Loading...
HomeMy WebLinkAbout29-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Dept: Development servili,;:" "1 L ~'.Ir.."..i Date: October 17, 2002 Subject: Public Hearing - 4:00 p.m., proposed formation of the Ohio and Walnut Landscape Maintenance Assessment District No. 1028 (Tract No. 14193) and Resolution ordering Work and establishing assessment district. File No.14.40-117 MCC Date: 10-21-2002 Synopsis of Previous Council Action: 10-01-2001 -- Tract No. 14193 was approved. 04-15-2002 - Authorization to proceed with the formation of a landscape maintenance assessment district in the Ohio and Walnut area was given. 07-15-2002 - Resolution of Intention No. 2002-231 was adopted. 08-19-2002 - Public Meeting was opened and continued to September 9, 2002. 09-09-2002 - Public Meeting continued to September 23, 2002. 09-26-2002 - Public Meeting was closed and matter carried forward to the Public Hearing on October 7, 2002. 10-07-2002 - Public Hearint! was continued to Octoher 21.2002 Recommended Motion: I. That the Public Hearing relative to the formation of Assessment District No. 1028 be closed. AND 2. Adopt Resolution '#~A/~//r James Funk Contact person: LASZLO "Les" FOGASSY Phone: 5026 Supporting data attached: Staff Report, Maps, Ward: 5'1 Resolution FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant) and $ 95 (General Benefit portion of costs) Source: (Acct. No.)254-000-2301-6015 (AD Deposits) 001-182-5506-0000 (Landscape Maintenance (Acct. Description) contracts) Finance: Council Notes: \Le"::>o ~"'2ro"Z....'"3,3'l Agenda Item No. J..q /0 /d-/ /fJ;r CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing - 4:00 p.m., proposed formation of the Ohio and Walnut Landscape Maintenance Assessment District No. 1028 (Tract No. 14193) and Resolution Ordering Work and establishing assessment district. BACKGROUND: On October I, 2001, Tract No. 14193, located at the southwest comer of Ohio Avenue and Walnut Avenue, was approved. One of the conditions of approval is the formation of an assessment district for the maintenance of landscaping along portions of the perimeter streets of the tract and along a portion of Meyers Road, within the boundary of the tract. This is being done to assign and make responsible for the costs of maintaining the landscaping, the properties most benefiting from the landscape area and to prevent blight since property owners usually do not maintain the areas beyond perimeter block walls of a tract. A letter requesting the formation of the district was received from the developer, Covenant Development, Inc., representing the property owner, along with the processing fee of $4,000. Tract No. 14193 consists of 76 single family lots. The annual cost of maintenance, which is estimated to be $10,894.60, including incidental and administrative costs, will be spread across these 76 lots. The annual assessment per lot is estimated to be $143.35. All potential buyers will be given a disclosure statement of the assessment by the developer. The Engineer's Report, which gives details regarding the district boundaries, proposed maintenance, method of assessment, total cost of maintenance and a proposed assessment roll is on file in the office of the City Clerk. On July 15,2002, Resolution No. 2002-231 was adopted, preliminarily approving the Engineer's Report and setting a Public Meeting date of August 19, 2002 and a Public Hearing date of September 9, 2002. All property owners of record were given a mailed notice along with an Assessment Ballot as required by Proposition 218 and the Resolution of Intention was published in the Sun newspaper, as required by law. On August 19, 2002, a public meeting was opened and continued to September 9, 2002. The purpose of the continuance was to allow discussion of the proposal to include the maintenance of the crib wall located along the southerly perimeter of the tract, into the assessment district. In the event it is decided that the maintenance of the crib wall is to be included in the district, the Engineer's Report would need to be modified and a new public meeting and hearing would need to be scheduled. Additionally, new assessment ballots will have to be mailed to all of the current owners within the tract. Staff Reoort - Continued On September 9, 2002, the public meeting was continued again to September 23, 2002 and the public hearing was rescheduled to October 7,2002. On September 23,2002, the public meeting was closed and the matter was carried forward to the public hearing on October 7, 2002. The public hearing was continued