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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 - Acacia Avenue and Hill
Drive Area Landscape Maintenance Assessment
District No.1 040 (Tract No. 10260).
Dept: Development Services
Date: November 30, 2005
File No.14.40-134 MCC Date: 12-19-2005
Synopsis of Previous Council Action:
10/21/1985 - Tract Map No. 10260 was approved, with conditions.
09/19/2005 - Resolution No. 2005-323 was adopted approving the standard form of agreement
for Tract No. 10260 with Gardner Construction and Development, Inc.
11/07/2005 - Authorization was given to proceed with the formation of the Acacia Avenue and
Hill Drive Area Landscape Maintenance Assessment District No. 1040, and Resolution of
Intention No. 2005-372 was adopted.
12/05/2005 - Public Meeting was held and item carried over to the Public Hearing on 12-19-05.
Recommended Motion:
I. That the public hearing relative to the formation of the Acacia Avenue and Hill Drive Area
Landscape Maintenance Assessment District No. 1040 be closed; AND
2. Adopt Resolution
~~.~
, James Funk
Contact person: LASZLO "Les" FOGASSY
Supporting data attached: Staff Report, Map, Res.
Ward:
FUNDING REQUIREMENTS: Amount:
$4,000 (Processing fee paid by applicant)
Source: (Accl. No.) 254-000-2301-6027
(Accl. Description) Assessment District Deposits
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public hearing and Resolution Ordering Work - Acacia Avenue and Hill Drive Area Landscape
Maintenance Assessment District No.1 040 (Tract No. 10260).
BACKGROUND:
On October 21. 1985. Tract Map No. 10260, located at the north of Hill Drive, and east and west
of Acacia Avenue was approved with conditions. At that time, the development was owned by
John C. Heers. Inc.. but was never developed. Subsequently. the development was acquired by
Gardner Construction and Development, Inc. and a new standard form of agreement with
Gardner was approved on September 19,2005.
A petition for the formation of a Landscape Maintenance Assessment District was submitted to
the City on November I, 2004 by Gardner Construction and Development, Inc., and the
formation fee of $4.000 was paid on June 10, 2004. The petition represents 100% of the property
owned and proposed to be assessed within the Assessment District. Part of the conditions, as
approved and amended. includes the installation of landscaping along the southerly and westerly
sides of the Tract and the maintenance of a fuel modification area along the northerly portion of
the Tract, within San Bernardino County Flood Control property. The developer. on behalf of the
City of San Bernardino. has acquired a permit from the San Bernardino County Flood Control
District to enter into the Flood Control property for the purpose of maintaining the fuel
modification area.
Tract No. 10260 consists of 46 single-family lots. The annual cost of maintenance and
incidentals will be spread across these 46 lots. The Engineer's Report, which details the costs
necessary to carry out the ongoing maintenance of landscaping, is on file in the office of the City
Clcrk. As required by law. only special benefit may be assessed to properties within an
assessment district. Any benefit fO,und to be a general benefit may not be assessed to the District.
As set forth in the Engineer's Report. all of the proposed maintenance has been determined to be
100% special benefit to the lots within the district and all of the costs will be assessed
accordingly. The estimated first year's cost of maintenance is $35,667 and will be spread across
the 46 lots within the District. The estimated annual maintenance cost per lot will be $775. The
Engineer's Report allows for annual increases ofCPI (Consumer Price Index), or 5%, whichever
is less. to cover increases in maintenance costs. Increases over this amount will either need to be
~rrroved bv the property owners within the District. or be paid for by the City.
I he assessmcnts for this District are higher than the normal range has bcen in the past due to a
high ratio of maintenance area to the number of lots, primarily due to the requirement of a fuel
modification area to the north of the Tract. in addition to the landscaped slopes along the south
portion of the T mct.
On November 7.2005. Resolution of Intention No. 2005-372 was adopted. setting a public
meeting I{)r December 5. 2005 and a public hearing for December 19.2005. Notices were mailed
Staff Report - Continued
to the owners of records, or as otherwise known, along with assessment ballots. On the date of
mailing of notices, the developer advised us that 8 of the homes had been sold and provided this
office with the names and addresses of the new owners. The developer has returned ballots
supporting the district.
On December 5. 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 annual cost.
Formation of the assessment district will require the adoption of the attached resolution and will
require a four-fifths (4/5'11) affirmative vote of the council members voting thereon
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 DIAGRAM
ASSESSMENT DISTRICT NO. 1040
ACACIA A VENUE AND HILL DRIVE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
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CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
DRAIJING
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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 ACACIA AVENUE AND HILL DRIVE, APPROVING
THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO
COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT
NO. 1040, 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 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 November 7, 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. 1040, which is on file in the otlice of the City Clerk, and adopted Resolution No.
2005-372 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 ACACIA AVENUE AND HILL DRIVE 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. 1040; PRELIMINARIL Y APPROVING THE
ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC
HEARING."
12/15/2005
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RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST...APPROVING THE
1 ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1040, ORDERING WORK AND
APPROVING 2006-2007 ASSESSMENT ROLL, (ACACIA A VENUE AND HILL DRIVE AREA LANDSCAPE
2 MAINTENANCE ASSESSMENT DISTRICT).
Said resolution was duly published and legal notice was 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
WHER:EAS, 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 $35,667.94, which sets forth
the individual assessments to be levied on each of the parcels of land within Assessment District
No. 1040, 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 December 5, 2005, and a Public
Hearing having been held on December 19,2005, 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.
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
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RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST...APPROVING THE
1 ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1040, ORDERING WORK AND
APPROVING 2006-2007 ASSESSMENT ROLL, (ACACIA A VENUE AND HILL DRIVE AREA LANDSCAPE
2 MAINTENANCE ASSESSMENT DISTRICT).
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. 1040, along with the
work and appurtenances described in said Resolution No. 2005-372 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. 1040, 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.
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.1 040,
are correctly set forth on Assessment Roll No. 1040, for the fiscal year 2006-2007, as set forth in
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RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST...APPROVING THE
ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1040. ORDERING WORK AND
APPROVING 2006-2007 ASSESSMENT ROLL. (ACACIA A VENUE AND HILL DRIVE AREA LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT).
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 1, Section 15301 (c).
SECTION 9. Reference hereby is made to said Resolution No. 2005-372 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.1 040, be placed on the
subject 2006-2007 property tax bills for collection together with all other property taxes.
/II
12/15/05
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RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTESLAPPROVING THE
1 ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO, 1040, ORDERING WORK AND
APPROVING 2006-2007 ASSESSMENT ROLL, (ACACIA AVENUE AND HILL DRIVE AREA LANDSCAPE
2 MAINTENANCE ASSESSMENT DISTRICT).
I HEREBY CERTIFY Ihat 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
By:
12/15/05
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