HomeMy WebLinkAbout24-Development Services
CITY OF SAN BERNARIDNO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
TO:
Honorable Mayor Judith Valles and Members of the City Council
, 1,-,
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Rachel G. Clark, City Cyerk:,:.....<:r <:J- f-'
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November 21, 2005
FROM:
DATE:
RE:
11/21/05 Agenda Item #24 - Irvington Avenue and Chestnut Avenue Area
Landscape Maintenance Assessment District - Tract No. 16443 (Ward 5)
COPIES:
Les Fogassy, Real Property Specialist
The City Clerk's Office has received Assessment Ballots for the above-referenced
Landscape Maintenance Assessment District and they have been tabulated as follows:
YES (Approve the Assessment) 117
NO (Against the Assessment) 1
The ballots are on file in the City Clerk's Office.
Entered into Record 8t / /
Cp{'lIrl'ir"'VnPIICms Mtg: JI)....I (J.5
by fl::,-~ CA~__
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City Clerk/COC Seey
City ot Sail Bernardino
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///21/05
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Subject: Public hearing - 4:00 p.m., and
Resolution Ordering Work - Irvington Avenue
and Chestnut Avenue Area Landscape
Maintenance Assessment District (Tract No.
16443).
Dept: Development Services
Date: November 3, 2005
File No.14.40-127 MCC Date: 11-21-2005
Synopsis of Previous Council Action:
06/17/03 - Tract No. 16443 was approved, with conditions.
10/03/05 - Authorization was given to proceed with the formation of the Irvington Avenue and
Chestnut A venue Area Landscape Maintenance Assessment District No. 1039, and Resolution
ofIntention No. 2005-331 was adopted.
11/07/05 - Public Meeting was held and item carried over to the Public Hearing on 11-21-05
Recommended Motion:
I. That the public hearing relative to the formation of the Irvington A venue and Chestnut
Avenue Area Landscape Maintenance Assessment District No. 1039, be closed.
AND
2. Adopt resolution (4!5ths vote required)
h~
Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Maps. Res. Ward:
5
FUNDING REQUIREMENTS: Amount:
$4,000 (Processing fee paid by applicant)
Source: (Acct. No.) 254-000-2301-6026
(Acct. Description) Assessment District Deposits
Finance:
Council Notes:
Rp:":O. 2005-2.Q,
Agenda Item No.
d.~
III ~1{Dj
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public hearing and Resolution Ordering Work - Irvington Avenue and Chestnut Avenue Area
Landscape Maintenance Assessment District (Tract No. 16443).
BACKGROUND:
On June 17,2003, Tract Map No. 16443, located at the northwest comer of Irvington Avenue
and vacated Chestnut A venue, was approved by the Planning Commission, with conditions. On
April 12, 2004, GFR Enterprises, 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 along portions of the southerly side of Belmont Avenue, the easterly side of
Magnolia Avenue, a trail system and landscaping along the trail system across vacated Chestnut
A venue, located along the easterly side of the Tract. Additional maintenance will include entry
monument signs, lighting and hardscaping at the trail system entrances at Irvington A venue and
at Belmont Avenue. The trail system will consist of two parallel trails of 15 foot width each. One
trail will be an equestrian trail consisting of decomposed granite; the other trail will be a
walking/bicycle trail consisting of asphalt. The two trails will be separated by a vinyl rail fence.
A portion of the landscaping along the easterly side of the trail system is within easements
acquired from the adjacent property owners located outside of their walls or fences. The
developer has paid the required $4,000 formation fee.
Tract No. 16443 consists of 127 single family lots. The annual cost of maintenance and
incidentals will be spread across these 127 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 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, a
portion of the landscaping along Belmont Avenue and a portion of the trail system and
appurtenances have been deemed to be of a general benefit. The general benefit portion of the
annual cost of maintenance is estimated to be $1,070.21, 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 $24,993.60. This amount will be spread across the 127 lots within the District
and the annual maintenance cost per lot will be $196.80. 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.
On October 3, 2005, Resolution No. 2004-331 was adopted, preliminarily approving the
Engineer's Report and setting a public meeting for November 7, 2005 and a public hearing for
November 21,2005. The developer has advised us that 11 of the 127 lots have sold and closed.
The remaining lots are still owned by the developer. All owners of record, or as otherwise
known, were given mailed notice relative to the public meeting and hearing and were also sent
assessment ballots, to indicate their support or opposition to the formation of the Assessment
District.
As of the date of the staff this report, 116 ballots have been received for lots still owned by the
developer, supporting the proposed assessment. As of this date, only one ballot was received
from one of the 11 lots sold. That ballot was in opposition to the proposed assessment.
On November 7, 2005, the public meeting was held and the matter 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 the ballots returned in support for the proposed district exceed the ballots
returned in opposition to the proposed district. All potential home buyers will be given a
disclosure notice by the developer, advising them of the existence of an assessment district and
the proposed annual cost.
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.
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, with the exception of $1 ,070.21 for the general
benefit portion of the costs, which will need to be paid from the general fund.
RECOMMENDATION:
Staff recommends that the public hearing be closed and the attached resolution be adopted.
LOCA TION OF
PROPOSED ASSESSMENT
DISTRICT NO. 1039
No Scale
5th St.
Mill St.
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1039 -
Irvington Avenue and Chestnut
Avenue Area (Tr. 16443)
~ indicates un-incorporated areas
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Created by:
Date: tl /) OJ-
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1039
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IRVINGTON AVENUE CHESTNUT AVENU AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO
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BOUNDARIES OF TRACT NO. 16443.
