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HomeMy WebLinkAbout24-City Administrator CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: May 14, 2002 C r '-" '/ ' . .. J \.., i , . Ii&.. Subject: Approve the Vacant Lot Beautification Program Guidelines and direct staff to prepare a final list of project lots for Council approval. From: Fred Wilson, City Administrator Dept: City Administrator's Office Meeting Date: June 3, 2002 Synopsis of Previous Council Action: 5/13/02 - Legislative Review Committee recommended the Vacant Lot Beautification Program Guidelines and potential vacant lot list Recommended motion: That the Vacant Lot Beautification Program Guidelines be approved and that staffbe directed to P".'" , fmol 1;. of proj~t 100 f~ Co~cil 'pprowl. M..c.... Signature Contact person: Ten Baker Phone: 5122 Supporting data attached: Staff report, guidelines, potential vacant Ward: All lot list, (baft pdvcue propeILY lease agH:::ement, memo FUNDING REQUIREMENTS: Amount: $100,000 Source: (Accl. No.) 001071 5506 (Accl. Description) Landscape Contracts Finance: Council Notes: Agenda Item No. ~ ~/~/~2- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Approve the Vacant Lot Beautification Program Guidelines and direct staff to prepare a final list of project lots for Council approval. Backl!round At the request ofCouncilmember Susan Lien, $100,000 was approved in the FY 01/2002 budget for a Vacant Lot Beautification Program. The purpose of the program is to provide a means to beautify vacant lots on main thoroughfares in the city. The following is a summary ofthe Lot Beautification Guidelines: . The site must be located on a thoroughfare or major roadway. . First priority should be given to City and EDA owned properties. . If property is privately owned, the owner must agree to enter into a lease agreement (Attachment 1 - Draft Lease Agreement). . Property must have water connection (if not, there will be an additional cost of $7900 to install a water meter). If a water connection does not exist, drought resistant landscaping can be used. . Lot Beautification projects will be landscaped on the outer parameter of the property only, which may include sod, trees, shrubs, bedding material, berming, and irrigation. . Development costs for each project may not exceed $10,000. . Community input will be sought before mural concepts are approved. The Legislative Review Committee has reviewed the Vacant Lot Beautification Guidelines (Attachment 2), as well as the potential project list (Attachment 3), and referred them to Council for further consideration. The guidelines will assist the Council in deciding which vacant lots they would like beautified under this program. The private properties listed on the potential project list were selected upon recommendations from the community and City staff. Additionally, Councilmember Lien solicited recommendations from Councilmembers in a recent memo (Attachment 4). In order to implement this program, it is requested that the Council develop a recommended list of vacant lots. Staff will then review the recommended vacant lots to ensure that they meet the guidelines and have owner permission (if privately owned) to proceed. A list of projects to be implemented under this program will then be brought back to Council for final approval. In order to maximize the funding for this program, staff is exploring the concept of establishing a community match program. A match program would allow volunteer labor to be used as a match to the Vacant Lot Beautification funding, thus better utilizing the available funding for this program to provide more projects. A community match Lot Beautification Staff Report Page 10f2 program would involve an Agreement for Services between a neighborhood organization and the City. The agreement would provide funding to organizations (through reimbursement) of materials when neighborhood labor is volunteered or when additional materials are purchased and used as a match. The Legislative Review Committee will discuss establishing this type of program further. Los Padrinos has agreed to maintain the lot beautification locations under "Project Curb Appeal" at no additional cost. Financial Impact $100,000 was budgeted in the FY 01/2002 budget account # 001071 5506 - Code Comp1iance/ Landscape Contracts. Ongoing maintenance will be provided by Los Padrinos under "Project Curb Appeal" at no additional cost. Recommendation That the Vacant Lot Beautification Program Guidelines be approved and that staff be directed to prepare a final list of project lots for Council approval. . Lot Beautification Staff Report Page 2 of2 LOT BEAUTIFICATION LEASE AGREEMENT City Attorney DRAFT This Agreement entered into this _ day of City of San Bernardino, hereinafter referred to as the "City," and hereinafter referred to as the "Owner." , 2002, by and between the Whereas, the Owner owns property generally located at in the City of San Bernardino; and Whereas, said property is presently vacant and not being utilized; and Whereas. City in order to promote and preserve the public health, welfare and safety of the residents of the City, desires to provide areas of visual aesthetic relief; and Whereas. Owner hereto joins in this endeavor to make improvements on the property. NOW, THEREFORE, City and Owner, for and in consideration solely of the mutual promises and covenants herein contained agree as follows: I. Description. The subject property is legally described in Exhibit "A," attached hereto and made a part thereof. 