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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Authorization to proceed and
Resolution of Intention--- formation of a
Landscape Maintenance Assessment District
in the Eucalyptus Avenue and Randall
Avenue area (Tract No. 17273).
Dept: Development Services
Date: August 29, 2006
File No. 14.40-140
Synopsis of Previous Council Action:
04/06/2005- Tentative Tract Map No. 17273 was approved, with conditions.
MCC Date: 09-18-2006
Recommended Motion:
I. That the Director of Development Services and the City Clerk be authorized to proceed
under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment
District in the Eucalyptus Avenue and Randall Avenue area (Tract No. 17273), to be known
as Assessment District No.1 048; AND
2. Adopt Resolution.
~w Ii. ~
Valerie C. Ross
Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Map,
Engineers Report, Reso.
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees paid by applicant)
Ward:
3
Source: (Acct. No.) 254-000-2301-6039
(Acct. Description) Assessment District Deposits
Finance:
Council Notes:
-ReS{) _ J-OO(p ~~3 0
Agenda Item No.
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If/ I(/D~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to proceed and Resolution of Intention--- formation of a Landscape Maintenance
Assessment District in the Eucalyptus Avenue and Randall Avenue area (Tract No. 17273).
BACKGROUND:
On AprilS, 2005, Tentative Tract No. 17273 was approved by the Planning Commission, with
one of the conditions being the formation of a Landscape Maintenance Assessment District. This
condition was placed to relieve the City of the costs of maintenance landscaping in the perimeter
and to assess these costs to those properties receiving the most benefit.
On October 5, 2005, a petition for the formation of a Landscape Maintenance Assessment
District was submitted to the City by David Keith of Ohtech Development, developer of Tract
No. 17273, located on the northwesterly comer of Eucalyptus Avenue and Randall Avenue. The
formation fee of $4,000 was also paid on November 14,2005. The petition represents 100% of
the property owner(s) within the proposed Assessment District.
Tract No. 17273 will consist of 20 single family lots when the final map is approved and
recorded. The annual cost of maintenance and incidentals will be spread across these 20 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 benefit may not be assessed to the District.
As set forth in the Engineer's Report, 5% of 22.6% of all of the proposed maintenance has been
determined to be general benefit; therefore, $76.54 is the proportionate general benefit cost. The
special benefit portion, which for the first year is estimated to be $8,888.80, will be spread across
the 20 lots within the District. The estimated first years cost per lot will be $444.44. The
formation cost in excess of the $4,000 deposited by the developer, which is $1,800, is included in
the first years costs and will not be included in subsequent years assessments. The Engineer's
Report allows for annual increases of CPl (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 be paid for by the City.
The attached Resolution of Intention sets a public meeting for October 16, 2006, and a public
hearing for November 6, 2006, and preliminarily approves the Engineer's Report. Approval of
this District will be subject to an assessment ballot process, which requires a majority approval
by the property owners within the proposed District boundary. Ballots are weighted
proportionally to the amount of the proposed assessment for each parcel. The owners of record
will be given mailed notice of the public meeting and hearing, along with an Assessment Ballot
form. Since the final map has not yet recorded, no sales will occur prior to the formation of the
District and a majority protest is not anticipated. Future property owners will purchase the lots
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.
FINANCIAL IMPACT:
Applicant has paid the $4,000 processing fee. Estimated costs of annual maintenance, including
additional formation costs, will be assessed back to property owners within the Assessment
District.
RECOMMENDATION:
Staff recommends that authorization be given to proceed with the formation of a Landscape
Maintenance Assessment District in the Eucalyptus Avenue and Randall Avenue area (AD 1048
-Tract No. 17273) and that the attached Resolution of Intention be adopted.
,----
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(C(Q)~V
RESOLUTION NO.
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 EUCALYPTUS A VENUE AND RANDALL AVENUE AREA
WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION,
LIMITATION AND MAJORITY PROTEST ACT OF 193]; DECLARING ITS
INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE
KNOWN AS ASSESSMENT DISTRICT NO. 1048; PRELIMINARlL Y APPROVING THE
ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC
HEARING.
