HomeMy WebLinkAboutS05-Public Works
ICITY or: st:\~fl.OERI:-l!A.R[\)B!:'~o - ~!sQUrzST FOrP1 COUNCBl ACTnOt'J
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)ate:
ROGER G. HARDGRAVE, Di rector Subjcct:
Public Works/Engineering
February 18, 1985
Resolution of Intention: Cable
Creek Area Lndscp. flaint. Distr
From:
Dept:
File No. 14,40-41
ynopsis of Previous Council action:
11-4-85
--- Authorization to proceed granted by motion.
Recommended motion:
Adopt the Resolution.
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Signature
Contact person:
Verne Nadeau
Phone:
383-5026
Supporting data attached:
Yes
Ward:
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Proc~~_1iP~Costs onlv.
Finance:
A c c t. No. 2 5J..::.fiA 3 - 4 1 OA..3_
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FUNDING REQUIREMENTS:
Amount: $3.000.00
Source:
Council Notes:
, ~01li2
Agcnda Itcm No.
5-~
C1T-.or' SAt.. BERNARDa~ - [1;~QU~T fOR COUNCn. ACWON
STAFF REPORT
This action is the result of a request of the developers of tile
Cable Creek in response to the requirement of the city to
establish an assessment district for the maintenance of
landscaping along the frontage road Northwesterly of Little
League Drive and the interior "open space" areas.
The purpose of the action is to preliminarily determine that the
public convenience and necessity require the formation of a
landscaping maintenance district; declaring the intention to
p,roceed to order work within the district to be known as the
'Cable Creek Area Landscaping Maintenance District".
Please note in the Engineer's Report under "ASSESSMENT ROLL" that
the a v era g e co s t tot h e eve n t u a 1 h 0 m eo ,i! ner will be $ 3 2 5.00 per
year. The reason for the high cost is the maintenance of the
interior "open space" areas which total approximately 17.17
acres. This maintenance, if not done by the district, would be
done under a Homeowners Association and the cost therefor would
be passed on the homeowner anyway. To maintain the level of
maintenance required, we recommend that the district maintain.
That way we, the City, can control the quality of maintenance.
A copy of the Engineer's Report is attached herewith for your
convenience.
URGENCY ClAUSE
The Assessment District must be established before the development
can proceed.
75.0264
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February 18, 1985
File No. 14.40-41
ENGINEER'S REPORT
CITY OF SAN BERNARDINO
PROPOSED ASSESSMENT DISTRICT NO.970
CABLE CREEK AREA LANDSCAPING MAINTENANCE DISTRICT
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CITY OF SAN nERNARDINO
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 970
PETITION ~- On October 9, 1985, this office received a petition from CAMPEAU
Corporation California for the establishment of an assessment district
for the maintenance of landscaping for Tentative Tracts No. 12755 and
13172 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 Department of Parks and Recreation from having to maintain
the areas.
AUTHORIZATION TO PROCEED -- On November 4, 1985, 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 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 November 15, 1985 and pursuant to Chapter
12.94.030 of the r'lunicipal 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 November 19, 1985 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.
EASEMENTS -- Although the property is presently undeveloped, when the Tracts are
recorded, certain easements for Park Purposes will be granted on the
Tract rlaps 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. These areas constitute the "open space"
areas within the Tracts and a 12 foot strip along the Frontage Road.
DESCRIPTION OF IHPROVnlENTS -- The improvements to be maintained include a
strip of ground cover on the North side of the Frontage Road for the
entire distance within the boundaries of the district together with the
maintenance of the required "open space" areas within the Tracts. The
open space areas will be grass turf and some will include Tot Lot
equipment which ~/ill also be maintained by the district.
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P~ANS 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 bi.lled directly to
the assessment district for inclusion into the annual assessment rolls
after a one year plant quarantee period by the developer.
