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HomeMy WebLinkAbout24-Development Services tit CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Public hearing, 4:00 p.m., and Resolution approving formation of a Landscape Maintenance Assessment District in the Belmont A venue and vacated Chestnut Avenue area (AD 1052 -Tract No. 16795). Dept: Development Services Date: January 10,2007 File No. 14.40-140 Synopsis of Previous Council Action: 11/03/04 - Tentative Tract Map No. 16795 was approved, with conditions. 01109/06 - Tract No. 16795 was approved. 12/18/06 - Authorization to proceed and Resolution ofIntention No. 2006-435 was adopted relative to the formation of Landscape Maintenance Assessment District No. 1052. 01122/07 - Public meeting was held and matter carried over to the public hearing on February 5, 2007. . MCC Date: 02-05-2007 Recommended Motion: I. That the public hearing relative to the formation of the Belmont Avenue and vacated Chestnut Avenue area Landscape Maintenance Assessment District No. 1052 be closed; AND tit 2. Adopt Resolution ~v.R~ Valerie C. Ross Contact person: LASZLO "Les" FOGASSY Phone: 5026 Supporting data attached: Staff Report, Maps, Res. Ward: FUNDING REQUIREMENTS: AmOiJnt: $4,000 (Processing fees paid by applicant) 5 Source: (Acct. No.) 254-000-2301-6045 (Acct. Description) Assessment District Deposits Finance: Council Notes: tit Agenda Item No. J.LJ ~/5Jl17 tit CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public hearing, 4:00 p.m., and Resolution approving formation of a Landscape Maintenance Assessment District in the Belmont Avenue and vacated Chestnut Avenue area (AD 1052 -Tract No. 16795). BACKGROUND: tit On November 3, 2004, the Planning Commission approved Tentative Tract Map No. 16795, located between Belmont Avenue and Ohio Avenue, west of vacated Chestnut Avenue. The final tract map was approved on January 9,2006. On September 28,2006, GFR Enterprises, Inc., the developer 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 within slopes along portions of the southerly side of Ohio Avenue, the northerly side of Belmont Avenue, the westerly side of Ofelia Drive, between Belmont Avenue and Landon Court, and the trail system and appurtenant landscaping located along vacated Chestnut Avenue. The developer has paid the required $4,000 formation fee. Tract No. 16795 consists of 54 single-family lots. The annual cost of maintenance and incidentals will be spread across these 54 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, portions of the landscaping along both Belmont A venue, Ohio A venue and the trail system has been deemed to be of a general benefit. Ofelia Drive is a local street and has no general benefit attributed to it. The general benefit portion of the annual cost of maintenance is estimated to be $2,255.59, and cannot be assessed to the District. This amount will need to be paid from the general fund or other non-District funding source. The special benefit portion of the annual cost of maintenance, including all incidental expenses, is estimated to be $23,554.26. This amount will be spread across the 54 lots within the District and the annual maintenance cost per lot will be $436. I 9. 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. tit On December 18, 2006, Resolution of Intention No. 2006-435 was approved, setting a public meeting for January 22, 2007, and a public hearing for February 5, 2007 and preliminarily approved the Engineer's Report. All property owners of record were given mailed notice of the meeting and hearing, along with an assessment ballot. Approval of this District is subject to an e e e proposed District boundary. Ballots are weighted proportionally to the amount of the proposed assessment for each parcel. At the time of the initial mailing of the notices and ballots, none of the 54 lots had been sold and closed. However, since that time, 4 of the lots have sold and closed. Notices and ballots were sent to these property owners, as well as any subsequent owners that may have closed prior to the hearing. Future property owners of the unsold lots 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. On January 22, 2007, a public meeting was held relative to the formation of the proposed District 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 IMP ACT: 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, except the general benefit portion, estimated to be $2,255.59, which will need to be paid from the General Fund. RECOMMENDATION: Staff recommends that the public hearing be closed and the attached resolution be adopted. e e e LOCA TlON OF PROPOSED ASSESSMENT DISTRICT NO. 1052 No Scale 5th 51. Mill 51. . o c o u . Q. Oran e Show Rd. ~ "' . o VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1052 - Belmont Avenue and Chestnut Avenue Area (Tr. 16795) ~ indicates un-incorporated areas ~ within City's Sphere of Influence Date: ,/10/0 Created by: e -~ -. ~ . '. I~ i i ~ @ u , " I e 'I / i . . ~ i j ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1052 BELMONT A VENUE AND CHESTNUT A VENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO OHIO AVENUE ~e:- ~.I.t , 0. ~ .-. + e- ,. '.lI.1lCI.1Dl I , '.II.&IJ/. ~. L e. 0 , , 6" 0' ~ @.. JS@: ~ ~ ~ , @ ! 0 " 200 e- , , e' ~ " I I G. ,.(i])' e. >>@, I I . .. .. .. @) r @~ I MEVERS RO.-D ===t:--l I .1. I I I I ~~O"~"I .() . .. .. Q). . , ~ .() C? ~ ~ ~ <9 e> o .. @) '0 . 0' i i ::; .0. ~ , 0'.. G. 't BELMONT AVENUE CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBUC WORKS DIVISION lOC,\TJONOF ASSESSMENT DISTRICf /lPPROVEO e CllYENGlNEER REGISTEREOCIVllli:NGINEER~~ ORAWN8Y CHECJ{EOBY R~SEOBV DRAWING NO. 11959A Sheet --1..- of----1....- "- 6. Fil-' in the ofIiceolIlleCItyCJerll:inlheCityofSan8emardino lhis_dayof 20_" ~. 