to October 21,2002. The proposal to include the crib wall maintenance into the district was due to concerns that were voiced by some of the property owners to the south of the tract (and directly adjacent to the crib wall), including the aesthetics of the wall and the method of construction used by the developer of the tract. After meeting with property owners, staff is recommending that the crib wall maintenance not be included in the assessment district. FINANCIAL IMPACT: Applicant has paid the $4,000 processing fee and all subsequent work carried out in the district will be assessed back to property owners. As stated in the Engineer's Report, approximately $95 is determined to represent the General Benefit portion of the maintenance costs and will need to be paid from the General Fund. RECOMMENDATION: Staff recommends that the public hearing be closed and resolution be adopted. Location of Proposed Assessment District No. 1028 No Scale 5th St. Mill St. ~ o c o u ~ a. Oron e Show Rd. ~ .. , o VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DIVISION PROPOSED ASSESSMENT DISTRICT NO. 1028 - OHIO AVENUE AND WALNUT AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Created by: LAs~ I1rfM'Y Date: / ~ indicates un-incorporated areas ~ within City's Sphere of Influence t<:l .~ S <S .~ - t<:l U "'" QO 0 ("0.1 ~ <= ..... ..... r/1 ~ . ~~ ~~ ;:$U ~;! ~~ ~8 ~~ oo.~ ~~ 00.00. <~ 00. 00. < 0" !:: ] S Q) o:l !a r/1 "'" o ~ o U 0" !:: ;; .... t<:l S Q) o:l !a r/1 "'" o ~ U Q) i3 !:: .~ i jIh .n Ii !I lhi)~~l~ o " 0.11') r i fh! 1011'01, i 11 u ~!t~iJ'l 8. 8~ 5 ~~ '5l J! . III :I 4> ~.!,ll ~1 iljij i Ii ~1 t ~S 11:1. ~ il ~S I h ~5 _ d! 8..~ ~5 ! jil'oljtltii iii L!h lh Will u, to H ;: I~' '"~; I HI"F"1 I !:.1~5 i!. I~ 5. iJ ~'E 5 : ,j,1> 'Ii o 5.Hi!. 5 uhu ,II , . I t l .@ :@o . . .@ .~ II . - . -. .@ .@ II " :! " -. .@ :@~ II . -. ,00: II , w =~ = > ~ <( . c , z ::> o lD I- o ii2 I- III . 2i , I- Z W . ::E , III III . W , III III <( :@. o <( 0: S! 'f (f).@ "', . ~ . w.""' ~ ,,"CJ. -. .@ , " .1,:;\ ,'0_ :eN :8- .... .. ...... .. ... .. 3nN3AV-3AIlO 1 ( i : H ~S ~5 ",I- o ~ ~S z:> V1Cfl ~ ~ 0...... ~~~j~ 1ii ~ ~ ~~ r-:I....l V'J ~CIl ~ ~ i:! l-iJJ < c ~ ~< {/) lj:S:! ~u.1 ~~~~~ i: ~ ~ ~ffi _ et:: <f-o u;:: oiS ~ ::2< 0::;; ~ ~I ~ ~ i a ; m ~ ~ ~ m..~ ~ I H~~ -I o.clS z~ I z!2- :5i:t!jj o.....~ ~ I I I @ in ::> iE z ;: o it.i ~ ::> iE i!? z z w ;: " ~ en ~ '" ::> W >-~~ !li z "" c~:::! Z 0 z ::> J: 0'" O>W >- u ne ~~u; o z ::> >-<iE z"z ~ c ~ ~~~ wO", rn ~ U) ::10:>- co..ffi ~ ~ ~ 0", '" l5 ~ lli 0: 0: '" "-",,",, CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director r ! Dept: Development SetWoes. ',. . . '.L Subject: Public Hearing - 4:00 p.m., proposed formation of the Ohio and Walnut Landscape Maintenance Assessment District No. 1028 (Tract No. 14193). File No.14.40-117 MCC Date: 10-07-2002 Date: October 2, 2002 Synopsis of Previous Council Action: 10-01-2001 -- Tract No. 14193 was approved. 04-15-2002 - Authorization to proceed with the formation of a landscape maintenance assessment district in the Ohio and Walnut area was given. 07-15-2002 - Resolution of Intention No. 2002-231 was adopted. 08-19-2002 - Public Meeting was opened and continued to September 9, 2002. 09-09-2002 - Public Meeting continued to September 23, 2002. 09-26-2002 - Public Meeting was closed and matter carried forward to the Public Hearing on October 7, 2002. Recommended Motion: That the Public Hearing relative to the formation of Assessment District No. 1028 be continued to October 21, 2002. ~~ v James Funk Contact person: LASZLO "Les" FOGASSY Phone: 5026 Supporting data attached: Staff Report, Maps, Resolution FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant) and $ 95 (General Benefit portion of costs) Source: (Acct. No.)254-000-2301-6015 (AD Deposits) 001-182-5506-0000 (Landscape Maintenance (Acct. Description) contracts) Ward: 5 Finance: Council Notes: Agenda Item No. ~fJ IlJ/1/D~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing - 4:00 p.m., proposed formation of the Ohio and Walnut Landscape Maintenance Assessment District No. 1028 (Tract No. 14193). BACKGROUND: On October 1, 2001, Tract No. 14193, located at the southwest corner of Ohio Avenue and Walnut Avenue, was approved. One of the conditions of approval is the formation of an assessment district for the maintenance of landscaping along portions of the perimeter streets of the tract and along a portion of Meyers Road, within the boundary of the tract. This is being done to assign and make responsible for the costs of maintaining the