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HomeMy WebLinkAboutR05-Parks and Rec - CITY OF SAN BERIARDINO - REQUEST 90R COUNCIL ACTION Oom: Dept: Annie F. Ramos, Director Parks, Recreation & Community Services APPROVE RESOLUTION RELATING TO PROCEDURE Subject: FOR CITY-PROPERTY OWNER PARTICIPATION IN THE LANDSCAPE DEVELOPMENT PROGRAM FOR PROPERTY FRONTAGE LOCATED ON THE PUBLIC RIGHTS-Of-WAY AND WITHIN THE BUILDING SET-BACK AREA UP TO A MAXIMUM n~ TW~NTY (?n) ~~~T Date: May 14, 1991 Synopsis of Previous Council action: February 4, 1991 - Mayor and Common Council directed the Director of Parks, Recreation and Community Services Department to prepare a landscape development and maintenance incentive program. May 6, 1991 - The Landscape Incentive Program was approved and the Ordinance was laid over. o That said resolution be adopted. (See attached list of motions.) ~ ).,e~/~ Signature Contact person: Anni e F. Ramos Supporting data attached: Staff Report & Reso 1 ut i on Phone: 5030 Ward: City Wide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.1 (Acct. DescriDtionl Finance: Oncil Notes: ,- o o o - PARm, ~ MID fIIlIIM[lNITl!' SERVICES RBQOES'1' lOR OXK:IL ~ T"~-. Maint-- Dwel.....-.t h~iliIla Paqe -2- o R--...-_.~ Ihfo:........ 00Ilti.Due4: lDl'Iaf "A": Hn'Iaf "8ft: lDI'Iaf "C": lKavor ~ t\ ...._ilI'l ""''''''''1' RmOWl'Iaf OF '!HE MlYtR AND CXJKfi CXIlNCIL OF '!HE CI'l'l{ OF SAN !IE:RNARDI!O RE:IA'l'lD3 '10 PR>"'''' JRI!S FtR CI'l'l{ P1a'ER1Y CMNER PARl'ICIPATIaf IN '!HE IANISCAPE IE\IEIDHIEm' PR:lGlWI FtR !'KWm<I.'i IKImlGES ~'I'IIn af '!HE ~C ~ WAY AND Wl'1HIN '!HE JlVIID]lG SEl' mcx ARFA UP '10 A IWCDU( OF 'lWJ!N1'l( (20) FEEl'. 0Iav0r ..~ O.....M ""''''''''''1' '!hat final reading of the 0I:dinance be waived an:! that said O%dinance be adqlted. CRmlANCE OF '!HE CI'l'l{ OF SAN BI!2WmIl<<) A!DDI; QIAPmR 12.96 '10 I'RJ\1IIE FtR '!HE INS'm1A'l'Iaf AND MAIN'lBWlCE OF IANmCAPED IiKIfrAGI1S af CI'l'l{ ~ AND Wl'1HIN '!HE JlVIID]lG SET-mcx ARFA UP '10 A MAXDUI OF 'lWJ!N1'l( (20) FEEl' AND '10 I'RJ\1IIE PR> .". _ FtR ~...sMI!NI' OF alS'l'S INalRRBD BlC '!HE C1'1Y IN '!HE EV!Nl' '!HE IANtSCAPIlG IS 101' ~ MllNmINED AFl'ER INS'm1A'l'Iaf . ,,,,....~..b Dwel{..l.ll~..t n........aicm, '!hat Devel_/t DeparbDBnt I.ardscape Beaut.ificatoin !\1rJ1 l:xn1 }4' .~. be aut:harized in an lIIIICUI'It not to ~ Fa1r-1l1rxh'ed '1ba.Isand Dollars ($400,000) to furxi the City of san Ilemardino ~ Devel_/t Maint:enanoe Incentive h""'LGIIl. l- . CITY OF SAN BERt)'RDINO - REQUEST CPR COUNCIL ACTION Q APPROVE RESOLUTION RELATING TO STAFF REPORT PROCEDURE FOR CITY-PROPERTY OWNER PARTICIPATION IN THE LANDSCAPE DEVELOPMENT PROGRAM FOR PROPERTY FRONTAGE LOCATED ON THE PUBLIC RIGHTS-OF-WAY AND WITHIN THE BUILDING SET-BACK AREA UP TO A MAXIMUM OF TWENTY (20) FEET. The resolution outlines the procedure for administering the Landscape Incentive Program. It describes the eligible and ineligible projects and provides a list of streets and commercial zones which come under the provisions of the program. In addition, the resolution provides for an agreement which outlines the responsibilities of the City and the property owner, and places the responsibility for landscape mainten- ance after installation on the property owner. The agreement also provides that if the property owner fails to maintain the landscaping installed pursuant to this program, the City can do so and lien the property. It is essential that a procedural resolution be in place to guide the administration of the program: therefore, it is recommended that this resolution be adopted. o (STAFFRE: LNDSCPD) May 14, 1991 o 7'-0264 o o o o 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO PROCEDURE FOR CITY-PROPERTY OWNER PARTICIPATION IN THE 3 LANDSCAPE DEVELOPMENT PROGRAM FOR PROPERTY FRONTAGE LOCATED ON THE PUBLIC RIGHTS-OF-WAY AND WITHIN THE BUILDING SET-BACK 4 AREA UP TO A MAXIMUM OF TWENTY (20) FEET. 5 6 7 8 9 10 11 12 13 RESOLUTION NO. BE IT RESOLVED BY THE MAYOR AND COMMON CITY OF SAN BERNARDINO AS FOLLOWS: COUNCIL OF THE SECTION 1. PURPOSE. In order to expedite the development of landscaping along the public right-of-way specified major on arterials and in specific commercial zones, the city may pay up to one- half the cost of such work. Arterials and commercial zones are specified Maintenance in "Landscape Development and Program" listing of streets and boundaries attached hereto, marked "Exhibit I" and incorporated herein by reference as 14 15 fully as though set forth at length. SECTION 2. ELIGIBLE. 