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HomeMy WebLinkAbout42-Development Services . .. ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Public hearing - 4:00 p.m., and Resolution Ordering Work relative to the formation of a Landscape Maintenance Assessment District in the Magnolia Avenue and Ohio Avenue Area (AD 1041 - Tr. 15528). Dept: Development Services Date: October 10,2006 File No. 14.40-131 Synopsis of Previous Council Action: MCC Date: 11-06-2006 02123/2005 -Tentative Tract Map No. 15228 was approved, with conditions. 01126/2006- Final Tract Map No. 15228 was approved. 09/18/2006 - Authorization to proceed was given and Resolution of Intention No. 2006-331 was adopted. 10/16/2006 - Public Meeting was held and item carried over to the Public Hearing on 11-06-06. Recommended Motion: I. That the public hearing relative to the formation of the Magnolia Avenue and Ohio Avenue Area Landscape Maintenance Assessment District No. 1041 be closed; AND 2. Adopt Resolution Ymw().:R~ Signature Contact person: LASZLO "Les" FOGASSY Phone: 5026 5 Supporting data attached: Staff Report, Maps, Res. Ward: FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees paid by applicant) Source: (Acct. No.) 254-000-2301-6028 (Acct. Description) Assessment District Deposits Finance: Council Notes: ;?6.50 C:<OO"-.39~ Agenda Item No. II) II /~ ~~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION . Staff Report SUBJECT: e . Public hearing - 4;00 p.m., and Resolution Ordering Work relative to the formation of a Landscape Maintenance Assessment District in the Magnolia Avenue and Ohio Avenue Area (AD 1041 - Tr. 15528). 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 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 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 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 to be paid for by the City. On September 18, 2006, Resolution No. 2006-331 was adopted. setting a public meeting for October 16, 2006 and a public hearing for November 6, 2006, and preliminarily approving the Engineer's Report. The owner of record, which in this case is the developer, was sent a notice of the meeting and assessment ballots. 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. e e e On October 16, 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 (4/5) affirmative vote of the council members voting thereon. 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. RECOMMENDA nON: Staffrecommends that the public hearing be closed and the attached resolution be adopted. LOCATION OF ASSESSMENT DISTRICT I: ;; "- .. 0 . VICINITY MAP e e e .JI If I H~! Ii III ~ ~I 1!II,hi!)1 I I' i i~i!i"JJI,li I 1,1 6 i ,m," I I I I 11.".\ 'J i' ii ~~ lljfli j i ~6 I ill il r !if tit H ! E-< U S ~ ; is ~ <= E-< iZ ~d <t~ ~ Z OV) ~ ta V) CIl ~t; oBJ ~ gs ~~ ~ ~~ iU~~8 z.... ~ . f;;;1~ 0 ~5 <tl ~ ~ ~ :iffi 0000 0 al 0000 ZJ:LI Z -< f;;;1 d ~ ;Jl 00 ;"l; u '" 00 ;:!IV) 0 -< ~ g ...:i ; I I I l,lln .<< 1U'Ir , L.. I ! 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GO W W 10 ... o z ~ o . a: ~ "- ~ --' w U '" "" "- Ii i iH ! dJ ~ ~o ;:; ~ i gZ 3 11 ~~ ih ~ elt a:U ~~I~ w&l'J ~~ A <Xl ~;2 << ~ :i:~~ ~~re~ (I)~o ~"~J;l :Sffi~ 6 ~~ ~~.. ~ 3 ()~ ~ ~ u . ~ e e e 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SA:\' BERNARDINO FINDING AND DETERMINING THE EXISTEl'ICE OF LESS THAN A MA.JORITY PROTEST, THAT BALLOTS SUBMITTED IN FAVOR OF THE ASSESSMEl'IT EXCEED THE BALLOTS 4 . SUBMITTED IN OPPOSITION TO THE ASSESSMENT AND THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE MAI:\'TENANCE OF LANDSCAPING IN THE AREA OF MAGNOLIA A VENUE AND OHIO A VENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1041, ORDERING THE WORK, CONFIRMING THE 2007-2008 ASSESSMENT ROLL, AND DETERM:INING THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MA.JORITY PROTEST ACT OF 1931 SHALL NOT APPLY. 3 5 6 7 8 9 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 \\ill be able to carry the burden of the proposed assessments to pay the costs and expenses thereof; and \VHEREAS, on September 18, 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. 