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Home My WebLink About26-Development Services e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Public hearing - 4:00 p.m., and Resolution Ordering Work - 48th Street and Little Mountain Drive Area Landscape Maintenance Assessment District No. 1065 (Tract No. 17038). Dept: Development Services Date: September 6, 2007 File No. 14.40-162 Synopsis of Previous Council Action: MCC Date: October I. 2007 09/06/2005 - Tentative Tract Map No. 17038 was approved, with conditions. 08/06/07 - Authorization was given to proceed with the formation of the 48th Street and Little Mountain Drive Area Landscape Maintenance Assessment District No. 1065, and Resolution of Intention No. 2007-317 was adopted. Recommended Motion: e I. That the public hearing relative to the formation of the 48th Street and Little Mountain Drive Area Landscape Maintenance Assessment District No. 1065 be closed. AND 2. Adopt resolution (4/5 vote required). _ C. '!~ Valerie C. Ross Contact person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report, Maps, Reso. Ward: 5 $5,900 (processing fees paid by applicant) FUNDING REQUIREMENTS: Amount: $776.65 (Estimated annual General Benefit amount) Source: IAcct. No.) 254-000-2301-6061 Assessment District Deposits / (Acct. Description) General Fund Finance: Council Notes: e Agenda Item No. ~JD JO/J/D1. e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public hearing - 4:00 p.m., and Resolution Ordering Work - 48th Street and Little Mountain Drive Area Landscape Maintenance Assessment District No. 1065 (Tract No. 17038). BACKGROUND: On September 6, 2005, the Planning Commission approved Tentative Tract Map No. 17038, located on the southwest comer of 48th Street and Little Mountain Drive. On May 3, 2007, Michael L. Anderson on behalf of K & S Properties, LLC, 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 southerly side of 48th Street and along portions of the westerly side of Little Mountain Drive. When the final map of Tract Map No. 17038 is approved and recorded, it will create 38 condominium units and the annual cost of maintenance and incidentals will be spread across these 38 units. 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 48th Street and Little Mountain Drive have been deemed to be of a general benefit. The general benefit portion of the annual cost of maintenance is estimated to be $776.65, 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 $7,409.24. This amount will be spread across the 38 units within the District and the annual maintenance cost per unit will be $194.98. 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 August 6, 2007, Resolution of Intention No. 2007-317 was adopted, setting a public hearing for October 1,2007, and preliminarily approving the Engineer's Report. Notices of the hearing and assessment ballots were mailed to the owner of record. Since all of the properties within the District are currently under one ownership, no protests are anticipated. Future property owners will purchase the parcels 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 e e Staff Report - continued 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 parcels 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 in the amount of $7,409.24, deemed to be a special benefit, will be assessed back to property owners within the Assessment District. The estimated annual cost of maintenance in the amount of $776.65, deemed to be a general benefit, will need to be paid from the general fund. RECOMMENDATION: Staff recommends that the public hearing be closed and the attached resolution be adopted. LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1065 Highland Ave. Base Line St. 5th Sl MillS!. Orange how Rd. .. . . D j( VICINITY MAP 'W y II".;:.: " . =~" ~ CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1065 - 48th St. and Little Mountain Dr. Area (Tract No. 17038) ~ indicates un-incorporated areas within City's ~ Sphere of Influence Created by: Ryan Sandoval Date: 6/11/07 . . ::; , ~~ ~E- <~ -ell: QE- E-rI:l Z- [oilQ ::;E- rI:lZ rI:l[oil [oil::; rI:lrl:l rI:lrl:l <[oil rI:l rI:l < . 1 ~JjJ' t Ihlli Ilf 1~lf~H ~ IjZ.l:t~1 f~"li I~H l";: f:1 u 11 '01 I H if ! ~~ -!!I'! ~ I ~.. .. lD .. <> , l~u~_ j j}j _ '000 ~. theE. ~E 'f! ~z I~ ~ ~~ {Iii ~! E~ ~5 ~Jt3lJoct~ j . . .. "6 i '" ~~ ;; . . . . u ." u l ii ~ I ~! In ~ ~ Q " ~ <1-< ~ ~ ~ ::.:: II::.I..: < ;. " :J.l !a z 2: c < " ;. ~ :: ~ 0 ~~t :... ~ :z ~ ~ 5 ::: < :.J ~ :.0.: "" j ~ ~ '- < ::l ~ z::.:: :i :.0.: < o !z ~ z :( :.:.l ;:::t :a ~ ~ ~ :z: < ~ fii li 5 = c. >- ~~~ ~ - r-- -____ . .