HomeMy WebLinkAbout42-Development Services
.
..
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Public hearing - 4:00 p.m., and
Resolution Ordering Work relative to the
formation of a Landscape Maintenance
Assessment District in the Magnolia Avenue
and Ohio Avenue Area (AD 1041 - Tr. 15528).
Dept: Development Services
Date: October 10,2006
File No. 14.40-131
Synopsis of Previous Council Action:
MCC Date: 11-06-2006
02123/2005 -Tentative Tract Map No. 15228 was approved, with conditions.
01126/2006- Final Tract Map No. 15228 was approved.
09/18/2006 - Authorization to proceed was given and Resolution of Intention No. 2006-331
was adopted.
10/16/2006 - Public Meeting was held and item carried over to the Public Hearing on 11-06-06.
Recommended Motion:
I. That the public hearing relative to the formation of the Magnolia Avenue and Ohio Avenue
Area Landscape Maintenance Assessment District No. 1041 be closed; AND
2. Adopt Resolution
Ymw().:R~
Signature
Contact person: LASZLO "Les" FOGASSY
Phone: 5026
5
Supporting data attached: Staff Report, Maps, Res. Ward:
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees paid by applicant)
Source: (Acct. No.) 254-000-2301-6028
(Acct. Description) Assessment District Deposits
Finance:
Council Notes:
;?6.50 C:<OO"-.39~
Agenda Item No.
II) II /~
~~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
. Staff Report
SUBJECT:
e
.
Public hearing - 4;00 p.m., and Resolution Ordering Work relative to the formation of a
Landscape Maintenance Assessment District in the Magnolia Avenue and Ohio Avenue Area
(AD 1041 - Tr. 15528).
BACKGROUND:
On February 23, 2005, Tentative Tract No. 15228 was approved with one of the conditions being
the formation of a Landscape Maintenance Assessment District. This condition was placed to
relieve the City of the costs of maintenance of the perimeter landscaping and drainage along the
slope area on the southerly side of the tract, and to assess these costs to those properties receiving
the most benefit.
On September 2, 2005, a petition for the formation of a Landscape Maintenance Assessment
District was submitted to the City by Dennis Sant of Sant Development, developer of Tract No.
15228, located on the southeasterly comer of Magnolia Avenue and Ohio Avenue in the
. Verdemont area. The formation fee of $4.000 was also paid on September 2,2005. The petition
represented 100% of the property owner(s) within the proposed Assessment District. The final
Tract Map was approved on January 26, 2006.
Tract No. 15228 consists of 17 single family lots. The annual cost of maintenance and
incidentals will be spread across these 17 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, 5% of
20.2% of all of the proposed maintenance has been determined to be general benefit; therefore,
$125.70 is the proportionate general benefit cost. The special benefit portion, which for the first
year is estimated to be $14,858.17, will be spread across the 17 lots within the District. The
estimated first years cost per lot will be $874. The formation cost in excess of the $4,000
deposited by the developer, which is $1,800, is included in the first years costs and will not be
included in subsequent years assessments. 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 to be paid for by the City.
On September 18, 2006, Resolution No. 2006-331 was adopted. setting a public meeting for
October 16, 2006 and a public hearing for November 6, 2006, and preliminarily approving the
Engineer's Report. The owner of record, which in this case is the developer, was sent a notice of
the meeting and assessment ballots. Since the developer still owns all of the lots, a majority
protest is not anticipated. Future property owners will purchase the lots subject 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.
e
e
e
On October 16, 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 (4/5) affirmative vote of the council members voting thereon.
FINANCIAL IMPACT:
Applicant has paid the $4,000 processing fee. Estimated costs of annual maintenance, including
additional formation costs, will be assessed back to property owners within the Assessment
District.
RECOMMENDA nON:
Staffrecommends that the public hearing be closed and the attached resolution be adopted.
LOCATION OF
ASSESSMENT
DISTRICT
I:
;;
"-
.. 0
.
