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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Subject: Public hearing - 4:00 p.m. - and
Resolution Ordering Work - Palm Avenue
and Meyers Road Landscape Maintenance
Assessment District No. AD 1035 - Tract
Nos. 13572 and 15538).
File No.14.40-125
Synopsis of Previous Council Action: MCC Date: 11-15-2004
10/20/2003 - Tract Nos. 13572 and 15538 were approved, with conditions.
09/20/2004 - Authorization to proceed was given, and Resolution ofIntention No. 2004-294
was adopted, relative to the formation of a landscape maintenance assessment district in the
Palm A venue and Meyers Road area.
11/01/2004 - Public meeting was held and item continued to the public hearing date of
11/15/2004.
From: JAMES FUNK, Director
Dept: Development Servie R \ G \ N A L
Date: October 27, 2004
Recommended Motion:
1. That the public hearing relative to the formation of the Palm Avenue and Meyers Road area
Landscape Maintenance Assessment District No.1 035, be closed.
AND
2. Adopt resolution (4/5ths vote required).
--h,~
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: (Accl. No.) 254-000-2301-6021
(Accl. Description) Assessment District Deposits
Finance:
Council Notes:
12~6~ 2.(~Y{-3la
Agenda Item No.
39
1111'S/Oct
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public hearing - 4:00 p.m. - and Resolution Ordering Work - Palm Avenue and Meyers Road
Landscape Maintenance Assessment District No. AD 1035 - Tract Nos. 13572 and 15538).
BACKGROUND:
On September 20, 2004, staff was authorized to proceed with the formation of a landscape
maintenance assessment district within Tract Nos. 13572 and 15538, located east and west of
Palm Avenue at Meyers Road. The formation of this district is a condition of approval for these
tracts, and a letter requesting the formation of the district was received from the developer,
Pacific Crest Communities LP, representing the property owner. The developer has paid the
processing fee of $8,000 ($4,000 per tract).
Tract No. 13572 (Zone 1) consists of30 single family lots. The total annual cost of maintenance
and incidentals for Zone 1, which is estimated to be $12,138.60, will be spread across the 30
lots. The estimated annual assessment for Zone 1 is $404 per single family lot. Tract No. 15538
(Zone 2) consists of 13 single family lots. The total estimated annual cost of maintenance and
incidentals for Zone 2, which is estimated to be $1,536.60, will be spread across the 13 lots in
Zone 2. The annual assessment per single family lot for this zone is $118. Zone 2 has relatively
less landscaping and thus a lower proposed assessment.
On September 20, 2004, Resolution of Intention No. 2004-294 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 within
Zone 1 and ballots representing 100% approval of the proposed assessment have been signed
and returned by the developer. However, the developer did state that most of the parcels within
Zone 2 are anticipated to close prior to November 15, 2004. In anticipation of these closings, the
developer forwarded copies of the notice and ballot to the prospective buyers, which were signed
and returned. All but two (2) of the potential buyers indicated approval of the proposed
assessment. The two buyers indicating disapproval of the assessment represent 15% of the total
district, and is still substantially less then 50%.
On November 1, 2004, a public meeting was held and the item continued to the public hearing
on November 15, 2004. Based on the ballots returned and tallied, less than a majority protest
exists in both Zones. The formation of the assessment district will require the adoption of the
Staff Report -Continued
Public hearing and resolution -Assessment District No. 1035
attached resolution, which requires a four-fifths (4/Sth) affirmative vote of the council members
present and voting for approval.
FINANCIAL IMP ACT:
Applicant has paid the $8,000 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 hearing be closed and the attached resolution be adopted.
" .
tOCA TION OF
PROPOSED ASSESSMENT
DISTRICT NO. 1035
ZONE 1 & ZONE 2
No Scale
5th St.
Mill St.
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Orange Show Rd. ~
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1035 - Palm
Avenue and Meyers Road (Zone 1- Tr.
