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HomeMy WebLinkAbout1995-121 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 95-121 RESOLUTION OF TIIE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING TIfAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE TIIE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 952 WNE 3 BY EXPANDING TIIE BOUNDARIES TIIEREOF TO INCLUDE ADDITIONAL TERRITORY IN TIIE DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER TIIE AMENDMENT AND EXPANSION OF TIIE DISTRICT; AND WAIVING NOTICE AND HEARING. WHEREAS, the City of San Bernardino (hereinafter called "City") as an exercise of its municipal affairs powers has enacted an Assessment District Ordinance (Municipal Code Chapter 12.90) to provide a procedure for the formation of assessment districts within the City; and WHEREAS, pursuant to said Municipal Code Chapter 12.90, the City of San Bernardino, by Resolution No. 81-235 adopted June 15, 1981, created Assessment District No. 952 for the maintenance of landscaping in the State College Area; and WHEREAS, the Assessment District Boundary Map for said Assessment District was recorded in the office of the County Recorder of San Bernardino County on September 7, 1982, in Book 27 of Assessments, Page 5; and WHEREAS, it has now become necessary to consider amending the boundaries thereof by expanding same to include additional territory therein and which additional territory will share in the cost and expense of said maintenance; and WHEREAS, the addition of said area to the boundaries of the District, will not increase the cost of assessment to the properties presently within the boundaries of the existing District. BE IT RESOLVED BY TIIE MAYOR AND COMMON COUNCIL OF TIIE CITY OF SAN BERNARD INO AS FOLLOWS: SECTION 1. Pursuant to Section 12.90.060 of the San Bernardino Municipal Code, the Mayor and Common Council of said City hereby preliminarily find and determine that the public convenience and necessity 28 require, and it is the intention of the Mayor and Common Council to amend 03-22-95 1 -11:'. . I,' , RESOLUTION OF INTENTION AMENDING TIIE BOUNDARIES OF ASSESSMENT DISTRICT NO. 952, ZONE 3 (STATE COLLEGE AREA) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 the boundaries of Assessment District No. 952 Zone 3, by the expansion thereof to include additional territory, the boundaries of said additional area are generally as follows: Bounded on the West by the Northerly prolongation of the centerline of Mountain Drive North of Northpark Boulevard, on the North by the Northerly line of Tract No. 10352, on the East by the Easterly line of Tract No. 10352-3 and on the South by the centerline of Dover Drive in the City of San Bernardino. Reference is hereby made to a map on file in the office of the City Clerk of said City delineating thereon the proposed amended boundaries of said Assessment District No.952 Zone 3, which Amended Assessment District Map is hereby approved, and to Resolution of Intention No.81-33, adopted January 19, 1981 and to Resolution of Inten[ion No. 92-35, adopted February 3, 1992, on file in the office of the City Clerk of said City for a description of the type of improvement, an estimated cost of the improvement, the assessment benefit procedure to be followed, the assessment ffnancing alternative to be followed, for the method of collection of the assessment and for a proposed assessment roll for the original District, all of which shall relate to and be binding upon the expanded District. SECTION 2. It is the intention of said Mayor and Common Council to order the amendment of boundaries by the expansion thereof to include such additional area. SECTION 3. Said contemplated work and improvements is of more than local or ordinary public benefit, and that said Mayor and Common Council do hereby make the expense of such work and improvement chargeable upon the expanded district, which expanded district is hereby declared to be the district benefited by said proposed work and improvement, and to be assessed 28 to pay the