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HomeMy WebLinkAbout26-Public Works -'_ ... 1 ,_ .. V. ... ., ,. ,,, ~ CITY OF SAN BERNI :DINO - REQUEST Fl J COUNCIL ACTION From: ROGER G. HARDGRAVE, Director Dept: Public Works/Engineering Date: November 15, 1993 Subject: Resolution of Intention: Mill/Burney Area Landscape Maintenance Assessment District (AD 1012) Synopsis of Previous Council action: 04-15-93 Authorization to proceed granted by motion. Recommended motion: Adopt Resolution. cc: Shauna Clark, City Administrator Barbara Pachon, Director of Finance James F. Penman, City Attorney Contact person: Anne DeBo 1 t Phone: 5328 Supporting data attached: Staff Report, Map, Engineer's Report Ward: 3 FUNDING REOUIREMENTS: Amount: $3,000.00 Source: (Acct. No.! 251-699-53925 Acct. Descri tion Assessment District No. 1012 To be paid from money up-fronted by Developer Finance: Council Notes: 75-0262 Agenda Item No. :J..f.c CITY OF SAN BERNA DINO - REQUEST Fe. . COUNCIL ACTION STAFF REPORT This action is the result of a request of the developers of Tract No. 15093, in response to the requirement of the City to establish an assessment district for the maintenance of landscaping along portions of the South side of Poplar Street, the North side of Mill Street, and a strip along the East boundary of the Tract. The purpose of the action is to preliminarily determine that 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 "Mill/Burney Area Landscaping Maintenance District" Pursuant to Chapter 12.90.040C(5) of the Municipal Code, notice and hearing will not be required as 100% of the owners of the property to be assessed have requested the district. A copy of the Engineer's Report is attached for your convenience. :'.0264 N - o o z ~ <[ ~ c >- I ~ i! eel_ .~.~...l .. ~O Om ! 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" I > I I .J i !II L fl. to I ili-~ ! . 12,2 III! .. .111 ~ ;j!! ~ 0 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAIN- 3 TENANCE ASSESSMENT DISTRICT LOCATED IN THE MILL/BURNEY AREA: DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS 4 ASSESSMENT DISTRICT NO. 1012, AND WAIVING NOTICE AND HEARING. 5 WHEREAS, the City of San Bernardino (hereinafter called "City") as 6 an exercise of its municipal affairs powers has enacted an Assessment Dis- 7 trict Ordinance (Municipal Code Chapter 12.90) to provide for the procedure 8 for the formation of assessment districts within the City; and 9 WHEREAS, it has now become necessary to consider the formation of 10 a landscape maintenance assessment district within the City, to be known as 11 Assessment District No. 1012; 12 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO THAT: 13 14 SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino Hunic- 15 ipal Code, the Hayor and Common Council of said City hereby preliminarily 16 find and determine that the public convenience and necessity require, and it 17 is the intention of the Mayor and Common Council to form Assessment District 18 No. 1012, the boundaries of which are generally as follows: the property 19 involved is bounded on the North by Poplar Street, on the South by Hill 20 Street, and encompasses all of Tract No. 15093. 21 Reference is hereby made to the Engineer's Report on file in the 22 office of the City Clerk of said City for a map of the boundaries of said 23 district, a description of the type of improvement, an estimated cost of the 24 maintenance, and a proposed assessment roll which Report and Assessment 25 District Map are hereby approved. 26 SECTION 2. It is the intention of said Hayor and Common Council 27 to order improvements within the district, which improvements consist of, 28 but are not limited to, the maintenance of landscaping and appurtenant 1 RESOLUTION OF INTENTION: LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1012 1 facilities in portions of the Southerly side of Poplar Street, the Norther]y 2 side of Mil] street, and in easements granted for landscape maintenance 3 purposes on the recorded map of Tract 15093. The estimated cost of the 4 first year's maintenance, including incidental costs, is $10,385.00. 