landscaping, the properties most benefiting from the landscape area and to prevent blight since property owners usually do not maintain the areas beyond perimeter block walls of a tract. A letter requesting the formation of the district was received from the developer, Covenant Development, Inc., representing the property owner, along with the processing fee of $4,000. Tract No. 14193 consists of 76 single family lots. The annual cost of maintenance, which is estimated to be $10,894.60, including incidental and administrative costs, will be spread across these 76 lots. The annual assessment per lot is estimated to be $143.35. All potential buyers will be given a disclosure statement ofthe assessment by the developer. The Engineer's Report, which gives details regarding the district boundaries, proposed maintenance, method of assessment, total cost of maintenance and a proposed assessment roll is on file in the office of the City Clerk. On July 15,2002, Resolution No. 2002-231 was adopted, preliminarily approving the Engineer's Report and setting a Public Meeting date of August 19, 2002 and a Public Hearing date of September 9, 2002. All property owners of record were given a mailed notice along with an Assessment Ballot as required by Proposition 218 and the Resolution of Intention was published in the Sun newspaper, as required by law. On August 19, 2002, a public meeting was opened and continued to September 9,2002. The purpose of the continuance was to allow discussion of the proposal to include the maintenance of the crib wall located along the southerly perimeter of the tract, into the assessment district. In the event it is decided that the maintenance of the crib wall is to be included in the district, the Engineer's Report will need to be modified and a new public meeting and hearing will need to be scheduled. Additionally, new assessment ballots will have to be mailed to all of the current owners within the tract. Staff Report - Continued On September 9, 2002, the public meeting was continued again to September 23, 2002 and the public hearing was rescheduled to October 7,2002. On September 23, 2002, the public meeting was closed and the matter was carried forward to the public hearing. The proposal to include the crib wall maintenance into the district was due to concerns that were voiced by some of the property owners to the south of the tract (and directly adjacent to the crib wall), including the aesthetics of the wall and the method of construction used by the developer of the tract. On October 8, 2002, staffis scheduled to meet with the property owners south of the tract and crib wall, to discuss to possibility of placing the crib wall maintenance into the assessment district. Staff will make a recommendation regarding this issue at a subsequent Council meeting, after meeting with property owners. FINANCIAL IMPACT: Applicant has paid the $4,000 processing fee and all subsequent work carried out in the district will be assessed back to property owners. As stated in the Engineer's Report, approximately $95 is determined to represent the General Benefit portion of the maintenance costs and will need to be paid from the General Fund. RECOMMENDATION: Staff recommends that the public hearing be continued to October 21, 2002. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Dept: Development serviceL . . . . . , 1 '~, ~ a... Subject: Public Hearing - 4:00 p.m., proposed formation of the Ohio and Walnut Landscape Maintenance Assessment District No.1 028 (Tract No. 14193) and Resolution Ordering Work. File No.14.40-1l7 MCC Date: 10-07-2002 Date: September 26, 2002 Synopsis of Previous Council Action: 10-01-2001 -- Tract No. 14193 was approved. 04-15-2002 - Authorization to proceed with the formation of a landscape maintenance assessment district in the Ohio and Walnut area was given. 07-15-2002 - Resolution of Intention No. 2002-231 was adopted. 08-19-2002 - Public Meeting was opened and continued to September 9, 2002 09-09-2002 - Public Meeting continued to September 23, 2002 09-3-2002 - Public Meeting was closed and matter carried forward to the Public Hearing on October 7, 2002. Recommended Motion: 1. That the Public Hearing relative to the formation of Assessment District No. 1028 be closed. AND 2. Adopt Resolution ~J~ Contact person: LASZLO "Les" FOGASSY Phone: 5026 Supporting data attached: StaffR~port, Maps, ResolutIOn FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant) and $ 95 (General Benefit portion of costs) Source: (Acct. No.)254-000-2301-6015 (AD Deposits) 001-182-5506-0000 (Landscape Mamtenance (Acct. Description) contracts) Ward: 5 Finance: Council Notes: Agenda Item No. alp lohlo,. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing - 4:00 p.m., proposed formation of the Ohio and Walnut Landscape Maintenance Assessment DistrictNo. 1028 (Tract No. 14193) and Resolution Ordering Work. BACKGROUND: On October 1, 2001, Tract No. 14193, located at the southwest comer of Ohio Avenue and Walnut Avenue, was approved. One of the conditions of approval is the formation of an assessment district for the maintenance of landscaping along portions of the perimeter streets of the tract and along a portion of Meyers Road, within the boundary ofthe tract. This is being done to assign and make responsible for the costs of maintaining the landscaping, the properties most benefiting from the landscape area and to prevent blight since property owners usually do not maintain the areas beyond perimeter block walls of a tract. A letter requesting the formation of the district was received from the developer, Covenant Development, Inc., representing the property owner, along with the processing fee of $4,000. Tract No. 14193 consists of 76 single family lots. The annual cost of maintenance, which is estimated to be $10,894.60, including incidental and administrative costs, will be spread across these 76 lots. The annual assessment per lot is estimated to be $143.35. All potential buyers will be given a disclosure statement of the assessment by the developer. The Engineer's Report, which gives details regarding the district boundaries, proposed maintenance, method of assessment, total cost of maintenance and a proposed assessment roll is on file in the office of the City Clerk. On July 15, 2002, Resolution No. 2002-231 was adopted, preliminarily approving the Engineer's Report and setting a Public Meeting date of August 19, 2002 and a Public Hearing date of September 9, 2002. All property owners of record were given a mailed notice along with an Assessment Ballot as required by Proposition 218 and the Resolution of Intention was published in the Sun newspaper, as required by law. On August 19, 2002, a public meeting was opened and continued to September 9, 2002. The purpose of the continuance was to allow discussion of the proposal to include the maintenance of the crib wall located along the southerly perimeter of the tract, into the assessment district. In the event it is decided that the maintenance of the crib wall is to be included in the district, the Engineer's Report will need to be modified and a new public meeting and hearing will need to be scheduled. Additionally, new assessment ballots will have to be mailed to all of the current owners within the tract. The proposal to include the crib wall maintenance into the district was due to concerns that were voiced by some of the property owners to the south of the tract (and directly adjacent to the crib Staff Report - Continued wall), including the aesthetics of the wall and the method of construction used by the developer of the tract. After reviewing the matter, it is staff's opinion that the maintenance of the crib wall should not be included in the assessment district and other remedies will need to be sought to resolve the issues. On September 9,2002, the public meeting was continued again to September 23, 2002 and the public hearing was rescheduled to October 7,2002. On September 23, 2002, the public meeting was closed and the matter was carried forward to the public hearing. The attached resolution approves the formation of the assessment district for landscape maintenance purposes only. FINANCIAL IMPACT: Applicant has paid the $4,000 processing fee and all subsequent work carried out in the district will be assessed back to property owners. As stated in the Engineer's Report, approximately $95 is determined to represent the General Benefit portion of the maintenance costs and will need to be paid from the General Fund. RECOMMENDATION: Staff recommends that the public hearing be closed and the resolution forming the assessment district be adopted. Location of Proposed Assessment District No. 1028 00A. No Scale 5th St. Mill St. ~ o c o () " Q. Oran e Show Rd. ~ .. . . o VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DIVISION PROPOSED ASSESSMENT DISTRICT NO. 1028 - OHIO AVENUE AND WALNUT AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Created by: j, ,.-, fASf. Date: ~ indicates un-incorporated areas ~ within City's Sphere of Influence I .tiKi zi . ii~~n;H Ifd HilI , I L lmlll':;~ hi ':!si &1 Pl'"1 . ~IJ liu :' !S!m'"]I!' II t;! 