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HomeMy WebLinkAbout32-Development Services ~',- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: MICHAEL E. HAYS, Director Date: February 10,2000 ~@~w Subject: Resolution of Intention - Palm and Washington Landscape Main~ce Assessment District-- Tract No. 15743 (AD 1025). Dept: Development Services File No. 14.40-1 17 Synopsis of Previous Council Action: MCC Date: 02-22-2000 05-17-99 -- Tract No. 15743 was approved with conditions. 07-06-99 - Authorization to proceed with the formation of a landscape maintenance assessment district in the Palm and Washington area was granted. 01-24-2000 - Continued to Council Meeting date of 0210712000 02-07-2000 - Continued to Council Meeting date of 0212212000 Recommended Motion: ADOPT RESOLUTION Contact person: LASZLO "Les" FOGASSY ~iJ/f /L /J Mi~ Phone: 5026 Supporting data attached: Staff Report, Maps, Engmeer's Kep., Kes. FUNDING REQUIREMENTS: Amount: $4,000 (processing fee paid by applicant) and $583 (general benefit portion of costs) Source: (Acct. No.) 254-000-2301-6015/ (source for general benetIt costs undetermmed) (Acct. Description) Assessment District Deposits Ward: 5 Finance: Council Notes: Agenda Item No. B:L J..J~ J DD CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution ofIntention - Palm and Washington Landscape Maintenance Assessment District--- Tract No. 15743 (AD 1025). BACKGROUND: On May 17, 1999, Tract No. 15743 was approved. One of the conditions ofapproval was the formation of an Assessment District for the maintenance of landscaping along the west side of Palm Avenue, south of Washington Avenue and along the south side of Red Sky Avenue, adjacent to the southerly boundary of the tract. This is being done to relieve the City of the costs of maintaining the landscaping and to prevent blight, since property owners usually do not maintain the areas beyond the perimeter block waIls of a tract. The developer will install the landscaping and irrigation and the assessment district will provide for the ongoing maintenance. On June 21,1999, this office received a letter of request from Verdemont Ranch, LLC, the property owner, for the formation of the Assessment District. The landscaping along Palm Avenue will consist of Palm Trees (existing plus additional trees to be planted), groundcover and vines. The landscaping along Red Sky Avenue will consist of shrubs and mulch. The irrigation system will include all necessary sprinkler heads, piping, controller valves, bacldlow device and controller. The installation will be carried out pursuant to the City's standards for landscape installation within an assessment district. Maintenance will be done on a weekly basis and will include trash pickup, weed control, trimming, pruning, fertilizing and repair of irrigation system as needed. Once the landscaping is accepted by the City, the maintenance will be performed by an outside contractor pursuant to the City's standards and specifications. Tract No. 15743 consists of38 single family lots. The annual cost of maintenance, which is estimated to be $8,775.34, including incidental and administrative costs, will be spread across these 38 lots. The annual assessment per lot is estimated to be $230.93. All potential buyers will be given a disclosure statement of the assessment by the seller/developer. The developer will install the landscaping as a condition of approval for this tract An Engineer's Report has been prepared, which gives details regarding the district boundaries, proposed maintenance, method of assessment, total cost of maintenance and a proposed assessment roll and is on file in the office of the City Clerk. A District Boundary map has also been prepared and is also on file with the City Clerk. A copy of the Engineer's Report is attached. '4""'~_,,-,___. _^,~,~;';"'- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report-Continued The attached Resolution declares the City's intent to fonn Assessment District No. 1025 and sets a public meeting date of March 20,2000 and a public hearing date of April 17,2000. All property owners of record within the proposed district will be sent a mailed notice, along with an Assessment Ballot, as required by Proposition 218. The results of the ballots will be presented at the close of the public hearing. Ballots are weighted in proportion to the assessment amount. The developer will still own the majority of the parcels when notices are mailed and thus a majority protest is not anticipated. On January 24, 2000, this item was continued to the February 7, 2000 Council meeting to allow staff to discuss issues with the City Attorney's office relative to the Engineer's Report. The issues discussed were the cost factors used in Table 1 of the Engineer's Report, the determination of some general benefit of the proposed landscape maintenance pursuant to the City's legal interpretation of Proposition 218 and clarification of how future increases would be handled. All of these issues were resolved and language in the Engineer's Report was modified or added to address these issues. The cost factoring is based on a cumulative average of all assessment districts and a clause was added to clarify this. To address the second issue regarding the interpretation of Proposition 218 related to general versus special benefit, we have revised the Engineer's Report under the section titled "Method of Assessment and