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HomeMy WebLinkAbout18-Public Works . File No.: 14.40-111 .cnY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: ROGER G. HARDGRAVE Subject: Resolution ofIntention --- Mill Street and Dallas Avenue Area Landscape Maintenance Assessment District (AD 1020 - Tract No.15652) Dept: Public Works / Engineering OR/G/ly;4L Date: July 22, 1997 Synopsis of Previous Council Action: 06-16-97 The Director of Public Works/City Engineer and the City Clerk were authorized to proceed with the formation of Landscape Maintenance Assessment District in the Mill Street and Dallas Avenue Area. Recommended Motion: Adopt Resolution cc: Fred Wilson, Acting City Administrator Barbara Pachon, Director of Finance Jim Penman, City Attorney a~ Signature Contact Person: Les FOl!assy Phone: 5026 Supporting data attached: StaffReoort. Enl!ineers Reoort. Resolution Ward: 3 FUNDING REQUIREMENTS: Amount: $ 4,000 (Cost of proceedings paid for by petitioner) Source (Accl. No.) 254-000-2301-6012 (Accl. Description) DEPOSITS Finance: Council Notes: Res 97- ';'5/ Continued to tJ? /;sj? 7 gh'/91 08-18-97 Agenda Item NO.J.8 'CI1;'Y OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION . STAFF REPORT On 11/1/96, this office received a petition from the developer/owner of Tract No. 15652, located on Mill Street at Dallas Avenue, for the establishment of a Landscape Maintenance Assessment District. This petition is a result of a requirement of the development for the installation of landscaping along Mill Street. The establishment of an Assessment District for provide funding for the ongoing maintenance. The developer has deposited the amount of $4,000 to cover the cost of proceedings. There are 13 single family lots within proposed district boundaries. The first year's assessment is estimated to be $240. All potential home buyers within the district will be given a disclosure of the assessment, by the developer. Part of the formation proceedings includes the preparation of an Engineer's Report, which has details regarding the improvements, method of determining benefit and assessment amounts. A copy of the Engineer's Report is attached for reference. The attached Resolution declaring the intention to form the assessment district also sets a public meeting for September 15, 1997 and a Public Hearing for October 6,1997. In compliance with Proposition 218, the proceedings will also require that ballots be mailed to the property owners relative to the proposed assessment. The ballots returned will be weighted by the assessment amount for each respective parcel. We anticipate that the petitioner will still own most, if not all, of the properties involved and do not expect a majority protest. We recommend approval of the Resolution ofIntention. (g(Q)[?)W e ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1020 (Mill Street and Dallas Avenue Area Landscape Maintenance Assessment District) in the CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA e File No. 14.40-111 e CITY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS Prepared July 22, 1997 FILED in the office of the City Clerk of the City of San Bernardino on the e 19_. day of 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 _NAL approval by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino, ~te of California on the day of ' 19_. CITY CLERK City of San Bernardino I HEREBY CERTIFY that the foregoing assessments, together with the Diagram of Assessment District No.1 023, were 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 e 1 CITY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS I ENGINEERING e ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1020 (Mill Street and Dallas Avenue Area Landscape Maintenance Assessment District) PETITION __ On November I, 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 Mill Street at Dallas Avenue. 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. 15652 by the City to relieve the City from having to maintain the areas oflandscaping. A UTHORIZA TION -- On June 16, 1997, 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. 