HomeMy WebLinkAboutS4- Public Works _
'.e No. 14.40-61
CN'TY OF SAN BERNiARDINO - REQUEST POR COUNCIL ACTION
From: ROGER G. HARDGRAVE, Director Subject: Resolution of Intention Amending the
scope and boundaries of Assessment
Dept: public Works/Engineering District No. 990 (Highland/Arden
Date: October 28, 1992 Security/Maintenance Assmt District)
Synopsis of Previous Council action:
08-29-89 --- Resolution No. 89-323 adopted, determining that the public convenience
and necessity require the formation of a Security Assessment District in
the Highland-Arden area and Ordering the Work to be performed.
12-02-91 --- Authorization was given to proceed with the expansion of the boundaries
of Assessment District No. 990.
Recommended motion:
ADOPT RESOLUTION
cc: Shauna Clark, City Administrator ignature
James Penman, City Attorney
Fred Wilson, Acting Finance Director
Les Fogassy 5334
Contact person: Phone:
Supporting data attached: Staff Report, Resolution ward: 7
FUNDING REQUIREMENTS: Amount: $51,123.45
Source: (Acct. No.)
251-665-53925
Acct. Description) Assessment /District 990
(To be recovered through assessments) Finance: 1" i
Council Notes:
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
On August 29, 1989, Resolution No. 89-323 was adopted, determining that the public
convenience and necessity require the formation of a Security/Maintenance Assessment
District on the Highland and Arden area. The action came as a result of the majority
of the property owners at that time, petitioning the City for the formation of the _
district, to deal with the high incidence of crime in the area.
That district has been in place now for three years. Although the area continues to
experience frequent incidence of crime, the presence of security in the area has
reduced the frequency of such occurrences.
The area South of the existing district, more specifically along 19th Street and
Sunrise Lane (formerly Roca Street), has also been subject to the same incidence of
crime. Several of the property owners in this area also desired to receive security
services, and on December 2, 1991, the Director of Public Works was authorized and
directed to proceed with expanding the existing district to include the area South of
19th Street. The time delay was due to the fact that there was not enough property
owner support at that time.
It is intended that the security to the expanded area would be handled by the same
contractor providing the existing security. The expansion of the current district to
include this area would result in a more efficient delivery of security services to
this area. The cost of the services will be paid by the city from an interfund loan
from the sewer fund, and the costs will be recovered through assessments.
The attached Resolution of Intention amends the boundaries and expands the scope of
the existing district to include the area between 19th Street and Sunrise Lane. It
also sets a public hearing for December 7, 1992. All owners within the proposed
expanded area will be sent a Notice of Hearing by mail .
URGENCY CLAUSE: Due to the increase of crime problems in this area, it is essential
the the district be put in place as soon as possible to allow the delivery of security
services to this area in a timely manner.
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October 26, 1992
File No. 14.40-61
J
ENGINEER'S REPORT
CITY OF SAN BERNARDINO
PROPOSED AMENDMENT OF ASSESSMENT DISTRICT NO.990
FOR SECURITY SERVICES AND MAINTENANCE
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CITY OF SAN BERNARDINO
ENGINEER'S REPORT
AMENDED ASSESSMENT DISTRICT NO. 990
(ZONE 2)
AMENDED ITEMS -- The amendments to Assessment District No. 990 includes the
expansion of the scope and boundaries of the existing district. Under this
amendment, Zone 1 will be created to cover the existing Assessment
District, and Zone 2 will cover the additional area and work. The
assessments currently being assessed for those parcels in Zone 1 will be
unaffected by the amendment and the remainder of this report covers only
ZONE 2.
PETITION -- This action is a City initiated action to curb the high incidence of
crime and gang activity in the area.
AUTHORIZATION TO PROCEED -- On December 2, 1991, 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. The time delay was due to the fact that
there was no property support for the district at the time.
ADVANCE OF ESTIMATED COSTS -- Since this is a City initiated action, the cost of
the proceedings will be paid for by the City but, if this district is
approved, all incidental costs will be assessed back to the district.
