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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
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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
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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
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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.
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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.
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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.
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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
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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
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V. C.INITY MAP
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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
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"EXHIBIT J"
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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
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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
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RESOLUTION OF
INTENTION AD 1005
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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
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RESOLUTION OF
INTENTION AD 1005
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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.
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RESOLUTION OF INTENTION AD 1005
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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
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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
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, 1991, by the
ABSENT
day of