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Home My WebLink About30-Development Services ORIGINAL 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 Shandin Hills Drive and Shady Creek Drive area (Tract No. 14254 - AD 1042). Dept: Development Services Date: April 10, 2006 File No.14.40-142 MCC Date: 05-01-2006 Synopsis of Previous Council Action: 06/06/2005- Tract Map No. 14254 was approved, with conditions. 04/17/2006 - Authorization was given to proceed with the formation of the Shandin Hills Drive and Shady Creek Drive Area Landscape Maintenance Assessment District No. 1042, and Resolution oflntention was adopted. Recommended Motion: That the public meeting relative to the formation of the Shandin Hills Drive and Shady Creek Drive Area Landscape Maintenance Assessment District No. 1042 be closed, and protests and ballots, if any, be carried over to the public hearing on May 15,2006, at 4:00 p.m. Contact person: LASZLO "Les" FOGASSY ~~W- -r:J- James Funk Phone: 5026 Supporting data attached: Staff Report, Maps Ward: 5 FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant) Source: fAcct. No.) 254-000-2301-6029 (Acct. Description) Assessment District Deposits Finance: Council Notes: Agenda Item No. 3D S/'/Ofo CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public meeting - 4:00 p.m. -- fonnation of a Landscape Maintenance Assessment District in the Shandin Hills Drive and Shady Creek Drive area (Tract No. 14254 - AD 1042). BACKGROUND: On October 13, 2004, a petition for the fonnation of a Landscape Maintenance Assessment District was submitted to the City by Meritage Homes, developer of Tract No. 14254, located in the area of Shandin Hills Drive and Shady Creek Drive. The fonnation fee of $4,000 was paid on October 18, 2004. The petition represented 100% of the property owned and proposed to be assessed within the Assessment District as of the date of submission. On June 6, 2005, Tract No.. 14254 was approved with one of the conditions being the fonnation of a Landscape Maintenance Assessment District. This condition was placed on the project to relieve the City of the costs of maintenance of the perimeter and fuel modification area, and to assess these costs to those properties receiving the most benefit. Tract No. 14254 consists of 72 single family lots. The annual cost of maintenance and incidentals will be spread across these 72 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 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 within the district and all of the costs will be assessed accordingly. The estimated first year's cost of maintenance, including plus incidental and formation costs, is $62,177 and will be spread across the 72 lots within the District. The estimated first years cost per lot will be $863. The fonnation costs in excess of the $4,000 deposited by the developer, which is $2,900, are included in the first years costs and will not be included in subsequent years assessments. 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 April 17, 2006, authorization to proceed was given and a resolution of intention was adopted preliminarily approving the Engineer's Report and setting a public meeting for May 1,2006 and a public hearing for May 15, 2006. As of the date of mailing of ballots, 28 lots have been sold, with the developer still owning 44 lots. All owners of record or as otherwise known were given notice of the meeting and hearing by mail, along with an Assessment Ballot. Since the developer still owns more than 50% of the total amount of lots, majority protest is not anticipated. 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. Staff Report - Continued The public meeting is only an infonnational meeting and no action can be taken regarding the formation of the assessment district until the public hearing. 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 fonnation 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 (4/5Ih) affirmative vote of the council members present and voting. FINANCIAL IMPACT: Applicant has paid the $4,000 processing fee. 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