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ORJGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: December 21,2005
Subject: Public hearing --- 4:00 p.m., and
Resolution Ordering Work --- Northpark
Boulevard and Northstar Avenue Landscape
Maintenance Assessment District No.1 046
(Tract No. 16865).
From: JAMES FUNK, Director
Dept: Development Services
File No.14.40-138 MCC Date: 01-23-06
Synopsis of Previous Council Action:
09/08/2004 - Tentative Tract No. 16865 was approved, with conditions.
11/21/2005 - Authorization to proceed was given and Resolution ofIntention No. 2005-383
was adopted relative to the formation of a Landscape Maintenance Assessment District in the
Northpark Boulevard and Northstar Avenue area.
01/09/2006 - Public Meeting was held and item carried over to the Public Hearing on 01123/06.
Recommended Motion:
1. That the public hearing relative to the formation of the Northpark Boulevard and Northstar
Avenue Area Landscape Maintenance Assessment District No. 1046 be closed; AND
2. Adopt Resolution
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Contact person: LASZLO "Les" FOGASSY
Supporting data attached: Staff Report, Map, Res.
Ward:
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant)
Source: (Acct. No.) 254-000-2301-6034
(Acct. Description) Assessment District Deposits
Finance:
Council Notes:
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public hearing and Resolution Ordering Work Northpark Boulevard and Northstar Avenue
Landscape Maintenance Assessment District No. 1046 (Tract No. 16865).
BACKGROUND:
On September 8, 2004, the Planning Commission approved Tentative Tract No. 16865, located
on the south side of Northpark Boulevard, west of Little Mountain Drive. Drake Development,
the original developer of the tract, submitted a petition on behalf of the owner for the formation
of a landscape maintenance assessment district, as one of the conditions of approval for this tract.
Subsequently, the project was assumed by Northpark 19, LLC. 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 along portions of the south side of Northpark Boulevard and along portions
of Northstar Avenue within the westerly slopes of Lots 19 and 15. The developer has paid the
required $4,000 formation fee.
Tract No. 16865 recorded on December 12, 2005, consisting of 19 single-family lots. The annual
cost of maintenance and incidentals will be spread across these 19 lots. Part of the formation
proceedings includes the preparation of an Engineer's Report, which details the costs necessary
to carry out the ongoing maintenance of landscaping and is attached for your review. As set forth
in the Engineer's Report, on file in the office of the City Clerk, the estimated annual assessment
is $293 per single family lot. Since Northpark Boulevard is designated a secondary arterial, a
portion of the landscaping costs catmol be assessed to the District since this portion has been
determined to be of a general benefit, as defined in said Engineer's Report. This amount is
estimated to be $213 annually, and will need to be funded from the general fund or other non-
district funding source.
On November 21, 2005, Resolution of Intention No. 2005-383 was adopted, setting a public
meeting for January 9,2006, a public hearing for January 23,2006, and preliminarily approving
the Engineer's Report. Approval of this District is subject to an assessment ballot process, which
requires a majority approval by the property owners within the proposed District boundary. The
owner of record was given mailed notice of the public meeting and hearing, along with an
Assessment Ballot form. Since all of the properties are currently under one ownership, no
protests are anticipated. The developer/owner, Clay Zaccaglini, representing Northpark 19, LLC,
has returned the Assessment Ballot in support of the Assessment District. Future homeowners
will purchase the homes subject to the assessment district. All potential homebuyers will be
given a disclosure notice by the developer, advising them of the existence of an assessment
district and the proposed annual cost.
On January 9,2006, the public meeting was held and the matter continued to the public hearing.
Formation of the assessment district will require the adoption of the attached resolution and will
require a four-fifths (4/5th) affirmative vote of the council members voting thereon.
Staff Report
Continued
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, with the exception of $213 determined to be general
benefit. This amount will need to be funded from the general fund or other non-district funding
source.
RECOMMENDATION:
That the hearing be closed and that the attached resolution be adopted.
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1046
NORTHP ARK BOULEVARD AND NORTHST AR AVENUE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE
CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO
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CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBUC WORKS DIVISION
DRA'w'ING
NO.