5 The district also includes the future maintenance of those areas 6 of the front yards where easements were granted to the City on the map of 7 Tract 15093, in case of owner neglect. 8 SECTION 3. Said contemplated work and improvements is of more 9 than local or ordinary public benefit, and that said Mayor and Common Coun- 10 ci] do hereby make the expense of such work and improvement chargeable upon 11 the district, which district is hereby declared to be the district benefited 12 by said proposed work and improvement, and to be assessed to pay the cost 13 and expense thereof. A]l puhlic streets or alleys, or portions thereof, 14 hereby are excepted from said assessment. 15 SECTION 4. The assessment benefit procedure to be followed and 16 the amount to be assessed against each particular parcel will be a propor- 17 tion of the total sum of the cost of the maintenance and incidentals within 18 the area in relation to the number of single family units within the area of 19 the boundaries of the assessment district. Reference is hereby made to said 20 Engineer's Report on file in the office of the City Clerk for a detailed 21 estimated individual assessment. 22 The assessments for the front yard owner neglect shall be the 23 actual cost of maintenance of such front yard, assessed against that partic- 24 ular parcel only. 25 SECTION 5. The assessment financing alternative to be followed 26 shall be as follows, to-wit: 27 The estimated cost of the first year's maintenance, as set forth 28 in the Engineer's Report, shall be assessed against the properties involved 11 11 ~ la~ 2 RESOLUTION OF INTENTION: LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for the fiscal year immediately following the establishment of the dish-ict. This assessed amount is to be used as a source of pre-funding the first year's maintenance contract and incidental costs. Once the district has assumed the responsi bi! i ty for the maint.enance, t.he properties shall be assessed each year thereafter for the actual contract and incidental costs. If there is a surplus from the estimated assessment over the actual first contract and incidental costs, then such surplus shall be applied as a credit to the following year's assessment. The assessment 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 the City for the repayment to the City of said annual contract and incidental costs. The City shall recover interest on each year's funding of the cost of maintaining the landscaping. Said interest shall be at the average rate as the City is receiving on other City funds during the period of expendi- ture. The costs of the maintenance contract and incidentals will be collected in perpetuity unless otherwise terminated by the City. SECTION 6. That the City elects t.o proceed without Notice and Hearing pursuant to Section 12.90.040C(5) of the Municipal Code as the request represents 100~ of the property owners liable to be assessed for the maintenance. SECTION 7. A copy of this resolutiun and a map showing the exte- rior 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 I 3 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 of RESOLUTION OF INTENTION: LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1012 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Council of the City of San Bernardino at a Common meeting thereof held on the day of , 1993, by the following vote, to-wit: G.OIlliCIl_~MBERS : AYES NAYS ABSTAIN ABSENT ---------- -..--_.--- NEGRETE -- --- CURLIN ----- --.--- HERNANDEZ ---- --- OBERHELMAN ----- ------ DEVLIN --.- --- POPE-LUDLAM --~-- --- MILLER Rachel Clark. City Clerk The foregoing resolution is hereby approved this day . 1993. 19 20 21 22 23 24 25 26 27 28 Tom Minor. Mayor City of San Bernardino Approved as to form and legal content: James F. Penman, City Attorney By: L~? }-. (} ~--vVV"'-""-,..,. 4 October 25. 