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HomeMy WebLinkAbout22-Public Works File No. 14.40-94 'CITY OF SAN BEAtOADINO - REQUEST QR COUNCIL ACTION From: ROGER G. HARDGRAVE, Director Subject: Resolution Amending Res. No. 92-276 (Resolution of Intention) relative to Dept: Public WorksjEngineering AD 1007 (Pepper and Randall Landscape Maintenance Assessment District) Date: August 6, 1992 Synopsis of Previous Council action: 04-20-92 Authorization to proceed granted by motion. 07-20-92 Resolution of Intention, No. 92-276 was adopted. Recommended motion: ADOPT RESOLUTION cc: Shauna Clark, City Administrator Fred Wilson, Acting Director of Financ JllDles Penman. City Attorney LES FOGASSY 5334 Contact person: Phone: Staff Report. Reso., Engr's Rpt. Supporting data attached: Ward: 3 FUNDING REQUIREMENTS: Amount: $4,000 Cost of proceedings paid Source: (Acct. No.! Assess. Distr. 1007 (Acct. Descriotion) ~ ~ for by developer. . ~ ~ ~ ____ Finance: ~ / 251-693-53925 Council Notes: 75-0262 Agenda Item No. & CITY OF SAN BERNcaDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT This action is the result of a request of the developer of Tract No. 15315 in response to the requirement of the City to establish an assessment district for the maintenance of landscaping along portions of Pepper Avenue and Meridian Avenue. On April 4, 1992, this office was authorized to proceed with the establishment of an Assessment District and on July 20, 1992, Resolution of Intention No. 92-276 was adopted. Additional requirements have been placed on the developer by the City, more particularly, the landscaping of a 35 foot Southern California Edison easement, along Pepper Avenue. This added area will increase the costs and thus the assessments. The Amended Engineer's Report, a copy of which is attached hereto and approved by this action, reflects the new estimated assessment, which has increased from $91 per single family lot per year, to $283 per single family lot. The resolution amending Resolution No. 92-276 is attached for your action. 75.0264 a.. <( ~ ~ >- ~ 0:: o::i c:(~~ C .. C z~,: I.LJ :J ~.. eno ~ ~a:q o I- .. i a:: 0.. ui a. - "ill a::!:: I- U en C I- Z I.LJ ~ (f) (f) I.LJ (f) (f) <( ,... o Q d z Z 4 .. o Jll ~T ''',,,^,,,l:08F ' .'] r ' , ' ~'" .. , I " _', , ~ , ' I I .. I ' \ 1 i ~ I I .. \ ~ I I I I '. " ~ I IS " .. ' I I; :!: 11,l, I ' , '~i ,', ' , ," .:, ' , " ... I:. ~"I III I _ !' ~ " . , ~ I = ~"" L I ~ I ~ '..' ':' .. : , : , 0 , . :'~~:~j- , ; ! l . ~ ~ ~ O-~'4':l'II'S ~ ^ , , , I \ I .. I \ ~ I \ U I , , I; I I = I I ~ I I ~ t J , I ~ " ~ ::! ~ 'I ~ , ~ , , : ~ ) , .. I \ ~ I , 8 , I: I ; 9 " o N'T'. , I , , ....,.,.,. 17Z 0", Z>< O~~ :a ~ ~ Z!,/ j l ffi~~:l CD o.!q '4 ~::' '" 0 II '" .. .. u. 'Z '" ~ 0",8: ~ ~ >-0:: f-lf - "' .f..,'\.... z... <1:0 en ~- o ~ ~~u> .", ~.. ; . . "' ~ ~;~ lC. Q>j; i ; = ~ ... ~ :0: ~ o.:l "''''''' ~ 0 _ .. , 2 " , o o 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 92-276, ENTITLED IN PART "RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PEPPER AND RANDALL AREA" TO AMEND SECTION 1, SECTION 2 AND SECTION 4. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: Section 1, paragraph 3 of Resolution No. 92-276 is hereby amended to read as follows: "Reference is hereby made to the Amended 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 12 estimated cost of the improvement, and a proposed assessment roll which 13 Amended Report and Assessment District Map are hereby approved. " 14 SECTION 2. Section 2 of Resolution No. 92-276 is hereby amended 15 to read as follows: 16 "It is the intention of said Mayor and CODlDon Council to order 17 improvements within the district which improvements consist of, but are not 18 limited to, the maintenance of landscaping along portions of the East side 19 of Pepper Avenue and the West side of Meridian Avenue, and within certain 20 easement for landscape maintenance purposes granted to the City on Tract Map 21 No. 15315, within the boundaries of the District. 