~ t"':---_ '~ ............ /'~ .....--- ~.., '--. I . 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I I 1 I I I I I I I I I L , . . . i i 11HI~ !l !JI~161 ~iii~~!i .'1 0.., ~t'II.; ii ! II II i I! ii i' .ih. "I' HI i I J "i! l'~i. III i'IH !jii i Iii! i i :!'~g ..,Hili .i~!:15.!t~! " :a , z - ! !<~ '" ,il! N N , i ., '0 - l . . 'I E , " 1 I.I! J I ' ! i~! ,~ ' I t I I ! f i.1 I II 8 cl'li : I j n i fj ill'. ~ ~lJ h , ., , O~ I z t ~~ :(.. Olll~ !i:~t;; I II: Ii: 51: Q ,< :e:':!i: ,Z~l> ~~'" ,a:&C z~ W...J(/) _ < ~ CD w:llf:: ...J oJ..: z~!5 Qili~ ,ctO:: ~ct~ 'CI.l15 u ;. <u LL....::J ffi ~ ~ OZCD ~-z w;:) !- ~ ~ :~/!o. ~ !< ru~ ~ ~ , 0 i . i . g "u u. "1 ~u ~. ,~ . . i . . ~ We ,,~ U ! . ~ . l . ~ ~ , ! ,11 ~! ~ Ii z. w. ~.. uu ~ J ~ !e ~~ ~6 It If Iii I:i ;415 ,! ~H I ~C() ~ i !.' 01 ~[ , i! ,. ,! Ig, ~ i~! I ~;: < lili :18 I ~ ~ I I I ~ W ~ ~I ~ I ! Ii . . i . ~ Ii ~ . ~ ~~ ~ ~ ~ r=~ 06'- , ,= ~~ " I .. < ::!! ~ Z U . :> 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 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 48TH STREET AND LITTLE MOUNTAIN DRIVE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1065, ORDERING THE WORK, CONFIRMING THE 2008-2009 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 August 6, 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. 1065, which is on file in the office of the City Clerk, and adopted Resolution No. 2007-317 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 48TH STREET AND LITTLE MOUNTAIN DRIVE 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. 1065; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING." 09/04/2007 NO. !;;;" 10-1-07 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 RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST... 48TH STREET AND LITTLE MOUNTAIN DRIVE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1065, ORDERING THE WORK, CONFIRMING THE 2008-2009 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY. which said resolution duly and legally was published and notice given of 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 ofthe City Clerk; and WHEREAS, an Assessment Roll has been prepared totaling $7.409.24. which sets forth the individual assessments to be levied on each of the parcels ofland within Assessment District No. 1065, for the fiscal year 2008-2009, 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 October 1,2007, 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 09/04/07 2 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...FINDlNG AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST... 48TH STREET AND LITTLE MOUNTAIN DRIVE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DlSTRICT...NO. 1065, ORDERING THE WORK, CONFIRMING THE 2008-2009 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. 1065, along with the work and appurtenances described in said Resolution No. 2007-317 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. 1065 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. 1065 09/04/07 3 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 RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST... 48TH STREET AND LITTLE MOUNTAIN DRIVE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1065, ORDERING THE WORK, CONFIRMING THE 2008-2009 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. 1065 for the fiscal year 2008-2009, 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 Environmental Quality Act (CEQA), pursuant to Class I, Section 15301(c). SECTION 9. Reference hereby is made to said Resolution No. 2007-317 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. 1065 be placed on the subject 2008-2009 property tax bills for collection together with all other property taxes. 09/04/07 4 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 RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST... 48TH STREET AND LITTLE MOUNTAIN DRIVE AREA, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1065, ORDERING THE WORK, CONFIRMING THE 2008-2009 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 Common Council of the City of San Bernardino at a the day of Council Members: AYES ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK meeting thereof held on , 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: 09/04/07 ,20_ PATRICK 1. MORRIS, Mayor City of San Bernardino 5