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Home My WebLink About33-Development Services e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION e e From: Valerie C. Ross, Director Subject: Public hearing - 4:00 p.m., and Resolution Ordering Work - Pepper Avenue and Rialto A venue Area Landscape Maintenance Assessment Districts No. 1050 (Tract No. 17076). Dept: Development Services Date: April 4, 2007 File No. 14.40-155 MCC Date: May 7, 2007 Synopsis of Previous Council Action: 5/02/06 - Tentative Parcel Map No. 17076 was approved, with conditions. 3/05/07 - Authorization was given to proceed with the formation of the Pepper A venue and Rialto A venue Area Landscape Maintenance Assessment District No.1 050, and Resolution of Intention No. 2007-76 was adopted. 4/16/07 - Public Meeting was held and item carried over to the Public Hearing on 5/07/07. Recommended Motion: 1. That the public hearing relative to the formation of the Pepper A venue and Rialto Avenue Area Landscape Maintenance Assessment District No. 1050 be closed. AND 2. Adopt resolution (4/5 vote required) tllJ ~ I fct:-yalerie C. Ross Contact person: Ryan Sandoval Phone: 5226 6 Supporting data attached: Staff Report, Maps, Reso. Ward: FUNDING REQUIREMENTS: Amount: $5,900 (Processing fee paid by applicant) Source: (Acct. No.) 254-000-2301-6041 (Acct. Description) Assessment District Deposits Finance: Council Notes: Agenda Item No. sbjn:) 3?> e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public hearing - 4:00 p.m., and Resolution Ordering Work - Pepper A venue and Rialto Avenue Area Landscape Maintenance Assessment Districts No.1 050 (Tract No. 17076). BACKGROUND: On May 2, 2006, the Planning Commission approved Tentative Tract Map No. 17076, located on the southwest comer of Pepper Avenue and Rialto Avenue. On December 22,2006, Andresen Architecture, Inc./Dynamic Investments, Inc., the developer/owner 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 along portions of the westerly side of Pepper A venue, along portions of the southerly side of Rialto A venue west of Pepper A venue, and the northerly side of that certain street referenced as "8" Court on Tentative Tract No. 17076. The developer has paid the required $5,900 formation fee. Tract Map No. 17076 consists of 14 residential lots and the annual cost of maintenance and incidentals will be spread across these 14 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 filed in the City Clerk's Office. 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 Pepper Avenue have been deemed to be of a general benefit. The general benefit portion of the annual cost of maintenance is estimated to be $711.52, and cannot 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 annual cost of maintenance, including all incidental expenses, is estimated to be $4,568.40. This amount will be spread across the 14 lots within the District and the annual mainteQance cost per unit will be $326.31. 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 March 5, 2007, Resolution ofIntention No. 2007-76 was adopted, setting a public meeting for April 16, 2007, and a public hearing for May 7, 2007, and preliminarily approving the Engineer's Report. Notice of the meeting, hearing, 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 owners, as required by law. e e e Staff Report - continued All of the ballots have been received for all lots supporting the proposed assessment. On April 16, 2007, 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 r~quire a four-fifths (4/5) affirmative vote of the council members voting thereon. FINANCIAL IMPACT: The applicant has paid the $5,900 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. Highland Ave. Base Una St. 5th SI. Orange how Rd. .. . o J{ LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1050 VICINITY MAP 'W NO SCAlE y . CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAl PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1050- Pepper Avenue and Rialto Avenue Area (Tract No. 17076) ~ Indicates un-Incorporated areas wRhin City's ~ Sphere of Influence Created by: Ryan Sandoval Date: 2/28/07 . . .. RIAL TO --+ -r--I'''''''-' - I ia ) , "- A~~~+__ ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1050 PEPPER ^ VENUE AND RlALTO AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CIIT Of SAN BERNARDINO, CQUNTY OF SAN BERNARDINO , '. j ti> __-I @ Ji ;: ~ e I' ~-_U_-J __J ~: \~ t-""~ ! __ ~ @ ~ .1. -i Ie ~ H vI j - - -t"'_n~ . I ';. i - -1 m~~1r Ul!l@.!111@1i& i . CD 'I 0~' CD : . . 7 >,' ,~ ---I I, ~ t-"~+-_S_-in_"'-i · 0 ~ CD i <9 I t~Q. --, ' i 5 j " !WQ. i ,___J_~ J ~ - - -t :~ ~--"'- r..Xl__ wr--~"""l . ""rf?' j ) ! ", ~ (7) J <f J ~ J I L,A-~~-1 " Filed in IhedllCll oflhe Cily Cl..-in lheCilyofSlm8ematdlno lhil_C1'Yof 2C 'i -1 u ~ <( RACHEL CLARK. CityClllfk.Ci!yds...hrfWlIiroo I henby ClIltII'y '* the fMp IhcIwlng hllftllll*!ll boundeI~.. b ..-.....-IOlstl'ldNo.