HomeMy WebLinkAbout36-Development Services
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: April 25, 2006
Subject: Public hearing - 4:00 p.m., and
Resolution Ordering Work - -- formation of a
Landscape Maintenance Assessment District in the
Shandin Hills Drive and Shady Creek Drive area
(Tract No. 14254 - AD 1042).
From: JAMES FUNK, Director
Dept: Development Services
File No.14.40-142 MCC Date: 05-15-2006
Synopsis of Previous Council Action:
06/06/2005- Tract Map No. 14254 was approved, with conditions.
04/17/2006 - Authorization was given to proceed with the formation of the Shandin Hills Drive
and Shady Creek Drive Area Landscape Maintenance Assessment District No. 1042, and
Resolution ofIntention No. 2006-102 was adopted.
05/01/2006 - Public Meeting was held and item carried over to the Public Hearing on 05-15-06.
Recommended Motion:
I. That the public hearing relative to the formation of the Shandin Hills Drive and Shady
Creek Drive Area Landscape Maintenance Assessment District No. 1042 be closed; AND
2. Adopt Resolution
.~~
Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Maps, Res. Ward: 5
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant)
Source: (Accl. No.) 254-000-2301-6029
(Accl. Description) Assessment District Deposits
Finance:
Council Notes: Reso. 200& ~ / 2(c,
Agenda Item No.
at,
5/15'}D('
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public hearing - 4:00 p.m., and Resolution Ordering Work - -- formation of a Landscape
Maintenance Assessment District in the Shandin Hills Drive and Shady Creek Drive area (Tract
No. 14254 - AD 1042).
BACKGROUND:
On October 13. 2004. a petition for the formation of a Landscape Maintenance Assessment
District was submitted to the City by Meritage Homes, developer of Tract No. 14254, located in
the area of Shandin Hills Drive and Shady Creek Drive. The formation fee of $4.000 was paid on
October 18. 2004. The petition represented 100% of the property owned and proposed to be
assessed within the Assessment District as of the date of submission.
On June 6. 2005, Tract No. 14254 was approved with one of the conditions being the formation
of a Landscape Maintenance Assessment District. This condition was placed on the project to
relieve the City of the costs of maintenance of the perimeter and fuel modification area, and to
assess these costs to those properties receiving the most benefit.
Tract No. 14254 consists of 72 single family lots. The annual cost of maintenance and
incidentals will be spread across these 72 lots. Part of the formation proceedings includes the
preparation of an Engineer's Report. which details the costs necessary to carry out the ongoing
maintenance of landscaping and is attached for your review. As required by law. only special
benefit may be assessed to properties within an assessment district. Any benefit found to be a
general benetit 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, including plus incidental and formation costs, is $62,177 and will be spread across
the T2 lots within the District. The estimated first years cost per lot will be $863. The formation
costs in excess of the $4,000 deposited by the developer. which is S2.900. are included in the
first years costs and will not be included in subsequent years assessments. The Engineer' s Report
allows for annual increases of CPI (Consumer Price Index). or 5%. whichever is less. to cover
increases in maintenance costs. Increases over this amount will either need to be approved by the
property owners within the District. or he paid for by the City.
On April 17. 2006. authorization to proceed was given and a Resolution of Intention No. 2006-
102 was adopted preliminarily approving the Engineer's Report and setting a public meeting for
May 1. 2006 and a public hearing for May 15. 2006. As of the date of mailing of ballots. 28 lots
had been sold. with the developer still owning 44 lots. All owners of record or as otherwise
known were given notice of the meeting and hearing by mail. along with an Assessment Ballot.
The developer has returned all of his ballots in favor of the assessment and represents a majority
of the ballots. As of this date, no other lots have been sold and 3 ballots have been returned from
homeowners indicating opposition to the ballots. Future property owners \vi II purchase the lots
Staff Report - Continued
subject to the Assessment District and will be given disclosure of the District and assessments by
the developer or subsequent property owners, as required by law.
On May I, 2006, the public meeting was held and the matter continued to the public hearing.
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 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.
LOCATION OF PROPOSED
ASSESSMENT DISTRICT NO. 1042
.
No Scale
Highland Ave.
1MI
o
~ E
- t
i> "0
in
5th St.
~
>
<(
Mill St.
v
o
c
c
u
v
Orange Show Rd. ~
'"
.. .
o
VICINITY MAP
CITY OF SAN BERNARDINO
"~VELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
SHANDIN HILLS DRIVE AND SHADY CREEK
DRIVE AREA LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT NO. 1042 - TR. NO.
14254
~ indicates un-incorporated areas
~ within City's Sphere of Influence
Created by: LftJc .iv
Date: '5 -2<1-ar,
'h ,i rl
I , j~I' i,fi I ;!
Ip! iiJ II i Ij 1
, If I ih i Ji) !
! I tAII";'!l I f f! i
~, " ." ! II! Pin . t I'
, " I HAl, Us I JI q ~,' J:~i ~
, I , I It I'T; I j f ~ 2.
~ ~ I '~lllt -, f! I"'! ,HI I !L it
~ u j _
~: ,~'U I" , Ij il~"!1 i 1 j
z i A ,11" -IA 'I , I .