1020 (Mill Street and Dallas Avenue 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 No. adopted by the Mayor and Common Council of the City of San Bernardino on the day of ,19 . ADVANCE OF ESTIMATED COSTS OF PROCEEDINGS -- On March II, 1997, pursuantto Section 2.94.030 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 - All landscaping to be maintained will be within the dedicated right of way, or within easements granted to the City for landscape maintenance purposes and no maintenance will be carried out on private property . DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained include landscaping and all appurtenances along portions of the South side of Mill Street, adjacent to Lots 8, 9 and 10 of Tract No. 15652. PLANS AND 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. 1020 and are generally described as follows: The centerline of Mill Street on the North, the Southerly, Easterly and Westerly lines of Tract No. 15652 on the South, East and West respectively. _ VICINITY MAP -- A vicinity map showing the general location of the proposed Assessment District is Wlttached as Exhibit 1. 2 DISTRICT BOUNDARY MAP -- A District Boundary Map has been prepared and is on file in the office .e 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 Clerk after preliminary approval of this Report and will be filed with County Recorder and recorded'in the office of the Director of Public Works after fmal approval of this Report, Confirmation of the Assessment Roll and Resolution Ordering Work. NOTICE OF EXEMPTION -- 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 OS/29/97. No further environmental proceedings are necessary. A copy of the Notice of Exemption is attached as Exhibit 3. METHOD OF ASSESSMENT AND DETERMINATION OF BENEFIT --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 oflarge 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 lot or unit, be it a single family lot, a condominium or an apartment will be assessed an equal share in the cost of maintenance (I residential lot or unit = 1 Assessment Unit). The benefit received by the parcels within the boundaries of the district is determined to be of more than ordinary public benefit, thus each parcel within the district being assessed receives a special benefit from the .. provements. If property not within the boundaries of a district also receives some benefit from the improvements, sideration must then be given to a general benefit given by the improvements, which may not be assessed to e parcels within the district. Since the installation and maintenance of the landscaping and establishment of an assessment district for the maintenance of the landscaping is a requirement by the City for this development, it is further determined that the improvements to be maintained by the assessment district are of special benefit to the district only and are 100% assessable to the parcels within the boundaries of the assessment district. Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception of public right of way, which is not subject to assessments. Presently, no parcels within the district are publicly owned. METHOD OF FINANCING - The estimated cost of the first year's maintenance 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 or maintenance 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. Table I sets forth the ~mated costs ofthe first years maintenance. No Bonds will be sold relative to this Assessment District. 3 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 Mulated for that parcel. . ASSESSMENT ROLL -- Presently there are 13 single family parcels within Tract No. 15652, with each parcel representing I assessment unit as described under Method of Assessment, and assessment are spread accordingly. No further subdivision of the parcels is anticipated. An Assessment Roll representing the estimated fIrst year's maintenance costs has been prepared for the 13 parcels within Tract No. 15652 and 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 oflandscape 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-lnIand Empire area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year. e e 4 TABLE 1 ESTIMATED FIRST YEAR'S COST SUMMARY e Assessment District No. 1020 (Mill Street and Dallas Avenue Area Landscape Maintenance Assessment District) Description of Costs Quantity Unit Cost/Unit Annual Cost Maintenance of Turf I Irrigation - Sq.Ft. 0.25 $ - Maintenance of Groundcover IShrubslIrrigation 2,640 Sq.Ft. 0.20 $ 528.00 Maintenance of Trees I Irrigation 1 L.S. 100.00 $ 100.00 Water and Energy Costs 2,640 Sq.Ft. 0.10 $ 264.00 Weekly Inspection (labor,overhead) 48 Hours 25.00 $ 1,200.00 Annual Assmt. Engineering (Iabor+overhead) 10 Hours 30.00 $ 300.00 Contract Adminstration (labor+overhead) 15 Hours 22.00 $ 330.00 Incidentals (materials, supplies, other costs) 1 L.S. 100.00 $ 100.00 Outside Department Services (labor+overhead) 13 parcels 10.00 $ 130.00 Subtotal $ 2,952.00 Estimated Interest for non-prefunded amounts. 