WHEREAS, the City of San Bernardino (hereinafter called "City") as an exercise of its
municipal affairs powers has enacted an Assessment District Ordinance (Municipal Code Chapter
12.90) to provide for the procedure for the formation of assessment districts within the City; and
WHEREAS, it has now become necessary to consider the formation of a landscape
maintenance assessment district within the City, to be known as Assessment District No. 1048,
Eucalyptus Avenue and Randall Avenue Area Landscape Maintenance Assessment District.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, the
Mayor and Common Council of said City hereby preliminarily find and detennine that the public
convenience and necessity require, and it is the intention of the Mayor and Common Council to
fonn Assessment District No. 1048, the boundaries of which are generally as follows:
Eucalyptus A venue, Randall Avenue, and the westerly and northerly boundary lines
of Tract No. 17273.
Reference is hereby made to the Engineer's Report on file in the office of the City Clerk of said
City for a map of the boundaries of said district, a description of the maintenance, an estimated cost
of the maintenance, and a proposed assessment roll which Report and Assessment District Map are
09112/06
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RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CO:-lVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTEl"ANCE ASSESSMENT
DISTRICT LOCATED IN THE Et:CALYPTUS AND RANDALL AVENt:E AREA ... ASSESSME:-;T
DISTRICT NO. 1048: PRELIMINARILY APPROVING THE El"GI]';EER'S REPORT AND GIVING
NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING.
hereby preliminarily approved.
SECTION 2. It is the intention of said Mayor and Common Council to order
improvements within the district, which improvement shall consist of, but are not limited to,
parkway and slope landscaping along the west side of Eucalyptus A venue and along the north side
of Randall A venue. The estimated cost of said maintenance for the first year, including incidental
costs and formation costs, is $8,888.80.
SECTION 3. Said contemplated work and improvements is of more than local or ordinary .
public benefit, and that said Mayor and Common Council do hereby make the expense of such
work and improvement chargeable upon the district, which district is hereby declared to be the
district benefited by said proposed work and improvement, and to be assessed to pay the cost and
expense thereof, except as otherwise may be set forth in said Engineer's Report. All public streets
or alleys, or portions thereof, of said Tract No. 17273, are hereby excepted from said assessment,
as set forth in said Engineer's Report.
SECTION 4. The assessment benefit procedure to be followed and the amount to be
assessed against each particular parcel will be based upon the basis of a single residential unit being
one assessment unit and the percentage of costs will be assessed proportional to the percentage of
the total assessment units on each parcel as it relates to the total number of assessments. actual or
by formula, within the district. Reference is hereby made to said Engineer's Report, on file in the
office of the City Clerk of said City, for full particulars and proposed assessment amount against
each parcel.
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RESOLUTlO-.: ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT LOCATED IN THE EVCALYPTUS A'ID RA'IDALL AVENUE AREA... ASSESS'1E'OT
DISTRICT NO. 1048; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVI;\/G
NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING.
SECTION 5. The assessment financing alternative to be followed shall be as follows,
to-wit:
The estimated cost of the first year's maintenance, as set forth in said Engineer's report, shall be
assessed against the properties involved within the current fiscal year or the fiscal year following
the establishment of the district. Depending on when the costs are assessed relative to when the
maintenance is assumed by the City, this assessed amount can be used as a source of pre-funding
the first year's maintenance contract and incidental costs. Once the district has assumed the
responsibility for the maintenance, the properties shall be assessed each year thereafter to establish
a source of pre-funding each year's costs, or for the actual contract and incidental costs. If there
are surplus amounts in the event of pre-funding of costs, then such surplus may be applied as a
credit to the following year's assessment or retained in a reserve to offset future increases. Interest
will be charged on any portion of the assessments which are not pre-funded through previous
assessments. The interest rate shall be based upon the average rate of the City's current eamings
on invested funds during the period of expenditure. The assessment shall be levied, collected and
enforced in the same manner, at the same time, and with the same penalties and interest as in the
case of taxes levied for property taxes. Said assessments will be collected in perpetuity, or until
terminated by the Mayor and Common Council. Reference is made to said Engineer's Report for
full particulars.
