HomeMy WebLinkAbout26-Development Services
e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
e
:e
From: Valerie Co Ross, Director
Subject: Public hearing - 4:00 p.m., and
Resolution Ordering Work - Chiquita Lane
and Date Street Area Landscape Maintenance
Assessment District No.1 060 (Tract No.
17576).
Dept: Development Services
Date: April 23, 2007
File No. 14.40-158 MCC Date: May 21, 2007
Synopsis of Previous Council Action:
10/18/05 - Tentative Tract Map No. 17576 was approved, with conditions.
04/02/07 - Authorization was given to proceed with the formation of the Chiquita Lane and
Date Street Area Landscape Maintenance Assessment District No.1 060, and Resolution of
Intention No. 2007-100 was adopted.
05/07/07 - Public Meeting was held and item carried over to the Public Hearing on 5/21/07.
Recommended Motion:
1. That the public hearing relative to the formation of Chiquita Lane and Date Street Area
Landscape Maintenance Assessment District No. 1060 be closed.
AND
2. Adopt resolution (4/5 vote required)
Yu.tuu () ~
Valerie C. Ross
Contact person: Ryan Sandoval
Phone: 5226
Supporting data attached: Staff Report, Maps, Reso. Ward: 4
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant)
Source: (Acct. No.) 254-000-2301-6056
(Acct. Description) Assessment District Deposits
Finance:
Council Notes:
Agenda Item No.
5/ulb7
. .
.:l.G
e
e
e
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public hearing - 4:00 p.m., and Resolution Ordering Work - Chiquita Lane and Date Street Area
Landscape Maintenance Assessment District No.1 060 (Tract No. 17576).
BACKGROUND:
On October 18, 2005, the Planning Commission approved Tentative Tract Map No. 17576,
located on the northeast comer of Chiquita Lane and Date Street. On October 18, 2006,
Nickolas R. Livingston on behalf of Michelle Harris (Love Improvements), 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 westerly side of Chiquita
Lane north of Date Street. The developer has paid the required $4,000 formation fee.
Tract Map No. 17576 consists of 5 residential lots and the annual cost of maintenance and
incidentals will be spread across these 5 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 Chiquita Lane has been deemed to be of 100% special benefit.
The special benefit portion of the annual cost of maintenance, including all incidental expenses,
is estimated to be $4,504.00. This amount will be spread across the 5 lots within the District and
the annual maintenance cost per unit will be $900.80. This amount is higher then the average
assessment and is due to the small number of lots relative to the area of maintenance. 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 April 2, 2007, Resolution of Intention No. 2007-100 was adopted, setting a public meeting
for May 7, 2007, and a public hearing for May 21, 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
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
Staff Report - continued
All of the ballots have been received for all lots supporting the proposed assessment.
On May 7, 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 $4,000 processing fee. Estimated costs of annual maintenance,
including additional formation costs, will be assessed back to property owners within the
Assessment District.
RECOMMENDATION:
e Staff recommends that the public hearing be closed and the attached resolution be adopted.
e
LOCA TION OF
PROPOSED ASSESSMENT
DISTRICT NO. 1060
5th St.
MlllSt.
., .
.
o
J{
VICINITY MAP
8
NO SCALf
::I
.
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERlY SECTION
Proposed Landscape Maintenance
Assessment District No. 1060 -
Chiquita Lane and Date Street Area
(Tract No. 17576)
~ indicates un-lncorporated areas within City's
~ Sphere of Influence
Created by: Ryan Sandoval
Date: 2/28/07
tit
tit
tit
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1060
CffiQUITA LANE AND DATE STREET AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO
1:- 135.00' ----
"~,,
g 'g
. CD .
. . 20
,~ ~
~ __~8!~.~12~~__
---
2
b '0
0 0 0
. . 21
. .
N89'J6'~J"[ 135.00' !;j
--r~Wtrr~tu'l!~-- <0",
.,.-
--~
"8 rlRi~({;r lNf@o f1!@'1~ o' '\
'<
;i 3 g
~ '"
G) '" 22
'-
<J
N89'36"4)"[ 135.00' k lti
-~~--~--~.-- '- ,..