EASEMENTS -- The proposed security services and additional street light
maintenance will be done in the public right of way and therefore no
easements across private properties is necessary.
DESCRIPTION OF WORK AND MAINTENANCE -- The work and maintenance proposed consists
of 8 hours of security services per day and the maintenance and energy
costs for additional lighting within the alleys within the proposed
district boundaries.
PLANS AND SPECIFICATIONS --Plans and Specifications for security services and
maintenance will be prepared by the Department of Public Works.
DESCRIPTION OF BOUNDARIES -- On October 26, 1992, the boundaries of the proposed
district were determined and are delineated on the attached Proposed
Amended Boundary Map of Assessment District No. 990. The area to be
annexed to the existing district is bounded generally on the North by the
North line of the East-west alley North of 19th Street; on the South by
the South line of the East-west alley South of Sunrise Lane; on the West
by the centerline of Sterling Avenue and on the East by the East line of
McKinley Street.
E:
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 ASSESSMENT -- The proposed security service and maintenance will
benefit all parcels based upon the number of residential units existing on
each parcel in relation to the total number of residential units within
the proposed 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).
In a situation where vacant land is included within the district, the
property will be arbitrarily divided into 7,200 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 -- A contract for security services will be let 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 additional street lighting
maintenance and energy costs will be assessed based on actual costs. The
City will upfront the costs of the annual contract and maintenance costs
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, the they
will come from a interfund loan from the sewer fund.
ASSESSMENT ROLL -- Presently there are 88 parcels liable to be assessed which are
developed and constitute 352 units. There are two vacant parcels that,
according to the formula stated above, represent 21 units. When the vacant
parcels are developed, they will be assessed based on actual number of
units built on each parcel. The proposed assessment roll has been prepared
to reflect the first years estimated cost of contract services,
maintenance and administration.
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.
0
•
COST SUMMARY
ESTIMATED ANNUAL COSTS
Security services, additional street lighting maintenance and energy costs
and administration costs.
Security Services -- 8 hours per day, 365 days per year,
consisting of one security guard providing a combination
of motor and foot patrol.
$44,010.00
Additional Lighting --- Energy and maintenance costs for
additional lighting to be located within alleys within the
proposed district boundaries.
$ 3,513.45
Inspection --- Inspection is provided by the Public Works
Department. 100 hours per year @ $30.00 per hour including
benefits.
$ 3,000.00
Assessment Engineering -- including preparation
of annual assessment roll, agenda items, resolutions,
correspondence and transmittal to County Auditor/
Controller.
20 hours per year at $30.00 per hour including
benefits $ 600.00
TOTAL ESTIMATED COST $51,123.45
ENGINM'S STATEME)ff z
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 Amendment to Assessment District No.990
')R ER G.
