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HomeMy WebLinkAbout21- Public Works File No. 14 . 04-108 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From : ROGER G. HARDGRAVE, Director Subject: Resolution of Intention --- Northpark and Mountain Area Landscape Maintenance Dept : Public Works / Engineering Assessment District (AD 1019) Date : August 27, 1996 ORNMI Synopsis of Previous Council Action: woof wwwr MV r 04-15-96 --Authorization was granted to proceed with the formation of a landscape maintenance assessment district in the Northpark and Mountain area (AD 1019). AUG 28 F96 PM 2:32 Recommended Motion Adopt Resolution cc: Shauna Clark, City Administrator Barbara Pachon, Dir. of Finance Jim Penman, City Attorney Signature Contact person: Les Fogassy Phone: 5026 Supporting data attached: Staff Report, Engineer's Report, Resolution Ward: 5 FUNDING REQUIREMENTS: Amount: $4,000 (Deposit by Subdivider) Source: (Acct. No.) 254-000-4076-6004 (Acct. Description) Assessment District No. 1019 Finance: Council Notes: 9 lb (09-16-96) Agenda Item No. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT A petition was received by this office from the developer of Tract No. 14448, representing the property owner, requesting the formation of an assessment district for the maintenance of landscaping along portions of Northpark Boulevard, Mountain Drive, Hill Drive and "H" Street within the boundaries of Tract No. 14448. This petition is the result of the Condition of Approval for Tract No. 14448, to establish a landscape maintenance assessment district. The signatures on the petition have been checked and represent 100% of the owners owning property within the proposed assessment dostrict. The developer has deposited $4,000 to cover the cost of the proceedings. Any amounts remaining will be refunded to the developer at the end of the proceedings. An Engineer's Report has been prepared, which sets forth the details of the proposed district, including the first year's estimated cost and an assessment roll showing the amount to be assessed against each parcel. The estimated amount of all costs, including incidental and administrative costs is $18, 647.44. This calculates to about $190 per residential unit per year. A copy of the Engineer's Report is attached for reference. All potential home buyers will be given a disclosure form by the developer indicating the assessment amount and the purpose of the assessment district. The existence of an assessment district will also appear on the preliminary title report, so potential buyers will have full knowledge of the extistence of the assessment prior to closing of escrow. The attached Resolution of Intention declares the City's intention to form the assessment district and also preliminarily approves the Engineer's Report and the Boundary Map of the district. It sets for a at which time the asses co . We recommend that the resolution be approved. ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1019 (Northpark and Mountain Area Landscape Maintenance Assessment District) in the CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA AR tt w ; ED File No. 14.40-108 CITY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS Prepared August 27, 1996 I FILED in the office of the City Clerk of the City of San Bernardino on the day of 19 CITY CLERK City of San Bernardino PRELIMINARY approval by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino, State of California on the day of . 19 CITY CLERK City of San Bernardino FINAL approval by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino, State of California on the day of , 19 CITY CLERK City of San Bernardino I HEREBY CERTIFY that the foregoing assessment, together with the Diagram of Assessment District No.1019, was approved and confirmed by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino, State of California on the day of 19 CITY CLERK City of San Bernardino CITY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS / ENGINEERING ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1019 (Northpark & Mountain Area Landscape Maintenance Assessment District) PETITION -- On March 4, 1996, a petition was received from a developer