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Home My WebLink About33-Development Services . . 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 Verdemont Drive Landscape Maintenance Assessment District No. 1032 (Tract No. 14352). File No.14.40-123 Synopsis of Previous Council Action: MCC Date: 11-15-2004 10-20-2003 - Tract No. 14352 was approved, with conditions. 09-07-2004 - Authorization was given to proceed with the formation of the Palm Avenue and Verdemont Drive area Landscape Maintenance Assessment District No. 1032. 09-20-2004 - Resolution of Intention No. 2004-293 was adopted. 11-01-2004 - Public meeting was held and item continued to the public hearing date of 11/15/2004. Dept: Development Services' A L Date: October 27, 2004 0 R 1 G \ N Recommended Motion: 1. That the public hearing relative to the formation of the Palm Avenue and Verdemont Drive area Landscape Maintenance Assessment District No. 1032, be closed. AND 2. Adopt resolution (4/5ths vote required) -~F~ Contact person: LASZLO "Les" FOGASSY Phone: 5026 Supporting data attached: StaffR~port, Maps, ResolutIOn FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant) Ward: 5 Source: (Acet. No.) 254-000-2301-6020 (Acet. Description) Assessment District Deposits Finance: Council Notes: "R-t~::I!ZuYi-3b (', Agenda Item No. 33 1/ J ~/Di/ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public hearing - 4:00 p.m. - and Resolution Ordering Work - Palm Avenue and Verdemont Drive Landscape Maintenance Assessment District No. 1032 (Tract No. 14352). BACKGROUND: On September 9, 2004, staff was authorized to proceed with the formation of a landscape maintenance assessment district within Tract No. 14352, located on the northeast comer of Palm A venue and Verdemont Drive. The formation of this district is a condition of approval for this subdivision, and a letter requesting the formation of the district was received from the developer, Harwood Homes, representing the property owner. The developer has paid the processing fee of $4,000. Tract No. 14352 consists of 65 single family lots. The total annual cost of maintenance and incidentals, which is estimated to be $9,178, will be spread across these 65 lots. The estimated annual assessment is $141.20 per single family lot. On September 20, 2004, Resolution of Intention No. 2004-293 was adopted, preliminarily approving the Engineer's Report, which gives details regarding the district boundaries, proposed maintenance, method of assessment, total cost of maintenance and a proposed assessment roll. The Report is on file in the office of the City Clerk. The resolution also set a public meeting date of November 1, 2004 and a public hearing date of November 15, 2004. Currently, all of the properties within the boundaries of the proposed district are under one ownership. Mailed notice of the public meeting and public hearing was sent along with an Assessment Ballot for each parcel. The Resolution of Intention was published in the Sun newspaper. The developer has stated that no closing of sales is anticipated prior to the public hearing and all potential homebuyers will be given a disclosure of the proposed assessment district and assessment amount. 100% of the mailed Assessment Ballots have been returned and they all indicate support for the proposed assessment. The attached resolution approves the formation of the Assessment District and requires a four-fifths (4/5th) affirmative vote of the council members present and voting for approval. FINANCIAL IMP ACT: 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. LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1032 No Scale 5th St. Mill St. VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1032 - Palm Avenue and Verdemont Drive (Tract No. 14352) Created by: t, H"I1SJ.. Date: IO/;2/;;tj ~ indicates un-incorporated areas ~ within City's Sphere of Influence ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1032 PALM A VENUE AND VERDEMONT DRIVE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO F~1Id In IIwllfllc801ltw City CIMtt In..C!tvals...8errwdno thI'_dayal ,20_ Boundary of Tract No. 14352 RACHel CLARK, CityC",Cilyds.n~ I n.r.by<*tlrylNllhelMplhowlngllwplqlOMdboLnllflMfur AulIs""""DIMrtclNo. .12ia.ln"ClIyofs.n~.Ccurcy of s.n hrlwrdlno. SlMeolc.lllornl., -~IIV"~ IIIlll COIl'lIlIOI'l COI.ft:ll of fw ClI:r of s.n e.m.dno -'. .,... 