Determination of Benefit", page 2. Consideration is now given to some general benefit aspect depending on the type of street the landscaping fronts on. The fonnula, as stated in the Engineer's Report, will be 15% general benefit for major arterial streets, 10% for secondary arterial street, 5% for collector streets and 0% for local streets. Applying this fonnula to the proposed assessment district, the general benefit amount is estimated to be $583.51 for this district and the total assessment, before interest, has been reduced by this amount, as shown in Table 1 of the Engineer's Report. The general benefit amount cannot be assessed to the district and must be paid for through some other source, such as the General Fund. A similar method of detennining general versus special benefit will be utilized in future maintenance district proposals. Finally, the Consumer Price Index increase was clarified and a cap of 5% will be placed on any future increases without requiring a property owner vote. All of these modifications are reflected on the revised Engineer's Report and a copy has been attached. FINANCIAL IMPACT: Applicant has paid the $4,000 processing fee and all subsequent work carried out in the district will be assessed back to property owners. The General Benefit amount, estimated to be $583.51, will have to be paid from the City's General Fund or other source. RECOMMENDATION: Staff recommends that the attached Resolution be adopted. Location of Proposed Assessment District No Scole 5th St. Mill St. i < 3 S ~ a. Oron . Show Rd. ~ "' , , CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DIVISION VICINITY MAP PROPOSED ASSESSMENT DISTRICT - PALM AND WASHINGTON AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT ~ indicates un-incorporated areas ~ within City's Sphere of Influence .Il IH'III J ,I ",I ". i] "J,h' . ! f~IUdil' I, j h if f' ) ,i . 'IH I! . '1 ! f'II),'1 ;; i i 1M. tl,l]l f '" 's c.S .- ~~~ - .B . .8 o en ~ Z 8~ ~E--:a o U ~ S~~ o ~ 'S 8 j:Q 0 f ~ o E-- 8 ~ ~~ o~ ~ CI) ~.8 J: o ~ ] ~ ~ CI) ~ OCl)~ ~~ ~ Cd' ,... CI) en -CI)'S < .~ u .s .8 . . . ~ ~ 3 l:; ~ f I~ .~ .... ~ i ~ ~ Ii ~I~i I a ~ Q ~ 0 C'n i-o : ~~ ~1Ol~ o I~ ~~a 5 ~ ~3~ ~ ... .' ~ . I ~ 4 I I I I I ~ ! w ! ; I I j I ~U ~ ~ ; ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1025 (Palm Avenue and Washington Avenue Area Landscape Maintenance Assessment District) in the CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA File No. 14.40-117 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DMSION Prepared February 10, 2000 '~'~--,-~,,---~ .L...'t.. '" . .. ... . " 4 ~ ... I I.. ,_ . District) ;-, r t-~ .. .\ ...... 141 .... . Engineers Report-AD 1025 ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1025 FILED in the office of the City Clerk of the City of San Bernardino on the_day of -' CITY CLERK City of San Betnai"dino 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. 1025, were approved and confirmed by the Mayor and Common Council of the City of San Bernard.ino, C1unty of San Bernardino, State of California on the day of CITY CLERK City of San Bernardino CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DMSION ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1025 (Palm Avenue and Washington Avenue Area Landscape Maintenance Assessment District) PETITION -- On June 21,1999, a petition was received from the owner or the developenepresenting the owner of property within the proposed assessment district for the establishment of an assessment district for the maintenance of landscaping along portions of Palm Avenue, South of Washington Avenue and along portions of Red Sky Avenue within Tract No. 15743. The signatures on the petition represent I()()O/o of the property owners of the parcels within the proposed boundaries of the district. This petition was the result of a requirement placed upon the developer of Tract No. 15743 by the City to relieve the City from having to maintain the areas oflandscaping. AUTHORIZATION -- On July 6, 1999, by action of the Mayor and Common Council of the City of San Bernardino, the City Engineer and City Clerk were authorized to initiate proceedings for the formation of Assessment District No.1 025 (Palm Avenue and Washington Avenue 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 August 17, 1999, 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 landscaping to be maintained will be within the dedicated right of way, or within easements granted to the City for landscape maintenance purposes and no maintenance will be carried out on private property . DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained include landscaping and all appUrtenances along portions of the West side of Palm Avenue, South of Washington Avenue, portions of Washington Avenue adjacent to Lot 1 of Tract No. 15743 and along portions of the South side of Red Sky Avenue, all within Tract No. 15743. 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 fina1 approval by the City prior to the installation of any landscaping. 