representing property within the proposed assessment district for the establishment of an assessment district for the maintenance of landscaping along portions of Northpark Boulevard,Mountain Drive,Hill Drive and "H" Street. . The signatures on the petition represent 100% of the property owners of the parcels within the proposed boundaries of the district. This petition was the result of a requirement placed upon the developer of Tract No. 14448 by the City to relieve the City from having to maintain the areas of landscaping. AUTHORIZATION -- On April 15, 1996, by action of the Mayor and Common Council of the City of San Bernardino, the City Engineer and City Clerk were authorized to initiate proceedings for the formation of Assessment District No. 1019 (Northpark and Mountain Area Landscape Maintenance Assessment District) pursuant to the provisions of San Bernardino City Municipal Code Chapter 12.90 and this Report has been prepared and is hereby submitted pursuant to said provisions and in accordance with Resolution of Intention Me). adopted by the Mayor and Common Council of the City of San Bernardino on the day , 19 ADVANCE OF ESTIMATED COSTS OF PROCEEDINGS-- On May 24, 1996, pursuant to Section 12.94.030 of the Municipal Code, the developer deposited $4,000 with the City to cover the estimated cost of proceedings. At the conclusion of the proceedings and after confirmation of all costs, any amounts remaining will be returned to the developer. If 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. EASEMENTS-- Portions of the landscaping to be maintained are within the dedicated right of way, and portions are within easements granted to the City for landscape maintenance purposes either on the Map of Tract No. 14448, or have been, or will be granted by separate document prior to the commencement of any work to be performed as described herein and no maintenance will be carried out on private property. DESCRIPTION OFIMPROVEMENTS-- The improvements to be maintained include landscaping and all appurtenances along portions of the South side of Northpark Boulevard, the East side of Mountain Drive, the North side of Hill Drive, and the West side of "H" Street, all within Tract No. 14448. Rear yard slopes within lots 86 through 98 of said Tract, inclusive, have been dedicated to the City for landscape maintenance also. These areas are to be maintained by the homeowners but may be maintained by the City in the event of homeowner neglect. In the event that the City must maintain the homeowner areas, the "ial costs of maintenance will be assessed to the respective properties. Homeowners will be given a notice ag them 30 days to cure deficiencies prior to the City assuming maintenance. Release of maintenance of the homeowner area back to the property owner will be done at the sole discretion of the City and only upon satisfactory evidence to the City, that said property owner will have the capacity and willingness to continue said 2 ntenance. Neglect shall include improper irrigation; lack of proper weed or pest control or any other v.,nditions resulting in landscaping not being maintained to the minimum standards as established for the Assessment District as stated in the most current revision of the specifications on file at that time in the office of the Director of Public Works/City Engineer. PLANSAND SPECIFICATIONS--Plans and Specifications for the landscaping have been prepared by the developer according to the standards of the City and have been approved by the City DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the Assessment Boundary Map of Assessment District No. 1019 and are generally described as follows: The centerline of Northpark Boulevard on the North, the centerline of Mountain Drive on the West, the centerline of "H" Street and the East line of Tract No. 14448 on the East and the centerline of Hill Drive and the Southerly line of Tract No. 14448 on the South. VICINITY MAP -- A vicinity map showing the general location of the proposed Assessment District is attached as Exhibit 1. DISTRICT BOUNDARY M"--A District Boundary Map has been prepared and is on file in the office of the City Clerk. A reduced copy of the District