SECTION 6. NOTICE IS HEREBY GIVEN that a public meeting will be held before the
Mayor and Common Council of the City of San Bernardino on Monday, October 16, 2006, at the
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RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CO'\lVENIENCE A'\lD
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT LOCATED IN THE EVCAL YPTlIS AND RANDALL A VE:''l'E AREA ... ASSESSME'\lT
DISTRICT NO. 1048; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING
NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING.
hour of 4:00 p.m., and that a public hearing will be held on Monday, November 6, 2006, at the
hour of 4:00 p.m., both in the Council Chambers of City Hall, 300 N. "0" Street, San Bernardino,
California for the purpose of determining whether the public convenience and necessity require the
formation of the proposed maintenance.district without compliance with the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931 and whether the Mayor and Common
Council should proceed with ordering the above described improvements. At said public meeting
and public hearing, any person may appear and file objections relative to the proposed district, the
proposed maintenance or the costs thereof. Any person owning property within the proposed
district may protest against said district, the proposed maintenance or the costs thereof, by filing
a written protest with the City Clerk, 300 N. "0" Street, San Bernardino, California, 92418, prior
to 4:00 p.m., November 6, 2006. Each protest must be signed by the owners thereof and must
contain sufficient information to properly identify said property. No action will be taken to approve
the formation of the district until the conclusion of said public hearing on November 6, 2006. All
property owners within the proposed district will also be mailed ballots which may be used to
indicate support of or opposition to the proposed assessment. A majority protest shall exist if the
total amount of assessments shov.n on the ballots returned in opposition to the assessment is greater
than the total assessment amount of ballots retumed in support of the assessment. All ballots must
be received in the Office of the City Clerk by no later than the time and date of the public hearing
as stated herein.
Ifby the conclusion of said public hearing on November 6,2006, protests have been filed
09/12/06
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tit
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RESOLUTION ... PRELIMINARILY DETERMI:-iING THAT THE PUBLIC CONVENIENCE Al"D
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT LOCA TEl) I:\" THE EUCALYPTUS AND RANDALL AVENUE AREA ._. ASSESSMENT
I)ISTRICT NO. IO~8; PRELIMINARILY APPROVING THE E:\'GINEER'S REPORT ANI) GIVING
NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING.
and not withdrawn by property owners representing over 50% of the assessment units to be
assessed, or ballots returned representing over 50% of the assessment amount of the returned
ballots, these proceedings shall be abandoned and no assessments shall be imposed.
Additional information may be obtained by contacting the Department of Development
Services, Real Property Section, at (909) 384-5026 or by wTiting to same at 300 N. "0" Street, San
Bernardino, California, 92418.
SECTION 7. A copy of this resolution and a map showing the exterior boundaries ofthe
proposed improvement district with relation to the territory immediately contiguous thereto and to
the proposed improvement will be on file with the City Clerk and will be available for inspection
by any person or persons interested. This map shall govern for all details as to the extent of the
proposed improvement district.
. SECTION 8. The City Clerk is hereby authorized and directed to publish a copy of this
Resolution in the San Bernardino County Sun, a newspaper of general circulation published in the
City, and shall cause Notice to be mailed as required by Section 12.90.040(C) of the San
Bernardino Municipal Code.
.
III
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09/12/06
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RESOLlITION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENID;CE A"D
2 NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
OISTRICT LOCATED l!'i THE EUCALYPTUS A:\'D RA!'iDALL AVENt'E AREA... ASSESS:\IE1"T
3 DISTRICT NO. 1048; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVli\G
NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
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held on the
day of
Council Members: A YES
ESTRADA
BAXTER
VACANT
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:
,"I
- . It.""
j'MES F. PENMAN, City Attorney
/
09112/06
,20_
PATRICK J. MORRIS, Mayor
City of San Bernardino
6