2. Ownership. Owner represents and warrants that Owner is vested with full authority to enter into this Agreement. 3. Improvements. City at its own expense and responsibility will landscape the property and provide irrigation in the manner and amount City so determines. City, at its own expense, shall maintain the landscaping and said improvements. Such landscaping and improvemen~ made to the property shall remain with the property. Owner agrees not to demand or accept compe~sation from City for its landscaping and improvements and/or maintenance of same. 4. Sale of Property. This Agreement shall in no manner limit or restrict Owner's right or ability to sell or lease subject property at any time. Owner shall have the right to place "For SalelLease" signs on the property in the manner provided by law. 5. Term. This Agreement shall be for a period of years, and either party may terminate this Agreement at any time upon the giving of thirty (30) days advance written notice to the other party to the mailing address of such party as indicated herein. 6. Indemnification and Hold Harmless. Owner agrees to indemnify, defend (upon request by City) and hold harmless the City, its elective and appointive boards, commissions, officers, attorneys, agents and employees from and against any and all liabilif1, expense, including defense costs and attorney's fees, and claims for damages of any nature whatsoever, including, but not limited to. bodily injury, death, personal injury or property damage arising from or connected with any activity on the subject property, except installation of landscaping and improvements or ATTACHMENT I LOT BEAUTIFICATION LEASE AGREEMENT City Attorney DRAFT maintenance of same by City or its authorized representatives. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. City shall hold Owner harmless from any claims, costs, or suits for bodily injury, personal injury or property damage as a result of City's negligence in the installation of said landscaping and improvements or maintenance of same. 7. Costs and Attornev's Fees. In the event that legal action is required to enforce the terms and conditions of this Agreement, the prevailing party will be entitled to reasonable attorney's fees and costs. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 8. Mer~er Clause. This Agreement and its Attachments are the entire understanding of the parties, and there are no other terms or conditions, written or oral, controlling this matter. If the parties desire to amend this Agreement, the amendment must be executed by all parties in writing. 9. Anti-Waiver Clause. None of the provisions in this Agreement will necessarily be waived by either party because something has been waived in the past. nor must any provision be waived because some other provision has been waived. in whole or in part. 10. Severabilitv. The invalidity in whole or in part of any provision of this Agreement will not void or affect the validity of any other provisions of this Agreement. II. Choice of Law. This Agreement is governed by the laws of the State Q{ California. Venue for all actions arising from this Agreement must be exclusively in the state courts located in San Bernardino County, California. 12. Provisions Cumulative. The foregoing provisions are cumulative and in addition to and not in limitation of any other rights or remedies available to the parties. 13. Notices to Parties. Any statements, communications or notices to be provided pursuant to this Agreement must be sent to the attention of the persons who have signed below. Each party agrees to promptly send notice of any changes of contact or other information to the other party, at the address indicated below: As to Citv: As to Owner: City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Attn.: City Administrator t LOT BEAUTIFICATION LEASE AGREEMENT [Signature Page) " " \ City Attorney DRAFT " CITY OF SAN BERNARDINO VACANT LOT BEAUTIFICATION GUIDELINES Goal of the Program: 1. Improve city appearance 2. Increase economic development 3. Reduce code enforcement 4. Revitalize neighborhoods 5. Build sense of community Lot Beautification Pro1!ram Conceot Allow the interim use of vacant land on public or private land for beautification activities on main thoroughfares throughout the city. Improvements will move beyond just cleaning vacant lots by using art, landscaping, and decorative accents. Potential sites include vacant lots on private or city-owned land. In cases where the property is privately