11593A
VICINITY MAP
NORTHPARK BOULEVARD AND
NQRTHST AR ^ VENUE LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT
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LatT)'Walkef
Audilor-conlrollerlRecon::Ier
CounlyofSanBemardino
By:
Deputy Recon::Ier
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RESOLCTIO'i :1\0,
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RESOLUTIOl\ OF THE CITY OF SA'i BER:I\ARDINO FINDI'iG A'iD
DETER'\lIl\ING THE EXISTENCE OF LESS THAN A MA.JORITY PROTEST, THAT
BALLOTS SUBMITTED IN FAVOR OF THE ASSESSMEI\T EXCEED THE BALLOTS
SUBMITTED IN OPPOSITION TO THE ASSESSMENT AND THAT THE PUBLIC
CO]\'VENIENCE A'iD '\'ECESSITY REQUIRE THE MAINTE'\'ANCE OF
LANDSCAPING l'i TilE AREA OF 'iORTHP ARK BOULEVARD A'iD NORTHST AR
A VE'il'E, APPROVING THE fI1"AL ENGI'iEER'S REPORT, CREATING A'i
ASSESSMENT DISTRlCT TO COVER THE COSTS OF SAID MAINTDIANCE, KNOWN
AS ASSESSMEl'iT DISTRICT NO, 1046, ORDERI'iG THE WORK, CONFIRMING THE
2006-2007 ASSESSl\IEI\T ROLL, A'iD DETER'\I1l\ING THAT THE SPECIAL
ASSESSMENT Il'i\'ESTIGATIOI\, LI:\lITATIOl'i AND MAJORITY PROTEST ACT OF
1931 SHALL :\'OT APPLY.
WHEREAS, pursuant to Chapter 12,90 of the San Bemardino l\lunicipal Code, the Mayor
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and Common Council of the City of San Bernardino hm'e preliminarily found that the public
interest. c011\'enience, and necessity require the maintenance of landscaping in a p0l1ion of the City,
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as more full\' hereinafter described, and the appurtenanc~s and appurtenant \\'Ork and incidental
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costs and expenses in connection there\\'ith. that the project is feasible, and that the lands to be
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as,essed \\'ill be able to carry the burden of the proposed assessments to pay the costs and expenses
thereof: and
WHEREAS, on '\o\Cmber 21, 2(0), the '\layor and Common Council of the City of San
Bernardino preliminarily approwd the Engineer's Report relati\'e to the formation of Assessment
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District '\0, 1046. which is on file in the office of the City Clerk, and adopted Resolution No,
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2005-383 entitled:
"RESOLUTION OF THE CITY OF SAN BERNARDI'\'O PRELIMINARILY
DETER'\lI"iING THAT THE Pl'BLlC COI\VE'iIE'iCE Ai'iD NECESSITY REQUIRE
THE FORMA TIO'i OF A LA!\DSCAPE i\IAI'iTEl\'A'iCE ASSESSMENT DISTRICT
LOCATED l'i THE 'iORTHPARK BOl'LEVARD AND 'iORTHSTARAVENUEAREA
WITHOUT COMPLIA'iCE WITH THE SPECIAL ASSESS,\lEl\T Il\VESTlGATlON,
LIMITATION A'iD l\lAJORITY PROTEST ACT OF 1931; DECLARING ITS
I'iTEl\TIO'\' TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE
K'iOW'i AS ASSESSME'iT DISTRICT 1\'0, 1046; PRELll\H'iARIL Y APPROVING THE
ENGINEER'S REPORT AND GIVI'iG NOTICE OF A Pl'BLIC l\lEETI!'<~.AND ~UJ!I,.IC
HEARING." ,ltJ ,0/..;1
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01/05!2006
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RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTESL,APPROVING THE
1 ENGINEER'S REPORT, CREA TING ASSESSMENT DISTRICT NO, 1046 ORDERING WORK AND
APPROVING 2006-2007 ASSESSMENT ROLL. (NORTHPARK BOULEVARD AND NORTH STAR AVENUE
2 AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT)
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Said resolution was duly published and legal notice was given of a Public Meeting and a
Public Hearing in the manner required by law, and pursuant to Section 4 of Article XlIID 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
an)'. to the formation of the proposed district, the work to be done or the extent of the district to be
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assessed were heard and considered; and
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WHEREAS, 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 55,567,76, which sets forth
the individual assessments to be levied on each of the parcels ofland within Assessment District
No, 10-16 for the fiscal year 2006-2007. as set forth in the Engineer's Report, as now submitted, on
file in the office of the City Clerk,
BE IT RESOLVED BY THE MAYOR AND COMMON COUi\'CIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That a Public Meeting having been held on January 9, 2006, and a Public
Hearing hm'ing been held on January 23, 2006, 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,
SECTION 2. That ballots having been received and considered, it is hereby determined
that thc ballots submitted in favor of the assessment exceed the ballots submitted in opposition to
1221/05
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RESOLUTIO;': FINDING AND DETERMINING LESS THAN A MAJORITY PROTESL,APPRO\'ING THE
1 ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO, 1046 ORDERING WORK AND
APPROVING 2006-2007 ASSESSMENT ROLL, (NORTH PARK BOULEVARD AND NORTHST AR A VENUE
2 AREA LANDSCAPE ~lAINTENAl'CE ASSESSMENT DISTRICT),
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the assessment.
