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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Subject: Public hearing - 4:00 p.m. - and
Resolution Ordering Work - Magnolia
Avenue and Ohio Avenue area Landscape
Maintenance Assessment District No. 1030
(Tract No. 14604).
File No.14.40-121
Synopsis of Previous Council Action: MCC Date: 12-06-2004
06/16/2003 - Resolution No. 2003-129 was adopted, approving Tract No. 14604.
From: JAMES FUNK, Director
Dept: Development serv~~ 1 G \ N A L
Date: November 18,2004
07/07/2003 - Authorization was given to proceed with the formation of Assessment District No.
1030.
10/04/2004 - Resolution ofIntention No. 2004-307 was adopted.
11-15-2004 - Public meeting was held and item continued to the public hearing date of
12/06/2004.
Recommended Motion:
1. That the public hearing relative to the formation of the Magnolia Avenue and Ohio Avenue
area Landscape Maintenance Assessment District No.1 030, be closed.
AND
2. Adopt resolution (4/5ths vote required)
~f.8:
Contact person: EILEEN GOMEZ
Phone: 5328
Supporting data attached: StaffR~port, Maps,
ResolutIOn
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant)
Ward:
5
Source: (Accl. No.) 254-000-2301-6018
(Accl. Description) Assessment District Deposits
Finance:
Council Notes:
\L~O ~2G:J ~- 3. 'iI" 2..
Agenda Item No.
J.,7
JJ/~/()y
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public hearing - 4:00 p.m. - and Resolution Ordering Work - Magnolia Avenue and Ohio
Avenue area landscape Maintenance Assessment District No. 1030 (Tract No. 14604).
BACKGROUND:
On July 7, 2003, authorization was given to proceed with the formation of Assessment District
No. 1030, in the Magnolia Avenue and Ohio Avenue area. The improvements to be maintained
include landscaping and all appurtenances along portions of the north side of Ohio Avenue, east
of Magnolia Avenue, and the east side of Magnolia Avenue, north of Ohio Avenue, all within the
boundaries of Tract 14604. The purpose of this assessment district is for the assignment of costs
for the maintenance of the landscaping to the owners of the properties most benefiting from the
landscape area. The property owner at the time the petition was submitted, R. L. Elder
Construction Company, paid the $4,000 processing fee. The tract was subsequently sold to KB
Home Greater Los Angeles, Inc.
Tract No. 14604 consists of 47 single-family lots. The annual cost of maintenance and
incidentals is estimated to be $10,069.75, which will be spread across the 47 lots. The annual
assessment per lot is estimated at $214.25.
On October 4, 2004, Resolution of Intention No. 2004-307 was adopted, preliminarily approving
the Engineer's Report, which gives details regarding the district boundaries, proposed
maintenance, method of assessment, total cost of maintenance and a proposed assessment roll.
The Report is on file in the office of the City Clerk. The resolution also set a public meeting date
of November 15, 2004 and a public hearing date of December 6, 2004. Currently, all of the
properties within the boundaries of the proposed district are under one ownership. Mailed notice
of the public meeting and public hearing was sent along with an Assessment Ballot for each
parcel. The Resolution of Intention was published in the Sun newspaper. The developer has
stated that no closing of sales is anticipated prior to the public hearing and all potential
home buyers will be given a disclosure of the proposed assessment district and assessment
amount.
On November 15,2004, a public meeting was held, and the item continued to the public hearing.
At the conclusion of the hearing, the results of the assessment ballots returned will be submitted.
Ballots are weighted in proportion to the assessment amount. The formation of the district
requires that at least 50% of the ballots returned show support for the proposed district or that
protests submitted, be 50%, or less, of the total assessment. Formation of the assessment district
will require the adoption of a resolution and will require a four-fifths (4/5th) affirmative vote of
the council members present ~d voting.
100% of the mailed Assessment Ballots have been returned and they all indicate support for the
proposed assessment. The attached resolution approves the formation of the Assessment District
and requires a four-fifths (4/Sth) affirmative vote of the council members present and voting for
approval.
FINANCIAL IMPACT:
Applicant has paid the $4,000 processing fee. The costs of all maintenance carried out in the
district will be assessed back to property owners.
