HomeMy WebLinkAbout16-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
p. ,5,ubject: Public Hearing - 4:00 p.m. - and
r . !Resolution Ordering Work - California
V j . , '. . , .Istreet and 16th Street Landscape
Maintenance Assessment District No. 1029
(Tract No. 13822).
File No.14.40-120
Synopsis of Previous Council Action: MCC Date: 03-03-2003
12/90 - Tract No. 13822 was approved with conditions.
12-16-2002 - Authorization was given to proceed with the formation of a landscape
maintenance assessment district in the California Street and 16th Street area.
01-06-2003 - Resolution ofIntention No. 2003-3 was adopted.
02-03-2003 - Public Meeting was held.
Dept: Development Services
Date: February 12,2003
Recommended Motion:
1. That the Public Hearing relative to the formation of the California Street and 16th Street
Landscape Maintenance Assessment District No. 1029, be closed.
AND
2. Adopt resolution
r~k
Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Maps,
ResolutIOn
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant)
Ward:
6
Source: (Accl. No.) 254-000-2301-6017
(Accl. Description) Assessment District Deposits
Finance:
Council Notes:
KL~..u z C03 ~(. ./~
Agenda Item No.
IItJ
3/3/1)3
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing - 4:00 p.m. - and Resolution Ordering Work - California Street and 16th Street
Landscape Maintenance Assessment District No. 1029 (Tract No. 13822).
BACKGROUND:
On December 16, 2002, staff was authorized to proceed with the formation of a Landscape
Maintenance Assessment District within Tract No. 13822, located at the northeast comer of
California Street and 16th Street. The formation of this district is a condition of approval for this
tract and a letter requesting the formation of the district was received from the developer,
Century Cromwell Communities LP. The developer has paid the processing fee of$4,000.
Tract No. 13822 consists of 38 single family lots. The annual cost of maintenance, which is
estimated to be $7,021.64, including incidental and administrative costs, will be spread across
these 38 lots. The annual assessment per lot is estimated to be $184.78. All potential buyers are
given a disclosure statement of the proposed assessment by the developer.
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 is
on file in the office of the City Clerk, and was preliminarily approved by the adoption of
Resolution No. 2003-3 on January 6, 2003. The resolution set a Public Meeting date of February
3,2003 and a Public Hearing date of March 3,2003. The developer has indicated that two of the
homes have been sold. All property owners were given a mailed notice of the meeting and
hearing, along with an Assessment Ballot as required by proposition 218. The Resolution of
Intention was published in the Sun newspaper, as required by law.
A Public Meeting was held on February 3, 2003. No protests or ballots were submitted at the
meeting. This office did receive 34 ballots from the developer, approving the assessments, which
represents over 50% of ballots returned indicating support for the proposed district. 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.
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.
. Highland Ave.
5th st.
Mill St.
Location of
Proposed
Assessment District
No. 1029
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
PUBLIC WORKS DIVISION
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VICINITY MAP
PROPOSED ASSESSMENT DISTRICT NO.
1029 - CALIFORNIA AND 16TH STREET
AREA LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT
Created by: L. ~{! ~I/j- i_/ Date: 12-.~ .I.n_
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ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1029
CALIFORNIA STREET AND 16TH STREET
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
!N THE
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
PROPOSED ASSESSMENT DISTRICT BOUNDARY
__AND BOUNDARY OF TRACT NO 13822 M,S. 240/49.50-,
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Por. Tract No. 11259 M.B.156/50-52
LOCATION OF
ASSESSMENT DISTRICT
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APf>ROVED
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CITY OF SAN BERNARDINO
OEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIVISION
DRAWING
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Filll{l in lhe office 01 the CitV Clerk, in the City of San Bemardino
this_dayal .20_
RACHEL CLARK,
City Clerk, City of San Bernardino
I hereby certify thai lt1e map shoWing thll pl'l)posed bounclaries lor
Assessment Dielrict No. 1029 in the City of San Bernardino.