Director of Public Works/City Engineer
Filed in the office of the City Clerk
this day of 19
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PROPOSED
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SECURITY / MAINTENANCE ASSESSMENT DISTRICT
PROPOSED ASSESSMENT ROLL - AD 990 ZONE 2
ASSESSMENT NO. ASSESSOR' S PARCEL NO. AMOUNT OF ASSESSMENT
1 0286-321-03 $ 547 . 17
2 0286-321-04 547 . 17
3 0286-321-05 547 . 17
4 0286-321-06 547 . 17
5 0286-322-03 547 . 17
6 0286-323-01 547 .17
7 0286-323-02 547 . 17
8 10286-323-03 547 . 17
9 0286-323-04 547 . 17
10 0286-323-05 547 . 17
11 0286-323-06 547 . 17
12 0286-323-07 547 . 17
13 0286-323-08 547 . 17
14 0286-323-09 547 . 17
15 0286-323-10 547 . 17
16 0286-323-11 547 . 17
17 0286-323-12 547 . 17
18 0286-323-13 547 . 17
19 0286-323-14 547 . 17
20 0286-324-01 547 . 17
21 0286-324-02 547 . 17
22 0286-324-03 547 . 17
23 0286-324-04 547 . 17
24 0286-324-05 547 . 17
25 0286-324-06 547 . 17
i 10/26/92 EXHIBIT "3" PAGE 1 OF 4
ASSESSMENT NO. ASSESSOR' S PARCEL NO. AMOUNT OF ASSESSMENT
26 0286-324-07 $ 547. 17
27 0286-324-08 547 . 17
28 0286-324-09 547 . 17
29 0286-324-10 547 . 17
30 0286-324-11 547 . 17
31 0286-324-12 547.17
32 0286-324-13 547. 17
33 0286-324-14 547 . 17
34 0286-324-15 547. 17
35 0286-324-16 547 . 17
36 0286-324-17 547 . 17
37 0286-324-18 547 . 17
38 0286-324-19 547 . 17
39 0286-324-20 547 . 17
40 0286-324-21 547 . 17
I
41 0286-324-22 547 . 17
42 0286-324-23 547 . 17
43 0286-324-24 547 . 17
I 44 0286-324-25 547 . 17
45 0286-324-26 547 . 17
46 0286-324-27 547 . 17
47 0286-325-01 547 . 17
48 0286-325-02 547 . 17
49 0286-325-03 547 . 17
50 0286-325-04 547. 17
10/26/92 EXHIBIT , "3" PAGE 2 OF 4
' t
ASSESSMENT NO. ASSESSOR' S PARCEL NO. AMOUNT OF ASSESSMENT
51 0286-325-05 $ 547 . 17
52 0286-325-06 547 . 17
53 0286-325-07 547 . 17
54 0286-325-08 547. 17
55 0286-325-09 547 . 17
56 0286-325-10 547 . 17
57 0286-325-11 547 . 17
58 0286-325-12 547 . 17
59 0286-325-13 547. 17
60 0286-341-01 547 . 17
61 0286-342-01 547. 17
62 0286-342-02 547 . 17
63 0286-342-03 547 . 17
64 0286-342-04 547 . 17
65 0286-342-05 547 . 17
66 0286-342-06 547 . 17
67 0286-342-07 547 . 17
68 0286-342-08 547 . 17
69 0286-342-09 547 . 17
70 0286-342-10 547 . 17
71 0286-342-11 547 . 17
72 0286-342-12 2 , 333 .68
73 0286-342-13 638 . 81
74 0286-343-01 547 . 17
75 0286-344-01 547 . 17
10/26/92 EXHIBIT "3" PAGE 3 OF 4
IEL-
ASSESSMENT NO. ASSESSOR' S PARCEL NO. AMOUNT OF ASSESSMENT
76 0286-344-02 $ 547. 17
77 0286-345-01 547 . 17
78 0286-345-02 547 . 17
79 0286-345-03 547 . 17
80 0286-345-04 547 . 17
81 0286-346-01 547. 17
82 0286-381-08 547 . 17
83 0286-381-09 547 . 17
84 0286-381-10 547 . 17
85 0286-381-11 547. 17
86 0286-381-12 547. 17
87 0286-381-13 547 . 17
88 0286-381-14 547 . 17
89 0286-381-15 547 . 17
90 0286-381-16 547 . 17
TOTALS 90 ASSESSMENTS $ 51 , 123 . 45
10/26/92 EXHIBIT "3" PAGE 4 OF 4
0
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING
THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF
3 ASSESSMENT DISTRICT NO. 990 LOCATED IN THE HIGHLAND-ARDEN AREA BY EXPANDING
THE SCOPE AND BOUNDARIES THEREOF TO INCLUDE ADDITIONAL SECURITY SERVICES AND
4 ADDITIONAL LIGHTING MAINTENANCE AND ENERGY COSTS FOR ADDITIONAL TERRITORY IN
THE DISTRICT; CREATING ZONE 1 TO COVER THE EXISTING BOUNDARIES AND CREATING
5 ZONE 2 TO BE ASSESSED THE COST OF SAID ADDITIONAL SECURITY SERVICES AND
MAINTENANCE; DECLARING ITS INTENTION TO PROCEED TO ORDER THE AMENDMENT AND
6 EXPANSION OF SCOPE AND BOUNDARIES OF THE DISTRICT AND SETTING A PUBLIC
HEARING.
