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HomeMy WebLinkAbout28-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Subject: Public hearing - 4:00 p.m. - and Resolution Ordering Work - Orange Show Dept: Development Services Road and Arrowhead Avenue Landscape Maintenance Assessment District No. 1038 Date: January 20, 2005 (Parcel No. 16222). File No.14.40-128 Synopsis of Previous Council Action: MCC Date: 02-07-2005 11-01-04 - Parcel Map No. 16222 was approved, with conditions. 12-20-04 - Authorization was given to proceed with the formation of the Orange Show Road and Arrowhead Avenue area Landscape Maintenance Assessment District No. 1038, and Resolution ofIntention No. 2004-390 was adopted. 01-24-05 - Public meetinl! was held and item be carried over to the Dublic hearinl!. Recommended Motion: . 1. That the public hearing relative to the formation of the Orange Show Road and Arrowhead A venue Landscape Maintenance Assessment District No. 1038, be closed. AND 2. Adopt resolution (4/5ths vote required) rJ~ Contact person: LASZLO "Les" FOGASSY Phone: 5026 Supporting data attached: Staff Report, Map, Resolution FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant) Ward: 5 Source: (Acct. No.) 254-000-2301-6025 (Acct. Description) Assessment District Deposits Finance: Council Notes: Agenda Item No. *u 519-/DS- 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 Arrowhead Avenue Landscape Maintenance Assessment District No. 1038 (Parcel No. 16222). BACKGROUND: On December 20, 2004, authorization was given to proceed with the formation of a landscape maintenance assessment district within Parcel Map No. 16222, located at the northeasterly comer of Orange Show Road and Arrowhead Avenue. The District is being formed as a condition of approval for this tract, and pursuant to a petition filed by Essex Orange Show Commerce Center, LLC, the developer of this development. The areas to be. maintained include portions of the north side of Orange Show Road, the east side of Arrowhead Avenue, the north and south sides of Orange Show Lane, and the west side of Sierra Way, all within Parcel Map No. 16222. The developer has also paid the required formation fee of $4,000. This development consists of 14 commercial parcels of varying size. The annual cost of maintenance and incidentals will be spread across these 14 parcels. As set forth in the Engineer's Report, which is on file in the office of the City Clerk, the estimated total annual assessment, including all incidental expenses, is $20,093.11. 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 per lot assessment will vary across each parcel but ranges from $694.42 to $2130.71 per parcel. On December 20, 2004, Resolution No. 2004-390 was adopted, preliminarily approving the Engineer's Report and setting a public meeting for January 24, 2005 and a public hearing for February 7,2005. All owners of record were given mailed notice relative to the public meeting and hearing and were also sent assessment ballots, to indicate their support or opposition to the formation of the Assessment District. On January 24, 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 at least 50% of the ballots returned show support for the proposed district or that protests submitted, be 50%, or less, of the total assessment. Currently, all of the lots are under one ownership and all of the ballots have been returned and indicate support for the proposed assessments. All future property 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 (4/51h) affirmative vote of the council members present and voting. Staff Report - AD 1038 Public Meeting -Continued FINANCIAL IMPACT: Applicant has paid the $4,000 processing fee. The costs of all maintenance carried out in the district will be assessed back to property owners. RECOMMENDATION: Staff recommends that the public hearing be closed and the attached resolution be adopted. ASSESSMENT BOUNDARY ASSESSMENT DISTRICT NO. 1038 ORANGE SHOW ROAD AND ARROWHEAD AVENUE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO ~ W ::J Z W > <( . I ,... ...,.. ""'. .... >- 00( ~ I 00( "" "" w Vi ----l-ORANGE-SHOW -LANE---------l 11 ..- I 12 ."- ,- 13 ~ ..- J ,. -- 10 ,..- I ""'" ,.... "..... 7 UI_ ! . 8 -- ! 8 "'- 8 lu"-2 5 , An_ Ii o <( W I ~ o 0:: 0:: <( --~..:-ORANGE- SHOW-ROAD-- -- . I I .-- I N_> I ...... .... ..... ...... 11" @[;ll!, 1liI&IP [J;!]@ ~ ~~ 1P.1liI. 'tl,@@! @..~ 1 .,,- i i i . ,.- 2 ,.- 3 ,.