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Home My WebLink About29-Development Services e 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 Pepper Avenue and Rialto Avenue Area (Tract Map No. 17076 - AD 1050). Dept: Development Services Date: March 20, 2007 File No. 14.40-155 Synopsis of Previous Council Action: 5/02/06 - Tentative Parcel Map No. 17076 was approved, with conditions. MCC Date: April 16, 2007 3/05/07 - Authorization was given to proceed with the formation of the Pepper A venue and Rialto A venue Area Landscape Maintenance Assessment District No. 1050, and Resolution of Intention No. 2007-76 was adopted. Recommended Motion: e That the public meeting relative to the formation of the Pepper Avenue and Rialto Avenue Area Landscape Maintenance Assessment District No.1 050 be closed, and protests and ballots, if any, be carried over to the public hearing on May 7, 2007, at 4:00 p.m. ~(/.~ Valerie C. Ross Contact person: Supporting data attached: Staff Report, Maps Ryan Sandoval Phone: 5226 Ward: 6 FUNDING REQUIREMENTS: Amount: $5,900 (Processing fees paid by applicant) Source: (Acct. No.) 254-000-2301-6041 (Acct. Description) Assessment District Deposits Finance: Council Notes: e Agenda Item No. l..9 'I J 114 J OJ It It It CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public meeting - 4:00 p.m., formation of a Landscape Maintenance Assessment District in the Pepper Avenue and Rialto Avenue Area (Tract Map No. 17076 - AD 1050). BACKGROUND: On May 2, 2006, the Planning Commission approved Tentative Tract Map No. 17076, located on the southwest corner of Pepper A venue and Rialto A venue. On December 22, 2006, Andresen Architecture, Inc./Dynamic Investments, Inc., 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 along portions of the westerly side of Pepper Avenue, along portions of the southerly side of Rialto Avenue west of Pepper Avenue, and the northerly side of that certain street referenced as "B" Court on Tentative Tract No. 17076. The developer has paid the required $5,900 formation fee. Tract Map No. 17076 consists of 14 residential lots and the annual cost of maintenance and incidentals will be spread across these 14 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, which is attached. 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 Pepper Avenue have been deemed to be of a general benefit. The general benefit portion of the annual cost of maintenance is estimated to be $711.52, and cannot be assessed to the District. This amount will need to be paid from the general fund or other non- district fund source. The special benefit portion of the annual cost of maintenance, including all incidental expenses, is estimated to be $4,568.40. This amount will be spread across the 14 lots within the District and the annual maintenance cost per unit will be $326.31. 