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RESOLUTION(ID# 1486) DOC ID: 1486 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Public Hearing
From: Nadeem Majaj M/CC Meeting Date: 02/06/2012
Prepared by: Ryan Sandoval, (909) 384-5140
Dept: Public Works Ward(s): 1
Subject:
Resolution of the Mayor and Common Council 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, a Detention Basin
and Storm Drains in the Tippecanoe Avenue and Central Avenue Area, Approving the Final
Engineer's Report, Creating an Assessment District to Cover the Costs of Said Maintenance,
Known as Assessment District No. 1068, Ordering the Work, Confirming the 2012-2013
Assessment Roll, and Determining that the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931 Shall Not Apply.
Financial Impact:
The applicant has paid the $5,900 processing fee. Since this is a"default" district, in the event
the property owners default and the City assumes the maintenance,the estimated costs of annual
maintenance in the amount of$34,441.16, deemed to be a special benefit,will be assessed back
to property owners within the Assessment District, and the estimated annual cost of maintenance
in the amount of$3,568.65, deemed to be a general benefit,will need to be paid from the general
fund, The actual general benefit amount will be determined and a source will need to be
identified in the event the City does assume maintenance sometime in the future.
Mayor to open the hearing...
Motion: Close the hearing; and adopt Resolution.
Synopsis of Previous Council Action:
12/05/2011 - Authorization was given to proceed with the formation of the Tippecanoe Avenue
and Central Avenue Area Landscape Maintenance Assessment Districts No. 1068,
and Resolution of Intention No. 2011-319 was adopted.
Background:
On May 21, 2007, the Planning Commission approved Tentative Parcel Map No.
17887/Development Permit Type 2 No. 06-06, generally located easterly of Tippecanoe Avenue
on the northerly and southerly side of Central Avenue. On October 19, 2010, Hillwood
Investment Properties, the developer/owner of this property, submitted a petition for the
Updated:2/1/2012 by Mayra Ochiqui A
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formation of a landscape maintenance assessment district ("District"), as required by the
conditions of approval for the development of this site. The formation of this District will assess
the special benefit costs of maintaining the landscaping, detention basin, storm drains and all
appurtenances to the owners of the properties benefiting from the maintenance area. The areas to
be maintained by the District will be landscaping and all appurtenances along portions of the
north and south side of Central Avenue east of Tippecanoe Avenue; the east side of Tippecanoe
Avenue, south of Central Avenue; the detention basin south of Central Avenue, located within
Parcel 8 of Parcel Map No. 17887; the storm drain and all appurtenances connecting from the
catch basins in Central Avenue to the detention basin; and the storm drain connecting from the
detention basin and terminating at the Santa Ana River, all within the district boundaries.
Currently, the boundary of the district contains a total of nine parcels of land, all within the
boundaries of Parcel Map No. 17887, one of which is the detention basin and will receive no
benefit as it will remain undevelopable. The annual cost of maintenance and incidentals will be
spread across the remaining eight parcels receiving special benefit. 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 the District and is attached for your review. 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, the landscaping along Tippecanoe Avenue and Central Avenue has been
deemed to be of a general benefit. The general benefit portion of the annual cost of maintenance
is estimated to be $3,568.65 and cannot be assessed to the District. This amount will need to be
paid from the general fund or other non-district fund source. As set forth in the Engineer's
Report, the estimated total annual assessment, including all incidental expenses, is $34,441.16.
Assessment units on commercial land are assigned to each parcel based on the number of 7,200
square foot single family lots that could be developed on the site if it were developed for
residential use and gives a basis for calculating the assessment spread. In essence, each parcel is
assessed in proportion of its size to the other parcels within the district. The Engineer's Report
allows for annual increases of CPI (Consumer Price Index) or 5%, whichever is less, to cover
increases 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.
The developer/owner has requested this Landscape Maintenance Assessment District to be a
"default" district, where the property owner will be maintaining the landscaping along Central
Avenue and Tippecanoe Avenue, but the City or designated contractor will maintain the
detention basin and storm drains,which those maintenance costs will be assessed to those parcels
within the district. The Assessment District will assume maintenance of the landscaping in the
event of default of the maintenance by the owner. However, the City will collect the first year's
maintenance cost, which will be held in reserve in the event that the City has to take over the
maintenance. A resolution approving the execution of the Maintenance Agreement has been
prepared and is attached for your action.