~lnIhllCllyot8..BImanllnD. COunlyofS.,a.man:llno,_ofc.trornill._lIllllftMl(l!ly IhelMyarltl'ld C<lmmon CounaIdIhitCitydS.ne.m.rdino.. "'D'H'~ngttwa,~onlhe_d8yof 20----, lly RuDlullOn No. ,."dMI_ftledine.dllCllolthe COunly~...ofS.ns.m.nfnoCOuntyonlM_ day of 2O_ln8ock PlIge(ll of......of"-"-".nd Colmunlly FllCililltlI Oi~. RACHELc:u.RK. CilyClotrk,CityofSenBerrwnlino I R-uedintheoll\ealofIheCityEngif'lHl'lt'Os_IMIYoI ,20_, CITY ENGINEER CllyofSan 8_fllino At! _metlI_I"'<iIld by the MaVQflnd Common Council fA tte City 01 S.... e.m.n:tino on the klN, p1-.. Ind PlIfll1lsdltle landllhr;ownonthll_mem"'agtlIm. &lid__ IlIYiedonlhe_clayol .20-...i lhel-.nollltdiagr.mlnd lhe_rClU_lKOIdoIdin lhIo"'-dIhlCityEngln_ofMidCitymlhl_dIIy of 20 ~..lTIIIl!eblhl ..._t'VU~inlhl""'iiiiiC.dIhlCityEngl_1or1hl euc:tM'DllnldeKh--m!wiedllgllioa1l1l1dlpllrceld land 8I'lawn on thie ......mentdl..... RACHEL CLARK. City Clan., CitydS., Il<<ns'diroo . ~ ~C~T[)I~TIlJCT ~li'lD"'R.YS"o,yp.,T"U5' SllflBemllrdinoCounIyR~.c.rtlIcID ~ CD Tl'OrnlIlltw.8beenftltdullllerDclcunwlt Number INs dll)'aI 20__- .m)n .... of elpage allhereq...loI AAU5 O~ "'....''1lfW.t.Cf ~ 1>11.6 A55CSSl.'t'lT'Iut.'Cl:R5"1CM";TI1\!S .~- ,~ inlheemountdS el1Y OF SAN BERNARDINO OEPAATMENT OF OEVELOPMENT seRIIICES PUBUC WORKS DMSION """- 00. 12051A -~. LarryWalk.... Alldilof~ CcluntyofSanIlem........ LOCATION OF ASSESSMENT DISTRJcr 'EPPEJI. AVENUE AND RlALTOAVENUE AREA LANDSCAPE WAlHTENANC'E ASSESSMENT DlSnucr -- VICINITY MAP ~,...". '" 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 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 PEPPER AVENUE AND RIALTO AVENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1050, 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 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 costs and expenses thereof; and WHEREAS, on March 5, 2007, 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. 1050, which is on file in the office of the City Clerk, and adopted Resolution No. 2007-76 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 PEPPER AVENUE AND RIALTO 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. 1050; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC ?'La':, :3 3 ~/71()7 04/04/2007 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 RESOLUTlON...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST... PEPPER AVENUE AND RIALTO AVENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1050, 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 resolulion duly and legally was published and notice given ofa 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 $4.568.40. which sets forth the individual assessments to be levied on each of the parcels of land within Assessment District No. 1050, 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 April, 16,2007, and a Public Hearing having been held on May 7,2007, 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 27 by the assessment units assessable on the properties represented by said protests. 28 SECTION 2. That ballots having been received and considered, it is hereby determined 04/04/2007 2 I : e e e L 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... PEPPER A VENUE AND RIAL TO A VENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1050, 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. 1050, along with the work and appurtenances described in said Resolution No. 2007-76 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. 1050 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. 1050 04/04/2007 3 e e e 1 2 3 4 5 6 7 8 RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST... PEPPER AVENUE AND RIALTO AVENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1050, 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. 1050 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 9 10 11 12 13 . installation of the landscaping and appurtenances has been accepted by the City. The contract will 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 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 l5301(c). SECTION 9. Reference hereby is made to said Resolution No. 2007-76 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. 1050 be placed on the subject 2007-2008 property tax bills for collection together with all other property taxes. 04/04/2007 4 tit tit tit 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 RESOLUTlON...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY l'ROTEST... PEPPER AVENUE AND RIALTO AVENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRlCT...NO. 1050, 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 , 20_, by the following vote, to-wit: Council Members: A YES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk 21 The foregoing resolution is hereby approved this _ day of ,20_ 22 23 24 25 26 27 28 PATRICK J. MORRIS, Mayor City of San Bernardino Approved as to form: ~~I/M~ JAMES F. NMAN, City Attorney 04/04/2007 5