HomeMy WebLinkAbout32-Development Services
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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 - Waterman
Avenue and Orange Show Road Area
Landscape Maintenance Assessment Districts
No. 1045 (Tract No. 17972).
Dept: Development Services
Date: April 4, 2007
File No. 14.40-137 MCC Date: May 7, 2007
Synopsis of Previous Council Action:
7/11/2006 - Tentative Tract Map No. 17972 was approved, with conditions.
3/05/07 - Authorization was given to proceed with the formation of the Waterman A venue and
Orange Show Road Area Landscape Maintenance Assessment District No. 1045, and
Resolution of Intention No. 2007-75 was adopted.
4/16/07 - Public Meeting was held and item carried over to the Public Hearing on 5/07/07.
Recommended Motion:
1. That the public hearing relative to the formation of the W aterman Avenue and Orange
Show Road Area Landscape Maintenance Assessment District No. 1045 be closed.
AND
2. Adopt resolution (4/5 vote required)
tLJ~
' ~ alerie C. Ross
. Contact person: Ryan Sandoval
Phone: 5226
Supporting data attached: Staff Report, Maps, Reso. Ward: I
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant)
Source: (Acct. No.) ~54-000-2301-6037
(Acct. Description) Assessment District Deposits
Finance:
Council Notes:
Agenda Item No.
3;1...
5/1/07
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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 - Waterman Avenue and Orange
Show Road Area Landscape Maintenance Assessment Districts No. 1045 (Tract No. 17972).
BACKGROUND:
On July II, 2005, the Planning Commission approved Tentative Tract Map No. 17972 and DP2
No. 05-08, generally located east of Waterman Avenue and south of Orange Show Road. On
July 24, 2005, Voit Development, 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 easterly side of Waterman Avenue and the median on
Waterman Avenue directly adjacent to this site. The developer has paid the required $4,000
formation fee.
Tract No. 17972 consists of IS commercial lots. The annual cost of maintenance and incidentals
will be spread across these IS 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 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, the landscaping along
Waterman Avenue and the median has been deemed to be of a general benefit. The general
benefit portion of the annual cost of maintenance is estimated to be $1,891.93 and cannot be
assessed to the District. This amount will need to be paid from the general fund or other non-
district fund source. As set forth in the Engineer's Report, the estimated total annual assessment,
including all incidental expenses, is $11,363.82. Assessment units on commercial land are
assigned to each parcel based on the number of 7,200 square foot single family lots that could be
developed on the site if it were developed for residential use and gives a basis for calculating the
assessment spread. In essence, each parcel is assessed in proportion of its size to the other parcels
within the district. The per lot assessment will vary across each parcel but ranges from $303.76
to $1,766.77 per parcel. 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 March 5, 2007, Resolution of Intention No. 2007-75 was adopted, setting a public meeting
for April 16, 2007, and a public hearing for May 7, 2007, and preliminarily approving the
Engineer's Report. Notice of the meeting, hearing, and assessment ballots were mailed to the
owner of record. Since the developer still owns all of the lots, a majority protest is not
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Staff Report - continued
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.
All of the ballots have been received for all lots supporting the proposed assessment.
On April 16,2007, 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 of the ballots have been received for all lots supporting
the proposed assessment. All potential buyers will be given a disclosure notice by the developer,
advising them of the existence of an assessment district and the proposed annual cost.
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:
The 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 the public hearing be closed and the attached resolution be adopted.
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LOCA TION OF
PROPOSED ASSESSMENT
DISTRICT NO. 1045
VICINITY MAP
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1045 -
Waterman Avenue and Orange Show
Road Area (Tract No. 17972)
~ indicates un-incorporated areas within City's
~ Sphere of Influence
Created by: Ryan Sandoval
Date: 2/6/07
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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 WATERMAN A VENUE AND ORANGE SHOW ROAD AREA,
APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS
ASSESSMENT DISTRICT NO. 1045, 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
12 and Common Council of the City of San Bernardino have preliminarily found that the public
13 interest, convenience, and necessity require the maintenance oflandscaping in a portion of the City,
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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
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assessed will be able to carry the burden of the proposed assessments to pay the costs and expenses
thereof; and
WHEREAS, on March 5, 2007, 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. 1045, which is on file in the office of the City Clerk, and adopted Resolution No.
2007-75 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 WATERMAN AVENUE AND ORANGE SHOW ROAD 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. 1045; PRELIMINARILY APPROVING THE
ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC
1l<r. ;>2-
5"/7/07
04/04/2007
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RESOLUTION...FINDlNG AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST... WATERMAN AVENUE AND ORANGE SHOW ROAD AREA, APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT DlSTRICT...NO. 1045, 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.
HEARING."
which said resolution duly and legally was published and notice given ofa 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 ofthe proposed district, the work to be done or the extent of the district to be
assessed were heard and considered; 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 $11.363.82, which sets forth
the individual assessments to be levied on each of the parcels ofland within Assessment District
No. 1045, 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 April, 16,2007, and a Public
Hearing having been held on May 7,2007, 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.
04/09/2007
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RESOLUTlON...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST... WATERMAN AVENUE AND ORANGE SHOW ROAD AREA, APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1045, 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.
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 present and voting, the formation of Assessment District No, 1045, along with the
work and appurtenances described in said Resolution No. 2007-75 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. 1045 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 of land within Assessment District No. 1045
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RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST... WATERMAN AVENUE AND ORANGE SHOW ROAD AREA, APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1045, ORDERING THE
WORK, CONFIRMING THE 2007-2008 ASSESSMENT ROLL, AND DETERMINING THAT THE
SPECIAL ASSESSMENT INVESTIGATION, LIMIT A TION AND MAJORITY PROTEST ACT OF 1931
SHALL NOT APPLY.
are correctly set forth on Assessment Roll No. 1045 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
12 City Engineer and on file or to be filed in the office of the City Engineer, at such time when the
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. installation of the landscaping and appurtenances has been accepted by the City. The contract will
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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
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categorically exempt from the requirements of the California Environmental Quality Act (CEQA),
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pursuant to Class I, Section l5301(c).
SECTION 9. Reference hereby is made to said Resolution No. 2007-75 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. 1045 be placed on the
subject 2007-2008 property tax bills for collection together with all other property taxes.
04/09/2007
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RESOLUTlON...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
~ROTEST... WATERMAN AVENUE AND ORANGE SHOW ROAD AREA, APPROVING TIlE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1045, 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.
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:
AYES
NAYS
ABSTAIN ABSENT
Council Members:
ESTRADA
BAXTER
BRINKER
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JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this _ day of
,20_.
PATRICK J. MORRIS, Mayor
City of San Bernardino
Approved as to form:
04/09/2007
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