On December 5, 2011, Resolution of Intention No. 2011-319 was adopted, setting a public
hearing for February 6, 2012, and preliminarily approving the Engineer's Report. Notice of the
hearing and assessment ballots were mailed to the owner of record. Since the developer still
owns all of the parcels, a majority protest is not anticipated. Future property owners will
purchase the parcels subject to the Assessment District and will be given disclosure of the
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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.
The Maintenance Agreement will need to be considered prior to the adoption of the resolution
creating the Assessment District, which will require a four-fifths (4/5) affirmative vote of the
Council members voting thereon.
City Attorney Review:
Supporting Documents:
RCA Attach-Vicinity Map - Southgate (PDF)
RCA Attach-Engineers Report REV 2011-10-25 - Southgate (PDF)
RCA Attach-Engineers Report-Exhibit 1 -Vicinity Map (PDF)
RCA Attach-Engineers Report-Exhibit 2 -Boundary Map (PDF)
RCA Attach-Engineers Report-Exhibit 3 -Diagram Map (PDF)
RCA Attach-Engineers Report-Exhibit 4 -Notice of Exemption (PDF)
RCA Attach-Engineers Report- Exhibit 5 -Proposed AD Roll (PDF)
Resolution (PDF)
Combined Item with ID 1485(TXT)
Updated:2/1/2012 by Mayra Ochiqui A
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RESOLUTION
1 NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO FINDING AND DETERMINING THE EXISTENCE OF
3 LESS THAN A MAJORITY PROTEST, THAT BALLOTS SUBMITTED IN FAVOR
4 OF THE ASSESSMENT EXCEED THE BALLOTS SUBMITTED IN OPPOSITION
TO THE ASSESSMENT AND THAT THE PUBLIC CONVENIENCE AND `V
5 NECESSITY REQUIRE THE MAINTENANCE OF LANDSCAPING, A DETENTION
BASIN AND STORM DRAINS IN THE TIPPECANOE AVENUE AND CENTRAL 0
6 AVENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING
7 AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, a
KNOWN AS ASSESSMENT DISTRICT NO. 1068, ORDERING THE WORK,
8 CONFIRMING THE 2012-2013 ASSESSMENT ROLL, AND DETERMINING THAT
THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY
9 PROTEST ACT OF 1931 SHALL NOT APPLY.
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WHEREAS, pursuant to Chapter 12.90 of the San Bernardino Municipal Code, the 2
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12 Mayor and Common Council of the City of San Bernardino have preliminarily found that the a
public interest, convenience, and necessity require the maintenance of landscaping in a portion °
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14 of the City, as more fully hereinafter described, and the appurtenances and appurtenant work Q
15 and incidental costs and expenses in connection therewith, that the project is feasible, and that a.
16 the lands to be assessed will be able to carry the burden of the proposed assessments to pay v
17 the costs and expenses thereof; and
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WHEREAS, on December 5, 2011, the Mayor and Common Council of the City of )
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20 San Bernardino preliminarily approved the Engineer's Report relative to the formation of
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21 Assessment District No. 1068, which is on file in the office of the City Clerk, and adopted
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22 Resolution No. 2011-319 entitled:
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"RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY E
24 OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A
25 LANDSCAPE, DETENTION BASIN AND STORM DRAIN MAINTENANCE a
26 ASSESSMENT DISTRICT LOCATED IN THE TIPPECANOE AVENUE AND
CENTRAL AVENUE AREA WITHOUT COMPLIANCE WITH THE SPECIAL
27 ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT
OF 1931; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK
28 WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1068;
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QPRELIMINARILY APP
1 ROVING THE ENGINEERS REPORT AND GIVING
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NOTICE OF A PUBLIC HEARING."
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F which said resolution duly and Iegally was published and notice given of a Public Hearing in
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4 the manner required by law, and pursuant to Section 4 of Article XIIID of the California
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5 Constitution, all property owners given notice were also given an Assessment Ballot to
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6 indicate support or opposition to the proposed assessment, and written objections and protests, a,
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7 if any, to the formation of the proposed district, the work to be done or the extent of the
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district to be assessed were heard and considered; and
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WHEREAS, a Diagram of the Assessment District has been prepared and is on file in =
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11 the office of the City Clerk; and o
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12 WHEREAS, an Assessment Roll has been prepared totaling $34,441.16, which sets
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forth the individual assessments to be levied on each of the parcels of land within Assessment Q
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District No. 1068, for the fiscal year 2012-2013, as set forth in the Engineer's Report, as now o_
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submitted, on file in the office of the City Clerk.
