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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: October 16,2006
Subject: Public hearing - 4:00 p.m., and
formation of a Landscape Maintenance
Assessment District in the Eucalyptus Avenue
and Randall Avenue area (AD 1048 -Tract No.
17273).
From: Valerie C. Ross, Director
Dept: Development Services
File No. 14.40-140
Synopsis of Previous Council Action:
04/05/2005- Tentative Tract Map No. 17273 was approved, with conditions.
MCC Date: 11-06-2006
09/18/2006 - Authorization to proceed was given and Resolution ofIntention No. 2006-330
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 Eucalyptus A venue and Randall
Avenue area Landscape Maintenance Assessment District No. 1048 be closed; AND
2. Adopt Resolution
~v.R~
Valerie C. Ross
Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Maps, Res. Ward:
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees paid by applicant)
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Source: (Acct. No.) 254-000-2301-6039
(Acct. Description) Assessment District Deposits
Finance:
Council Notes:
klso cQOO4> -397
IIJ;i4DCD
Agenda Item No. ---.!l:?>
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public hearing - 4:00 p.m.. and formation of a Landscape Maintenance Assessment District in
the Eucalyptus Avenue and Randall Avenue area (AD 1048 -Tract No. 17273).
BACKGROUND:
On April 5, 2005, Tentative Tract No. 17273 was approved by the Planning Commission, 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 landscaping in the perimeter
and to assess these costs to those properties receiving the most benefit.
On October 5, 2005, a petition for the formation of a Landscape Maintenance Assessment
District was submitted to the City by David Keith of Ohtech Development, developer of Tract
No. 17273 located on the northwesterly corner of Eucalyptus Avenue and Randall Avenue. The
formation fee of $4,000 was also paid on November 14,2005. The petition represents 100% of
the property owner(s) within the proposed Assessment District.
Tract No. 17273 will consist of 20 single family lots when the final map is approved and
recorded. The annual cost of maintenance and incidentals will be spread across these 20 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 22.6% of all of the proposed maintenance has been
determined to be general benefit; therefore, $76.54 is the proportionate general benefit cost. The
special benefit portion, which for the first year is estimated to be $8,888.80, will be spread across
the 20 lots within the District. The estimated first years cost per lot will be $444.44. 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 be paid for by the City.
On September 18, 2006 Resolution No. 2006-330 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.
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On October ] 6, 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.
RECOMMENDATION:
Staff recommends that the public hearing be closed and the attached resolution be adopted.
LOCATION OF/
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RESOLlITION NO.
RESOLUTION OF THE CITY OF SAN BER.""ARDINO FINDING Al\'D
DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT
BALLOTS SUB:\oIITTED 11'1 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 EUCALYPTUS AVE!'WE Al'l1) RAt"iDALL AVENUE,
APPROVING THE F11'1AL ENGINEER'S REPORT, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS
ASSESSMENT DISTRICT NO. 1048, ORDERING THE WORK, CONFIRMING THE
2007-2008 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 Bel1lardino 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
thereof; and
WHEREAS, 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. 1048. which is on file in the office of the City Clerk, and adopted Resolution No.
2006-330 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 EUCAL YPTUS AVENUE AND RANDALL A VENUE 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
I(,"IO'WN AS ASSESSMENT DISTRICT NO. 1048; PRELIMINARILY APPROVING THE
11/01/2006
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RESOLUTlON...FINDI~G AND DETERMINING THE EXISTENCE OF LESS THAN A \1AJORIlY
PROTEST.. .EUCAL YPTUS A VENUE AND RANDALL A VENUE, APPROVING THE FINAL ENGINEER'S
REPORT, CREATING AN ASSESSME'Jl DISTRICT...NO. 1048. ORDERING THE WORK. CONFIRMING THE
2007-2008 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASS!. ,SMEl\T
I"iVESTlGATlON, LIMITATION A1\D MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY.
ENGINEER'S REPORT AND GI\.lNG NOTICE OF A PUBLIC MEETING AND 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 XIIID of the
California Cons1itution, all property ovmers 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 fonnation 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 58,888.80, which sets forth
the individual assessments to be levied on each of the parcels ofland within Assessment District
1\0. 1048, 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 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 protests. .
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RESOLL'TJ01\. FIl\D1l\G AND DETERMJl\ING THE EXISTENCE OF LESS THAN A \1,\JORITY
PROTEST.. EVCAL YPTUS A VENUE AND RANDALL A VENUE, APPROVING THE FINAL ENGINEER'S
REPORT. CREAlfl'G AN ASSESSMENT DlSTIUCT...NO. 1048. ORDERING THE WORK. CONFIRMING THE
2007-2u08 ASSESS~lENT ROLL. A)\l) DETERMINING lHAT THE SPECIAL ASSESSMEl\T
INVESTIGA lION, LIMITATION Al\D 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
dec lared 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.1 048, along with the
work and appurtenances described in said Resolution No. 2006-330 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. 1048, 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
. 27 shall stand as the Report for all future proceedings for this Assessment District.
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RESOLUTlON...FIl'D1NG AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
I'ROTESL.El!CALYPTUS AVENUE AND RANDALL AVI:.NUE. APPROVING THE fINAL ENGINEER'S
REPORT. CREA TING AN ASSESSMENT DISTRICT. ..NO. 1048. ORDERING THE WORK, CONFIRMING THE
2007,2008 ASSESSMENT ROLL. AND DETERMINING THAT THE SPECIAL ASSESSMENT
INVESTlGA TlON. 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. 1048,
are correctly set forth on Assessment Roll No, 1048, 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.
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 I, Section 15301(c).
SECTION 9. Reference hereby is made to said Resolution No. 2006-330 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. ] 048, be placed on the
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RESOLUTION. FINDING AND DETERMINING 'THE EXISTENCE or LESS THAN A MAJORITY
PROTEST...EUCALYPTUS AVENUE AND RANDALL AVENCE, APPROVING THE FINAL ENGINEER'S
REPORT. CREATING A'J ASSESSMENT DISTRICT.. .NO. 1048. ORDERJNG THE WORK, CONFIRMING THE
2007-2008 ASSESSMENT ROLL AND DETERMINI;\G THAT THE SPECIAL ASSESSMENT
INVESTIGA TlON, LIMIT A TlON AND MAJORJTY PROTEST ACT OF 1931 SHALL NOT APPLY.
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14 VACANT
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
held on the
day of
,20_', by the following vote,
to-wit:
AYES
NAYS
ABSTAIN
ABSENT
Council Members:
ESTR.ADA
BAXTER
15 DERR.Y
16
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this _ day of
,20_
PATRICK 1. MORRIS, Mayor
City of San Bernardino
Approved as to Form :\jL ~ \wd
11/01106
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