16 17 18 19 20 21 22 23 of 24 Eligibile projects for City participation of one-half the cost shall be only those projects for which the City has initiated Chapter 12.96 proceedings of the San Bernardino Municipal Code. SECTION 3. INELIGIBLE PROJECTS. This resolution does not apply to landscape development a condition and improvements required of a property owner as obtaining a building permit, conditional use permit or other type of development permit. 25 26 27 3/19/91 -1- 0 28 o 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 .. o o 1 RESOLUTION RELATING TO PROCEDURE FOR CITY-PROPERTY OWNER PARTICIPATION IN LANDSCAPE DEVELOPMENT PROGRAM, ETC. SECTION 4. PROCEDURE. The work hereunder may be performed by a private contractor enqaqed by either the property owner or the City followinq application to the Public Works Department for participation in the proqram. a. Applications, outlininq the work to be performed shall be completed on forms to be provided by the Public Works Department. Upon approval of the project, an aqreement (Exhibit "II") for landscape construction and maintenance will be made between the City and the property owner. The Director of Public Works, City of San Bernardino is hereby authorized to execute b. aqreements for this purpose on behalf of City. The Public Works Director and the Director of Parks, Recreation and Community Services Department shall have an inspection made of the project site; estimate the cost of the work; and advise the property owner in the Landscape Construction and Maintenance Aqreement of the dollar amount of the one-half cost contribution. c. The property owner will have the option of havinq work performed by a private contractor selected by the City or by the property owner. 3/19/91 -2- 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 o o ~[ . ~ t. . o o RESOLUTION RELATING TO PROCEDURE FOR CITY-PROPERTY OWNER PARTICIPATION IN LANDSCAPE DEVELOPMENT PROGRAM, ETC. In no event will the amount of the City's contribution exceed the sum determined in (b) above. d. The Public Works Director, following final inspection and approval of the completed landscape construction work by the city Parks, Recreation and Community Services Director, and upon the presentation of receipted bills or invoices, shall authorize 50t of the actual cost of the project or the sum determined pursuant to (b) above, whichever is less, to be paid to the property owner. In the event a property owner elects to have the work performed by a private contractor, the contractor shall apply for and receive a no-fee permit issued by the Public Works Department. I HEREBY CERTIFY that the foregoing resolution was e. adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day if , 1991. 3/19/91 -3- o o ..J . ,! - - o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION RELATING TO PROCEDURE FOR CITY-PROPERTY OWNER PARTICIPATION IN LANDSCAPE DEVELOPMENT PROGRAM, ETC. COUNCIL MEMBERS: AYES NAYS ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this day of , 1991. 16 17 18 19 Approved as to form and legal content: 20 21 James F. Penman City Attorney 22 By: (1A~ 7.f~ 23 0 24 25 26 27 28 o w. R. Holcomb, Mayor city of San Bernardino (RESO: LNSP.DEV.) 3/19/91 -4- o o o J. ~ - o o LANDSCAPE DEVELOPMENT AND MAINTENANCE PROGRAM All streets listed below within the city Limits of the City of San Bernardino: North to South oriented streets (major arterials): 1. Waterman Avenue. 2. Sierra Way. 3. Mountain View. 4. "0" Street 5. "E" Street 6. "F" Street 7. "G" Street 8. "H" Street 9. "I" Street 10. Mount Vernon Avenue 11. Medical Center Drive 12. California Street East to West oriented streets (major arterials): 1. Mill Street 2. Rialto Avenue 3. Second Street 4. Third Street 5. Fourth Street 6. Fifth Street 7. Sixth Street 8. Seventh Street 9. Eighth Street 10. Ninth Street 11. Tenth street 12. Eleventh street 13. Baseline Street 14. sixteenth Street 15. Highland Avenue 16. 27th Street 17. 30th Street 18. 40th Street 19. Marshall Boulevard 20. 48th Street 21. University Parkway 22. Northpark Boulevard EXHIBIT "I" -1- ~. o o 4:) East to West oriented streets (commercial zone): 1. Fourth street 2. sixth street 3. Seventh Street 4. Eighth Street 5. Tenth Street 6. Eleventh Street 7. Fourteenth Street 8. Fifteenth Street 9. Sixteenth street All streets listed below not within the city limits of the City of San Bernardino but within the City's sphere of influence: Del Rosa Avenue Sterling Avenue Foothill Drive 40th Street o (EXHIBITILDSCAPE) EXHIBIT "I" -2- o 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 o o o o AGREEMENT FOR LANDSCAPE IMPROVEMENTS THIS day of Bernardino owner") . AGREEMENT is entered into as of this . 