6 Percent $ 177.12 Adjustment (Rounding for Assessment Roll) $ (0.02) TOTAL FIRST YEAR'S ESTIMATED COSTS $ 3,129.10 _mate based on full year's interest. Interest charged only on portions that are not pre-funded by 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 3,129.10+13=$240.70 per Assessment Unit e 5 ENGINEER'S STATEMENT e This Report, together with the Assessment District Boundary Map and Proposed Assessment RoUs has been prepared and is being filed pursuant to and in compliance with Chapter 12.90 of the San Bernardino Municipal Code and also in compliance with the reqUirements set forth in Article XIIID of the California Constitution for the establishment of Assessment District No. 1020. e 7- ")-J~ 7) Date a~ ROGER G. HARDGRAVE Director of Public Works/City Engineer e 6 List of Exhibits e 1. Vicinity Map..................................................... Exhibit "1" 2. Reduced copy of Boundary Map....................... Exhibit "2" 3. Copy of "Notice of Exemption"......................... Exhibit "3" 4. Proposed Assessment Roll (FY 1998/99)........... Exhibit "4" e e 7 : I , e ! ! \ -- PROPOSED ASSESSMENT DISTRICT WlI@[{lMH'UW' fiIi]~~ ~ N.T ... CITY OF SAN BERNARDINO PROPOSED ASSESSMENT DISTRICT NO. 1020 (Mill Street and Dallas Avenue Area Landscape Maintenance Assessment District) EXHIBIT" 1" ASSESSMENT BOUNDARY ASSESSMENT DISTRICf NO. 1020 MIlL & DAlLAS AREA- LANDSCAPE MAINTENANCE ASSESSMENT DISTRIcr far.... arY OPSAN IIIIRNAltDINO OOOMTYOFSANIIIIRNAltDINO BrA'IB OPCAUJIOllNIA . . ~~~~~- "2:; - _'=r .. - ... :::. .. - ....~ "- , -- -~ II . - .... car a. ., fI .. ...... II . :J'I:"-Io."'--":;r ~_. . . - .... _ 0Mr. ., ., .. ...... . I LEGEND ..... ........ IIIftIET .....,. -----.- - -+-':~:A' 'f-~' CITY OF SAN BERNARDINO ~ClFP\BJCY<<RC8 MIU.& D.AU.d AltBA 1NlDICAI'DIO IoWN11lNANCIl /'~ mmucr Q VlaNll'YMAP - I9..L Q IlRA\oIJNG NIl. 9704 1IeA_1l:AUk 1'. _ ... ...1.... ~ EXHIBIT "2" .. CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT NOTICE OF EXEMPTION FROM: CITY OF SAN BERNARDINO, PLANNING AND BUILDING SERVICES DEPARTMENT 300 N. '0' STREET SAN BERNARDINO, CA 92418 TO: _OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET, ROOM 121 SACRAMENTO, CA 95814 X COUNTY CLERK -COUNTY OF SAN BERNARDINO 385 NORTH ARROWHEAD AVENUE SAN BERNARDINO, CA 92415 Project Title: ASSESSMENT DISTRICT NO.1 020 Project Locatlon-Speclllc: TRACT NO. 15652 - DALLAS AVENUE SOUTH OF MILL STREET Project Locatlon-Clty: SAN BERNARDINO Project location - County: SAN BERNARDINO Description of project: SBMC 12.90 PROCEEDINGS FOR THE ESTABLISHMENT OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Name of Public Agency Approving Project: CllY OF SAN BERNARDINO CllY OF SAN BERNARDINO Name of Person or Agency Canylng out Project: Exem~t Status: (check one) o Ministerial (Sec. 21080(b)(1); 15268); o Declared Emergency (Sec. 21080(b)(3); 15269(a)); o Emergency Project (Sec.21080(b)(4); 15289(b)(c)); ex Categorical exemption. State type and eactlon number: Class 115301lc) Res.9D-217.Sec. B2c o Statutory exemptions. State code number: Reason why project is exempt: ESTABLISHMENT PROCEEDINGS FOR ASSESSMENT DISTRICT TO PROVIDE FUNDING SOURCE FOR MAINTENANCE OF LANDSCAPING Lead Agency Contact Person, LASZLO FOGASSY Area CodefTelephonelExtenslon: (909) 384-5026 If filed by applicant: 1. Attach certllled document of exemption IIndlng. 2. Ha~ a n~ce of exe~tlon been IIled by the public agency approving the project? 0 Yes 0 No SIgnature: )J!J (' I ,~ Date: <:?1:?-'l7 Title: Real Procertv Official V~ . [i Signed by Lead Agency 0 Signed by Applicant Date received for filing at OPR: EXHIBIT "3" e e e CITY OF SAN BERNARDINO PROPOSED 1998 I 1999 ASSESSMENT ROLL - AD 1020 MILL & DALLAS AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Assessment No. Parcel No. Assessment' Amt. 1 0142-661-79 $240,70 2 0142-661-80 $240,70 3 0142-661-81 $240.70 4 0142-661-82 $240.70 5 0142-661-83 $240.70 6 0142-661-84 $240.70 7 0142-791-01 $240.70 8 0142-791-02 $240.70 9 0142-791-03 $240.70 10 0142-791-04 $240.70 11 0142-791-05 $240.70 12 0142-791-06 $240.70 13 0142-791-07 $240.70 TOTALS: 13 Parcels 53,129.10 1020 /1998 EXlllBIT "4" Page I of!