22 The estimated cost of said maintenance, including incidental costs is 23 $ 16,432 for the first year. 24 The maintenance authorized by the district also includes setback areas 25 of each parcel, which will only be maintained in the event of owner 26 neglect." 27 SECTION 3. Section 4 of Resolution No. 92-276 is hereby amended to 28 read as follows: RESOLUTION AMENDING RESOLUTION NO. 92-276, RELAYJVE TO ASSESSMENT DISTRICT NO. 1007. !......'" < Il ""-."'" 1 .. The assessment benefit procedure to be followed and the amount to be 2 assessed against each particular parcel will be a proportion of the total 3 sua of the cost of said maintenance and incidentals within the area in 4 relation to the nuaber of single family residences within the boundaries of 5 the assessment district. Reference is hereQy made to said Amended Engineer's 6 Report on file in the office of the City Clerk for a detailed estimated 7 individual assessment." 8 I I 9 I I 10 I I 11 II 12 I I 13 I I 14 II 15 I I 16 I I 17 I I 18 I I 19 I I 20 I I 21 I I 22 I I 23 I I 24 I I 25 I I 26 I I 27 I I 28 I I 08-06-92 -2- RESOLUTION AMENDING RESOLUTION NO. 92-276, RELA.'tJVE TO ASSESSMENT DISTRICT NO. 1007. (""" ~ \.,,,.,,.. 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by 2 the Mayor and Common Council of the City of San Bernardino at a 3 4 meeting thereof held on the day of , 19_____, by the following vote, to-wit: 5 Counci I Members: 6 ESTRADA 7 REILLY 8 HERNANDEZ AYES NAYES ABSTAIN ABSENT MAUDSLEY 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Approved as to form and legal content: MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this day of , 19_____ W. R. HOLCOMB, Mayor City of San Bernardino 24 JAMES F. PENMAN, 25 City ttorney 26 27 28 ? I 08-06-92 -3- o o August 6, 1992 File No. 14.40-94 AMENDED ENGINEER'S REPORT CITY OF SAN BERNARDINO pRoPOSED ASSESSMENT DISTRICT NO.1007 PEPPER AND RANDALL AREA LANDSCAPE MAINTENANCE DISTRICT '_~I.. o o CITY OF SAN BERNARDINO AMENDED ENGINEER' S REPORT ASSESSMENT DISTRICT NO. 1007 PETITION -- On April 1, 1992, this office received a petition from R.L. Construction for the establishment of an assessment district for the maintenance of landscaping for Tract No. 1~315 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 April 20, 1992, notification of this petition was presented to you 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 April 22, 1992 and pursuant to Chapter 12.94.030 of the Municipal Code, the developer was requested to deposit the estimated cost of $4,000.00 to cover the cost of the proceedings. The deposit was received on May 1, 1992 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. BA8BKENTS --Although the property is presently undeveloped. when the Tracts are recorded, certain easements for Landscape Maintenance Purposes will be granted on the Tract Maps to the City to allow the district to maintain the areas which are outside the dedicated rights of way as the district cannot function on private property. The easements also include areas of setback maintenance, as described below. DESCRIPTION OF IKPROVEKBNTS -- The improvements to be maintained include a strip of ground cover and trees on the East side of Pepper Avenue and the West side of Meridian Avenue for the entire distance within the boundaries of the district. AREAS OF SETBACK MAINTENANCE -- Areas of setback maintenance inc I ude. but are not limited to the maintenance of front and side yards within the setback area. These areas will only be maintained in the event of owner neglect and the costs for such maintenance will be assessed against each respective parcel. The setback includes the slope area adjacent to the Flood Control Channel within the District. ,- 'Amended Engineer's Repo~ AD 1007 o Page 2 PLANS AND SPBCIFICATIONS --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. ~ION OF BOUNDARIES -- On April 1. 