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HomeMy WebLinkAbout31-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Public hearing - 4:00 p.m., and Resolution Ordering Work - Olive Avenue and Belmont Avenue Area Landscape Maintenance Assessment District No. 1051 (Tentative Tract No. 17396). Dept: Development Services Date: July 12,2007 File No.14.40-154 MCC Date: July 16,2007 Synopsis of Previous Council Action: 06/13/06 - Tentative Tract No. 17396 was approved, with conditions. OS/21/07 - Authorization was given to proceed with the formation of the Olive Avenue and Belmont Avenue Area Landscape Maintenance Assessment District No.1 051, and Resolution ofIntention No. 2007-168 was adopted. Recommended Motion: I. That the public hearing relative to the formation of the Olive Avenue and Belmont Avenue Area Landscape Maintenance Assessment District No. 1051, be closed. AND 2. Adopt resolution (4/5 vote required) ~(),~ Valerie C. Ross Contact person: Laszlo Fogassy Phone: 5226 Supporting data attached: Staff Report, Maps, Reso. Ward: 5 FUNDING REQUIREMENTS: Amount: $5,900 (Processing fee paid by applicant) Source: (Aeel. No.) 254-000-2301-6042 (Aeel. Description) Assessment District Deposits Finance: Council Notes: ~/M~'drr Age loom No -~/ - 7//~/tJl e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public hearing - 4:00 p.m., and Resolution Ordering Work - Olive Avenue and Belmont Avenue Area Landscape Maintenance Assessment District No. 1051 (Tentative Tract No. 17396). BACKGROUND: On June 13, 2006, Tentative Tract No. 17396, located on the east side of Olive Avenue and the south side of Belmont A venue was approved. On December 21, 2006, Delgado Developers Inc., the owner and developer of the tract, submitted a letter requesting the formation of a landscape maintenance assessment district. as one of the conditions of approval for the tract. The formation of the 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 area to be maintained by the district will be a strip of landscaping (3 feet x 230 feet) along the east side of Olive Avenue and adjacent to Lots 13 and 14 of this tract. e When developed, Tract No. 17396 will consists of 14 single-family lots. The annual cost of maintenance and incidentals will be spread across these 14 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 set forth in the Engineer's Report, the estimated total annual assessment for this district is $1905.26, which will be spread across the 14 lots. The estimated annual assessment per lot is $136.09. All of the maintenance costs will be assessed to the district since there is no general benefit determination. On May 21, 2007, authorization to proceed with the formation of the District was given and Resolution No. 2007-168 was approved, setting a public hearing for July 16, 2007 and preliminarily approving the Engineer's Report. A notice and an assessment ballot were mailed to the property owner. The property is currently under one ownership and no protests are anticipated. When subdivided, 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. Upon closing of the public hearing, the attached resolution approving the formation of the Assessment District may be considered. Formation of the assessment district will require the adoption of the resolution by a four-fifths (4/5) affirmative vote of the council members voting. FINANCIAL IMPACT: None. The applicant has paid the $5,900 processing fee and all subsequent work carried out in the district will be assessed back to property owners. RECOMMENDATION: That the public hearing be closed and the attached resolution be adopted. e e LOCA nON OF PROPOSED ASSESSMENT DISTRICT NO. 1051 Highland Ave. Base Line St. SIIlSt. MIIISt. Orange how Rd. ., . o .K {] VICINITY MAP NO SCAlE :I ~ ~ CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1051 - Olive Avenue and Belmont Avenue Area (Tract No. 17396) ~ indicates un.incorporated areas within City's ~ Sphere of Influence Created by: Ryan Sandoval Date: 2/28/07 e , A _, Z' ~ :. Ii. z, . I: ~ 0 : ;f , I" ~, : 1 F p .. , ~ I'!' "Hi ~ . ~ H, ~ ~ !~ uH !:, ~I j!ji.]lzo' !". '! ' , 8i~ I~ ,,,!! , i ",,, E J" , ~ i"'!!~ I~JlS~'E . U _" ~ l D ~ f o. z~g 'liql '1"i!u~ l . ~ I .. OIl I r l u ~! u J i~i li810iE , I po,u".~ . 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I ' j L & I ! niH ~ I . , " H t ~H ~ J: ~ r ! !t~ Ii ~';" 'i::'-~;-;.~, -1(,;;. Cl < ~ J! Z. "' ..I . iO 1ft I ! f~H '" O~ ~ aJ ~,r ~ ~ . o",w z < ~ I 0:1<0 ~jG ~~<Cwii)z- ~&~ ~ ~ wo;l (I') =<.::l C m~~ ci!;~ ZeD ~~'" <(I,&..~ ~u~ 0000 ~~~ ~ffi~ ~5~ >~.. < 1i 5~ S ~ r ~ 0 ?,-, _~~" fll,; >J,,' )"'" ",,\t!, f I :Ie 1 I ~ ~ I! ! . . .n ~ h. ! "/.. I · OJ h a i ~ ~g; ~ . , WM ~ r: z Ci . ;; 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 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 OLIVE AVENUE AND BELMONT A VENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1051, 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 May 7, 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. 1051, which is on file in the office of the City Clerk, and adopted Resolution No. 2007-168 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 OLIVE AVENUE AND BELMONT 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. 1051; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING." '-ILo. 31 ()7 //~/O) 07112/2007 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 RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST...OLIVE AVENUE AND BELMONT AVENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1051, 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 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 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 $1,905.26, which sets forth the individual assessments to be levied on each of the parcels ofland within Assessment District No. 1051, 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 Hearing having been held on July 16, 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 07/12/2007 2 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 RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST...OLIVE AVENUE AND BELMONT A VENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1051, 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 present and voting, the formation of Assessment District No.1 051, along with the work and appurtenances described in said Resolution No. 2007-168 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. 1051 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. 1051 are correctly set forth on Assessment Roll No.1 051 for the fiscal year 2007-2008, as set forth in 07/12/2007 3 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 RESOLUTION ...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST...OLIVE A VENUE AND BELMONT A VENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1051, 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. 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 15301(c). SECTION 9. Reference hereby is made to said Resolution No. 2007-168 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. !O51 be placed on the subject 2007-2008 property tax bills for collection together with all other property taxes. 07/12/2007 4 1 2 3 4 5 RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST...OLIVE A VENUE AND BELMONT A VENUE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1051, 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 6 Common Council of the City of San Bernardino at a 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the day of ,20_, by the following vote, to-wit: Council Members: A YES ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK meeting thereof held on NAYS ABSTAIN ABSENT City Clerk The foregoing resolution is hereby approved this _ day of Approved as to form: 07/12/2007 ,20_. PATRICK J. MORRIS, Mayor City of San Bernardino 5