Boundary Map is attached as Exhibit 2. DISTRICT DIAGRAM --A Diagram of the Assessment District will be prepared and filed with the City erk after preliminary approval of this Report and will be filed with County Recorder and recorded in the ,ce of the Director of Public Works after final approval of this Report, Confirmation of the Assessment Roll and Resolution Ordering Work. NOTICE OFEXEMPTION--a"Notice of Exemption"declaring a Categorical Exemption was prepared and filed with the Clerk of the Board of Supervisors of San Bernardino County on 08/27/96. No further environmental proceedings are necessary. A copy of the Notice of Exemption is attached as Exhibit 3. METHOD OFASSESSMENT--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 residential units that utilize the landscaped areas either as ingress and egress or by actual physical use of the land as in the cases of large 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. Thus, each residential unit, be it a single family lot, a condominium or an apartment will be assessed an equal share in the cost of maintenance (1 residential unit - 1 assessment). In the event that vacant land is included within the district, the property will be arbitrarily divided into single family lots, the size of each lot being determined by minimum permitted lot size according to the land use designation shown on the City's General Plan Map, minus 25% of the area for anticipated future streets and will be assessed 1 assessment unit for each single family lot calculated. The lot sized used for determining the assessment amount will remain until the property actually develops. When the property actually subdivides, it will be assessed on the 1 residential unit - 1 assessment basis. If vacant land develops in the future other than residential, this method of determining the assessment amount for vacant land shall apply. Publicly owned lands and rights of way are not subject to assessments and these parcels will show as assessed on the Diagram Map and the Assessment Roll. METHOD OF FINANCING-- The estimated cost of the first year's maintenance, as set forth in Table shall be assessed against the properties involved within the current fiscal year or the fiscal year following the establishment of the district. Depending upon when the costs are assessed and when the actual maintenance is assumed by the City, this assessed amount can be used as a source of pre-funding the first year's maintenance contract and incidental costs. Once the City has assumed the responsibility for the maintenance, the properties may be assessed in advance each year thereafter to establish a source of pre-funding each year's costs, or may be assessed for the actual contract and incidental costs plus interest. Interest will be included in the assessment costs for any amounts or portions not pre-funded through previous assessments. If there is a surplus from the estimated assessment in the event costs are pre-funded through previous assessments, any such surplus shall be applied as a credit to the following year's assessment or placed in a reserve fund to cover future increases until such reserves are depleted. The assessment, whether pre-funded or not, shall be levied, collected and enforced in the same manner, at the same time, and with the same penalties and interest as in the case of taxes levied for property taxes. No Bonds will be sold relative to this Assessment District. ASSESSMENT SPREAD -- The amount of each Assessment Unit is determined by dividing the total maintenance costs, including all incidentals, by the total number of assessment units, as determined by the above Method of Assessment. Each parcel in the district is then assessed based upon the total number of Assessment Units calculated for that parcel. ASSESSMENT ROLL -- Presently there are 98 single family parcels within Tract No. 14448, with each parcel representing 1 assessment unit as described under Method of Assessment, . and assessment are spread -, .ordingly. The 98 parcels represents a total build-out of the subdivision, and future parcel splits or additions not anticipated. The first year's assessment roll has been prepared is shown as Exhibit 4. FUTURE APPORTIONMENTS-- In the event that the assessment units, as determined under Method of Assessment, change for any parcel(s) during the term of the Assessment District, the assessment amount for that parcel(s) will change accordingly. Any Increases based solely on change in parcel size, land use or density, which would result in an increase of assessment units, will not be subject to a public hearing as long as the formula for determining the assessments as described is applied. