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HomeMy WebLinkAbout1986-501 - . RESOLUTION NO. 86-501 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE 3 FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE 4 DISTRICT, TO BE KNOWN AS "ASSESSMENT DISTRICT NO. 975, AND WAIVING NOTICE AND HEARING. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City of San Bernardino hereafter called ("City") as an exercise of its municipal affairs powers has enacted an Assessment District Ordinance (Municipal Code Chapter 12.90) to provide for the procedure for the formation of assessment districts within the City; and WHEREAS, it has now become necessary to consider the formation of a landscape maintenance assessment district within the City, to be known as "Assessment District No. 975"; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO THAT: SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, the Mayor and Common Council of said City, hereby preliminarily find and determine that the pUblic convenience and necessi ty requi re, and it is the intenti on of the Mayor and Common Counci 1 to form Assessment District No. 975, the boundaries of which are genera 11 y, as follows: generally bounded on the North by the North line of Tract No. 13160 and the centerline of Mi 11 S tree t respectively; bounded on the South by the North line of Tract No. 11882; bounded on the East by the centerline of Pepper Avenue and bounded on the West by the centerline of Eycalyptus Avenue. Reference is hereby made to the Engineer's Report on file in the office of the City Clerk of said City for a map of the 11-18-86 1 , 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 boundaries of said district, a description of the type of improvement, an estimated cost of the improvement and a proposed assessment roll which Report and Assessment District Map are hereby approved. SECTION 2. It is the intention of said Mayor and Common Council to order improvements within the district which improvements consist of, but are not limited to, the maintenance of landscaping in the Northerly parkway of Mill Street along the South boundary of Tract No. 13160; in the Southerly parkway of Mill Street between Pepper and Eucalyptus Avenues; in the Westerly parkway of Pepper Avenue between the North boundary of Tract No. 13160 and the North boundary of Tract No. 11882 and in the Easterly parkway of Eucalyptus Avenue between Mill Street and the North boundary of said Tract No. 11882. The estimated cost of said maintenance, incidental costs is $11,111.00. 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 district, which district is hereby declared to be the district benefited by said proposed work and improvement, and to be assessed to pay the cost and expense thereof. All public streets or alleys, or portions thereof, hereby are excepted from said assessment. SECTION 4. The assessment benefit procedure to be fo1- and the amount to be assessed against each particular will be a proportion of the total sum of the cost of the including lowed parcel 11-18-86 2 1 maintenance and incidentals within the area in relation to the 2 number of residential units within the district. Reference is 3 hereby made to said Engineer's Report on file in the office of 4 the City Clerk for a detailed estimated individual assessment. 5 SECTION 5. The assessment financing alternative to be 6 foll owed shall be as follows, to-wit: 7 The cost of the maintenance sha 11 be pre-funded by the 8 City and the assessment levied, collected and enforced in the 9 same manner, at the same ti me, and with the same penalties and 10 interest as in the ca se of ta xe s levied for th e City for the 11 repayment to the City of sa i d pre-funding. 12 The City shall recover interest on each year's 13 pre-funding of cost maintenance of landscaping. Said interest 14 shall be at the average ra te as the City is rece hi n g on other 15 City funds dud ng the period of expenditure. 16 The assessment for said district s ha 11 be made and 17 collected as follows: 18 The costs of the maintenance contract, incidental s, and 19 interest will be collected in perpetui ty unless otherwi se termi- 20 nated by the City. SECTION 6. Tha t the proceed without of the City elects to 21 22 Notice and Hearing pursuant to Section 12.90.040C(5l 23 Municipal Code as the request represents 100% of the 24 owners liable to be assessed for the maintenance. SECTION 7. A copy of this resolution and a map property showing 25 26 the exterior boundaries of the proposed improvement district 27 with relation to the territory immediately contiguous thereto 28 and to the proposed improvement will be on file with the City 11-18-86 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 1 Clerk and will be available for inspection by any person or 2 persons interested. This map shall govern for all details as to 3 the extent of the proposed improvement district. