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HomeMy WebLinkAbout18-Development Services , ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: ValerieC. Ross, Director Subject: Resolution terminating Landscape Maintenance Assessment District No. 1065, 48th Street and Little Mountain Drive area. Dept: Development Services Date: August 5, 2008 File No. 14.40-162 Synopsis of Previous Council Action: 10-10-2007 - Resolution No. 2007-415 was adopted, approving the formation of Assessment District No.1 065 relative to Tentative Tract Map No. 17038, 48th Street and Little Mountain Drive area. MCC Date: September 2, 2008 Recommended Motion: Adopt Resolution. bJO.RHv Valerie C. Ross Laszlo "Les" Fogassy Contact person: Staff Report, Maps, Resolution Supporting data attached: Phone: 5026 Ward: 5 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A (Acct. Description) N/A Council Notes: a2'> ~...3 i.<- Finance: Agenda Item No. /8 f... 2--()S CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution terminating Landscape Maintenance Assessment District No.1 065, 48th Street and Little Mountain Drive area. BACKGROUND: On October 10, 2007, Resolution No. 2007-415 was adopted, approving the formation of Landscape Maintenance Assessment District No. 1065, 48th Street and Little Mountain Drive area. The formation of the District was a condition of approval by the Planning Commission for Tentative Tract No. 17038. The proposed development consisted of 38 condominium units. Approval of the resolution included approval of the 2008/2009. assessment roll to provide funding for landscape maintenance once development was to occur, and has been forwarded to the San Bernardino County Property Tax Division to be assessed on the 2008/2009 tax bill, along with the other various assessment districts. K & S Property LLC, the owner of the property recently advised staff that the property was being sold to the San Bernardino City Unified School District for construction of a new elementary school. On July 17, 2008 a Grant Deed was recorded, transferring the property to the School District. The approved Assessment District was for a previously proposed development that will no longer be built. The City of San Bernardino cannot impose the conditions of an Assessment District on School District property. The School District has requested that the City terminate the Assessment District and release any liens imposed by the Assessment District. After termination of the District, the assessment will removed from the County Tax Rolls. FINANCIAL IMPACT: None RECOMMENDATION: Adopt Resolution Attachments: -Vicinity Map -Assessment District Map -Letter from San Bernardino Unified School District LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1065 - . Highland Ave. Base LIne St. ;;; in ~ ~ ~ 5thSt. . MiIISt. o . E ~ '" . o o B 1< o F ;; ;;; Orange how Rd. ., . o K VICINITY MAP fJ ::f . 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 ~!' ~. l~i '6~ i J> ,o,..~ I ~ lIlu'Oii.c u. <g~S Ii If ~Hf.H ~ p." .b . ~li.<l~ ;58~ CI.~l ~ li8~ 10 ..~K" "g 50 ~1ii 'E I ~ ..~.~ loi gcJ;ii <11"''0 i '~IH ~. ! ~-i' · > 5i ll~o(/) ~ 'i5 ~;: ~E;n ~ ~ .Ill!ltHll II ~ f~lIl-~ ~~ U fJlL1u.u I . ;:1 6 .. S ' .. . . o ~ o ~ " i~ LI .s lI'l 0 ~ ~ ~ ~ ~g U~ I.:l E-< ~ ~ ~ < U ,,~i:i S;: h~ ~~~~8 Z ""'""' ~ ~ 6 ~~~~i oo~ ~~~ r.l;:8 ~O ~OO ~~~ <~ e~~ 00 ~,JO 00 ~ < ~ . . C, I~HI~ l i e15j,1:I 1S~ i1a::w ~ ~.~;;} I~o ~.!!lacw oti c~"i~~~s~ ~~l!l .~~ 8~ ="15 '6 i' '2[~~.i ~i ~~~ I~ s:~ ~... tlo:i i ~ HI" P ".1 I.~il ffij j~i l"ji, ~~ I'jf i JiB ~1S "I I .., t;~ "l"~ ail'" 00 .!'6i{lllBsl!1 I " I rl ~. 0' ~ . ~ ~ .. i o . ~~ iil.i i ~8 I ~ " ~ <( -6 <D ~z ~ " ~ I ~i .:1 %0 ~8 ..'I , }"If 1t.1 II i 10 8 ~". t ! II M Ii ;i ~ ~d ~~ 11 ! 4,;: l .~~ S.d if; o::J z!;1 -a: c~ z a: '= 0 <( z- Zw~ a: ~ ~ W~Cl [[l...J~ z~o: <( c ~ U):S () ll..!z'" ow~ ~~a. -< Oib c , , l ! H ~ t; < - ~~~ ~-o ~G~ ~~~ ~:s'" ~~~ ~~~ &;~~ ij ~ ~ ~ II ~ , II !! , : , i i! ! i , :18 L. I ! · ! ! .. i ili ~n ; ,!, ' c ~~ i ~ ffi U! ; ~ ~~ i ~ g . ~I;; ze ~~ g~ ~ ~ :E ~ z U .. ;: Arturo Delgado, Ed.D. Superintendent John A. Peukert, Assistant Superintendent, Facilities/Operations August6,2008 Laszlo "Les" Fogassy Assessment District/Real Property Manager City of San Bernardino Development Services Department 300 N. "0" Street, 3rd Floor San Bernardino. CA 92418 Re: Vacant land located at 48th Street and Little Mountain Drive Tentative Track Map # 17038 Subdivision # 05-15 - APN # 0266-132-09 SBCUSD request to terminate Assessment District NO.1065. Dear Mr. Fogassy: Please accept this letter as a formal request from the San Bernardino City Unified School District (SBCUSD) to the City of San Bernardino to terminate Assessment District No. 1065 and release the recorded encumbrance on the property. SBCUSD has acquired this vacant land as the site for the construction of the new Little Mountain Elementary School. Should