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Home My WebLink About31-Development Services G G o 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 Irvington Avenue and Chestnut Avenue Area (Tract No. 16443). Dept: Development Services Date: Octoberl8,2005 File No.14.40-129 MCC Date: 11-07-2005 Synopsis of Previous Council Action: 06/17/03 - Tract No. 16443 was approved, with conditions. 10/03/05 - Authorization was given to proceed with the formation of the Irvington Avenue and Chestnut Avenue Area Landscape Maintenance Assessment District No. 1039, and Resolution of Intention No. 2005-331 was adopted. Recommended Motion: That the public meeting relative to the formation of Irvington Avenue and Chestnut Avenue Area Landscape Maintenance Assessment District No. 1039 be closed, and protests and ballots, if any, be carried over to the public hearing on November 21,2005, at 4:00 p.m. Contact person: LASZLO "Les" FOGASSY Supporting data attached: Staff Report, Maps Phone: 5026 5 Ward: FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant) Source: (Acct. No.) 254-000-2301-6026 (Acct. Description) Assessment District Deposits Finance: " Council Notes: Agenda Item No. -3J IIJ1/05' c c o CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public meeting - formation of a Landscape Maintenance Assessment District in the Irvington Avenue and Chestnut Avenue Area (Tract No. 16443). BACKGROUND: On June 17, 2003, Tract Map No. ]6443, located at the northwest comer of lrvington Avenue and vacated Chestnut A venue, was approved by the Planning Commission, with conditions. On April ] 2, 2004, GFR Enterprises, 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 southerly side of Belmont Avenue, the easterly side of Magnolia Avenue, a trail system and landscaping along the' trail system across vacated Chestnut Avenue, located along the easterly side of the Tract. Additional maintenance will include entry monument signs, lighting and hardscaping at the trail system entrances at Irvington Avenue and at Belmont A venue. The trail system will consist of two parallel trails of 15 foot width each. One trail will be an equestrian trail consisting of decomposed granite; the other trail will be a walkinglbicycle trail consisting of asphalt. The two trails will be separated by a vinyl rail fence. A portion of the landscaping along the easterly side of the trail system is within easements acquired from the adjacent property owners located outside of their walls or fences. The developer has paid the required $4,000 formation fee. Tract No. ]6443 consists of ]27 single family lots. The annual cost of maintenance and incidentals will be spread across these 127 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, a portion of the landscaping along Belmont Avenue and a portion of the trail system and appurtenances have been deemed to be of a general benefit. The general benefit portion of the annual cost of maintenance is estimated to be $] ,070.2], 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 $24,993.60. This amount will be spread across the 127 lots within the District and the annual maintenance cost per lot will be $]96.80. 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. o o o Staff Report - Continued On October 3, 2005, Resolution No. 2004-331 was adopted, preliminarily approving the Engineer's Report and setting a public meeting for November 7, 2005 and a public hearing for November 21, 2005. The developer has advised us that 11 of the 127 lots have sold and closed. The remaining lots are still owned by the developer. All owners of record, or as otherwise known, were given mailed notice relative to the public meeting and hearing and were also sent assessment ballots, to indicate their support or opposition to the formation of the Assessment District. 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 (4/5111) affirmative vote of the council members present and voting. FINANCIAL IMPACT: Applicant has paid the $4,000 processing fee. The costs of all mainte~ance 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 November 21,2005. LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1039 No Scale Highland Ave, Base Line st. 5th St. Mill St. ~ < ~ o c o " ~ Orange Show Rd. g;: ;: .. . . o VICINITY MAP CITY OF SAN BERNARDINO VELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1039 - Irvington Avenue and Chestnut" Avenue Area (Tr. 1644,3) Created by: '{liP Date: tl IJ. 41--- ~ indicates un-incorporated areas ~ within City's Sphere of Influence c o o ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1039 ~ IRVINGTON A VENUE CHESTNUT A VENU AREA LANDSCAPE MAINTENANCE ASSESS'-fENT DISTRICT IN THE CITY OF SAN BERNARDINO. COUNTY OF SAN BERNARDINO ! I I I I AVENI./i. -.-._ I -~-BELMONT--::;+ ~~ - - l:' · . . . . . ..0. . . . . e - · 8 ~ e @ e @ @) 'I~ e e e @ e ~r r=-.-.-t-T.... 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