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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: ValerieC. Ross, Director
Subject: Resolution terminating
Landscape Maintenance Assessment District
No. 1065, 48th Street and Little Mountain
Drive area.
Dept: Development Services
Date: August 5, 2008
File No. 14.40-162
Synopsis of Previous Council Action:
10-10-2007 - Resolution No. 2007-415 was adopted, approving the formation of Assessment
District No.1 065 relative to Tentative Tract Map No. 17038, 48th Street and Little Mountain
Drive area.
MCC Date: September 2, 2008
Recommended Motion:
Adopt Resolution.
bJO.RHv
Valerie C. Ross
Laszlo "Les" Fogassy
Contact person:
Staff Report, Maps, Resolution
Supporting data attached:
Phone:
5026
Ward:
5
FUNDING REQUIREMENTS: Amount:
None
Source: (Acct. No.) N/A
(Acct. Description) N/A
Council Notes:
a2'> ~...3 i.<-
Finance:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution terminating Landscape Maintenance Assessment District No.1 065, 48th Street and
Little Mountain Drive area.
BACKGROUND:
On October 10, 2007, Resolution No. 2007-415 was adopted, approving the formation of
Landscape Maintenance Assessment District No. 1065, 48th Street and Little Mountain Drive
area. The formation of the District was a condition of approval by the Planning Commission for
Tentative Tract No. 17038. The proposed development consisted of 38 condominium units.
Approval of the resolution included approval of the 2008/2009. assessment roll to provide
funding for landscape maintenance once development was to occur, and has been forwarded to
the San Bernardino County Property Tax Division to be assessed on the 2008/2009 tax bill, along
with the other various assessment districts.
K & S Property LLC, the owner of the property recently advised staff that the property was
being sold to the San Bernardino City Unified School District for construction of a new
elementary school. On July 17, 2008 a Grant Deed was recorded, transferring the property to the
School District.
The approved Assessment District was for a previously proposed development that will no
longer be built. The City of San Bernardino cannot impose the conditions of an Assessment
District on School District property. The School District has requested that the City terminate the
Assessment District and release any liens imposed by the Assessment District. After termination
of the District, the assessment will removed from the County Tax Rolls.
FINANCIAL IMPACT:
None
RECOMMENDATION:
Adopt Resolution
Attachments:
-Vicinity Map
-Assessment District Map
-Letter from San Bernardino Unified School District
LOCA TION OF
PROPOSED ASSESSMENT
DISTRICT NO. 1065
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1065 -
48th St. and Little Mountain Dr. Area
(Tract No. 17038)
~ indicates un-incorporated areas within City's
~ Sphere of Influence
Created by: Ryan Sandoval
Date: 6/11/07
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Arturo Delgado, Ed.D.
Superintendent
John A. Peukert, Assistant Superintendent, Facilities/Operations
August6,2008
Laszlo "Les" Fogassy
Assessment District/Real Property Manager
City of San Bernardino
Development Services Department
300 N. "0" Street, 3rd Floor
San Bernardino. CA 92418
Re: Vacant land located at 48th Street and Little Mountain Drive
Tentative Track Map # 17038
Subdivision # 05-15 - APN # 0266-132-09
SBCUSD request to terminate Assessment District NO.1065.
Dear Mr. Fogassy:
Please accept this letter as a formal request from the San Bernardino City
Unified School District (SBCUSD) to the City of San Bernardino to terminate
Assessment District No. 1065 and release the recorded encumbrance on the
property.
SBCUSD has acquired this vacant land as the site for the construction of the
new Little Mountain Elementary School.
Should you have questions or require additional information, please do not
hesitate to contact Mr. Kit Kurisaki of my staff at 909-381-1238 or me.
Sin~/
Wael Elatar
Facilities Administrator
Wael Elatar Facilities Administrator
FACILITIES/OPERATIONS DMSION
777 North F Street. San Bernardino, CA 92410
(909) 381.1238 . Direct (909) 381.1239 . Fax (909) 885-4218 . wael.elatar@sbcusd.com
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RESOLUTION NO.
