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Home My WebLink About23-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Public hearing - 4:00 p.m., and Resolution Ordering Work - Ohio Avenue and Pine Avenue Area Landscape Maintenance Assessment District (Tract No. 16547). Dept: Development Services Date: September 21,2006 File No.14.40-139 MCC Date: 10-16-06 Synopsis of Previous Council Action: 04/14/2005 - Tract No. 16547 was approved, with conditions. 09/05/2006 - Authorization was given to proceed with the formation of the Ohio Avenue and Pine Avenue Area Landscape Maintenance Assessment District No. 1047, and Resolution of Intention No. 2006-305 was adopted. 10/02/2006 - Public Meeting was held and item carried over to the Public Hearing on 10-16-06. Recommended Motion: I. That the public hearing relative to the formation of the Ohio Avenue and Pine Avenue Area Landscape Maintenance Assessment District No. 1047, be closed. AND 2. Adopt resolution (4/5ths vote required). ~{;.RuY Valerie C. Ross Contact person: leanne'marie Fitzpatrick Phone: 5328 Supporting data attached: Staff Report, Maps. Res. Ward: 5 FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant) Source: (Accl. No.) 254-000-2301-6026 (Accl. Description) Assessment District Deposits Finance: Council Notes: Agenda Item No. ---ll-- JO//hlob CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public hearing and Resolution Ordering Work - Ohio Avenue and Pine Avenue Area Landscape Maintenance Assessment District (Tract No. 16547). BACKGROUND: On April 14, 2005. Tract No. 16547, located on the north side of Ohio Avenue, east of Pine A venue was approved. RGS Development Group, the 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 the tract. The formation of the 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 district will be based upon the benefit received. The areas to be maintained by the district will be landscaping along portions of the north side of Ohio Avenue and a vacant strip of land (approximately 40 feet wide) along the rear of Lots I through 5 of Tract No. 16547 consisting of landscaping and a local trail. The strip ofland is encumbered by a water easement to the San Gabriel Valley Municipal Water District and is a fuel modification area required by the Fire Department - the development is in close proximity to tire foothills. The developer has paid the required $4,000 formation fee. Tract No. 16547 consists of eight single-family lots. The annual cost of maintenance and incidentals will be spread across these eight 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, the estimated annual assessment for this district is $883.06 per single family lot. The higher than average per lot assessment is due to the relatively small number of lots. On August 29. 2006. notices were mailed to the owners ofrecords, or as otherwise known, along with assessment ballots. Staff was notified by the developer that two houses have closed escrow. These new owners were sent notices and ballots as well. The developer owns the remaining six lots and was sent notices and ballots for these lots. On September 5, 2006, Resolution of Intention No. 2006-305 was adopted, setting a public meeting for October 2,2006. and a public hearing for October 16, 2006. Six ballots have been received all in support of the district. Property owners have until the close of the hearing date to submit their ballots. On October 2, 2006. 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/Sth) affirmative vote of the council members voting thereon. 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. RECOMMENDA nON: Staff recommends that the public hearing be closed and the attached resolution be adopted. LOCA TlON OF PROPOSED ASSESSMENT DISTRICT NO. 1047 40th S Base St. ::> > <[ " " E ~ ~ ~ " ~ " +' Vi " 5th St. Drnn Show > <[ " " E " U " a. a. >- Mill St. -, . o VICINITY MAP No Scale !aollt,,,, ioo CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District NO.1 047 - Ohio Avenue and Pine Avenue Area (Tract No. 16547) indica tes un-Incorpora teol ~ areas within City's Sphere of' Inf'luence Created by: Jeanne'marie Fitzpatrick Date: 8/7/06 ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1047 OHIO A VENUE AND PINE A VENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT INTHE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO ~ "'~ I I I t.:... I ~ ' '- .. (j) : I '" ----""'-j '- ,l. II 8' ~;:',J" ;~ ~ a .. ~ Ie' " G i ~ ~ ,.Y>' ,~\ IJ) , . , r J '. I ~r/r8: w ~ ,(0 0 ::I ~,7 l!!: a; -_ ~ I . ;;: 0~~1-~ -/- {f,..IIJi' '. --j~l' ~ I .. --OHIO .. A VENUE _ UJ -__ z ii: I I lQCATIQ:-J OF ASSESSMENT DISTRICT . APPRavtll " VICINITY MAP 'm~ CITY OF SAN BERNARDINO DEPARTMENT OF DEVElOPMENT SERVICES PUBLIC WORKS DIVISION DRA'w'ING ND. 11678A LEGEND ASSESSUENT DISTRICT BOUNDARY I ________.. La'ryWal~e-r Aud,lor.Conlroll.../Rl!mnl.... Co...nlyofSat1Semard'no OHro A VENUE AND PINE A VENl:E AREA. LANDSCAPE MArNTENANCE ASSESSMENT DI~IRlcr Mrr----L-or -LDfilS AREAS CF PROPOSED WAlN'!tHANCE SHO~ Tl-IUS: ~ FUEl-WOO Tl-lINNINC AREA SHO... 'fI.lUS: _ ASSESSWENT NUNSER SHO'Ml 'IliUS, @l a..putyl'll!(:O!'d.... r_.n".,.""",.o/.....c".c..", "'....c,oy"'s..._..._ 0'V0I l'O R..cHHClARK ,>I.c.."'.C...oI_-....., ''''''~<....,Py"'"''''.map.'''''.''"9'~'''0lD>''''~l<>r..._>meoO o..rno:.""~"'....C.'~oISar>Ilo......."".c""""'oIs..e-......s_ o' c..',""".. ...._o....O~'''''_..,..ON;Ic-C''''"''''''''.....C<'/''' s""-.....,"'.~'""*''''9I__''''....._...''' .0 bv ~..o,,""''''' ano""'-;;;;-""",nl"'''''''',,,,,,,,C~ ~.