7
8 WHEREAS, the City of San Bernardino (hereinafter called "City") as an
9 exercise of its municipal affairs powers has enacted an Assessment District
10 Ordinance (Municipal Code Chapter 12.90) to provide for the procedure for
11 the formation of assessment districts within the City; and
12 WHEREAS, pursuant to said Municipal Code Chapter 12.90, the City, by
Resolution No. 89-323, adopted August 21, 1989, created Assessment District
13
14 No. 990 for Security Services and maintenance and energy costs for
additional street lighting in the Highland-Arden area; and
15
WHEREAS. the Assessment District Boundary Map for said Assessment
16
District was recorded in the office of the County Recorder of San Bernardino
17
18 County on June 28, 1989 in Book 55 of Assessments, page 21; and
19 WHEREAS, it has now become necessary to consider amending the scope
20 and boundaries thereof by expanding same to include additional territory and
additional Security Services and maintenance and energy costs of additional
21
street lighting which additional territory will be assessed the cost and
22
expense of said additional security services and maintenance; and
23
WHEREAS, the addition of said area of security services and said
24
maintenance within the boundaries of the District is not of general benefit
25
26 to the District and the creation of Zone 1 to cover the existing boundaries
and Zone 2 to cover the additional area is necessary to assess the costs
27
therefor and will not increase the cost of assessments to the properties
28
within the existing district; and
' RESOLUTION OF T"MENTION: AMENDMENT OF THE SCOPF _TD BOUNDARIES OF ASSESSMENT
DISTRICT NO. 9_ IN THE HIGHLAND AND ARDEN ARE.
• t
1 WHEREAS, less than 100% of the owners within the area to be expanded
2 have requested the expansion of the assessment district.
3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
4 BERNARDINO AS FOLLOWS:
5 SECTION 1. That the existing district to be known as Zone 1 will not
6 be affected by this action.
7 SECTION 2. Pursuant to Section 12.90.060 of the San Bernardino
8 Municipal Code, the Mayor and Common Council of said City hereby
9 preliminarily find and determine that the public convenience and necessity
10 require, and it is the intention of the Mayor and Common Council to amend
11 the scope and boundaries of Assessment District No. 990, by expanding the
12 scope to include security services and the maintenance and energy costs of
13 additional street lighting and include additional territory and to create
14 Zone 1 to cover the existing boundaries and create Zone 2 to be assessed the
15 additional costs thereof, the boundaries of said additional area are
16 generally as follows:
17 The centerline of Sterling Avenue on the West; the East line of
18 McKinley Street on the East; the South line of of the East-west alley South
19 of Sunrise Street on the South and the North line of the East-west alley
20 North of 19th Street on the North.
21 Reference is hereby made to the Engineer's Report and map on file in
22 the office of the City Clerk of said City delineating thereon the amended
23 boundaries of said Assessment District No. 990, which Amended Assessment
24 District Map is hereby approved and to Resolution of Intention No. 89-216,
25 adopted on June 19, 1989, on file in the office of the City Clerk of said
26 City for description of the type of improvement, the assessment benefit
27 procedure to be followed, the assessment financing alternative to be
28 followed, for the method of collection of the assessment, all of which shall
RESOLUTION OF "ENTION: AMENDMENT OF THE SCOP1 1D BOUNDARIES OF ASSESSMENT
DISTRICT NO. 9��, IN THE HIGHLAND AND ARDEN AREA.
L;
1 relate to and be binding upon the amended District.
° 2 Section 3. It is the intention of the Mayor and Common Council to
3 order the amendment of scope by the expansion thereof to include such
4 additional service and maintenance.