1993 File No. 14.40-101 ENGINEER'S REPORT CITY OF SAN BERNARDINO PROPOSED ASSESSMENT DISTRICT NO. 1012 MILL/BURNEY AREA LANDSCAPING MAINTENANCE DISTRICT CITY OF SAN BERNARDINO ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1012 PETITION On February 5, 1993, this office received a petition from SUNLAC CORPORATION for the establishment of an assessment district for the maintenance of landscaping for Tract No. 15093, as delineated on the attached vicinity map. This petition was the result of a requirement placed upon this Tract by the City to relieve the Department of Parks and Recreation from having to maintain the areas. AUTHORIZATION TO PROCEED -- On March 1B, 1993, 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 March 19, 1993 and pursuant to Chapter 12.94.030 of the Municipal Code, the developer was requested to up-front the esti- mated cost of $3,000.00 to cover the cost of the proceedings. The deposit was received on May 27, 1993 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. If the actual costs are more than the deposit, then the re- mainder can either be paid in a lump sum by the developer or assessed against the properties involved. EASEMENTS Certain easements for Landscape Maintenance Purposes have been granted on the Tract Map 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 include: an area approximately 15 feet wide along the South side of Poplar Street, an area approximately 10 feet wide along the North side of Mill Street, and a strip of varying width, averaging approximately 20 feet wide along the East boundary of the Tract. DESCRIPTION OF IMPROVEMENTS -- As the subdivider has not yet submitted landscap- ing plans, we are presuming that the improvements to be maintained include ground cover along the South side of Poplar street, along the North side of Mill Street, and the entire length of the slope on the East side of the subdivision. The District also includes the future maintenance of those areas of front yards where easements were granted to the City on the map of No. 15093 in case of owner neglect. the Tract PLANS 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 billed directly to the assessment district for inclusion into the annual assessment rolls after a one year plant guarantee period by the developer. DESCRIPTION OF BOUNDARIES -- On May 27, 1993, the boundaries of the proposed district were determined and are delineated on the attached Proposed . Boundary Map of Assessment District No. 1012. The property involved is bounded on the North by Poplar Street, on the South by Mill Street. and encompasses all of Tract No. 15093. 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 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 house- holds 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 bounda- ries. Hence. each residential unit. be it a single family residence, a condomin- ium or an apartment will be assessed an equal share in the cost of main- tenance (1 residential unit - 1 assessment). Under a situation where vacant land is included within the district, the property will be arbi- trarily 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. The assessments for the Front Yard owner neglect will be the actual cost of the maintenance of such front yard - assessed against that particular parcel only. METHOD OF FINANCING: -- The estimated cost of the first year's maintenance, as set forth in the Engineer's report, shall be assessed against the proper- ties involved for the fiscal year immediately following the establishment of the district. This assessed amount is to be used as a source of pre- funding the first year's maintenance contract and incidental costs. Once the district has assumed the responsibility for the maintenance, the properties shall be assessed each year thereafter for the actual contract and incidental costs plus interest. If there is a surplus from the esti- mated assessment over the actual first contract and incidental costs, then such surplus shall be applied as a credit to the following year's assess- ment. The assessment 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 the City for the repayment to the City of said annual contract and incidental costs. 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 therefore on a fiscal year basis. The fiscal year basis is for assessment purposes as the County Tax Rolls are prepared on the same basis. ASSESSMENT ROLL -- Presently there are 16 parcels liable to be assessed. 