5i'lJ , I w~ Id~,I. !' .hi! . I ~l'l 0 'i~lJC "l! I It 0 filli!,I;11 I 0 i~'5ZZ ~1II :i : : E ..0 Ii i '5 . " m :.a'l j m i ~I I), lIB !1, m i' ~8 t~ilI j I ~& : ~8 ; I . ~m WiU jH ~~ 11m f ..1 ~~ I w, .~ ~! ~s _ d S. l~ ~s 55 uIlu h h ~ .- S ..s l .- - ~ U ""' QO 0 .@ :@o . ("01 <l.l . = 1;; . ..... . ~@ :@,. ...-i V) . . ~ . 0 .. ~~ \:l <@ ~ .@. . .- o - 0 ~ .@ .. .@- . ~E-- 5 o - 0 .. ~u IJ:l .@. . - ~~ a . E--~ V) . >- ""' 0:: 0 :@. . ~ z~ ~ 0 z ::> ~~ . 0 III ~E-- 0 0 0 .... U ..: () ooZ o' . ii: R o - o' ~ .... oo~ @ III ~~ \:l 0:: :@. . c .- "d ~ ~ . 0 .... 0000 ~ w z ~ :\ID. w 0000 S . :I! .. 0 -<~ .. III <l.l .@ III IJ:l . w 00 o . . III a III 00 . . ..: -< V) ""' 0 ;>, :@w ..... .- U <l.l -3NV1~NMOlsnNnOA <9 \:l .- ~ ",f-< ~ !::u o ~ u~ as ffi ~ f!a ~~~j~ zh <'" =: :5 Q :tl ~ ~...l r.n <"" = g: ~ ~B5 ~~~~~ CI') u. U ~J.t.l [;~~~~ i:~~~Z -::! ~I:! v ~ o2S ~ ....< 6::. .... ... ...... .. ... .. 3nN3A\f-3AI10 l( .1 ~ . I !ii C ~ ~ ~ ~ . . ~ ~ Ii ;; ;; i i I ~ ! . 0 -I Oc(ll. z.... 01 ~g~ ..~~ ~ I I e in I => F z ~ in :r '" => ~ :r >- z z w ;: " ~ iri ~ '" => w >- F '" ~z:fl c:1:::::! z 0 z => :r 0'" '" w >- 0 !,ui8 " z ti l1J.. ->-'" oz=> 1-<:1: z,,>- Woz "w;: '" '" 0 '" o:r w .. '" "'0", :fI" >- o Q... a1 w u." ",0", o~", .. W o '" If ~ ~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director ~. I Dept: Development Services l.,. '" . ' . Subject: Public Meeting - 4:00 p.m., I proposed formation of the Ohio and ,~ Walnut Landscape Maintenance Assessment District No. 1028 (Tract No. 14191), File No.14.40-117 MCC Date: 09-23-2002 Date: September 20, 2002 Synopsis of Previous Council Action: 10-01-2001 -- Tract No. 14193 was approved. 04-15-2002 - Authorization to proceed with the formation of a landscape maintenance assessment district in the Ohio and Walnut area was given. 07-15-2002 - Resolution of Intention No. 2002-231 was adopted. 08-19-2002 - Public Meeting was opened and continued to September 9, 2002. 09-09-2002 - Public Meeting was continued to September 23, 2002 and Public Hearing was rescheduled to October 7. 2002. Recommended Motion: That the public meeting relative to the formation of Assessment District No. 1028 be closed and protests, if any, be carried over to the Public Hearing on October 7, 2002 Contact person: LASZLO "Les" FOGASSY J~~ ~~/~JP U James unk Phone: 5026 Supporting data attached: Staff Report, Maps, Resolution FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant) and $ 95 (General Benefit portion of costs) Source: (Acct. No.)254-000-2301-6015 (AD Deposits) 001-182-5506-0000 (Landscape Maintenance (Acct. Description) contracts) Ward: 5 Finance: Council Notes: Agenda Item No. 9 /;l3 iDd-' ~a., I CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Dire<;j;or , I Dept: Development Servic~ . . . I , " . . 'w Subject: Public Hearing - 4:00 p.m., proposed formation of the Ohio and Walnut Landscape Maintenance Assessment District No. 1028 (Tract No. 14191t File No.14.40-117 MCC Date: 09-09-2002 Date: August 22, 2002 Synopsis of Previous Council Action: 10-01-2001-- Tract No. 14193 was approved. 04-15-2002 - Authorization to proceed with the formation of a landscape maintenance assessment district in the Ohio and Walnut area was given. 07-15-2002 - Resolution of Intention No. 2002-231 was adopted. 08-19-2002 - Public Meeting was opened and continued to September 9, 2002. Recommended Motion: 1. That the public meeting relative to the formation of Assessment District No. 1028 be continued to September 23, 2002. AND 2. That the Public Hearing relative to the formation of Asses~nt District No. 1028 be rescheduled to October 7, 2002. I~V ~ L TF . James Funk ~ r Contact person: LASZLO "Les" FOGASSY Phone: 5026 Supporting data attached: Staff Report, Maps, Resolution FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant) and $ 95 (General Benefit portion of costs) Source: (Acct. No.)254-000-2301-6015 (AD Deposits) 001-182-5506-0000 (Landscape Maintenance (Acct. Description) contracts) Ward: 5 Finance: Council Notes: Agenda Item No. :2'-/ ~ J~ '=,/q,/O?