DESCRIPTION OF BOUNDARIES -- On October 15, 1985, the boundaries of the proposed
district were determined and are delineated on the attached Proposed
Boundary ~lap of Assessment District No. 970. The property involved
presently are portions of Irvington Land and \later Company Subdivision,
the Rancho Muscupiabe, Meyers and Barclay Subdivision and Meyers and
Barclay Re-Sub and encumpasses all those properties which front on the
Frontage Road North of and adjacent to Interstate Highway 215 and
extending from Little League Drive, Northwesterly for approximately
5850 feet.
The boundaries also include the Pet Cemetery which,
within the boundaries of the district, will not be
time,
although included
assessed at this
VICINITY MAP -- The vicinity map is attached as Exhibit 1.
DISTRICT BOUNDARY MAP -- A reduced copy of the District Boundary t1ap is attached
as Exhibit 2.
METHOD 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
condomi ni um or an appartment will be assessed an equal share in the
cost of maintenance (1 residential unit - 1 assessment). Under a
cituation where vacant land is included within the district, the
property will be arbitrarily divided into 7,200 square f.oot lots minus
251 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.
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METHOD OF FINANCING -- When the landscaping is actually in place and has been
maintained in good order by the developer for tile one (1) yea." 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 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 17 vacant parcels liable to be assessed
which constitute 457 family units according to formula. Uhen both
Tracts are complete, there will be 568 assessments. The proposed
assesssment 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 $325.00 each for subsequent years for the total area or
$33.00 per year each for the Frontage road only. (See Cost Summary)
If the District did not maintain the "open space" areas, then they
would be placed under the jurisdiction of a Home Owners Association
which would maintain and the costs would be relatively the same and
would still be charged to the individual property owner.
BONDS -- No bonds are to be sold on this proposed assessment district. The
costs \~ill be up-fronted by the City and the assessments ~lill be
collected on the County Tax bill annually based on actual annual costs
incurred for the maintenance and administration of the district.
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COST SUt1t1ARY
FIRST YEAR:
Cost of proceedings only, estimated at
(See Exhibit 3)
$3,000.00
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SUBSEQUENT YEARS -- maintenanco and administration annually. (Total Areal
(See Exhibit 4)
Ground. Cover -- 12 feet wide along entire length
of frontage road Vlithin the district boundary.
6,350 lin. ft. X 12 = 75,200 sq. ft.
at $0.15 per sq. ft.
$11,430.00
Turf -- A total of 748,228 sq. ft. of turf
is involved in the "open space" areas to be main-
tained which includes maintenance of the Tot Lot
equipment.
748,228 sq. ft at $0.15 per sq. ft.
$119,715.00
Inspection by Park! Recreation Dept.
4 hours per Vleek at $20.00 per hour including
benefits per year
$4,150.00
Assessment Engineering -- 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
$ 400.00
Water and Electrical Costs
824,42SSq. ft. at $0.05 per sq. ft.
$49,465.00
TOTAL ESTIMATED COST
$185,171.00
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SUBSEQUENT YEARS -- maintonance and admfnistratfon annually. (Frontage Rd. Only)
(See Exhibit 5)
Ground Cover -- 12 feet wide along entire length
of frontage road within the district boundary.
6,350 lin. ft. X 12 = 76,200 sq. ft.
$11,430.00
Inspection by Park & Recreation Dept.
2 hours per week aCS20.00 per hour i ncl udi ng
benefits per year
$ 2,080.00
Assessment Engineering -- including preparation
of annual assessment roll, agenda items, resolution,
correspondence and transmittal to County Auditor/
Controller.
20 hours per year at $20.00 per hour including
benefits
$ 400.00
Water and Electrical Costs
76,200-sq. ft. at $0.06 per sq. ft.