1 .,~.... Engineers Report-AD 1025 DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district ~e shown on the Assessment Boundary Map of Assessment District No. 1025 and are generally described as follows: The centerline of Washington Avenue on the North, Palm Avenue on the East, and the Southwesterly line of Tract No. 15743 on the Southwest. VICINITY MAP -- A vicinity map showing the general location of the proposed Assessment District is attached as Exhibit "1". DISTRICT BOUNDARY MAP -- A proposed District Boundary Map has been prepared and is on file in the office of the City Clerk. A reduced copy of the District Boundary Map is attached as Exhibit "2". DISTRICT DIAGRAM -- A proposed Diagram of the Assessment District has been prepared and will be filed with the City Clerk after preliminary approval of this Report and will be filed with the County Recorder and recorded in the office of the City Engineer after final approval of this Report, confirmation of the Assessment Roll and Resolution Ordering Work. A reduced copy of the Assessment District Diagram is attached as Exhibit "3". NOTICE OF EXEMPTION -- a "Notice of Exemption" declaring a Categorical Exemption was prepared and 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 (1 residential lot or unit = I Assessment Unit). 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: 1. Areas of maintenance that front on major arterial streets, as determined by the Circulation Plan of the City's General Plan, are determined to be 15% general benefit and the proportional costs thereof are not assessable to the District. 2 Engineers Report-AD 1025 2. Areas of maintenance that front on secondarY arterial streets. as determined by the Circulation Plan of the City's General Plan, are determined to be 10% general benefit and the proportional costs thereof are not assessable to the District. 3. Areas of maintenance that front on coDector streets. as determined by the Circu1ation 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. Palm Avenue is classified as a secondary arterial and represents 65.84% of the total areas of maintenance. Pursuant to the above determination of benefit, 10% of 65.84% of the total cost of maintenance will not be assessed to the District. The remaining area of maintenance along the southwesterly side of Red Sky Avenue, which is classified as a local street, is 100% special benefit and assessable to the District. The net cost assessable to the District is shown in Table 1. 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. Presently, no parcels within the district are publicly owned. 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 1 sets forth the estimated costs of the first years maintenance. No Bonds wiD 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. . 3 Engineers Report - AD 1025 ASSESSMENT ROLL -- Presently there are 38 single family parcels within Tract No. 15743, 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 38 parcels within Tract No. 15743 and is shown as Exhibit US". 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 Distric~ the assessment amount for that parcel(s) will change accordingly. Any Increases based solely on change in parcel size, land use or density, which would result in an increase of assessment units, will not be subject to a public hearing as long as the formula for determining the assessments as described is applied. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, such reapportionments do not require the recording of an amended Diagram Map. FUTURE INCREASES -- Due to the nature ofIandscape 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. 4 . ~ Engineers Report -AD 1025 TABLE 1 ESTIMATED FIRST YEAR'S COST SUMMARY Assessment District No. 1025 (Palm and Washington Area Landscape Maintenance Assessment District) Description of Costs Quantity Unit Cost/Unit Annual Cost A B C o E F G H I J M alnlenanee of Turf Ilrrllatlon - Sq.FI. 0.25 $ - Malntenanee ofGroundeover 15brubsllrrllatlon 18,150 Sq.FI. 0.25 $ 4;537.50 Malntenanee ofTrees/lrrllatlon I L.S. 100.00 $ 100.00 Water and EnerlY Costs 18,150 Sq.Ft. 0.10 $ 1,81 5.00 Weekly Inspeetlon (Iabor,overbead) 52 Hours 25.00 $ 1,300.00 Annual Aumt. E'!I.!neerlnl (Iabor+overbead) 10 Hours 30.00 $ 300.00 Contraet Adm instratlon (Iabor+overbead) 15 Hours 22.00 $ 330.00 Ineldentals (materials, s,,-p_plles, otber eosts) I L.S. 100.00 $ 100.00 Outside Department Sorvlees (Iabor+overbead) 38 parcels 10.00 $ 380.00 Subtotal $ 8,862.50 General Benefit Calculations: Area of General Benefit 11,950 Sq.FI. Pereent of Total Area (K I B) 65.84 % Subtotal (J"L) $ 5,835.09 General Benefit Pereentace 10.00 % General Benefit Amount NOI Auessable (M " N) $ 583.51 $ (583.51) Subtotal $ 8,278.99 Estimated Interest for non-prefunded amounts" 6 Percent $ 496.74 Subtotal Adjustment (Roundlnc for Assessment Roll) $ (0.39) TOTAL FIRST YEAR'S ESTIMATED COSTS $ 8,775.34 K L M N NOTE: The Unit Costs in the above table are based on an accumulated average of actual costs from prior years. · Estimate based on fulJ 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 Meth<Xi of Assessment and Assessment Spread described above, the following formula is used to determine the assessment amount per Assessment Unit: Total Costs + Total Assessment Units = Cost per Assessment Unit thus 8,775.34+38=$230.93 per Assessment Unit per year 5 . Engineers Report-AD 1025 ENGINEER'S STATEMENT This Report, together with the Assessment District BoWldary 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. 