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San an adjourned regular Bernardino at a meeting thereof, held on the 8th day of December , 1986 by the following vote, to wit: AYES: Council Members Estrada. Reillv. Ouiel. Frazier. Strickler NAYS: None ABSENT: C()l1nr.il MemhArs Hernandez. Marks day of /~~1~~ The foregoing resolution is hereby approved this <j'C-~ , 1986. no Approved as to form: ~p-o . ~ C ty torne 11-18-86 4 November 6, 1986 File No. 14.40-47 ENGINEER'S REPORT CITY OF SAN BERNARDINO PROPOSED ASSESSMENT DISTRICT NO. 975 PEPPER & MILL AREA LANDSCAPE MAINTENANCE DISTRICT 11-18-86 CITY OF SAN BERNARDINO ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 975 PETITION -- On March 24, 1986, this office received a petition from PROPERTY VENTURES for the establishment of an assessment district for the maintenance of landscaping for Tentative Tract No. 12313 and on April 29, 1986, we received a petition from FORECAST CORPORATION for the establishment of an assessment district for the same purpose for Tract No. 13160. These two subdivisions adjoin each other across Mill Street so we included both requests into one proposed district. Both Tracts are as delineated on the attached vicinity map. The petitions were >the result of a requirement placed upon these Tracts by the City to relieve the Department of Parks and Recreation from having to maintain the areas. AUTHORIZATION TO PROCEED -- On May 19, 1986, notification of this petition was presented to your Honorable Body by this office and the City Engineer and City Clerk were authorized to initiate proceedings 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 -- On May 22, 1986 and pursuant to Chapter 12.94.030 of the Municipal Code, the developers were requested to up- front the estimated cost of $3,000.00 and $1,000.00 respectively to cover the cost of the proceedings. The deposits were received on July I, 1986 and June 2, 1986 respectively and were deposited into the proper account from which to draw the actual costs of proceedings. If the actual costs are less than the deposit, then the remainder will be returned to the developers and if the actual costs are more than the deposit, then the remainder can either be paid in a lump sum by the developers or assessed against the properties involved. EASEMENTS --No easements will be required for Landscaping Maintenance in this proposed District as the landscaping all lies within the dedicated right of way. DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained include a strip of ground cover on the North side of Mill Street along the boundaries of Tract No. 13160, on the South side of Mill Street between Pepper Avenue and Eucalyptus Avenue, along the West side of Pepper Avenue between Mill Street from a point approximate 250 feet North of 1 11-18-86 Mill Street and a point approximately 1,900 feet South of Mill Street, along the East side of Eucalyptus Avenue between Mill Street and a point approximately 1,900 feet South thereof. PLANS AND SPECIFICATIONS -- Plans and Specifications for the landscaping are being prepared by the developer and must be approved by the Department of Parks and Recreation and must provide for separate watering systems, electric and water meters which can be monitored and billed directly to the assessment district for inclusion into the annual assessment rolls after a one year plant guarantee period by the developer. DESCRIPTION OF BOUNDARIES -- On May 20, 19B6, the boundaries of the proposed district were determined and are delineated on the attached Proposed Boundary Map of Assessment District No. 975. The property involved presently is all of Tract No. 13160 and all of Tentative Tract No. 12313 located on both sides of Mill Street generally between Pepper Avenue and Eucalyptus Avenue. VICINITY MAP -- The vicinity map is attached as Exhibit 1. DISTRICT BOUNDARY MAP -- A reduced copy of the District Boundary Map is attached as Exhibit 2. METHOD OF ASSESSMENT -- 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 with 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 appartment will be assessed an equal share in the cost of maintenance (1 residential unit - 1 assessment). Under a cituation where vacant land is included within the district, the property will be arbitrarily divided into 7,200 square foot lots minus 25S 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. 