HomeMy WebLinkAbout27-Development Services ORIGINAL
i CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Public hearing—4:00 p.m., and
Resolution Ordering Work—Mill Street and
Dept: Development Services Meridian Avenue Area Landscape
Maintenance Assessment District No. 1061
Date: April 19, 2007 (Tract No. 17218).
File No. 14.40-157 MCC Date: May 7, 2007
Synopsis of Previous Council Action:
12/06/05—Tentative Parcel Map No. 17218 was approved, with conditions.
3/19/07—Authorization was given to proceed with the formation of the Mill Street and
Meridian Avenue Area Landscape Maintenance Assessment District No. 1061, and Resolution
of Intention No. 2007-85 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 Mill Street and Meridian Avenue
Area Landscape Maintenance Assessment District No. 1061 be closed.
AND
2. Adopt resolution(4/5 vote required) '
FrONalerie C. Ross
Contact person: Ryan Sandoval Phone: 5226
Supporting data attached: Staff Report, Maps, Reso. Ward: 6
FUNDING REQUIREMENTS: Amount: $5,900 (Processing fee paid by applicant)
Source: (Acct. No.) 254-000-2301-6057
(Acct. Description) Assessment District Deposits
Finance:
Council Notes: tEa d zoo 7
Ca-1 167
Agenda Item No. °-a 7
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
s Staff Report
SUBJECT:
Public hearing—4:00 p.m., and Resolution Ordering Work—Mill Street and Meridian Avenue
Area Landscape Maintenance Assessment District No. 1061 (Tract No. 17218).
BACKGROUND:
On December 6, 2005, the Planning Commission approved Tentative Tract Map No. 17218,
located on the northwest corner of Mill Street and Meridian Avenue. On January 9, 2007, Jerry
Ronnebeck Engineering on behalf of Conley Moret, 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 Mill Street. The developer has paid
the required$5,900 formation fee.
Tract Map No. 17218 consists of 8 residential lots and the annual cost of maintenance and
incidentals will be spread across these 8 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,
portions of the landscaping along Mill Street has been deemed to be of a general benefit. The
general benefit portion of the annual cost of maintenance is estimated to be $422.31, 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 $2,536.64. This amount will be spread across the 8 lots
within the District and the annual maintenance cost per unit will be $317.08. 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 19, 2007, Resolution of Intention No. 2007-85 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. Notices 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
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.
Staff Report— continued
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 homebuyers 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 $5,900 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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PROPOSED ASSESSMENT
DISTRICT NO. 1061 VICINITY MAP
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CITY OF SAN BERNARDINO Proposed Landscape Maintenance
DEVELOPMENT SERVICES DEPARTMENT Assessment District No. 1061 -
8an&mar iaa REAL PROPERTY SECTION
Mill Street and Meridian Avenue Area
Indicates un-incorporated areas within City's (Tract No. 17218)
Sphere of Influence
Created by: Ryan Sandoval Date: 2/20/07
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33. Continued.
Approved
MOTION: That the hearing be closed; and that said resolution be adopted.
(415 vote required.)
Adopted 2007-148
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
TO BE HEARD AT 4:00 P.M.
34. Public hearing - resolution ordering work - Mill Street and Meridian Avenue
Area Landscape Maintenance Assessment District No. 1061 - Tract No. 17218.
(See Attached) (No cost to the City -- $5,900 processing fee paid by
applicant.) Ward 6
Resoi— -- nardino finding and determining the existence
of le at ballots submitted in favor of the assessment
excel position to the assessment and that the public
convi ; the maintenance of landscaping in the Mill
Stree �a, approving the Final Engineer's Report,
creati ` d I ;over the costs of said maintenance, known as
Asses rdering the work, confirming the 2007-2008
Asses that the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 shall not apply. (Resolution not
available at time of printing.)
Mayor to open the hearing . . .
No Action Taken
MOTION: That the hearing be closed; and that said resolution be adopted.
(415 vote required.)
MOTION: That the matter be continued to May 21, 2007.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
TO BE HEARD AT 4:00 P.M.