1991, by and between the City of San ("City") and ("Property RECITALS A. WHEREAS, CITY and PROPERTY OWNER desire to enter into agreement for Construction of Landscaping on property located on city Right-of-Way and on the Building Set-back area up to a maximum of 20 feet at ; and (Property Address) B. WHEREAS, it is mutually beneficial to the parties hereto that the PROPERTY OWNER install landscaping on the property; and C. WHEREAS, the parties hereto contemplate the performance of this Agreement under the provisions of Chapter 12.96 of the City Municipal Code . NOW THEREFORE, in consideration of the mutual covenants herein, the parties do hereby agree as follows: 1. PROPERTY OWNER has formally requested participation in this city assisted program for upgrading property frontages by installation of landscaping in accordance with plans which have been approved by City Engineer and Director of Parks, Re- creation and Community Services Department. 2. CITY may, pursuant to Section 12.96.040, City Municipal Code , pay one-half the cost of construction landscaping located on the Right-of-Way and within the set back area up to a maximum of twenty (20) feet. 3. Pursuant to Section 4, paragraphs (b) and (d) of the Prodecural Resolution, CITY agrees to reimburse PROPERTY OWNER $ or 50 percent of the actual costs, whichever is less, upon favorable inspection and approval of the project by Director of Parks, Recreation and Community Services Department and upon presentation of receipted bills or invoices. 4. PROPERTY OWNER agrees to maintain property accordance with City standards after landscape construction is completed pursuant to 12.96.070, City Municipal Code. in con- Section EXHIBIT "II" 14 WITNESS: 15 By 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o o o 1 2 3 4 5 6 7 8 9 10 11 12 13 5. PROPERTY OWNER understands that in the event property is not maintained according to City standards that CITY may, after exhausting all efforts to have PROPERTY OWNER perform the maintenance, cause said property to be maintained and the cost shall be billed by City to the property owner. Failure to pay the invoice for costs of maintenance within 30 days shall result in a lien on the property pursuant to proced- ures of Section 12.96.070, City Municipal Code. IN WITNESS WHEREOF, the parties have executed this instrument upon the date first herein above appearing. PROPERTY OWNER: DEPARTMENT OF PUBLIC WORKS CITY OF SAN BERNARDINO By By (Name) Director (Address) (AGREEMENTLSPIMP) 3/20/91 -2- o Q 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 .A1 .. - - o o ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 12.96 TO PROVIDE FOR THE INSTALLATION AND MAINTENANCE OF LANDSCAPED FRONTAGES ON CITY RIGHTS OF WAY AND WITHIN THE BUILDING SET-BACK AREA UP TO A MAXIMUM OF TWENTY (20) FEET AND TO PROVIDE PROCEDURES FOR ASSESSMENT OF COSTS INCURRED BY THE CITY IN THE EVENT THE LANDSCAPING IS NOT PROPERLY MAINTAINED AFTER INSTALLATION. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 12.96 of the San Bernardino Municipal Code is added to as follows: "Chapter 12.96 Installation and Maintenance of Landscaped Frontaqes on City Riqhts-Of Way and within the buildinq set-back area up to a maximum of twenty (20 feet." 12.96.010 Scope and Definitions. A. This Chapter shall apply to the installation and maintenance of landscapinq in front of properties in any specified block where frontaqes do not have landscapinq which complies with City standards and development codes and provides for City participation with property owners for sharinq the costs of installation on that portion of the property frontinq on the Riqht-Of-way and the buildinq set- back area up to a maximum of twenty (20) feet. B. This Chapter shall apply to a lot or property frontinq on, or otherwise adjacent to, or in conjunction with specified street, arterial or collector street section or specified commercial zones as listed in the procedure resolution. C. Definitions. As used in this Chapter: 1. Frontaqes means all the property within the 0-1_ - 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 o o l1li Jl ~ -b. ~ o o City Rights-of-Way and the building set-back up to a maximum of twenty (20) feet fronting and facing the streets and arterials in specified locations and commercial zones in the City of San Bernardino. 2. Cost, installation cost, or variants thereof means and includes the actual cost of installation and/or maintenance of the landscaping and any incidental or administrative expenses. 4. Director of Parks, Recreation and Community Services Department or designee shall be responsible for review and approval of landscape development plans and specifications and final inspection after completion of construction phase. 