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Home My WebLink About27-Development Services .,- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION '- From: Valerie C. Ross, Director Subject: Public hearing - 4:00 p.m., and Resolution Ordering Work - Orange Show Road and Tippecanoe Avenue Area Landscape Maintenance Assessment Districts No. 1059 (parcel Map No. 17132). Dept: Development Services Date: December 18,2007 File No.14.40-150 Synopsis of Previous Council Action: MCC Date: January 7, 2008 11/19/2007 - Authorization was given to proceed with the formation of Assessment District No. 1059 in the Orange Show Road and Tippecanoe Avenue area, and Resolution ofIntention No. 2007-451 was adopted. Recommended Motion: "- I. That the public hearing relative to the formation of Orange Show Road and Tippecanoe Avenue Area Landscape Maintenance Assessment District No.1 059, be closed. AND 2. Adopt resolution (4/5 vote required). Yil1Aiv 0. Ruv Valerie C. Ross Contact person: Laszlo Fogassy Phone: 5226 Supporting data attached: Staff Report, Maps, Reso. Ward: 3 FUNDING REQUIREMENTS: Amount: $627 (Estimated annual general benefit amount) Source: (Acct. No.) N/A (Acct. Description) N/A Finance: Council Notes: """,.~ '- Agenda Item No. 0/01 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report ""- SUBJECT: Public hearing - 4:00 p.m., and Resolution Ordering Work - Orange Show Road and Tippecanoe Avenue Area Landscape Maintenance Assessment Districts No. 1059 (parcel Map No. 17132). BACKGROUND: In November of 2006, in anticipation of the approval of the Tentative Parcel Map No. 17132, consisting of 6 industrial parcels located on the north and south sides of Orange Show Road, west of Tippecanoe Avenue, Jack Langson of Investment Building Group, owner and developer of this property, submitted a request for the formation of a Landscape Maintenance Assessment District. On December 5, 2006, the Planning Commission approved Tentative Parcel Map No. 17132. The formation of an Assessment District relieves the City of the maintenance costs, except for the General Benefit amount as stated below, and assesses the costs to the properties receiving the benefit from the landscaping and its maintenance. The landscaping to be maintained by the assessment district consists of landscaping and hardscaping in the median along Orange Show Road adjacent to and easterly of the development. The estimated annual cost of maintaining this area, including all incidental expenses, is $4,394, of which $627 is general benefit which cannot be assessed to the District and will need to be paid from the General Fund. When the Assessment District takes over the maintenance, a budget transfer for the General Benefit amount will be requested by the Parks, Recreation and Community Services Department, into the Assessment District fund when the maintenance contract is awarded. The remaining $3,767 will be spread across the 6 parcels. The assessments "-_ will vary based on the size of the parcels but will range from $256 to $1,654 per year. The Engineer's Report, which is on file in the office of the City Clerk contains the full details regarding maintenance costs, assessment determination and assessment spread for each parcel. Assessments are subject to an annual increase of 5% or the Consumer Price Index (CPI), whichever is less, to cover any increase in maintenance costs. On November 19, 2007, Resolution of Intention No. 2007-451 was adopted, preliminarily approving the Engineer's Report and setting a public hearing for January 7, 2008. Notice of the hearing and assessment ballots were mailed to the owners of record. Although one of the parcels (APN 0281-041-67) is no longer owned by the developer, the remaining parcels still owned by the developer represent over 50% of the ballots. The ballots from the developer have been received by the City Clerk's office and all are favorable to the formation of the Assessment District. 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 IMPACT: The applicant has paid the $5,900 processing fee. The estimated costs of annual maintenance will be assessed back to property owners within the Assessment District. The general benefit portion of the maintenance costs, estimated to be $627 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. ,- ........... '- ',- No Scale 5th St. Mill St. ., . LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1059 o VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1059 - Oreange Show Rood and Tippecanoe Avenue Area (P.M.17132) r~~ i.,dicat~s un-in.::orpcroted areas -,,' within City's Sphere of lnfluen(;e Created by: La:::,z/o F oqa::x:y I Date: l(j-.n.o/ ~ <: . I . Ii ~ 1 , "fa ~.f I" oJ 1 'HI . 