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HomeMy WebLinkAbout66-Public Works o ~ File No. 14.40-70 CITY OF SAN BERNARDINO - REQUEd't6R COUNCIL ACTION O=rom: Dept: Date: ROGER G. HARDGRAVE, DirecltlM'.g.-~ OFlfesolution. of Intention: Mill and Macy Area Lndscp. and Public Works/Engineering 1959 nAY 22 f';4 I: 49Sewer Lift Station Maint. District. (AD989) May 15, 1989 ~ Synopsis of Previous Council action: 12-19-88 -- Authorization to proceed granted by motion.(Landscape Maint.) 3-20-89 -- Authorization to proceed granted by motion.(Lift Station) f Recommended motion: Q Adopt Resolution. cc: James Robbins, Acting City AdministratortA~. .~ ~. Andrew Green, Director of Finance _______ .. ____________~~ Jalnes F. Penman, City Attorney Signatu James Richardson, Dep.City Adm. Dev. Contact person: Verne Nadeau Phone: :'IR4-50?6 Supporting data attached: Staff Report. Map Ward: 3 FUNDING REQUIREMENTS: Amount: S 2 r 000 _ 00 Source: (Acct. No,) 251-662-53925 To bp paid .rnm mnopy ~Acct. DescriPtion~ h~PH ~ ~ advanrpd hy Devil oplr finance: l o Council Notes: 75-0262 Agenda Item NO~ J1 tit ~- ~ CITY OF' SAN BERra-DINO - REQUEST ~R COUNCIL ACTION o STAFF REPORT This action is the result of a request of the developers of the Mill and Macy Area in response to the requirement of the City to establish an assessment district for the maintenance of landscaping along portions of the South side of Mill Street and maintenance of a sewer lift station located near the South line of Tract 13457 at Macy Street. The purpose of the action is to preliminarily determine that the public convenience and necessity require the formation of a landscaping and .sewer lift station maintenance district; declaring .the intenti.on to proceed to order work within the district to be known as the "Mill and Macy Area Landscaping and Sewer Lift Station Maintenance District" Pursuant to Chapter 12~90~040C(5) of the Municipal Code, notice and hearing will not be required as 1002: of the owners of the property to be assessed have requested the district. A copy of the Engineer's Report is attached herewith for your convenience. There are 208 lots in Tract No. 13457 and it is estimated that the subsequent years' assessments will be approximately $30.00 each. Q o 5-15-89 75-0264 o o c 1 2 3 4 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPING AND SEWER LIFT STATION MAINTENANCE ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 989, AND WAIVING NOTICE AND HEARING. 5 6 WHEREAS, the City of San Bernardino (hereinafte.r called 7 "City") as an exercise of its municipal affairs powers has 8 enacted an Assessment District Ordinance (Municipal Code Chapter 9 12.90) to provide for the procedure for the formation of 10 assessment districts within the City; and 11 WHEREAS, it has now become necessary to consider the 12 formation of a landscaping and sewer lift station maintenance 13 assessment district within the City, to be known as Assessment C 14 District No. 989; 15 NOli, THEREFORE, BE IT RESOLVED BY THE.MAYOR AND COMMON 16 COUNCIL OF THE CITY OF SAN BERNARDINO THAT: 17 SECTION 1. Pursuant to Chapter 12.90 of the San 18 Bernardino Municipal Code, the Mayor and Common Council of said 19 City hereby preliminarily find and determine that the pUblic 20 convenience and necessity require and it is the intention of the 21 Mayor and Common Council to form Asse.ssment District No. 989, 22 the boundaries of which are generally as follows: 23 Generally bounded on the North by Mill Street; bounded 24 on the South by the South line of Tract No. 13457; bounded on 25 the West by the lIest line of Tract No. 13457 and bounded on the 26 East by the East li ne of Tract No. 13457 and Macy Street. ,0 27 28 5-15-89 Q Q 10 I I l 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 o o RESOLUTION OF INTENTION AD989 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 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 Distriet Map are hereby approved. SECTION 2. It is the intention of said Mayor and Common Co un c il to 0 r de rim pro v e m e.n ts wit h i n t he d i s t r i c t w h i c h improvements consist of, but are not limited to, the maintenance of landscaping along the South side of Mill Street between Macy Street and a point approximately 950 feet West thereof together with the maintenance of a sewer lift station located near the South line of Tract No. 13457 at Macy Street. The estimated cost of said maintenance, including incidental costs is $5,956.00. 