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HomeMy WebLinkAbout15-Development Services CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Dept: Development Services Date: July 23, 2008 Subject: Authorization to proceed and Resolution of Intention -formation of a Landscape Maintenance Assessment District in the Palm Avenue and Piedmont Drive Area (Tract Map No. 10302). 14.40- 07/06/1999 -Tract Map No. 10302 was approved. Recommended Motion: That the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment District in the Palm Avenue and Piedmont Drive Area (Tract Map No. 10302), to be known as Assessment District No. 1062; AND 2. Adopt Resolution. Valerie C. Ross Contact person: Ryan Sandoval Phone: 5226 Staff Report, Maps, Engineer's Supporting data attached: Report, Resolution Ward: 4 FUNDING REQUIREMENTS: Amount: $348.28 (Estimated annual General Benefit amount) Source: (Acct. No.l N/A (Acct. Description) General Fund Finance: Council Notea: Agenda Item No. ~ (~ S-lS-aB Page 1 of 3 /^4 CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION ~/ Staff Report SUBJECT: Authorization to proceed and Resolution of Intention -formation of a Landscape Maintenance Assessment District in the Palm Avenue and Piedmont Drive Area (Tract Map No. 10302). On Mazch 19, 1997, the Planning Commission approved Tentative Tract Map No. 10302, located on the west of Palm Avenue, north and south of Piedmont Drive, and on July 6, 1999, the final map was approved by Council and was recorded on Mazch 1, 2000. On Mazch 14, 2007, Vespar Development Company, the developer/owner of this property, submitted a petition for the formation of a Landscape Maintenance Assessment District, as required by the conditions of approval for the development of this site. The formation of this District will assess the special benefit costs of maintaining the landscaping and appurtenances to the owners of the properties benefiting from the maintenance area. The areas to be maintained by the District will be landscaping within slopes along portions of the westerly side of Palm Avenue, along both northerly and southerly sides of Piedmont Drive, and along the slopes to the reaz of lots 16 through 19 all within Tract 10302. Tract Map No. 10302 consists of 22 residential lots. The annual cost of maintenance and incidentals will be spread across these 22 lots. Part of the formation proceedings includes the prepazation of an Engineer's Report, which details the costs necessary to carry out the ongoing maintenance of landscaping, which is attached for your review. As required by law, only special benefit may be assessed to properties within an assessment district. Any benefit found to be a general benefit may not be assessed to the District. As set forth in the Engineer's Report, portions of the landscaping along Palm Avenue have been deemed to be of a general benefit. The general benefit portion of the annual cost of maintenance is estimated to be $348.28, and cannot be assessed to the District. This amount will need to be paid from the general fund or other non- district fund source. The special benefit portion of the annual cost of maintenance, including all incidental expenses, is estimated to be $10,948.74. This amount will be spread across the 22 lots within the District and the annual maintenance cost per unit will be $497.67. The Engineer's Report allows for annual increases of CPI (Consumer Price Index) or 5%, whichever is less, to cover increases in maintenance costs. Increases over this amount will either need to be approved by the property owners within the District, or be paid for by the City. The attached Resolution of Intention sets a public hearing for October 6, 2008, and preliminarily approves the Engineer's Report. Approval of this District will be subject to an assessment ballot process, which requires a majority approval by the property owners within the proposed District boundary. Ballots aze weighted proportionally to the amount of the proposed assessment for each pazcel. The owners of record will be given a mailed notice of the public hearing, along