RESOLUTION OF THt tITY OF SAN BERNARDINO TERMINATING
LANDSCAPE MAINTENANCE; ASSESSMENT DISTRICT NO. 1065, 48TH STREET
AND LITTLE MOUNTAIN DRIVE AREA, AND RELEASING OF LIENS.
WHEREAS, by Resolution No. 2007-4 J 5, the Mayor and Common Council found that
the public interest, convenience, and necessity required the formation of a Landscape
Maintenance Assessment District in the 48th Street and Little Mountain Drive area; and
WHEREAS, by said Resolution No. 2007-415, the Mayor and Common Council
formed an assessment district known as Assessment District No. 1065 for the maintenance of
landscaping and appurtenant facilities within the boundaries of Assessment District No. 1065,
pursuant to the provisions of Chapter 12.90 of the San Bernardino Municipal Code; and
WHEREAS, by Resolution No. 2007-317, the Mayor and Common Council declared
that all the land included within the boundaries of said District benefited by said maintenance;
and
WHEREAS, said Resolution No. 2007-317 declared that an annual assessment shall be
levied on all land within the District to provide reimbursement to the City of San Bernardino for
said maintenance; and
WHEREAS, a "Notice of Assessment" was filed in the office of the County Recorder
of San Bernardino County establishing a lien on all parcels located within the boundaries of
Assessment District No.1 065 as shown on the Assessment Diagram Map of said District; and
WHEREAS, the property within the boundaries of Assessment District No. 1065 is
now owned by San Bernardino City Unified School District; and
WHEREAS, the property within the boundaries of Assessment District No. 1065 is
proposed to be developed as a school site and is exempt from the City's Development Code
requiring the formation and operation of a Landscape Maintenance Assessment District and the
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RESOLUTION OF THE CITY OF SAN BERNARDINO TERMINATING LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 1065, 48TH STREET AND LITTLE MOUNTAIN
DRIVE AREA, AND RELEASING OF LIENS.
San Bernardino Unified School District has requested termination of Assessment District No.
1065.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council hereby find and determine that the
public interest, convenience, and necessity no longer require the existence and continuance of
Assessment District No. 1065.
SECTION 2. That the Mayor and Common Council do hereby terminate Assessment
District No. 1065 and hereby release all liens affected by said Assessment District against the
parcels of land lying within the boundaries of said Assessment District, as shown on Assessment
District Diagram No. 1065, recorded on October 10, 2007 'in the office of the County Recorder
of San Bernardino County as Document No. 2007-0572206 in Book 83 of Assessment Maps,
Page 33, and Notice of Assessment recorded October 10,2007 as Document No. 2007-0572207,
Official Records of said County. A full listing of the parcels affected by Assessment District No.
1065 is shown on Exhibit "A", attached hereto and made a part hereof.
SECTION 3. That the City Engineer or his designee, is hereby authorized and directed
to remove any and all previously levied and applied assessments relative to Assessment District
No. 1065 against the properties within the boundaries of Assessment District No. 1065 from the
San Bernardino County Property Tax Rolls.
SECTION 4. That the City Clerk is directed to file or cause to be filed, a certified copy
of this Resolution with the office of the County Recorder of San Bernardino County.
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08/27108
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RESOLUTION OF THE CITY OF SAN BERNARDINO TERMINATING LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 1065, 48TH STREET AND LITTLE MOUNTAIN
DRIVE AREA, AND RELEASING OF LIENS.
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16 JOHNSON
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
, 2008, by the following
vote, to-wit:
Council Members: A YES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
17 MCCAMMACK
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City Clerk
The foregoing resolution is hereby approved this _ day of
,2008.
PATRICKJ. MORRIS
City of San Bernardino
Approved as to form
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TIM SABO, ecial Counsel
08/27/08
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EXHIBIT "A"
LISTING OF ASSESSOR'S PARCELS LOCATED WITHIN THE
BOUNDARIES OF ASSESSMENT DISTRICT NO.1 065
ORIGINAL LISTING OF PARCELS:
0266-132-09
CURRENT LISTING OF PARCELS:
0266-132-09