- &SSESSlOHT lIlS1NCT lCI..ItDNtyStfOlM41K1S:____ -- LOCATION OF ASSESSMENT DISTRICT CITY OF SAN BERNARDINO DEPARTMENT Of DEVEl.OPMENT SERVICES PUBUC WORKS DMSION ORANGESHOWIlOADANDAIlIlOWHEADAVENUE AREA LANDSCAl'B MAII'm!NANa! ASSESSMEHr D"""'" VICINITY MAP ::;- ~ ~ u ili ~ ~ i d I FIMIIn...olioIoflNCllyCllflcIn..CI)IoIs..1IMnInIno lliI_dlyof 20__ AACHELClARK, CIlyClMl<.CIl\Iofs.n_ 1"-by~ItIaI...........nlIP~"~ ~oI~DiIlotc:INo.Jllaol"'Cllyals.n ~Caunlyofllanaem.dlno._oIC1Mlm11,_ ___",,"CllJCaundloI"'CllI'oIS1r1_.. N9Mrnweling........MlcIlIIl.._dIl)IoI 2O___bf'-*'" No. .__.....In...olIIlItol...Coo.OIly ~oISana-dlrloCcunty.S_oI~ ..... _ayol 2O_InSoc* _,~.l "'......d"-"'- _CcIrnrnwIIl)'F.....OlIlIIda. ti L( RACHEL CLARK. CIlyCllrt<,CilJoIs.._ ti a:i <ti . - San BemlIldino County R8c0rd8t. Certillcalll ThillTIllphubHnflledundlll"Oocument Number W. day of 2O-,1ll .mln ..... of atpeg8! atthel8llUMtof IntnearnountofS DRAVING .." 11327 LarryWalker Audlb"-ConIrolIanR8co CountyofSanBlmarlllno " _....l.... ...Loam .,.,..,- o o o 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. (b 0) fpy RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT BALLOTS REPRESENTING AT LEAST FIFTY PERCENT (50%) AFFIRMATIVE VOTES FOR THE PROPOSED ASSESSMENT HAVE BEEN RECEIVED AND THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE OF LANDSCAPING IN THE AREA OF ORANGE SHOW ROAD AND ARROWHEAD A VENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1038 ORDERING THE WORK, CONFIRMING THE 2005-2006 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 December 20,2004, 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. 1038, which is on file in the office of the City Clerk, and adopted Resolution No. 2004-390 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 ARROWHEAD 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. 1038; PRELIMINARILY APPROVING THE 01/20/2005 1 o o o 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 LESS THAN A MAJORITY PROTEST.. . APPROVING THE ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1038, ORDERING WORK AND APPROVING 2005-2006 ASSESSMENT ROLL, (ORANGE SHOW ROAD AND ARROWHEAD A VENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT). ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC HEARING." 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 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 $20.093.11. which sets forth the individual assessments to be levied on each of the parcels of land within Assessment District No. 1038 for the fiscal year 2005-2006, 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 January 24, 2005, and a Public Hearing having been held on February 7, 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. 01/20105 2 o o o 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 LESS THAN A MAJORITY PROTEST...APPROVING THE ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1038, ORDERING WORK AND APPROVING 2005-2006 ASSESSMENT ROLL, (ORANGE SHOW ROAD AND ARROWHEAD AVENUE 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 present and voting, the formation of Assessment District No.1 038, along with the work and appurtenances described in said Resolution No. 2004-390 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. 1038 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. 01/20/05 3 o o o 1 2 3 4 RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST.. ,APPROVING THE ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1038, ORDERING WORK AND APPROVING 2005-2006 ASSESSMENT ROLL, (ORANGE SHOW ROAD AND ARROWHEAD A VENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT). SECTION 6. That the Mayor and Common Council do hereby find and determine that the 5 proportionate costs to be levied against the parcels ofland within Assessment District No. 1038 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 are correctly set forth on Assessment Roll No. 1038 for the fiscal year 2005-2006, 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 15301(c). SECTION 9. Reference hereby is made to said Resolution No. 2004-390 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. 1038 be placed on the 01120/05 4 o c o 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 LESS THAN A MAJORITY PROTEST...APPROVING THE ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1038, ORDERING WORK AND APPROVING 2005-2006 ASSESSMENT ROLL, (ORANGE SHOW ROAD AND ARROWHEAD AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT). subject 2005-2006 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: A YES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this _ day of ,20_. JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney I By: ' 5