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HomeMy WebLinkAbout19-Development Services ORIGINAL 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 Dept: Development Services Assessment District in the Ohio Avenue and Chestnut Avenue Area(Tract No. Date: October 26, 2006 14881 —AD 1049). File No.14.40-141 MCC Date: 11/20/06 Synopsis of Previous Council Action: 5/16/06—Tentative Tract Map No. 14881 was approved, with conditions. 10/16/06 - Authorization was given to proceed with the formation of the Ohio Avenue and Chestnut Avenue Area Landscape Maintenance Assessment District No. 1049, and Resolution of Intention No. 2006-361 was adopted. Recommended Motion: That the public meeting relative to the formation of the Ohio Avenue and Chestnut Avenue Area Landscape Maintenance Assessment District No. 1049 be closed, and protests and ballots, if any, be carried over to the public hearing on December 4, 2006, at 4:00 p.m. bo_ Valerie C. Ross Contact person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report, Maps Ward: 5 FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant) Source: (Acct. No.)254-000-2301-6040 (Acct. Description) Assessment District Deposits Finance: Council Notes: Agenda Item No. / / CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public meeting—4:00 p.m., formation of a Landscape Maintenance Assessment District M the Ohio Avenue and Chestnut Avenue Area(Tract No. 14881 —AD 1049). BACKGROUND: On May 16, 2006, the Planning Commission approved Tentative Tract Map No. 14881, located to the north of Ohio Avenue and west of Chestnut Avenue. On July 31, 2006, Sant Development, the developer 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 within slopes along portions of the northerly side of Ohio Avenue and within slopes along portions of the westerly side of Chestnut Avenue, and also including a drainage channel north of Tentative Tract 14881. The developer has paid the required $4,000 formation fee. Tract No. 14881 consists of 15 single-family lots. The annual cost of maintenance and incidentals will be spread across these 15 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 drainage channel, and is filed in the City Clerk's Office. The drainage channel will be removed when the property to the north of the channel is developed. 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 Ohio Avenue has been deemed to be of a general benefit. The general benefit portion of the annual cost of maintenance is estimated to be $232.84, 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 $7,185.15. This amount will be spread across the 15 units within the District and the annual maintenance cost per unit will be $479.01. 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 October 16, 2006, Resolution of Intention No. 2006-361 was adopted, setting a public meeting for November 20, 2006 and a public hearing for December 4, 2006 and preliminarily approving the Engineer's Report. Notice of the meeting 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. 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: 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 December 4, 2006. LOCATION OF Q s PROPOSED ASSESSMENT DISTRICT NO. 1049 a rrr/ Q q�P, i s 18 � 15 Gtr Q r, i P -- - C`Q0 �hq ! dr 40th S �of vi Wi ,i Marshall c3 i V _ w r.' NCI es9 3 Q 10 A Highland Ave. _� a o E _ N L N L w v a > , Base Line S t. 9th St L 0 5th St, v Rialto Av ¢> Mill St. a 215 0 C a U Q) 210 Drang Show a t .o . --10 VICINITY MAP No Scale CITY OF SAN BERNARDINO Proposed Landscape Maintenance DEVELOPMENT SERVICES DEPARTMENT Assessment District No. 1049 - M Kerner im REAL PROPERTY SECTION Ohio Avenue and Chestnut Avenue Area indicates un-incorporated (Tract No. 14881 ) ® areas within City's Sphere of Influence Created by: Ryan Sandoval Date: 8/31/06 aga zmai Ir ° °cNl°� E ° a€ oom` `o ! 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