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REQUEST
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NO. 14.40-83
CITY OF SAN BERriRDINO -
COUNCIL ACTION
0: ROGER G. HARDGRAVE, Director
Dept: Public Works/Engineering
Subject: Resolution of Intention: North "R"
st. Area Lndscp. Maint. District
(AD1002)
Dau: February 25, 1991
Synopsis of Previous Council ection:
5-21-90 --- Authorization to proceed granted by motion.
Recommended motion:
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Adopt Resolution.
cc: Shauna Edwins, City Administrator
Andrew Green, Director of Finance
James F. Penman, City Attorney
Verne Nadeau
384-5026
Phone:
Ward:
Contact person:
Staff Report, Map, Engr' s Rpt.
Supporting dlta atteched:
5
$3,000.00
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.1
251-682-53925
(Acct. DescriDtionl
To be paid from up-front money by Developer
QunCil Notes:
Assess. Distr. 1002
Finance: ~., \ };J -
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CITY OF SAN BERN~DINO - REQUEST FQ. COUNCIL ACTION
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STAFF REPORT
This action is the result of a request of the developers of the North "R"
street area in response to the requirement of the City to establish an
assessment district for the maintenance of landscaping along portions of "R"
street North of 53rd street and along the Southerly bank of the Flood
Control dike which adjoins Tracts No. 13554-1 thru 7 on the North.
The purpose
convenience
maintenance
within the
~aintenance
of the action is to preliminarily determine that
and necessity require the formation of a
district; declaring the intention to proceed to
district to be known as the "North "R" Street Area
District"
the public
landscaping
order work
Landscaping
Pursuant to Chapter 12.90.040C(5) of the Municipal Code. notice and hearing
will not be required as 100~ 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.
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RESOLIJTIOK NO.
RESOLUTION OF THE CITY OF SAN BE~~ARDINO PRELIXINARILY DETERMINING THAT
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE
'lAINTENANCE ASSESSMENT DISTRICT LOCATED Hi THE NORTH "H" STREET AREA:
DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE
KNOWN AS ASSESSMENT DISTRICT NO.1002, 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 for the procedure for the
formation of assessment districts within the City: and
wrffiREAS, 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. 1002:
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 necessity require and it is
the intention of the Mayor and Common Council to form Assessment District No.
1002. the boundaries of which are generally as follows:
Generally bounded on the West, South. East and North by the boundaries
of Tracts No. 13554-1, 13554-2, 13554-3, 13554-4, 13554-5, 13554-6 and 13554-
7 together with the South slope of the Flood Control dike which adjoins
Tracts No. 13554-4. 13554-5 and 13554-6 on the North.
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RESOLUTION OF I~NTION AD 1002
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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
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 and appurtenant facilities in
portions of both sides of "H" Street, North of 53rd Street and in the South
bank of the San Bernardino County Flood Districts dike which adjoins the area
on the North.
The estimated annual cost of said maintenance, including incidental
costs is $6,296.00.
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.
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RESOLl.,'TION OF
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INTENTION AD
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1002
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SECTION 4. The assessment benefit procedure to be followed and the
amount to be assessed against each particular parcel will be a proportion of
the total sum of the cost of the maintenance and incidentals within the area
in relation to the total number of single family residences within the
district. Reference is hereby made to said Engineer's Report on file in the
office of the City 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 with the same penalties 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 cost
maintenance of landscaping. Said interest shall be at the average rate as the
City is receiving on other City funds during the period of expenditure.
The costs of the maintenance contract and incidentals will be
collected in perpetuity unless otherwise terminated by the City.
SECTION 6. That the City elects to proceed without Notice and Hearing
pursuant to Section 12.90.04OC(5) of the Municipal Code as the request
represents 100% of the property owners liable to be assessed for the
maintenance.
SECTION 7. A copy of this resolution and a map showing the exterior
boundaries of the proposed improvement district with relation to the
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RESOLulION OF INTESTION ADI002
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territory immediately contiguous thereto and to the proposed improvement
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 improvement district.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
~ayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 1991, by the
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAl.,llSLEY
I1INOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this day of
. 1991.
