hearing as long as the formula lor determining the assessments as described is applied. Pursuant to Chapter I~. 90 of the San Bernardino '.lunicipal C,)de. such reapportionments do not require the recording of an amended Diagram \lap, f[T[,RE /;VCREASES - Due to the nature oflandscape maintenance. it is anticipated that there will be flllure increases in assessments as contract labor. \\'ater 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 inc-rease 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 pre\'ious year. or 5%. \\'hiche\'~r is less. The CPI is typically used for maintenance districts. The rate yaries from y~ar to year. but in no ~vent will an increase. if needed. exceed 500 without a majority appro\'al of property 0\\ ners in the district. THIS SP.KE I:\TE:\TIO:\ALL Y LEFT BL..\:\K I " Engineer's Report- AD 1059 TABLE 1 ESTIMATED FIRST YEAR'S COST SUMMARY Assessment District No. 1059 (Orange Show Road and Tippecanoe Avenue Area Landscape lYiailllenance Assessmelll District) Description breasts Ouantil1' Unit Cost/Unit Annual Cost A B C D E F G H t J K - Maintenance of Groundcover I Shrubs I Irrigation 7,073 Sa. Ft. 0.15 $ 1.060.95 Maintenance of City Fuel-Mod Thinnin. Area 0 Sq Ft. 0.04 $ 0.00 TOTAL AREA OF MAINTENANCE (A + B) 7.073 Sq. Ft. - - Maintanance of Trees / Irrioation 0 L.S. 0.00 $ 0.00 Water and Energy Costs 7.073 Sq.Ft. 0.08 $ 565.84 Weekly Inspection (labor, overhead) (Total Annual Hrs) 52 Hours 30.00 $ 1.560.00 Annual Asmt. Engineerin' (labor + overhead) 5 Hours 33.00 $ 165.00 Contract Administration (labor + overhead) 15 Hours 22.00 $ 330.00 Incidentals (materials. sUDPlies. other costs) 1 L.S. 100.00 $ 100.00 Outside OeDartmeDt Services (labor + overhead) 1 L.S. 400.00 $ 400.00 Subtotal (A + B + D + E + F + G + H .,. I .,. J) $ 4,181.79 General Benefit Calculations: Area of Maintenance 7.073 Sq. Ft. Percent of Total Area (Q I C) ROlllllled 100 % Proportioned cost of Total Cost (KxR) $ 4,181.79 General Benefit Percenta!!e (S X T) 15 % $ 627.27 General Benefit Amount Not Assessable (T x -I) - $ (627.27 Subtotal $ 3.554.52 Estimated Interest for non-prefunded amounts * 6 Percent $ 213.27 Subtotal . $ 3.767.79 Adjustment (Rounding for Assessment Roll) $ (0.01) TOTAL FIRST YEAR'S ESTIMATED COSTS $ 3,767.78 Q R S T U NOTE: The Unit Costs in the above table are based on an accumulated average of actual costs from prior years. * Estimate based on full year's interest. Interest charged only on portions that are not pre-funded by the prior years assessments as stated above. Rate varies based on City's average earnings as stated above. ASSESSMENT CALCULA TION -- Applying the Method of Assessment and Assessment Spread described above. the following formula is used to determine the assessment amount per Assessment Unit: Total Costs + Total Assessment Units = cost per Assessmelll Unit thus $3,767.78 + 137.76 AU = $27.350 per Assessment Unit (AU) per Year Engineer's Repor/-AD 1059 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, 1059 (Granee Sho\1' Road and Tirmecanoe Avenue Area Lani/scane Main/cnance Assessme11l Dis/rict). Date:' /tJ-/J7-t? 7 . Engineer's Report -AD J()59 List of Exhibits 1. \'icinity I\lap..... .... ..............................................Exhibit "1" ~ 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" c " "- .. . o ~A ~ LOCATION OF ASSESSMEl\l DISTRICT VICINITY MAP . EXHIBIT "1" I, , . ~ , . . I:: 1,0 IH w' I~ ~ la:c3 ! I J1 ] 1':1 ~ ~ u . < > < ~ - . o . . ~ !i' ~~ ~ ~ ~ ~ _ii It ~~1Il f f~~ 0 =.UJ ~ ;; ~ :'1 -" ~ ~ I ~ !~I ~ ~ ~~ .. =::: ; ~ ~ I ~~ . d ;''1:: ';. () ~ ~ I ~ ~~~~1i ~ ~ !8~1'; ~ ~ ~ : ~ j a: ~ jlll :;1 j HUH R ~O Ii ~ ~~';o~~~ I ~~ I ~ ii ~_.;;~~~~~ i-IoU I - ~~'~= ig ii '~.~ f~El~i ~ c <L~ Idu ",,,,",,,":'~ i f~ i I~ Juf;' :,!!J in fUHL'. - - -~ e . ~ < ",1 ;.... :::: '~ < :::: Z - - ~ - C/; ~ ~ ~ z ~ < z :;- - > ~ ::::: ,.: < z.: - < ~ ~ z Z ~ < "" ~ r.r; z - ~ Z :r. 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"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.1 059 Project Location-Specific: PARCEL MAP 17132 - ORANGE SHOW ROAD AND TIPPECANOE 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 CITY OF SAN BERNARDINO Name of Person or Agency Carrying out Project: ExemJ1t 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)); i:il: Categorical Exemption. State type and section number: Class 1 15301(CI Res.90-217 Sec. B2c o Statutory Exemptions. State code number: Reason why project is exempt: ESTABLISHMENT PROCEEDINGS FOR ASSESSMENT DISTRICT TO PROVIDE FUNDING SOURCE FOR MAINTENANCE OF LANDSCAPING Lead Agency Contact Person: LASZLO FOGASSY Area CodelTelephone/Extension: (909) 384-5026 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? 0 Yes 0 No Signature: Date: Title: Real Property Supervisor [jjj 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 I : ~ CITY OF SAN BERNARDINO PROPOSED 2008/2009 ASSESSMEl'iT ROLL - AD 1059 ORANGE SHOW ROAD AND TIPPECANOE A VENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT , Parcel 1'\0. Parcel Size AU's per $ per Assessment or Lot !