HomeMy WebLinkAbout43-Public Works
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'~ ~ File No. 14.40-66
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
ROGER G. HARDGRAVE, Director Subject:
Public Works/Engineering
Resolution of Intention:
& Macy Landscape Maint District
Dept:
Date:
April 24, 1989
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Synopsis of Previous Council action:
11-21-88 --- Authorization to proceed granted by motion.
Recommended motion:
Adopt Resolution.
cc: James Robbins, Acting City Administrator
Andrew Green, Director of Finance
James F. Penman, Ci ty Attorney
James Richardson, Dep.City Adm. Dev.
s,~
Contact person:
Vprnp Narlpau
Phone:
1R4-~0?n
Supporting data attached:
Staff Report, MaD,
Ward:
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FUNDING REOUIREMENTS:
Amount: ~2.000 00
Source: (Acct. No.)
251-661-53<ln
(Acct. DescriPtion)
Fi:::~~. ( D~ JJ-~"____
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Cnsts 'ip-fronted by Developer.
Council Notes:
75-0262
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Agenda Item No.~~,
CITY 'oF SAN BERNARD~O - REQU~T FOR COUNCIL ACTION
STAFF REPORT
This action is the result of a request of the developers of the
Rial to and Macy area in response to the requirement of the City to
establish an assessment district for the maintenance of
landscaping along portions of Rialto Avenue and in a Retention
Basi n located near the Southeast corner of Tract No. 14235.
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
"Rialto and Macy Area Landscaping Maintenance District"
At its meeti ng of December IS, 198B, the Envi ronmenta 1 Review
Committee found that the project was Categorically Exempt from
CEQA, Section 15304.
Pursuant to Chapter 12.90.040C(5l 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 herewith for your
convenience.
4-24-89
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Apri 1 24. 1989
File No. 14.40-66
ENGINEER'S REPORT
CITY OF SAN BERNARDINO
PROPOSED ASSESSMENT DISTRICT NO. 9B6
RIALTO AND MACY AREA LANDSCAPING MAINTENANCE DISTRICT
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CITY OF SAN BERNAROINO
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 986
PETITION __ On November 3, 1988. this office received a petition from FORECAST
CORPORATION for the establi shment of an assessment di strict for the
maintenance of landscapin9 for Tract No. 13532 and on February 16,
1989. we received another petiti on to incl ude Tract No. 14235 into the
same district as the two subdivisions lay next to each other as
delineated on the attached vicinity map. The petitions were the result
of requirements placed upon these Tracts by the City to relieve the
Department of Parks and Recreation from having to maintain the areas.
AUTHORIZATION TO P~OCEED -- On November 22, 1988. 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.
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ADYANCE OF ESTIMATED COSTS -- On November 22, 1988 and pursuant to Chapter
12.94.030 of the Municipal Code, the developer was requested to up-
front the esti mated cost of $2.000.00 to cover the cost of the
proceedings. The deposit was received on December 1. 1988 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 deposi t, then the remainder can ei ther be paid in a
lump sum by the developer or assessed against the properties involved.
EASEMENTS __ Although the property is presently undeveloped. when the Tract Map
for Tract No. 14235 is recorded, certain easements for Landscape
Maintenance Purposes will be 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 consti tute the "retention basin" area wi thin
Tract No. 14235 located at the Southeast corner of the subdivision.
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DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained incl udea
strip of ground cover on the South side of Rialto Avenue for the entire
distance within the boundaries of the district together with the
maintenance of the required "retention basin" in Tract No. 14235. The
retention basin area will be grass turf.
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 Recrea ti on and must provi de for separate wateri ng 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 quarantee period by the developer.
DESCRIPTION OF BOUNDARIES -- On February 17, 1989. the boundaries of the
proposed district were determined and are delineated on the attached
Proposed Boundary Map of Assessment District No. 986. The property
involved presently are Tracts No. 13532 and 14235 which are located on
the South side of Rialto Avenue, approximately 650 feet East and West
of Macy Stree t.
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 -- Landscapi ng and its proper maintenance enhances the
esthetics of any given area and the benefit received by the owners of
properti es in the area is de termi ned to be equa 1 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
condominium 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 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.
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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 the one (1) year 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, plus interest, and collected on the annual County Tax
bills. Eventually, these costs will come from the City's Assessment
Oi stri ct Reserve Fund, presently they come from the General Fund.
ASSESSMENT ROll -- Presently there are a total of 173 residential lots liable
to be assessed, 96 lots in Tract No. 13532 and 77 lots in Tract No.
14235. which will constitute 173 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
original vacant land, (as new parcel numbers are not yet available)
when built out each assessment would be estimated at $114.00 each for
subsequent years.
BONDS -- No bonds are to be sold on this proposed assessment district. The
costs will be up-fronted by the City and the assessments will be
collected on the County Tax bill annually based on actual annual costs
incurred for the maintenance and administration of the district plus
i nteres t.
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COST SlI4MARY
FIRST YEAR:
Cost of proceedings only, estimated at
(See Exhibit 3)
$2,000.00
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SOOSEQIENT YEARS -- N1ntenance and adll1nhtrat1011 annually.
(See Exhibi t 4)
Ground Cover -- 5 feet wi de along enti re length
of Ria~venue within the district boundary.
1,250 lin. ft. X 5 = 6,250 sq. ft.
at $0.18 per sq. ft.
Ground Cover -- A triangular tapering strip
at the We"Sierly end of the district and on the
South side of Rialto Avenue.
370 lin. ft. X 70 divided by 2 = 12,950 sq.ft.
at $0.18 per sq. ft.