.. F PIlI Iii i I!~ f 1 ' ! 115 IIi : ! j ft. t
fi ! II'
~ I , . UHU Iii] d~ ! ~zd. ~
~~ .j i f I '" I~~ II ! .~!
~! ,
H l!;1 I,!.h ", ~ I"' J " . I
h ",Z II.. h Ii ~ ~ oj
..
, "
1:- ::E
~ 01 >
z z 0
I o ~ w
0 I ~.!5 ~ it
. ;; !E c;; i ~~
/ z~~ O~
a: w~~f!.!
W i >.:_0
l:C ~ ~O<I-
Q~:!jO;
~ i ~~t~
C (/J~o :!~~~
~~ LL.~:J - 11::",
. 0; ~ ~ ~~
~5 ~ ~.J
,,~
<~ C3 ~ ~
~~
~
~
<
~~
:>::~
NCl5!J
""~Cl
C>~~
_~r
... .:>:: z
JGOu~
~Z>-~ ~
r;;I ~Cl ~ "-
..... u<C '" 0
"'" _='A ~
_ cr: '" v,
CI~Cl~~
~\I.l3Uf=8
Z-....Zz
f;I;lCl~<c-6
...,->Z ~
~r--.\.IJ .a
\I.lZZSf- ~
\I.l f;I;l '7
,_, ... '" ~ z
-JG...l<C '"
~ \I.l...l;:E ~
<~Fi:g: ~
\I.l2:<c ~
\I.l Cl U [:)
<Z'" ~
<C ~ _
= <C u
"'...l
~
~
~I
5 : 0 ~e
~ If II
~ I il ill
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.
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 SHANDlN HILLS DRIVE AND SHADY CREEK
DRIVE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN
ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN
AS ASSESSMENT DISTRICT NO. 1042, 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 ofthe 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 April 17, 2006, 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. 1042, which is on file in the office of the City Clerk, and adopted Resolution No.
2006-102 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 SHANDlN HILLS DRIVE AND SHADY CREEK 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. 1042; PRELIMINARILY APPROVING THE
05/1 0/2006
Jl3~
5/5" -Cic>
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. 1042, ORDERING WORK AND
APPROVING 2006-2007 ASSESSMENT ROLL, (SHANDlN HILLS DRIVE AND SHADY CREEK DRIVE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC
HEARING."
which said resolution was duly and legally 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; 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 $62,177.04, which sets forth
the individual as~essments to be levied on each of the parcels of land within Assessment District
No. 1042, 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 May 1,2006, and a Public
Hearing having been held on May IS, 2006, 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.
05/1 0/06
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
ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1042, ORDERING WORK AND
APPROVING 2006-2007 ASSESSMENT ROLL, (SHANDIN HILLS DRIVE AND SHADY CREEK 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
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, 1042, along with the
work and appurtenances described in said Resolution No. 2006-102 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. 1042, 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.
05/1 0/06
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 DISTRICT NO. 1042, ORDERING WORK AND
APPROVING 2006-2007 ASSESSMENT ROLL, (SHANDIN HILLS DRIVE AND SHADY CREEK DRIVE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
SECTION 6. That the Mayor and Common Council do hereby tind and determine that the
proportionaIe costs to be levied against the parcels ofland within Assessment District No. 1042,
are correctly set forth on Assessment Roll No.1 042. for the tiscal year 2006-2007. 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 CiIy. 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. 2006-102 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. 1042, be placed on the
05/1 0/06
4
RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTESL.APPROVING THE
1 ENGINEER'S REPORT, CREATING ASSESSMENT DISTRJCT NO. 1042, ORDERING WORK AND
APPROVING 2006-2007 ASSESSMENT ROLL, (SHANDIN HILLS DRIVE AND SHADY CREEK DRIVE AREA
2 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
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
subject 2006-2007 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
held on the
day of
Council Members: A YES
ESTRADA
BAXTER
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
meeting thereof
, 20_, by the following vote, to-wit:
NAYS
ABSTAIN
ABSENT
City Clerk
The foregoing resolution is hereby approved this _ day of
Approved as to Form:
}/W
05/1 0/06
,20_
PATRICK J. MORRIS, Mayor
City of San Bernardino
5
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): _0-/ ') - 0 fa Item #
Vote: Ayes 1- '7 Nays
Change to motion to amend original documents 0
3~ Resolution #
Abstain
Absent
;2t::o tP - / ;2LJ
Companion Resolutions
NullNoid After: days I
Resolution # On Attachments: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Note on Resolution of attachment stored separately: 0
Date Sent to Mayor: OS~(oJDh
Date of Mayor's Signature: 'osIJf?/O&
Date of Clerk/CDC Signature: OS II q /00
.
Date MemolLetter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584, 10585, 12634):
Updated CDC Personnel Folders (55:57):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
Animal Control
o
o
0'
o
M(Y)~
EDA
o
o
o
o
o
City Administrator
City Attorney
Code Compliance
Development Services
Others:
Facilities
Finance
Fire Department
Human Resources
Reso. Log Updated:
Seal Impressed:
Reso. # on Staff Report 0
~
Yes ,/ No By_
Yes No-.L By_
Yes No~ By_
Yes No ~ By_
Yes No-.L By_
Information Services
Parks & Recreation
Police Department
Public Services
Water Department
o
o
o
o
o
Notes:
Ready to File: _
Date:
Revised 12/18/03