with an Assessment Ballot form. Since all of the properties within the District aze currently under one ownership, no protests aze anticipated. Future property owners will purchase the parcels subject Page 2 of 3 StajjReport -Continued ~/ to the Assessment District and will be given disclosure of the District and assessments by the developer or subsequent property owners, as required by law. FINANCIAL IMPACT: The applicant has paid the $5,900 processing fee. Estimated costs of annual maintenance in the amount of $10,948.74, deemed to be a special benefit, will be assessed back to property owners within the Assessment District. The estimated annual cost of maintenance in the amount of $348.28, deemed to be a general benefit, will need to be paid from the general fund. RECOMMENDATION: Staff recommends that authorization be given to proceed with the formation of a Landscape Maintenance Assessment District in the Palm Avenue and Piedmont Drive Area to be known as Assessment District No. 1062 (Tract Map No. 10302), and that the attached Resolution of Intention be adopted. ATTACHMENTS: - Vicinity Map - Diagram Map -Engineer's Report -Resolution Page 3 of 3 VICINITY MAP nosckE CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION indicates un-incorporated areas within City's ® Sphere of Influence Proposed Landscape Maintenance Assessment District No. 1062 - Palm Avenue and Piedmont Drive Area (Tract No. 10302) Created by: Ryan sandovai ~ Date: 9/17/07 I /CAI TIA\I A!' 11/ fIN9 N tlnolflu dtl.CM LM1. M IM CM aSSn Bemeibn tli EaYa m_ RALNEI ClA11K cM Chn,cMassn e«nrea, I naiwY ubN aN w maP alan'M tlia gapoaM eoue.rNaar Aaaaaamanl DYaa NO. ~ti ma LM a9an BamaNro. CaudYd Sn BamarWn. SMaa CYMY, wr apprua0 M ma Mapnia Lemon CwMI dtlw CM aeon Barlmaiw at • rapular ^R^ilnP tlmaol. MMm INa_EaYd m~MRaFFabn No. , ana nr Eaan IBeE N bM ana de. Cauny RemOO a Sm BarmiMO Lanny mm._eara m~F BaM Papals) aMapeaNwanva FM CmmuNy FarIW D6BYA RACHEL CIAitN. CM Clwk, CM a SanBmvOv RamNaa Mtlr aBwd W CM Enpnxtli_brd m_ CRY ENGINEER CM dSm Bamsaro San eanaaxa M IM uwvnam alapam. RACMEILLaRR, CMCNn, CM d San BamNa Sm BameNiro Count' RamEa/a Cmb4 L.m wrm AuamrcamavrMamar Cauay a5m BamerSn BY Lapuy Ramtler LOGTION OF ASSESSMENTDISfMCf `~1 VICINITUY MAP LEGEND: A$SF59.IENl OIS1RFI ~ ~ ~ BLUr+orar eruwH.ruB. nRFns aF NnrarEruNce srowm mu6: cwsemnnw ca*Rr vuwu.NUS ABBESBMDIf MIMEm S~CVn.rHUa. Q ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO.1062 PALM AVENUE AND PIEDMONT DRIVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT M THE CITY OF SAN BERNARDRiO, COUNTY OF SAN RERNARDMO, STATE OF CALffORN1A ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1062 (Palm Avenue and Piedmont Drive Area Landscape Maintenance Assessment District) In the CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA File No. 14.40-160 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DMSION Prepared 12/11/07 Revised 7/23/08 ~^6ngineers Report - AD 1062 ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1062 FILED in the office of the City Clerk of the City of San Bemazdino on the day of CITY CLERK City of San Bernardino PRELIMINARY approval by the Mayor and Common Council of the City of San Bemazdino, County of San Bemazdino, State of Califomia on the day of , CITY CLERK City of San Bemazdino FINAL approval by the Mayor and Common Council of the City of San Bemazdino, 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. 1062, were approved and confirmed by the Mayor and Common Council of the City of San Bemazdino, County of San Bemazdino, State of Califomia on the day of , CITY CLERK City of San Bernardino CJ ~-"~Engineers Report - AD 1062 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1062 (Palm Avenue and Piedmont Drive Area Landscape Maintenance Assessment District) PETITION -- On March 14, 2007, a petition was received from the owner or the developer representing the owner of property within the proposed assessment district for the establishment of an assessment district for the maintenance of landscaping and hazdscaped areas. These improvements aze relative to the proposed development within Tract No. 10302. 