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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 - Olive Avenue
and Belmont Avenue Area Landscape
Maintenance Assessment District No. 1051
(Tentative Tract No. 17396).
Dept: Development Services
Date: July 12,2007
File No.14.40-154 MCC Date: July 16,2007
Synopsis of Previous Council Action:
06/13/06 - Tentative Tract No. 17396 was approved, with conditions.
OS/21/07 - Authorization was given to proceed with the formation of the Olive Avenue and
Belmont Avenue Area Landscape Maintenance Assessment District No.1 051, and Resolution
ofIntention No. 2007-168 was adopted.
Recommended Motion:
I. That the public hearing relative to the formation of the Olive Avenue and Belmont Avenue
Area Landscape Maintenance Assessment District No. 1051, 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: (Aeel. No.) 254-000-2301-6042
(Aeel. Description) Assessment District Deposits
Finance:
Council Notes:
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e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public hearing - 4:00 p.m., and Resolution Ordering Work - Olive Avenue and Belmont Avenue
Area Landscape Maintenance Assessment District No. 1051 (Tentative Tract No. 17396).
BACKGROUND:
On June 13, 2006, Tentative Tract No. 17396, located on the east side of Olive Avenue and the
south side of Belmont A venue was approved. On December 21, 2006, Delgado Developers Inc.,
the owner and developer of the tract, submitted a letter requesting the formation of a landscape
maintenance assessment district. as one of the conditions of approval for the tract. The formation
of the 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 area to
be maintained by the district will be a strip of landscaping (3 feet x 230 feet) along the east side
of Olive Avenue and adjacent to Lots 13 and 14 of this tract.
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When developed, Tract No. 17396 will consists of 14 single-family lots. 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 attached for your review. As set forth
in the Engineer's Report, the estimated total annual assessment for this district is $1905.26,
which will be spread across the 14 lots. The estimated annual assessment per lot is $136.09. All
of the maintenance costs will be assessed to the district since there is no general benefit
determination.
On May 21, 2007, authorization to proceed with the formation of the District was given and
Resolution No. 2007-168 was approved, setting a public hearing for July 16, 2007 and
preliminarily approving the Engineer's Report. A notice and an assessment ballot were mailed to
the property owner. The property is currently under one ownership and no protests are
anticipated. When subdivided, 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. Upon closing of the public hearing, the
attached resolution approving the formation of the Assessment District may be considered.
Formation of the assessment district will require the adoption of the resolution by a four-fifths
(4/5) affirmative vote of the council members voting.
FINANCIAL IMPACT:
None. The applicant has paid the $5,900 processing fee and all subsequent work carried out in
the district will be assessed back to property owners.
RECOMMENDATION:
That the public hearing be closed and the attached resolution be adopted.
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LOCA nON OF
PROPOSED ASSESSMENT
DISTRICT NO. 1051
Highland Ave.
Base Line St.
SIIlSt.
MIIISt.
Orange how Rd.
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VICINITY MAP
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1051 -
Olive Avenue and Belmont Avenue Area
(Tract No. 17396)
~ indicates un.incorporated areas within City's
~ Sphere of Influence
Created by: Ryan Sandoval
Date: 2/28/07
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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 OLIVE AVENUE AND BELMONT A VENUE AREA,
APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS
ASSESSMENT DISTRICT NO. 1051, 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 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. 1051, which is on file in the office of the City Clerk, and adopted Resolution No.
2007-168 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 OLIVE AVENUE AND BELMONT 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. 1051; PRELIMINARILY APPROVING THE
ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING."
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07112/2007
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RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST...OLIVE AVENUE AND BELMONT AVENUE AREA, APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1051, 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.
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 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 $1,905.26, which sets forth
the individual assessments to be levied on each of the parcels ofland within Assessment District
No. 1051, 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.
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
07/12/2007
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RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST...OLIVE AVENUE AND BELMONT A VENUE AREA, APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1051, 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.
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.1 051, along with the
work and appurtenances described in said Resolution No. 2007-168 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. 1051 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. 1051
are correctly set forth on Assessment Roll No.1 051 for the fiscal year 2007-2008, as set forth in
07/12/2007
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RESOLUTION ...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST...OLIVE A VENUE AND BELMONT A VENUE AREA, APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1051, 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.
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. 2007-168 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. !O51 be placed on the
subject 2007-2008 property tax bills for collection together with all other property taxes.
07/12/2007
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RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST...OLIVE A VENUE AND BELMONT A VENUE AREA, APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1051, 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
6 Common Council of the City of San Bernardino at a
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the
day of
,20_, by the following vote, to-wit:
Council Members: A YES
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
meeting thereof held on
NAYS
ABSTAIN ABSENT
City Clerk
The foregoing resolution is hereby approved this _ day of
Approved as to form:
07/12/2007
,20_.
PATRICK J. MORRIS, Mayor
City of San Bernardino
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