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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 Ordering Work - Pine A venue and
Redwood Street Area Landscape Maintenance
Assessment District No. 1055 (Tentative Tract No.
17716).
Dept: Development Services
Date: July 12,2007
File No.14.40-150 MCC Date: July 16, 2007
Synopsis of Previous Council Action:
0112412006 - Tentative Tract No. 17716 was approved with conditions.
02120/2007 - Resolution No. 2007-46 was adopted, authorizing the acknowledgement of a lease
agreement for landscape purposes across Metropolitan Water District property adjacent to Tentative
Tract No. 17716.
05/07/2007 - Authorization was given to proceed with the formation of the Pine Avenue and
Redwood Street Area Landscape Maintenance Assessment District No. 1055, and Resolution of
Intention No. 2007-169 was adooted.
Recommended Motion:
1. That the public hearing relative to the formation of the Pine Avenue and Redwood Street
Area Landscape Maintenance Assessment District No. 1055, be closed.
AND
2. Adopt resolution (4/5 vote required)
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Valerie C. Ross
Contact person: Laszlo Fogassy
Phone: 5226
Supporting data attached: Staff Report, Maps, Reso. Ward: 5
FUNDING REQUIREMENTS: Amount: $5,900 (Processing fee paid by applicant)
Source: fAcct. No.) 254-000-2301-6048
(Acct. Description) Assessment District Deposits
Finance:
Council Notes:
:< 'd 'f?aIL3~ d.Q1t.n Jf pr
Agenda Ite~ No. ~ ()
7/1t; /01
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public hearing - 4:00 p.m., and Resolution Ordering Work - Pine Avenue and Redwood Street
Area Landscape Maintenance Assessment District No. 1055 (Tentative Tract No. 17716).
BACKGROUND:
On January 24, 2006, the Planning Commission approved Tentative Tract No. 17716, located
easterly of Pine A venue and northerly and southerly of Redwood Street in the Verdemont area.
Pine Trails Partners, LLC, the owner/developer of this tract, is proposing to subdivide 13.7 acres
ofland into 39 single family residential lots, with a minimum lot size of 10,800 square feet. One
of the conditions for this development is the formation of a Landscape Maintenance Assessment
District. The 100 foot strip of vacant land to the west of the tract is to be included in the District.
The easterly 40 feet of this strip is within the tract boundaries and is encumbered by an easement
to San Gabriel Valley Water District. San Gabriel Valley Water District has consented to the
installation and maintenance of landscaping for this area without the requirement of a lease or
compensation for its use. The remaining 60 feet is owned by the Metropolitan Water District of
Southern California (MWD) for water transmission lines. MWD has consented to the installation
and maintenance of landscaping conditioned on the execution of a lease agreement.
On February 20, 2007, Resolution No. 2007-46 was adopted, acknowledging a lease agreement
between MWD and Pine Trails Partners. The lease was executed on March 1,2007. Once the
landscaping is installed by the developer and accepted by the City, after the developer's
maintenance period is completed, the lease will be assigned to the City and paid for through the
Assessment District. The lease amount is $2,325 per year, subject to an annual increase based on
the Consumer Price Index (CPI), not to exceed 5%. Increases have been provided for in the
Engineer's Report and will not need property owner approval.
Tract No. 17716 will be served by an existing sewer lift station located southerly of the
development and the proportionate annual maintenance costs for the lift station, estimated to be
$1,446, will also be included in the annual assessment amount. The estimated costs for all
maintenance and incidental expenses, less general benefit amount, is $36,972.39 The estimated
initial annual assessment per lot is $948. The portion of the landscape maintenance costs
determined to be a general benefit, which will have to be paid for from the general fund, is
estimated at $3,712 per year.
On May 7, 2007, Resolution ofIntention No. 2007-169 was adopted, preliminarily approving the
Engineer's Report and setting a public hearing for May 7, 2007. Notice of the meeting and
assessment ballots were mailed to the owner of record. Since all of the parcels are still under one
ownership, a majority protest is not anticipated. Future property owners will purchase the
subdivided lots subject to the Assessment District and will be given disclosure of the District and
assessments by the developer or subsequent property owners, as required by law.
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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:
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. The general benefit portion of the maintenance costs, estimated to be
$3,712 per year, 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. 1055
No Scale
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERlY SECTION
Proposed Landscape Maintenance
Assessment District No. 1055 -
Pine Avenue and Redwood Street
Area (n. 17716)
Created by: La?z/o F oqa??y Date: 01-/6-01
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ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1055
PINE A VENUE AND REDWOOD STREET AREA
LANDSCAPE AND SEWER LIFT STATION
MAINTENANCE ASSESSMENT DISTRICT
IN THE CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
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~ LOCATION OF
ASSESSMENT DISTRICT
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,DEPARTMENT OF DEVELOPMENT SERVlCESi i lEGE~m
l_.~U~UC WORKS DIVISION !.!.18~8~ ASSE~ENTOISTFllCT80VNOARYSHOWN Tl1VS _ _ _
I PINEAVENt:EANDRED\~'OODSTREETAREA \..0(('-----'---'-:, AREA OF MAINTENANCE SHOWNTl1US: ~
'I _:_'><I:c"t ASSESSWENTNU\l8ERSSHOWNTHLlS: 8
Lo\liDSCAPING ,vw SEWIoR UFf ST,\ nO!ll NIL ASSESSEO PAACEllSISHOWN THUS: (;::
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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 AND A PORTION OF A SEWER LIFT STATION IN THE PINE
A VENUE AND REDWOOD STREET AREA, APPROVING THE FINAL ENGINEER'S
REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID
MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1055, 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 and together with the
pro-rata share of maintenance costs and appurtenances for a sewer lift station, 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 May 7, 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. 1055, which is on file in the office of the City Clerk, and adopted Resolution No.
2007-169 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 PINE A VENUE AND REDWOOD STREET 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
07112/2007
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RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST...PINE A VENUE AND REDWOOD STREET, APPROVING THE FINAL ENGINEER'S
REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1055, 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.
ASSESSMENT DISTRICT NO. 1055; PRELIMINARILY APPROVING THE
6 ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING."
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which said resolution 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 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
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 $36,972.39. which sets forth
the individual assessments to be levied on each of the parcels of land within Assessment District
No. 1055, 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 Hearing having been held on July 16, 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 by the assessment units assessable on the properties represented
by said protests.
06/14/2007
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RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST...PINE AVENUE AND REDWOOD STREET, APPROVING THE FINAL ENGINEER'S
REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1055, 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
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.1 055, along with the
work and appurtenances described in said Resolution No. 2007-169 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. 1055 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.
06/14/2007
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RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST...PINE A VENUE AND REDWOOD STREET, APPROVING THE FINAL ENGINEER'S
REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1055, 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 levied against the parcels of land within Assessment District No. 1055
are correctly set forth on Assessment Roll No. 1055 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. 2007-169 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. 1055 be placed on the
06/14/2007
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RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST...PINE A VENUE AND REDWOOD STREET, APPROVING THE FINAL ENGINEER'S
REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1055, 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.
subject 2007-2008 property tax bills for collection together with all other property taxes.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a
meeting thereof held on
9 the
day of
, 20_, by the following vote, to-wit:
10 Council Members: AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
22 The foregoing resolution is hereby approved this _ day of
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,20_.
PATRICK J. MORRIS, Mayor
City of San Bernardino
Approved as to form:
ES F. PENMAN, City Attorney
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