No. 13572; Zone 2 - Tr. No. 15538)
~ indicates un-incorporated areas
~ within City's Sphere of Influence
Created by:
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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 Meyers Road area (AD 1035
- Tract Nos. 13572 and 15538).
Dept: Development Services
Date: October 12,2004
File No.14.40-125
Synopsis of Previous Council Action: MCC Date: 11-01-2004
10/20/2003 - Tract Nos. 13572 and 15538 were approved, with conditions.
09/20/2004 - Authorization to proceed was given, and Resolution of Intention No. 2004-294
was adopted, relative to the formation of a landscape maintenance assessment district in the
Palm Avenue and Meyers Road area.
Recommended Motion:
That the public meeting relative to the formation of the Palm Avenue and Meyers Road area
Landscape Maintenance Assessment District No. 1035 be closed, and protests and ballots, if
any, be carried over to the public hearing on November 15,2004, at 4:00 p.m.
~~Jv
James Funk
Contact person: LASZLO "Les" FOGASSY
Supporting data attached: Staff Report, Maps
Phone: 5026
Ward:
5
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant)
Source: (Acct. No.) 254-000-2301-6021
(Acct. Description) Assessment District Deposits
Finance:
Council Notes:
Agenda Item No.
~9
1\ It 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 Meyers Road area (AD 1035 - Tract Nos. 13572 and 15538).
BACKGROUND:
On September 20, 2004, staff was authorized to proceed with the formation of a landscape
maintenance assessment district within Tract Nos. 13572 and 15538, located east and west of
Palm A venue at Meyers Road. The formation of this district is a condition of approval for these
tracts, and a letter requesting the formation of the district was received from the developer,
Pacific Crest Communities LP, representing the property owner. The developer has paid the
processing fee of $8,000 ($4,000 per tract).
Tract No. 13572 (Zone 1) consists of 30 single family lots. The annual cost of maintenance and
incidentals will be spread across these 30 lots. The estimated annual assessment for Zone 1 is
$404 per single family lot. Tract No. 15538 (Zone 2) consists of 13 single family lots. The
estimated annual assessment per single family lot for this zone is $118. Zone 2 has relatively
less landscaping and thus a lower proposed assessment.
On September 20, 2004, Resolution of Intention No. 2004-294 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
home buyers 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 (4/5111) affirmative vote of the council members present and voting.
Staff Report -
AD 1035 Public Meeting -Continued
FINANCIAL IMPACT:
Applicant has paid the $8,000 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 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. 1035
ZONE 1 & ZONE 2
No Scale
5th St.
Mill St.
III
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o
III
Orange Show Rd. ~
f=
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1035 - Palm
Avenue and Meyers Road (Zone 1- Tr.
No. 13572; Zone 2 - Tr. No. 15538)
~ indicates un-incorporated areas
~ within City's Sphere of Influence
Created by:
Date:
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RESOLUTl~~ [P)f
RESOLUTION OF THE CITY OF SAN BER.."JARDINO FINDING Ai\'D
DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT
BALLOTS REPRESENTING AT LEAST FIFTY PERCENT (50%) AFFIR.l\1ATIVE
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 MEYERS ROAD,
APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS
ASSESSMENT DISTRICT NO. 1035, ZONE 1 AND ZONE 2, ORDERING THE WORK,
CONFIRMING THE 2005-2006 ASSESSMENT ROLL, AND DETERI\1INING THAT THE
SPECIAL ASSESSMENT INVESTIGATION, LIMIT A TION 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.1 035, Zone 1 and Zone 2, \vhich is on file in the office of the City Clerk, and adopted
Resolution No. 2004-294 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 P ALM AVENUE AND MEYERS ROAD AREA WITHOUT
COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMIT A TION
AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS INTENTION TO
PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS
ASSESSMENT DISTRICT NO. 1035, ZONE 1 AND ZONE 2; PRELIMINARILY
11/10/2004
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RESOLUTION, FINDING AND DETERMINING LESS THAN A MAJORlTY PROTEST...APPROVING THE
ENGINEER'S REPORT, CREA TING ASSESSMENT DISTRICT NO. 1035, ZONE I AND ZONE 2.
