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HomeMy WebLinkAboutS01-Public Works CITt/1 OF SAN BBRNARD~O INTEROFFICE MEMORANDUM TO: CITY CLERK ROGER G. HARDGRAVE Director of Public Works/City Engineer FROM: SUBJECT: Protest count --- City-wide street lighting street sweeping assessment district (AD 994) DATE: July 2. 1990 FILE NO.: 14.40-72 -------------------------------------------------------------------------- On June 29. 1990. tbis office received a listing of written protests from your office. The noes were coapared and verified to our list of property owners to wholl notices were mailed. The percentage of protests for this district is the proportioned by Assessment Units as defined in tbe Engineer's Report on file in your office. The results of our verification are as follows: A total of 652 written protests were filed. representing a total of 1,770.68 Assessment Units. This represents 2.491 protests of tbe total Assessllent Units of 71.174. Please contact tbis office if you need additional inforaation. ROGER G. HARDGRAVE Director of Public Works/City Engineer ~ LES SY Sr. Real Property Specialist 6,,1 v - - - - . o 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 RESOLl1rION NO. RESOLI1rION OF THE CITY OF SAN BEJIIIAllDINO FINDING AND UA1U1'1INING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIJIE CITY WIDE STIIIT LIGHTING AND STREET SWEEPING SERVICES AND CJlEATING AN ASSlllWIINT DIS'I'IIer TO COVER THE COSTS OF SAID SERVICES IOfOIN AS AS8I8,...-r DISUIer NO. 994. ORDBlllNG THE WORK AND THAT THE SPECIAL ASitddMBNT. INVESTIGATION AND LIMITATION Aer OF 1931 SHALL NOT APPLY. WHEREAS. the Mayor and Co_on Council of the City of San Bernardino have preli.inarily found that the public interest. convenience. and necessity require City-wide street lighting and street sweeping services. as Iaore fully hereinafter described. and the appurtenances and appurtenant work and incidental costs and expenses in connection therewith. that the project is feasible, and that the lands to be assessed will be able to carry the burden of the proposed assess.ents to pay the costs and expenses thereof; and WHEREAS. the Mayor and Co_on Council of the City of San Bernardino have. on the 4th day of June. 1990. passed and adopted Resolution No. 90-207 entitled: -- "RESOLUTION OF THE CITY OF SAN BEBARDINO PRELIMINARILY DETER!lINING THAT THE PUBLIC CON1I~ AND NECESSITY REQUIJIE THE FOmtATION OF A STREET LIGaTING AND S1_ stIIBPING ASSllSSKIlNT DISTIller: DECLARING ITS INTENTION TO l'JM;JlJW TO 0JtDD WORK WI'l'BIN THE. DISTRIer. TO BE KNOWN AS .V"'SIlIlNT DIS'l1IIer NO. 994 AND SE'lTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC BEARING.". ,-' /,/ said resolution :~uly and legally was published and notice has which )' been given in the lIllIIJIeJ1 required by Chapter 12.90 of the SlID Bernardino Municipal Code; and written objections and protests to the foraation of the proposed district, the work to be done or the extent of the district to be assessed were heard and considered. NOW. THEREFORE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BEJIIIAllDINO AS FOLLOWS: SECTION 1. That a full and fair public hearing having been held. as stated in the recitals herein. and the Mayor and Co_ Council. S-J . . RESOlJrrION <m,JijiUHG WORK: CITY-WIDE sTREET JllIEEPING AND STREET LIGHl'ING ASSESSHENT DIUICT (AD994) V 1 2 3 4 having heard and considered any and all co.