1Me1lng""',heldQflItlll_lMyd ,2D_by~No ,nhMbMnfl'-dln"'~d" COunIy RKonSerof s.n ~Caunlyon"_dIIr of 20 Inlklolr. ~')_of""'oI~tndec-nunily F-=-.Oinlcla. RACHel CLMK. CIty ClMl, CIty 01 s.n s.n.dno \ '1. ~ ~1n"~oI..CltyEnaw-"_dlIyol ,20_. ACTING CITY ENGINEER City of SIn s.m.nIro ~, An "'1'__ _ t.vIed by.. Mayor" CornmInco.n:ll d ... City gf s.n Benwdk10 on .. ,*, pilaI, n:l1*CIlI aI.. I-.d'hownonthls..~~. &.id-.-c_ l.-.;.donlhe__da)'oI 2lI~ .......umenl~...'-__......fl3I_~ln ... omc. olIN City engNwofMld Cltyllll"_OlIVoI .20 ~.malD" as"'smentroll~lnW;;-afllc:eof"Oly~ IIlrIlw .uct_oflllld'l.....-menIIavIft...-=h~ofllnl ahown on \his ........... dIgr8Ill 'Yo ~~ ?i> @ @ @ @ @ @ <J> ~~ ~'l. @~~ @~ RACHEL ClARk, Cltyo.rk.CJtyols...~ -----------T-' 1 ~~ I 1< I ASSESSUENT DISTRICT a,nd TRACT NO. 14352 D.tfIWtY SKJVN THUSl _ _ _ _ _ Nl(AS or *lNTDWCE SKJVN TtlJS. :"SE~s;e:~ THUS. <D -- San Bernardino County ReCOl'der's Certificate ThiS map has been filed under Document Number this dayaf 20 ,at mln Book of al page allhe request of .. in the amount of S VICINITY MAP CITY OF SAN BERNARDINO IlRA'JING OEPARTMENT OF OEVELOPMENT SER'IICES 112t1l13' A PUBLIC WORKS DIVISION .......J....... PALM AVENUE AND VERDEMONT DRIVE AREA lANDSCAPE MAINTENANCE -L.1ICnI ASSESSMENT DI~Rlcr Larry Walker Audltor.controllerlReoorder County of San Bemardino By Deputy Recorder CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Subject: Public meeting - 4:00 p.m. : formation of a landscape maintenance assessment district in the Palm Avenue and Verdemont Drive area (AD 1032 - Tract No. 14352). Dept: Development Services Date: October 12, 2004 File No.14.40-123 Synopsis of Previous Council Action: MCC Date: 11-01-2004 10-20-2003 - Tract No. 14352 was approved, with conditions. 09-07-2004 - Authorization was given to proceed with the formation of the Palm Avenue and Verdemont Drive area Landscape Maintenance Assessment District No. 1032. 09-20-2004 - Resolution ofIntention No. 2004-293 was adopted. Recommended Motion: That the public meeting relative to the formation of the Palm Avenue and Verdemont Drive area Landscape Maintenance Assessment District No. 1032 be closed, and protests and ballots, if any, be carried over to the public hearing on November 15, 2004, at 4:00 p.m. .~tv'Y\Q,4 'F:IVJL- -(7 James Funk Contact person: LASZLO "Les" FOGASSY Supporting data attached: Staff Report, Maps Ward: FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant) Source: (Acct. No.) 254-000-2301-6020 (Acct. Description) Assessment District Deposits Finance: Council Notes: Agenda Item No. Jg 1I\I\Oq CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public meeting - 4:00 p.m. : formation of a landscape maintenance assessment district in the Palm Avenue and Verdemont Drive area (AD 1032 - Tract No. 14352). BACKGROUND: On September 9, 2004, staff was authorized to proceed with the formation of a landscape maintenance assessment district within Tract No. 14352, located on the northeast comer of Palm Avenue and Verdemont Drive. The formation of this district is a condition of approval for this subdivision, and a letter requesting the formation of the district was received from the developer, Harwood Homes, representing the property owner. The developer has paid the processing fee of $4,000. Tract No. 14352 consists of 65 single family lots. The annual cost of maintenance and incidentals will be spread across these 65 lots. The estimated annual assessment is $142 per single family lot. On September 20, 2004, Resolution of Intention No. 2004-293 was adopted, preliminarily approving the Engineer's Report, which gives details regarding the district boundaries, proposed maintenance, method of assessment, total cost of maintenance and a proposed assessment roll. The Report is on file