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 worl 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 fol- lowed and the amount to be assessed against each particular 5-15-89 2 c 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 2 c o ill o o RESOLUTION OF INTENTION AD989 parcel will be a proportion of the total sum of the cost of the maintenance and incidentals within the area in relation to the number of parcels within the district. Reference is hereby made to sai d Engi neer's Report on file in the offi ce of theCi ty Clerk for a detailed estimated individual assessment. SECTION 5. The assessment financing alternative to be followed shall be as follows. to-wit: The cost of the maintenance shall be pre-funded by the City and the assessment levied. collected and enforced in the same manner. at the same time. and wi th the same penal ties and interest as in the case of taxes levied for the City for the repayment to the City of said pre-funding. The City shall recover interest on each year's pre-funding of the cost of maintenance of landscaping and the sewer lift station. Said interest shall be at the average rate as the City is receiving on other City funds during the period of expendi ture. The assessment for said district shall be made and collected as follows: The costs of the maintenance contract and incidentals will be collected in perpituity unless otherwise terminated by the Ci ty. SECTION 6. That the City elects to proceed without Notice and Hearing pursuant to Section 12.90.040C(5) of the Municipal Code as the request represents 100S of the property owners liable to be assessed for the maintenance. 15-89 3 o o o o o RESOLUTION OF INTENTION AD989 1 SECTION 7. A copy of this resolution and a map showing 2 the exterior boundaries of the proposed improvement district 3 with relation to the territory immediately contiguous thereto 4 and to the proposed improvement will be on file with the City 5 Clerk and will be available for inspection by any person or 6 persons interested. This map shall govern for all details as to 7 8 9 10 11 12 13 14 15 16 17 18 the extent of the proposed improvement district. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Counci 1 of the City of San Bernardino at a meeting thereof, held on the day of , 1989, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk 19 The fore9oing resolution is hereby approved this 20 day of , 1989. 21 22 23 24 25 26 27 28 W.R. "Bob" Holcomb, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman Ci ty A~torney_ By: 4 . . ...- ; · ; "=, ' .. ,.~ ~ . r ~ I .' ... TR~~: . -.- ).\! ,:1 ..." 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O(J) .... em .:<= Z. ~: 00 .." l> II ~ 3: 1> " Z P to (X) <D o o c May II, 1989 File No. 14.40-70 ENGINEER'S REPORT CITY OF SAN BERNARDINO PROPOSED ASSESSMENT DISTRICT NO. 989 MILL AND MACY AREA LANDSCAPING MAINTENANCE DISTRICT c o c c o o o CITY Of SAN BERNARDINO ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 989 PETITION -- On November 22, 1988, this office received a petition from FORECAST CORPORATION for the establishment of an assessment district for the maintenance of landscaping for Tract No. 13457 as delineated on the attached vicinity map. On February 16, 1989, this office received a . petition to include the maintenance of a required sewer lift station to serve the entire Tract. These petitions were the result of a requirement placed upon these Tracts by the City to relieve the Department of Parks and Recreation and the City from having to maintain the facili ti es. AUTHOR IZATlON TO PROCEED -- On December 19, 1988 and March 20, 1989, notification of these petitions were presented to your Honorable Body by this office and the City Engineer and City Clerk were authorized to ini tiate 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 February 17, 1989 and pursuant to Chapter 12.94.030 of the Municipal Code, the developer was requested to advance the estimated cost of S2,OOO.00 to cover the cost of the proceedings. The deposit was received on February 22, 1989 and was 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 developer and if the actual costs are more. than. the deposit, then the remainder can either be paid in a lump sum by the developer or assessed against the properties involved. . DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained include a strip of ground cover on the South side of Mill Street for the entire length of the Tract together with the maintenance of the sewer lift station to be located near the South boundary of the Tract at Macy Street. 