RECOMMENDATION:
Staff recommends that the public hearing be closed and the attached resolution be adopted.
Location of
Proposed
Assessment District
No. 1030
No Scale
5th St.
Mill St.
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
PUBLIC WORKS DIVISION
PROPOSED ASSESSMENT DISTRICT NO.
1030 - MAGNOLIA AVENUE AND OHIO
AVENUE LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT
Created by: L. FI(;/W,y Date: "/i/ar
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tCOJfY
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director Subject: Public meeting - 4:00 p.m.:
formation of a landscape maintenance
Dept: Development Services assessment district in the Magnolia Avenue and
Ohio Avenue area, Assessment District No. 1030
Date: October 26,2004 (Tract No. 14604).
File No.14.40-121
Synopsis of Previous Council Action: MCC Date: 11-15-2004
06/16/2003 - Resolution No. 2003-129 was adopted, approving Tract No. 14604.
07/07/2003 - Authorization was given to proceed with the formation of Assessment District No.
1030.
10/04/2004 - Resolution ofIntention No. 2004-307 was adopted.
Recommended Motion:
That the public meeting relative to the formation of the Magnolia Avenue and Ohio Avenue
area Landscape Maintenance Assessment District No. 1030 be closed, and protests and
ballots, if any, be carried over to the public hearing on December 6, 2004, at 4:00 p.m.
,'<"-.
~~
Contact person: ElLEN GOMEZ
Supporting data attached: Staff Report, Maps
Phone: 5328
Ward:
5
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant)
Source: (Accl. No.) 254-000-2301-6018
(Accl. Description) Assessment District Deposits
Finance:
Council Notes: /)~~#-:sS II/;s-Io 'I
}' / I
Agenda Item No.
;2..7
1~/f f
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public meeting - 4:00 p.m.: formation of a landscape maintenance assessment district in the
Magnolia Avenue and Ohio Avenue area, Assessment District No. 1030 (Tract No. 14604).
BACKGROUND:
On July 7, 2003, authorization was given to proceed with the formation of Assessment District
No. 1030, in the Magnolia Avenue and Ohio Avenue area. The improvements to be maintained
include landscaping and all appurtenances along portions of the north side of Ohio A venue, east
of Magnolia Avenue, and the east side of Magnolia Avenue, north of Ohio Avenue, all within the
boundaries of Tract 14604. The purpose of this assessment district is for the assignment of costs
for the maintenance of the landscaping to the owners of the properties most benefiting from the
landscape area. This is also being done for blight prevention since property owners usually do
not maintain the areas beyond the perimeter block walls of a tract. A letter requesting the
formation of the district was received from MAPCO on behalf of the property owner, R. L. Elder
Construction Company, along with the processing fee of $4,000.
Tract No. 14604 consists of 47 single-family lots. The annual cost of maintenance and
incidentals is estimated to be $10,069.75, which will be spread across the 47 lots. The annual
assessment per lot is estimated at $214.25.
On October 4, 2004, Resolution of Intention No. 2004-307 was adopted, preliminarily approving
the Engineer's Report, which gives details regarding the district boundaries, proposed
maintenance, method of assessment, total cost of maintenance and a proposed assessment roll.
The Report is on file in the office of the City Clerk. The resolution also sets a public meeting
date of November 15,2004 and a public hearing date of December 6,2004. Currently, all of the
properties within the boundaries of the proposed district are under one ownership. Mailed notice
of the public meeting and public hearing was sent along with an Assessment Ballot for each
parcel. The Resolution of Intention was published in the Sun newspaper. The developer has
stated that no closing of sales is anticipated prior to the public hearing and all potential
homebuyers will be given a disclosure of the proposed assessment district and assessment
amount.
The public meeting is only an informational meeting and no action can be taken regarding the
formation of the assessment district until the public hearing. At the conclusion of the hearing, the
results of the assessment ballots returned will be submitted. Ballots are weighted in proportion to
the assessment amount. The formation of the district requires that at least 50% of the ballots
returned show support for the proposed district or that protests submitted, be 50%, or less, of the
total assessment. Formation of the assessment district will require the adoption of a resolution
and will require a four-fifths (4/5th) affirmative vote of the council members present and voting.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report (cont.)
