HomeMy WebLinkAbout34-Development Services
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: September 8, 2008
Subject: Public hearing - 4:00 p.m.,
Resolution Ordering Work relative to the
proposed Palm Avenue and Piedmont Drive
Area Landscape Maintenance Assessment
District No. 1062 (Tract Map No. 10302).
From: Valerie C. Ross, Director
Dept: Development Services
File No. 14.40-160 MCC Date: October 6, 2008
Synopsis of Previous Council Action:
07/06/1999 - Tract Map No.1 0302 was approved.
08/18/2008 - Authorization was given to proceed with the formation of the Palm A venue and
Piedmont Drive Area Landscape Maintenance Assessment District No. 1062, and
Resolution ofIntention No. 2008-320 was adopted.
Recommended Motion:
I. That the public hearing relative to the formation of the Palm Avenue and Piedmont Drive
Area Landscape Maintenance Assessment District No. 1062 be closed.
AND
2. Adopt resolution - (4/5 vote required for formation ofLMD).
JdJiAW u, R d-4Ar
Valerie C. Ross
Contact person: Ryan Sandoval
Supporting data attached: Staff Report, Maps, Reso.
Phone:
5226
Ward:
4
FUNDING REQUIREMENTS: Amount: $348.28 !Estimated annual General Benefit amount)
Source: fAcct. No.) N/A
(Acct. Description)
General Fund
Finance:
Council Notes:
dso
ZooB J7<1
Agenda Item No.
gLf
IO~~"'o&
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public hearing - 4:00 p.m., Resolution Ordering Work relative to the proposed Palm Avenue and
Piedmont Drive Area Landscape Maintenance Assessment District No. 1062 (Tract Map No.
10302).
BACKGROUND:
On March 19, 1997, the Planning Commission approved Tentative Tract Map No. 10302, located
on the west side of Palm A venue, north and south of Piedmont Drive, and on July 6, 1999, the
final map was approved by Council and was recorded on March 1,2000. On March 14, 2007,
Vespar Development Company, 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 within slopes along portions of the westerly side of Palm Avenue, along both
northerly and southerly sides of Piedmont Drive, and along the slopes to the rear of lots 16
through 19 all within Tract 10302.
Tract Map No. 10302 consists of 22 residential lots. The annual cost of maintenance and
incidentals will be spread across these 22 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 oflandscaping, which is on file 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 Palm A venue have been deemed to be of a general benefit. The
general benefit portion of the annual cost of maintenance is estimated to be $348.28, and cannot
be assessed to the District. This amount will need to be paid from the general fund or other non-
district fund source. When the Assessment District takes over the maintenance, a budget transfer
for the General Benefit amount will be requested by the Parks, Recreation and Community
Services Department, into the Assessment District fund when the maintenance contract is
awarded. The special benefit portion of the annual cost of maintenance, including all incidental
expenses, is estimated to be $10,948.74. This amount will be spread across the 22 lots within the
District and the annual maintenance cost per unit will be $497.67. 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 18,2008, Resolution ofIntention No. 2008-320 was adopted, setting a public hearing
for October 6, 2008, and preliminarily approving the Engineer's Report. Notice of the hearing
and assessment ballots were mailed to the owner of record. Since the developer still owns all of
the parcels, a majority protest is not anticipated. Future property owners will purchase the parcels
Staff Report - continued
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.
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. A majority opposition to the formation ofthe district is not
anticipated. All future buyers 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$10,948.74, 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
$348.28, 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.
A TT ACHMENTS:
- Vicinity Map
- Diagram Map
- Resolution
LOCA TION OF
PROPOSED ASSESSMENT
DISTRICT NO. 1062
MiIlSt.
.;
'" >
i: ~
E
~ .l!!
~ ~
W 5:
Highland Ave.
Base Une St.
Iii
~
5th SI.
.;
>
<(
Rialto Ave.
o
E
~
Centra Ave.
~
<(
~
o
c
~
1l
~
;::
Orange how Rd.
-, ,
o
J{
VICINITY MAP
'W
NO SCALE
:!
.
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Landscape Maintenance
Assessment District No. 1062 -
Palm Avenue and Piedmont Drive Area
(Tract No.1 0302)
~ indicates un-incorporated areas within City's
~ Sphere of Influence
Created by: Ryan Sandoval
Date: 9/17/07
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1062
Flied In the oflice of the City Clerk In the City 01 San Bemerdloo1hls_
deyof ,20_"
PALM A VENUE AND PIEDMONT DRIVE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE CITY OF SAN BERNARDINO, COUNTY OF
SAN BERNARDINO. STATE OF CALIFORNIA
RACHEL CLARK.
City Clark, City oj San Bernardino
I hereby carllly that th<l map showlng lhe proposed bouodarlesfor
AssessmentDlsll1ctN<l.1062ifllheCilyofSan8emardlno,CountyofSan
Bernardino. Slate of Callfumla, was approved by the Mayor and Commoo
CouncllofthaCllyolSanBernardlnoataregularmeetlnglhenlof,heldoo
the_dayo! ,20-, by Resolution
No. ,andhasbeenfiledlntheofficeof\heCounty
R..cordarofSllnBemardlnoCOllntyonthe~dayof
,20 In Book
page(s) of Maps Oi"ASSessmenl and Community Facllhles
Districts.
An BSSQSSment was tevlod by the Mayor and Common Coune. oflho City of
San Semardlnoon lhe lols,plecea, alld parcels oIthalandshowllonlhis
assessment diagram. Said assessmant WIIS leyjed on tho_day of
,2O~ the IlSSeSSffienldlagram andlhe
aseesemenl mil we... rocorded In the office of the City Englneerofseld City
onlhe_dayof ,2O_Referencels
mlKle 10 the assessment mil recorded In the offlce of the City Engineer for
the exaCI amount of each assessment levied ageinst each parcelofland
shown on lhls assessmentdlagfam.