$ 4,572.00
TOTAL ESTIMATED COST
$18,482.00
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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 Assessmen~iDistrict to be known as Assessment
Di stri ct No. 970
()wc ~
ROGER G. HARDGRAVE
Director of Public Works/City Engineer
Filed in the office of
thi s /7'1/ day of
the City Clerk
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1986-87 PROPOSED ASSESSr.1ENT ROLL. ASSESS. DISTR..970
ASS~~ ASSESSORS TOTAL ASSMT
110. PRCL. NO.
01 0261-171-05 .144.42
02 0251-171-01 0.00
03 0261-121-07 183.80
04 0251-121-05 203.50
05 0251-121-05 308.53
06 0251-121-04 308.53
07 0251-121-03 347.92
08 0251-121-02 407.00
09 0261-121-01 315.09
10 0251-111-23 26.25
11 0261-111-29 26.25
12 0251-111-37 19.59
13 0251-111-25 347.92
14 0261-111-35 13.12
15 0261-111-30 32.82
16 0251-111-33 85.33
17 0261-111-40 13.12
18 0261-111-21 216.53
TOTALS
2999.92
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SUBSEQUENT YEARS ASSESSMENT ROLL, ASSESS. DISTR. 970
(Total Area)
SS:H ASSESSORS TOTAL ASSNT
1:0. PRCL. NO.
1 0261-171-06 8914.14
2 0251-171-01 0.00
3 0261-121-07 11345.25
4 0251-121-05 12550.83
5 0251-121-05 19043.84
6 0251-121-04 19043.84
07 0261-121-03 21474.g1
08 0261-121-02 25121. 55
09 0261-121-01 19449.03
10 0261-111-23 1620.75
11 0251-111-29 1620.75
12 0251-111-37 1215.56
13 0251-111-25 21474.97
14 0261-111-35 810.37
15 0251-111-30 2025.94
16 0251-111-33 5257.44
17 0251-111-40 810.37
18 0261-111-21 13371. 21
TOTALS
185170.93
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SUBSEQUENT YEARS ASSESSMENT ROLL, ASSESS. DISTR. 970
(Frontage Rd. Only)
ASSilT ASSESSORS TOTAL ASSMT
110. PRCL. NO.
01 0261-171-05 889.72
02 0251-171-01 0.00
03 0261-121-07 1132.37
04 0251-121-05 .f 1253.70
05 0251-121-05 1900.77
06 0251-121-04 1900.77
07 0251-121-03 2143.42
08 0261-121-02 2507.40
09 0261-121-01 1941.21
10 0251-111-23 161. 76
11 0261-111-29 151. 75
112 0261-111-37 121. 32
13 0251-111-25 2143.42
14 0261-111-35 80.88
15 0251-111-30 202.21
16 0261-111-33 525.74
17 0261-111-40 80.88
18 0261-111-21 1334.58
TOTALS
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RESOLUTION NO
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
FORMATION OF A LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT;
DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE
DISTRICT, TO BE KNOWN AS "ASSESSMENT DISTRICT NO. 970"; AND
SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF
A PUBLIC 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
9 12.90) to provide for the procedure for the formation of
10 assessment districts within the City; and
11 WHEREAS, it has now become necessary to consider the
12 formation of a landscaping maintenance assessment district within
13 the City, to be known as "Assessment District No. 970"; and
14 WHEREAS, as a further exercise of the powers vested in the
15 City by virtue of Section 19, Article XVI, California
16 Constitution, the City intends to conduct a hearing and hear
17 protests, if any, as to why the district should not be formed and
18 the acquisitions and improvements completed, without compliance
19 with the Special Assessment Investigation, Limitation and
20 Majority Protest Act of 1931;
21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
22 COUNCIL OF THE CITY OF SAN BERNARDINO THAT:
23 SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino
24 Municipal Code, the Mayor and Common Council of said City, hereby
25 preliminarily find and determine that the public convenience and
26 necessity require, and it is the intention of the Mayor and
27 Common Council to form Assessment District No. 970, the
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boundaries of which a~e generally, as follows: Those portions of
Irvington Land and Water Company Subdivision, Rancho Muscupiabe,
Meyers and Barclay Subdivision and Meyers and Barclay Re-Sub and
encompasses all those properties which front on the Frontage Road
North of and adjacent to Interstate Highway 215 and extending
from Little League Drive, Northwesterly for approximately 5850
feet.