- I CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing - 4:00 p.m., proposed formation of the Ohio and Walnut Landscape Maintenance Assessment District No. 1028 (Tract No. 14193). BACKGROUND: On October 1, 2001, Tract No. 14193, located at the southwest comer of Ohio Avenue and Walnut Avenue, was approved. One of the conditions of approval is the formation of an assessment district for the maintenance of landscaping along portions of the perimeter streets of the tract and along a portion of Meyers Road, within the boundary ofthe tract. This is being done to assign and make responsible for the costs of maintaining the landscaping, the properties most benefiting from the landscape area and to prevent blight since property owners usually do not maintain the areas beyond perimeter block walls of a tract. A letter requesting the formation of the district was received from the developer, Covenant Development, Inc., representing the property owner, along with the processing fee of $4,000. Tract No. 14193 consists of76 single family lots. The annual cost of maintenance, which is estimated to be $10,894.60, including incidental and administrative costs, will be spread across these 76 lots. The annual assessment per lot is estimated to be $143.35. All potential buyers will be given a disclosure statement of the assessment by the developer. The Engineer's Report, which gives details regarding the district boundaries, proposed maintenance, method of assessment, total cost of maintenance and a proposed assessment roll is on file in the office of the City Clerk. On July 15,2002, Resolution No. 2002-231 was adopted, preliminarily approving the Engineer's Report and setting a Public Meeting date of August 19, 2002 and a Public Hearing date of September 9, 2002. All property owners of record were given a mailed notice along with an Assessment Ballot as required by proposition 218 and the Resolution of Intention was published in the Sun newspaper, as required by law. On August 19, 2002, a public meeting was opened and continued to September 9, 2002. The purpose of the continuance was to allow discussion of the proposal to include the maintenance of the crib wall located along the southerly perimeter of the tract in the assessment district. Since a meeting with the property owners south of the tract and adjacent to the crib wall is scheduled for September 10, 2002, the public meeting needs to be continued to September 23, 2002. The public hearing that was scheduled to be heard on September 9, 2002, will need to be rescheduled to October 7, 2002, since there must be a period of not less than 7 days between the public meeting and public hearing. In the event it is decided that that including the maintenance of the crib wall is desirable, the Engineer's Report will need to be modified and a new public meeting and hearing will need to be scheduled. Additionally, assessment ballots will be mailed to all the current owners within the tract, as of the date notice is given. FINANCIAL IMPACT: Applicant has paid the $4,000 processing fee and all subsequent work carried out in the district will be assessed back to property owners. As stated in the Engineer's Report, approximately $95 are determined to represent the General Benefit portion of the maintenance costs and will need to be paid from the General Fund. RECOMMENDATION: Staff recommends that the public meeting be continued to September 23, 2002 and the public hearing be rescheduled for October 7, 2002 Location of Proposed Assessment District No. 1028 No Scale ~ ~ ... 0 e E c . c ~ W ~ ~ . u; 0 ,; ... c E ~ > 5th St. Mill St. CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DIVISION ~ indicates un-incorporated areas ~ within City's Sphere of Influence ~ o c o u ~ a. Oran e Show Rd. F .. , . o VICINITY MAP PROPOSED ASSESSMENT DISTRICT NO. 1028 - OHIO AVENUE AND WALNUT AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Created by: Date: 1> hV" l.. 0:1 "s c.8 "~ - 0:1 U '+-< QO 0 N ~ = - ..... ~ ~gf ~ ~ e -<u~ ~ ~ a ~~~ ~oo~ Z ~ .c ~~ s:: ~ ~ is oozu oo~o. ~~] 0000 e -< ~ Q) ooa:l 00 a -<~ o .c "~ u Q) -il s:: "~ ~ oEl 2d 9 ~ z < !Z Q ~U IOl "' ~ = '"'" z ~ ~ -<: Q,. Vl ::; t.l ... ....:; o i\1 ~ ;.. ~.. t::!:! u.. '" Q ~ ~[lr ~ ~~, ..~.! $' .."'lS}~ -.~ "'.... ~u u~ "'", ~Q j!Z n ....'" !i@~ ~~ ~; S::E ~ ~ ~ i m ~ ~ . ~ i ~ ~ ~ n I -I doC(u. z... 01 ~i~ J_~ .. ~ ~ I I e I en ::> F ~ o o :c ::> '" F f'! ~ ~ ~iJj(l) (I)~m >-....'" !J:~~ ~o~ ::>:l:z o~ <II," e-u !,1~8 O:z ~~cij QZ::> ...."F Z:>", ~c~ ",Wo "'''':I: w200 "'0'" "'0:.... ".. Z Q ~ W ~o~ ~g~ ~ ~ ~ .. " " CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director " Dept: Development Services . . , Subject: Public Meeting - 4:00 p.m. - I Ohio and Walnut Landscape Maintenance .- Assessment District No. 1028--- Tract No. 14193 Date: August 13, 2002 Synopsis of Previous Council Action: 10-01-2001 -- Tract No. 14193 was approved. File No.l4.40-115 MCC Date: 08-19-2002 04-15-2002 - Authorization to proceed with the formation of a landscape maintenance assessment district in the Ohio and Walnut area was given. 