Turf -- A total of 40,000 sq. ft. of turf
TSTnvolved in the "retention basin" area to be
maintained.
40,000 sq. ft at $0.22 per sq. ft.
Inspection ~ Park & Recreation Deptf
3 hours per weer-it-$25.00 per hour ncluding
benefits per year
Assessment Engineering -- 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
benefi ts
Water and Electrical Costs
~Osq. ft. at $O.lr6per sq. ft.
TOTAL ESTIMATED COST
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$1,125.00
$2,196.00
$8,800.00
$3,900.00
$ 300.00
$3,552.00
$19,873.00
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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 Assessment District to be known as Assessment
District No. 986.
0td,.1.~(~
Director of Public Works/City Engineer
Filed in the office of the City Clerk
this ~.,IJt day of ~I
. 19~.
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1989-90 ASSESSMENT ROLL. A. D. 986
ASSMT ASSESSORS TOTAL ASSMT
NO. PRCL. NO.
1 0142-151-25 554.91
2 0142-151-06 554.91
3 0142-151-05 289.01
4 0142-112-21 300.57
5 0142-112-01 300.57
TOTALS
1999.97
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1989-90 ASSESSMENT ROLL, A. D. 986
ASSMT ASSESSORS TOTAL ASSMT
NO. PRCL. NO.
1 0142-151-25 5513.89
2 0142-151-06 5513.89
3 0142-151-05 2871.81
4 0142-112-21 2986.69
5 0142-112-01 2986.69
TOTALS
19872.97
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMfNARILY
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
3 FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT:
DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE
4 DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 986, AND
WAIVING NOTICE AND HEARING.
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WHEREAS, the City of San Bernardino (hereinafter called
7 "City") as an exercise of its municipal affairs powers has
8 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 W HER E AS. i t has now be com e n e c e s s a r y to con sid e r the
12 formation of a landscape maintenance assessment district within
13 the City, to be known as Assessment District No. 986;
14
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
15 COUNC IL OF THE CITY OF SAN BERNARDINO THAT:
16
SECTION 1.
Pursuant to Chapter 12.90 of the San
17 Bernardino Municipal Code, the Mayor and Common Councfl of said
18 City hereby preliminarily find and determine that the public
19 convenience and necessity require and it 15 the intention of the
20 May 0 ran d Com m 0 n Co u n c 11 to for mAs s e ssm e n t D i s t r i .c t No. 986,
21 the boundaries of which are generally as follows:
22 Generally bounded on the East by the East line of Tract
23 No. 14235, bounded on the West by the West 1 i ne of Tract No.
24 13532, bounded on the South by the South lines of Tracts No.
25 14235 and 13532, bounded on the North by the centerline of
26 R1alto Avenue.
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RESOLUTION OF INTENTION AD986
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
Counci 1 to order improvements wi thin the di stri ct whi ch
improvements consist of, but are not limited to, the maintenance
of landscaping on the South side of Rialto Avenue between the
West line of Tract No. 13532 and the East line of Tract No.
14235 together with the maintenance of landscaping and
appurtenant facilities in the Retention Basin located near the
Southeast corner of Tract No. 14235.
The estimated cost of said maintenance, including
incidental costs is $19,873.00.
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.
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REsoLuTION OF INTENTION AD986
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SECTION 4. The assessment benefit procedure to be fol-
2 lowed and the amount to be assessed a9ainst each particular
3 parcel will be a proportion of the total sum of the cost of the
4 maintenance and incidentals within the area in relation to the
5 number of single family residences within the district.
6 Reference is hereby made to said Engineer's Report on file in
7 the office of the City Clerk for a detailed estimated individual
8 assessment.
9
SECTION 5. The assessment financing alternative to be
10 followed shall be as follows, to-wit:
11 The cost of the maintenance shall be pre-funded by the
12 City and the assessment levied, collected and enforced in the
13 same manner, at the same time, and with the same penalties and
14 interest as in the case of taxes levied for the City for the
15 repayment to the City of said pre-funding.
16
The City shall recover interest on each year's
17 pre-funding of cost maintenance of landscaping. Said interest
18 shall be at the average rate as the City is receiving on other
19 City funds during the period of expenditure.
20
The assessment for said district shall be made and
21 collected as follows: The cost of the maintenancecon~ract,
22 energy costs and incidentals will be collected in perpetuity.
23 unless otherwise terminated by the City.
24 The cost of the maintenance shall be pre-funded by the
25 City and the assessment levied, collected and enforced in the
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RESOLUTION OF INTENTION AD986
1 same manner, at the same time, and with the same penalties and
2 interest as in the case of taxes levied for the City 'or the
3 repayment to the City of said pre-funding.
4
SECTION 6.
That the City elects to proceed without
5 Notice and Hearing pursuant to Section 12.90.040C(5) of the
6 Municipal Code as the request represents IOOS of the property
7 owners liable to be assessed for the maintenance.
8
SECTION 7. A copy of this resol ution and a map showing
9 the exterior boundaries of the proposed improvement district
1<T with relation to the territory immediately contiguous thereto
11 and to the proposed improvement will be on file with the City
]2 Clerk and will be available for inspection. by any person or
]3 persons i ntere s ted. This map shall govern for all detai 1 s as to
14 the extent of the proposed improvement district.
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4- 4-89 4
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RESOLUTION OF INTENTION AD986
1 "I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
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3 Bernardino at a meeting thereof, held on the
day
4 of ,1989, by the following vote, to wit:
5 AYES: Council Members
NA YS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1989.
Evlyn WilCOX, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
By: 4n/n?/-~ )
./
4-24-89
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