HomeMy WebLinkAbout16-Public Works
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CITY OF SAN BERNiRDINO - REQUEST F~R NC~~;;;IL ACTION--
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ROGER G. HARDGRAVE. Director
Subject: Resolution of Intention: Penn. &
Birch area Lndscp. Maint. Distr.
A.D. 1001
Dept: Public WorksfEngineering
Date: November 13. 1990
Synopsis of Previous Council ection:
5-21-90
___ Authorization to proceed granted by motion.
Recommended motion:
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Adopt Resolution.
cc: Shauna Edwins, Acting City Administrator;
Andrew Green, Director of Finance
James F. Penman, City Attorney
Verne Nadeau
ContaCt person:
Su . d __...._.. Staff Report. Map, Engr's Rpt.
PportlO9 ate .m..,,'''''':
Phone:
384-5026
Werd:
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FUNDING REQUIREMENTS:
Amount:
$3.000.00
Source: (Acct. No.l
251-681-53925
( Acct. DescriDtion I
Cost up-fronted by Developer.
Assess. Distr. 1001
Finance: CW,J fj,...-
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Council Notes:
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CITY OF SAN BERNAADINO - REQUEST FQ. COUNCIL ACTION
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STAFF REPORT
This action is the result of a request of the developers of Tract ~o. 14118
located in the area of Pennsylvania Avenue and Birch Street in response to
the requirement of the City to establish an assessment district for the
maintenance of landscaping along the West side of Pennsylvania Avenue and in
the 60 foot wide Edison Co. easement all within Tract No. 14118.
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 proceed to order work
within the district to be known as the Pennsylvania and Birch Area Landscape
Maintenance District.
Pursuant to Chapter 12.90.040C(5) of the Municipal Code, notice and hearing
will not be required as 1001 of the owners of the property to be assessed
have requested the district.
A copy of the Engineer's Report is attached herewith for your convenience.
11-13-90
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ENGINEER'S REPORT
CITY OF SAN BERNARDINO
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October 24, 1990
File No. 14.40-84
PROPOSED ASSESSMENT DISTRICT NO. 1001
PENNSYLVANIA AND BIRCH AREA LANDSCAPING MAINTENANCE DISTRICT
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CITY OF SAN BERNARDINO
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1001
PETITION -- On May 24, 1990, this office received a petition from TR #14118
PENNSYLVANIA AVE. PARTNERS for the establishaent of an assessment district
for the aaintenance of landscaping for Tract No. 14118 as delineated on
the attached vicinity map. This petition was the result of a requirement
placed upon the Tract by the City to relieve the Department of Parks and
Recreation from having to maintain the areas.
AtlI'IIOJUZATION TO l"~ -- On May 21, 1990, 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 ESTItlATBD COSTS -- On May 22, 1990 and pursuant to Chapter 12.94.030
of the Municipal Code, the developer was requested to up-front the
estiaated cost of $3,000.00 to cover the cost of the proceedings. The
deposit was received on September 10,1990 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 reaainder will be
returned to the developer and if the actual costs are more than the
deposit, then the reaainder can either be paid in a lUllp sum by the
developer or assessed against the properties involved.
EASEKENTS -- Certain easements for landscape maintenance have been granted on the
Tract Haps 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. This area constitutes the "open space" areas within
the Tract and is actually an Edison Company Right-of-way.
DESCRIPTION OF DIPllOVlltUlNTS -- The improvements to be maintained include a
strip of ground cover on the West side of Pennsylvania Avenue for the
entire distance within the boundaries of the district together with the
maintenance of the "open space" area (Edison Co. R/W within the Tract.
The open space area will be grass turf and the parkway along Pennsylvania
Avenue will be ground cover.
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PLAIIS AIID SPIICIPICATIONS - Plans llI1Ci Specifications for the llll1Ciscaping are
being prepared by the developer llI1Ci IIUst be approved by the Departllent of
Parks llI1Ci Recreation llI1Ci IlUSt provide for separate watering systellS,
electric llI1Ci water meters which can be monitored llI1Ci billed directly to
the assessment district for inclusion into the annual assessment rolls
after a one year plant guarantee period by the developer.
