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Home My WebLink About28-Development Services ORIGlNAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Development Services Subject: Public hearing - 4:00 p.m., and Resolution Ordering Work - Ohio Avenue and Chestnut A venue Area Landscape Maintenance Assessment Districts No. 1049 (Tract No. 14881). From: Valerie C. Ross, Director Date: November 7,2006 File No.14.40-141 MCC Date: December 4,2006 Synopsis of Previous Council Action: 5/16/06 - Tentative Tract Map No. 14881 was approved, with conditions 10/16/06 - Authorization was given to proceed with the formation of the Ohio Avenue and Chestnut Avenue Area Landscape Maintenance Assessment District No. 1049, and Resolution of Intention No. 2006-361 was adopted. 11/20/06 - Public Meeting was held and item carried over to the Public Hearing on 12/04/06. Recommended Motion: I. That the public hearing relative to the formation of the Ohio Avenue and Chestnut Avenue Area Landscape Maintenance Assessment District No. 1049, be closed. AND 2. Adopt resolution (4/5 vote required) Vd1Aw {/."RfU- Valerie C. Ross Contact person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report, Maps, Reso. Ward: 5 FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant) Source: (AccL No.) 254-000-2301-6040 (AccL Description) Assessment District Deposits Finance: Council Notes: /1.s 0 .;l.()O (, -.Ih.3 Agenda Item No. ~ ld-jLJ jOt, e- e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public hearing - 4:00 p.m., and Resolution Ordering Work - Ohio Avenue and Chestnut Avenue Area Landscape Maintenance Assessment Districts No. 1049 (Tract No. 14881). BACKGROUND: On May 16, 2006, the Plarming Commission approved Tentative Tract Map No. 14881, located to the north of Ohio Avenue and west of Chestnut Avenue. On July 31, 2006, Sant Development, the developer 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 within slopes along portions of the northerly side of Ohio Avenue and within slopes along portions of the westerly side of Chestnut Avenue, and also including a drainage charmel north of Tentative Tract 14881. The developer has paid the required $4,000 formation fee. Tract No. 14881 consists of 15 single-family lots. The armual cost of maintenance and incidentals will be spread across these 15 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 drainage charmel, and is filed in the City Clerk's Office. The drainage channel will be removed when the property to the north of the channel is developed. 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, portions of the landscaping along Ohio A venue has been deemed to be of a general benefit. The general benefit portion of the armual cost of maintenance is estimated to be $232.84, and carmot 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 armual cost of maintenance, including all incidental expenses, is estimated to be $7,185.15. This amount will be spread across the 15 units within the District and the armual maintenance cost per unit will be $479.01. The Engineer's Report allows for armual increases of CP1 (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 16, 2006, Resolution of Intention No. 2006-361 was adopted, preliminarily approving the Engineer's Report and setting a public meeting for November 20, 2006 and a public hearing for December 4,2006. Notice of the meeting and assessment ballots were mailed to the owner of record. 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 Staff Report - continued e - owners, as required by law. All of the ballots have been received for all lots supporting the proposed assessment. On November 20, 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 of the ballots have been received for all lots supporting the proposed assessment. 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. 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: The 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. e RECOMMENDATION: Staff recommends that the public hearing be closed and the attached resolution be adopted. e LOCATION OF PROPOSED ASSESSMENT DISTRICT NO. 1049 Bo. se Line St. ~ d d < ~ ~ ~ " " ... i;; d 9th St C 0. 5th St. Rio.l to. Av . " > > <t " 0. C d U " "- "- ;:: Mill St. Show " . . o VICINITY MAP No Scole CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1049 - Ohio Avenue and Chestnut Avenue Area (Tract No. 14881) indico.tes em-incorporated ~ areas within City's Sphere of Influence Created by: Ryan Sandoval Date: 8/31/06 e- e e , i . ] e ~ ~II t,;! i 0'11 , -,.". ~ ~I I _;E~ ~H 'l!~' ;1 '", ~ "E"oo l"'.!!=j' i.x.I'(j~~ d. .... h I~=' ::Ii.!!.. .... 01" 1!~'6 ~o 1 c i,h.l~"lll HI'E. .. -~ i! "'!!Ul -g ~;I ~'. I'" ',., I Ii.. 'lib ~ .so 'E1Il~ -Z e~5 I~!ll, 'II -'!'I' ,., I~.-,.~ 'h <: II ~'i~ lo: D.!! .C6.!!_ , . ! . " ". ~~ 0< w. xu ~S ~ ~ 1 ] E ~ ! 'I ~. rl ~l Co " p . I ~ I ~~ Lt"i' ~rllf i~ lS'S ~ ~ I .~~l ,_. illl i~...~.E i~~ s.!m'ls I~~~'S-~ ~"6 ~5 'I" Ii l'~',;.. !cJ.. 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UZz OD:w z<:;; <Uoo ",oo~ ",,", z~~ "'~< > < <UJ g" :t< o e- e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. 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 OHIO A VENUE AND CHESTNUT AVENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1049, 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 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 16 assessed will be able to carry the burden of the proposed assessments to pay the costs and expenses 17 thereof; and 18 WHEREAS, on October 16, 2006, the Mayor and Common Council of the City of San 19 Bernardino preliminarily approved the Engineer's Report relative to the formation of Assessment 20 21 22 23 24 25 26 27 28 District No. 1049, which is on file in the office of the City Clerk, and adopted Resolution No. 2006-361 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 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. 1049; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC 11106/2006 I 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...OmO AVENUE AND CHESTNUT AVENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DlSTRICT...NO. 1049, 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. 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 $7.185.15. which sets forth the individual assessments to be levied on each ofthe parcels ofland within Assessment District No. 1049, for the fiscal year 2007-2008, as set forth in the Engineer's Report, as now submitted, on file in the office ofthe 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 20, 2006, and a Public Hearing having been held on December 4, 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 11/06/06 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 RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST...OHIO AVENUE AND CHESTNUT A VENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO.I049, 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. 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. 1049, along with the work and appurtenances described in said Resolution No. 2006-361 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. 1049 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 ~o. 1049 11/06/06 3 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...OHIO AVENUE AND CHESTNUT AVENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1049, 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. are correctly set forth on Assessment Roll No. 1049 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. 2006-361 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. 1049 be placed on the subject 2007-2008 property tax bills for collection together with all other property taxes. 11106/06 4 e e e 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST...OHIO AVENUE AND CHESTNUT AVENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1049, 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. 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 Council Members: AYES ESTRADA 11 BAXTER 12 13 14 BRINKER DERRY KELLEY JOHNSON MCCAMMACK , 20_, by the following vote, to-wit: NAYS ABSTAIN ABSENT City Clerk The foregoing resolution is hereby approved this _ day of Approved as to form: 11/06/06 ,20_ PATRICK J. MORRIS, Mayor City of San Bernardino 5