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 Tract No. 10302 by the City to relieve the City from having to maintain the areas of landscaping. AUTHORIZATION -- On , 2008, by action of the Mayor and Common Council of the City of San Bernazdino of San Bernardino, the Director of Development Services and City Clerk were authorized to initiate proceedings for the formation of Assessment District No. 1062 (Palm Avenue and Piedmont Drive 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 Bernazdino on the day of , ADVANCE OF ESTIMATED COSTS OF PROCEEDINGS -- On Mazch 15, 2007, 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 aftec confirmation of all costs, any amounts remaining will be returned to the developer. If actual costs are more than the deposit, then the remainder can either be paid in a lump sum by the developer or assessed against the properties involved. EASEMENTS -All areas to be maintained will be within City owned property, dedicated right of way, or within easements granted to the City for maintenance purposes and no maintenance will be carried out on private property. DESCRIPTION OFIMPROVEMENTS --The azeas to be maintained by the District will be landscaping and all appurtenances within slopes along portions of the westerly side of Palm Avenue, along the slopes located on the southerly side of Tract 10302 adjacent to lots 16 through 19, along portions of the northerly and southerly sides of Piedmont Drive within Tract 10302, along the 10 foot easement area adjacent to the southerly property line ~ngineers Report - AD 1062 of Lot 14, four catch basin filtration systems, and the conservation easement area granted to the City. The conservation azea is a passive landscape area, thus no active landscape maintenance will be preformed, except in a event of natural disaster or vandalism, in which case the are would need to be re-seeded with native vegetation. A lump sum amount is included in each yeazs assessment to provide funds for such an event. Thus maintenance will be limited to trash/debris removal. PLANS AND SPECIFICATIONS -- Plans and Specifications for the landscaping have been prepared by the developer according to the standazds of the City and is subject to final approval by the City prior to the installation of any landscaping. DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the Assessment Boundary Map of Assessment District No. 1062 and aze generally described as follows: The centerline of Palm Avenue on the east; and the southerly, westerly, and northerly lines of Tract No. 10302 on the south, west, and north respectively. VICINITYMAP -- A vicinity map showing the general location of the proposed Assessment District is attached as Exhibit "1". DISTRICT BOUNDARYMAP -- A proposed District Boundary Map has been 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 OFEXEMPTION-- a "Notice of Exemption" declaring a Categorical Exemption was prepared and will be filed with the Clerk of the Boazd of Supervisors of San Bemazdino County upon formation of the District. No further environmental proceedings will be necessary. A copy of the Notice of Exemption is attached as Exhibit "4". METHOD OFASSESSMENT AND DETERMINATION OFBENEFIT -- 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 lazge open areas. The boundaries of the proposed district aze 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 asingle-family lot, a condominium or an apartment will be assessed an equal share in the cost of maintenance (1 residential lot or unit = 1 Assessment Unit). Based upon the single-family parcels proposed to be developed, the total assessment its for the district will be 22. 