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 March 5, 2007, Resolution of Intention No. 2007-76 was adopted, setting a public meeting for April 16, 2007, and a public hearing for May 7, 2007, and preliminarily approving the Engineer's Report. Notice of the meeting, hearing, and assessment ballots were mailed to the owner of record. Since the developer still owns all of the lots, a 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. e e e Staff Report - continued The public meeting is only an informational 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 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) affirmative vote of the council members present and voting. FINANCIAL IMPACT: The applicant has paid the $5,900 processing fee. Estimated costs of annual maintenance, including additional formation costs, will be assessed back to property owners within the Assessment District. RECOMMENDATION: Staff recommends that the public meeting be closed and that any protests or ballots submitted be carried forward to the public hearing on May 7, 2007. Highland Ave. Base Line St. 5th St. LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1050 VICINITY MAP 'W I] NO SCAlE :f . CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAl PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1050- Pepper Avenue and Rialto Avenue Area (Tract No. 17076) ~ indicates un-Incorporated areas within City's ~ Sphere of Influence Created by: Ryan Sandoval Date: 2/28/07 e ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1050 RIAL TO --+ -"'-i'~'- I ,a ) . \.. A.."~;:+__ PEPPER ^ VENUE AND RL\LTO AVENUE,\REA LANDSCAPE MAINTENANCE ASSESSMENT DlSTRIcr IN mE CITY OF SAN BERNARDINO. COUNTY OF SAN BERNMUXNQ e ~ ~ i j i r--i r ~ ", --'L~ !U:_-~ J ~ , --~i ~~~~--.< . 7rffiI~1{;1r ~@.! ~ !'@!'~ i .01'@~'@: . 7 _.' ,~ ---i II, ~ t-"L+n~n1---~~--1 I ~ : I - -1 ~ ! 91 ~ , , .,""J_~ J ~ _ _ ~.f; '""-i..nOL-- r..'i!. ""Tn........... . ~r:P' i ) ! ", ~ 0 ~ Cf J q> ~ I b~.~L~-L ! ) -~I:::;:-t I ---6 ! @ @ " " e LOCATION OF ASSESSMENT DISTRICT .. VICINITY MAP wi -1 u ~ <( Filed in lheofke otllwCilyClefll in Ihe CilyotSan u.rn.ni1lCl lhia_d.yo! 20_ RACHeL CWU<. City CI.n.. City of SMl e.r.dno lllerebyctlrDfyltlalU.lIIlIP.hooMnghproposedbol.lndl~..fcr Au_I [)jSlllaNo. .!m!lln the City ofStn aerNII'dno. Coomy oIS., 1WnInIl1lO. SIalItofClIbmI. _llpprlWed by 1heMayorlndCanmoncoo..1Olol1heCllyfilSIIll s.rn.roinoltl reguI.,_ng~.heldon1hol_d..,of ZO---JbyRHoluUOIlNo. ,Indhu_ftlltdinlhedtclollnol CounIyRecord...ofSanSllmwnoCountyonllw_ day of ,2O_11\8ook ~(.l dM8pl;of~and Commu,,;ty Faciliti.. D111J1cta. ; RACHEL.Cl.AAK. CityClerll. CityctSan BerTWlIino Recclfdedin Ihe o!'II... oflhe City Engi".. lti'_dIY of "-. cnv ENGINEER City 01 S8n Bemardino II: 1& !~ An_mentW81htvilldbytheMayorlndCommllnCoondlal the City of San Bem.ldino on the lots. pi.-eh,lnd paratlllallllll landsllc:Mo"onlhll8IHSI_nllliavr-m.S8id_l_ I.....-don1Ile---.,-llay01 20--.,; --_'''*'''lhgrImllllllllle__ntroU_rec:llnl.-di" 1Ile~!;tIlleCityEngi,,",oluidCilyonllle_day 01 .20 ~~.ilm8d.101lle .......m..,lroIl recordecl in tr.CiiC. 01_ City Engin_ forllle _ucl.mounl!;t.-ch_II/l'IIIntI.viHd.nlIHChPHrOHI01 lanllsllc:Mononlhi._utnolntcf.-n. RACHEL ClARK. CityC11Kk, CityolS.... BemW"O A LEGEND: A55t5St.!f~10<5T~ BOUOlO......Y5<1OO11'-I'1U5 __,_ ...1ltA5o--M""OlTfN"'~Cf5l1ClWl.rT"-& MMOM ~CNT~~~~T~' G) SlIflBemiln:linoCounlyRHccrdW.CertlIaIIe TIU mep III. bnn ftllCl unci. Doc:unwnl Numb<< IhlI Clayol 20-,_ .mllT .... d .lpeglI .1 lhlI requl$loI ..- ~ '''- inlh..mounIoIS CITY OF SAN BERNARDINO DEf'AATMENT OF DEVELOPMENT SEfMCE8 PUBUC WORKS DMSION ''''''.m "". 12051A LalTyW.lkHr IWdib-conhll~ CcunlyolSUl8Hmlldno PEPPER AVENI.lEAND RJALTOAVENlJE AREA1AND$CAl'E MAINfENA.'fCE ASSESSMENT DISTRlCI' _..-L.Oll -J.._~ '" -.-