2.96.030 Participation by Property OWners. A. When the owners of lots or portions of lots fronting on any portion of a public street have frontages existing which do not meet city codes and standards for landscape improvements on said lot or parcel of property, the owners may apply for City cost sharing assistance to install landscaping in conformance with the remainder of the block and in compliance with City approved plans and specifications. B. After applications for assistance and the Agreement for joint City property owner participation are approved, the Director of Public Works/City Engineer shall notify the property owner to prepare landscape plans for approval and upon approval of plans to cause landscaping 3/18/91 -2- '. 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 o o o o to be installed on the frontages. Landscape plans shall be reviewed and approved by the Director of Parks, Recreation and Community Services Department prior to commencement of landscape installation. 12.96.040 Participation By City. Notwithstanding other provisions of this Chapter or any other provision of law, the City may pay 1/2 of the cost of construction of landscaping located on the right-of-way and within the building set-back area up to a maximum of twenty (20) feet, at the discretion of the Public works Director. The Public Works Director shall make such determination based on the cost of the construction, the ability of the property owner to pay and the cooperation exhibited by the property owner. Such determination shall be subject to appeal to the Mayor and Common Council pursuant to Chapter 2.64 of this Code. 12.96.050 Duty To Install Landscaping. A. The owners of lots or portions of lots fronting on the City Rights-Of-way in the specified areas whenever the City has approved the application and signed the agreement to pay the 50t portion of the costs of the installation of such landscape improvements in front of said part, shall have the duty of installation or causing the installation of landscaping in front of their properties upon notice so to do by the City. 3/18/91 -3- o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 ~ 26 27 ~ o o o o 12.96.060 Duty To Maintain And Repair After Installation. A. The owners of lots or portions of lots fronting on any portion of the public right-of-way on the specified streets and arterials or in the specified commercial zones shall after such property is improved, maintain that property in accordance with established City standards and in such condition that the improved area will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in its use. B. When the Director of Public Works/City Engineer finds any landscaped frontages which are not being maintained up to City maintenance standards or which are in condition to endanger persons or property or in condition to interfere with the public convenience in its use, the Director of .Public Works/city Engineer shall notify the owners of the property fronting on that portion of such rights-of-way to perform maintenance of the landscaped frontages. 12.96.070 Service And Contents Of Notice To Maintain After Installation. A. Notice to repair or maintain landscaping and appurtenant areas may be given by delivering a written notice personally to the owner of the property or to the person in possession of the property facing upon the city Rights-of Way to be maintained or by mailing a written notice to the owner of the property thereof at his last known address as appears on the tax assessment rolls of the 3/18/91 -4- 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 o o l. . o o County. Immediately upon mailing the notice, the property shall be posted in a conspicuous place. B. The notice shall particularly specify what work is required to be done, where standard landscape maintenance requirements may be obtained showing how it i. to be done and what materials and plants shall be used in the maintenance improvements and shall further specify that if the maintenance is not commenced within thirty (30) days after notice is given and diligently and without interruption prosecuted to completion, the Director of Public Works/city Engineer shall cause the maintenance to be done, and the cost of same shall be billed to the property owner. Failure to pay invoices for landscape maintenance within thirty (30) days shall result in a lien on the property. C. The notice shall specify the day, hour and place when the Mayor and Common Council will hear objections or protests, if any, which may be raised by any property owner or other interested persons, but in no case shall such hearing be sooner than ten (10) days after giVing notice. Upon the day and hour fixed for the hearing, the Mayor and Common Council shall hear and pass upon objections or protests and their decision shall be final and conclusive. D. If the required maintenance improvements are not commenced and prosecuted to completion with due diligence as required by the notice, the Director of Public works/city Engineer shall forthwith make the required improvements. 