~
o 9
03
~I
1
. ~..
I
, t
,
. g g
~
; ~
~
,
,
,. ~'
,
,
,
.--....:...T
"? ~
RACHEL CLARK,
CItyClark,Clty of San Bemardlno
,
Re<:orded In theofflce of the City Englneerlhls_dayof
,20_.
CITY ENGINEER
City of San Bernardino
$ii; --
"-'oJ'
,,~ ~
~:q!f f
~" !O
:;:$ ~~
,
...~~.~
~
*
RACHEL CLARK,
City Clerk, City 01 San Semarono
~*
@Il
,
,i" 10
ff @)
. 1Jil~!{;
02
San Bemardino County Recorder's CertIfk::ale
------:
~K %~ ~,"q'
~Z~.
~eo-v~~
'^,
~
lI@:${iJt
o
This map has been filed underDocumentNlIIlber
this_day of 20-,at_.m,ln
Book of atpB.\lO
the request of the City of San Bernerdino in the emountof$
,
.
.:
;---1>'
OR~
\
\
--.
LarryWriIf.&r
AUdltor-ControllerlRecorder
Counly of San Bemerdlno
"
@12
"U'-t;~
DeputyRecord...-
,
.
"
.
tjj
.
22 ~'t 21 20
13 @ P @ €9
,
,",,'
fl.J/' L~'" ....,
17 18 19
e @ @)
,
!
l
! l
~' r
i~
By:
~~
0,
~,0
$os}
,,~ "'>
~& "
~,
.
o
w
"
I ,"WH'"-r
I /2 I !J
'l:JjlF:;.;;g);"}/r'0
,
/ II
LEGEND:
ASSESSMENT DlSTRICT
BOUNDARY SHOWN THUS
---
e'-
~~
-
AREASOFMAlNTENANCESHOWN'l-IUS ~
CONSERVAT1ONOISTRICTSHOWNTHU$ V//////1
ASSESSMENT NUMBERS SHOWN THUS CD
CITY OF SAN BERNARDINO
DEPARTMENT OF DEVelOPMENT SERVICES
PUBUC WORKS DIVISION
DRAWING
'0,
12182A
VICINITY MAP
"""""",,,,,...$NtD(NAL
~
PALM AVENUE AND PIEDMONT DRIVE
AREA LANDSCAPE MAINTENANCE
ASSESSMENT D1STRICf
_.--.--1..-""
---1....."",-.
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.
cory
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETEltl\1INING 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 PALM AVENUE AND PIEDMONT DRIVE AREA,
APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS
ASSESSMENT DISTRICT NO. 1062, ORDERING THE WORK, CONFIRMING THE
2009-2010 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL
ASSESSMENT INVESTIGATION, LIMIT A TION 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 18, 2008, 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. 1062, which is on file in the office of the City Clerk, and adopted Resolution No.
2008-320 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 PALM AVENUE AND PIEDMONT 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. 1062; PRELIMINARILY APPROVING THE
ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING."
09/08/08
I
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...FINDlNG AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
1 PROTEST... PALM A VENUE AND PIEDMONT DRIVE AREA, APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT D1STRICT...NO. 1062, ORDERING THE
2 WORK, CONFIRMING THE 2009-2010 ASSESSMENT ROLL, AND DETERMINING THAT THE
SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931
3 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 of the City Clerk; and
WHEREAS, an Assessment Roll has been prepared totaling $10.948.74, which sets forth
the individual assessments to be levied on each of the parcels of land within Assessment District
No. 1062, for the fiscal year 2009-20 I 0, as set forth in the Engineer's Report, as now submitted,
//
on file in the office of the City Clerk.
BE IT RESOL YED 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 6, 2008, the Mayor and
Common Council, having heard and considered any and all comments received thereon and being
fully advised, 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
09/08/08
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... PALM A VENUE AND PIEDMONT DRIVE AREA, APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT D1STRICT...NO. 1062, ORDERING THE
WORK, CONFIRMING THE 2009-2010 ASSESSMENT ROLL, AND DETERMINING THAT THE
SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931
SHALL NOT APPLY.
that the ballots submitted in favor of the assessment exceed the ballots submitted in opposition to
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. 1062, along with the
//
work and appurtenances described in said Resolution No. 2008-320 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 Rep<;'rt relative to the formation of Assessment District
No. 1062 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. 1062
09/08/08
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...FINDlNG AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST... PALM A VENUE AND PIEDMONT DRIVE AREA, APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT D1STRICT...NO. 1062, ORDERING THE
WORK, CONFIRMING THE 2009-2010 ASSESSMENT ROLL, AND DETERMINING THAT THE
SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931
SHALL NOT APPLY.
are correctly set forth on Assessment Roll No. 1062 for the fiscal year 2009-2010, 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. 2008-320 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 pirected 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. 1062 be placed on the
subject 2009-2010 property tax bills for collection together with all other property taxes.
09/08/08
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...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
1 PROTEST... PALM A VENUE AND PIEDMONT DRIVE AREA, APPROVING THE FINAL
ENGINEER'S REPORT. CREATING AN ASSESSMENT DISTRICT...NO. 1062, ORDERING THE
2 WORK. CONFIRMING THE 2009-2010 ASSESSMENT ROLL, AND DETERMINING THAT THE
SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931
3 SHALL NOT APPLY.
4 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
. 20_. by the following vote, to-wit:
Council Members:
ABSTAIN ABSENT
AYES NAYS
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
//
City Clerk
The foregoing resolution is hereby approved this _ day of
,20_.
PATRIC;K J. MORRIS, Mayor
City of San Bernardino
Approved as to form:
09/08/08
5