in the office of the City Clerk. The resolution also set a public meeting date of November 1, 2004 and a public hearing date of November 15, 2004. Currently, all of the properties within the boundaries of the proposed district are under one ownership. Mailed notice of the public meeting and public hearing was sent along with an Assessment Ballot for each parcel. The Resolution of Intention was published in the Sun newspaper. The developer has stated that no closing of sales is anticipated prior to the public hearing and all potential homebuyers are given a disclosure of the proposed assessment district and assessment amount. The public meeting is only an informational meeting and no action can be taken regarding the formation of the assessment district until 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. Formation of the assessment district will require the adoption of a resolution and will require a four-fifths (4/5Ih) affirmative vote of the council members present and voting. Staff Report - AD 1032 Public Meeting -Continued FINANCIAL IMPACT: Applicant has paid the $4,000 processing fee. The costs of all maintenance carried out in the district will be assessed back to property owners. RECOMMENDA nON: Staff recommends that the public meeting be closed and that any protests or ballots submitted be carried forward to the public hearing on November 15,2004. LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1032 No Scale 5th St. Mill St. " o c o u " Orange Show Rd. 2:: ;:: ., , o VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1032 - Palm Avenue and Verdemont Drive (Tract No. 14352) Created by: I r:4 /lSJ; Date: IO/;2/~j ~ indicates un-incorporated areas ~ within City's Sphere of Influence ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1032 PALM A VENUE AND VERDEMONT DRIVE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO FillKllnlhllofficl!oftt-..CityClllrklnlheCllydSW1BemQn.1ino lhis_daro! 20 RACHEL CLARK, City CIerl<.,Clly ofSanBemartllno Boundary of Tract No. 14352 lherebycertifythellhemapshowlnglheproposedbr;lundariesfor Assessment Dlslrk:t No. jQll,in the City ofSsn Bernardino, CcuIty of San 8ernardloo, StlIIfl of CBllfomla, was llJIIlItl'o<<l by Ih8 Mayor and Common Coundl of lhfI City of San BemlIftIino III a fl9Il9r mlllltlngthereof,heldonlhe_dayof ,20_byResolulionNo ,andhesbeenfiledlnlheolllceaflhe County Recorder of 8M Bernardino CO,,"tyon 1he_00y 01 ,20 InBook pagels) ofMaplIofA;;;;"smenttndCcmmunily FilClliliesOistricls RACHEL ClARK CilyClllrk,CllyofSanBemardlno RllCOl'dedlnlheofflclIoflheClIyEng/neeI'lNs day 01 20 ~ ACTING CITY ENGINEER Cit)'ofSanBemardino An IlS$llSSmllnt was levied by !he Mayer and Common Coord aI Ihe Cllyof San 8emsrdlnoon the lois, pIeces,anclplIf'C8Isoflhe land shown on Ihls llssllssment d111l18ffi. Slid assessment was leVied on Ihe_day of 2lI~ the assessment diagram and the 8UIlssmenl roll-.. recorded n lheolflceafIheCilyEogIr>HrolsaldCllyonlhe_dayof .20 Rllrerenc.Is mQdlltolhe Ilssusmenl roll recorded In'''iheiifficlloflheCltyEngiMer forlhll eXllclllmounloflllllChaUllssmllntlllylltdll\llllnl;teao:.:hpart:elDfIand ShowrlOll this IlSsessme'1ldiagrtorn RACHELC\.ARK, CityClerlr.,CilyofSanBemardino ---111 ~~ i 5i~ i ASSESSMENT DISTRICT o.nd TRACT IfJ, 1432 BOUNDARY $tI)\iH THlJ$l _ _ - - San Bernardino County Recorder's Certificate :f~~E:~E: sttlWN THUS' CCC::~~~~CCCi:i:i:::l] ~~s;o<< $KJ'JN THUS_ CD ............ This map has been filed under Document Number this day of 20 ,at ,min Book of at page at the request of .. "" in the amount of $ CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION DR....1NG NO. 11213A larryWalker Auclilor-Cootroller/Recorder County of San Bernardino VICINITY MAP IOCET...LlF PALM AVENUE AND VERDEMONT DRIVE AREA lANDSCAPE MAINTENANCE ....1...HITI ASSESSMENT DISTRICT By Deputy Recorder 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUT~N\O) lP'\f RESOLUTION OF THE CITY OF SAN BERNARDIl'iO 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 PALM AVENUE AND VERDEMONT DRIVE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1032, ORDERING THE WORK, CONFIRMING THE 2005-2006 ASSESSMENT ROLL, AND DETERMINING THA T 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 September 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. 