cost and expense thereof. All public streets or alleys, or 03-22-95 2 i"\'-'~. '; /~ RESOLUIION OF INTENTION AMENDING TIIE BOUNDARIES OF ASSESSMENT DISTRICT NO. 952, ZONE 3 (STATE COLLEGE AREA) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 portions thereof, are hereby excepted from said assessment. SECT ION 4. That the City elects to proceed without Notice and Hearing pursuant to Section 12.90.040C(5) of the Municipal Code as the request to expand the boundaries of the existing District represents 100% of the property owners liable to be assessed for the said maintenance. SECTION 5. A copy of this resolution and a map showing the exterior boundaries of the proposed amended boundaries of the district with relation to the territory immediately contiguous thereto will be on file with the City Clerk and will be available for inspection by any person or persons interested. This map shall govern for all details as to the extent of the proposed amended improvement district. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 03-22-95 3 "1 ~~.,A 1_.., / RESOLUIION OF INTENTION AMENDING TIIE BOUNDARIES OF ASSESSMENT DISTRICT NO. 952, ZONE 3 (STATE COLLEGE AREA) 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 2 Mayor and Common Council of the City of San Bernardino at a 3 regular meet ing thereof he ld on the 17th day of 4 April , 19~, by the following vote, to-wit: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Counci I Members: AYES NAYS ABSTAIN ABSENT NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x DEVLIN x POPE-LUDLAM x MILLER x C{.~ t~ City Clerk The foregoing resolution is hereby approved this 19th day of April , 19~ ~.:(/} , / 071 ?tt1/[~ TOM MINOR, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Att~rne~\;f/2 BzA~~( / 03-22-95 4 95-121 ENGINEER'S REPORT March 13, 1995 File No. 14.40-03 CITY OF SAN BERNARDINO PROPOSED EXPANSION OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 952 ZONE 3 STATE COLLEGE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT \ \ \ '- \ \ \. \ \ \ \ \ \. \ \ '. \ " \ '. \ \\, \ \, \ \ " . . \ \ \ \\ \ \., " " 1''5''/2/ CITY OF SAN BERNARDINO ENGINEER'S REPORT EXPANSION OF BOUNDARIES ASSESSMENT DISTRICT NO. 952 ZONE 3 PETITION __ On November 7. 1994, this office received a petition from Osborne Development Corporation for the expansion of boundaries of Assessment District 952, Zone 3, for the maintenance of landscaping. The expanded area is to include portions of Tract No. 10352 and all of Tract 10352-3 as delineated on the attached vicinity map. Reference is made to the original and subsequent Engineer's Reports on file in the office of the City Clerk and prior proceedings for particulars on the establishment of the Assessment District No. 952 , its various Zones and prior amendments thereto. AUTHORIZATION TO PROCEED -- On January 9, 1995, the City Engineer and City Clerk were authorized to initiate proceedings for the expansion of Boundaries of Assessment District No. 952, Zone 3, under the provisions of Chapter 12.90 of the San Bernardino Municipal Code and the City Engineer was directed to prepare this report, ADVANCE OF ESTIMATED COSTS -- The expansion of this district was not a requirement of the development of said Tracts, but is being accomplished to properly align the boundaries thereof with the boundaries of said Tracts, since the present boundaries split certain parcel within the Tracts. The developer was therefore not required to advance the cost of proceedings. The cost of proceedings will be assessed to the owners of those parcelS within the expanded areas only, at the conclusion of the proceedings. The cost of proceedings is estimated to be $4,000. EASEMENTS -- No additional work is being proposed under this proposal, and no additional areas are to be maintained. Only the boundaries of the district are being proposed for expansion. All work being presently performed is within existing right of way or easements, and no additional easements are necessary. DESCRIPI'ION OF IMPROva.u;NI'S -- The improvements being