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HomeMy WebLinkAbout24-Public Works - CITY OF SAN BERNAQDINO - REQUEST FOe eOUNCn. ACTION From: ROGER G. HARDGRAVE. Director Subject: Resolution of Intention: Cajon and Pepper Linden area Lndscp. Maint. Distr. Dept: Public Works/Engineering Date: September 30, 1991 Synopsis of Previous Council action: 07-01-91 --- Authorization to proceed granted by motion. Recommended motion: Adopt Resolution. cc: Shauna Clark, City Administrator Andrew Green. Director of Finance James F. Penman, City Attorney Contact person: Supporting data attached: Staff Report, Map. Engr' s Rpt. Verne Nadeau Phone: 384-5026 Ward: 6 FUNDING REQUIREMENTS: Amount: $3,000.00 Source: (Acct. No.1 251-688-53925 Acct. Descri tion Assess. Distr. To be paid from up-front moneys paid by Deve1 opeFinance: Council Notes: 75.0262 Agenda Item No ~JI C.ITY, OF SAN BERN~DINO - REQUEST F~ COUNCIL ACTION STAFF REPORT This action is the result of a request of the developers of the Cajon and Pepper Linden area in response to the requirement of the City to establish an assessment district for the maintenance of landscaping along portions of Pepper Linden Drive, Cajon Boulevard, in an easement area along the Southeasterly line of Tract No. 14503-1 and in a Retention Basin in Tract No. 14503. The purpose of the action is to preliminarily determine that convenience and necessity require the formation of a maintenance district; declaring the intention to proceed to within the district to be known as the "Cajon and Pepper Landscape Maintenance District". the publ ic landscaping order work Linden Area Pursuant to Chapter 12.90.040C(5) of the Municipal Code, notice and will not be required as lOOt of the owners of the property to be have requested the district. hearing assessed A copy of the Engineer's Report is attached herewith for your convenience. This proposed District lies North of and adjacent to District No. 993 however it is not. feasible t.o join the t.wo as t.he assessment.s in District. No. 993 would increase significantly. It. would be an effort in futility as a hearing would be necessitated and the OWIlers would most. certainly defeat the project. Therefore, this proposed area will be a separate District. 75.0264 ! . ,: I , ~. ZA i I I I I! n J I ~ I i ~~=III . I/-" =j = 1511I " II II.!! .. , ' I . , II'~ r il i I ~; ~ ~ ~~ ~ 0 i~8"'" ~,.~~~ ~~ Z ; Ii =; .. !: ~ I~ o o ! ~ i , i . ~ '/ ., rl ili!! ;i . f ~ I"' -J ,. ..pIli d I:} f". . i1 ~.. '.1 i :. ff'-f! ::. ~..,- . :fl'P ~ ~f n . f ~ ..fi~~J . .n n ~iJi '!i. r Ii. "H · hI IW~U~ I ~ en I'Tl ~ I'Tl Z -t .. 0 ~ - f/) Ill!! -f I~~" on::U .. -f ~ 8E OJ 0 i of/) ~ iii c: I'Tl :1 ~ 0 " J> i ::u ~ ~ i " ~ o ~ o o September 24, 1991 File No. 14.40-91 ENGINEER'S REPORT CITY OF SAN BERNARDINO PROPOSED ASSESSMENT DISTRICT NO. 1005 CAJON AND PEPPER LINDEN AREA LANDSCAPE MAINTENANCE DISTRICT o o CITY OF SAN BERNARDINO ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1005 PETITION -- On June 5, 1991, this office received a petition from CENTlmy HOMES COMMUNITIES for the establishment of an assessment district for the maintenance of landscaping for Tracts No. 14503 and 14503-1 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 Depar'tment of Par'ks and Recreation from having to maintain the areas. AUTHORIZATION TO PROCEED -- On July I, 1991, 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 "nder the prov lSlons of Chapter' 12.90 of the San Bernar'dino Municipal Code and the City Engineer was directed to prepare this report. ADVANCE OF ESTIMATED COSTS -- On July 2, 1991 and pursuant to Chapter 12.94.030 of the MlInicipal 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 10, 1991 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 dp.veloper and if the actual costs are more than the deposit, then the remainder can either be paid in a lump sum by the dp.veloper or assessed against the properties involved. EASEMENTS -- Although the property is present ly undeveloped, when the Tracts ar'e recorded, certain easements for Par'k Purposes will he granted on the Tract Maps to the City to allow the district to maintain the areas which ar'e outside the dedicated rights of way as the district cannot fllnction on private property. These areas constitute il Retention Basin and areas adjacent to Pepper' Linden Drive and Cajon Boulevard and along the Southeasterly side of Tract No. 14503-1. A separate easement has been granted across property lying outside of, adjacent to and Southeaster'ly of Tract No. 1'..103-1 f()r additional landscape area. 1 o o DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained include ground cover along the Easterly side of Pepper Linden Drive, the Southerly side of Cajon Boulevard and the Southeasterly side of Tract No. 14503-1. Turf area will be installed in the Retention Basin located in Tract No. 14503 and will be maintained by the District. Although Pepper Linden Drive is included in this estimate, the landscaping will not be installed until the Street is actually improved. 