Reference is hereby made to the 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 estimated cost of the improvements and a proposed
assessment roll which Report and Assessment District Map are
hereby approved.
SECTION 2. It is the intention of said Mayor and Common
Council to order improvements within the district which
improvements consist of, but are not limited to, the maintenance
of landscaping on the North side of the Frontage Road for the
entire distance within the boundaries of the district together
with the maintenance of the Ropen spaceR areas and related Tot
Lot play equipment lying within Tentative Tracts No. 12756 and
13172 and the administration thereof.
The estimated cost of maintenance, including incidental
costs, is $185,171.00 per year and the cost of the first year is
estimated at $3,000.00 which sum has already been advanced by the
developers; any first years costs in excess of $3,000.00 may be
charged as the first year's assessment.
SECTION 3. Said contemplated work and improvements are of
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more than local or ordinary public benefit, and that said Mayor
and Common Council do hereby make the expense of such work and
improvement chargeable upon the district benefited by said
proposed 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 administration within the area in relation to the area of
each parcel of land therein as they relate to a single family
residential unit. Reference is hereby.made to said Engineer's
Report on file in the office of the City Clerk for a detailed
estimated individual assessment.
SECTION 5. The assessment financing alternative to be
16 followed shall be as follows, to wit:
17 The costs shall be pre-funded by the City and the assessment
18 levied, collected and enforced in the same manner, at the same
19 time, and with the same penalties and interest as in the case of
20 taxes levied for the City for the repayment to the City of said
21 pre-funding.
22 The assessment for said district shall be made and collected
23 as follows: The costs of the annual maintenance contract and
24 administration thereof, will be collected in perpetuity unless
25 otherwise terminated by the City.
26 SECTION 6. That notice is hereby given that on April 7,
27 1986, at the hour of 9:00 a.m., in the Council Chambers, in the
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1 City Hall of said C1ty, there shall be a public hearing before
2 said Mayor and Common Council for the purpose of determining
3 whether the public convenience and necessity require the
4 formation of the proposed improvement district without compliance
5 with the Special Assessment Investigation, Limitation and
6 Majority Protest Act of 1931 and whether the Mayor and Common
7 Council should proceed with ordering the above described
8 maintenance and administration.
9 At said hearing, any and all persons interested may appear
10 and show cause, if any they have, why the Mayor and Common
11 Council should not find and determine that the public convenience
12 and necessity require the formation of the proposed district
13 without compliance with the Special Assessment Investigation,
14 Limitation and Majority Protest Act of 1931; on the question of
15 estimated cost, and the intention of the Mayor and Common Council
16 to proceed to order work within the district.
17 SECTION 7. At said public hearing, all persons will be
18 heard, any holder of title to taxable real property within the
19 boundaries of the proposed district may file a protest in writing
20 with the City Clerk, not later than the hour hereinabove set for
21 hearing, containing therein a description of the property in
22 which the signer thereof is interested sufficient to identify the
23 same, and, if the signers are not shown on the last equalized
24 assessment roll as the owners of such property, must contain or
25 be accompanied by written evidence that such signers are the
26 owners of such property. The basis for determining the existence
27 of a majority protest shall be based on the area of respective
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lots or parcels involved in proportion to the area of the entire
district.
SECTION 8. The City Clerk is authorized .and directed to
cause a copy of this resolution to be published in a newspaper of
general circulation published in the City, and that said Clerk
shall cause a notice of the adoption of this resolution to be
posted and mailed as required by Section 12.90.040C of the
Municipal Code of the City of San Bernardino.
SECTION 9. A copy of this resolution and a map showing the
exterior boundaries of the proposed improvement district with
relation to the territory immediately contiguous thereto and to
the proposed improvement will be on file with the City Clerk and
will be available for inspection by any person or persons
interested. This map shall govern for all details as to the
extent of the proposed improvement district.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on
the day of , 1986, by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
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City Clerk
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of
The foregoing resolution is hereby approved this
, 1986.
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day
Approved as to form:
Mayor of the City of San Bernardino
~~~J/14ta?~
City 1>1 torney
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