1992, the boundaries of the proposed district were determined and are delineated on the attached Proposed Boundary Map of Assessment District No. 1007. The properties involved presently are portions of Town of Rialto and Adjoining Subdivisions. The boundaries of the proposed district are as follows: The centerline of Pepper Avenue on the West. the centerline of Meridian Avenue on the East, San Bernardino County Flood Control District property on the South and the South lines of Tracts 12775 and 6869 on the North. The boundaries also include San Bernardino County Flood Control property, which will not be assessed. 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. KETBOD 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 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 I residential unit - 1 assessment basis. KBTHOD 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. Th~ fiscal year basis is for assessment purposes as the County Tax Rolls are prepared on the same basis. The City will pay the costs of the annual contract in advance 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. Amended Engineer's Repo~ AD 1007 .'" "'-" Page 3 ASSESSKENT ROLL ---Presently there are 4 vacant parcels liable to be assessed which constitute 80 family units according to formula. When the Tract is complete, there will be 58 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 $283 each for subsequent years. BONDS -- No bonds are to be sold on this proposed assessment district. The costs will be prepaid 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. L__.____ .Amended Engineer's Repoi(:) AD 1007 o Page 4 COST SUIlMARY FDlST YEAR: Cost of proceedings only, estimated at (See Exhibit 3) $4,000.00 a....aza:=.......z....:..:=:=:........=...==..==.==_=.a==...==_===a==_=====_==== SUBSEQUENT YEARS -- maintenance and administration annually. (See Exhibit 4) Ground Cover and Trees -- 3 feet wide strip along entire length of Meridian Avenue, within the district boundary, and 8 feet wide along the entire length of Pepper Avenue, within the district boundaries. 361 lin. ft. x 8 z 2,888 sq. ft. (Pepper Ave.) 443 lin. ft. x 3 z 1,329 sq. ft. (Meridian Ave.) Edison Easement = 18,841 sq. ft. TOTAL . 23,058 sq. ft. ~ $.50 per sq. ft. $11 ,529 InsDection bY Park & Recreation Dept. 3 hours per week at $20.00 per hour including benefits per year. $ 3,120 Assessment En2ineerina -- including preparation of annual assessment roll, agenda items, resolutions, correspondence and transmittal to County Auditor/ Contro 11 er . 20 hours per year at $20.00 per hour including benefits $ 400 Water and Electrical Costs 23,058 sq. ft. at $0.06 per sq. ft. $ 1,383 TOTAL ESTIMATED COST $16,432 COSTS FOR AREAS OF SETBACK ARE NOT INCLUDED HERE AS THEY ARE ONLY REQUIRED IN THE EVENT OF OWNER NEGLECT. 1.-----.-, 'Amended Engineer's Report:; AD 1007 o Page 5 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.1007. this Filed in the office of the City Clerk day of ~-t- ,19Q:;2,. \\ D.t\\o..\ \\~\A:> !-\tV CITY CLERK ( 'to \~ ~jU1-l,", I ~'lt~ 7ft P~OSED PEPPER AND RANDALL >::>A ~DSCAPE MAINTENANCE DISTRICT ASSESSMENT NO. PROPOSED ASSESSMENT ROLL - AD 1007 (COST OF PROCEEDINGS) ASSESSOR'S PARCEL NO. AMOUNT OF ASSESSMENT 1 0142-181-17 S 1,193.23 0142-181-18 806.77 0142-181-19 0.00 0142-181-20 1,297.31 0142-181-21 702.69 0142-181-22 0.00 6 ASSESSMENTS S 4,000.00 2 3 4 5 6 TOTALS 08/06/92 EXHIBIT "3" PAGE 1 OF 1 - - P~OSED PEPPER AND RANDALL ~A ~DSCAPE MAINTENANCE DISTR~ PROPOSED ASSESSMENT ROLL - AD 1007 ASSESSMENT NO. ASSESSOR'S PARCEL NO. AMOUNT OF ASSESSMENT 08/06/92 1 0142-181-17 2 0142-181-18 3 0142-181-19 4 0142-181-20 5 0142-161-21 6 0142-181-22 TOTALS 6 ASSESSMENTS EXHIBIT "4" S 5,244.90 3,546.22 0.00 5,702.40 3,068.72 0.00 $ 17,562.24 ~.v ~" -'./._~\ ~ , '.....r.. .'" PAGE I OF 1