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 June 11, 1991, the boundaries of the proposed district were determined and are delineated on the attached Proposed Boundary Map of Assessment District No. 1005. The property involved presently is all of Tracts No. 14503 and 14503-1 and the private easement area located Southeasterly of and adjacent to Tract No. 14503-1 which Tracts are located in the area of Pepper Linden Drive and Cajon Boulevard. Although this proposed District lays adjacent lo District No. 993, to join the two would substantially increase the assessment on District 993. It would be an effort in futulity to attempt such an annexation knowing full well that the owners in District No. 993 would protest it out. 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. Mh-rHOD 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 &Jd the Resolution of Intention delineates the specific areas of maintenance which will benefit all of the properties within the boundaries. 2 o o 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 9,800 square foot lots minus 25~ 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. 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 4 vacant parcels liable to be assessed which constitute 92 single family units according to formula. When both Tracts are complete, there will be 101 assessments. 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. Although the assessment roll as attached represents the vacant land, when built out each assessment would be estimated at 5248 each for subsequent years. BONDS No bonds are to be sold on this proposed assessment district. The costs wi 11 be up-fronted by the City aud the assessments wi 11 be collected on the County Tax bill aIillually based on actual annual costs incurred for the maintenance and administri\tlon of the district plus interest. 3 - o o COST SUMMARY FIRST YEAR: Cost of proceedings only, estimated at (See Exhibit 3) S3,OOO.00 ================================================================================ SUBSEQUENT YEARS -- maintenance and administration annually. (See Exhibit 4) Ground Cover -- Variable width along Pepper Linden Drive, Cajon Boulevard and Easement area on the Southeasterly side of Tract No. 14503-1 dccording to plan = 30,113.7 sq. ft. at SO.35 per sq. ft. SlO, 539.60 Tur! -- A total of 22,370 sq. ft. of turf is involved in the Retention Basin area to be maintained at SO.30 per sq. ft. S 6,711.00 l~ectio~ by Park & Recreation D~tc 3 hours per week at S26.00 per hour including benefits per year S 4,056.00 Assessment_~I!S!!!.eer:ing -- including preparation of annual assessment roll, agenda items, resolutions, correspondence and transmittal to County Auditor/ Controller. 20 hours per year at S26.00 per hour including benefits S 520.00 Water and Electrical Costs 52,483.7 sq. ft. at SO.06 per sq. ft. S 3,149.02 Administrative Fee share S 68.00 TOTAL ESTIMATED COST S25,043.62 4 1 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. 1005. ROGER G. IMRDGRAVE Director of Public Works/City Engineer Filed in the office of the City Cler"k this clay of , 19 5 ..F ,\ . , , II,; "':'::- /\\ -------- \ \ ~ ~ ,.,.. .lLl~ .:~.." "~"IIIUU"QN "C..,,, \ . ~ of ?<<<{ ,. po~ I ~ \U..1l ... ~~:..." ~ '. ....-. \ I r'~ L .n(~.s , \ I. t . , .' \ . . , " - . . ~ . . 1 ;: ,"U( " " ~.."I ~ .' , i "', ." '", I . -- ,,.. -~ -Of \. ":~... '. j i '''"lOOl'1 " _~I' """"0 Ow "'GHUfIl(I ." .. V. C.INITY MAP ex~\e'T 1 It) o Q g 0. <( ~ >- I Q: .. ~p 0....1.: -' w" W o-! ~aq8 @Sl-~i Q: (.) = o.ii:..1 I- Sill CJ) z o : I- Z lIJ ~ lIJ (f) ~ ~'" .", ~",) ".~ .~" . , ~:', <~~~"" I . ' ... " , u o .,JII j 1;lr.~7 n. 5 ,id hI. . ...1 ~ r .. I: s-:, {i.i'H ~ , . f.I". I. 5 ..ja'. s! =J .: ~ "J) ... ~ i;i i ".=. ,. "'.,.11 .. .r !In'-.I . f- ..1 ~ d!ll L , . !:l .. l t 11 o c ~[ r t i : ;.'-;_.~;-;~ ". i'" :,.:.fi; \; <,~q. ,\.' ....!l" ~ II < ! "~"<:'.'I . ~0 o:E lib! z~~~tl ~ Ie i ~ ~ ~5 i ~~ , ~jl. . P; I ii Ix o 'i I ~ e 101ft . II iT-l I i ! I i I I i ~ I ~ - ViE ; . ~)cHI8IT 2 , I I jj .l.. ~ - 1991-92 AS~SMENT ROLL, A.D. 1005 0 CC30-SP?? ASSMT ASSESSORS TOTAL ASSMT NO. PRCL. NO. 1 0262-201-03 1119.82 2 0262-201-15 1088.49 3 0262-201-16 28.94 4 0262-201-05 762.73 TOTALS 2999.98 4 "EXHIBIT J" ~ - J.. II - ~ o o 1991-92 ASSESSMENT ROLL. A.D. 1005 CC30-SP?? ASSMT ASSESSORS TOTAL ASSMT NO. PRCL. NO. 1 0262-201-03 9348.24 2 0262-201-15 9086.68 3 0262-201-16 241.58 4 0262-201-05 6367.26 TOTALS 25043.76 4 .. . &~"ll'tT .