4 ~ngineers Report - AD 1062 The benefit received by the pazcels 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 genernl benefit given by the improvements, which may not be assessed to the pazcels within the district. Since the installation and maintenance of the landscaping and establishment of an assessment district for the maintenance of the landscaping is specific and incidental to this development, it is further determined that the improvements to be maintained by the assessment district are of special benefit to the district only and aze 100% assessable to the pazcels within the boundaries of the assessment district, except as follows: 1. Areas of maintenance that front on major arterial streets, as determined by the Circulation Plan of the City's General Plan, are determined to be IS% general benefrt and the proportional costs thereof aze not assessable to the District. 2. Areas of maintenance that front on secondary arterial streets, as determined by the Circulation Plan of the City's General Plan, aze determined to be 10% general benefit and the proportional costs thereof aze not assessable to the District. 3. Areas of maintenance that front on collector streets, as determined by the Circulation Plan of the City's General Plan, aze determined to be S% general benefit and the proportional costs thereof are not assessable to the District. 4. Areas that front on local streets aze determined to be 100% special benefit and are 100% assessable to the District. These percentages aze based on the traffic circulation for the various street classifications. Based on the City of San Bernazdino's current circulation element of its General Plan, this portion of Palm Avenue south of Piedmont Drive is designated as a major arterial street, and this portion of Piedmont Drive is designated as a secondary arterial street. However, since access to Piedmont Drive is terminated at the westerly line of this Tract, its use is that of a local street. If access is connected in the future, the general benefit will be adjusted accordingly. Thus IS% of the cost of landscaping maintenance and appurtenances along Palm Avenue south of Piedmont Drive, is deemed to be ofgeneral benefit and not assessable to the lots within the Assessment District. This portion of Piedmont Drive and this portion of Palm Avenue north of Piedmont drive are both designated as local streets, and the landscaping on the southerly portion of Tract 10302, adjacent to lots 16 through 19, benefit this tract only, thus 100% of the cost of landscaping maintenance and appurtenances is deemed to be of special benefit and assessable to the lots within the Assessment District. The Assessment District will also include the maintenance of four catch basin and filtration devices, two located on Piedmont Drive and two on Frye Lane. As determined by the developer's engineer, 91% of the water entering the four catch basins is from the Tract, and 9% of the water entering the catch basins is coming from Palm Avenue. Thus only 91 % of the cost of maintenance and inspections of the filtration devices is deemed to be of ~r-~cpecial benefit and assessable to the lots within the ?tssessment District. ~ngineers Report - AD 1062 Publicly owned lands within the Assessment District, if any, aze subject to assessments, unless they receive no benefit with the exception of public right of way, which is not subject to assessments. METHOD OF FINANCING -- The estimated cost of the fast yeaz's maintenance shall be assessed against the properties involved within the current fiscal yeaz 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 ofpre-funding the first year's maintenance contract and incidental costs. Once the City has assumed the responsibility for the maintenance, the properties may be assessed in advance each yeaz 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 yeaz's maintenance. No Bonds will be sold relative to this Assessment District. ASSESSMENT SPREAD -- The amount of each Assessment Unit is determined by dividing the total maintenance costs, including all incidentals, by the total number of assessment units, as determined by the above Method of Assessment Each pazcel in the district is then assessed based upon the total number of Assessment Units [calculated for that parcel. ASSESSMENT ROLL -- There aze 22 single family parcels within Tract No. 10302, since the final map has been recorded, with each pazcel representing 1 assessment unit as described under Method of