DIlllCtiPTION OF BllUNDAJlIES -- On May 20. 1990. the boundaries of the proposed
district were determined and are delineated on the attached Proposed
Boundary Map of Assessment District No. 1001. The property involved
presently is all of Tract No. 14118. It is anticipated that after the
establishaent of this district. a proposal wi 11 be made to expaDd the
boundaries to include the area i..ediately North llI1Ci adjoining this
district boundary.
VICINITY MAP -- The vicinity asp is attached as Exhibit 1.
DISTRICT JlOOIIDAllY MAP -- A reduced copy of the District Boundary Map is attached
as Exhibit 2.
rUHlaJl) OF ASSESSMENT -- LllI1Ciscaping llI1Ci its proper uintenance 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 llI1Ci egress
to the households or by actual physical use of the llll1Ci 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 apartllent will be assessed an equal share in the cost of
maintenance (1 residential unit - 1 assessment). Under a situation where
vacant 1lll1Ci 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 1 residential
unit - 1 assessment basis.
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l'uua4l Of FDJAIICI1IG - When the landscaping is actually in place and has been
lIllintained in good order by the developer for the one (1) year plant
guarantee period. the assessaent district will take over the lIllintenance
and will let contracts therefor on a fiscal year basis. The fiscal year
basis is for assessaent purposes as the County Tax Rolls are prepared on
the saae basis. The City will upfront the costs of the annual contract
and will be reimbursed each year through assessaents. plus interest. and
collected on the annual County Tax bills. Eventually, these costs will
cae froa the City's Assessaent District Reserve Fund, presently they come
from the General Fund.
ASSllSSKIlIIT lOLL - Presently there are 45 lots liable to be assessed which
constitute 45 faaily units. The proposed assessment roll has been prepared
to reflect the first assessaent (cost of proceedings only), attached as
Exhibit 3 and prepared to reflect the estillllted aaintenance and
administration cost for one year, attached as Exhibit 4. When built out
each assessment would be estillllted at S 624.00 each for subsequent years.
llOIlDS __ No bonds are to be sold on this proposed assessment district. The
costs will be up-fronted by the City add the assessaents 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.
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COST SUIVlARY
PIlIST YEAR:
Cost of proceedings only, estimated at
(See Exhibit 3)
$3,000.00
........a.s...........e..............................=_.a....:=.-.-.-.=.........
SUBSBQUEIlT YEAJlS -- maintenance and administration annually.
(See Exhibit 4)
Ground Cover -- 6 feet wide along entire length
of Pennsylvania Avenue within the district boundary.
500 lin. ft. X 6 . 3.000 sq. ft.
at $0.40 per sq. ft.
Turf - A total of 52,800 sq. ft. of turf
is involved in the Edison area areas to be maintained.
52,800 sq. ft. at $0.40 per sq. ft.
Inspection by Park & Recreation Devt.
2 hours per week at $20.00 per hour including
benefits per year
Assessment En2ineering -- including preparation
of annual assessment roll, agenda items, resolutions,
correspondence and transmittal to County Auditor/
Controller.
16 hours per year at $20.00 per hour including
benefits
Water and Electrical Costs
52,800 sq. ft. at $0.06 per sq. ft.
TOTAL ESTIMATED COST
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$ 1,200.00
$21,120.00
$ 2,080.00
$ 320.00
$ 3,348.00
$28,068.00
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ENGINEER'S STATllKENT
Tbe 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. 1001.
o _CA ~il/~-
ROGER G. HARDGRA
Director of Public Works/City Engineer
Filed in the office of the City Clerk
this 13.!J, day of 1I~(t>IfIj" ,19~.
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TOTALS
2999.70
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"EXHIBIT 3"
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1990-91 ASSESSMENT ROLL. A.D. 1001
$) ASSESSORS TOTALASSMT
NO. PRCL. NO.
1 0142-751-01 66.66
2 0142-751-02 66.66
3 0142-751-03 66.66
4 0142-751-04 66.66
5 0142-751-05 66.66
6 0142-751-06 66.66
7 0142-751-07 66.66
8 0142-751-08 66.66
9 0142-751-09 66.66
10 0142-751-10 66.66
11 0142-751-11 66.66
0 0142-751-12 66.66
13 0142-751-13 66.66
14 0142-751-14 66.66
15 0142-751-15 66.66
16 0142-751-16 66.66
17 0142-751-17 66.66
18 0142-751-18 66.66
19 0142-751-19 66.66
20 0142-751-20 66.66
21 0142-751-21 66.66
22 0142-751-22 66.66
23 0142-751-23 66.66
24 0142-751-24 66.66
0 0142-751-25 66.66
26 0142-751-26 66.66
27 0142-751-27 66.66
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ASQ 1990-91 ASSESSMENT ROLL. A.D. 1001
ASSESSORS TOTAL ASSMT
NO. PReL. NO.