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17 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That a Public Hearing having been held February 6, 2012, the Mayor
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and Common Council, having heard and considered any and all comments received thereon
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21 and being fully advised, hereby determine that any and all protests received represent less than
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22 a Majority Protest, as represented by the assessment units assessable on the properties
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represented by said protests.
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SECTION 2. That ballots having been received and considered, it is hereby
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26 determined that the ballots submitted in favor of the assessment exceed the ballots submitted
27 in opposition to the assessment.
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1 SECTION 3. That it is hereby determined that all properties, parcels and lots within
2 the boundaries of the Assessment District receive a local and direct benefit for the works of
3 improvement as proposed for said Assessment District, except for portions determined to be
4 of a general benefit as set forth in said Engineer's Report, and it is hereby further determined r
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and declared that all assessable costs and expenses have been apportioned and spread over the
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properties within the boundaries of the Assessment District in direct proportion to the benefits a
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8 received thereby.
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9 SECTION 4. That the public convenience and necessity require the proposed
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maintenance and the Mayor and Common Council hereby order, by an affirmative vote of not
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less than 4/5ths of its members present and voting, the formation of Assessment District No. a
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1068, along with the work and appurtenances described in said Resolution No. 2011-319 and °
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14 said Engineer's Report as herein approved and that the Special Assessment Investigation,
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15 Limitation and Majority Protest Act of 1931 shall not apply. a
16 SECTION 5. That the Engineer's Report relative to the formation of Assessment
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District No. 1068 as now submitted,together with a Diagram of the Assessment District, both M
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on file in the office of the City Clerk, are hereby accepted and approved and that said T)
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Engineer's Report shall stand as the Report for all future proceedings for this Assessment
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21 District. 3
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22 SECTION 6. That the Mayor and Common Council do hereby find and determine that m
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the proportionate costs to be levied against the parcels of land within Assessment District No. E
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1068 are correctly set forth on Assessment Roll No. 1068 for the fiscal year 2012-2013, as set
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26 forth in said Engineer's Report, as now approved, and on file in the office of the City Clerk of
27 the City of San Bernardino, and do hereby confirm said assessments.
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SECTION 7. The City 1 y Cler k is hereby directed and authorized to publish a Notice
2 Inviting Bids for performing the work ordered, in the San Bernardino County Sun, a
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{ 3 newspaper published and circulated in said City, according to the specifications prepared or as
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j 4 will be prepared by the City Engineer and on file or to be filed in the office of the City
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Engineer, at such time when the installation of the landscaping and appurtenances has been 0
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accepted by the City. The contract will be awarded pursuant to standards used by the City in
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8 the award of Public Works contracts.
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9 SECTION 8. It is hereby determined that the formation of the assessment district is
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categorically exempt from the requirements of the California Environmental Quality Act 2
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(CEQA),pursuant to Class 1, Section 15301(c). a.
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SECTION 9. Reference hereby is made to said Resolution No. 2011-319 and said
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14 Engineer's Report for a description of the work, the extent of the assessment district, the '
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15 financing alternatives and for further particulars. a.
16 SECTION 10. That the City Clerk is directed to cause a copy of this Resolution to be 00
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17 transmitted to the office of the Auditor-Controller for the County of San Bernardino with the M
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request that the individual assessments as shown on Assessment Roll No. 1068 be placed on
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the subject 2012-2013 property tax bills for collection together with all other property taxes.
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RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LE
p SS THAN A MAJORITY
1 PROTEST... TIPPECANOE AVENUE AND CENTRAL AVENUE AREA, APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1068, ORDERING THE
2 WORK, CONFIRMING THE 2012-2013 ASSESSMENT ROLL, AND DETERMINING THAT THE
SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF
3 1931 SHALL NOT APPLY.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a meeting aEi
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thereof,held on the day of ,2012, by the following vote,to wit: a
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8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ
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JENKINS 2
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12 BRINKER
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13 SHORETT °
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14 KELLEY '
15 JOHNSON
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19 Rachel G. Clark,CMC, City Clerk d
20 The foregoing resolution is hereby approved this day of , 2012, o
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Patrick J. Morris, Mayor
23 City of San Bernardino a=i
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24 Approved as to form:
2S JAMES F. PENMAN, Q
City A torney
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27 By.
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This item should be combined with ID 1485 (Maintenance Agreement) and be heard
together at the council meeting.
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