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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Public hearing, 4:00 p.m., and
Resolution approving formation of a
Landscape Maintenance Assessment District in
the Belmont A venue and vacated Chestnut
Avenue area (AD 1052 -Tract No. 16795).
Dept: Development Services
Date: January 10,2007
File No. 14.40-140
Synopsis of Previous Council Action:
11/03/04 - Tentative Tract Map No. 16795 was approved, with conditions.
01109/06 - Tract No. 16795 was approved.
12/18/06 - Authorization to proceed and Resolution ofIntention No. 2006-435 was adopted
relative to the formation of Landscape Maintenance Assessment District No. 1052.
01122/07 - Public meeting was held and matter carried over to the public hearing on February 5,
2007.
. MCC Date: 02-05-2007
Recommended Motion:
I. That the public hearing relative to the formation of the Belmont Avenue and vacated
Chestnut Avenue area Landscape Maintenance Assessment District No. 1052 be closed;
AND
tit 2. Adopt Resolution
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Valerie C. Ross
Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Maps, Res. Ward:
FUNDING REQUIREMENTS: AmOiJnt: $4,000 (Processing fees paid by applicant)
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Source: (Acct. No.) 254-000-2301-6045
(Acct. Description) Assessment District Deposits
Finance:
Council Notes:
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Agenda Item No.
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tit CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public hearing, 4:00 p.m., and Resolution approving formation of a Landscape Maintenance
Assessment District in the Belmont Avenue and vacated Chestnut Avenue area (AD 1052 -Tract
No. 16795).
BACKGROUND:
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On November 3, 2004, the Planning Commission approved Tentative Tract Map No. 16795,
located between Belmont Avenue and Ohio Avenue, west of vacated Chestnut Avenue. The final
tract map was approved on January 9,2006. On September 28,2006, GFR Enterprises, Inc., 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
southerly side of Ohio Avenue, the northerly side of Belmont Avenue, the westerly side of Ofelia
Drive, between Belmont Avenue and Landon Court, and the trail system and appurtenant
landscaping located along vacated Chestnut Avenue. The developer has paid the required $4,000
formation fee.
Tract No. 16795 consists of 54 single-family lots. The annual cost of maintenance and
incidentals will be spread across these 54 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, portions
of the landscaping along both Belmont A venue, Ohio A venue and the trail system has been
deemed to be of a general benefit. Ofelia Drive is a local street and has no general benefit
attributed to it. The general benefit portion of the annual cost of maintenance is estimated to be
$2,255.59, and cannot be assessed to the District. This amount will need to be paid from the
general fund or other non-District funding source. The special benefit portion of the annual cost
of maintenance, including all incidental expenses, is estimated to be $23,554.26. This amount
will be spread across the 54 lots within the District and the annual maintenance cost per lot will
be $436. I 9. 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.
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On December 18, 2006, Resolution of Intention No. 2006-435 was approved, setting a public
meeting for January 22, 2007, and a public hearing for February 5, 2007 and preliminarily
approved the Engineer's Report. All property owners of record were given mailed notice of the
meeting and hearing, along with an assessment ballot. Approval of this District is subject to an
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proposed District boundary. Ballots are weighted proportionally to the amount of the proposed
assessment for each parcel. At the time of the initial mailing of the notices and ballots, none of
the 54 lots had been sold and closed. However, since that time, 4 of the lots have sold and closed.
Notices and ballots were sent to these property owners, as well as any subsequent owners that
may have closed prior to the hearing. Future property owners of the unsold lots will purchase the
units 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.
On January 22, 2007, a public meeting was held relative to the formation of the proposed District
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 IMP ACT:
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, except the general benefit portion, estimated to be $2,255.59, 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.
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LOCA TlON OF
PROPOSED ASSESSMENT
DISTRICT NO. 1052
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1052 -
Belmont Avenue and Chestnut
Avenue Area (Tr. 16795)
~ indicates un-incorporated areas
~ within City's Sphere of Influence
Date: ,/10/0
Created by:
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ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1052
BELMONT A VENUE AND CHESTNUT A VENUE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
OHIO AVENUE
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't BELMONT AVENUE
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBUC WORKS DIVISION
lOC,\TJONOF
ASSESSMENT DISTRICf
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REGISTEREOCIVllli:NGINEER~~
ORAWN8Y
CHECJ{EOBY
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DRAWING NO. 11959A
Sheet --1..- of----1....-
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Fil-' in the ofIiceolIlleCItyCJerll:inlheCityofSan8emardino
lhis_dayof 20_"
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RACHEL CLARK.
City elen", City d San Bemardino
I t1ereby cel'lifythat the map showing the proposed boundaries for
AssessmenlOiSlriclNo,j,Qgjnthe Cily01 San Bemardino.
County of San Bernardino. Stale of California. was approved by
the Mayor and Common Council of the City of San Bemardino at a
reguiarmeetingthereof,heklonlhe_dayof
.20-,byResolutionNo.