maintained include portions of the North side of Northpark Avenue and the median strip therein, between Little Mountain Drive and Mountain Avenue. The improvements consist of turf, ground cover, shrubs trees and all appurtenant irrigation. PLANS AND SPECIFICATIONS -- Plans and Specifications for the landscaping are already existent under the present district and no new plans are required since no additional maintenance is being proposed. DESCRIPI'ION OF BOUNDARIES -- On November 7, 1994, the boundaries of the proposed expansion were determined and are delineated on the attached Proposed Amended Boundary Map of Assessment District No. 952. The property involved are portions of Tract No. 10352 and portions of Tract No. 10352- 3. VICINITY MAP -- The vicinity map is attached as Exhibit 1. DISTRICT BOUNDARY MAP -- A reduced copy of the Amended District Boundary Map is attached as Exhibit 2. -1- "'K. /.-/ ME:llIOD OF ASSESSMENI' -- Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties in the area is determined to be equal to the number of households who utilize the landscaped areas either as ingress and egress to the households or by actual physical use of the land as in the case of "open areas". The boundaries of the proposed district are drawn wi th this in mind and the Resolution of Intention delineates the specific areas of maintenance which will benefit all of the properties within the boundaries. Hence, each residential unit, be it a single family residence, a condominium or an apartment will be assessed an equal share in the cost of maintenance (1 residential unit - 1 assessment). Under a situation where vacant land is included within the district, the property will be arbitrarily divided into 7,200 square foot lots minus 25% of the area for anticipated future streets and will be assessed accordingly. When the property actually subdivides, it will be assessed on the 1 residential unit - 1 assessment basis. METHOD OF FINANCIOO: Since only the boundaries of the district are being expanded, and no new work or additional areas of maintenance are being added, the cost of the annual maintenance of landscaping will continue to be pre-funded by the City and contract costs for said maintenance, plus incidentals, will be spread over the parcelS presently in the district and those in the proposed expanded area. The assessment shall be levied, collected and enforced in the same manner, at the same time, and with the same penalties and interest as in the case of taxes levied for the City for the repayment to the City of said annual contract and incidental costs. ASSESSMENI' ROLL -- Presently there are 133 parcelS liable to be assessed which constitute 133 family units. The expanded boundaries will add an additional 25 parcels, which also represent 1 family unit each, thus making the total of 158 parcels and 158 family units. The cost of proceedings will only be assessed against the 25 parcels within the expanded area and that proposed roll attached as Exhibit 3. The assessments for one year maintenance is attached as Exhibit 4. These costs are based on the last fiscal years assessed amounts and future assessments may increase or decrease, depending on actual contract costs, and incidentals. It has been determined that no assessments in the existing district will increase due solely to the expansion of the district boundaries. BONDS __ No bonds are to be sold on this proposed assessment district. The cost of maintenance is pre-funded by the City and the assessments will be collected on the County Tax bill annually based on actual annual costs incurred for the maintenance and administration of the district. -2- 11,':"-l- / COST SUMMARY Cost of proceedings only, estimated at $ 4,000.00 (See Exhibit 3) ================================================================================ Costs Based Upon Actual Maintenance and Administration Costs for the 1993-94 Fiscal Year within existing Assessment District No. 952, Zone 3. (See Exhibit 4) Ground Cover -- Maintenance of plants, shrubs, groundcover located along