<"'."'o'S""B""''''''.''''C..mlv'''''..._..,oI :/0 ..Boo. 0.") ol.._"'-.:;;;;.."'en'_ean.....""'YFa<.... n.""".. R...CHRC........ CI,.,.CJo"'_C..~"'s.._ RK"'......""'aK'<.ofl...C.....E~"-...._""vo. ~ crr-':F;NG'NEEIl C"y01 S__ ""'.................._by.......,"'ondc-Ccor<:llol""'C...'" $;orIB~""....""-'."'..'".._--=.,,"'....._..-.-""... .....amen..,~_S.........menl....._""...._...oI :/0__""'......,.,.,...,_........ ......"'en'"''..-.''..''''.'''''n...otli<.o'....C...E~oI....,C.''''''' "",~..,o' ;>O_R.fO<HI<"'_lO ...............,.",...<""'...'''_n~I<..'"'''C,....E''''7_''''"'''._ ......,."..O..o<n......"'.n.'."'.._n".aco_coo"'-......,.-."".... .......".,."o..qom . R'CHElClAA" C"yC.....,C.f'orSon~ San Bemard,noCounly R,corde"'C""'r.cate T~;.mapt\,nb~"filftdunde'Oocurnenl Number lhrs day of 20 at_ Book_of alpaqe allherl!qUe$lof ,ntheamountofS " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION 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%) AFFIR1\1ATIVE VOTES FOR THE PROPOSED ASSESSMENT HAVE BEEN RECEIVED AND THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE OF LANDSCAPING IN THE OHIO AVENUE AND PINE AVENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID l\-WNTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1047, ORDERING THE WORK, CONFIRMING THE 2007-2008 ASSESSMEl'iT 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 of landscaping 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 thereo f; and WHEREAS, on September 5, 2006, 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. 1047, which is on file in the office of the City Clerk, and adopted Resolution No. 2006-305 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 OHIO AVENUE AND PINE 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, 1047; PRELIMINARILY APPROVING THE El'iGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUB.LIC HEARING. A/^. r. . ~ II c'-,~ , . ~ 10/1 0/2006 / () ) / ~-/ 0 (0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION FINDI:"IG AND DETERMIl'lING LESS THAN A MAJORITY PROTEST...APPROVING THE ENGINEER'S REPORT, CREATIl'I'G ASSESSMENT DISTRICT NO. 1047 ORDERING WORK AND APPROVING 2007-2008 ASSESS:VIENT ROLL. FOR THE OHIO AVENUE AND PI:"IE A VENt:E AREA LANDSCAPE MAINTENA1...CE ASSESSMENT DISTRICT A."iD DETERM:INING THAT THE SPECIAL ASSESSMENT INVESTIGATION...SHALL NOT APPLY. 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 XIIlD 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 $7,064.64, which sets forth the individual assessments to be levied on each of the parcels of land within Assessment District No. 1047 for the fiscal year 2007-2008, 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 October 2, 2006, and a Public Hearing having been held on October 16, 2006, the Mayor and Common Council, having heard and considered any and all comments received thereon and being fully advised in the premises, ht:reby 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 the ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment. 10/1 0/06 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 RESOLUTION FINDI:'I'G A:'I'D DETERMINING LESS THAN A MAJORITY PROTEST...APPROVI'IG THE ENGINEER'S REPORT. CREATING ASSESSMENT DISTRICT NO. 1047 ORDERING WORK ~"'D APPROVING 2007-2008 ASSESSMENT ROLL, FOR THE OHIO AVENUE Al'iD PINE A VENL'E AREA LANDSCAPE MAINTEN~"CE ASSESSMENT DISTRICT AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION...SHALL NOT APPLY. 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. 1047, along with the work and appurtenances described in said Resolution No. 2006-305 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. 1047 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. 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. 1047 are correctly set forth on Assessment Roll No. 1047 for the fiscal year 2007-2008, 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 10/1 0/06 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION FINDI:-.iG AND DETERMI:-.iING LESS THAN A MAJORITY PROTEST...APPROVING THE ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. t047 ORDERING WORK AND APPROVING 2007-2008 ASSESSMENT ROLL. FOR THE OHIO AVENUE ~"'D PIi'I"E AVENUE AREA LANDSCAPE MAINTENMKE ASSESSMENT DISTRICT AND DETERVlINING THAT THE SPECIAL ASSESSMENT INVESTIGATION ...SHALL NOT APPLY. 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 deternlined 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 15301(c). SECTION 9. Reference hereby is made to said Resolution No. 2006-305 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. 1047 to be placed on the subject 2007-2008 property tax bills for collection together with all other property taxes. 1/1 1// /II 1011 0/06 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 , 27 28 RESOLUTIO~ FINDING AND DETERJ"lINING LESS THAN A MAJORITY PROTEST...APPROVING THE ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1047 ORDERI:"IG WORK AND APPROVING 2007-2008 ASSESSMENT ROLL, FOR THE OHIO A VENUE k'iD PINE A VENUE AREA LMoIDSCAPE MAlNTEN.-,l\TCE ASSESSMENT DISTRICT AND DETERJ"lINING THAT THE SPECIAL ASSESSMENT INVESTIGATIOl"...SHALL NOT APPLY. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bemardino at a meeting thereof held on the day of ,20_, by the following vote, to-wit: Council Members: A YES NAYS ABSTAIN ABSENT ESTRADA BAXTER VACANT DERRY KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this _ day of ,20_ PATRICK J. MORRIS, Mayor City of San Bernardino Approved as to form: p, . L -1. 'L -, c.-.-'," "..--. ES F. PENMAN, City Attorney 1011 0/06 5