Assessment, and assessments aze spread accordingly. No further subdivision of the pazcels is anticipated. An Assessment Roll representing the estimated first yeaz's maintenance costs has been prepazed for the 22 pazcels within Tract No. 10302 and is shown as Exhibit "5". Any parcels remaining vacant, or not being subdivided, will be assessed based on the number of single family lots that could be built pursuant to the City's existing General Plan. FUTUREAPPORTIONMENTS -- In the event that the assessment units, as determined under Method of Assessment, change for any pazcels) during the term of the Assessment District, the assessment amount for that pazcels) will change accordingly. Any increases based solely on change in parcel size, land use or density, which would result in an increase of assessment units, will not be subject to a public hearing as long as the formula for determining the assessments as described is applied. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, such reapportionment's do not require the recording of an amended Diagram Map. FUTURE INCREASES -- Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water and energy costs aze 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 azea, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, hichever is less. The CPI is typically used for maintenance districts. The rate varies from yeaz to year, but in no vent will an increase, if needed, exceed 5% without a majority approval of property owners in the district. 6 ~ngineers Report - AD 1062 TABLE 1 ESTIMATED FIRST YEAR'S COST SUMMARY Assessment District No. 1062 (Palm Avenue and Piedmont Drive Area Landscape Maintenance Assessment District) Description afCasts ~ OuanfiN Unit Cast/Unir Annual Cast A B C D E F G H J K L M N O P Q R S T U V W X Y Maintenance of Slo a ChanneU Irri anon 5,639 .Ft. 0.25 $ 1,409.75 Maintenance of Groundcover /Shnrbsilrri 'on 5646 .Ft. 0.20 $ 1 129.20 Maintenance of Trees / hri lion 47 Ea. 50.00 $ 2,350.00 hri ion Costs water and en 11 85 .Ft. O.10 $ 1,128.50 Totslmaintenancearca A+B 11,28s .Ft. Weekl Ins ion labor,overhead otal Annual Hrs 26 Hours 40.00 $ 1,040.00 Annual Assmt. irreerin laborrovefiead 5 Hours 50.00 $ 250.00 Contract Adminstmtion labor+overhead 15 Hours 30.00 $ 450.00 Incidentals materials, su lies, other costs 1 L.S. 200.00 $ 200.00 Outside t Services labor+overhead 1 L.S. 400.00 $ 400.00 Subtotal A tbra $ s7.as General Benoit Cakulations: - Area of General Benefit Palm Ave.) 2,066 .Ft. Percent of Total Area M / E 18.31% Subtotal K • $ l 530 General Benefit P e 15% General Benefit Amount Not Assessable O ° P $ 229.48 $ 229.48 Maintenance/ReplacemenU& Inspection of curb inlet filtration devices 4 Ea. 330.00 $ 1,320.00 Generel Benefit rtion otfiltration devices * 9% $ 118.80 $ 118.80 Conservation area united maintenance 1 L.S. 1,000.00 $ 1,000.00 Subtotal K thru $ 10,329.17 Estimated Interest for non- funded amounts' 6% $ 619.75 Subtotal U+ $ 10948.92 Ad'ustmeM (Roundi for Assessment Roll) $ (0.18 TOTAL FIRST YEAR'S ESTIMATED COSTS (W + }~ $ 10,948.74 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 810,948.74 r22 = $497.67 per Assessment Unit per year. 7 ~ngineers Report - AD 1062 ENGINEER'S STATEMENT This Report, together with the Assessment District Boundary Map, Assessment Diagram and Proposed Assessment Roll has been prepazed 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. 1062. (Pa/m Avenue and Piedmont Drive Area Landscape Maintenance Assessment District) ate Robert G. Eisenbeisz, Acting City Engineer No. 54931 Exp. 6-30-10 CIV~t 8 ~ngineers Report - AD 1062 List of Exhibits 1. Vicinity Map ..................................................... Exhibit ..1.. 