,and has been filed in Ihe oft'ice 01 the
Counly Recorder of San Bemardino Counlyonlhe_day
of ,20 inBook
pagels} of Maps 01 ASSeSsment and Communlly
Facili~es DillMcts
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RACHEL ClARK,
CilyClerk,CilyofSanBemardino
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R..eordedintheofflceoltheCllyEngineerlhOs~dayof
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RACHEL ClARK,
City Clerk, City of San Bernardino
CITY ENGINEER
City 01 San Bernardino
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An assessment was ievied by the Mayor and Common Council of
theCilyofSan8emardinoontt\elols,pieces.and~n::eIsoflhe
land shown on this assessment diagram. Said assessment was
leviedontt\e_dayol ,20~
the assessment diallnlm and the asaasamentrollwere~in
the otf'ce 01 the City EnglneerofuidCilyontt\e_day
01 , 20 Reference is made 10 the
assessmenlrollre<:ordedinllieOfflceoflheCilyEngineerforlhe
exacl amounl 01 each assessment levied against each parcel of
land soownon this nsessmentdiagram
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San Bemardino Counly Recorder's Certiflcale
This map has been filed underOoeument
Number IIlis
<layd 2O__a1__mln
Boolt of
alPa:;;e- .altl>erequealof
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mtheamountof$
VICINITY MAP
Larry Walker
A(J(jitor-ConlrollerlReoorder
County of San 8emardino
LEGEND:
ASSESSMENT DISTRICT BOUNDARY: _
AREA OF LANDSCAPE MAINTENANCE:
AREA OF TRAIL MAINTENANCE: 1i1.....~~5.::r..1...r~
ASSESSMENT NUMBERS: 0 Nil ASSESSED:
By:
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Deputy Recorder
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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 AREA OF BELMONT A VENUE AND V ACA TED CHESTNUT
A VENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN
ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN
AS ASSESSMENT DISTRICT NO. 1052, ORDERING THE WORK, CONFIRMING THE
2007-2008 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL
ASSESSMENT INVESTIGATION, LIMIT A TlON 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,
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 eosts and expenses
thereof; and
WHEREAS, on December 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.1 052, which is on file in the office of the City Clerk, and adopted Resolution No.
2006-435 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 BELMONT AVENUE AND VACATED 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. 1052; PRELIMINARILY
01!l 0/2007
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RESOLUTlON...F1NDlNG AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST...BELMONT AVENUE AND VACATED CHESTNUT AVENUE, APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1052, ORDERING THE WORK,
CONFIRMING THE 2007-2008 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL
ASSESSMENT INVESTIGATION, LIMIT A TlON AND MAJORJTY PROTEST ACT OF 1931 SHALL NOT
APPLY. .
APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC
MEETING AND PUBLIC HEARING."
which said resolution was duly and legally published and notice given ofa Public Meeting and a
Public Hearing in the manner required by law; and pursuant to Section 4 of Article XmD 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 $23,554.26, which sets forth
the individual assessments to be levied on each of the parcels of land within Assessment District
No. 1052, 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 January 22, 2007, and a Public
Hearing having been held on February 5, 2007, the Mayor and Common Council, having heard
and considered any and all comments received thereon and being fully advised in 1he 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.
01110/07
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RESOLUTlON...FINDlNG AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST...BELMONT AVENUE AND VACATED CHESTNUT AVENUE, APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT D1STRICT...NO. 1052, 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.
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
improveme~t 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. 1052 along with the
work and appurtenances described in said Resolution No. 2006-435 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. 1052, 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.
01/10107
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RESOLUTlON...FINDI:-IG AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST...BELMONT AVENUE AND VACATED CHESTNUT AVENUE, APPROVING THE FINAL
ENGINEER'S REPORT, CREA TING AN ASSESSMENT DISTRICT...NO. 1052, 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.
SECTION 6. That the Mayor and Common Council do hereby find and determine that the
proportionate costs to be leyied against the parcels of land within Assessment District No. 1052,
are correctly set forth on Assessment Roll No. 1052, 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 Enyironmental Quality Act (CEQA),
pursuant to Class I, Section 15301(c).
SECTION 9. Reference hereby is made to said Resolution No. 2006-435 and said
Engineer's Report for a description of the work, the extent of the assessment district, the financing
alternatiyes 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 indiyidual assessments as shown on Assessment Roll No.1 052, be placed on the
01110/07
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RESOLUTlON...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST...BELMONT AVENUE AND VACATED CHESTNUT AVENUE, APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1052, 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.
subjecI 2007-2008 property lax bills for collection together with all other property taxes.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a
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9 held on the
day of
Council Members:
AYES
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
meeting thereof
,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 :
01110/07
,20_
PATRlCK J. MORRlS, Mayor
City of San Bernardino
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