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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 Magnolia Avenue
and Ohio Avenue area (AD 1 041 -Tract No.
15228).
Dept: Development Services
Date: September 27,2006
File No. 14.40-131
Synopsis of Previous Council Action:
MCC Date: 10-16-2006
02/23/2005 -Tentative Tract Map No. 15228 was approved, with conditions.
01/26/2006- Final Tract Map No. 15228 was approved.
09/18/2006 - Authorization to proceed was given and Resolution of Intention No. 2006-331
was adopted.
Recommended Motion:
That the public meeting relative to the formation of the Magnolia Avenue and Ohio Avenue
Area Landscape Maintenance Assessment District (AD 1041 - Tract No. 15228) be closed,
and protests and ballots, if any. be carried over to the public hearing on November 6. 2006, at
4:00 p.m.
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,
Valerie C. Ross
Contact person: LASZLO "Les" FOGASSY
Supporting data attached: Staff Report. Maps
5026
Phone:
Ward:
5
FUNDING REQUIREMENTS: Amount:
$4.000 (Processing fees paid by applicant)
Source: (Acct. No.) 254-000-2301-6028
(Acct. Description) Assessment District Deposits
Finance:
Council Notes:
Agenda Item No.
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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
Magnolia Avenue and Ohio Avenue area (AD 1041 -Tract No. 15228).
BACKGROUND:
On February 23,2005, Tentative Tract No. 15228 was approved with one of the conditions being
the formation of a Landscape Maintenance Assessment District. This condition was placed to
relieve the City of the costs of maintenance of the perimeter landscaping and drainage along the
slope area on the southerly side of the tract. and to assess these costs to those properties receiving
the most benefit.
On September 2, 2005, a petition for the formation of a Landscape Maintenance Assessment
District was submitted to the City by Dennis Sant of Sant Development, developer of Tract No.
15228, located on the southeasterly corner of Magnolia Avenue and Ohio Avenue in the
Verdemont area. The formation fee of $4.000 was also paid on September 2,2005. The petition
represented 100% of the property owner(s) within the proposed Assessment District. The final
Tract Map was approved on January 26, 2006.
Tract No. 15228 consists of 17 single family lots. The annual cost of maintenance and
incidentals will be spread across these 17 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, 5% of
20.2% of all of the proposed maintenance has been determined to be general benefit; therefore,
$125.70 is the proportionate general benefit cost. The special benefit portion, which for the first
year is estimated to be $14,858.17, will be spread across the 17 lots within the District. The
estimated first years cost per lot will be $874. The formation cost in excess of the $4,000
deposited by the developer, which is $1,800, is 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 September 21, 2006, Resolution No. 2006-331 was adopted, setting a public meeting for
October 16, 2006 and a public hearing for November 6, 2006 and preliminarily approving the
Engineer's Report. The owner of record, which in this case is the developer, was sent a notice of
the meeting and assessment ballots. 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.
FINANCIAL IMPACT:
Applicant has paid the $4,000 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 November 6, 2006.
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ASSESSMENT
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