you have questions or require additional information, please do not hesitate to contact Mr. Kit Kurisaki of my staff at 909-381-1238 or me. Sin~/ Wael Elatar Facilities Administrator Wael Elatar Facilities Administrator FACILITIES/OPERATIONS DMSION 777 North F Street. San Bernardino, CA 92410 (909) 381.1238 . Direct (909) 381.1239 . Fax (909) 885-4218 . wael.elatar@sbcusd.com ... c 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 o o taJflf RESOLUTION NO. RESOLUTION OF THt tITY OF SAN BERNARDINO TERMINATING LANDSCAPE MAINTENANCE; ASSESSMENT DISTRICT NO. 1065, 48TH STREET AND LITTLE MOUNTAIN DRIVE AREA, AND RELEASING OF LIENS. WHEREAS, by Resolution No. 2007-4 J 5, the Mayor and Common Council found that the public interest, convenience, and necessity required the formation of a Landscape Maintenance Assessment District in the 48th Street and Little Mountain Drive area; and WHEREAS, by said Resolution No. 2007-415, the Mayor and Common Council formed an assessment district known as Assessment District No. 1065 for the maintenance of landscaping and appurtenant facilities within the boundaries of Assessment District No. 1065, pursuant to the provisions of Chapter 12.90 of the San Bernardino Municipal Code; and WHEREAS, by Resolution No. 2007-317, the Mayor and Common Council declared that all the land included within the boundaries of said District benefited by said maintenance; and WHEREAS, said Resolution No. 2007-317 declared that an annual assessment shall be levied on all land within the District to provide reimbursement to the City of San Bernardino for said maintenance; and WHEREAS, a "Notice of Assessment" was filed in the office of the County Recorder of San Bernardino County establishing a lien on all parcels located within the boundaries of Assessment District No.1 065 as shown on the Assessment Diagram Map of said District; and WHEREAS, the property within the boundaries of Assessment District No. 1065 is now owned by San Bernardino City Unified School District; and WHEREAS, the property within the boundaries of Assessment District No. 1065 is proposed to be developed as a school site and is exempt from the City's Development Code requiring the formation and operation of a Landscape Maintenance Assessment District and the ()R/27,1()~ -#/f! '-J .()~ , 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 o 27 c c RESOLUTION OF THE CITY OF SAN BERNARDINO TERMINATING LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1065, 48TH STREET AND LITTLE MOUNTAIN DRIVE AREA, AND RELEASING OF LIENS. San Bernardino Unified School District has requested termination of Assessment District No. 1065. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor and Common Council hereby find and determine that the public interest, convenience, and necessity no longer require the existence and continuance of Assessment District No. 1065. SECTION 2. That the Mayor and Common Council do hereby terminate Assessment District No. 1065 and hereby release all liens affected by said Assessment District against the parcels of land lying within the boundaries of said Assessment District, as shown on Assessment District Diagram No. 1065, recorded on October 10, 2007 'in the office of the County Recorder of San Bernardino County as Document No. 2007-0572206 in Book 83 of Assessment Maps, Page 33, and Notice of Assessment recorded October 10,2007 as Document No. 2007-0572207, Official Records of said County. A full listing of the parcels affected by Assessment District No. 1065 is shown on Exhibit "A", attached hereto and made a part hereof. SECTION 3. That the City Engineer or his designee, is hereby authorized and directed to remove any and all previously levied and applied assessments relative to Assessment District No. 1065 against the properties within the boundaries of Assessment District No. 1065 from the San Bernardino County Property Tax Rolls. SECTION 4. That the City Clerk is directed to file or cause to be filed, a certified copy of this Resolution with the office of the County Recorder of San Bernardino County. 28 08/27108 2 , c o o RESOLUTION OF THE CITY OF SAN BERNARDINO TERMINATING LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1065, 48TH STREET AND LITTLE MOUNTAIN DRIVE AREA, AND RELEASING OF LIENS. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 JOHNSON 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 , 2008, by the following vote, to-wit: Council Members: A YES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY 17 MCCAMMACK 18 19 20 21 22 23 24 25 26 27 28 City Clerk The foregoing resolution is hereby approved this _ day of ,2008. PATRICKJ. MORRIS City of San Bernardino Approved as to form ~~~ TIM SABO, ecial Counsel 08/27/08 3 c c o EXHIBIT "A" LISTING OF ASSESSOR'S PARCELS LOCATED WITHIN THE BOUNDARIES OF ASSESSMENT DISTRICT NO.1 065 ORIGINAL LISTING OF PARCELS: 0266-132-09 CURRENT LISTING OF PARCELS: 0266-132-09