1 0142-751-01 623.73
2 0142-751-02 623.73
3 0142-751-03 623.73
4 0142-751-04 623.73
5 0142-751-05 623.73
6 0142-751-06 623.73
7 0142-751-07 623.73
8 0142-751-08 623.73
9 0142-751-09 623.73
10 0142-751-10 623..73
11 0142-751-11 623.73
0 0142-751-12 623.73
13 0142-751-13 623.73
14 0142-751-14 623.73
15 0142-751-15 623.73
16 0142-751-16 623.73
17 0142-751-17 623.73
18 0142-751-18 623.73
19 0142-751-19 623.73
20 0142-751-20 623.73
21 0142-751-21 623.73
22 0142-751-22 623.73
23 0142-751-23 623.73
04 0142-751-24 623.73
25 0142-751-25 623.73
26 0142-751-26 623.73
27 0142-751-27 623.73
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ASSESSORS TOTAL ASSMT
NO. PRCL. NO.
28 0142-751-28 623.73
29 0142-751-29 623.73 .
30 0142-751-30 623.73
31 0142-751-31 623.73
32 0142-751-32 623.73
33 0142-751-33 623.73
34 0142-751-34 623.73
35 0142-751-35 623.73
36 0142-751-36 623.73
37 0142-751-37 623.73
38 0142-751-38 623.73
0 0142-751-39 623.73
40 0142-751-40 623.73
41 0142-751-41 623.73
42 0142-751-42 623.73
43 0142-751-43 623.73
44 0142-751-44 623.73
45 0142-751-45 623.73
TOTALS
28067.85
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"EXHIBIT 4"
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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 LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PENNSYLVANIA AND BIRCH AREA:
DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT. TO BE
KNOWN AS ASSESSMENT DISTRICT NO. 1001. AND WAIVING NOTICE AND HEARING.
WHEREAS. the City of San Bernardino (hereinafter call ed "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
WHEREAS. 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. 1001;
NOW. THEREFORE. BE IT RESOLVED BY THE 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.
1001. the boundaries of which are generally as follows:
Bounded on the North by the North line of Tract No. 14118. bounded on
the West by the West line of Tract No. 14118. bounded on the South by the
South line of Tract No. 14118 and bounded on the East by the centerline of
Pennsylvania Avenue.
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RESOLUTION OF I~ION AD 1001
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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
improvement, 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 and all appurtenant
facilities in portions of the West side of Pennsylvania Avenue between the
North and South boundaries of Tract No. 14118 and in the 60 foot wide
Southern California Edison Company right-of-way running through said Tract
No. 14118.
The estimated cost of said maintenance, including incidental costs
is $28,068.00.
SECTION 3. Said contemplated work and improvements is of 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. which district is hereby declared to be 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 proportional
share of the total sum of the cost of the maintenance and incidentals within
the area in relation to the number of parcels within the district. Reference
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RESOLUTION OF I1:)'lTlON AD 1001
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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 followed shall
be as follows, to-wit:
The cost of the maintenance shall be pre-funded by the City and the
assessment 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 the City for the repayment to the City of said pre-funding.
The City shall recover interest on each year's pre-funding of cost
maintenance of landscaping. Said interest shall be at the average rate as the
City is receiving on other City funds during the period of expenditure.
The assessment for said district shall be made and collected as
follows:
The cost of the maintenance contract and incidentals will be collected
in perpetuity unless otherwise terminated by the City.
SECTION 6. That the City elects to proceed without Notice and Hearing
pursuant to Section 12.90.040C(5) of the Municipal Code as the request
represents 100l of the property owners liable to be assessed for the
maintenance.
SECTION 7. 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.
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RESOLUTION OF I~TION AD 1001
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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
, 1990. by the
following vote. to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
. 1990.
day of
W.R. Holcomb. Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN.
City Attorney
By: .~rr~
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11-13-90
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