the North side of Northpark Boulevard= 28,300 sq. ft. MIL. L.S. $ 5,000.00 Turf -- Maintenance of Turf areas within the median strip along Northpark Boulevard= 20,945 sq.ft MIL. L.S. $ 7,000.00 Trees -- Maintenance of all trees within all areas. L.S. $ 1,200.00 Incidental/Administrative and Additional Contract Costs All incidental costs including, but not limited to Inspection, Assessment Engineering, supplemental and Extra Work, energy and water cost and amounts carried over from prior years. $19,721.00 TOTAL ESTIMATED COST $32,921.00 1993-94 ASSESSMENT AMOUNTS PER SIOOLE FAMILY LOT (OR CALCULATED LOT BY FORMULA) BASED UPON 133 UNITS (Before expansion of the district boundaries) $ 247.60 ASSESSMENT AMOUNT PER SINGLE FAMILY LOT (OR CALCULATED FAMILY LOTS BY FORMULA) BASED ON 1993-94 COSTS AND TOTAL UNITS OF 158 (After expansion of the district boundaries) $ 212.40 -3- (or /-7/ " I ~. jlOOINEER'S STATEMENT The above information together with the attached Assessment District Map and Proposed Assessment Roll is being filed pursuant to Chapter 12.90 of the San Bernardino Municipal Code relative to the forthcoming Resolution of Intention for the Expansion of Boundaries of Assessment District No. 952, Zone 3. (),w=~ Director of Public WorkslCity Engineer Filed in the office of the City Clerk this 27th day of March , 19~. -7- tf ;Jr. 1",,--:/ ~n_. . ..u~ ..____., '-l ~~ , .' --L__.__; i ...:-rn----...., ""~::--' "\ . ,. .'\~ ~. ,'&\ i \", '. ,,\ ._. " -~J-->' " -- ~_ _ L6~1I1N 0':' l'Z"tJC60 ~ .-It '1fN~'6N /1 .,',r'"'1 _. "\' rn,. . . ~- Lmn-ni ...,... c ,.:,~ I'l!.." : [' I _:'---, .4.--' c,..:....... "'_..... : ,_. ..:1"'...... . 'I .6 dj ............ ..- ...._.~ ~.... .......~ .~ , '" .~; \ ~., ---.--=.=::.::. ' -i r-'': ....'.. ..;.- I i .;.....1-. '--. :... :-: '-~'1 ~ '..:: -~.-.", ... :...' "'-~ .,,:.. _.- '. ..: "I ~.: C. ~ ~. ...-.; l_! ," ... ..... - - n .....-.':.- .1U"---"- ... .J.n ,- ", ,.'---_. :-.~ ~~~:; .. ~--...; L.. , \..__..~j 1 L...... ! ) ....-.... VICINITY MAP P/UJ~'Eb E4tPM&IIW ~ SlIIN~IIIlJ" HUUM.1JT iV~TIl~T 9~2 IMcJ EXHIBIT 1 ~ ~ ..._~ " II I ---+ 5' ~~}r' .._ '1,1/ I ji\ : I N U:!oI : c--d i ~i,.= ~U-!I ! 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I ' 'i ' il"l 11'1' -I , b v !.Hh"lIh II. :--1,,- ~/ CITY OF SAN BERNARDINO PROPOSED 1995-96 ASSESSMENT ROLL FOR EXPANDED ASSESSMENT DISTRICT NO. 952, ZONE3 (COST OF PROCEEDINGS ONLY -- EXPANDED AREA ONLY) -------- ------------------------------------------------------------------------- ASSMT NO. PARCEL NUMBER ASSMT AMOUNT 1626 0154-751-30 160.00 1627 0154-751-31 160.00 1628 0154-751-32 160.00 1629 0154-751-33 160.00 1630 0154-751-34 160.00 1631 0154-751-35 160.00 1632 0154-751-36 160.00 1633 0154-751-37 160.00 1634 0154-751-38 160.00 1635 0154-751-39 160.00 1636 0154-751-40 160.00 1637 0154-751-41 160.00 1638 0154-751-42 160.00 1639 0154-751-43 160.00 1640 0154-751-44 160.00 1641 0154-751-45 160.00 1642 0154-751-46 160.00 1643 0154-751-47 160.00 1644 0154-751-48 160.00 1645 0154-751-49 160.00 1646 0154-751-50 160.00 1647 0154-751-51 160.00 1648 0154-751-52 160.00 1649 0154-751-53 160.00 1650 0154-751-54 160.00 TOTALS 25 iI 4,000.00 -1 95-121 -------------------------------------------------------------------------------- CITY OF SAN BERNARDINO PROPOSED 1995-96 ASSESSMENT ROLL FOR EXPANDED ASSESSMENT DISTRICT NO. 952, ZONE3 (ESTIMATED MAINTENANCE - EXPANDED AREA ONLY) ASSHT NO. PARCEL NUMBER ASSMT AMOUNT 1626 0154-751-30 208.36 1627 0154-751-31 208.36 1628 0154-751-32 208.36 1629 0154-751-33 208.36 1630 0154-751-34 208.36 1631 0154-751-35 208.36 1632 0154-751-36 208.36 1633 0154-751-37 208.36 1634 0154-751-38 208.36 1635 0154-751-39 208.36 1636 0154-751-40 208.36 1637 0154-751-41 208.36 1638 0154-751-42 208.36 1639 0154-751-43 208.36 1640 0154-751-44 208.36 1641 0154-751-45 208.36 1642 0154-751-46 208.36 1643 0154-751-47 208.36 1644 0154-751-48 208.36 1645 0154-751-49 208.36 1646 0154-751-50 208.36 1647 0154-751-51 208.36 1648 0154-751-52 208.36 1649 0154-751-53 208.36 1650 0154-751-54 208.36 TOTALS 25 iiI 5,209.00 g