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 $691.00 for subsequent years. BONDS No bonds are to be sold on this proposed assessment district. Tbe costs will be up-fronted by virtue of the pre-assessment on the Engineer's Estimate. Tbe assessments will be collected on the County Tax bill annu- ally based on actual annual costs incurred for the maintenance and admin- istration of the district plus interest. ~ COST sUMMARY FIRST YEAR: Cost of proceedings only, estimated at (See Exhibit 3) $ 3.000.00 ================================================================================ SUBSEQUENT YEARS __ maintenance and administration annually. (See Exhibit 4) Ground Cover -- 19.500 square feet @ 0.409 $ 7.600.00 Inspection by Park & Recreation Department -- 1 hour per week at $20.00 per hour including benefits per year $ 1.040.00 Assessment En~ineering -- including preparation of annual assessment roll. agenda items. resolutions. correspondence and transmittal to County Auditor/Controller. 15 hours per year at $20.00 per hour including benefits $ 300.00 Water and Electrical Costs -- 19.500 sq. ft. at $0.06 per square foot $ 1.170.00 Share of Administrative Costs ($50.000) $ 75.00 TOTAL ESTIMATED COST $10.365.00 ,. 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. 1012. ROGER G . HARDGRAVE Director of Public Works/City Engineer Filed in the office of the City Clerk this day of . 19_ " -" ...,. -a , c" -?" . D T E , F _ ~.'~' -,........~=-"l '" ., ,."'''' ...},. ;;:: """5.''''t~~.;Ik'':i ~,,,-,,.,,,, .~ '. - .'/'~ ,'''''''iC,--..nd.,;.r,1 'i:r", .;1;\." " - . ;"-"~'I'I",='_i)~._, \ / '1 '"'''i'')-'-''"''' .,.,.,.." ,,," . ~,~:::.rx ~ , , """""'-"'>-";1~ , !'., , fl .. "d'; . < ,.. j il ' r~:,".;\7';'~. ,J i C::':i "f~13 "),~ 7 ~:.r.t;, ,,-""'-"- '"!"~. x.' .__.__~'_::_:l ',-" i' ."" i ,. ~ ; '. , .~ """,..",..." ,"~~' :~,--,,-' '" "..,.,..\. ,,_, . B" .~. P. . . I" "~.._,,," ,,' ~..~. 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L- 'W ~ ~- -t.., "'J ~ #. I p~ ':"' '. : ,'- r lit:. j~, ",: .:r L~ ii, Ii _' 1 _ t,c.& II!. ~ Lr ,.u' _, i_ :;''1,''! 'J, .L __ _". .:rT' '-- --- -i-I---- .^ A 'I -C- SEE ~ MA.P 15 ...::; A ",R ~:j. . I 5 6 , ' -t. o o 1 E FXHIBIT 1 N - o o Z l:L Cl ~ .. >- I . ~ I~ 00 I_ .LIJ z lI) ~.l -00 ! . .~ CD. O:~.~I cr. 01 .Q,.~-; .. ~u ~ ! c ~ Z LIJ ~ (/) (/) LIJ (/) (/) Cl 111 U~ 'I I" '~i ., \ ;. I'~IO': I m; o~ I.~ 'i<.o131 !Ii. ;1 ~~I =i~~.~ .~ ! ~ ;li~I:!llir., ~ ~i,I;:mi~1 ;g o U> ... z" z -25 * O~c:lcn a: "'Ill c:(u~: z_ ffi~ii... CD a::z_ :> ... Z~Q)~1- <too_ (/) z.. .. ~ lJ...!Z-,~ O~::!:5 ... ~ U> >-!1j i 1-.. ... -! u j , I JJ1. !III. II. 't t it r~ I : 1III lill ids ~ ;n~ ~ 0.... ~ \ ,j'-- .1 ~.t::='ll!llI.L. I b . I "> \ '.&>/lV 213JJ;ad ilm,.-. ~ '* i "C'VU1""RT"T' ? 1994-95 ASSESSMENT ROLL. A.D. 1012 ASSMT ASSESSORS TOTAL ASSMT NO. PRCL. NO. 1 0142-511-27 187.50 2 0142-511-28 187.50 3 0142-511-29 187.50 4 0142-511-30 187.50 5 0142-511-31 187.50 6 0142-511-32 187.50 7 0142-511-33 187.50 8 0142-511-34 187.50 9 0142-511-35 187.50 10 0142-511-36 187.50 11 0142-511-37 187.50 12 0142-511-38 187.50 13 0142-511-39 187.50 14 0142-511-40 187.50 15 0142-511-41 187.50 16 0142-511-42 187.50 TOTALS 3000.00 16 EXHIBIT 3 ----........-..-.....-----. ..-- < ~ "" < 0 o f- Z ~ :0: '" ,,",00 <~ f-OO 000 f-< f- i..t::E- ~Z IX~ I=~ z< ....0- <~ ~~ f-:O: f- ~Q ~.... ""W f-Z 00..... f- ~f- ~Z I==< 00:0: N ..... o ..... 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OOOO~COOOOOOOCCO ~~~w~~w~~~~w~w~~ ZZZZZZZZz.:ZZZ.Z.Zz.Z' .....OC.:OCCOOOOOOOOO ZZZ':Z:Z:ZZZZZ'Z.Z.Z.ZZZ CC~ :::l00000000000 00__000000000000 .... ------..........--.....- o '" o ..... ... o ..... t- '" '" 0' ... '" '" o '" 0' ... '" If'l N - C 0 0 0:> t- ..;t 0 t:1 0 c ~ 0 0 0 o o '" t- oe '" 0 ..... N'" ...:r1t")1.Or--- 0:>0' 0 ..... N '" N N N '" '" "'''' C'ir"">~M "'''' ... ... ... ~ '" I I I I I I I I I , I I I I I I IX 0 ~ ~ ~ ..... ..... .......... .....--- .....- ..... ..... ..... C :z ~ - - ..... - ---------- '" If'l II": If'l II": If'l If'l Lt")tf"JLt")If')It")U"'Jlf'llf'llf'lLf'l '" I I I I I I I I I I I I I I I I ~~ N N N N NNNNNNNNNNNN tnU ... ... ..:r..:r..::r..:r..:r..:r..::r...:r...:r..::r..::r...:r...:r..:r 00"" ..... ~ ------------ ..... <0- 0 0 00000000000000 '" '" f- =< ..... :0: _NC""l...:r Lt'l..o r---CC 0'0 ..... N"'''' If'l '" ~ e ..... ..... ..... .......... ..... ..... f- E