1025. Date '2-/'*(). .... ~/C/./ RA YM NO A. CASEY City Engineer 6 Engineers Report-AD 1025 List '!! Exhibits 1. Vicinity Map..................................................... Exhibit "1" 2. Reduced copy of Boundary Map....................... Exhibit "2" 2. Reduced copy of Assessment District Diagram Exhibit "3" 3. Copy of ''Notice of Exemption"......................... Exhibit "4" 4. Proposed Assessment Roll (FY 2000/2001)...... Exhibit "5" 7 Location of Proposed Assessment District No Scole 5th SI. , i I - I I I I i I I MnI SI. ., , , o EXHIBIT "1" CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DIVISION VICINITY MAP PROPOSED ASSESSMENT DISTRICT - PALM AND WASHINGTON AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT ~ indicates un-incorporated areas ~ within City's Sphere af Influence 11 IMi!Ii.1 U II .>IIJi f,IJ i dl'II;I,11 6 .! C oS lr) ;.: ~~l ~ z 0 ~ .8 1-'04~] ~~! ~~~ o ~ ~ B ~ 0 i ~ o ~ 8 ~ ~ ~ 0 ~ CI) ~.8 ~ o ~] ~ ~ CZlc OCZl~ ~ ~ ~ ~ -CZl~ <( .~ u .s .8 3I1NJAV H1\fd j . . . . /' ~ g ... ... ld i EXHIBIT "2" ~ . , .... ~~ ~~ .~ . ~ ~ ~ . S t:~ z~' in~~f 011 ~a z!i, lIl~~:C<: ~!i ~~; l!;u ~... ~ I~ u~ 5 i ~j' J I I I I I ~ ! ~ ~ ~ ~ ~ ~ ~ ~ z " ~ I i i ! C i ' z " w c C) !ft w " .... ~ 'I ; II ~ ~ . , rJ' 8 . ". f ' I Jd if U i) 'J '!fjJ q . II' ' ' fi I. fl~~;" I II il',ifll II. ""1 -- ' I"" I J d d Hjii~'il l~ I . 18,1 8111 . , 8 .~ _ ! ,Ifl J 8 J. i Ijill} II! . ~ 11, n 8 .s .- ~ ~ ~ It') <;; ~ N u 0 ..... 0 JrlNJ^V H1Vd Illd! ~ - . j . i - . ~ ~ - - - - z;>ll:<. i!l ~ '" 2- -< <=t d ~ ~ "'~" ~~: t:s I~ Q r .. ~ ~ :S U 5 5, ~f QS~ Q .. ~lZl~ J Z ~ 0 r.Ll Q ~ ~ :E~8 ~ . i I lZlZ . ..... t:) lZl r.Ll g z ~ ft, :I: r I d~1 r.Ll::E] V'l < lZl lZl e ~ . .. i lZl u <lZl~ ~ r.Ll ; lZl (/) ..... lZl 0 I <: .?;> cJ I J3 . ~ I .S ~ . 0 I ... !0- ld I ~ ~ I~ '3OY I ~ .~ I ~ ft ili ~ I ) II. EXHIBIT 113" z I ~ I' ~ ; : "'I ~ "'I .... III i!l V) N o ...... ~~ C)~ g~ ~~ ffi5 ~~ ~ffi E;3~ CZlCZl -<~ CZl CZl -< '" ~ i!l I1l CI) -, 'I I.. --j I I ---1 I I ---1 I I --i.. l -) Ck WASHINGTON STREET ..U' ... .ur ."4- .. d~) ~ "4': :.. ..: : 8 .. ~ . .,:8 .. ~ i . i · I!!l Do: ~ :: @ !:! e ~ : 8 .. . .. .. 1_'. 11>1' ~ : @ ~ ~:= @ !!! : = ~ c c .. 8 ~ .... 11.. :@ :!!'\?:.t9 - .. .'0 - t' ,.... @ ,... : @ ::~:=@ 5! ,..,. ~ .. io @ "1;'\ ,... · ~ !!!~~:. e ~ G) .. If o. 1I1.1r Q .. '0 - Ill. .. ;. 8~ t ,..." ...... ....... w ~ Z w > <[ :::&: ....J . <[ . Cl.. ...... ~ ,..... ....... . . ~ . "'I l!s "'I ~ ill -n N o - ~g ~~ <:U ~~ O~ ~U'.) ffis ~~ U'.)~ ~~ U'.)U'.) <:~ U'.) U'.) <: ~ ~ .l33HS 33S I I ''-_--L-_ I I ~ 3IlN3^W wsm1WddW ~ I -L_ ~ II I I '" -- ... ... ."4- : @t2 ~@)t2 ~@22 ~ @12 ~@D2 ... ... ... I- W w 0:: I- U1 Z 0- I- ~ Z :c (f) <( ~ .u. .... .... .... ..... .. .. .. ... .u. k @ !@R @a @ . ~ II II 1I2 l@ ! ! ,... [!@ .,.. '\? .. .. .." " II 133l!lS WN3:lS3 ~ ~ ...... ~ ."4- ..... ".. @) @ II @ t i!t IE . lIE . "'1111 ...... ... .. ...... II @~ @ EE ! ...... .., @ K @~ II II II ~. ! ! .., II @ LE . ....... .II II . @ r CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT " NOTICE OF EXEMPTION \. r File No. 14.40-117 FROM: CITY OF SAN BERNARDINO, PLANNING AND BUILDING SERVICES DEPARTMENT 300 N. "0" 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"Tltle: ASSESSMENT DISTRICT NO. 1025 Project Locatlon-Speclflc: TRACT NO. 15743 - SOUTH OF WASHINGTON STREET, WEST OF PALM AVENUE Project LocatlonoClty: 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: Exell!Pt 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)); ex Categorical exemption. Stata type snd aectlon number: Class 115301(c) Res.9D-217.Sec. B2c o Stetutory 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 FOGASSV Area CodeITelephonelExtanslon: (909) 384-5026 If filed by eppllcant: 1. Attach certified document of exemption finding. 2. Has s notice of exemption been filed by the public agency spprovlng the project? 0 Yes 0 No Signature: Ii Signed by Lead Agency Data: Title: Real Pl'Qoertv OflIcial Data received for filing at OPR: o Signed by Applicant " EXHIBIT "4" ~ PLAN10.05 (5-90) Rev ENG (5-87) Page 1 0/ 1 . CITY OF SAN BERNARDINO PROPOSED 2000 I 2001 ASSESSMENT ROLL - AD 1025 PALM AND WASHINGTON LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Assessment No. Parcel No. or Lot No. Assessment Amt. . 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 29 30 31 32 33 34 35 36 0261-551-01 0261-551-02 0261-551-03 0261-551-04 0261-551-05 0261-551-06 0261-551-07 0261-551-08 0261-551-09 0261-551-10 0261-551-11 0261-551-12 0261-551-13 0261-551-14 0261-551-15 0261-551-16 0261-551-17 0261-551-18 0261-551-19 0261-551-20 0261-551-21 0261-551-22 0261-551-23 0261-551-24 0261-551-25 0261-551-26 0261-551-27 0261-551-28 0261-551-29 0261-551-30 0261-551-31 0261-551-32 0261-551-33 0261-551-34 0261-551-35 0261-551-36 5230.93 $230.93 523D.93 5230.93 5230.93 5230.93 $230.93 $230.93 $230.93 523D.93 $230.93 523D.93 523D.93 $230.93 5230.93 $230.93 5230.93 5230.93 5230.93 5230.93 $230.93 $23D.93 .$230.93 $230.93 5230.93 $230.93 5230.93 $230.93 $230.93 523D.93 523D.93 $23D.93 523D.93 $230.93 5230.93 $230.93 1025 I 2000 EXHIBIT "5" Pue 1 nt' , Assessment No. Parcel No. or Lot No. Assessment Amt. 37 38 TOTALS: 0261-SSI-37 0261-SSI-38 $230.93 $230.93 38 Parcels , 58,775.34 1025 / 2000 EXHIBIT "5" PIp 2 of2 ~(Q)~W 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 PALM AVENUE AND WASHINGTON STREET AREA WITHOUT COMPLIANCE WITH THE 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. 1025; 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 affafrs 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. 1025, Palm Avenue and Washington Street Area Landscape Maintenance Assessment District. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCll.. 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. 