---
~ 1
1
~ -L
0 4
0 l~ 5 23
10 @
k
"
I~ ;; ---
TR"CT BOUNOARY Ib
I~
24
....
-
LEGEND:
""U$MEtlTOIS1'IllCT
BOUNl),MYSIt(IWrITMUS,
---
AREAS OF lIWNTiNANCE stlClWt\lTl1UIl
_SSMlENTNUMIIERSSHlJWIoInlUS:
..
LOCAnON OF
ASSESSMENT D1STRlCf
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVELOPMENT SER\llCES
PUBUC WORKS DIVISION
VICINITY MAP
CHIQUITA lANE AND OM';' STREET
AIU!A!.AND5CAPEhIAIM'EJ'W'ICE
ASSESSlolENTDI511Ucr
F',..! in the of'fIc:eoflh. Cily C*It in ...Cily oI'SlIn BemMlno
Il'is_dllYof 20
RACHEL Cl.ARK,
City CI-". City of 5811 BemMlino
Ihe!8byCl!lll'tlhll"'lTllllIlhawlngllwpropOll8dbou~for
~IOIlIlrIclNo.10llDinIheCil)rdS.,B~.
Caul'itydSlns.m.tdino,8mlllofCalifami.._~by
Ihe~MdCommorl CoundlQ/u.CitydSan 8efne~III.
rwgU.,meelingllwl.a',heldQllIM_cMYof
2O~.by~ND.
.8ndt-.bMnfl..:linlheo!lced..
CauntyReoon:llll'ofSlln~noCollntyonll'8__
of .20 m~
plIg8(s) ofMlpll of .u-mefllsnd COrrm.Inily
FBCililieeDitlr\dll.
RACHELCI..ARK.
City C1......Ci!ycfS.nBemardno
RllCOflledinlt801nClloftt,.CiIYEngi_Il'iI_dlI~cf
"
ellY ENGINEER
CityofSsnBemlltdlno
An_nl_I....-cIbylhllMllyor.ndColnmorlCouncilrll
tMCilyalSan Bemal'lllnoon lhelcll8.pieceIl.lIIId~dlhe
l.ndshownonlhs_ntdilgrarTl. Slid.-nwll_
18Yied on lhe_dayof 20_:
1hI__ldi8llf1lmlllldlhl_mentfOll_NC:llIu.dln
lheofftceolIheCiIyEnginnrofllidCilyonlhe_.ay
of 20 ~is""l)1hI
__lrolrecon:l8dinlhlo:;r;c.oIlheCiIyEngI~fDr"
ellllCtamounlafllCll_nlle'o'led8glllnsl.mpM:llal
larodstlownonlhls..-tlhgl8m.
RACHEL ClARK.
CiIyO-.CilyolSanSsmaJdino
c
Sill Beml.rdno County Recardlr'sc.rIIbIII
~
<D
TWslTllphllbllllnftledund.Oocu"*,,,
Nu",,-" IIiI
ltayd 2O.1I.m...
-- ~
11 page .Il!tl8.-q\Jl11101
.
in tMInlOUnld$
DRAWING
NO.
...,-
Alidlb'O..4.;11a.~""
CounIyolSsnBlmMllrlo
By.
12110A
_,--1-""
-'--
--
.
e
e
e
1
2
3
4
5
6
7
8
9
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 CHIQUITA LANE AND DATE STREET AREA, APPROVING
THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO
COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT
NO. 1060, ORDERING THE WORK, CONFIRMING THE 2007-2008 ASSESSMENT
ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION,
LIMITATION A~D MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY.
101 WHEREAS, pursuant to Chapter 12.90 of the San Bernardino Municipal Code, the Mayor
I
11
and Common Council of the City of San Bernardino have preliminarily found that the public
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 will be able to carry the burden of the proposed assessments to pay the costs and expenses
thereof; and
WHEREAS, on April 2, 2007, the Mayor and Conimon Council of the City of San
Bernardino preliminarily approved the Engineer's Report relative to the formation of Assessment
District No. 1060, which is on file in the office of the City Clerk, and adopted Resolution No.