owned, the City enters into no cost lease agreements to landscape and maintain the land accepting liability while the land is in the public domain. The owner retains the right to sell, and is relieved of ongoing maintenance. Project Examples: . Mural Paintings - Paint scenes on the walls of existing buildings or developed on plywood and mounted on walls. . Berm - Berm the parameter of the property with landscaping to hide the inner lot. . White Picket Fences - On vacant lots where the mini-park or landscaping concept is inappropriate, sturdy, rust and graffiti-resistant polyurethane fences are placed to disguise the vacant lot. The cost is approximately $27 per linear foot, including labor. Lot Beautification Project Criteria: . The site must be located on a thoroughfare or major roadway. . First priority should be given to City and EDA owned properties. . If property is privately owned, the owner must agree to enter into a lease agreement. . Property must have water connection (if not, there will be an additional cost of $7900 to install a water meter). If a water connection does not exist, drought resistant landscaping can be used. . Lot Beautification projects will be landscaped on the outer parameter of the property only, which may include sod, trees, shrubs, bedding material, berming, and irrigation. . Development costs for each project may not exceed $10,000. . Community input will be sought before mural concepts are approved. ATTACHMENT 2 CITYIEDA OWNED VACANT LOTS Location Ward Southwest comer ofWatennan Ave. and 4'n 1 Belleview (tq Rialto Ave, west ofPennsvlvania Ave. 3 Southwest comer of Orane:e Show Rd.& Waterman Ave 3 38th & Sierra Way (leased to CDF) 4 North and South side of Orange St. & Highland Ave (behind Fire 4 Station) East side ofMt. View/Electric, from Parkdale to Northpark 4 Portion of Shand in Hill, east and west of Little Mountain Drive (near 5 too of hill) Northeast comer of Kendall & Western (Water Dept. well-site) 5 Circle Road @ "G" St. 5 Hill Hurst Drive 5 Little League & 1-215 (near Pet Cemetery) 5 Several vacant lots along Duffy Street (Site of SPRR Train 6 Derailment West side ofMt. Vernon, north of 10'n St. (Water Dept. future well 6 site) North side of 19m St. (ciJ Pennsylvania Ave. (Water Dept) 6 West side of Del Rosa & Eureka 7 PRIV ATEL Y OWNED VACANT LOTS Location Ward "E" & Marshall e - SE Comer 7 Mt. View & Electric (next to City owned Darcel) 4~ Hie:hland & "D" 7 Base Line & "D" 2 Foothill & Macy (N/E and N/W offoothill) 6 7'n & Mt. Vernon (for sale) I Church & "E" across from Cinema Star I Vacant lot West of Chamber of Commerce on 6'. St 1 NW Comer of Arrowhead & 5'n 1 SANBAG property on Del Rosa (just north of the cross town 4 freeway) 1ft ATTACHMENT 3 CITY OF SAN BERNARDINO COUNCIL OFFICE INTEROmCE MEMORANDUM TO: Honorable Mayor and Councilmembers FROM: Councilwoman Susan Lien SUBJECT: Lot Beautification Project DATE: May 17,2002 COPIES: Fred Wilson, City Administrator, Glenn Bauae, Director ofCade Compliance; Lemuel Randolph, Director of Parks, Recreation, and Community Services As you are aware, $100,000 was approved in this year's budget for a Lot Beautification Program. An additional $100,000 was secured under the Proposition 12 Roberti Z'Berg Grant to develop pocket parks. Although the goals are common, the two programs have different concepts. The lot beautification funding will be used as a temporary solution to beautify vacant lots in the city. The pocket park program must be long-term and will be addressed separately. The Legislative Review Committee has reviewed and recommended the attached Lot Beautification Guidelines, as well as the attached potential project list. This item will be heard at the first Council meeting in June. The purpose of sending this memo in advance of the meeting is to provide you enough time to identify additional lots that you may want to include on the potential project list. You may contact the Ten Baker in the City Administrator's Office at extension 5122 if you have additional lots to add to thli''list for consideration. The program guidelines will help decide whether or not a given site qualifies for the program. In order to maximize the funding for this program, the Council may want to consider establishing a community match program. A match program would allow volunteer labor to be used as a match to the Lot Beautification funding, thus better utilizing the available funding for this program to complete more projects. If this concept is of interest to the Council, staff has examples from other cities that may be used to establish a program. Unless, the community match concept is used, landscape installation for this program will be contract!:d out through Parks and Recreation. Los Padrinos has agreed to maintain the lot beautificatio tio der "Project Curb Appeal" at no additional cost. I __ ~ ~ !!! ATTACHMENT 4 \ . Attaclunents: I. Vacant Lot Beautification Program Guidelines 2. Potential project location list 3. Draft private property owner lease agreement . !!f '"