11-18-86 2 MITHOD O~ ~INANCINQ -- When the landscaping is actually in place and has been maintained in good order by the developers for the one (1) year plant guarantee period, the assessment district will take over the maintenance and will let contracts therefor on a fiscal year basis. The fiscal year basis is for assessment purposes as the County Tax Rolls are prepared on the same basis. The City will upfront the costs of the annual contract and will be reimbursed each year through assessments, plus interest, collected on the annual County Tax bills. Eventually, these costs will come from the City's Assessment District Reserve Fund, presently they come from the General Fund. ASSESSMENT ROLL -- Presently there are 17 lots in Tract No. 13160 liable to be assessed and 5 vacant parcels which constitute Tentative Tract No. 12313 which when recorded will constitute 220 lots. When both Tracts are complete, there will be 237 assessments. The proposed assesssment roll has been prepared to reflect the first assessment (cost of proceedings only), attached as Exhibit 3 and prepared to reflect the estimated maintenance and administration cost for one year, attached as Exhibit 4. Although the assessment roll as attached represents the vacant land, when built out each assessment would be estimated at $46.88 each for subsequent years. BONDS -- No bonds are to be sold on this proposed assessment district. The costs will be up-fronted 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 plus interest. 3 11-18-86 COST SUMMARY FIRST YEAR: Cost of proceedings only, estimated at (See Exhibi t 3) $4,000.00 asaa..............======....==....====_=..............a.======.......===....==== SUBSEQUENT YEARS -- mafntenanc. and adminfstratfon annually. (See Exhibit 4) Ground Cover -- 7 feet wide along Mill Street on both sides of Mill Street within the district boundary. 1,750 lin. ft. X 7 = 12,250 sq. ft. at $0.10 per sq. ft. Ground Cover -- 7 feet wide along the West side of Pepper Avenue within the district boundary. 2,160 lfn. ft. X 7 = 15,120 sq. ft. at $0.10 per sq. ft. Ground Cover -- 7 feet wide along the East side of Eucalyptus Avenue within the district boundary. 1,900 lin. ft. X 7 = 13,300 sq. ft. at $0.10 per sq. ft. Inspection Bl Park & Recreation Dept. 4 hours per week at $20.00 per hour including benefits per year Assessment Engineering -- including preparation of annual assessment roll, agenda items, resolutions, correspondence and transmittal to County Auditor/ Controller. 10 hours per year at $20.00 per hour including benefi ts Water and Electrical Costs 40,670 sq. ft. at $0.06 per sq. ft. TOTAL ESTIMATED COST 11-18-86 4 $ 1,225.00 $ 1,512.00 $ 1,330.00 $4,160.00 $ 200.00 $ 2,684.00 $11,111.00 ENGINEER'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 establishment of an Assessment District to be known as Assessment District No. 975. ROGER G. HARDGRAVE Director of Public Works/City Engineer Filed in the office of the City Clerk this -~ . 19 . 11-18-86 5 ~ *. ' '-," . r ~.llY :. .f ~~ or"':". ~ ...,,:. ~ ~ ';')ii., ,'." k \.: T J . I"'e::ti;>i ~'" . '.~,',":' ~ ' 1..." ....J I ~, , '~'-:.[J., .~ ' I., __ _ ; <-~'" " ~. 1.01'( . . ~ !~t. .:: ~~ ~ . " h,~ ". ~ '41)1'" f\'. ~ST ".-i ... 'i ,. . I~ \ <<i1Cl: It': ,0'" ;-;-;;-- 'Ii ... .~. I ...~ ~ 1', 'I~ 0 ....: .' ;~ : .; ;1''lP' ..:i.lI~ .i;:.. .', ,.....~ p.,," ."'. j' Ir;~. ~~ I!. . .I<~~. I ~,~' ,v.... 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I . ~ ,~::... ,- ..0;":':' I i, ..oe.u; 1-"-..- . ! 11-18-86 ax 14.81T I ! ~o J' L i II ! . .. I . - ! J> I I I ~ . I t I i . . I . I ~ ~ Jf I ~ ... J I I;J J Il E .11 2:. ;PI i i I il ~ . . . ~::u ~~ ~r.l J>< mr- ; II " ~ ~I J ~ ~i U) ~ 11-18-86 I!XIU.'T % 1986-87 ASSESSMENT ROLL. A.D. 975 ASSMT ASSESSORS TOTAL ASSMT NO. PRCL. NO. 1 0142-171-04 1254.10 2 0142-171-05 662.76 3 0142-171-06 315.70 4 0142-171-02 1009.82 5 0142-171-08 497.57 6 0142-141-12 260.02 TOTALS 3999.97 6 11-18-86 EJCt+JS IT '3 .' 1986-87 ASSESSMENT ROLL, A.D. 975 ASSMT ASSESSORS TOTAL ASSMT NO. PRCL. NO. 1 0142-171-04 3483.57 2 0142-171-05 1840.99 3 0142-171-06 876.94 4 0142-171-02 2805.04 5 0142-171-08 1382.12 6 0142-141-12 722.28 TOTALS 11110.94 6 11-18-86 ."H..Ji ~