2007-100 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 CHIQUITA LANE AND DATE STREET 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, 1060; PRELIMINARIL Y APPROVING THE
ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC
HEARING."
04/23/2007
-JI ;2 t
5'02./ . 07
e
e
e
18
19
20
21
22
23
24
25
26
27
28
1
RESOLUTION...FINDlNG AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
2 PROTEST... CHI QUIT A LANE AND DATE STREET AREA, APPROVING THE FINAL ENGINEER'S
REPORT, CREATING AN ASSESSMENT D1STRJCT...NO. 1060, ORDERING THE WORK,
3 CONFIRMING THE 2007-2008 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL
ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL
4 NOT APPLY.
5
6'
7
8
9
10
11
12
13
14
15
16
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 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 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 $4,504.00. which sets forth
the individual assessments to be levied on each of the parcels ofland within Assessment District
17
No. 1060, 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 May 7, 2007, and a Public
Hearing having been held on May 21, 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
that the ballots submitted in favor of the assessment exceed the ballots submitted in opposition to
04/23/2007
2
.
.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
. 20
21
22
23
24
25
26
27
28
.
1
RESOLUTION... FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
2 PROTEST... CHIQUITA LANE AND DATE STREET AREA, APPROVING THE FINAL ENGINEER'S
REPORT. CREATING AN ASSESSMENT DISTRICT...NO. 1060, ORDERING THE WORK,
3 CONFIRMING THE 2007-2008 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL
ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL
4 NOT APPLY.
the asses'ment.
SECTION 3. ThaI il is hereby delermined Ihat all properties, parcels and lots within the
boundaries of the Assessment District receive a local and direct beneJit for the works of
improvement as proposed for said Assessment District, except for portions determined 10 be of a
general benefit as set forth in said Engineer's Report, and it is hereby fUlther determined and
declared that all assessable costs and expenses have been apportioned ;md 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. 1060, along with the
work and appurtenances described in said Resolution No. 2007-100 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 S. That the Engineer's Report relative to the formation ofAssessm~nt District
No. 1060 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. 1060
are correctly set forth on Assessment Roll No. 1060 for the fiscal year 2007..2008, as set forth in
04/23/2007
3
.
.
5
6
7
8
9
10
1]
12
13
14
15
16
17
18
19
20
2]
'22
23
24
25
26
27
28
.
1
RESOLUTlON...FINDlNG AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
2 PROTEST... CHIQUITA LANE AND DATE STREET AREA, APPROVING THE FINAL ENGINEER'S
REPORT, CREATING AN ASSESSMENT D1STRICT...NO. 1060, ORDERING THE WORK,
3 CONFIRMING THE 2007-2008 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL
ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL
4 NOT APPLY.
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 Environmental Quality Act (CEQA),
pursuant to Class I, Section l5301(c).
SECTION 9. Reference hereby is made to said Resolution No. 2007-100 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. 1060 be placed on the
subject 2007-2008 property tax bills for collection together with all other property taxes.
04/23/2007
4
e
e
e
1
RESOLUTJON...FINDlNG AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
2 PROTEST... CHIQUITA LANE AND DATE STREET AREA, APPROVING THE FINAL ENGINEER'S
REPORT, CREATING AN ASSESSMENT D1STRICT...NO. 1060, ORDERING THE WORK,
3 CONFIRMING THE 2007-2008 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL
ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL
4 NOT APPLY.
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Common Council of the City of San Bernardino at a
meeting thereof held on
the
day of
,20_, by the following vote, to-wit:
Council Members:
AYES
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
NAYS
ABSTAIN
ABSENT
City Clerk
The foregoing resolution is hereby approved this _ day of
Approved as to form:
04/23/2007
,20_
PATRICK J. MORRIS, Mayor
City of San Bernardino
5