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HomeMy WebLinkAbout12-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Authorization to proceed and Resolution ofIntention--- formation of a Landscape Maintenance Assessment District in the Magnolia Avenue and Ohio Avenue area (Tract No. 15228). Dept: Development Services Date: August 29,2006 File No. 14.40-131 Synopsis of Previous Council Action: MCC Date: 09-18-2006 02/23/2005 - Tentative Tract Map No. 15228 was approved, with conditions. 01/26/2006-- Final Tract Map No. 15228 was approved. 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 Magnolia A venue and Ohio A venue area (Tract No. 15228), to be known as Assessment District No. 1041; AND 2. Adopt Resolution. ~ 6. 72H1-- 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: 5 Source: (Acct. No.) 254-000-2301-6028 (Acct. Description) Assessment District Deposits Finance: Council Notes: Reso. 'd-DOb--?RJ J I;).J '1fltlo(, Agenda Item No. 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 Magnolia Avenue and Ohio Avenue area (Tract No. 15228). BACKGROUND: On February 23,2005, Tentative Tract No. 15228 was approved 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 of the perimeter landscaping and landscaping and drainage along the slope area on the southerly side of the tract, and to assess these costs to those properties receiving the most benefit. On September 2, 2005, a petition for the formation of a Landscape Maintenance Assessment District was submitted to the City by Dennis Sant of Sant Development, developer of Tract No. 15228, located on the southeasterly comer of Magnolia Avenue and Ohio Avenue in the Verdemont area. The formation fee of $4,000 was also paid on September 2, 2005. The petition represented 100% of the property owner(s) within the proposed Assessment District. The final Tract Map was approved on January 26, 2006. Tract No. 15228 consists of 17 single family lots. The annual cost of maintenance and incidentals will be spread across these 17 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 imd 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 20.2% of all of the proposed maintenance has been determined to be general benefit; therefore, $125.70 is the proportionate general benefit cost. The special benefit portion, which for the first year is estimated to be $14,858.17, will be spread across the 17 lots within the District. The estimated first years cost per lot will be $874. 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 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 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. The developer has advised us that, none of the 17 lots have sold. Since the developer still owns all of the lots, 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 Magnolia Avenue and Ohio Avenue area (AD 1041 - Tract No. 15228) and that the attached Resolution ofIntention be adopted. -I},s . I lid 'i III s !I l!ll.hl!11 21 iO I ifi!i~II~J~ I!J 6 ,m." I! ' f i 'ilj; ! 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II i il~~ ~ ~~. l df;t Ig ~ ~ ~ ~~ ih ~ '\ zn ~~~~ ~~; ~~~~ z~~ ~ore~ ~ ~ 0 ~6{S~ 151~ ~ ~~ E:fu 00 o Z I- U ooC ~ I- .. ;: -' '" u "' <>: .. ~ ~ . ~ e 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 e It (C(Q)[Fl( RESOLUTION NO. RESOLUTION OF 'THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQl1IRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE MAGNOLIA AVENUE AND OHIO AVENUE AREA WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTlGA T10N, 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. 1041; PRELIMINARILY 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. 1041, Magnolia A venue and Ohio A venue 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 determine that the public convenience and necessity require, and it is the intention of the Mayor and Common Council to form Assessment District No. 1041, the boundaries of which are generally as follows: Magnolia Avenue, Ohio Avenue, and the easterly and southerly boundary lines of Tract No. ] 5228. 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 0911 2/06 Ylo./~ 9/1 {/66 e e e 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 RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVE:>iIE]\"CE A:>iD NECESSITY REQURE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMDIT DISTRICT LOCA TED IN THE MAGNOLIA A VENUE A]\"D OHIO A VENUE AREA ... ASSESSMENT DISTRICT NO. t041 ; PRELIMINARILY APPROVING THE ENGINEER'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 on the easterly side of Magnolia A venue, parkway and slope landscaping on the south side of Ohio Avenue, landscaping and drainage swales on slopes along the southerly side of Lots ]0 through 17, inclusive, and the easterly side of Lot 10, and the landscaping and drainage swale/access area between the side yards of Lots 10 and ]]. The estimated cost of said maintenance for the first year, including incidental costs and formation costs, IS $14,858.17. 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. 15228. 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 27 the total assessment units on each parcel as it relates to the total number of assessments, actual or 28 by formula. within the district. Reference is hereby made to said Engineer's Report, on file in the 09/12/06 2 e 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 e e RESOLUTION ... PRELIVlINARIL Y DETERMINING THAT THE PUBLIC CONVE:'iIENCE A"ID NECESSITY REQUIRE THE FORMATJO:-: OF A LANDSCAPE MAINTENA"ICE ASSESSMENT DISTRICT LOCATED IN THE MAGNOLIA AVE!'\UE AND OHIO AVENl;E AREA ... ASSESSMENT DISTRICT NO. 1041; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVI:\'G NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING. office of the City Clerk of said City, for full particulars and proposed assessment amount against each parcel. 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 earnings 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 09/12/06 3 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLVTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIEi'iCE AND NECESSITY REQUIRE THE FORMATlOi'i OF A LA"'DSCAPE MAINTEi'iANCE ASSESSMENT DISTRICT LOCATED IN THE MAGNOLIA A VEi'iUE A:'iD OHIO A VE1'OUE AREA ... ASSESSME"T DISTRICT 1'00. 104] ; PRELIMINARILY APPROVING THE E"'GINEER'S REPORT A1'OD GIVING 1'00TICE OF A PUBLIC MEETING AND A PUBLIC HEARING. Mayor and Common Council of the City of San Bernardino on Monday, October 16,2006, at the 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 e 15 district may protest against said district, the proposed maintenance or the costs thereof. by filing e 16 17 18 19 20 21 22 23 24 25 26 27 28 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 infonnation 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 shown on the ballots returned in opposition to the assessment is greater than the total assessment amount of ballots returned 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. If by the conclusion of said public hearing on November 6, 2006, protests have been tiled 09112/06 4 e e e' 1 RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIE!'iCE AND 2 NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSME:'\T DISTRICT LOCATED IN THE MAGNOLIA AVENUE A:'I'D OHIO AVENUE AREA ... ASSESSME:'\T 3 DISTRICT NO. 1041; PRELIMINARILY APPROVIl'iG THE E:'\GINEER'S REPORT AND GIVI!'>G NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING. 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 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 writing to same at 300 N. "D" Street, San Bernardino, California, 92418. SECTION 7. A copy of this resolution and a map showing the exterior boundaries of the 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. 11/ //1 09/12/06 5 tit 15 JOHNSON 16 MCCAMMACK 17 18 19 20 21 tit 22 23 24 tit 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION ... PRELIMINARILY DETERMII'iING THAT THE PUBLIC CONVEl"IE"KE Al"D l"ECESSITY REQUIRE THE FORMATIO:>l OF A LANDSCAPE MAIl"TENAl"CE ASSESS:vIEl"T DISTRICT LOCATED II'i THE MAGNOLIA AVENUE AND OHIO AVEI'iUE AREA ... ASSESSME:\T DISTRICT NO. 1041: PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVIl'iG NOTICE OF A PUBLIC MEETING AND A PUBLIC HEARING. 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 held on the day of , 20_, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER VACANT DERRY KELLEY City Clerk The foregoing resolution is hereby approYCd this _ day of ,20_ PATRICK J. MORRIS, Mayor City of San Bernardino proved as to form: .h.._ f-' ,~~ MES F. PENMAN, City Attorney 09112/06 6