-ents received thereon and being fully advised in the pre.ises, hereby overrules any and all protests received. SECTION 2. That the public convenience and nece..ity 5 require, and the Kayor and Co_on Council of the City of San 6 Bernardino hereby declares by not less than a 4/5ths vote as defined in 7 Section 12.9O.04OD of the San Bernardino Kunicipal Code, that the 8 public interest, convenience, and necesaity requires and hereby orders, 9 the fOrMtion of Asse...ent District No. 994; the work de.cribed in .aid 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Resolution No. 90-207 to be done within the Corporate City Limb of the City of San Bernardino as provided in said Resolution and that the Special Asse....nt, Investigation and Li.itation Act of 1931 shall not apply. SECTION 3. The work is proposed to be carried out by City forces. If it is detel'llined that the needs require an outside contract, then the City Clerk hereby is directed to post a Notice for five days on or near the door of the Council Cballbers of the City Hall inviting sealed proposals or bid. when necessary, for doing the work ordered and referring to the specifications on file and to publish a Notice Inviting such proposals for at least two days in the San Bernardino SUn, a nenpaper published and circulated in said City. SECTION 4. If a contract is let, the contract will be awarded pursuant to the standard procedures used by the City in the award of Public Works contracts and the work ordered hereunder shall be to the 24 satisfaction of the City Engineer of said City, and all of said work 25 26 27 28 shall be done under his direction and shall co.ply with the specificatioDS prepared by hi., and upon the cOllpletion of said work, whether by City forces or by outside contract, the City Engineer shall, aDd he hereby is directed to lIllke the assess_t. ., , ..... 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 ~rrION filRERING lfORIt: CITY-WIDE STD~ING AND Suaun LIGJITING ASSESSKBNT IWl'RICT (AD99It) u-v---- SECTION 5. Reference hereby is lDlUle to said Resolution No. 90-207 for a description of the work. the extent of the usess_t diatrict. the financing alterDAtives and for further particulars. I IIEIlEBY CERTIFY that the foregoing resolution wu duly adopted by the Mayor and C~ Council of the City of San Bernardino at a lBeeting thereof held on the day of . 19 . by the following vote, to-wit: Council /'I_bars: AYES NAYES ABSTAIN ESTJlADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLA!! MILLER City Clerk '!be foregoing resolution is hereby approved this day of . 19 W.R. 1iOLCQttB, H8yor City of San Bernardino Approved u to foI'll and legal content: JAMES F. PENIWi. C1tyA~ By: zJt Z ./ ...1 ......_ ~.9luuLo~~~~ 4040 E. PIEDMONT DRIVE. HIGHLAND, CALIFORNIA 92346 . PHONE (714) 862-2400. CLUBHOUSE 2258 BRADFDRD AVENUE. HIGHLAND, CALIFORNIA 92346. PHONE (714\864-1522. OFFICE July 2, 1990 The Honorable Mayor and Common Council San BernardinO. Oty Hall 300 North "D" Street San Bernardino, CA. 92401 Re: Assessment District 994 Dear Mayor and Members of the Common Council: As you are aware, we (Stubblefield EnterpfiSes) are the owners of Mountain Shadows Mobllehome Community, repramtating almost 700 mobllehome residents of the city of San Bernardino. As you are also aware, the majority of our residents were in opposition to A.D. 994, and voiced their opinions at the Wednesday, June 27th, public hearing. Since that time, the Mobllehome Home OWners Association Board of Directors and I have had the opportunity to meet and to review three (3) alternatives proposed by the city, which would more equitably treat mobllehome park residents. Based on our review of the three (3) alternatives, and being in support of additional police protection, Mountain Shadows Mobllehome Community hereby withdraws its previous objections to Assessment District 994 in favor of anyone of the three (3) alternatives proposed. Sincerely, MOUNTAIN SHADOWS MOBILEH COMMUNITY ~ >- tC) File N~4.40-72 CITY........_____ - ....... FOR c---... MRGIt From:ROGER G. HARDGRAVE, Director Oept:Public Works /Engineering Date: June 25, 1990 Subject: Resolution Ordering Work for City Wide street lighting and Street Sweeping Assessment District (AD No. 994) Synopsis of Previous Council ection: 11/02/89 --- Authorization to proceed continued to 1-8-90 for public hearing. 01/08/90 --- Public hearing held and Authorization to Proceed referred to legislative Review C~ittee, and continued to 03-05-90. 