'II , lI,q ..t .." i h d I>' I,,;t I~ I S ~ -{ j i~ Z i: I ~ I' Ii I ~ t:-; : ( I I . " i E . ~ - r~;& ll~l' ftr Ii tH . I O. .. . ,,: ~w" U ~! I f z~ ~ I ,,~. . < I , · : ~l~"l ".I - ...11: i !t!' CllEji, . ,F.: Jqrr i ,f: . I o z ~,.;"'" ~C!.S I,f Ii ! -. l j a::cn 0 -.;:r- ~. i;~ ~~~~i LI <II( ~ en -< <co:.... . :~;! I .1,:j .t , I . ~". Z~5 9~?2 , ~~ t I......J' ~ . \..... ' I i .. ~ '0 !F: ~ "li:_ U' ., I'j 0 a:: 0 _1:<11 1 ! . Ii./' .< ~ 'I I t I I f df ~ o~-z- ".' I"" I' I. J;:ih::~ ;. ... I i . . 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I- ~ ;. c ~ E > ~ $ < i - . i "~ ,....,..",...-" -<: ~f-o -<:5:d t.I.lIX 0 "" ;::l fi:; ~ ~ ~Ci ~ .... > f-o 2 ~ 0 ~ ~ ~ !:l:: Z o~ ~ C E-< ~i2 ., ;:$::l ui}] ~ Q!:l:: g: ~ ~ E-<~ '~1:3~~ z.... ClZl-u ;;ol Q z -<: ~o ~E-< -<:~ ~ rr.J Z Cl f-o ~ ~;;ol -<:z ..: ~ ~ ~ ~ ~ <;;ol 0 t.I.l :z ~ =~ ;,; ~.. <Zl U '" < t.I.l'" 0 o Cl >- ZZ C ~:J u o '- . ~ ~1 ~~ "' .. <;+..~ <;.... , / / / ",,'" ",,"" .......'" ..."'..."" , , \ , , \ 'l! :Il I III I .. ~ i ~ ~ :!l: ll;aj ~ Ie I! ! ~ II 1.11 Iii I ~ z < ...'" ~'" 0- l)~ ....'" ~~ ~"- o 'l! ~. ~'G '" -:r; ;- I <:. i ~ ~ I ~H O. z~ ~~ z e....1Ol <z~"Q <:t!zl- z C:<'"' a::!' s c,..;z;;;:. w:5 is ~~~5; CD'" en Q(!'l e.; is z!t!~ g<~1- <l!: i =::ll/Jffi CI)~U ::::%~~ u..~:J ..,~~: o~~ ~~i~ ~!i~ o!:~-< i3~ ....-, c",.-,,<~. ,- \",.. 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 ORANGE SHOW ROAD AND TIPPECANOE AVENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1059, ORDERING THE WORK, CONFIRMING THE 2008-2009 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 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 November 19,2007, 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, 1059, which is on file in the office of the City Clerk, and adopted Resolution No. 2007-451 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 ORANGE SHOW ROAD AND TIPPECANOE A VENUE 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. 1059; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING." /- 7-~ /f)(). (l '7 12/12/07 -''''- '-' ~ 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 RESOLUTlON...F1NDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST... ORANGE SHOW ROAD AND TIPPECANOE AVENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1059, ORDERING THE WORK, CONFIRMING THE 2008-2009 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY. which said resolution duly and legally was published and notice given of 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 $3.767.78. which sets forth the individual assessments to be levied on each of the parcels of land within Assessment District No. 1059, for the fiscal year 2008-2009, 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 January 7, 2008, the Mayor and Common Council, having heard and considered any and all comments received thereon and being fully advised, 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 12/12/07 2 --- ""'.'" ',-, 1 2 3 .{ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION...FlNDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST... ORANGE SHOW ROAD AND TIPPECANOE AVENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRlCT...NO. 1059, ORDERING THE WORK, CONFIRMING THE 2008-2009 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. 1059, along with the work and appurtenances described in said Resolution No. 2007-451 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. 1059 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 28 proportionate costs to be levied against the parcels of land within Assessment District No. 1059 12/12/07 3 '- 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 ,"-" \.~ RESOLUTlON...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST... ORANGE SHOW ROAD AND TIPPECANOE AVENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1059, ORDERING THE WORK, CONFIRMING THE 2008-2009 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.1 059 for the fiscal year 2008-2009, 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 l5301(c). SECTION 9. Reference hereby is made to said Resolution No. 2007-451 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. 1059 be placed on the subject 2008-2009 property tax bills for collection together with all other property taxes. 12/12/07 4 '- "".- -- 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... ORANGE SHOW ROAD AND TIPPECANOE A VENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1059, ORDERING THE WORK, CONFIRMING THE 2008-2009 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION, UMlTATION 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 , 2008, by the following vote, to-wit: the day of Council Members: AYES ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK ABSTAIN ABSENT NAYS City Clerk The foregoing resolution is hereby approved this _ day of ,20_. PATRICK J. MORRIS, Mayor City of San Bernardino Approved as to form: AJ /, /.'.' ~ ~"" . . tit-. .jt..itYJ~ih" JAMES F. P MAN, City Attorney 12118/07 5