HomeMy WebLinkAbout34-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Subject: Public hearing - 4:00 p.m., and
Resolution Ordering Work - Palm Avenue
and Irvington A venue area Landscape
Maintenance Assessment District (AD 1043,
Zone I and Zone 2, Tract Nos. 15940 and
16457).
MCC Date: 12-05-2005
Dept: Development Services
Date: November 16,2005
File No. 14.40-134
Synopsis of Previous Council Action:
04/1812005 - Tract Nos, 15940 and 16457 were approved, with conditions.
10/17/05 - Authorization was given to proceed with the formation of the Palm A venue and
Irvington Avenue area Landscape Maintenance Assessment District No. 1043, Zone I and
Zone 2, and Resolution ofIntention No. 2005-340 was adopted.
11/21/05 - Public Meeting was held and item carried over to the Public Hearing on 12-05-05.
Recommended Motion:
I. That the public hearing relative to the formation of the Palm Avenue and Irvington Avenue
area Landscape Maintenance Assessment District No. 1043, Zone I and Zone 2, be closed.
AND
2. Adopt resolution (4/5ths vote required).
~~~~
James Funk
Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Maps & ResWard: 5
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee p~id by applicant) .
$673 General Benefit maintenance costs to be pald
by the City.
Source: (Acct. No.) 254-000-2301-6030/6031 (Processing Fee)
001-182-5506-0000 (General Benefit costs)
(Acct. Description) Assessment District. Deposits!
Real Property Landscape Contracts
Finance:
Council Notes:
Agenda Item No.
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1~15105
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public hearing and Resolution Ordering Work - Palm A venue and Irvington A venue area
Landscape Maintenance Assessment District (AD 1043, Zone I and Zone 2, Tract Nos. 15940
and 16457).
BACKGROUND:
On April 18, 2005, Tract No. 15940, located on the east side of Palm Avenue, north of
Irvington Avenue, and Tract No. 16457, located on the west side of Palm Avenue, north of
Irvington Avenue was approved. John Laing Homes, the developer of the tract, submitted a
petition on behalf of the owner for the formation of a landscape maintenance assessment district,
as one of the conditions of approval for both tracts. 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 District will contain two zones based upon
the benefit received. The areas to be maintained by the district will be landscaping along portions
of the west side of Palm Avenue, the north side of Irvington Avenue, and along portions of Blue
Mountain Street within Tract No. 15940 for Zone I; and along portions of the north side of
Irvington Avenue, the west side of Olive Avenue, the east side of Mount Carmela Lane, the west
side of Eagles Glen Street, and the east and west sides of Mt. McKinley Way, within Tract No.
16457 for Zone 2. The developer has paid the required $4,000 formation fee.
Tract No. 15940 (Zone I) consists of 41 single family lots. The annual cost of maintenance and
incidentals will be spread across these 41 lots. An Engineer's Report, which details the costs
necessary to carry out the ongoing maintenance oflandscaping, is on file in the office of the City
Clerk. As set forth in the Engineer's Report, the estimated annual assessment for Zone I is $238
per single family lot. Tract No. 16457 (Zone 2) consists of 47 single family lots. The estimated
annual assessment per single family lot for this zone is $394. Zone 2 has proportionally larger
areas of landscaping and thus a higher proposed assessment. Since a portion of the landscaping
along Palm Avenue in Zone I is along a secondary arterial, a portion of the landscaping costs
cannot be assessed to the District since this portion has been determined to be a general benefit,
as defined in said Engineer's Report. This amount is estimated to be $673 annually, and will
need to be funded from the general fund or other non-district funding source.
On October 17, 2005, Resolution No. 2005-340 was adopted, preliminarily approving the
Engineer's Report and setting a public meeting for November 21,2005 and a public hearing for
December 5, 2005. Notices and Assessment Ballots were mailed to the owner of record.
Currently, the developer owns 100% of the parcels and none have been sold at this time.
On November 21, 2005, the public meeting was held and the matter continued to the public
hearing. 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. All potential home buyers will be given a
disclosure notice by the developer, advising them of the existence of an assessment district and
the proposed annllalcost.
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Fonnation of the assessment district will require the adoption of a resolution and will require a
four-fifths (4/51h) affinnative vote of the council members present and voting.
FINANCIAL IMPACT:
Applicant has paid the $4,000 processing fee and all subsequent work carried out in the district
will be assessed back to property owners, with the exception of $673, detennined to be a general
benefit. This amount will need to be funded from the general fund or other non-district funding
source and will need to be transferred into 001-182-5506-0000 (Real Property Landscape
Contracts) when the City assumes the maintenance at a later date.
RECOMMENDATION:
Staff recommends that the public hearing be closed and the attached resolution be adopted.
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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 AREA OF PALM AVENUE AND IRVINGTON AVENUE,
APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS
ASSESSMENT DISTRICT NO. 1043, ZONE 1 AND ZONE 2, ORDERING THE WORK,
CONFIRMING THE 2006-2007 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 October 17,2005, 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. 1043, Zone I and Zone 2, which is on file in the office of the City Clerk, and adopted
Resolution No. 2005-340 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 PALM AVENUE AND IRVINGTON 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. 1043, ZONE 1 AND ZONE 2; PRELIMINARILY
11/14/2005
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RESOLUTION FINDING AND DE'fERMINING LESS THAN A MAJORITY PROTEST...APPROVING THE
ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1043, ZONE I AND ZONE 2, ORDERING
WORK AND APPROVING 2006-2007 ASSESSMENT ROLL, (PALM A VENUE AND IRVINGTON A VENUE
AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC
MEETING AND PUBLIC HEARING."
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which said resolution duly and legally 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 XmD of the
Calif<;>rnia 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 $9.769.48 for Zone 1. and
$18,533.04 for Zone 2. which sets forth the individual assessments to be levied on each of the
parcels ofland within Assessment District No. 1043, Zone I and Zone 2, for the fiscal year 2006-
2007, 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 Meeting having been held on November 21,2005, and a Public
Hearing having been held on December 5, 2005, 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.
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RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST...APPROVING THE
ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1043, ZONE I AND ZONE 2, ORDERING
WORK AND APPROVING 2006-2007 ASSESSMENT ROLL, (PALM A VENUE AND IRVING TON A VENUE
AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
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
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 voting thereon, the formation of Assessment District No. 1043, Zone I and Zone
2, along with the work and appurtenances described in said Resolution No. 2005-340 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. 1043, Zone I and Zone 2, 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.
11/14/05
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RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST...APPROVING THE
ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1043, ZONE I AND ZONE 2, ORDERING
WORK AND APPROVING 2006-2007 ASSESSMENT ROLL, (PALM A VENUE AND IRVINGTON A VENUE
AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRJCT).
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. 1043,
Zone I and Zone 2, are correctly set forth on Assessment Roll No. 1043, Zonel and Zone 2 for the
fiscal year 2006-2007, as set forth in said Engineer's Report, as now approved, and on file in the
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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. 2005-340 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. 1043, Zone I and Zone
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RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST...APPROVING THE
ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1043, ZONE I AND ZONE 2, ORDERING
WORK AND APPROVING 2006-2007 ASSESSMENT ROLL, (PALM A VENUE AND IRVINGTON A VENUE
AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
2, be placed on the subject 2006-2007 property tax bills for collection together with all other
property taxes.
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: AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
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21 The foregoing resolution is hereby approved this _ day of
,20_.
JUDITH V ALLES, Mayor
City of San Bernardino
ApprQved as to form
and legal content:
JAMES F. PENMAN,
C;'YAtt~j(
By: Wt ' (ldfujj)
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