2. Reduced copy of Boundary Map ....................... Exhibit "2" 3. Reduced copy of Assessment District Diagram Exhibit "3" 4. Copy of "Notice of Exemption" ......................... Exhibit "4" 5. Proposed Assessment Roll (FY 2009/2010)...... Exhibit "5" 9 VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION indicates un-incorporated areas within Citys ® Sphere oflnfluence Proposed Landscape Maintenance Assessment District No. 1062 - Palm Avenue and Piedmont Drive Area (Tract No. 10302) Created by: Ryan sandoval ~ Date: 9/17/07 EXHIBIT "1" ~rsr atr' w 6 5 t//^\`\ 1 1 4 t 2 9®a°4®~' 12 }I~'~ 27 ~ 20 1 I( _ _~~ ,vr 4~ 3 F $~ p b nl fa ,~ v NPY>r a ~-- , .I } ASSESSMENT BOUNDARY ASSESSMENT DISTRICT NO.1062 PALM AVENUE AND P~DMONT DRIVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT M THE CITY OF SAN BERNARORVO, COUNTY OF SAN BERNARDDiO, STATE OF CAL60RMA , F Lae N eie ollke a me CM Gbh F pR GM a Sn Bvrriaro mbpFYa .1p AACKi CLMK CM Cork CM a3.n 9.nmiau _ ,- I ~rMy wrtlry as IM"rlln mp agnYq tla pmppe.E bvarba ArrFmmi obpl9Np.]O~ame ckr a e.n e.mrano. cr.Ma ~. • s.n epmpresa, srbacrMa., w.ppr"y"S M m.cgca.r~a / m. cxyas.nemsmNp r. np4rmwuq ulr.pl, npamtlr / eya 10~MRroYron No. rtl "r e.anm.arsam. cnaM R.mpr / a 9.n 9.m.NYa Daumy, Srba CYlmr. on "" trya / .A_Nepo4 aA....m.m me Crmuiry psl aw ~ / pp p ~ FarJtlb DYhim. ~,y ~-_ ~ h ~(t~ _ ~~~ I RACf1EL CLARK cM Cbn cMasen errs" p fff / ~ . B ~ ~ Sm ervruw crnlY R"axJNFC"RhY / Tnb map lir prrl llFO Urar Doo.ma NmAr ~ P / NY a.ya ID~r_m,b 9 eons a app. a me r.w~lan"cM ar3r~Bwnra~m in tl"rmu.as - .,y~~ . IariY WaEa : 9 / ArElbrCmtraMMrpW1 craryaS.n Brwbr ~ 11 !O ey: ~ a a~ _°,~i p§ _ /S '~+, /P f2 I ll " ~ '• } t A~t s " 'r /3 e '- a ~ r-sv ,~ ~a Lacwnon oe A39ESSMFNTDISIRILT ~ !s ~ 16 Il 18 19 `+ ~ ri r.nrr n ~~ .iti., ~ o ~ ri .. ..:: LEGEND: A86E49AENr QBIpCf 9WNWPV SXQVN iFU3. 1 ~ SMT tiw VICINITY MAP EXHIBIT "2" i fIW x meomn am. cM cxA x im cM asw s.m.e»aw_ mya m_ RPCHELCLIRI( CM LxA. LEY d Sw RwmNn I EreEy weM mn me meP eEenYq tln On0wee EealmMb Awwemem GI.Em NO. +yp~x sn cM asm B.m.rane. cwdyas.n BamrmR. %Y aCeMaNS. we eDCreeN MEr ImrreN Cumpn CaxeY aew CM a Sw BNmimlE n • near sleerq Flnea Mom me_ervd m_,MRror,um NE. . eM nee Own WMM me alb ae. Lowy RraerdSm BMRraM Caunry mtlr mya m_x eea pwNN dFYw aAawemre ere Cwmmnllyfedree DFerlcb. RNCHEL CLARK cM a.n. cM dsw Brwmo Remretl x Me arx d tN LM EwMr Om _myd m_ CT'ENGINEER CM d 5w Brnrmo An eeewemere.u xe4e M me Meynrq CEwmn Caf"Iamepya sw e.~w~mw m m. a", eFesn. Ne oelfele aer Hm.IOaFmeN ewmmmLegem. saa.w.wnni wo YNeemm._arya .m~mewwnwne4re rem. mueeemenl mYwere rammee F eremw am. CM EnpynrdeW LOY mIM_myd 1G~RNrenm6 nFMemlM VeewmXMlgmeW xerahr aEr. CM Enpiw IEr me urr mcmla wM eeeewmre YrIe0 epeYnt eeM prwldhee eno"n m mN euwrnwLegmn. RhCHFL CLMK cM cF.A, cM a s.n erwmo Sw Bemenxe Lwnry Rrgers Lrdbe TEb mw liu Even 1ME wise. Rnenire IYnb Em mra ~N~m,x BooF d Nwp N m. morn d me cxr a sm BemeNn x me emEint a s L.m w.w.r AuaxrvCmEOleatwoer Lmnry a sen BemaeyR By. Dwuy Remmr 9 __ ~ ~, 1M1p!~ ~0\ ky~ 0 .~ VICINITY MAP ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1062 PALM AVENUE AND PIEDMONT DRIVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT M THE CITY OF SAN BERNARDMO, COUNTY OF SAN BERNARDMO, STATE OF CALffORNIA Y nT 1 _T 6 Oe 5 s Q 7 ~~ ~" aw' ~ e ^.~ 5 ~~ ~ e 4 __ P~ • e e Q ~ ' 9 ~ O 3 ~48h . .Y' Y t '~ rr if 1D \\K Q 1 ° ~ ff$Q" C~ 9®~® -0~ §4 O f #~ ?~ t2 r \ 15 } i rwrr. % ~ n i ~ r1 .o.~r,~~ >A<r n u ' r ar LE ENO: KSE56NEM ObINCI ~ ~ ~ BOIM6WVSNAVNIw/S' .PETS OS MYN~EN4LF 9rON9`r1Mn'. cwsESVAnw asmcsHGwv mss ncsESweENrNUn~RSSww++nue Q R` °1p1 CITY OF SAN BERNARDNJO °R .w..M G®ARIMENra GEVaoPEensemcFa °AR PUBLIC WORKS DMSIDN 7Z EXHIBIT "3" CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT NOTICE OF EXEMPTION FROM: CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT 300 N. "D" STREET SAN BERNARDINO, CA 92418 Project Title: ASSESSMENT DISTRICT NO. 1062 TO: OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET, ROOM 121 SACRAMENTO, CA 95814 ~_COUNTY CLERK COUNTY OF SAN BERNARDINO 385 NORTH ARROWHEAD AVENUE SAN BERNARDINO, CA 92415 Project Location•SpecNic: TRACT No. 10302 --PALM AVENUE & PIEDMONT DRIVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Project Location-City: SAN BERNARDINO Project Location-County: SAN BERNARDINO Description of project: SBMC 12.90 PROCEEDINGS FOR THE ESTABLISHMENT OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Name of Public Agency Approving Project: CITY OF SAN BERNARDINO Name of Person or Agency Carrying out Project: CITY OF SAN BERNARDINO Ministerial (Sac. 211180(b)(1);15268); ^ Declared Emergency (Sec. 21080(b)(3);1 S26g(a)); ^ Emergency Project (Sec. 210BO(bx4);1 S26g(b)(c)); ~J Categorical Exsmpdon. State type end aactbn number: ^ Statutory Exemptions. State cods number: Exempt Status: (check one) Reason why project la exempt: ESTABLISHMENT PROCEEDINGS FOR ASSESSMENT DISTRICT TO PROVIDE FUNDING SOURCE FOR MAINTENANCE OF LANDSCAPING Lead Agency Contact Person: RYAN SANDOVAL Aroa CodslTelsphons/Exteneion:19091384-5226 It filed by applicant: 1. Attach certdiad document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? ^ Yes ^ No I Signature: Date: Title: Real Property SDecialist D Signed by Lead Agency ^ Signed by Applicant Date received for filing at OPR: Class 1 15301(cl Res.90-217.Sec. B2c CITY OF SAN BERNARDINO PROPOSED © 2009 / 2010 ASSESSMENT ROLL - AD 1062 PALM AVENUE AND PIEDMONT DRIVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Assessment No. Parcel No. or Lot No. Assessment Amt. 1 0285-235-01 $497.67 2 0285-235-02 $497.67 3 0285-235-03 $497.67 q 0285-235-04 $497.67 9 0285-235-OS $497.67 6 0285-235-06 $497.67 7 0285-235-07 $497.67 g 0285-235-08 $497.67 q 0285-235-09 $497.67 10 0285-235-10 $497.67 11 0285-235-11 $497.67 12 0285-601-23 $497.67 13 0285-601-24 $497.67 14 0285-601-25 $497.67 ]g 0285-601-26 $497.67 16 0285-601-27 $497.67 17 0285-601-28 $497.67 lg 0285-601-29 $497.67 19 0285-601-30 $497.67 20 0285-601-31 ~ $497.67 21 0285-601-32 $497.67 22 0285-601-33 $497.67 TOTALS: 22 Parcels $10,948.74 tt~s2 ~ Zppg EXHIBIT "5" Page i of 1 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 PIEDMONT DRIVE 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. 1062; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. 1 2 3 4 5 6 7 WHEREAS, the City of San Bernardino (hereinafter called "City") as an exercise of its it 12 ~'` 13 1r,,,J 14 15 16 17 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. 1062, Palm Avenue and Piedmont Drive 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 Bemardino Municipal Code, the Mayor and Common Council 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. 1062, the boundaries of which are generally as follows: The centerline of Palm Avenue on the east; and the southerly, westerly, and northerly lines of Tract No. 10302 on the south, west, and north respectively. 0 27 2a Reference is hereby made to the Engineer's Report on file in the office of the City Clerk 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 07/23/08 8-ig-a ~ 1 ~/5- 1 2 3 4 5 6 it 12 13 ~+ 14 15 16 17 211 RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PALM AVENUE AND PIEDMONT DRIVE AREA ... ASSESSMENT DISTRICT NO. 1062; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING. hereby preliminazily approved. SECTION 2. It is the intention of the Mayor and Common Council to order improvements within the district, which improvements shall consist of, but aze not limited to, the maintenance of landscaping and all appurtenances within slopes along portions of the westerly side of Palm Avenue, along the slopes located on the southerly side of Tract 10302 adjacent to lots 16 through 19, along portions of the northerly and southerly sides of Piedmont Drive within Tract 10302, along the ten (] 0) foot easement area adjacent to the southerly line of Lot 14, four catch basin filtration systems, and the conservation easement area granted to the City, all within Tract 10302. The estimated cost of said maintenance for the first yeaz, including incidental costs, less general benefit amounts, is 10 948.74. SECTION 3. Said contemplated work and improvements are of more than local or ordinary public benefit, and that the Mayor and Common Council do hereby make the expense of such work and improvements chazgeable upon the district, which district is hereby declared to be the azea benefited by said proposed work and improvements, and to be assessed to pay the cost and expense thereof, except as otherwise may be set forth in said Engineer's Report. All public