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, such reapportionments do not require the recording of an amended Diagram Map. FUTURE INCREASES -- Due to the nature of landscape maintenance, it is anticipated that there will be future increases in assessments as contract, labor, water and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a percentage equal to the increase in the Consumer Price Index for all Urban Consumers in the Los Angeles-Orange County-Inland Empire area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year. 4 TABLE 1 ESTIMATED FIRST YEAR'S COST SUMMARY Assessment District No. 1019 (Northpark and Mountain Landscape Maintenance Assessment District) Description of Cost Quantity Unit Cost/Unit Annual Cost Maintenance of Turf/irrigation. 0 sq.ft. .25 /sq.ft. $ 0.00 Maintenance of Groundcover /shrubs /irrigation 29,290 sq.ft. .25 /sq.ft. $ 7,322.50 Maintenance of Trees /irrigation 1 L.S. 500.00 $ 500.00 Water and Energy Costs 29,290 sq.ft. .10 /sq.ft $ 2,929.00 Weekly Inspection (labor, overhead) 104 hours 25 /hr $ 2,600.00 Annual Assmt. Engineering (labor+overhead) 20 hours 30 /hr $ 600.00 Contract Administration (labor+overhead) 78 hours 22 /hr $ 1,716.00 cidentals (materials, supplies) 1 L.S. 1043.00 $ 1,043.00 Outside Department Services (labor+overhead) 98 parcels 9 /parcel $ 882.00 Subtotal $ 17,592.50 Estimated Interest for non-prefunded amounts * 6 Percent $ 1,055.55 Adjustment (Rounding for Assessment Roll) $ -0.61 TOTAL FIRST YEAR'S ESTIMATED COST $ 18,647.44 Estimate based on full years interest. Interest charged only on portions that are not pre-funded y the prior years assessments as stated above. Rate varies based on City's average earnings as stated above. ASSESSMENT CALCULATION -- Applying the Method of Assessment and Assessment Spread described above, the following formula is used to determine the assessment amount per Assessment Unit: Total Costs - Total Assessment Units=Cost per Assessment Unit thus 18,647.44 _ 98 = $190.28 per Assessment Unit 5 ENGINEER'S STATEMENT This Report, together with the Assessment District Boundary Map and Proposed Assessment Roll (Exhibit "3") has been prepared and is being filed pursuant to and in compliance with Chapter 12.90 of the San Bernardino Municipal Code for the establishment of Assessment District No.1019. Date ROGER G. HARDGRAVE Director of Public Works/City Engineer 6 List of Exhibits 1. Vicinity Map..................................................... Exhibit "1" 2. Reduced copy of Boundary Map....................... Exhibit "2" 3. Copy of "Notice of Exemption"......................... Exhibit "Y' 4. Proposed Assessment Roll (FY 1997/98)........... Exhibit "4" 7 • r (3 1 n � 1 f arm < ` r R1 f M1 L Al 1 � I I I < < J f i 6 f� I K.T.S. ` C CITY OF SAN BERNARDINO PROPOSED ASSESSMENT DISTRICT NO. 1019 (Northpark and Mountain Area Landscape Maintenance Assessment District) EXHIBIT 111" A ]BOUNDARY ASSESSMENT DISTRICT NO. 1019 NO T12ARK & MO V l8 CJLL DR. S < A LANDSCAPE MA NTEr"CE ASSESSMENT DISTECT fff&c Crff OF SAN WMARDIIQO COL Nff OF SAN BERNARD M SIAM OF CALWOAIIA ---ME& Alp M �• " r r r r s ■ r s r � G7�■ra ■ s r r � e r w r a C*Gko _ r s s • r • ilrb`lb4�lbgA�>y■�ir r r w r �T�r��trsr/ I a s r • a • ■ a ■ s >r jai n a ■ zworamK - � qro� � r r s ■ � • Is • l■ r r r r r � a a � • i.si�+lW APPRWm 19�. amI r,nas v�cn t�TH CITY OF SAN BERNARDINO DRAVING DEPARTMENT OF PUBLIC WORKS NO. D"VM I AM 11-2? NMTHPABY&WOMMAW AYBA 9553 LAPIDBCAM0 hLAWMANM ASSESSNMNT nISI7= EXHIBIT 112" CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT NOTICE OF EXEMPTION **Iva J FROM: TO: OFFICE OF PLANNlt4G AND RESEARCH 1400 TENTH STREET,ROOM 121 CITY OF SAN BERNARDINO. PLANNING SACRAMENTO,CA 95814 AND