1025, the boundaries of which are generally as follows: Generally bounded on the North by the centerline of Washington Street; on the East by the centerline of Palm Avenue and on the Southwest by the Southwesterly boundary ofTract No. 15743. 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 of the maintenance, and a proposed assessment roll which Report and Assessment District Map are 02/10/00 I J32. 2~2Z~ . 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 DECLARING TIlE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN TIlE PALM AVENUE AND WASHINGTON STREET AREA (AD 1025) hereby preliminarily approved. SEenON 2. It is the intention of said Mayor and Common Council to order improvements within the district which improvements consist of, but are not limited to, the maintenance of landscaping and appurtenant facilities along portions of the West side of Palm Avenue, the South side of Washington Avenue adjacent to Lot I of said Tract No. 15743 and the Southwesterly side of Red Sky Avenue, all within Tract No. 15743. The estimated cost of said maintenance for the first year, including incidental costs is $9,393.98. Of this amount, $583.51 is determined to be a general benefit not assessable to the Assessment District, as set forth in said Engineer's Report. The net assessable amount is $8,775.34. SEcrION 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 for the general benefit amount, as set forth in said Engineer's Report. All public streets or alleys, or portions thereof, are hereby excepted from said assessment. SEenON 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 nwnber of assessments, actuaI 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. 02/10/00 2 . 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 DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DlSTRlcr IN THE PALM AVENUE AND WASHINGTON STREET AREA (AD 1025) 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 ofpre-funding the first year's maintenance contract and incidental costs. Once the district has assumed the responsibility for the maintenance, the properties shall be assessed each 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 which 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 March 20, 2000, at the hour of 10:00 a.m., and that a public hearing will be held on April I?, 2000, at the hour of! 0:00 a.m., both in the Council Chambers of City Hall, 300 N. "D" Street, San Bernardino, California for the 02/10/00 3 . 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 DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICI' IN THE PALM AVENUE AND WASHINGTON STREET AREA (AD 1025) pllIpOse of determining whether the public convenience and necessity require the fonnation 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 10:00 am. April I? , 2000. 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 April I? , 2000. All property owners within the proposed district will also be mailed ballots which may be used to indicate support of or opposition to the proposed assessment. A majority protest shall exist if the total amount of assessments shown on the ballots returned in opposition to the assessment is greater than the total assessment amount of ballots returned in support of the assessment. All ballots must be received in the Office of the City Clerk by no later than the time and date of the public hearing as stated herein. If by the conclusion of said public hearing on April I?, 2000, 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 proceedings shall be abandoned and no assessments shall be imposed. Additional information may be obtained by contacting the Department of Development 02/10/00 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 27 28 RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICI' IN THE PALM AVENUE AND WASHINGTON STREET AREA (AD 1025) Services, Real Property Section at (909) 384-5111 or by writing to same at 300 N. "0" Street, San , Bernardino, California, 92418. SECTION 7. A copy oftbis 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 sha11 govem 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 oftbis 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 l2.90.040C of the San Bernardino Municipal Code. 11/ 11/ 11/ 02/10/00 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE ASSESSMENT DISTRIcr IN THE PALM AVENUE AND WASHINGTON STREET AREA (AD 1025) 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: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MILLER City Clerk The foregoing resolution is hereby approved this _ day of 20 .20 . 21 22 23 24 Approved as to form and legal content: 25 26 27 28 JUDITH VALLES, Mayor City of San Bernardino JAMES F. PENMAN, City Attorney I _ I . . ~ ~.;.,.Ai ~ I.. By: ~ ~ ~ )...~ /- 9--'''vol<;.,/4. ~t.itCI., ~"2{" ~J. 6 .'91 02/10/00 . / CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: MICHAEL E. HAYS, Director Subject: Resolution of Intention - Palm and Washington Landscape Maintenance Assessment District- Tract No. 15743 (AD 1025). Dept: Development Services Date: December 21, 1999 Synopsis of Previous Council Action: 05-17-99 - Tract No. 15743 was approved. File No.14.40-117 MCC Date: 01-24-2000 07-06-99 - Authorization to proceed with the formation of a landscape maintenance assessment district in the Palm and Washington area was granted. Recommended Motion: ADOPT RESOLUTION S:cf:~ Mic . Hays ,"....,-- Contact person: LASZLO uLes" FOGASSY Supporting data attached: Staff Report, Maps, hngmeer's Rep., Res. FUNDING REQUIREMENTS: Amount: $4,000 (processing fee paid by applicant) Phone: 5026 Ward: 5 ~ouncil Notes: ~ ~J.. ~ I /;),tlo 0 -:# 10 :) h / (); -:J;/:.