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 o o RESOLUTION NO. RESOLUTION OF T1ffi CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT Pu~LIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A L~~SCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE CAJON AND PEPPER LINDEN AREA: DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1005, 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 w~AS, 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. 1005: NOW, THEREFORE, BE IT RESOLVED BY TIffi 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. 1005, the boundaries of which ar-e generally as follows: Generally bounded on the Northeast by Cajon Boulevard, on the Northwest by Pepper Linden Drive, on the Southeast by the Southeasterly line of Tract No. 14503-1 and on the South by the South line of Tract No. 14503. Reference is hereby made to the Engineer's Report on file in the 25 office of the City Clerk of said City for a map of the boundaries of said 26 district, a description of the type of improvement, an estimated cost of the 27 28 10-10-91 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 RESOLUTION OF INTENTION AD 1005 o o improvement, and a proposed assessment roll which Report and Assessment District Map are heret~ approved. SECTION 2. It is the intention of said Mayor' and Common CO\Ulci 1 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 the Easterly side of Pepper Linden Drive, the Southerly side of Cajon Boulevard, in easement areas located adjacent to and Southeasterly of the Southeasterly line of Tract No. 14503-1, the Retention Basin located in Tract No. 14503-1 and in easements granted for landscape maintenance purposes on the recorded maps of Tracts 14503 and 14503-1. The estimated cost of the first years maintenance, including incidental costs is 525,043. SECTION 3. Said contemplated work aud improvement is of more than local or ordinary public benefit, aud that said Mayor and Common Council do hereby make the expense of sllch work and improvement c:hargeable upon the district, which district is hereby declared to be the district benefited by said pr'oposed 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 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 number of single family units within the area of the boundaries of the assessment district. Reference is hereby made to said III 10-10-91 2 RESOLUTION OF INTENTION AD 1005 o o 1 Engineer's Report on file in the office of the City Clerk for a detailed 2 estimated individual assessment. 3 SECTION 5. The assessment financing alternative to be followed shall 4 be as follows, to-wit: 5 The cost of the maintenance shall be pre-f\lllded by the City and the 6 assessment levied, collected and enforced in the same manner, at the same 7 time, and with the same penalties and interest as in the case of taxes levied 8 for the City for the repayment to the City of said pre-funding. 9 The City shall recover interest on each year's pre-funding of cost of 10 maintenance of landscaping. Said interest shall be at the average rate as the 11 City is receiving on other City funds during the period of expenditure. 12 The assessment for said district shall be made and collected as 13 follows: 14 The costs of the maintenance contract and iucidentals will be 15 collected in perpetuity unless otherwise terminated by the City. 16 SECTION 6. That the City elects to proceed without Notice and Hearing 17 pursuant to Section 12.90.040C(5) of the Municipal Code as the request 18 represents 100% of the property owners liable to be assessed for the 19 maintenance. 20 SECTION 7. A copy of this resolution and a map showing the exterior 21 boundaries of the proposed improvement district with relation to the 22 territory immediately contiguous thereto and to the proposed improvement 23 will be on file with the City Clerk and will be available for inspection by 24 any person or persons interested. This map shall govern for all details as 25 to the extent of the proposed improvement district. 26 III 27 28 10-10-91 3 RESOLUTION OF INTENTION AD 1005 o o 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 2 Mayor and Common Counci 1 of the City of San Bernardino at a 4 following vote, to wit: 5 Council Members: 6 ESTRADA 7 REILLY 8 HERNANDEZ 9 MAUDSLEY 10 MINOR 11 POPE-LUDLAM 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 meeting thereof, held on the day of AYES NAYS ABSTAIN MILLER RACHEL KRASNEY City Clerk The foregoing resolution is hereby approved this . 1991. W.R. Holcomb, Mayor City of San Ber"nardino Approved as to form and legal content: .JAMES F. PENMAN, City Attorney ~-~<~ 10-10-91 4 , 1991, by the ABSENT day of