07-15-2002 - Resolution of Intention No. 2002-231 was adopted. Recommended Motion: That the Public Meeting relative to the formation of the Ohio and Walnut Area Landscape Maintenance Assessment District No.1 028, be closed and protests, if any, be carried over to the Public Hearing on September 9, 2002 at 4:00 p.m. IlrLf...~ rF Contact person: LASZLO "Les" FOGASSY Supporting data attached: Staff Report, Maps Phone: 5026 Ward: 5 FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant) Source: (Acct. No.) 254-000-2301-7273 (Acct. Description) Assessment District Deposits Finance: Council Notes: Agenda Item No. ~H gt I~/D~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Meeting - 4:00 p.m. - Ohio and Walnut Landscape Maintenance Assessment District No. 1028--- Tract No. 14193 BACKGROUND: On October 1, 2001, Tract No. 14193, located at the southwest comer of Ohio Avenue and Walnut A venue, was approved. One of the conditions of approval is the formation of an assessment district for the maintenance of landscaping along portions of the perimeter streets of the tract and along a portion of Meyers Road, within the boundary of the tract. This is being done to assign and make responsible for the costs of maintaining the landscaping, the properties most benefiting from the landscape area and to prevent blight since property owners usually do not maintain the areas beyond perimeter block walls of a tract. A letter requesting the formation of the district was received from the developer, Covenant Development, Inc., representing the property owner, along with the processing fee of $4,000. Tract No. 14193 consists of76 single family lots. The annual cost of maintenance, which is estimated to be $10,894.60, including incidental and administrative costs, will be spread across these 76 lots. The annual assessment per lot is estimated to be $143.3S. All potential buyers will be given a disclosure statement of the assessment by the developer. The Engineer's Report, which gives details regarding the district boundaries, proposed maintenance, method of assessment, total cost of maintenance and a proposed assessment roll is on file in the office of the City Clerk. On July IS, 2002, Resolution No. 2002-231 was adopted, preliminarily approving the Engineer's Report and setting a Public Meeting date of August 19, 2002 and a Public Hearing date of September 9, 2002. All property owners of record were given a mailed notice along with an Assessment Ballot as required by proposition 218 and the Resolution of Intention was published in the Sun newspaper, as required by law. The Public Meeting is only an informational meeting and no action can be taken regarding the formation of the assessment district until 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 at least SO% of the ballots returned show support for the proposed district or that protests submitted, be SO%, or less, of the total assessment. Formation of the assessment district will require the adoption of a resolution and will require a four-fifths (4/Sth) affirmative vote of the council members present and voting. Staff Report - continued FINANCIAL IMPACT: Applicant has paid the $4,000 processing fee. All work carried out in the district will be assessed back to property owners. RECOMMENDATION: Staff recommends that the Public Meeting be closed and that any protests submitted be carried forward to the Public Hearing on September 9,2002. 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 REPRESENTING AT LEAST FIFTY PERCENT (50%) AFFIRMATIVE VOTES FOR THE PROPOSED ASSESSMENT HAVE BEEN RECEIVED AND THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE OF LANDSCAPING IN THE AREA OF OHIO AVENUE AND WALNUt AVENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1028, ORDERING THE WORK, CONFIRMING THE 2003-2004 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION 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 prelirninari~ 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 July IS, 2002, 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. 1028, which is on file in the office of the City Clerk, and adopted Resolution No. 2002-231 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 OIDO AVENUE AND WALNUT AVENUE AREA WITHOUT COMPLI~CE WITH THE 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. 1028; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC.MEETING AND PUBLIC HEARING." 