~t/ I I " Source: (Acct. No.) 254-000-2301-6015 (Acct. Description) Assessment District Deposits Finance:.~t.t""d /d~ ~ /li Agenda =#3;;.... ;;/.;);L/OO '-- CITY OF SAN BERNARDINO - REQUEST FOR COUNCn.. ACTION Staff Report SUBJECT: Resolution of Intention - Palm and Washington Landscape Maintenance Assessment District- Tract No. 15743 (AD 1025). BACKGROl]NQ: On May 17, 1999, Tract No. 15743 was approved. One of the conditions of approval is the fonnation of an Assessment District for the maintenance ofLswlscaping along the west side of Palm Avenue, south of Washington Avenue and along the south side of Christine Street, adjacent to the Southerly boundary of the tract. This is being done to relieve the City of the costs of maintaining the landscaping and to prevent blight since property owners usually do not maintain the areas beyond the perimeter block walls of a tract. . On June 21, 1999, this office received a letter of request from Verdemont Ranch, LLC, the property owner, for the fonnation of the Assessment District. The applicant bas paid the $4,000 processing fee. Tract No. 15743 consists of38 single family lots. The annual cost of maintenance, which is estimated to be $9, 393.98, including incidental and administrative costs, will be spread. across these 38 lots. The annual assessment per lot is estimated to be $242.71. All potential buyers will be given a disclosure statement of the assessment by the seller/developer. An Engineer's Report has been prepared, which gives details regarding the district boundaries, proposed maintenance, method of assessment, total cost of maintenance and a proposed assessment roll and is on file in the office of the City Clerk. A District Boundary map has also been prepared and is also on file with the City Clerk. A copy of the Engineer's Report is has been attached. The attached Resolution declares the City's intent to form Assessment District No. 1025 and sets a public meeting date of February 22, 2000 and a public hearing date of March 20, 2000. As required by Proposition 218, all property owners of record within the proposed district will be sent a mailed notice, along with an Assessment Ballot. The results of the ballots will be presented at the close of the public hearing. Ballots are weighted in proportion to the Assessment amount. The developer will still own the majority of the parcels when notices are mailed and thus a majority protest is not anticipated. FINANCIAL IMPACT: None. Applicant has paid the $4,000 processing fee and all subsequent work carried out in the district will be assessed back to property owners. RECOMMENDATION: Staff recommends that the attached Resolution be adopted. Location of Proposed Assessment District No Scale 5th 51. Mijl5t. t < 8 5 u . a. Ora" e Show Rd. ! ., , . o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DMSION VICINITY MAP PROPOSED ASSESSMENT DISTRICT _ PALM AND WASHINGTON AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT ~ indicates un-incorporated areas ~ within City's Sphere of Influence as 's .s .- ~~~ _ .s . s o rIJ > Z .~ ~~i ~ U 5 ~~~ ~~~ o ~ "0 9 t:Q 0 i ~ o ~ 8 g ~ ~ o~ ~ 00 ~.5 :r o ~ 1 ~ . ~ 00 0 Ooo~ ~ ~ ; 1"'1. 00 rIJ -00"0 -( .~ u ~ .5 '. IH'I!I I 6 1',1 'II ! ] iif!jJ~ii>i> ~ J i 6 ,I I f; ! iJI!~f ~f fW J 1,1 6 I !l! I~I'.I t '! ~I I {>fli; !f~f ~ I d,l. Ii)'! ~ 6 :JlNJAW IIlVd 1 . . . . . ~ ~ ~ ... l- Id a f I~ ~~ ... . i ~ :; ~ h :~t3 I!~ U~ ~d~~ffi :l!l!j~h t i~ ~U c ~ ~:i< ~ .. J i I I ~ I f ~If !i j: I .. i ~ ~ I I I I i ~ I ! ~ i I ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1025 (Palm Avenue and Washington Avenue Area Landscape Maintenance Assessment District) in the CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA File No. 14.40-117 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DMSION Prepared December 21, 1999 ENGINJ:ER'S REPORT for ASSESSMENT DISTRICT NO. 1025 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. 1025, were approved and confulned 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 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DMSION EN~ER'S REPORT ASSESSMENT DISTRICT NO. 1025 (palm Avenue and Washington Avenue Area Landscape Maintenance Assessment District) PETITION - On June 21,1999, 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 along portions of Palm Avenue, South of Washington Avenue and along portions of Red Sky Avenue within Tract No. 15743. The signatures on the petition represent 1000/0 of the property owners of the parcels within the proposed boundaries of the district This petition was the result of a requirement placed upon the developer of Tract No. 15743 by the City to relieve the City from having to maintain the areas of landscaping. AUTHORIZATION - On July 6, 1999, by action of the Mayor and Common Council of the City of San Bernardino, the City Engineer and City Clerk were authorized to initiate proceedings for the formation of Assessment District No. 1025 (palm Avenue and Washington Avenue 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 August 17,1999, 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 landscaping to be maintained will be within the dedicated right of way, or within easements granted to the City for landscape maintenance purposes and no maintenance will be carried out on private property. DESCRIPTION OF IMPROVEMENTS - The improvements to be maintained include landscaping and all appurtenances along portions of the West side of Palm Avenue, South of Washington Avenue, portions of Washington Avenue adjacent to Lot 1 ofTract No. 15743 and along portions of the South side of Red Sky Avenue, all within Tract No. 15743. 