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~'T~ OF SAN BER.RDINO - REQUEST .~e ~oUNcll ACTION
From:
ROGER G. HARDGRAVE, Director
Subject:
Resolution of Intention: AlllOOO-
Waterman Avenue Landscape
Dept:
Puhlic Works/Engineering
Date:
February 10, 1992
Synopsis of Prey ious Cou ncil action:
05-07-90
Authorization to proceed granted by motion.
10-15-92
Expansion of Authorization to proceed.
Recommended motion:
Adopt Resolution.
cc: Shauna Clark, City Administrator
Andrew Green, Director of Finance
James F. Penman, -City Attorney
Contact person:
Kelley Poole
Phone:
384-5476
Su . d h d Staf f Report, Mal" Engr' s Rpt.
pportmg ata attac e :
Ward:
1,2,3
FUNDING REQUIREMENTS:
Amount:
$ 987,493.20
Source: IAcct. No.)
251-6(J0-53925
Acct. Descri tion
Assess. Distr. 1000
To be recouped through assessments.
Finance:
Council Notes:
75.0262
Agenda Item No. ~I
III
CITY OF SAN BERARDINO - REQUEST .R COUNCIL ACTION
STAFF REPORT
At the Council meeting of 5-7-90, the City Engineer was instructed to
proceed with the formation of an assessment district for construction and
maintenance o[ landscaping on Waterman Avenue, from the Sant.a Ani1 River, to
Ninth street. On 10-15-90, the district was expanded from Ninth Street to
Baseline Street, and from the Santa Ana River to the Interstate 10 Freeway.
The purpose of the action is to preliminarily determine that the public
convenience and necessity require the formation of a landscape construction
and maintenance district; declaring the intention to proceed to order work
within the district to be known as the "Waterman Avenue Landscape
Construction and Mainlenance District".
The Notice of Exemption was filed on January 1/" 1992.
The City normally upfronts the costs of installation and the annual
maintenance contracts from the general fund, and is reimbursed each year
through assessments, plus interest, which are collected on the annual County
Tax Bills. Due to the size of this district, alternate funding may need to
be explored.
Due to the low amount of the assessments and the value of the land involved,
it has been determined that the 1931 Debt Limitation Report is not
necessary.
The estimated assessment cost for one year for a single family unit (1
Assessable Unit) fronting Waterman Avenue is S 95.11, and for those units
that do not "front" Waterman Avenue, the assessment will be one half 0/2)
as much, or $ 47.55 per year. After five (5) years, the assessment cost [or
installation will terminate. Yearly assessments after the five year term
will only reflect maintenance and administrative costs. The drop in cost is
estimated to be approximately 65t.
Based on our experience with large City initiated districts, we anticipated
that the City will be assessing itself for City(RDA owned parcels within the
district which will amount to a contribution to the district in the amount
of: S 10,350.21 for total construction costs, (or $ 2,070.04 per year for
five years), and $ 1,071.06 per year for maintenance costs, which will run
in perpetuity.
One of
Proceed
of this
the reasons for the lapse in time between the Authorization to
and the Resolution of Intention was to coordinate the construction
project with other pavement rehabilitation projects in the area.
A copy o[ the Engineer's Report is attached herewith for your convenience.
2-10-92
75.0264
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II III
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II III
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RESOLUTIOt>; NO.
RESOLlJTION OF THE CITY OF SAN BERNARDINO PRELIMIt>;ARILY DETERMINING THAT
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE
INSTALLATION AND MAINTENANCE ASSESSMENT DISTRICT LOCATED ALONG THE PARKWAYS
AND MEDIAN STRIPS OF WATERMAN AVENUE BETWEEN BASELINE STREET AND INTERSTATE
10; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITIIIN THE DISTRICT, TO
BE KNOWN AS ASSESSMENT DISTlUCT NO. 1000; AND SETTING AND DIRECTING
PUBLICATION OF NOTICE OF A TIllE 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 12.90) to provide for the procedure for the
formation of assessment districts within the City; and
WHEREAS, it has noli' become necessary to consider the formation of
a Landscape Installation and Maintenance Assessment Distric:t wi thin the City,
to be known as Assessment District No. 1000; and
WHEREAS, as a further exercise of the powers vested in the City by
virtue of Section 19, Article XVI, California Constitution, the City intends
to conduct a hearing and hear protests, if any. as to why the district should
not be formed and the acquisitions and improvements completed, without com-
pliance with the Specittl Assessment Investigation, Limitation and Majority
Protest Act of 1931;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARJ1INO THAT:
SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino Municipal
25 Code, the Mayor and Common Council of said City hereby preliminarily find
26 and determine that the public convenience and necessity require, and it is
27 III
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II 111
RESOWTIOr; O.NTENTION AD 1000
.
the intention of the Xayor and Common Council to form Assessment District N.o.
