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Home My WebLink About33-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Public hearing - 4:00 p.m., Resolution Ordering Work relative to the proposed Foothill Drive and Sterling Avenue Area Landscape Maintenance Assessment District No. 1058 (Tentative Tract No. 14112). Dept: Development Services Date: September 8, 2008 File No. 14.40-149 Synopsis of Previous Council Action: MCC Date: October 6, 2008 08/18/2008 - Authorization was given to proceed with the formation ofthe Foothill Drive and Sterling Avenue Area Landscape Maintenance Assessment District No. 1058, and Resolution ofIntention No. 2008-321 was adopted. Recommended Motion: I. That the public hearing relative to the formation ofthe Foothill Drive and Sterling Avenue Area Landscape Maintenance Assessment District No. 1058 be closed. AND 2. Adopt resolution - (4/5 vote required for formation ofLMD). ~OK~ Valerie C. Ross Contact person: Ryan Sandoval Supporting data attached: Staff Report, Maps, Reso. Phone: 5226 Ward: 4 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct. Description) N/A Finance: Council Notes: ~.50 2008-373 Agenda Item No. 33 , t>.r. -"8 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public hearing - 4:00 p.m., Resolution Ordering Work relative to the proposed Foothill Drive and Sterling Avenue Area Landscape Maintenance Assessment District No. 1058 (Tentative Tract No. 14112). BACKGROUND: On June 3, 1998, the Planning Commission approved Tentative Tract Map No. 14112, generally located on Sterling Avenue, north of Foothill Drive. On November 29, 2006, Sterling Heights LLC, the developer/owner of this property, submitted a petition for the formation of a landscape maintenance assessment district, as required by the conditions of approval for the development of this site. The formation of the district has been delayed because of numerous issues that have not been rectified until recently. The formation of this 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 areas to be maintained by the District will be landscaping with slopes along portions of Sterling Avenue, Gill Court, Danika Court, Bluff Court, Briar Court, Brooks Court, Daily Canyon Road, and Canyon Edge Road, and Lot 25 all within Tentative Tract No. 14112 boundaries. Other areas to be maintained will be the fuel modification thinning area within the Tract boundaries, within the San Bernardino County Flood Control permit area, within City Water Department property, and all retention basins, catch basins, debris basins, valley gutters, and storm ceptors located within the Tract boundaries. Currently, the boundary of the Tract contains a total of 2 parcels of land, but once the final map for Tract Map No. 14112 is approved and recorded, it will create 56 residential lots (initially 55 buildable parcels) and the annual cost of maintenance and incidentals will be spread across these 55 residential lots. Lot 25 will not be assessed until an easement is obtained within a portion of Assessor's Parcel No. 0285-071-10 (shown as future Fuel Modification area), and the City's easement across Lot 25 is relinquished, at which time Lot 25 will be an assessable parcel. 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 on file in the City Clerk's office. As set forth in the Engineer's Report, the estimated total annual assessment, including all incidental expenses, is estimated to be $273,294.45. As required by law, only special benefit may be assessed to properties within an assessment district. Any benefit found to be a general benefit may not be assessed to the District. As set forth in the Engineer's Report, 100% of the cost of landscape maintenance and appurtenances within Tentative Tract No. 14112 is deemed to be a special benefit and this amount will be spread across the 55 lots within the District. The annual maintenance cost per lot will be $4,968.99. Although this annual assessment amount per lot is higher than for other districts, this area consists of large open areas of maintenance and slopes that are not usually seen in other districts, as well as a relatively small number of lots in comparison to the total maintenance area. The Engineer's Report allows for annual increases of CPI (Consumer Price Index) or 5%, whichever is less, to cover increases Staff Report - continued in maintenance costs. Increases over this amount will either need to be approved by the property owners within the District, or be paid for by the City. On August 18,2008, Resolution ofIntention No. 2008-321 was adopted, setting a public hearing for October 6, 2008, and preliminarily approving the Engineer's Report. Notice of the hearing and assessment ballots were mailed to the owner of record. Since all of the properties within the District are currently under one ownership, a majority protest is not anticipated. 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. 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 the ballots returned in support for the proposed district exceed the ballots returned in opposition to the proposed district. A majority opposition to the formation of the district is not anticipated. All future buyers will be given a disclosure notice by the developer, advising them of the existence of an assessment district and the proposed annual cost. 