01/22/90 -- Reso 1 ution No. 90-34 adopted authoriz ing agree.ent with j;F'll- Friederich & Assoc. for consultant services. 03/05/90 --- Authorization to Proceed was granted. 06/04/90 --- Resolution of Intention No. 90-207, was adopted, setting a public hearing date of June 27, 1990. 06/27/90 --- Public hearing was held, and protests were heard and overruled Recommended motion: ADOPT RESOLUTION cc: Marshall Julian, City Act.inistrator Andy Green, Director of Finance Ji. PenBaD, Citv Attornev Contact perlOn: Les Fogassy Phone: 5334 Supporting date attached: Staff RellOrt,Resolution Ward: ALL FUNDING REQUIREMENTS: Amount: S3.065.892 Source: IAcct. No.! 251-672-53925 (Tax Bill Assess.ent) Acct. Oescri tion Finance: - C~Otel: C_I -" CITY...... - o .'...~..... o STAFF REPORT Assessaent District No. 994 was proposed to generate fuDds to fiDIIDCe the c~ts included in the 1990/91 budget for street Lighting and Street Sweeping. The proposed budget for thue services is $~,~1~,838. Thi. _unt, referred to as ")let Proc...... iD the Engineer's Report, would then be freed up in the general fund to be used for police service.. Funds to finance an additional street sweeping per month, and the addition of approxi_tely200 .treet li8ht. to the CUI'I'Clt .y.t., is proposed to be lidded to the as.es.aents. The 480UDt of the additioaal services is $4~~,~~9. The total a.......ut would then be $3,065,89~. AssessMnts will be ba.ed upon the Basic Aa.e..aent Unit (AU), which i. defiDed to be one single f4llily residence. Vacant lots will be as.essed for half that 480UDt, and co...rcial property will be assessed ba.sed upon the use and/or size of the parcel. The actual fo~la is contained within the Engineer's report, on file in the Office of th City Clerk. On June 4, 1990, a Resolution of Intention was adopted, setting a public hearilll date for June 27, 1990. All necessary notifications were lIlliled , published and posted as required. The public hearing was held on June 27, 1990, and protests were heard, overruled and the hearing was closed. The attached Resolution Ordering Work within the district has been attached for your action. We reco_end the adoption of the Resolutions. File No. 14.40-72 CITY OF SAN _R....DINO - RI!QUEST lOR COUNCIL ACTION From:ROGER G. HARDGRAVE. Director Dept:Public Works fEngineering Date: June 29. 1990 Subject: Amendment of Engineer' s Report--- City-wide street Lighting and Street Sweeping Assessment District (AD 994). Synopsis of Previous Council ection: 11/02/89 --- Authorization to proceed continued to 1-8-90 for public hearing. 01/08/90 --- Public hearing held and Authorization to Proceed referred to legislative Review Committee, and continued to 03-05-90. 01/22/90 --- Resolution No. 90-34 adopted authorizing agreement with GFB- Friederich & Assoc. for consultant services. 03/05/90 --- Authorization to Proceed was granted. 06/04/90 --- Resolution of Intention No. 90-207. was adopted. setting a public hearing date of June 27, 1990 and Engineer's Report was approved. 06/27/90 --- Public hearing was held, and protests were heard and hearin2 closed. Recomm8llded motion: j That the Engineer's Report. re lati ve to the proposed City-Wide Street Lighting and Street Sweeping Assess.ent District (AD994). approved on June 4, 1990 and on file in the office of the City Clerk is modified and approved as set forth on the attached (Alternate One OR Alternate Two OR ernate Three). cc: Marshall Julian. City Administrator Andy Green. Director of Finance Jim Penaan. City Attornev Contect person: Les Fogassy' Supporting data albodled:Staff RellOrt Phone: 5334 Wlrd: AT t FUNDING REQUIREMENTS: Amount:S3.036.1Q2 . Source: (Acct. No.) 251-672-53Q25 (TAY Rill A~~p~~mpn+) (Acct. Descriotion) A~~~~~mpn+ n;~+r;~+ Nn OQA Finlnce: Council Notes: 75-0262 Agenda Item No . CITY OF SAN Bl!RNADINO - RI!QUe:ST F. COUNCIL ACTION . STAFF REPORT Assesslltlnt District No. 994 was proposed to generate funds to finance the costs included in the 1990/91 budget for street Lighting and street Sweeping. The proposed budget for these services is $2,515,838. This lIIIOunt, referred to as "Net Proceeds" in the Engineer's Report, would then be freed up in the general fund to be used for police services. Funds to finance an additional street sweeping per month, and the addition of approxi_tely 200 street lights to the current systea, is proposed to be added to the assessaents. The lIIIOunt of the additional services is $455,229. The total assessment would then be $3,036,192. On June 4, 1990, a Resolution of Intention was adopted, setting a public hearing date for June 27, 1990. All necessary notifications were ailed , published and posted as required. At that hearing, the Engineer'S Report, which sets out aethods of assesnent for various parcels based upon land use, was approved. The public hearing was held on June 27, 1990, and protests were heard and the hearing was closed, and staff was directed to find alternate IItlthods of assessaent for aulti- faaily rental units. mobile holltl parks, and hoaes situated within developaents that have private streets. It was felt that these units get less of a direct benefit and should be assessed accordingly. It was also felt that the rebate progrllll was inequitable, since it only offered rebates to property owners, but not to households living in rentals, that could be subject to a rent increase based upon these llSsessaents. It was further discussed and determined that the rebate program would be deleted from the provisions of the asses silent district, and would be handled through coaaunity developllent through a program that would also offer renters a rebate in cases where the cost is passed on to them by landlords. Based upon these determinations, staff has come up with several alternatives to lIethods of assesslltlnt, which have been attached for your review and action. Only one of these methods needs adoption: 1) Alternate on~ provides for a reduction in assessments to mobile hOlle parks. 2) Alternate Two provides for a reduction in assessments to mobile hoae parks and rental units (apertaents, duplexes, etc.). 3) Alternate Three provides for reductions in assessaents to mobile home parks, multi-family units and condominiUlls and homes situated within developllents that have private streets. Staff recomaends the adoption of one these methods and recommends that district be put in place and allowed to proceed. 75-0264 CITY WIIWTREET SWEEPING AND STREET LIGHJiitlG ~ESSMENT DISTRICT (AD 994) .., ALTERNATE METHODS OF ASSESSMENT AL TBIIIIATJl OIIB: 1) ProvisioDll for a Rebate ProgrllJl will be deleted under the Assessllent District and the total amount to be assessed shall be readjusted to exclude the llIlount provided for rebates. The total yount to be assessed will be $3.036.192 2) Mobile hoae parks shall be assessed on the basis of 2 Assessllent Units per acre. The bue Aaaes_t Unit (the .-mt usessed to a siqle faaily residence) is eatDated to be $43.88 per year. thus the assessaent for a aobi1e hOlle park would be $87.76 per acre for the first year. EXllllples of the above are as follows: EJ:lIIIple A: Mountain Shadows Mobile HOlle Park has 376 spaces on 38.5 acres of land. The total first year assessaent to the park owner would be $3.378 (38.5 acres x 2 units per acre= 77 Assessaent Units x $43.88 per Assessaent Unit). If the park owner were to pass this cost through to each space. .theannual a.ount the occupants of each space would pay would be $8.98 for the first year. or $.75 per lIonth. EJ:lIIIple B: Valencia Lea Mobile HOlle Park has 281 spaces on 33.98 acres of land. . The total first year assessment to the park owner would be $2.982. (33.98 acres x 2 units per acre=67. 