35. Public hearing - resolution approving annexation and resolution calling a special
election and resolution certifying election results - Community Facilities District
No. 1033 (Verdemont Fire Station) - Annexation No. 1. (See Attached) (No
cost to the City -- $5,900 processing fee to be paid by applicant.)Wards 5&6
(Item Continued on Next Page)
15 05/07/2007
MEL-
1 COPY
2 RESOLUTION NO.
3 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
4 DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT
BALLOTS SUBMITTED IN FAVOR OF THE ASSESSMENT EXCEED THE BALLOTS
5 SUBMITTED IN OPPOSITION TO THE ASSESSMENT AND THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE OF
6 LANDSCAPING IN THE MILL STREET AND MERIDIAN AVENUE AREA,
APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS
8 ASSESSMENT DISTRICT NO. 1061, ORDERING THE WORK, CONFIRMING THE
2007-2008 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL
9 ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF
1931 SHALL NOT APPLY.
10
11 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 of landscaping in a portion of the City,
14 as more fully hereinafter described, and the appurtenances and appurtenant work and incidental
15
16 costs and expenses in connection therewith, that the project is feasible, and that the lands to be
17 assessed will be able to carry the burden of the proposed assessments to pay the costs and expenses
18 thereof; and
19 WHEREAS, on March 19, 2007, the Mayor and Common Council of the City of San
20 Bernardino preliminarily approved the'Engineer's Report relative to the formation of Assessment
21
22 District No. 1061, which is on file in the office of the City Clerk, and adopted Resolution No.
23 2007-85 entitled:
24 "RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
25 THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
LOCATED IN THE MILL STREET AND MERIDIAN AVENUE AREA WITHOUT
26 COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION
27 AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS INTENTION TO
PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS
28 ASSESSMENT DISTRICT NO. 1061; PRELIMINARILY APPROVING THE
ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC
7
04/04/2007 t S/7/D
j
RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
` 2 PROTEST... MILL STREET AND MERIDIAN AVENUE AREA,APPROVING THE FINAL
ENGINEER'S REPORT,CREATING AN ASSESSMENT DISTRICT...NO. 1061,ORDERING THE
3 WORK,CONFIRMING THE 2007-2008 ASSESSMENT ROLL,AND DETERMINING THAT THE
SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931
4 SHALL NOT APPLY.
5 HEARING."
6 which said resolution duly and legally was published and notice given of a Public Meeting and a
7 Public Hearing in the manner required by law, and pursuant to Section 4 of Article XIIID of the
8
California Constitution, all property owners given notice were also given an Assessment Ballot to
9
10 indicate support or opposition to the proposed assessment, and written objections and protests, if
11 any, to the formation of the proposed district, the work to be done or the extent of the district to be
12 assessed were heard and considered; and
13 WHEREAS, a Diagram of the Assessment District has been prepared and is on file in the
14
office of the City Clerk; and
15
16 WHEREAS, an Assessment Roll has been prepared totaling 52,536.64,which sets forth
I 17 the individual assessments to be levied on each of the parcels of land within Assessment District
18 No. 1061, for the fiscal year 2007-2008, as set forth in the Engineer's Report, as now submitted,
19 on file in the office of the City Clerk.
20
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
21 OF SAN BERNARDINO AS FOLLOWS:
22 SECTION 1. That a Public Meeting having been held on April, 16, 2007, and a Public
23
24 Hearing having been held on May 7, 2007, the Mayor and Common Council, having heard and
25 considered any and all comments received thereon and being fully advised in the premises,hereby
26 determine that any and all protests received represent less than a Majority Protest, as represented
27 by the assessment units assessable on the properties represented by said protests.
28 SECTION 2. That ballots having been received and considered, it is hereby determined
04/04/2007 2
1
RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
2 PROTEST... MILL STREET AND MERIDIAN AVENUE AREA,APPROVING THE FINAL
ENGINEER'S REPORT,CREATING AN ASSESSMENT DISTRICT...NO. 1061,ORDERING THE
3 WORK,CONFIRMING THE 2007-2008 ASSESSMENT ROLL,AND DETERMINING THAT THE
SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931
4 SHALL NOT APPLY.
5 that the ballots submitted in favor of the assessment exceed the ballots submitted in opposition to
6 the assessment.