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. Estimated costs of annual maintenance in the amount of $273,294.45, deemed to be a special benefit, will be assessed back to property owners within the Assessment District. This District will have no general benefit amount that will need to be paid by the City. RECOMMENDATION: Staff recommends that the public hearing be closed and the attached resolution be adopted. ATTACHMENTS: - Vicinity Map - Diagram Map - Resolution LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1058 Highland Ave. Base Line St. 5th 51. Central Ave. ,; i( . o " . o ~ 0. i= Mill 51. Orange how Rd. "' , o VICINITY MAP NO SCALE ::J . CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No.1 058 - Foothill Drive & Sterling Avenue Area (Tentative Tract Map 14112) ~ indicates un-incorporated areas within City's ~ Sphere of Influence Created by: Ryan Sandoval Date: 4/15/08 ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. lOSS Fllad In tho offlc9 of the City Clerk In the City 01 San Bernardino thls_dllyd .20_" RACHEL CLARK, CilyClerk,CityoISllnB"ITl8rdlno I herebycertity lhatlhe map showing the proposed IxxndaOasfor Ms"S'lment District No.1.QM.ln \hll City of Sa" Bernardino, County of San Bernardino. State of California, was approved by the Mayor Ilnd Common Council oflhe City 01 San Bernardino ala regular maetlnglhereof,heldOn tho_dayol' ,20-, by Resolution No. ,and has been flied In lheofflceoftha Counly RecorderolSan Bemardlno County on the_day of ,20 In Book pagels) of Maps of ASSeSSment and Community FacllltlosDlslrlds. RACHEL ClARK, CiIy Clerk. City of San Bemardlno Recorded In lhe office of the CIlyEnglneerthls_dayof "'-. CITY ENGINEER CllyofSlInBernllrdno An assessment was levied by the Mayor and Common Cooncl oIlhe CllyotSIlO Bemardlno on the Iots,pleces, and part:e1sofUleIand shown on this assessment diagram. Said assessment was kMed on the_day 01 .20~the assessment diagram and the assessment roll were mcon:led In the offlca ot the City Englneerotsald City on Ihe_deyof .20 Reference is mado to tho asses.smont roN reoorded In ih90fflce at tho City En~ forthe exact amount of eech esses.smentlevled against each p....-celoftend shown on this assessment lIagmm. RACHEL CLARK City Cieri<. City of San Bernardino San Bemardlno County Recorder's Certiftcale This maphaa been flied under Document Numoor thls_dayot 20-,a~.m,ln Book_ot etpege_, at the request oIthe City of San Bemardlno in Iheamount ," Larry Walker Audltor-ControRer/Recorder County ot Sen Bemardlno By: Deputy Recon:ler VICINITY MAP FOOTHILL DRIVE AND STERLING A VENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA PTN. aoY. LOT 1 _O/55-J72-]6 o ~ ~ o eo 120 mlTATM:7RACIN(), '4112~ , - LEGEND: ASSESSMENT DlSTRlCT BOUNOAflYSfiOVVNTHUS: AIlEASOF MAINTENANCE SHOWN THUS: ~ 1///0'//...1 AIlEAS OF FUEL MOO SHOWN THUS: ASSESSMENT NUMBEflS SHOWN THUS: CD ---'~iji ~ N!l ASSESSED SHOWN THUS: @ 0...." ..- .- CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBUC WORKS DIVISION DRAWING NO. 12472A ^~, FOOllULL DRNE AND STERLING AVENUE :10_ AREA. LANDSCAPE :o.tAINTENANCE ASSESSMENT DISTRICT ...,.,.....J...", ---!..-.",.,." 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 cC (Q) U~5)~')l 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 FOOTHILL DRIVE AND STERLING AVENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1058, ORDERING THE WORK, CONFIRMING THE 2009-2010 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMIT A TION 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 August 18, 2008, 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. 1058, which is on file in the office of the City Clerk, and adopted Resolution No. 2008-321 entitled: "RESOLUTION OF THE CITY QF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE FOOTHILL DRIVE AND STERLIN~ AVENUE AREA WITHOUT COMPLIANCE WITH THE SPECIALASSESSMENT I~STIGATION, 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. 1058; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING." 09/09/08 I 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... FOOTHILL DRIVE AND STERLING A VENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1058, ORDERING THE WORK, CONFIRMING THE 2009-2010 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 )CIIID 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 prolests, if any, 10 the formation ofthe proposed dislrict, 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 Ihe City Clerk; and WHEREAS, an Assessment Roll has been prepared totaling $273.294.45. which seIs forth the individual assessments to be levied on each of the parcels of land within Assessment District No. 1058, for the fiscal year 2009-2010, as set forth in the Engineer's Report, as now submitted, on file in the office of the City Clerk. // BE IT RESOL YED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That a Public Hearing having been held on October 6, 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 that the ballots submitted in favor of the assessment exceed the ballots submitted in opposition to 09/09/08 2 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... FOOTHILL DRIVE AND STERLING A VENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT..,NO. 1058, ORDERING THE WORK, CONFIRMING THE 2009-2010 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. 1058, along with the work and appurtenances described in said Resolution No. 2008-321 and ~aid 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. 1058 as now submitted, together with a Diawam 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. 1058 are correctly set forth on Assessment Roll No. 1058 for the fiscal year 2009-2010, as set forth in 09/09/08 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...F1NDlNG AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST... FOOTHILL DRIVE AND STERLING A VENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT D1STRICT...NO. 1058, ORDERING THE WORK, CONFIRMING THE 2009-2010 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. 2008-321 and said // Engineer's Report for a description of the work, the extent of the assessment district, the fmancing 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-Cont~oller for the County of San Bernardino with the request that the individual assessments as shown on Assessment Roll No. 1058 be placed on the subject 2009-2010 property tax bills for collection together with all other property taxes. 09/09/08 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 RESOLUTlON...FINDlNG AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST... FOOTHILL DRIVE AND STERLING A VENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DlSTRICT...NO. 1058, ORDERING THE WORK, CONFIRMING THE 2009-2010 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 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: NAYS ABSTAIN ABSENT AYES ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK // City Clerk The foregoing resolution is hereby approved this _ day of ,20_ PATRICK J. MORRIS, Mayor City orSan Bernardino Approved as to form: 1.~ ES F. PENMAN, City Attorney v 09/09/08 5