VICINITY MAP
e
e
e
.JI If
I H~! Ii III ~
~I 1!II,hi!)1 I
I' i i~i!i"JJI,li I 1,1
6 i ,m," I I I
I 11.".\ 'J i'
ii ~~ lljfli j i ~6 I
ill il r !if tit H !
E-<
U
S ~
; is ~
<= E-< iZ
~d <t~ ~
Z OV) ~
ta V) CIl
~t; oBJ ~
gs ~~ ~
~~ iU~~8
z.... ~ .
f;;;1~ 0
~5 <tl ~
~ ~ :iffi
0000 0 al
0000 ZJ:LI Z
-< f;;;1 d ~ ;Jl
00 ;"l; u '"
00 ;:!IV) 0
-< ~ g
...:i
; I I
I
l,lln .<< 1U'Ir
,
L.. I
! 'I
I
I
ro I
~ p'
00,
~~I'~
--," ..,
ljll. ~
'" ,
t: Q
:I:
o
"
,
r'
.
I
I
I
~
I
.1" I
'1, if '.
j'I"'II'I
II I ill
I. il_61
I{" j'llt
hi Ii ill'
"j'" I. r
I f'l'-
II ,11116 hi
li"I; ill
.\ ~I.' I ·
~ 'I 0 J ,
06 Hhu II
I
i
H
Il
9/e I Bl'ld
oeel ON dVl'l 13~~Vd
..
'""'11
..
:.~ \~
., .1 ,a
CD @ ~j ~I' I
" a
.Y'm I
:..,@ i\ ~ ,. :i
~ G
g ~I, 'I, I,~
:'! ..... @ ..
l\ ~
. 0
I 81 a:: Ii:!
'" e ~I il ~l-: '.
.OlrLtl ~ v,
'I ..I~I!
'" e ~,all>: "
AI N C)
.'L"UI t
".
.. ~I t.
- e .. 'I!!
.. ..
~I I __
tc~~ WILl It__
,N'UC J,,".II:ol.'"
.. __---lGIi3A\f \f11.0N~\ff'i____
~ 69/vt 8V'4d
I gvv~ ON dVW 13~~Vd
,I"",l
! i I: ,
~ ~!II
II i!
! i .'1
I ih~l! !
I
.
Ie
I ~ ~ I
II I
Ii II
~p g
mn ~
'"
I
ro
"-
ro
'"
..
"
..
GO
W
W
10
...
o
z
~
o
.
a:
~
"-
~
--'
w
U
'"
""
"-
Ii i
iH !
dJ ~
~o ;:; ~ i
gZ 3 11
~~
ih ~ elt
a:U ~~I~
w&l'J ~~ A
<Xl ~;2 << ~
:i:~~ ~~re~
(I)~o ~"~J;l
:Sffi~ 6 ~~
~~.. ~ 3
()~
~
~
u
. ~
e
e
e
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SA:\' BERNARDINO FINDING AND
DETERMINING THE EXISTEl'ICE OF LESS THAN A MA.JORITY PROTEST, THAT
BALLOTS SUBMITTED IN FAVOR OF THE ASSESSMEl'IT EXCEED THE BALLOTS
4 . SUBMITTED IN OPPOSITION TO THE ASSESSMENT AND THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE MAI:\'TENANCE OF
LANDSCAPING IN THE AREA OF MAGNOLIA A VENUE AND OHIO A VENUE,
APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS
ASSESSMENT DISTRICT NO. 1041, ORDERING THE WORK, CONFIRMING THE
2007-2008 ASSESSMENT ROLL, AND DETERM:INING THAT THE SPECIAL
ASSESSMENT INVESTIGATION, LIMITATION AND MA.JORITY PROTEST ACT OF
1931 SHALL NOT APPLY.
3
5
6
7
8
9
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 \\ill be able to carry the burden of the proposed assessments to pay the costs and expenses
thereof; and
\VHEREAS, on September 18, 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. 1041, which is on file in the office of the City Clerk, and adopted Resolution No.
