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Home My WebLink About25-Development Services o c c 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 Palm Avenue and Irvington Avenue area (AD 1043, Zone I and Zone 2, Tract Nos. 15940 and 16457). Dept: Development Services Date: November 3, 2005 File No. 14.40-134 Synopsis of Previous Council Action: 04/1812005 - Tract Nos. 15940 and 16457 were approved, with conditions. MCC Date: 11-21-2005 10/17/05 - Authorization was given to proceed with the formation of the Palm Avenue and Irvington A venue Area Landscape Maintenance Assessment District No. 1043, Zone I and Zone 2, and Resolution ofIntention No. 2005-340 was adopted. Recommended Motion: That the public meeting relative to the formation of the Palm A venue and Irvington Avenue Area Landscape Maintenance Assessment District No. 1043, Zone I and Zone 2, be closed, and protests and ballots, if any, be carried over to the public hearing on December 5, 2005, at 4:00 p.m. ~y~ Contact person: LASZLO "Les" FOGASSY Supporting data attached: Staff Report, Maps Phone: 5026 5 Ward: FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees to be paid by applicant) Source: (Acct. No.) 254-000-2301-6030/6031 (Acct. Description) Assessment District Deposits Finance: Council Notes: Agenda Item No. ~ 1l1~105' o CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public meeting - fonnation of a Landscape Maintenance Assessment District in the Palm Avenue and Irvington Avenue area (AD 1043, Zone I and Zone 2, Tract Nos. 15940 and 16457). BACKGROUND: c On April 18, 2005, Tract No. 15940, located on the east side of Palm Avenue, north of Irvington Avenue, and Tract No. 16457, located on the west side of Palm Avenue, north of Irvington A venue was approved. John Laing Homes, the developer of the tract, submitted a petition on behalf of the owner for the fonnation of a landscape maintenance assessment district, as one of the conditions of approval for both tracts. 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 District will contain two zones based upon the benefit received. The areas to be maintained by the district will be landscaping along portions of the west side of Palm A venue, the north side of Irvington A venue, and along portions of Blue Mountain Street within Tract No. 15940 for Zone I; and along portions of the north side of Irvington A venue. the west side of Olive Avenue, the east side of Mount Carmela Lane, the west side of Eagles Glen Street, and the east and west sides of Mt. McKinley Way, within Tract No. 16457 for Zone 2. The developer has paid the required $4,000 fonnation fee. Tract No. 15940 (Zone I) consists of 41 single family lots. The annual cost of maintenance and incidentals will be spread across these 41 lots. Part of the fonnation proceedings includes the preparation ofan 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 Zone I is $238 per single family lot. Tract No. 16457 (Zone 2) consists of 47 single family lots. The estimated annual assessment per single family lot for this zone is $394. Zone 2 has proportionally larger areas of landscaping and thus a higher proposed assessment. Since a portion of the landscaping along Palm Avenue in Zone I is along a secondary arterial, a portion of the landscaping costs cannot be assessed to the District since this portion has been detennined to be of a general benefit, as defined in said Engineer's Report. This amount is estimated to be $673.70 annually, and will need to be funded from the general fund or other non-district funding source. On October 17, 2005, Resolution No. 2004-340 was adopted, preliminarily approving the Engineer's Report and setting a public meeting for November 21, 2005 and a public hearing for December 5, 2005. The developer has advised us that none of the lots have sold, and are not anticipated to be sold prior to the public hearing. A notice of the meeting and hearing, along with assessment ballots, was sent to the developer. o The public meeting is only an infonnational meeting and no action can be taken regarding the fonnation of the assessment district until the public hearing. At the conclusion of the hearing, the o o o 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. FINANCIAL IMPACT: None. Applicant has paid the $4,000 processing fee and all subsequent work carried out in the district will be assessed back to property owners, with the exception of $673.70 determined to be general benefit. This amount will need to be funded from the general fund or other non- district funding source. RECOMMENDATION: Staff recommends that the public meeting be closed and that any protests or ballots submitted be carried forward to the public hearing on December 5, 2005. LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1039 No Scole 5th St. Mill SI. .. o Ii u .. Orange Show Rd. 8: i= .. . . o VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION indicates un-incorporated areas within City's Sphere of .Influence Proposed Landscape Maintenance Assessment District No. 1043 -Palm Avenue and Irvington Avenue Area (Zone 1 - Tr. 15940 / Zone 2 Tr. 16457) Created by: ! Date: o ff'l .,. 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