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 fina1 approval by the City prior to the installation of any landscaping. 1 Engineers Report-AD 1025 DESCRIPTION OF BOUNDARIES - The boundaries of the proposed district are shown on the Assessment BoundaIy Map of Assessment District No. 1025 and are generally described as follows: The centerline of Washington Avenue on the North, Palm Avenue on the East, and the Southwesterly line of Tract No. 15743 on the Southwest. VlClNlTY MAP -. A vicinity map showing the genera1location of the proposed Assessment District is attached as Exhibit 1. DISTRICT BOUNDARY MAP -- A proposed District BoundaIy Map has been prepared and is on file in the office of the City Clerk. A reduced copy of the District BoundaIy 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 County Recorder and recorded in the office of the Director of Public Works 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 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). The benefit received by the parcels within the boundaries of the district is determined to be of more than ordinary public benefit, thils 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 insta1lation and maintenance of the landsl:aping and establishment of an assessment district for the maintenance of the landscaping is a requirement by the City for 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. 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. Presently, no parcels within the district are publicly owned. 2 i Engineers Report-AD 1025 METHOD OF FINANCING - The estimated cost of the first year's mainteDance shall be assessed against the properties involved within the current fisca1 year or the fiscal year following the establishment of the district. Depending upon when the costs are assessed and when the actua1 maintenance is asswned by the City, this assessed amount can be used as a source of pre-funding the first year's maintenance contract and incidental coSl$. 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 1 sets forth the estimated costs of the first years 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 - Presently there are 38 single family parcels within Tract No. 15743, with each parcel representing 1 assessment unit as described under Method of Assessment, and assessment 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 38 parcels within Tract No. 15743 and is shown as Exhibit 5. FUTURE APPORTIONMENTS - In the event that the assessment units, as determined under Method of Assessment, change for any parcel(s) during the term of the Assessment District, the assessment amount for that parcel(s) will change accordingly. Any Increases based solely on change in parcel size, land use or density, which would result in an increase of assessment units, -will not be subject to a public hearing as long as the formula for determining the assessments as described is applied. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, such reapportionments do not require the recordmg of an amended Diagram Map. FUTURE INCREASES - Due to the nature oflandscape 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 percen~ge equal to the increase in the Consumer Price Index for all Urban Consumers in the Los Angeles-Orange County-In1and Empire area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year. 3 Engineers Report-AD 1025 TABLE 1 ESTIMATED FIRST YEAR'S COST SUMMARY Assessment District No. 1020 (Mill Street and Dallas Avenue Area Landscape Maintenance Assessment District) Description of Costs Quantity Unit CostIUnit Annual Cost Mainteuance ofTwf / Irrigation - Sq.Ft 0.25 $ - Maintenance ofGroundcover ~tion 18.150 Sq.Ft 0.25 $ 4,537.50 Mainteuance of Trees /Irrigation 1 LS. 100.00 $ 100.00 Water and Energy Costs 18.150 Sq.Ft 0.10 $ 1,815.00 Weekly Inspection (Iabor,overl1ead) 52 FbJrs 25.00 $ 1,300.00 Annual AssD. F.qg;n-ring (Iabort-overi1ead) 10 FbJrs 30.00 $ 300.00 Contract AdmIm.tl1dion (Iabort-overhead) 15 Hours 22.00 $ 330.00 Incidentals (materiak, supplies, other costs) 1 LS. 100.00 $ 100.00 Outside Department Services (Iabort-overhead) 38 parcels 10.00 $ 380.00 Subtotal $ 8.86250 EstimAted Interest for non-prefunded 8IDDI1D15* 6 Percent $ 531.75 Adjustment (Rounding for AssessDlea1t Roll) $ (0.27) TOTAL RRSTYCAR'S ESTlMATED COSTS $ 9,393.98 · 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 CALCULATION - Applying the Method of Assessment and Assessment Spread described above, the following formula is used to determine the assessment amount per Assessment Unit: Total Costs + Total Assessment Units = Cost per Assessment Unit thus 9,393.98+38=$247.21 per Assessment Unit per year 4 Engineers Report-AD 1025 ENGINEER'S STATEMENT This Report, together with the A~~t District Boundary Map, As.....sment Diagram and Proposed Assessment Roll has been prepared and is being filed pursuant to and in compliance with Chapter 12.90 of the San Bernardino Municipal Code and also in compliance with the requirements set forth in Article XIIID of the California Constitution for the establishment of Assessment District No. 1025. hl2i"'!' Date ~0."7 RA YM A. CASEY City Engineer 5 \ Engineers Report-AD 1025 List oj Exhibits 1. Vicinity Map..................................................... Exhibit "1" . 