2006-331 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
LOCA TED IN THE MAGNOLIA AVENUE AND OHIO AVENUE AREA WITHOUT
COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION
AND MA.JORITY PROTEST ACT OF 1931; DECLARING ITS INTENTION TO
PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS
ASSESSMENT DISTRICT NO. 1041; PRELIMINARILY APPROVING THE
11/0112006
Ylo.1J:l
1/ / re/tJt
e
e
e
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 FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST.. MAG1\ULIA A VENUE AND OHIO A VENUE, APPROVING THE FINAL ENGINEER'S REPORT,
CREATING AN ASSESSMENT DISTRICT... 1'0.1041. ORDERING THE WORK, CONFIRMING THE 2007-
2008 ASSESSME1\T ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTlGA T10N.
LIMIT A T10N AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY
ENGINEER'S REPORT AND GIVING NOTICE OF A PlIBLIC MEETING A-l\ID PUBLIC
HEARING."
which said resolution was duly and legally 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 XIlIO 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: 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 S14,858.17, which sets forth
the individual assessments to be levied on each of the parcels ofland within Assessment District
No. 1041, 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 BER.."IARDINO AS FOLLOWS:
SECTION 1. That a Public Meeting having been held on October 16,2006, and a Public
Hearing having been held on November 6, 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 protest3.
11/01/06
2
e
e
e
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
RESOLlJTlO:-J..FINDING A:-':D DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST... MAGNOLIA AVENUE A:-JD OHIO A VENCE, APPROVING THE FINAL ENGINEER'S REPORT,
CREATING AN ASSESS~lENT DISTRICT... NO. 10-1 I. ORDERIl'G THE WORK, CONFIRMING THE 2007-
2008 ASSESSMENT ROLL AND DETERMIl'ING THAT THE SPECIAL ASSESSME:-JT Il'VESTlGATION.
LIMIT A TION A:-JD MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY.
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 voting thereon, the formation of Assessment District No. 1041, along with the
work and appurtenances described in said Resolution No. 2006-331 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. 1041, 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.
11/01/06
3
.
'.
1
2
3
4
5
6
7
8
9
10
11
12
13
RESOLUTlOJ\...FINDll\G AND DETERMINING THE EXISTE~,CE OF LESS THAN A MAJORITY
PROTEST... MAGNOLIA A VENUE AND OHIO A VENUE, APPROVING THE FINAL ENGINEER'S REPORT,
CREA Tll\G AN ASSESSMENT DISTRICT... NO. 1041, ORDERJNG THE WORK, CONFIRMING THE 2007-
2(10S ASSESS~1ENT ROLL. AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION,
LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY.
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. 1041,
are correctly set forth on Assessment Roll No, 1041, 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
San Bernardino. and do hereby confirm said assessments.
SECTIO:"l 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
14 City Engineer and on file or to be filed in the office of the City Engineer, at such time when the
15 installation of the landscaping and appurtenances has been accepted by the City. The contract will
16
17
18
19
20
21
22
23
24
25
26
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 15301(c).
SECTION 9. Reference hereby is made to said Resolution No. 2006-331 and said
Engineer's Rep0l1 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
. 27 request that the individual assessments as shown on Assessment Roll No. 1041, be placed on the
28
11/01/06
4
e
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
e 27
28
e
1
2
3
4
5
6
7
8
RESOLUTlON...FlNDlNG AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST... MAGNOLIA A VENUE AND OHIO A VENUE, APPROVING THE FINAL ENGIl\EER'S REPORT,
CREATING Al\ ASSESSMENT DlSTRJCT... NO. 1041, ORDERING THE WORK, CONFIRMING THE 2007-
200S ASSESSMENT ROLL. AND DETERMINING THAT THE SPECIAL ASSESS!",lEl'T INVESTIGATION.
LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY.
subject 2007-2008 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
meeting thereof
, 20_, by the following vote, to-wit:
day of
held on the
9 Council Members: A YES
ABSTAIN
ABSENT
NAYS
ESTRADA
BAXTER
VACANT
DERRY
KELLEY
JOHNSON
!\lCCAMMACK
City Clerk
The foregoing resolution is hereby approved this _ day of
,20_
PATRICK J. MORRlS, Mayor
City of San Bernardino
11/01106
5