CoUl)ly of San 6emardino-:5iate of California. was approved by
the Mayor and Coml1'lOl1 Councij of the C~y of San BllfTI3rdillo al a
regularmeelir.glhereof,heldonlhe_dayof
,20-, by ResolutIOn No
,and has been fded In the office of the
Counly Recorder of San Bernardino Coonlyon the_day
of ,20 in Book
pagels) of Maps of ASS;SSment and Community
FacllihesOistricts
RACHEL CLARK,
C~y Clerk, City of San Bernardino
Re<:Ordedlntheoff"ceoftheCilyEngineerthis~dayof
,20_
CITY ENGiNEER
Cily of San Bernardino
An assessment was leVied by the Mayor and Common Council of
the Cilyof San Bemardino on Ihelots, piKes. and parcels of the
land Shown on this assessment diagram. Said asseSSmef11 was
leviedonthe~dayof .20_,
the assessment diagram and the assessment roll were recorded in
the officeoftheC~yEngineel"ofsaidCilyonthe day
of ,20 Reference is made to the
assessrnenl roU recorded in IheotfiCe of the City Engineer for the
exact amOlJnt of each assessment levied against each parcel of
land shown on this assessmenl dIagram
RACHEL CLARK.
Cily Clerk. City of San Bernardino
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SCALE: '"_100'
CALIFORNIA STREET AND 16TH STREET AREA
LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT
SHat-LCF
-LSHttTS
ASSESSMENT DISTRICT BOUNDARY SHOVlN THUS: ........
ASSESSMENT NUWaE!lS SHO'Mll THUS: @
AREAS CF PROPOSED WAlHl'ENANCE SHO~ THUS: _
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VICINITY MAP
LEGEND
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
.
.
Subject: Public Meeting - 4:00 p.m. -
California Street and 16th Street Landscape
I Maintenance Assessment District No. 1029
. L (Tract No. 13822).
Dept: Development Services
Date: January 21, 2003
File No.14.40-120
Synopsis of Previous Council Action: MCC Date: 02-03-2003
12/90 - Tract No. 13822 was approved with conditions.
12-16-2002 - Authorization was given to proceed with the formation ofa landscape
maintenance assessment district in the California Street and 16th Street area.
01-06-2003 - Resolution ofIntention No. 2003-3 was adopted.
Recommended Motion:
That the Public Meeting relative to the formation of the California Street and 16th Street
Landscape Maintenance Assessment District No. 1029, be closed and protests and ballots, if
any, be carried over to the Public Hearing on March 3, 2003, at 4:00 p.m.
~E~
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.) 254-000-2301-6017
(Acct. Description) Assessment District Deposits
Finance:
Council Notes:
Agenda Item No.
ot/a /03
J3 '
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Meeting - 4:00 p.m. - California Street and 16[h Street Landscape Maintenance
Assessment District No. 1029 (Tract No. 13822).
BACKGROUND:
On December 16, 2002, staff was authorized to proceed with the formation of a Landscape
Maintenance Assessment District within Tract No. 13822, located at the northeast corner of
California Street and 16th Street. The formation of this district is a condition of approval for this
tract and a letter requesting the formation of the district was received from the developer,
Century Cromwell Communities LP. The developer has paid the processing fee of $4,000.
Tract No. 13822 consists of 38 single family lots. The annual cost of maintenance, which is
estimated to be $7,021.64, including incidental and administrative costs, will be spread across
these 38 lots. The mmual assessment per lot is estimated to be $184.78. All potential buyers are
given a disclosure statement of the proposed assessment by the developer.
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 is
on file in the office of the City Clerk, and was preliminarily approved by the adoption of
Resolution No. 2003-3 on January 6, 2003. The resolution set a Public Meeting date of February
3,2003 and a Public Hearing date of March 3, 2003. The developer has indicated that two of the
homes have been sold. All property owners were given a mailed notice of the meeting and
hearing, along with an Assessment Ballot as required by proposition 218. Resolution of
Intention was published in the Sun newspaper, as required by law.
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 tour-tifths (4/5[h) affirmative vote of the council members present
and voting.
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 March 3, 2003.
ASSESSMENT BOUNDARY
ASSESSMENT DISTRICT NO. 1029
CALIFORNIA STREET AND 16TH STREET
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
Par. Mt. Vernon Orange Grove & Fruit Co. Lands, M.B. 12/16
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Par. Tract No. 11259 M.B. 156/50-52
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SERVICES
PUBLIC WORKS DIViSiON
LEGEND
DRAWN BY,
ASSESSMENT ~S1RICT BOUNDARY=
.............