M B. 300/67-69 SHOWN THUS: - - - - - - - - -
ASSESSMENT DISTRICT
BOUNDARY SHOWN THUS _1_1_1_1_1-
AREA OF TRAIL AND HARDSCAPE MAlNTENANCE:_
AREA OF LANDSCAPE MAINTENANCE:~
ASSESSMENT NUMBERS SHOWN THUS 0
Nil ASSESSED SHO'NN THUS: (!)
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San Bemardino County Recorder's Certificate
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CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
This map has been filed under Document
Number this
day of 20 ,al mln
Book of
at page . at the request 01
in the amount of $
...... n. : r-??Ifi,w
CKO:l:D IY, r
I APP.OVED 20_
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I 5-~!:~Mv1I rt.r:.TWn NIl, 48048
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ll(a:MOIDED JY'
lRVINGTON AVENUE
AND CHESTNUT AVENUE AREA
LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT NO. l()J')
DRAWING NO. 11526A
SHEET ----1-. OF -L..
Larry Walker
Auditor-Controller/Recorder
County of San Bernardil'lO
By
Deputy Recorder
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RESOLUTION NO.
(b(Q)~Y
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT
BALLOTS SUBMITTED IN FAVOR OF THE ASSESSMENT EXCEED THE BALLOTS
SUBMITTED IN OPPOSITION TO THE ASSESSMENT AND THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE. OF
LANDSCAPING IN THE AREA OF IRVINGTON AVENUE AND CHESTNUT AVENUE,
APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS
ASSESSMENT DISTRICT NO. 1039, ORDERING THE WORK, CONFIRMING THE
2006-2007 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL
ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF
1931 SHALL NOT APPLY.
WHEREAS, pursuant to Chapter 12.90 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,
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as more fully hereinafter described, and the appurtenances and appurtenant work and incidental
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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 3, 2005, the Mayor and Common Council of the City of San
Bernardino preliminarily approved the Engineer's Report relative to the formation of Assessment
District No.1 039, which is on file in the office of the City Clerk, and adopted Resolution No.
2005-331 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 IRVINGTON AVENUE AND CHESTNUT AVENUE AREA
WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION,
LIMITATION AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS
INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE
KNOWN AS ASSESSMENT DISTRICT NO. 1039; PRELIMINARILY APPROVING THE
YLo . z'l
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11/09/2005
RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST...APPROVING THE
1 ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1039 ORDERING WORK AND
APPROVING 2006-2007 ASSESSMENT ROLL, (IRVINGTON A VENUE AND CHESTNUT A VENUE AREA
2 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
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ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC
HEARING.
which said resolution duly and legally was published and notice given of a Public Meeting and a
Public Hearing in the manner required by law, and pursuant to Section 4 of Article XIIID 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 formation of the proposed district, the work to be done or the extent of the district to be
assessed were heard and considered; and
. 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 $24,993.60, which sets forth
the individual assessments to be levied on each of the parcels ofland within Assessment District
No. 1039 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 COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That a Public Meeting having been held on November 7, 2005, and a Public
Hearing having been held on November 21,2005, 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.
11/09/05
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RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST...APPROVING THE
1 ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1039 ORDERING WORK AND
APPROVING 2006-2007 ASSESSMENT ROLL, (lRVINGTON A VENUE AND CHESTNUT A VENUE AREA
2 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
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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. 1039, along with the
work and appurtenances described in said Resolution No. 2005-331 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
No. 1039 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.
11/09/05
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RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORlTY PROTEST...APPROVING THE
1 ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1039 ORDERING WORK AND
APPROVING 2006-2007 ASSESSMENT ROLL, (lRVINGTON A VENUE AND CHESTNUT A VENUE AREA
2 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
SECTION 6. That the Mayor and Common Council do hereby find and determine that the
proportionate costs to be levied against the parcels of land within Assessment District No. 1039
are correctly set forth on Assessment Roll No. 1039 for the fiscal year 2006-2007, as set forth in
said Engineer's Report, as now approved, 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 for 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
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 1, Section I5301(c).
SECTION 9. Reference hereby is made to said Resolution No. 2005-331 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 No.1 039 be placed on the
11/09/05
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RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST...APPROVING THE
1 ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1039 ORDERING WORK AND
APPROVING 2006-2007 ASSESSMENT ROLL, (IRVINGTON A VENUE AND CHESTNUT A VENUE AREA
2 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
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subject 2006-2007 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
6 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: A YES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
MCGI1'.TNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this _ day of
,20_.
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
:~YAttiO+#~
I 1109/05
5
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
Meeting Date (Date Adopted):
Ayes J-7
RESOLUTION AGENDA ITEM TRACKING FORM
/
/I / J{~ OS Item #
')c{
Resolution #
,;2 005 ~ 30;/
Absent
Vote:
Nays
Abstain
Change to motion to amend original documents 0
Companion Resolutions
NulINoid After:
days/
Resolution # On Attachments: 0
Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: 1/ - d d ~. 05
, , ,,-
Date of Mayor's Signature: ~l' Y7 ) (It.."
,---
Date of Clerk/CDC Signature: \\r yAbl \) .",
Reso, Log Updated: ~
Seal Impressed: 0/ .
Reso, # on Staff Report 0
Date Memo/Letter Sent for Signature:
15t Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
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):
Yes/
No By _
No / By_
No-L' By_
No-2-
No~ By_
Yes
Yes
Yes
Yes
Copies Distributed to:
Animal Control
V
Code Compliance 0/ Fire Department
Development Services lS6 (->,,) Human Resources
Others: (}'1'VO l'Y7
I
EDA
0 Information Services 0
0 Parks & Recreation 0
0 Police Department 0
0 Public Services 0
0 Water Department 0
City Administrator
Facilities
City Attorney
Finance
Notes:
/
Ready to File!
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Date: I ( ) /'
Revised 12/18/03