7
SECTION 3. That it is hereby determined that all properties, parcels and lots within the
8
9 boundaries of the Assessment District receive a local and direct benefit for the works of
10 improvement as proposed for said Assessment District, except for portions determined to be of a
11 general benefit as set forth in said Engineer's Report, and it is hereby further determined and
12 declared that all assessable costs and expenses have been apportioned and spread over the
13 properties within the boundaries of the Assessment District in direct proportion to the benefits
14
received thereby.
15
16
SECTION 4. That the public convenience and necessity require the proposed maintenance
17 and the Mayor and Common Council hereby order, by an affirmative vote of not less than 4/5ths
18 of its members present and voting, the formation of Assessment District No. 1061, along with the
19 work and appurtenances described in said Resolution No. 2007-85 and said Engineer's Report as
20
21 herein approved and that the Special Assessment Investigation, Limitation and Majority Protest Act
22 of 1931 shall not apply.
23 SECTION 5. That the Engineer's Report relative to the formation of Assessment District
24 No. 1061 as now submitted,together with a Diagram of the Assessment District, both on file in the
25 office of the City Clerk, are hereby accepted and approved and that said Engineer's Report shall
26
stand as the Report for all future proceedings for this Assessment District.
27
28 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. 1061
04/04/2007 3
1
RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
2 PROTEST... MILL STREET AND MERIDIAN AVENUE AREA,APPROVING THE FINAL
ENGINEER'S REPORT,CREATING AN ASSESSMENT DISTRICT...NO. 1061,ORDERING THE
3 WORK;CONFIRMING THE 2007-2008 ASSESSMENT ROLL,AND DETERMINING THAT THE
SPECIAL ASSESSMENT INVESTIGATION,LIMITATION AND MAJORITY PROTEST ACT OF 1931
4 SHALL NOT APPLY.
5 are correctly set forth on Assessment Roll No. 1061 for the fiscal year 2007-2008, as set forth in
6 said Engineer's Report, as now approved, and on file in the office of the City Clerk of the City of
7
San Bernardino, and do hereby confirm said assessments.
8
9 SECTION 7. The City Clerk is hereby directed and authorized to publish a Notice Inviting
10 Bids for performing the work ordered, in the San Bernardino County Sun, a newspaper published
11 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
13 installation of the landscaping and appurtenances has been accepted by the City. The contract will
I
14
be awarded pursuant to standards used by the City in the award of Public Works contracts.
15
16 SECTION 8. It is hereby determined that the formation of the assessment district is
17 categorically exempt from the requirements of the California Environmental Quality Act(CEQA),
18 pursuant to Class 1, Section 15301(c).
19 SECTION 9. Reference hereby is made to said Resolution No. 2007-85 and said
20
21 Engineer's Report for a description of the work, the extent of the assessment district, the financing
22 alternatives and for further particulars.
23 SECTION 10. That the City Clerk is directed to cause a copy of this Resolution to be
24 transmitted to the office of the Auditor-Controller for the County of San Bernardino with the
25 request that the individual assessments as shown on Assessment Roll No. 1061 be placed on the
26
27 subject 2007-2008 property tax bills for collection together with all other property taxes.
28
04/04/2007 4
1 RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
2 PROTEST... MILL STREET AND MERIDIAN AVENUE AREA,APPROVING THE FINAL
ENGINEER'S REPORT,CREATING AN ASSESSMENT DISTRICT...NO. 1061,ORDERING THE
3 WORK,CONFIRMING THE 2007-2008 ASSESSMENT ROLL,AND DETERMINING THAT THE
SPECIAL ASSESSMENT INVESTIGATION,LIMITATION AND MAJORITY PROTEST ACT OF 1931
4 SHALL NOT APPLY.
5
6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a meeting thereof held on
8 the day of , 20 , by the following vote, to-wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
11
BAXTER
12
13 BRINKER
14 DERRY _
15 KELLEY
16 JOHNSON
17
MCCAMMACK
18
19
20 City Clerk
21 The foregoing resolution is hereby approved this day of , 20
22
23 PATRICK J. MORRIS, Mayor
24 City of San Bernardino
25 Approved as to form:
26
27 l
28 JAMES F. NMAN, City Attorney
04/04/2007 5