10/17/2002 I 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 e e RESOLUTION ORDERlNq WORK AND APPROVING 2003-2004 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT 1028 (OHIO AND WALNUT AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT) 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 Calif/Jrnia 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 propose.d 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 on the office of the City Clerk; and WHEREAS, an Assessment Roll has been prepared totaling $10. 894.60 which sets forth the individual assessments to be levied on each of the parcels of land within Assessment District No. 1028 for the fiscal year 2003-2004, as set forth in the Engineer's Report, as now subrnitted,in 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 August 19, 2002 and continued to September 9, 2002 and further continued to September 23,2002 and a Public Hearing having been held on October 7, 2002 and continued to October 21,2002, 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 represcyted' by the assessment units assessable on the properties represented by said protests. ;r-. SECTION :2. That ballots having been received and considered, it is hereby determined that the total sum of the assessment amounts in support of the proposed assessment represents at 10/17/02 2 . . . 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 RESOLUTION ORDERING WORK AND APPROVING 2003-2004 ASSESSMENT ROLL FOR ASSESSMENT DISTlUCT 1028 (OHIO AND WALNUT AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRlCT) least FIFTY PERCENT (50%) of the total sum of assessment amounts in opposition to the proposed 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 11 12 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 fonnation of Assessment District No. 1028, along with the work and appurtenances described in said Resolution No. 2002-231 and said Engineer's Report as herein approv"d and that the Special Assessment, Investigation and Limitation Act of 1931 shall not apply. SECTION 5. That the Engineer's Report relative to the formation of Assessment District No. 1028, 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. ./~ . stCTION 6. That the Mayor and Common Council do hereby fmd and determine that the proportionate costs to be levied against the parcels ofIand within Assessment District No. 1028 are correctly set forth on Assessment Roll No. 1028 for the fiscal year 2003-2004, as set forth in 10/17/02 3 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 . e e RESOLUTION ORDERING WORK AND APPROVING 2003-2004 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT I ()28 (OHIO AND WALNUT AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT) 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. 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 be placed on the subject 2003-2004 property tax bills for collection together with all other property taxes. SECTION 9. 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 1, Section 15301(c). SECTION 10. Reference hereby is made to said Resolution No. 2002-231 and said Engineer's Report for a description of the work, the extent of the assessment district, the financing alternatives and for further particulars. III " III ;". III 10/17/02 4 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1"5 16 17 18 19 20 21 22 23 24 25 26 27 28 e e RESOLUTION ORDERING WORK AND APPROVING 2003-2004 ASSESSMENT ROLL FOR . ASSESSMENT DISTRICT 1028 (OHIO AND WALNUT AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT) 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: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this _ day of ,20_. JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and legal content: By: 10/17/02 5 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): \()-ZICOZ- Item # L- '1 Vote: Ayes ',3-f") Nays G- Change to motion to amend original documents: . Resolution # 7...00 2. - '33 '/ Abstain..c;;r Absent L Reso. # On Attachments: ~ Contract term: Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W /COUNTY Date Sent to Mayor: 10-2-3-02.- Date of Mayor's Signature: \0- Z:,.-Oz.. Date ofClerklCDC Signature: Ib- Z4-o2- Date Memo/Letter Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: NullNoid After: By: a~ bClN\t1- Reso. Log Updated: --- Seal Impressed: V Date Returned: See r..Ll.:.gb~ See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney / Parks & Rec. Code Compliance Dev. Services ~ Police Public Services Water Notes: Yes1 No By Yes No / By Yes No--.-L By Yes No 1/ By - Yes No / By EDA Finance ,,/" MIS Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: (')"1'f Date Ji)f'd6f 0 /- Revised 01112/01