ORDERING WORK AND APPROVING 2005-2006 ASSESSMENT ROLL (PALM A VENUE AND MEYERS
ROAD VERDEMONT DRIVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
APPROVING THE 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 512,138.60 for Zone I, and
$1,536.60 for Zone 2, which sets forth the individual assessments to be levied on each of the
parcels ofland within Assessment District No. 1035, Zone I and Zone 2, for the fiscal year 2005-
2006, as set forth in the Engineer's Report, as now submitted, on file in the office ofthe City Clerk.
BE IT RESOL VED 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 November 15, 2004, 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.
11110/04
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RESOLUT10N, FINDING AND DETERt\llNING LESS THAN A MAJORITY PROTESL.APPROVI~G THE
ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1035. ZONE I AND ZOc-iE 2,
ORDERING WORK AND APPROVING 2005-2006 ASSESSMENT ROLL (PALM A VENUE AND MEYERS
ROAD VERDEMONT DRIVE 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
recei ved 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 \ Gting, the formation of Assessment District No.1 035, Zone 1 and
Zone 2, along with the work and appurtenances described in said Resolution No. 2004-294 and
said Engineer's Report as herein approved and that the Special Assessment Investigation,
Limitation and fv1ajority Protest Act of 1931 shall not apply.
SECTION 5. That the Engineer's Report relative to the formation of Assessment District
No. 1035, Zone I and Zune 2, as now submitted, together with a Diagram of the Assessment
District, both on file in the ofrice 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.
II! 10/04
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RESOLUTION. FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST...APPRO\T'\G THE
ENGINEER'S REPORT, CREA TING ASSESSMENT DISTRICT NO. 1035, ZONE 1 AI\D ZOI\E 2,
ORDERING WORK AND APPROVING 2005-2006 ASSESSMENT ROLL (PAUvl A VEI"UE AND MEYERS
ROAD VERDE MONT 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 ofland within Assessment District No. 1035,
Zone I and Zone 2, are correctly set forth on Assessment Roll No. 1035. Zone I and Zone 2 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 herehy confinn 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 Pub] ic \\'orks 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 1530 I (c).
SECTION 9. Reference hereby is made to said Resolution No. 2004-294 and said
Engineer's Report for a description of the work, the extent of the assessment district, the financing
alternatives and for further particulars.
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SECTION 10. That the City Clerk is directed to cause a copy of this Resolution to be
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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. 1035, Zone I and Zone
11110/04
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RESOLUTION. FINDING AND DHERMINING LESS THAN A MAJORITY PROTEST...APPROVING THE
ENGINEER'S REPORT. CREATING ASSESSMENT DISTRiCT NO. 1035, ZONE I AND ZONE 2.
ORDERING WORK AND APPROVING 2005-2006 ASSESSMENT ROLL (PALM A VENUE AND MEYERS
ROAD VERDEMONT DRIVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
2, be placed on the subject 2005-2006 property tax bills for collection together with all other
property taxes.
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/II
11/10104
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RESOLUTION, FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST.. APPROVING THE
ENGINEER'S REPORT. CREATING ASSESSlvlENT DISTRICT NO. 1035. ZONE I AJ\'D ZONE 2.
ORDERING WORK A1\'D APPROVING 2005-2006 ASSESSMENT ROLL (PALM A VENUE AND MEYERS
ROAD VERDE MONT DRIVE AREA LANDSCAPE MAINTENANCE ASSESS~1ENT DISTRICT).
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
held on the
day of
Council !\Iembers: A YES
ESTRADA
LONGVILLE
MCGIN'NIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
meeting thereof
, 20_, by the following vote, to-wit:
NAYS
ABST AIN
ABSENT
City Clerk
The foregoing resolution is hereby approved this _ day of
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: L t. P&w,~
o
11/10/04
,20_
JUDITH V ALLES, Mayor
City of San Bernardino
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