1000, the boundaries of which are generally as follows: all those por"tions
of those certain subdivisions lying East and West uf Wdterman Avenue between
the Interstate 10 Freeway and Baseline Street and between the East and West
boundary lines of the district as delineated on the proposed boundary map;
which District is divided into zones according to benefit.
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, an explanation of the zones contained therein, 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 consist of, but are not limited
to, the installation and maintenance of miscellaneous types of ground cover,
trees, shrubs, turf, hardscape surfaces, and their appurtenant irrigation
systems and facilities in the median strips and parkways alung Waterman
Avenue between Baseline Street and the Interstate 10 Freeway.
The estimated cost of said installation, including incidentdl costs
is $ 987,500.00, which is estimated to be $ 197,500.00 for the first year.
The estimated cost of said maintenance, including incidental costs is
$ 81,280.00 for one year.
local
hereby
SECTION 3. Said contemplated work and improvements is of more than
or ordinary public benefit, and that said Mayor and Common Council do
make the expense of such work and improvements chargeable upon the
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02-10-92
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II III
RESOLUTION
O.NTENTION
AD 1000
.
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
expenses thereof. All publ ic streets or all eys, 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 tolal sum of the cost of the installation, maintenance. and incidentals
within the area in relation to the number of potential single family parcels
(assessable units) within the district. 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 followed shall
be as follows, to-wit:
The costs shall be pre-funded by the City and the assessment levied,
co 11 ected and enforceiJ in the same manner, at the same time, and wi th the
same penalties and interest as in the case of taxes levied for the City for
the repayment to the City for said pre-funding.
The City shall recover interest on each year's pre-funding of costs
for the installation and 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.
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II III
RESOLUTIOli O.NTENTION ADlOOO
.
The assessment for si1id district shall be made and collected as
follows: The costs of installation, construction and incidentdj,; will be
collected over a period of five (5) years.
The costs of the annual maintenance contract, energy costs and
incidentals will be collected in perp,,,tuity unless otherwise terminated by
the City.
SECTION 6. That notice is hereby given that on April 6, 1992, at the
hour of 10:00 a.m., in the Council Chambers, in the City Hal I of said City,
there shall be a public hearing before said Mayor and Common Council for the
purpose of determining whether the public convenience and uecessity require
the formation of the proposed landscape installation and maintenance district
without compliance with the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931 and whether the Mayor and Common COlmcil should
proceed with ordering the above described improvements and maintenance.
At said hearing, any and all persons interested may appear and show
cause, if any they have, why the Mayor and Common Council should not find and
determine that the public convenience and necessity require the formation of
the proposed district without compliance with the Special Assessment
Investigation, Limitation and Majority I'rotest Act of 1931; on the question
of estimated cost, and the intention of the Mayor and Common Council to
proceed to order work within the dbtrict.
SECTION 7. At said public hearing, all persons will be heal'll, any
holder of title to taxable real property within the boundaries of the
proposed district may file a protest in writing with the City Clerk, not
later than the hour hereinabove set for hearing, containing therein a
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II III
RESOLUTION
OiliNTENTION ADI000
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description of the property in which the signer thereof is interested
sufficient to identify the same, and, if the signers are not shown on the
last equalized assessment roll as the owners of such property, must contain
or be accompanied by written evidence that such signers are the owners of
such property. The basis for determining the existence of a majority protest
shall be based on the number of assessable units per respective lots or
parcels involved in proportion to the total of assessable units of the entire
district.
SECTION 8. The City Clerk is authorized and directed to cause a copy
of this resolu1..ion 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. As this district is larger than one half square mile in
area, the City Clerk shall post a Notice of the adoption of the Reso lution of
Intention on or near the Council Chambers at least five (5) days prior to the
time and date fixed for the hearing pursuant to Section 12.90.040C(2) of the
Municipal Code of the City of San Bernardino.
SECTION 10. A copy of this resolution and a map showing the exterior
boundaries of the proposed landscape maintenance 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 landscape maintenance district.
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02-10-92
5
RESOLUTION
OF INTENTION AD1000
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II III
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common CmUle; 1 of the City of San Bernardino at il
meeting thereof, held on the
following vote, to wit:
Council Members:
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
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day of
AYES
NAYS
ABSTAIN
City Clerk
The foregoing resolution is hereby approved this
, 1992.
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
)
c~'1"Y..4--&.'\
III
02-10-92
W.R. Holcomb, Mayor
City of San Bernardino
6
. 1992, by the
ABSENT
day of