1032, which is on file in the office of the City Clerk, and adopted Resolution No. 22 . , i I 23 24 25 26 27/1 28 2004-293 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 VERDEMONT 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. 1032; PRELIMINARIL Y APPROVING THE 11110/2004 7'10 r 3~ /1 II ~/c;fb 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 RESOLl'TlON FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST. .APPROVING THE ENGINEER'S REPORT, CREA TlNG ASSESSMENT DISTRICT NO. 1032. ORDERING WORK AND APPROVING ~005-2006 ASSESSMENT ROLL, (PALM A VENUE AND VERDE MONT DRIVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT). 4 ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC I\lEETING AND PUBLIC HEARING." \\hich 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 XIIID 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 tile in the office of the City Clerk: and WHEREAS, an Assessment Roll has been prepared totaling $9,178.00 which sets forth the individual assessments to be levied on each of the parcels ofland within Assessment District No.1 032 for the fiscal year 2005-2006, as set forth in the Engineer's Report, as now submitted, on file in the office oftheCity 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 1,2004, and a Public Hearing having been held on 1\ove111ber 1:5. 2004, the Mayor and Common Council, having heard and considered any and all comments received thereon and being tully advised in the premises, hereby determine that any and all protests received represent less than a tvtajority Protest, as represented by the assessment units assessable on the properties represented by said protests. 11/10/04 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 LESS THAN A MAJORITY PROTEST..APPROVING THE [~GINEER'S REPORT, CREA TING ASSESSMENT DISTRICT NO. 1032. ORDERING WORK AND APPROVING 2005-2006 ASSESSMENT ROLL, (PALM A VENUE AND VERDEMONT DRIVE AREA LANDSCAPE 1\tAINTENANCE 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 !vlayor 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. 1032, along with the work and appurtenances described in said Resolution No. 2004-293 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. 1032 as no\\' 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. 11/1 0/04 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 RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST...APPROVING THE ENGINEER'S REPORT, CREATING ASSESSMENT DISTRlCT NO. 1032, ORDERlNG WORK AND APPROVING 2005-2006 ASSESSMENT ROLL, (PALM A VENUE AND VERDEMONT DRIVE AREA LANDSCAPE MAINTENANCE 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.1 032 are correctly set forth on Assessment Roll No.1 032 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 1530I(c). SECTION 9. Reference hereby is made to said Resolution No. 2004-293 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 1':0. 1032 be placed on the 11 II 0/04 4 1 2 3 RESOLUTIOJ\ FIJ\DING AND DETERMINING LESS THAN A MAJORITY PROTESL.APPROYIl\G THE ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. ]032, ORDERING WORK AND APPROVING 2005-2006 ASSESSMENT ROLL, (PALM A VENUE AND VERDEMONT DRIVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT). 4 subject 2005-2006 property tax bills for collection together with all other property taxes, 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the t-.layor and 6 7 8 9 10 11 12 13 14 15 16 17 MCCAMMACK 18 19 Common Council of the City of San Bernardino at a meeting thereof , 20_, by the following vote, to-wit: day of held on the ABSENT ABSTAIN NAYS Council Members: AYES ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON City Clerk 20 The foregoing resolution is hereby approved this _ day of 21 22 23 24 25 26 27 28 ,20_ JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and legal content: JAMES F, PENMAN, City Attornev BY: L t. G/~ o I 1/10104 5