96 Assessaent Units x $43.88 per Assess.ent Unit). If the park owner were to pass this cost through to each space. the annual aIIount the occupants of each space would pay would be $10.61 for the first year. or $.88 per lIonth All other provisions and lIethods of assess.ent as defined in said Engineer's Report shall remain as stated therein. , CITY ~ STREET SWEEPING AND STREET LWING w.sSESSMENT DISTRICT (AD 994) ALTERNATE METHODS OF ASSESSMENT ALTEllNATE TlfO: 1) Provisions for a Rebate Program will be deleted under the Assessment District and the total amount to be assessed shall be readjusted to exclude the aJIOunt provided for rebates. The total amount to be assessed will be $3,036,192 2) Mobile home parks shall be assessed on the basis of 2 Assessment Units per acre. The base Assessment Unit (the amount assessed to a single family residence) is estimated to be $46.65 per year, thus the assessment for a mobile home park would be $93.30 per acre for the first year. 3) Multi-family units (apartments, duplexes, etc.) shall be assessed on the basis of .8 of an Assessment Unit per living unit. This amount is estimated to be $37.32 per living unit, for the first year. ($46.65 x .8) Examples of the above are as follows: Example A: Mountain Shadows Mobile Home Park has 376 spaces on 38.5 acres of land. The. total first year assessment to the park owner would be $3,592 (38.5 acres x 2 units per acre= 77 Assessment Units x $46.65 per Assessment Unit). If the park owner were to pass this cost throUgh to each space, the annual amount the occupants of each space would pay would be $9.55 for the first year, or $.80 per month. Example B: A 100 unit apartment complex will be assessed for $3,732 for the first year. This cost, if passed on to the tenants, would be $37.32 for the first year, or $3.11 'per month. All other prov1s1ons and methods of assessment as defined in said Engineer's Report shall remain as stated therein. , CITY aE STREET SWEEPING AND STREET LJarING "ASSESSMENT DISTRICT (AD 994) ., . 1- ALTERNATE METHODS OF ASSESSMENT ALTERNATE 'IHIEIl: 1) Provisions for a Rebate Progr411 will be deleted under the Assessment District and the total amount to be assessed shall be readjusted to exclude the llIIOunt provided for rebates. The total amount to be assessed will be $3,036,192 2) Mobile home parks shall be assessed on the basis of 2 Assessment Units per acre. The base Assessment Unit (the 4II0unt assessed to a single f4llily residence) is estimated to be $46.84 per year, thus the assessment for a mobile home park would be $93.68 per acre for the first year. 3) Multi-faaily units (apartments, duplexes, etc.) shall be assessed on the basis of .8 of an Assessment Unit per living unit. This aaount is estimated to be $37.47 per living unit, for the first year. ($46.84 x .8) 4) Condominiums, Planned Unit Developments (PUDs) , and all other living units situated within a co_ity of private streets shall be assessed on the basis of .9 of an Assessment Unit per living unit. This amount is estimated to be $42.16 per living unit for the first year. ($42.16 x .9) Examples of the above are as follows: Example A: Mountain Shadows Mobile Home Park has 376 spaces on 38.5 acres of land. The total first year assessment to the park owner would be $3,606 (38.5 acres x 2 units per acre- 77 Assessment Units x $46.84 per Assessment Unit). If the park owner were to pass this cost through to each space, the annual amount the occupants of each space would pay would be $9.59 for the first year, or $.80 per month. Example B: A 100 unit apartment complex' will be assessed for $3,747 for the first year. This cost, if passed on to the tenants, would be $37.47 for the first year, or $3.12 per month. Example C: In a co_ity of homes situated within a development situated of private street each home or living unit would be assessed for $42.16 for the first year. , All other prov1s1ons and methods of assessment as defined in said Engineer's Report shall remain as stated therein.