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Home My WebLink About28-Development Services C CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Public meeting - 4:00 p.m. -- formation of a Landscape Maintenance Assessment District in the Ohio Avenue and Pine Avenue Area (Tract No. 16547-AD 1047). Dept: Development Services Date: September 19, 2006 File No.14.40-139 Synopsis of Previous Council Action: MCC Date: 10/02/06 04/14/2005 - Tract No. 16547 was approved, with conditions. 09/05/2006 - Authorization was given to proceed with the formation of the Ohio Avenue and Pine Avenue Area Landscape Maintenance Assessment District No. 1047, and Resolution of Intention No. 2006-305 was adopted. Recommended Motion: \"".. That the public meeting relative to the formation of the Ohio Avenue and Pine Avenue Area Landscape Maintenance Assessment District No. 1047 be closed, and protests and ballots, if any, be carried over to the public hearing on October 16, 2006, at 4:00 p.m. JImuU (}.~ Valerie C. Ross Contact person: leanne'malie Fitzpatrick Supporting data attached: Staff Report, Maps Ward: FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant) Source: (Acct. No.) 254-000-2301-6038 (Acct. Description) Assessment District Deposits Finance: Council Notes: ,.-- Agenda Item No. J..g IDJ~JD' "-' , -- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public meeting - 4:00 p.m. -- formation of a Landscape Maintenance Assessment District in the Ohio Avenue and Pine Avenue Area (Tract No. 16547 - AD 1047). BACKGROUND: On April 14, 2005, Tract No. 16547, located on the north side of Ohio Avenue, east of Pine Avenue was approved. RGS Development Group, the developer of the tract, submitted a petition on behalf of the owner for the formation of a landscape maintenance assessment district, as one of the conditions of approval for the tract. The formation of the 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 district will be based upon the benefit received. The areas to be maintained by the district will be landscaping along portions of the north side of Ohio A venue and a vacant strip of land (approximately 40 feet wide) along the rear of Lots I through 5 of Tract No. 16547 consisting oflandscaping and a local trail. The strip ofland is encumbered by a water easement to the San Gabriel Valley Municipal Water District and is a fuel modification area required by the Fire Department - the development is in close proximity to the foothills. The developer has paid the required $4,000 formation fee. ''"-. Tract No. 16547 consists of eight single-family lots. The annual cost of maintenance and incidentals will be spread across these eight 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 set forth in the Engineer's Report, the estimated annual assessment for this district is $883.06 per single family lot. The higher than average per lot assessment is due to the relatively small number oflots. On September 5, 2006, Resolution of Intention No. 2006-305 was adopted, setting a public meeting for October 2, 2006, and a public hearing for October 16, 2006. On August 29, 2006, notices were mailed to the owners of records, or as otherwise known, along with assessment ballots. Staff was notified by the developer that two houses have closed escrow. These new owners were sent notices and ballots as well. The remaining six lots are still owned by the developer. Thus notices and ballots for these six lots were sent to the developer. No ballots have been returned but property owners have until the close of the hearing date to submit their ballots. ("'-' '- 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 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 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 (4/5th) affirmative vote of the council members present and voting. The City will release no more than three lots for closing, prior to the formation of the Landscape .__ Maintenance District, to ensure a majority property owner approval of the district since the developer will still own the majority of the lots. Future homeowners will purchase the homes subject to the assessment district. All potential home buyers will be given a disclosure notice by the developer, advising them of the existence of an assessment district and the proposed annual cost. 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. RECOMMENDATION: Staff recommends that the public meeting be closed and that any protests or ballots submitted be carried forward to the public hearing on October 16, 2006. "-- '-... LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1047 Proposed Landscape Maintenance Assessment District No. 1047- Ohio Avenue and Pine Avenue Area (Tract No. 16547) Hlghlo.nd AVfI!. Bo.sfI! L1nfl! St. ( ,-. 5th St. Mill St. Show VICINITY MAP 51 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAl PROPERTY SECTION IndiCQ tes un-lncorporQ teol ~ o.rfl!QS within City's Sphere of Influence .. o ~ d U .. 0. 0. -= .. , No Sco.le Created by: Jeanne'marie Fitzpatrick Date: 8/7/06 .-. L .,~.",. 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