7 , . . ; ~ . i j RACHEL CLARK. City elen", City d San Bemardino I t1ereby cel'lifythat the map showing the proposed boundaries for AssessmenlOiSlriclNo,j,Qgjnthe Cily01 San Bemardino. County of San Bernardino. Stale of California. was approved by the Mayor and Common Council of the City of San Bemardino at a reguiarmeetingthereof,heklonlhe_dayof .20-,byResolutionNo. ,and has been filed in Ihe oft'ice 01 the Counly Recorder of San Bemardino Counlyonlhe_day of ,20 inBook pagels} of Maps 01 ASSeSsment and Communlly Facili~es DillMcts '! 6.. u RACHEL ClARK, CilyClerk,CilyofSanBemardino -' eJ. . R..eordedintheofflceoltheCllyEngineerlhOs~dayof ,20_" 0.. RACHEL ClARK, City Clerk, City of San Bernardino CITY ENGINEER City 01 San Bernardino s ; . ! . I An assessment was ievied by the Mayor and Common Council of theCilyofSan8emardinoontt\elols,pieces.and~n::eIsoflhe land shown on this assessment diagram. Said assessment was leviedontt\e_dayol ,20~ the assessment diallnlm and the asaasamentrollwere~in the otf'ce 01 the City EnglneerofuidCilyontt\e_day 01 , 20 Reference is made 10 the assessmenlrollre<:ordedinllieOfflceoflheCilyEngineerforlhe exacl amounl 01 each assessment levied against each parcel of land soownon this nsessmentdiagram e.. 8.. , e>. 0., San Bemardino Counly Recorder's Certiflcale This map has been filed underOoeument Number IIlis <layd 2O__a1__mln Boolt of alPa:;;e- .altl>erequealof ,,~ mtheamountof$ VICINITY MAP Larry Walker A(J(jitor-ConlrollerlReoorder County of San 8emardino LEGEND: ASSESSMENT DISTRICT BOUNDARY: _ AREA OF LANDSCAPE MAINTENANCE: AREA OF TRAIL MAINTENANCE: 1i1.....~~5.::r..1...r~ ASSESSMENT NUMBERS: 0 Nil ASSESSED: By: o Deputy Recorder e 1 2 3 4 5 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 e e 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 AREA OF BELMONT A VENUE AND V ACA TED CHESTNUT A VENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1052, ORDERING THE WORK, CONFIRMING THE 2007-2008 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMIT A TlON 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 eosts and expenses thereof; and WHEREAS, on December 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.1 052, which is on file in the office of the City Clerk, and adopted Resolution No. 2006-435 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 BELMONT AVENUE AND VACATED CHESTNUT 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. 1052; PRELIMINARILY 01!l 0/2007 LfLo,.tf A/~/cJ7 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 RESOLUTlON...F1NDlNG AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST...BELMONT AVENUE AND VACATED CHESTNUT AVENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1052, ORDERING THE WORK, CONFIRMING THE 2007-2008 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMIT A TlON AND MAJORJTY PROTEST ACT OF 1931 SHALL NOT APPLY. . APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC HEARING." which said resolution was duly and legally published and notice given ofa 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; 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 $23,554.26, which sets forth the individual assessments to be levied on each of the parcels of land within Assessment District No. 1052, 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 BERNARDINO AS FOLLOWS: SECTION 1. That a Public Meeting having been held on January 22, 2007, and a Public Hearing having been held on February 5, 2007, the Mayor and Common Council, having heard and considered any and all comments received thereon and being fully advised in 1he 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. 01110/07 2 e e e 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTlON...FINDlNG AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST...BELMONT AVENUE AND VACATED CHESTNUT AVENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT D1STRICT...NO. 1052, 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. 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 improveme~t 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. 1052 along with the work and appurtenances described in said Resolution No. 2006-435 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. 1052, 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. 01/10107 3 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 RESOLUTlON...FINDI:-IG AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST...BELMONT AVENUE AND VACATED CHESTNUT AVENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREA TING AN ASSESSMENT DISTRICT...NO. 1052, 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. SECTION 6. That the Mayor and Common Council do hereby find and determine that the proportionate costs to be leyied against the parcels of land within Assessment District No. 1052, are correctly set forth on Assessment Roll No. 1052, 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. 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. It is hereby determined that the formation of the assessment district is categorically exempt from the requirements of the California Enyironmental Quality Act (CEQA), pursuant to Class I, Section 15301(c). SECTION 9. Reference hereby is made to said Resolution No. 2006-435 and said Engineer's Report for a description of the work, the extent of the assessment district, the financing alternatiyes 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 indiyidual assessments as shown on Assessment Roll No.1 052, be placed on the 01110/07 4 e 1 2 3 4 5 6 7 RESOLUTlON...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST...BELMONT AVENUE AND VACATED CHESTNUT AVENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1052, 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. subjecI 2007-2008 property lax bills for collection together with all other property taxes. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a e 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 9 held on the day of Council Members: AYES ESTRADA BAXTER BRINKER 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 : 01110/07 ,20_ PATRlCK J. MORRlS, Mayor City of San Bernardino 5