5 The estimated cost of said additional security service and maintenance
°
6 including incidental costs to be assessed against Zone 2 is $ 51,123.45 for
7 the first year.
8 SECTION 4. Said contemplated work and improvements is of more
' 9 than local or ordinary public benefit, and that said Mayor and Common
10 Council do hereby make the expense of such a additional work and improvement
11 chargeable upon Zone 2 of the amended district, which Zone 2 is hereby
° 12 declared to be the Zone benefited by said proposed additional work and
13 improvement, and to be assessed to pay the cost and expense thereof. All
14 Public streets or alleys, or portions thereof, are hereby excepted from said
15 assessment.
16 SECTION 5. That notice is hereby given that on December 7, 1992, at
17 the hour of 10:00 a.m. , in the Council Chambers, in the City Hall of said
°
18 City, there shall be a public hearing before said Mayor and Common Council
19 for the purpose of determining whether the public convenience and necessity
20 require the amendment of the scope and boundaries of Assessment District.
°
21 990 and creating Zone 1 to cover the existing district and Zone 2 to cover
22 the additional area and additional work, without compliance with the
23 Special Assessment Investigation, Limitation and Majority Protest Act of
24 1931 and whether the Mayor and Common Council should proceed with ordering
e
25 the above described services and maintenance.
26 At said hearing, any and all persons interested may appear and show
27 cause, if any they have, why the Mayor and Common Council should not find
28 and determine that the public convenience and necessity require the
RESOLUTION OF 3NTION: AMENDMENT OF THE SCOPE BOUNDARIES OF ASSESSMENT
DISTRICT NO. 99U, IN THE HIGHLAND AND ARDEN AREA.
1 amendment of the proposed district without compliance with the Special
2 Assessment Investigation, Limitation and Majority Protest Act of 1931; on
3 the question of estimated cost, and the intention of the Mayor and Common
4 Council to proceed to order work within the district.
5 SECTION 6. At said public hearing, all persons will be heard, any
6 holder of title to taxable real property within the boundaries of the
7 proposed district may file a protest in writing with the City Clerk, not
8 later than- the hour hereinabove set for hearing, containing therein a
9 description of the property in which the signer thereof is interested
10 sufficient to identity the same, and, if the signers are not shown on the
11 last equalized assessment roll as the owners of such property, must contain
12 or be accompanied by written evidence that such signers are the owners of
13 such property. The basis for determining the existence of a majority
14 protest shall be based on the number of units involved in proportion to the
15 total number of units within the entire district, with one unit representing
16 a single family dwelling.
17 SECTION 7. The City Clerk is authorized and directed to cause a
18 copy of this resolution to be published in a newspaper of general
19 circulation published in the City, and that said Clerk shall cause a notice
20 of the adoption of this resolution to be posted and mailed as required by
21 Section 12.90.040C of the Municipal Code of the City of San Bernardino.
22 SECTION 8. A copy of this resolution and a map showing the exterior
23 boundaries of the proposed improvement district with relation to the
24 territory immediately contiguous thereto and to the proposed improvement
25 will be on file with the City Clerk and will be available for inspection by
26 any person or persons interested. This map shall govern for all details as
27 to the extent of the proposed improvement district.
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RESOLUTION OF 'ENTION: AMENDMENT OF THE SCOPI I) BOUNDARIES OF ASSESSMENT
DISTRICT NO. 99u, IN THE HIGHLAND AND ARDEN AREA.
1 1 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 meeting thereof held on the day of
4 19 by the following vote, to-wit:
5 Council Members: AYES NAYES ABSTAIN ABSENT
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
13
14 City Clerk
15
16 The foregoing resolution is hereby approved this day of
19
17
18
19 W.R. HOLCOMB, Mayor
City of San Bernardino
20
21
22
Approved as to form
23 and legal content:
24 JAMES F. PENMAN,
City Attorney
25
By:
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