FINANCIAL IMP ACT:
Applicant has paid the $4,000 processing fee. The costs of all maintenance carried out in the
district will be assessed back to property owners.
RECOMMENDA nON:
Staff recommends that the public meeting be closed and that any protests or ballots submitted be
carried forward to the public hearing on December 6, 2004.
Location of
Proposed
Assessment District
No. 1030
No Scale
~..,,~
5th 51.
Mill 51.
.. .
o
VICINITY MAP
CITY OF SAN BERNARDINO
ELOPMENT SERVICES DEPARTMENT
PUBLIC WORKS DIVISION
PROPOSED ASSESSMENT DISTRICT NO.
1030 - MAGNOLIA AVENUE AND OHIO
AVENUE LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT
Created by: 1. HF4J,.ft./ Date: ,,/tJdV
, . ,
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rc(())~r
RESOLUTION NO.
RESOLl1TION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT
BALLOTS REPRESENTING AT LEAST FIFTY PERCENT (50%) AFFIRc\1ATIVE
VOTES FOR THE PROPOSED ASSESSMENT HAVE BEEN RECEIVED AND THAT
THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE OF
LANDSCAPING IN THE AREA OF MAGNOLIA A VENUE AND OHIO AVENUE,
APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS
ASSESSMENT DISTRICT NO. 1030, ORDERING THE WORK, CONFIRMING THE
2005-2006 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL
ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF
1931 SHALL NOT APPLY.
WHEREAS. pursuant to Chapter ]2.90 of the San Bernardino Municipal Code, the Mayor
and Common Council of the City of San Bernardino have preliminarily found that the public
interest. convenience, and necessity require the maintenance oflandscaping in a portion of the City,
as more fully hereinafter described. and the appurtenances and appurtenant work and incidental
costs and expenses in connection therewith. that the project is feasible. and that the lands to be
assessed will be able to carry the burden of the proposed assessments to pay the costs and expenses
thereof: and
WHEREAS, on October 4. 2004, the Mayor and Common Council of the City of San
Bernardino preliminarily approved the Engineer's Report relative to the formation of Assessment
District 1\0. ] 030, vvhich is on file in the office of the City Clerk. and adopted Resolution No.
2004-307 entitled:
"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 MAGNOLIA A VENUE AND OHIO AVENUE AREA WITHOUT
COMPLIANCE \VITH 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. 1030; PRELIMINARIL Y APPROVING THE
] ] /18/2004
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RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST. .APPROVI~G THE
ENGINEER'S REPORT. CREATING ASSESSMENT DISTRICT NO. 1030, ORDERING WORK Ai\D
APPROVING 2005-2006 ASSESSMENT ROLL. (MAGNOLIA A VENUE AND OHIO A VENUE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
4 E;'IIGI;'IIEER'S REPORT AND GIVING NOTICE OF A Pl'BLIC MEETING AND PUBLIC
HEARING."
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which said resolution duly and legally was published and notice given of a Public Meeting and a
Public Hearing in the manner required by la\\, and pursuant to Section 4 of Article xmD of the
California Constitution. all property owners given notice were also given an Assessment Ballot to
indicate support or opposition to the proposed assessment. and written objections and protests. if
any. to the fornlation of the proposed district, the work to be done or the extent of the district to be
assessed were heard and considered: and
\VHEREAS, a Diagram of the Assessment District has been prepared and is on file in the
office of the City Clerk: and
WHEREAS, an Assessment Roll has been prepared totaling 510,069.75 which sets forth
the individual assessments to be levied on each of the parcels ofland within Assessment District
No. 1030 for the fiscal year 2005-2006. as set forth in the Engineer's Report. as now submitted. on
file in the uffice of the City Clerk.
BE IT RESOL VED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That a Public l'v1eeting having been held on NO\ember 15,2004. and a Public
Hearing having been held on December 6, 2004, the Mayor and Common CounciL having heard
and considered any and all comments received thereon and being fully advised in the premises,
hereby determine that any and all protests received represent less than a Majority Protest, as
represented by the assessment units assessable on the properties represented by said protests.