streets or alleys, or portions thereof, within said development, 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 27I assessed against each particular parcel will be based upon the basis of a single residential unit being the total assessment units on each parcel as it relates to the total number of assessments, actual or one assessment unit and the percentage of costs will be assessed proportional to the percentage of 07/23/08 2 V 4 RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PALM AVENUE AND PIEDMONT DRIVE AREA ... ASSESSMENT DISTRICT NO. 1062; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING. by formula, within the district. Reference is hereby made to said Engineer's Report, on file in the office of the City Clerk, for full particulazs and proposed assessment amount against each parcel. SECTION 5. The assessment financing alternative to be followed shall be as follows: 9 10 11 12' 13 14 15 16 17 21 k' 28 The estimated cost of the first yeaz'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 yeaz'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 yeaz's costs, or for the actual contract and incidental costs. If there aze surplus amounts in the event of pre-funding of costs, then such surplus may be applied as a credit to the following year's assessment or retained in a reserve to offset future increases. Interest will be charged on any portion of the assessments that aze 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 hearing will be held before the Mayor and Common Council of the City of San Bernazdino on Monday, October 6, 2008, at 4:00 07/23/08 2 3 4 5 6 7 8 9 11 12 13 14 15 16~i 17 RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PALM AVENUE AND PIEDMONT DRIVE AREA ... ASSESSMENT DISTRICT NO. 1062; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING, 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 appeaz 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 Bemazdino, California, 92418, prior to 4:00 p.m., October 6, 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 October 6, 2008. All property owners within the proposed district shall also be mailed ballots, which may be used to indicate support 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 no later than the time and date of the public hearing as stated herein. If at the conclusion of said public hearing on October 6, 2008, protests have been filed and 27 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. 07/23/08 13 14 15 16 17 18 19 20 21 RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PALM AVENUE AND PIEDMONT DRIVE AREA ... ASSESSMENT DISTRICT NO. 1062; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING. 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 Bemazdino, California, 92418. SECTION 7. A copy of this resolution and a map showing the exterior boundaries of the proposed improvement district with relation to the territory immediately contiguous thereto and to the proposed improvement will be on file with the City Clerk and will be available for inspection by any person or persons interested. This map shall govern for all details as to the extent of the 1 2 3 4 5 6 7 8 9 10 11~~ proposed improvement district. SECTION 8. The City Clerk is hereby authorized and directed to publish a copy of this Resolution in the San Bernardino County Sun, a newspaper of general circulation published in the City, and shall cause Notice to be mailed as required by Section 12.90.040(C) of the San Bernazdino Municipal Code. /// /// 07/23/08 5 V 1 2 3 4 5 6 7 8 11 12 17 18 2111 RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PALM AVENUE AND PIEDMONT DR[VE AREA ... ASSESSMENT DISTRICT NO. 1062; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a on the day of Council Members: AYES ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK NAYS meeting thereof held 20 , by the following vote, to-wit: ABSTAIN ABSENT City Clerk The foregoing resolution is hereby approved this day of PATRICK J. MORRIS, Mayor City of San Bernardino ~~ Approved as to foQrm: ~.. l ttivw~., J ES F. PENMAN, City Attorney 07/23/08 6 20