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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 - Orange Show
Dept: Development Services Road and Arrowhead A venue 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 of Intention No. 2004-390 was adopted. "
01-24-05 - Public meetine was held and item be carried over to the oublic hearine.
Recommended Motion:
1. That the public hearing relative to the formation of the Orange Show Road and Arrowhead
Avenue Landscape Maintenance Assessment District No. 1038, be closed.
AND
2. Adopt resolution (4/5ths vote required)
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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:
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Source: (Acct. No.) 254-000-2301-6025
(Acct. Description) Assessment District Deposits
Council Notes:
Finance:
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Agenda Item No.
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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.
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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 (4/5th) affirmative vote of the council members present and voting.
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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.
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ASSESSMENT BOUNDARY
ASSESSMENT DISTRICT NO. 1038
ORANGE SHOW ROAD AND ARROWHEAD A VENUE
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO
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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 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
AVENUE, 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
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RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST...APPROVING THE
ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO.1 038, ORDERING WORK AND
APPROVING 2005-2006 ASSESSMENT ROLL, (ORANGE SHOW ROAD AND ARROWHEAD AVENUE
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 520.093.11. 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.
01120/05
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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 DISTRICn.
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. 1038, 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
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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 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. 1038
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 1, 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
01/20/05
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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
, 20_, by the following vote, to-wit:
day of
held on the
NAYS
ABSTAIN ABSENT
Council Members: AYES
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
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