2. Reduced copy of Boundary Map....................... Exhibit "1" 2. Reduced copy of Assessment District Diagram Exhibit "3" 3. Copy of "Notice of Exemption"......................... Exhibit "4" 4. Proposed Assessment Roll (FY 2000/2001)...... Exhibit "s" ~-~" '6 Location of Proposed Assessment District No Scale 5th 51. Mil) 51. !l c o u . 0. Oron e Show Rd. ! VICINITY MAP I EXHIBIT 1 I CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DMSION PROPOSED ASSESSMENT DISTRICT _ PALM AND WASHINGTON AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT ~ indicates un-incorporated areas ~ within City's Sphere of Influence '. I; ;'f J ; ,-,. "J 1 hI-h- I I r.llll!l~ Ii ! !lli! ~p iI 8 IjfW -IV _II~' .!!! ~ <;:i ~ ~ ~ V) = ~ ~8d ~ I fl ..-I I) dllll .... . .s o l:I) > Z 0 !:! ;11 ~~t fil~~ ~ U G ~ ~ < ~;;;ltO ! ... ~ ! J I oga'ci i ~ 0 i I O~8 . ~ I ~ ffi 0 . i -t CZl .= I ~Ii O:?J] . ~ CZl G CZl eel ~~ Iii I ~CZll:l) I CZl 'ci < .~ ~ I u .s . I ~ = I .- ... . l- . Ii! ~ ~ IS I .. .... I i .~ II I EXHIBIT 2 I I ~ I ~ ~ I .as e oS .- ~ a o '0 - B . S o 00 O~ :$ U G) O~5 ~~ 00" z r/.) '0 I- ~ S ~ ~ ::E ~ 8 : Z s r/.) a 0 r/.) rT) 0 Z ~.5 ~ E;3::E 1 i r/.) r/.) G) < [S 5 ~ r/.) 00 r/.) '0 < .~ C) .s .5 JI i Jl ~.f · i I liih! ~ I d I, 1 . il ,Mdt! I i. !lIiflll!',. "i.1 nlf'!hii~. I i I jlijlj.!!.1 il · 1I.l!iiil V, I i. I I!ii ~IHil fIll ~111n _ DJAV ll1Vd 1 - . - - . - - . . - ~ ~ .. .... lil i ~ i ~ :i 51! ~fl i Ii IIi z ~ia "':E~ ...:Q <a. m" il- a i; ~~~ 5 ~ ~r~ ! ... J ii~ , ! ~ i: I I I I I !oJ ! Ii I ~ ~ II ~ Ip ~I ~ I ~ II . . ! EXHIBIT 3 I .... "'I l!i NI ~ i'l V) C"I o - ~g OE-t :SU oS E-tr/.} ffis :;SE-t ~ffi ~~ r/.}r/.} <~ r/.} r/.} < ~ WASHINGTON STREET .... .., ~ i3i III "l -, ~ I.. --1 I : 6' !!~:~g .. .~ I ~ I:::) ~.I:::) - II' !=! - -j i ... ~ ,.. 14I!:@):!~:~,Q=h 1 , .1:::) " --j I I ---1- I ...........J ... .."4- . = @ ~ .... :~ @ !:! ... I.. .... @ o 111. ..@ ...<;:::1.. .... _ C!:I. @ . a 0 .... - .... !? . k Q . @. ID_ · I:::) -~. 8 ~ G>> .. o . ...... Q .. I:::) - I.. .. .. of., =. .: : e .. ~ . .. 8 PI '" . i i.. ellL: ..... . ~ l!l ex !=! : 8 .. IlL.. ~ . IlL. - - ~3 8 .. . IlL" e... Il .. IlL. IlL. w ;:) ;z w > <Z: z: ...J <Z: . Q.. ~ ~ ; ~ "" ~ "" ~ ~ lr) N o - ~g OE-4 <(U SS E-400 ffiS ~~ oo~ E;3~ 0000 <(~ 00 00 <( I- LU LU a:: l- V') Z o I- '-' Z J: V') <{ :!: ~ ?: .L3!1HS 3!1S I I ''---1-_ I I .. D1JAW WSIIJ1WdcIW .. .~ ... , --L_ .. .. I I. ." -- ... ... ... .. : @.a :@U :~lI: @Il :@oa .&1:. .. .a. .a. .... .. .. .. .. .- i @g!@.:~a :~12;@ ,.. l!ii) .... '\i=J .. .. .. .. .. 13~lS VN3JS3 .. .. ... ..... ... :~at .@ It :@~ ..., ... ; @ ~ ... ; @.c ... :@a . II '@ ... .. ... @ tt ..", .. @ H: .., ! ..... ~ ~~ CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT NOTICE OF EXEMPTION File No. 14.40-117 FROM: CIlY OF SAN BERNARDINO. PLANNING AND BUILDING SERVICES DEPARTMENT 300 N. "0" STREET SAN BERNARDINO. CA 92418 TO: OFFICE OF PlANNING AND RESEARCH 1400 TENTH STREET. ROOM 121 SACRAMENTO, CA 95814 X COUNlY CLERK COUNlY OF SAN BERNARDINO 385 NORTH ARROWHEAD AVENUE SAN BERNARDINO. CA 92415 Project TItle: ASSESSMENT DISTRICT NO. 1025 Project Locatlon-8peclflc: TRACT NO. 15743 - SOUTH OF WASHINGTON STREET, WEST OF PALM AVENUE Project LocatIon-Clty: SAN BERNARDINO Project location _ County: SAN BERNARDINO Deacrlptlon of project: SBMC 12.90 PROCEEDINGS FOR THE ESTABLISHMENT OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Name of Public Agency Approving Project: Name of Person or Agency Carrying out Project: CITY OF SAN BERNARDINO CITY OF SAN BERNARDINO Exemj)t Status: (check one) , o Ministerial (Sec. 21080(b)(1); 15288); o Declared Emergency (Sec. 21080(b)(3): 15289(a)); o Emergency Project (Sec.21080(b)(4); 15289(b)(c)); I:i Categorical exemption. State type anchectlon number: Class 1 15301(cl Res.90-217.Sec. B2c o Statutory exemptions. State code number: Resson why project fa exempt: ESTABLISHMENT PROCEEDINGS FOR ASSESSMENT DISTRICT TO PROVIDE FUNDING SOURCE FOR MAINTENANCE OF LANDSCAPING Lead Agency Contact Person I LASZLO FOGASSV Area CodeITelephone/Extenslon: (9091384-5026 If filed by applicant: 1. Attach certified document of exemption flndlng. 2. H.. a notice of exemption been filed by the public agency approving the project? 0 Vea 0 No Signature: Date: T1t1a: Real PI'ODertv OIIic:ial o Signed by Applicant Date received for filing at OPR: I EXHIBIT 4 liiI Signed by Lead Agency PLANl0.05 (5-90) Rev ENG (5-97) Page 1 of 1 CITY OF SAN BERNARDINO PROPOSED 1000 /1001 ASSESSMENT ROLL - AD 1015 PALM AND WASHINGTON LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Assessment No. Parcel ~o. or Lot No. Assessment Amt. I 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3S 36 1025 I 2000 01 - - 02 - - 03 - - 04 - - OS - - 06 . - 07 - . 08 . - 09 - - 10 - - 11 - - 12 - - 13 - - 14 - - IS - 16 - - 17 - - 18 - - 19 . - 20 - - 21 - - 22 - - 23 - - 24 - - 2S - - 26 - - 27 - - 28 - - 29 - - 30 - - 31 . - 32 - - 33 - . 34. - 3S . - 36 - - $247.21 $247;21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 $247.21 EXHIBIT "5" PIp I oC2 " Assessment No. Paral No. or Lot No. Assessment Amt. 37 38 TOTALS: 37 - . 38 - . 38 Parcels $247.21 $247.21 S9,393.98 1025 I :zooo EXHIBIT "5" ... 2 on