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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Public hearing - 4:00 p.m., and
Resolution Ordering Work - 6th Street and
Sterling Avenue Area Landscape
Maintenance Assessment District No. 1053
(Tract No. 17372).
Dept: Development Services
Date: November 7, 2006
File No.14.40-144 MCC Date: December 4,2006
Synopsis of Previous Council Action:
11/18/05 - Tentative Tract No. 17372 was approved, with conditions,
10/16/06 - Authorization was given to proceed with the formation of the 6th Street and Sterling
Avenue Area Landscape Maintenance Assessment District No. 1053, and Resolution of
Intention No. 2006-367 was adopted.
11/20/06 - Public Meeting was held and item carried over to the Public Hearing on 12/04/06.
Recommended Motion:
1. That the public hearing relative to the formation of the 6th Street and Sterling Avenue Area
Landscape Maintenance Assessment District No. 1053, be closed.
AND
2. Adopt resolution (4/5 vote required)
v~ t. 'RH1--
Valerie C. Ross
Contact person: Ryan Sandoval
Phone: 5226
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Supporting data attached: Staff Report, Maps, Reso. Ward:
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant)
Source: (Acct No.) 254-000-2301-6046
(Acct Description) Assessment District Deposits
Finance:
Council Notes:
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public hearing - 4:00 p.m., and Resolution Ordering Work - 6th Street and Sterling Avenue Area
Landscape Maintenance Assessment District No. 1053 (Tract No. 17372).
BACKGROUND:
On November 18, 2005, the Planning Commission approved Tentative Tract Map No. 17372,
generally located north of 6th Street and east of Sterling Avenue.
On April 17, 2006, Fidelity Homes, Inc., the developer/owner of this property, submitted a
petition for the formation of a landscape maintenance assessment district, as required by the
conditions of approval for the development of this site. The formation of this District will assess
the special benefit costs of maintaining the landscaping and appurtenances to the owners of the
properties benefiting from the maintenance area. The areas to be maintained by the District will
be landscaping along portions of the northerly side of 6th Street and the southerly side Cypress
Avenue. The developer has paid the required $4,000 formation fee.
Tract No. 17372 consists of 162 condominium units. The annual cost of maintenance and
incidentals will be spread across these 162 units. Part of the formation proceedings includes the
preparation of an Engineer's Report, which details the costs necessary to carry out the ongoing
maintenance oflandscaping and is filed in the City Clerk's Office. 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, a
portion ofthe landscaping along 6th Street has been deemed to be of a general benefit, and the
portion ofthe landscaping along Cypress Avenue is all special benefit. The general benefit
portion of the annual cost of maintenance is estimated to be $307.14 and cannot be assessed to
the District. This amount will need to be paid from the general fund or other non-district fund
source. The special benefit portion of the annual cost of maintenance, including all incidental
expenses, is estimated to be $6,687.36. This amount will be spread across the 162 units within
the District and the annual maintenance cost per unit will be $41.28. 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.
On October 16, 2006, Resolution of Intention No. 2006-367 was adopted, preliminarily
approving the Engineer's Report and setting a public meeting for November 20, 2006 and a
public hearing for December 4, 2006. Notice of the meeting and assessment ballots were mailed
to the owner of record. Since the developer still owns all of the units, a majority protest is not
anticipated. Future property owners will purchase the units 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. As of the date of this staff report, no ballots have been
received for lots still owned by the developer.
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Staff Report - continued
On November 20, 2006, the public meeting was held and the matter continued to 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 the ballots returned in support for the proposed district exceed the ballots
returned in opposition to the proposed district. All potential homebuyers will be given a
disclosure notice by the developer, advising them of the existence of an assessment district and
the proposed armual cost.
Formation of the assessment district will require the adoption of the attached resolution and will
require a four-fifths (4/5) affirmative vote ofthe council members voting thereon.
FINANCIAL IMPACT:
The Applicant has paid the $4,000 processing fee. Estimated costs of armual maintenance,
including additional formation costs, will be assessed back to property owners within the
Assessment District.
RECOMMENDATION:
Staff recommends that the public hearing be closed and the attached resolution be adopted.
LOCA TlON OF
PROPOSED ASSESSMENT
DISTRICT NO. 1053
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VICINITY MAP
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1053 -
6th Street and Sterling Avenue Area
(Tract No. 17372)
~ indico.tes un-incorporo.ted
~ o.reas within City's Sphere of
Influence
Created by: Ryan Sandoval
Date: 8/17/06
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ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1053
6TH STREET AND STERLING A VENUE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
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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 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 6TH STREET AND STERLING AVENUE AREA, APPROVING
THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO
COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT
NO. 1053, ORDERING THE WORK, CONFIRMING THE 2007-2008 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 oflandscaping 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 October 16, 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. 1053, which is on file in the office of the City Clerk, and adopted Resolution No.
2006-367 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 6TH STREET AND STERLING AVENUE 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. 1053; PRELIMINARILY APPROVING THE
ENGINEER'S REPORT AND GMNG NOTICE OF A PUBLIC MEETING AND PUBLIC
HEARING."
11106/2006
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RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST...6TH STREET AND STERLING AVENUE AREA, APPROVING THE FINAL ENGINEER'S
REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1053, ORDERING THE WORK,
CONFIRMING THE 2007-2008 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL
ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL
NOT.APPLY.
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 XIIID 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
12 WHEREAS, a Diagram of the Assessment District has been prepared and is on file in the
13 office of the City Clerk; and
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WHEREAS, an Assessment Roll has been prepared totaling $6.687.36. which sets forth
the individual assessments to be levied on each of the parcels of land within Assessment District
No. 1053, 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 RESOL YED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That a Public Meeting having been held on November 20, 2006, and a Public
Hearing having been held on December 4, 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.
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 opp<!sition to
11106/06
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RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST...6TH STREET AND STERLING A VENUE AREA, APPROVING THE FINAL ENGINEER'S
REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1053, ORDERING THE WORK,
CONFIRMING THE 2007-2008 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL
ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL
NOT APPLY.
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. 1053, along with the work
and appurtenances described in said Resolution No. 2006-367 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. 1053, 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 ofland within Assessment District No.1 053
11/06/06
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RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST...6TH STREET AND STERLING AVENUE AREA, APPROVING THE FINAL ENGINEER'S
REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1053, ORDERING THE WORK,
CONFIRMING THE 2007-2008 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL
ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL
NOT APPLY.
are correctly set forth on Assessment Roll No. 1053 for the fiscal year 2007-2008, as set forth in
said Engineer's Report, as now approved, and on file in the office ofthe 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 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 ofthe 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. 2006-367 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. 1053 be placed on the
subject 2007-2008 property tax bills for collection together with all other property taxes.
11/06/06
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RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST...6TH STREET AND STERLING A VENUE AREA, APPROVING THE FINAL ENGINEER'S
REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1053, ORDERING THE WORK,
CONFIRMING THE 2007-2008 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL
ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL
NOT APPLY.
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
Council Members: AYES
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
, 20_, by the following vote, to-wit:
NAYS
ABSTAIN ABSENT
City Clerk
The foregoing resolution is hereby approved this _ day of
,20_
Approved as to form:
11/06/06
PATRICK 1. MORRIS, Mayor
City of San Bernardino
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