\'o. (ac.) Parcel AU Amount 0280-24 I -08 2.49 15.06 S27.350 $411.90 028 I -041-64 1.55 9.38 S27.350 $~56.55 028 I -041-65 2.17 13.13 S27.350 $359.1I 0280-241-09 0.41 2.48 S27.350 S67.83 0281-041-66 10.00 60.50 S27.350 $1.654.69 0281-041-67 6.15 37.21 S2i.350 $1.017.71 6 Pa reels ..,.,..,"" 137.76 $3,767.78 __.11 Assessment No. ~ 4 5 6 TOTALS: Note: The SiAL is found by dividing the Total Assessment Amount by the Total AU's'Parcel. The Assessment Amount per Parcel is found by multiplying the AU's/Parcel by the SOA\]. 1059/2007 EXHIBIT "5" Page 1 of 1 -- '- 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 c c 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 ORANGE SHOW ROAD AND TIPPECANOE 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. l059;PRELIMINARIL Y 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. 1059, Orange Show Road and Tippecanoe A venue 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. 1059, the boundaries of which are generally as follows: Orange Show Road, Tippecanoe Avenue, and the boundaries of Parcel Map No. 17132, and as also shown on the Assessment Boundary Map of Assessment District No. 1059, on file in the office of the City Clerk. Reference is hereby made to the Engineer's Report on file in the office of tht City Ckrk of said City for a map of the boundaries of said district, a description of the maintenance, an estimated cost 10/24/07 N(). 10 1 ,,, I <<1 -07 r '- c 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c 1 2 3 RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE ORANGE SHOW ROAD AND TIPPECANOE A VENUE AREA... ASSESSMENT DISTRICT NO. 1059; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE Of A PUBLIC HEARING. 4 of the maintenance, and a proposed assessment roll which Report and Assessment District Map are 5 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 within the median within Orange Show Road, between Tippecanoe A venue and the northerly boundary of Parcel Map No. ] 7132. The estimated cost of said maintenance for the first year, including incidental costs, less general benefit amounts, IS $ 3,767.78. 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, and publicly owned parcels, or portions thereof, not receiving a benefit from said maintenance within said Parcel Map No. 17132, 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 the equivalent of a single residential lot of 7,200 square feet, or any portion thereof, 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 assessment units, actual or by formula, within the 10/24/07 2 c c c 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 ORANGE SHOW ROAD AND TIPPECANOE AVENUE AREA... ASSESSMENT DISTRICT NO. 1059; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. district. Reference is hereby made to said Engineer's Report, on file in the office of the City Clerk of said City, for full particulars and proposed assessment amount against each parcel. SECTION 5. The assessment financing alternative to be followed shall be as follows, to-wit: The estimated cost of the first year's maintenance, as set forth in said Engineer's report, shall be assessed against the properties involved within the current fiscal year or the fiscal year following 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 public hearing will be held on Monday, 10/24/07 3 c 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 c c RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE ORANGE SHOW ROAD AND TIPPECANOE A VENUE AREA... ASSESSMENT DISTRICT NO. 1059; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. January 7, 2008, 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 1931 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., January 7,2008. 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 January 7, 2008. 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 ofthe 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 January 7, 2008, 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 10/24/07 4 r-. 10..,... c c 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 THA T THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE ORANGE SHOW ROAD AND TIPPECANOE A VENUE AREA... ASSESSMENT DISTRICT NO. 1059; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF 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. "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 ofthe 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 l2.90.040(C) of the San Bernardino Municipal Code. /II /II 10/24/07 5 c 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 c c RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE ORANGE SHOW ROAD AND TIPPECANOE AVENUE AREA... ASSESSMENT DISTRICT NO. 1059; PRJOLIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Conunon 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: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this ~ day of . ,20_, PATRICK J. MORRIS, Mayor City of San Bernardino Approved as to form: II / e:rv>w. Jt ES F. PENMAN, City Attorney 10/24/07 6