II! 18/04
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RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST...APPROVING THE
ENGINEER'S REPORT. CREATING ASSESSMENT DISTRICT NO. 1030. ORDERING WORK AND
APPROVING 2005-2006 ASSESSt-lENT ROLL. (1\1AGNOLlA A VENUE AND OHIO A VENUE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRiCT).
SECTION 2. That ballots having been received and considered. it is hereby determined
that the ballots submitted in favor of the assessment exceed the ballots submitted in opposition to
the assessment.
SECTION 3. That it is hereby determined that all properties. parcels and lots within the
boundaries of the Assessment District receive a local and direct benefit for the works of
improvement as proposed for said Assessment District, except for portions determined to be of a
general benefit as set forth in said Engineer's Report. and it is hereby further determined and
declared that all assessable costs and expenses have been apportioned and spread over the
properties within the boundaries of the Assessment District in direct proportion to the benefits
received thereby.
SECTION 4. That the public convenience and necessity require the proposed maintenance
and the Mayor and Common Council hereby order. by an affirmative vote of not less than 4/5ths
of its members present and voting. the formation of Assessment District No.1 030, along with the
work and appurtenances described in said Resolution No. 2004-307. and said Engineer's Report
as herein approved and that the Special Assessment Investigation, Limitation and Majority Protest
Act of 1931 shall not apply.
SECTION 5. That the Engineer's Report relative to the formation of Assessment District
1\0. 1030 as now submitted, together with a Diagram of the Assessment District, both on file in
the office of the City Clerk. are hereby accepted and approved and that said Engineer's Report shall
stand as the Report for all future proceedings for this Assessment District.
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RESOLl'TION FI1\;DlNG AND DETERMINING LESS THAN ^ MAJORITY PROTESLAPPROVING THE
ENGINEER'S REPORT. CREATING ASSESSMENT DISTRICT NO. 1030, ORDERING WORK AND
APPROVING 2005-2006 ASSESStvlENT ROLL, (MAGNOLIA A VENUE AND OHIO A VENUE AREA
L\l\DSCAPE MAINTENANCE ASSESSMENT DISTRICT).
SECTION 6. That the Mayor and Common CowlCil do hereby find and detennine that the
proportionate costs to be levied against the parcels of land within Assessment District No. 1030
are correctly set forth on Assessment Roll No.1 030 for the fiscal year 2005-2006, as set forth in
s~lid Engineer's Report, as now appro\'ed, and on file in the office of the City Clerk of the City of
San Bernardino. and do hereby confirm said assessments.
SECTION 7. The City Clerk is hereby directed and authorized to publish a Notice Inviting
Bids tor performing the work ordered, in the San Bernardino County Sun, a newspaper published
and circulated in said City, according to the specifications prepared or as will be prepared by the
City Engineer and on file or to be filed in the office of the City Engineer, at such time when the
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installation of the landscaping and appurtenances has been accepted by the City. The contract will
be awarded pursuant to standards used by the City in the award of Public Works contracts.
SECTION 8, It is hereby determined that the formation of the assessment district is
categorically exempt from the requirements of the California Environmental Quality Act (CEQA),
pursuant to Class I, Section 1530 I (c).
SECTION 9. Reference hereby is made to said Resolution No. 2004-307 and said
Engineer's Report for a description of the work. the extent of the assessment district, the financing
alternatives and for further particulars.
SECTION 10. That the City Clerk is directed to cause a copy of this Resolution to be
transmitted to the office of the Auditor-Controller for the County of San Bernardino with the
request that the individual assessments as shown on Assessment Roll 1'\0. 1030 be placed on the
] 1/18/04
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RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST.. .APPROVI~G THE
ENGINEER'S REPlIRT. CREATING ASSESSMENT DISTRICT NO. 1030, ORDERING WORK AND
APPROVING 2005-2006 ASSESSMENT ROLL, (MAGNOLIA A VENUE AND OHIO A VEl\UE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
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subject 2005-2006 property tax bills for collection together with all other property taxes.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
held on the
day of
meeting thereof
.20_. by the following vote. to-wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSE?\T
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
20 The foregoing resolution is hereby approved this _ day of
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Approved as to form
and legal content:
11/18/04
.20_
JUDITH V ALLES. Mayor
City of San Bernardino
5