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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Subject: Public meeting - 4:00 p.m. -- formation
of a Landscape Maintenance Assessment District in
the Acacia Avenue and Hill Drive Area (Tract No.
10260 - AD 1040).
Dept: Development Services
Date: November 30, 2005
File No.14.40-134 MCC Date: 12-05-2005
Synopsis of Previous Council Action:
10/21/1985 - Tract Map No. 10260 was approved, with conditions.
09/19/2005 - Resolution No. 2005-323 was adopted approving the standard form of agreement
for Tract No. 10260 with Gardner Construction and Development, Inc.
11/07/2005 - Authorization was given to proceed with the formation of the Acacia A venue and
Hill Drive Area Landscape Maintenance Assessment District No. 1040, and Resolution of
Intention No. 2005-372 was adooted.
Recommended Motion:
That the public meeting relative to the formation of the Acacia Avenue and Hill Drive Area
Landscape Maintenance Assessment District No. 1040 be closed, and protests and ballots, if
any, be carried over to the public hearing on December 19, 2005, at . 0 p.m.
Contact person: LASZLO "Les" FOGASSY
Supporting data attached: Staff Report, Maps
Ward:
FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant)
Source: (Acct. No.) 254-000-2301-6027
(Acct. Description) Assessment District Deposits
Finance:
Council Notes:
f?r~A1~7-R-
Agenda Item No. ~ f} . .3~ --:;:::--'
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C CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public meeting -- formation of a Landscape Maintenance Assessment District in the Acacia
A venue and Hill Drive Area (Tract No. 10260 - AD 1040).
BACKGROUND:
On October 21, 1985, Tract Map No. 10260, located at the north of Hill Drive, and east and west
of Acacia A venue was approved with conditions. At that time, the development was owned by
John C. Heers, Inc., but was never developed. Subsequently, the development was acquired by
Gardner Construction and Development, Inc. and a new standard form of agreement with
Gardner was approved on September 19,2005.
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A petition for the formation of a Landscape Maintenance Assessment District was submitted to
the City on November I, 2004 by Gardner Construction and Development, Inc., and the
formation fee of $4,000 was paid on June 10, 2004. The petition represents 100% of the property
owned and proposed to be assessed within the Assessment District. Part of the conditions, as
approved and amended, includes the installation of landscaping along the southerly and westerly
sides of the Tract and the maintenance of a fuel modification area along the northerly portion of
the Tract, within San Bernardino County Flood Control property. The developer, on behalf of the
City of San Bernardino, has acquired a permit from the San Bernardino County Flood Control
District to enter into the Flood Control property for the purpose of maintaining the fuel
modification area.
Tract No. 10260 consists of 46 single-family lots. The annual cost of maintenance and
incidentals will be spread across these 46 lots. The Engineer's Report, which details the costs
necessary to carry out the ongoing maintenance of landscaping, is on file in the office of the City
Clerk. 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, all of the proposed maintenance has been determined to be
100% special benefit to the lots ';;ithin the district and all of the costs will be assessed
accordingly. The estimated first year's cost of maintenance is $35,667 and will be spread across
the 46 lots within the District. The estimated annual maintenance cost per lot will be $775. 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 November 7, 2005, Resolution of Intention No. 2005-372 was adopted, setting a public
meeting for December 5, 2005 and a public hearing for December 19,2005. Notices were mailed
to the owners of records, or as otherwise known, along with assessment ballots. On the date of
mailing of notices, the developer advised us that 8 of the homes had been sold and provided this
office with the names and addresses of the new owners. The developer has returned ballots
supporting the district.
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Staff Report - continued
The public meeting is only an informational meeting and no action can be taken regarding the
formation ofthe assessment district until the public hearing. At the conclusion ofthe 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 at least 50% of the ballots
returned show support for the proposed district or that protests submitted, be 50%, or less, of the
total assessment. Formation of the assessment district will require the adoption of a resolution
and will require a four-fifths (4/5'h) affirmative vote of the council members present and voting.
FINANCIAL IMPACT:
Applicant has paid the $4,000 processing fee. The costs of all maintenance carried out in the
district will be assessed back to property owners.
RECOMMENDA nON:
Staff recommends that the public meeting be closed and that any protests or ballots submitted be
carried forward to the public hearing on December 19,2005.
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 1040
ACACIA A VENUE AND HILL DRIVE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
IN THE
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
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CITY OF SAN BERNARDINO DRAVING
DEPARTMENT OF DEVELOPMENT SERVICES N[].
PUBUC WORKS DIVISION 11321A
ACACIA AVENUE AND HILL DRIVE AREA
LANDSCAPING MAINTENANCE
ASSESSMENT DISTRICT
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