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
-25-91
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February 25, 1991
File No. 14.40-83
PROPOSED ASSESSMENT DISTRICT NO. 1002
ENGINEER'S REPORT
CITY OF SAN BERNARDINO
NORm "H" STREET AREA LANDSCAPING MAINTENANCE DISTRICT
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CITY OF SAN BERNARDINO
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1002
PETITION -- On April 24. 1990, this office received a petition from FORECAST
CORPORATION for the establishment of an assessment district for the
maintenance of landscaping for Tracts No. 13554-1 thru 7 as delineated on
the attached vicinity map. This petition was 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 21. 1990. 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. 1990, and pursuant to Chapter 12.94.030
of the Municipal Code, the developer was requested to up-front the
estimated cost of $3.000.00 to cover the cost of the proceedings. The
deposit was received on July 5. 1990 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.
EASEKENTS --Although the Tracts are recorded, the area lying North of and
adjacent to the Tracts will be maintained by the District. Easements from
the San Bernardino County Flood Control District will be obtained allowing
the City the right to maintain the landscaping which is on the Southerly
slope of the Districts dike along the North side of the Tracts. This area
is outside the dedicated rights of way as the district cannot function on
private property.
DESCRIPTION OF IMPROVEIIENTS -- The improvements to be maintained include a strip
of ground cover. shrubs and trees along portions of the East and West
sides of "H" Street, North of 53rd Street and the maintenance of trees
only located on the bank of the Flood Control lying North of and adjacent
to the North boundaries of the Tracts.
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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 22, 1990, the boundaries of the proposed
district were determined and are delineated on the attached Proposed
Boundary Map of Assessment District No. 1002. The property involved
presently are Tracts No. 13554-1, 13554-2, 13554-3, 13554-4, 13554-5,
13554-6 and 13554-7. The boundaries also include that portion of the Flood
Control bank which is to be maintained.
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 ASSESSKIlNT -- 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 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 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. ·
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METHOD OF FINANCING -- When the landscaping is actually in place and has been
maintained in good order by the developer 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, and
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 286 liable to be assessed. The proposed
assessment 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. It is anticipated that the annual assessment
for each single family residence will be approximately $22.00.
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.
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COST sutlHARY
FIllST YEAR:
Cost of proceedings only. estimated at
(See Exhibit 3)
$3.000.00
==========================..====_===========_=====_====~==.===.s.====.===.=...==
SUBSEQUENT YEARS -- maintenance and administration annually.
(See Exhibit 4)
Ground Cover -- 12 feet wide and 83 feet long along
the west side of "H" Street.
83 lin. ft. X 12 = 996 sq. ft. ~ $0.40 per sq. ft
$ 398.00
12 feet wide and 460 feet long along the East side
of "H" Street.
460 lin. ft. X 12 = 5.520 sq. ft. ~ $0.40 per sq. ft.
$2.208.00
6 feet wide and 28 feet long along the East side
of "H" street at 56th Street.
28 lin. ft. X 6 = 168 sq. ft. ~ $0.40 per sq. ft.
$
67.00
Flood Control Area: A total of 70 trees to be
maintained ~ 10.00 per tree
$ 700.00
Inspection by Park & Recreation Dept.
2 hours per week at $20.00 per hour including
benefits per year
$2,080.00
Assessment ~naineering -- including preparation
of annual assess.ent roll. agenda iteas, resolutions,
correspondence and transmittal to County Auditor/
Controller.
20 hours per year at $20.00 per hour including
benefits
$ 400.00
Water and Electrical Costs
6.684+700 sq. ft. at $0.06 per sq. ft.
$ 443.00
TOTAL ESTIMATED COST
$6.29'.00
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ENGINEER'S STATBKENT
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. 1002.
~G'~
Director of Public Works/City Engineer
Filed in the office of the City Clerk
this Z6-H, day of FcJ,""'1I"'f , 1991.
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