1 o o c PLAIIS AND SPECIFICATIONS -- Plans and Specifications for the landscaping and 11ft station are being prepared by the developer and must be approved by the Department of Parks and Recreation and Public Works, respectively. The landscape plans must provide for separate watering systems, el~ctric and water meters and the 11ft station plans must provide for a separate electric meter which can be monitored and billed directly to the assessment district for inclusion into the annual assessment rolls after a one year plant and 11ft station quarantee period by the developer. DESCRIPTION OF BOUNDARIES -- On December 3, 1988, the boundaries of the proposed district were determined and are delineated on the attached Proposed Boundary Map of Assessment District No. 989. The property involved presently is encumpased entirely by the bodundaries of Tract No. 13457. VICINITY MAP -- The vicinity map is attached as Exhibit 1. DISTRICT BOUNDARY MAP -- A reduced copy of the District Boundary Map is attached as Exhi bit 2. c METHOD OF ASSESSMENT -- Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properti es in the area is de termi ned to be equa 1 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". In the case of the sewer 11ft station, all lots will be served thereby and will benefit equally in the cost of maintenance thereof. 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 single family residence will be assessed an equal share in the cost of mai ntenance (1 resi dential uni t - 1 assessment). METHOD {IF FINANCING -- When the landscaping and sewer 11ft station are actually in place and have been maintained in good order by the developer for the one (1) year guarantee period, the assessment district will take over the maintenance and will let contracts therefor on a fiscal year basis in the case of the landscaping. The lift station will be maintained by City crews and the time and material will be charged to the district. The fiscal year basis is for assessment purposes as the County Tax Rolls are prepared on the same basis. The City will advance the costs of the annual contract and will be rei mbursed each year through assessments, pl us interest, and collected on the annual County Tax bills. Eventually, these costs will come from the Ci ty's Assessment Distri ct Reserve Fund, presently they come from the General Fund. o 2 c c o 1- o o ASSESSMENT ROLL -- Presentl y the area is vacant, however when the Tract is complete, there will be 208 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 $30.00, incl uding interest, each for subsequent years. BONDS -- No bonds are to be sold on this proposed assessment district. The costs will be advanced 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 c c o o o COST SlII4ARY FIRST YEAR: Cost of proceedings only, estimated at (See Exhibit '3) $2,000.00 =..==s==_====..====..==....===.....===......=...===-=-=.==_.==================== SlBSEQlE1IT YEARS -- _intenanee and adJltnistratiOll an.uany. (See Exhibi t 4) Ground Cover -- 8 feet wide along entire length . of the Tract within the district boundary. 950 lint ft. X 8 . 7,600 sq. ft. at $0.20 per sq. ft. !JLE! Station -- maintenance Inspection .!ll M ! Recreation Dept. 2 hours per week at $20.00 per hour including benefi ts per year Assessment Engineering -- including preparation of annual assessment roll, agenda items, resolutions, correspondence and transmittal to County Auditor/ Controller. 20 hours per year. at $20.00 per hour including benefi ts Water and Electrical Costs -- (landscaping) 7.60~q. ft. at $0.06 per sq. ft. Electrical Costs -- (lift station) TOTAL ESTIMATED COST 4 $ 1,520.00 $ 500.00 $2,080.00 $ 400.00 $ 456.00 $1,000.00 $5,956.00 o c o o o 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. 989. 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' Ll"!~ ~ INIT.ICT - ,.,.... ....MDA..., TRACT TRACT ... c..... ".._ . . . ! I " ~ ", . NO. a 134&7-1 I . NO. 11417'" I - ":: =;j ! II N. :::...._ I ~ l~ I 'i ,.....,-. -1 ~ -=~_5"--q I ...,. o o o 1989-90 ASSESSMENT ROLL, A. D. 989 0 ASSMT ASSESSORS TOTAL ASSMT NO. PRCL. NO. 1 0142-201-13 34.79 2 0142-201-22 1965.20 TOTALS 1999.99 2 Q o ~+ueIT 3 Q ASSMT NO. 1 2 TOTALS Q o o o 19&9-90 ASSESSMENT ROLL, A.D. 989 ASSESSORS PRCL. NO. 0142-201-13 0142-201-22 2 TOTAL ASSMT. 103.61 5852..37 5955.98 ., . 81f...'8JT ~. .