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SECTION 3. That it is hereby determined that all properties, parcels and lots within the
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boundaries of the Assessment District receive a local and direct benefit for the works of
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improvement as proposed for said Assessment District, except for portions determined to be of a
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general benelit 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
propenies within the boundaries of the Assessment District in direct proponion to the benefits
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received thereby,
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SECTION 4. That the public convenience and necessity require the proposed maintenance
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and the Mayor and Common Council hereby order. by an affirmative vote of not less than 4/5ths
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of its members present and voting, the fommtion of Assessment District No, 1046, along with the
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work and appurtenances described in said Resolution No, 2005-383 and said Engineer's Report as
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herein approved and that the Special Assessment Investigation, Limitation and Majority Protest
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Act of 1931 shallllot apply,
SECTION 5. That the Engineer's Report relative to the fomlation of Assessment District
No, 46 as now submitted, together with a Diagram of the Assessment District. both on tile in the
office of the City Clerk, are hereby accepted and approved and that said Engineer's Repon shall
stand as the Report for all future proceedings for this Assessment District.
SECTION 6, That the Mayor and Common Council do hereby find and determine that the
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proportionate costs to be levied against the parcels of land within Assessment District No, 1046
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are corrcctly set forth on Assessment Roll No, 1046 for the liscal year 2006-2007, as set forth in
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RESOLUTION FINDING A)\;D DETERMINING LESS THAN A MAJORITY PROTEST. APPROVING THE
1 ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO, 1046 ORDERING WORK AND
APPROVING 2006-2007 ASSESSMENT ROLL, (NORTHPARK BOULEVARD AND NORTH STAR AVENUE
2 AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT)
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said Engineer's Report. as now approved, and on file in the office of the City Clerk ofthc City of
San Bcrnardino, and do hcreby confirm said assessmcnts,
SECTION 7, The City Clerk is hereby directed and authorized to publish a Notice Inviting
Bids for performing the work ordered, in the San Bcrnardino County Sun, a newspaper published
and circulated in said City, according to the specifications prepared or as will be prepared by the
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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 contracI 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 assessmcnt district is
categorically exempt from the requirements of the California EnvirolUnental Quality Act (CEQA),
pursuant to Class 1, Section l5301(c),
SECTION 9, Reference hereby is made to said Resolution No, 2005-383 and said
Engineer's Rep0l1 for a description of the work, thc extent of the assessment district, the financing
altcrnatives and for further particulars,
SECTION 10. That the City Clerk is directcd 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 No, 1046 bc placed on the
subject 2006-2007 property tax bills for collection together with all other property taxes,
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12/21/05
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RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST" ,APPROVING THE
1 ENGINEER'S REPORT, CREA TI:-iG ASSESSMENT DISTRICT NO, 1046 ORDERING WORK A:-iD
APPROVING 2006-2007 ASSESSMENT ROLL. (NORTH PARK BOULEVARD AND NORTHST AR A VENUE
2 AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT),
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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 !\lcmbers: A YES
NAYS
ABSTAIN
ABSENT
ESTRADA
LOl\GVlLLE
MCGI1\",IS
DERRY
J3
KELLEY
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JOHNSO~
!\lCCA!\IMACK
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Cit) Clerk
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The foregoing resolution is hereby approwd this _ day of
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JCDITH VALLES. Mayor
City of San Bernardino
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Approved as to form
and legal content:
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JAMES F, PENMAN,
City Attorney
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By:
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12/2 Ji05
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
J'l /J1Y/
Meeting Date (Date Adopted): / r/)~, <9\0 Item # Ci\ 7 Resolution #
Vote: Ayes4= Nays Abstain
Change to motion to amend original documents 0 Companion Resolutions
Null/Void After: days /
Resolution # On Attachments: 0
)oob,J1
Absent
PUBLISH 0
POST 0
RECORD W/COUNTY 0
Note on Resolution of attachment stored separately: 0
By:
Reso, Log Updated: Z-
Seal Impressed: H _
b Reso, # on Staff Report ~
Date Sent to Mayor:
Date of Mayor's Signature:
Date of ClerklCDC Signature:
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Retumed: Not Retumed: 0
2nd Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
Animal Control
City Administrator
City Attomey
Code Compliance
EDA
o
o
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o
o
o
V
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Facilities
Finance
Fire Department
Human Resources
/J~-
Others:
Notes:
/
Vi
Ready to File: _
Yes -~
No By
No~BY=
No ./' By_
No /~y_
No_ By_
Yes
Yes
Yes
Yes
Information Services
Parks & Recreation
Police Department
Public Services
Water Department
o
o
o
o
o
Datel Ji -f) ~
Revised 12/18/03