CALIFORNIA STREET AND 16m STREET AREA
LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICf
AREAS OF PROPOSED MAlNTENANCE=
-
CHECKED BY'
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Location of
Proposed
Assessment District
No. 1029
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
PUBLIC WORKS DIVISION
PROPOSED ASSESSMENT DISTRICT NO.
1029 - CALIFORNIA AND 16TH STREET
AREA LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT
Created by: L. ~~?lIJI1 Date: /z./~/r"--
~ indicates un-incorporated areas
~ within City's Sphere of Influence
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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 CALIFORNIA STREET AND 16TH STREET,
APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS
ASSESSMENT DISTRICT NO. 1029, ORDERING THE WORK, CONFIRMING THE
2003-2004 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 January 6, 2003, 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. 1029, which is on file in the office of the City Clerk, and adopted Resolution No.
2003-3 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 CALIFORNIA STREET AND 16TH STREET AREA WITHOUT
COMPLIANCE WITH THE 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.
1029; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING
NOTICE OF A PUBLIC MEETING AND PUBLIC HEARING."
02/24/2003
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RESOLUTION ORDERING WORK AND APPROVING 2003-2004 ASSESSMENT ROLL FOR
ASSESSMENT DISTRICT 1029 (CALIFORNIA STREET AND 16TH STREET AREA LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT)
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 $7,021.64 which sets forth
the individual assessments to be levied on each of the parcels of land within Assessment District
No. 1029 for the fiscal year 2003-2004, as set forth in the Engineer's Report, as now submitted, on
file in the office ofthe 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 February 3, 2002, and a Public
Hearing having been held on March 3, 2003, 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
the assessment.
02/24/03
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RESOLUTION ORDERING WORK AND APPROVING 2003-2004 ASSESSMENT ROLL FOR
ASSESSMENT D1STRlCT 1029 (CALIFORNIA STREET AND 16TH STREET AREA LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT)
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. 1029, along with the
work and appurtenances described in said Resolution No. 2003-3 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. 1029, 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. 1028
are correctly set forth on Assessment Roll No. 1029 for the fiscal year 2003-2004, 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
02/24/03
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RESOLUTION ORDERING WORK AND APPROVING 2003-2004 ASSESSMENT ROLL FOR
ASSESSMENT DISTRICT 1029 (CALIFORNIA STREET AND 16TH STREET AREA LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT)
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. 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 be placed on the subject 2003-2004 property tax bills for
collection together with all other property taxes.
SECTION 9. 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 10. Reference hereby is made to said Resolution No. 2003-3 and said
Engineer's Report for a description of the work, the extent of the assessment district, the financing
alternatives and for further particulars.
/II
/II
/II
02/24/03
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RESOLUTION ORDERING WORK AND APPROVING 2003-2004 ASSESSMENT ROLL FOR
ASSESSMENT DISTRICT 1029 (CA/.JFORNIA STREET AND 16TH STREET AREA LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT)
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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
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
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
and legal content:
JAMES F. PENMAN,
City M,torney
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By. h-... / <d~':11")'~
()
02/24/03
,20_
JUDITH V ALLES, Mayor
City of San Bernardino
5
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ::, -3 -():~ Item #
Vote: Ayes i - 'J Nays k:r
Change to motion to amend original documents: --
I (" Resolution # Zoo '3 - (:, LI
Abstain h Absent ..e-
Reso. # On Attachments:
Contract term: -
Note on Resolution of Attachment stored separately: ______
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY By:
Date Sent to Mayor: 3.. L\ - 0.2,
Date of Mayor's Signature: 5-5' a-.?~
Date ofClerk/CDC Signature: 3- <5' 02,
Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
-~d:
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 (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
/
Code Compliance Dev. Services /'
Police Public Services Water
City Attorney
Parks & Rec.
Notes:
NullNoid After: -
Reso. Log Updated:
Seal Impressed:
/'
;,/"
Date Returned: _
Yes ,/ No By
Yes No..-L... By
Yes No / By
Yes No I By
--r-
Yes No By_
EDA
Finance MIS
-ClLth) (J-ntl'ltc7-.-
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File~ Date: 3/ sf 03
,
Revised 01/12/01