1041, which is on file in the office of the City Clerk, and adopted Resolution No. 2006-331 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 LOCA TED IN THE MAGNOLIA AVENUE AND OHIO AVENUE AREA WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MA.JORITY 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 11/0112006 Ylo.1J:l 1/ / re/tJt 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 27 28 RESOLUTION FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST.. MAG1\ULIA A VENUE AND OHIO A VENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT... 1'0.1041. ORDERING THE WORK, CONFIRMING THE 2007- 2008 ASSESSME1\T ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTlGA T10N. LIMIT A T10N AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY ENGINEER'S REPORT AND GIVING NOTICE OF A PlIBLIC MEETING A-l\ID 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 XIlIO 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 S14,858.17, which sets forth the individual assessments to be levied on each of the parcels ofland within Assessment District No. 1041, for the fiscal year 2007-2008, 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 BER.."IARDINO AS FOLLOWS: SECTION 1. That a Public Meeting having been held on October 16,2006, and a Public Hearing having been held on November 6, 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 protest3. 11/01/06 2 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 27 28 RESOLlJTlO:-J..FINDING A:-':D DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST... MAGNOLIA AVENUE A:-JD OHIO A VENCE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESS~lENT DISTRICT... NO. 10-1 I. ORDERIl'G THE WORK, CONFIRMING THE 2007- 2008 ASSESSMENT ROLL AND DETERMIl'ING THAT THE SPECIAL ASSESSME:-JT Il'VESTlGATION. LIMIT A TION A:-JD MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY. 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. 1041, along with the work and appurtenances described in said Resolution No. 2006-331 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. 1041, 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. 11/01/06 3 . '. 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTlOJ\...FINDll\G AND DETERMINING THE EXISTE~,CE OF LESS THAN A MAJORITY PROTEST... MAGNOLIA A VENUE AND OHIO A VENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREA Tll\G AN ASSESSMENT DISTRICT... NO. 1041, ORDERJNG THE WORK, CONFIRMING THE 2007- 2(10S ASSESS~1ENT ROLL. AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY. 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. 1041, are correctly set forth on Assessment Roll No, 1041, for the fiscal year 2007-2008, 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. SECTIO:"l 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 14 City Engineer and on file or to be filed in the office of the City Engineer, at such time when the 15 installation of the landscaping and appurtenances has been accepted by the City. The contract will 16 17 18 19 20 21 22 23 24 25 26 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. 2006-331 and said Engineer's Rep0l1 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 . 27 request that the individual assessments as shown on Assessment Roll No. 1041, be placed on the 28 11/01/06 4 e 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 e 27 28 e 1 2 3 4 5 6 7 8 RESOLUTlON...FlNDlNG AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST... MAGNOLIA A VENUE AND OHIO A VENUE, APPROVING THE FINAL ENGIl\EER'S REPORT, CREATING Al\ ASSESSMENT DlSTRJCT... NO. 1041, ORDERING THE WORK, CONFIRMING THE 2007- 200S ASSESSMENT ROLL. AND DETERMINING THAT THE SPECIAL ASSESS!",lEl'T INVESTIGATION. LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY. subject 2007-2008 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 9 Council Members: A YES ABSTAIN ABSENT NAYS ESTRADA BAXTER VACANT DERRY KELLEY JOHNSON !\lCCAMMACK City Clerk The foregoing resolution is hereby approved this _ day of ,20_ PATRICK J. MORRlS, Mayor City of San Bernardino 11/01106 5