12.96.080 Hearing And Assessment Of Costs. -5- o o o o o 1 A. Upon the completion of the maintenance 2 improvements, the Director of Public Works/City Engineer 3 shall cause notice of the cost of the maintenance 4 improvements to be given in the manner specified in 5 Subsection 12.96.060, except for posting, said notice shall 6 specify the day, hour and place when the Mayor and Common 7 Council will hear and pass upon a report by the Director of 8 Public Works/City Engineer of the cost of the improvements, 9 together with any objections or protests, if any, which may 10 be raised by any property owner liable to be assessed for the 11 cost of such maintenance improvements and any other 12 interested persons. In no case shall the hearing provided 13 for in this section be sooner than ten (10) days after giving 14 of notice. 15 B. The cost of the maintenance improvements may 16 include administrative expenses required for the proper 17 coordination and functioning of the maintenance improvements 18 in front of the parcel as determined by the Mayor and Common 19 Council. 20 c. Upon the day and hour fixed for the hearing the 21 Mayor and Common Council shall hear and pass upon the report 22 of the Director of Public Works/City Engineer, together with 23 any objections or protests which may be raised by any of the 24 property owners liable to be assessed for such maintenance 25 improvements and any other interested persons. Thereupon the 26 Mayor and Common Council may make such revision, correction 27 or modifications in the report as it may deem just, after 28 which, by resolution, the report as submitted, or as revised, 3/18/91 -6- - . - Ul. ~ QlI J. 0 0 o 1 corrected or modified, shall be confirmed. The Mayor and 2 Common Council may adjourn the hearings from time to time. 3 The decisions of the Mayor and Common Council on all protests 4 and objections which may be made, shall be final and 5 conclusive. 6 D. Upon confirmation of the above report, the Mayor 7 and Common Council may order the notice of lien to be turned 8 over to the accounting officer of the city, whereupon it 9 shall be the duty of this officer to have the amount of the 10 assessment added to the next regular bill for taxes levied 11 against the lot or parcel of land. . If the City taxes are 12 collected by the County officials, the notice of lien shall 13 be delivered to the County AUditor, who shall enter the 14 amount thereof on the County assessment book opposite the 15 description of the particular property and the amount shall 16 be collected together with all other taxes thereon against 17 the property. The notice of lien shall be delivered to the 18 County auditor before the date fixed by law for the delivery 19 of the assessment book to the County Board of Equalization. 20 12.96.090 Limitation Of Actions. 21 A. Time. 22 No action, suit, or proceeding to set aside, 23 cancel, avoid, annul or correct any assessment or 24 reassessment, or to review any of the proceedings, acts or 25 determinations therein, or to question the validity of, or to 26 enjoin the collection of the assessments or reassessments or 27 3/18/91 -7- 28 o o 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 o o to enjoin the issuance of bonds to represent the same, shall be maintained by any person unless such action is commenced within 30 days after the recordinq of the warrant, diaqram and assessment or reassessment, and thereafter all persons shall be barred from any such action or any defense of invalidity of the assessment or of bonds issued thereon. B. Property Unlawfully Dedicated or Acquired. No proceedinqs taken or had under this provision shall ever be held to be invalid on the qround that the street Riqht-Of-Way, public property or any portion thereof, upon which the work or any part thereof is or was done has not been lawfully dedicated or acquired; provided, the same is lawfully dedicated or acquired, or an order for possession prior to judqement has been obtained. I HEREBY CERTIFY CERTIFY that the foreqoinq ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meetinq thereof, held on the day of , 1991, by the followinq vote, to wit: COUNCIL MEMBERS !m ~ ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER 3/18/91 o o -8- C1ty Clerk - ~ - .. 11 0 C) 1 The foreqoinq ordinance is hereby approved this 0 2 day of , 1991. 3 4 w. R. Holcolllb, Mayor City of San Bernardino 5 Approved as to form 6 and leqal content: 7 8 9 By: 10 11 12 13 14 0 15 16 17 18 CORD: LANDSPFRONT) 19 3/18/91 -9- 20 21 22 23 24 25 26 27 0 28