BUILDING SERVICES DEPARTMENT 300'D'STREET X COUNTY CLERK SAN BERNARDINO,CA 92418 COUNTY OF SAN BERNARDINO 385 NORTH ARROWHEAD AVENUE SAN BERNARDINO,CA 92415 projectTme: Northpark & Mountain Area Landscape Maintenance Assessment District Project Location-Specific: Tract 14448- Southeast corner of Northpark Blvd. & Mountain Dr Project Location-City: San Bernardino Project Location-County: San Bernardino DescrlptionofProject: SRMC 12 qn Accaccmpnt nictrirt to finanra to maintF,nanra of lanrlcraning_ Name of Public Agency Approving Project: City of San Bernardino Name of Person or Agency Carrying Out Project: City of San Bernardino Exempt Status: (check one) O Ministerial (Sec.21080(b)(1); 15268); r— G Declared Emergency(Sec. 21080(b)(3); 15269(a)); Class 1 15301(0) c 0 Emergency Project(Sec.21080(b)(4); 15269(b)(c)); M Categorical Exemption.State type and section number: Res. 90-217 Sec. B2c C Statutory Exemptions.State code number: Reasons why project is exempt: Formation of Assessment District to provide for financing of maintenance. Lead Agency Contact Person: Les Foga s sy Area Code/Telephone/Extension: (909) 384-5111 K filed by applicant: 1. Attach certified document of exemption finding. 2. Has of e emption been filed by the public agency approving the project? O Yes O No Signature: Date: 8/27/96 Trtie: Real Prop Official Signed by Lead Agency 0 Signed by Applicant Date received for filing at OPR: -- ... :+...o.c PLAN-iaM6 PAGE I OF 1 rSx� Exhibit "3" u CITY OF SAN BERNARDINO 1997-98 ASSESSMENT ROLL AD 1019 ( ESTIMATED FIRST YEAR'S .MAINTENANCE ) ASSMT ASSESSORS ASSESSMENT NO. PARCEL NO. AMOUNT ---- ----------- ---------- 1 0154-761-01 190 .28 2 0154-761-02 190 .28 3 0154-761-03 190 .28 4 0154-761-04 190 .28 5 0154-761-05 190 .28 6 0154-761-06 190 .28 7 0154-761-07 190 .28 8 0154-761-08 190 .28 9 0154-761-09 190 . 28 10 0154-761-10 190 .28 11 0154-761-11 190 .28 12 0154-761-12 190 .28 13 0154-761-13 190 .28 14 0154-761-14 190 .28 15 0154-761-15 190 .28 16 0154-761-16 190 .28 17 0154-761-17 190 .28 18 0154-761-18 190 . 28 19 0154-761-19 190 . 28 20 0154-761-20 190 . 28 21 0154-761-21 190 . 28 22 0154-761-22 190 .28 23 0154-761-23 190 . 28 24 0154-761-24 190 .28 25 0154-761-25 190 . 28 26 0154-761-26 190 . 28 27 0154-761-27 190 . 28 28 0154-761-28 190 .28 29 0154-761-29 190 . 28 30 0154-761-30 190 .28 31 0154-761-31 190 . 28 32 0154-761-32 190 . 28 33 0154-761-33 190 . 28 34 0154-761-34 190 .28 35 0154-761-35 190 . 28 36 0154-761-36 190 .28 37 0154-761-37 190 . 28 38 0154-761-38 190 . 28 39 0154-761-39 190 . 28 40 0154-761-40 190 .28 41 0154-761-41 190 . 28 42 0154-761-42 190 . 28 EXHIBIT 114" Page 1 CITY OF SAN BERNARDINO 1997-98 ASSESSMENT ROLL AD 1019 ( ESTIMATED FIRST YEAR' S MAINTENANCE ) 43 0154-761-43 190 . 28 44 0154-761-44 190 .28 45 0154-761-45 190 .28 46 0154-761-46 190 .28 47 0154-761-47 190 .28 48 0154-761-48 190 . 28 49 0154-761-49 190 .28 50 0154-761-50 190 .28 51 0154-761-51 190 .28 52 0154-761-52 190 .28 53 0154-761-53 190 .28 54 0154-761-54 190 .28 55 0154-761-55 190 .28 56 0154-761-56 190 .28 57 0154-761-57 190 . 28 58 0154-761-58 190 .28 59 0154-761-59 190 .28 60 0154-761-60 190 .28 61 0154-761-61 190 .28 62 0154-761-62 190 .28 63 0154-761-63 190 . 28 64 0154-761-64 190 .28 65 0154-761-65 190 .28 66 0154-761-66 190 . 28 67 0154-761-67 190 . 28 68 0154-761-68 190 .28 69 0154-761-69 190 .28 70 0154-761-70 190 . 28 71 0154-761-71 190 .28 72 0154-761-72 190 . 28 73 0154-761-73 190 . 28 74 0154-761-74 190 .28 75 0154-761-75 190 .28 76 0154-761-76 190 .28 77 0154-761-77 190 .28 78 0154-761-78 190 .28 79 0154-761-79 190 . 28 80 0154-761-80 190 .28 81 0154-761-81 190 . 28 82 0154-761-82 190 . 28 83 0154-761-83 190 .28 84 0154-761-84 190 . 28 85 0154-761-85 190 . 28 86 0154-771-01 190 . 28 87 0154-771-02 190 . 28 88 0154-771-03 190 . 28 EXHIBIT 114" Page 2 CITY OF SAN BERNARDINO 1997-98 ASSESSMENT ROLL AD 1019 ( ESTIMATED FIRST YEAR'S MAINTENANCE ) 89 0154-771-04 190 .28 90 0154-771-05 190 .28 91 0154-771-06 190 .28 92 0154-771-07 190 .28 93 0154-771-08 190 .28 94 0154-771-09 190 . 28 95 0154-771-10 190 .28 96 0154-771-11 190 .28 97 0154-771-12 190 . 28 98 0154-771-13 190 .28 TOTALS : 98 PARCELS 18, 647 .44 EXHIBIT "4" Page 3