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HomeMy WebLinkAbout68-Public Works IPA ~ III/Y~M~YfIMII~MIIIMI~IM~~ --~- - -- © O File No. 14.40-72 ~17~1f OF SAN BERNARDINO -REQUEST FOR C ACTION ~rom:ROGER G. 11ARDGRAVP, Director Resolution of Intention --- Verdemont REC~~•'A~~'s3l. ~°plect: and Olive Landscape Maintenance Dis- Dept: Public works /Engineering ~ ~ AN 2: 33 trict (AD 991) Dates May 30, 1989 Synopsis of Previous Council action: 04-17-89 --- Authorization to proceed was given. Recommended motion: Adopt Resolution. cc: Jim Robbins, Acting City Administrato Jim Richardson, Deputy City Administr gnature James Penman, City Attorney Andrew Green, .Director of Pinance Contact person Les Fogassy Phone: 5334 Supporting data attached: Staff Rep. ,Eng.Rep. , Resolution Ward: 5 FUNDING REQUIREMENTS: Amount: $ 3.000.00 Source: (Acct No1251-666-53925 (Tex Bill Assessment) Axt. Descri tin Assessment D To be paid from monies advanced by the developer Finance: ~ , ~uncil Notes: ~ 75.0262 Agenda Item No CITY ~ SAN BERNARDiNO -REQUEST FOR COUNCIL ACTION Q STAFF REPORT This action is the result of n request of the developers of the Verdemont and Olive Area in response to the requirement of the City to establish an assessment district for the maintenance of landscaping along portions of Verdemont Drive, Garfield Avenue end Ohio Avenue. 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 "Verdemont and Olive 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 herewith for your convenience. 1 !i A v 5-30-89 i TS-0264 o Mny 30, 1989 ® File No. 14.40-72 IdiGINBSR'S RBpORT CITY OF SAN HSRNARDINO PROP03SD A93843!®iT DISTRICT N0.991 VBBDBZfON'f AND OLIVB AREA LANDSCAPING lIAINTIDlANCE DISTRICT ,' CITY OF SAN BERNARDINO ® ENGINEER'S REPORT ASSESSMENT DISTRICT N0. 991 P'Sl'ITION -- On March 20, 1989, this office received a petition from Monig '' Development, Inc. for the establishment of an assessment district for the maintenance of landscaping for Tract No. 12413 and Tentative Tracts No. 12461, 12460 and 13619 ns delineated on the attached vicinity map. ~ This petition was the result of a requirement placed upon these Tracts by the City to relieve the Department of Parks and Recreation from having to maintain the areas. AUTBO1tIZATION Yb PAOCffi) -- On April 17, 1989 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 cans directed to prepare this report. ADVANCB OF ESTIMATED COSTS -- On April 20, 1989, and pursuant to Chapter 12.94.030 of the Municipal Code, the developer was requested 1-to advance the estimated cost of 53,000.00 to cover the cost of the proceedings. The deposit was received on May 5, 1989 and raa © 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 ere more than the deposit, then the remainder can either be paid in n lump sum by the developer or assessed against the properties involved. EASH~iT3 --Although the property is presently undeveloped, when the Tracts are recorded, certain easements for Landscape Maintenance purposes will be granted on the Tract Maps 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. i DESCRIPTION OF Il~VE1~1'1S -- The improvements to be maintained include n { strip of ground cover on the South side of Verdemont Drive, the North , end South sides of Garfield Street, between Palm Avenue and Olive Avenue, and the North and South sides of Ohio Avenue, all between Palm Avenue and Olive Avenue. 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 cantering systems, electric and water meters which can be monitored end billed directly to the assessment district for inclusion into the annual assessment rolls after a one year plant guarantee period by the developer. -1 p O .' DS9CRIP'fION OF BOUNDARIES -- On March 30, 1989, the boundaries of the proposed district were determined and are delineated on the attached Proposed Bcundnry Mep of Assessment District No. 991. The properties Q involved presently are all of Tract No. 12413 and tentative Tract No.s 13619, 12460 and 12461. VICINITY MA? - 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 AS3S3.9l~i'1' --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 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 residences a condominium or an appertment 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. ! 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 I 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 District Reserve Fund, presently they come from the General Fund. i A33E33M®!T ROLL -- Presently there are 28 parcels, 4 of which are vacant, liable to be assessed which constitute 137.57 family units according to formula. When all of the Tracts are complete, there will be 93 assessments. The proposed assesssment roll has been prepared to I. 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 $ 126.40 each for subsequent years. 1 -2- p O HONDB -- 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 coats O incurred for the maintenance and administration of the district plus intea~est. I i 'i it 1 1 i C ~I -3- p cosT SUll1A4Y FIp3T YBAiC: Cost of proceedin3s only, estimated at S 3,000.00 (See Exhibit 3) sssasassaxssms:s:asassasssssasssmsassssassas:ss:sszs:aasssssssssssa:sa:sss:sasss Sl)ffiBQUENT YEA16S - maintenance and administration equally. (See Exhibit 4) Ground Cover --4 feet wide along the South sides of Verdemont Drive, Garfield Street and Ohio Avenue and 10 feet wide along the North sides of Garfield Avenue and Ohio Avenue, within the district boundary. 3,650 lin. ft. X 4 ft. = 14,600 sq. ft. 2,200 lin. ft. X 10 ft. a 22x000 sq. ft. A total of 36,600 sq. ft. at $0.20 per sq. ft. $ 7,320.00 i Inspection by Perk 8 Recreation Dent. 2 hours per week at 520.00 per hour including benefits per year $ 2,060.00 ® Assessment EnRineerinpi -- including preparation of annual assessment roll, agenda items, resolutions, correspondence and transmittal to ~ County Auditor/Controller. j 8 hours per year at S20.00 per hour including benefits. S 160.00 j Water nad Electrical Costs 36,600 sq. ft. at 50.06 per sq. ft. S 2,196.00 TOTAL B3TIMATBD COST 511,756.00 i ' -4- p B]iGIN8t~1' S 3TATBf®iT The above information together with the attached Assessment District Map and Proposed Assessment Roll is being filed 'pursuant to Chapter 12.90 of the Snn Bernardino Municipal Code relative to the forthcoming Resolution of Intention for the establishment of an Assessment District to be known as Assessment District No.991. © G. Director of Public Works/City hhgineer Filed in the office of the City Clerk this _ ~D~ day of ~tr.~ 19 4~i . I ~rr~ r.W. [r~ rr~~r""'~- Q ,...r': _ ~t, .i A~ a~s1t«'r ~ ~ t 'i ,tpa.s~ s ~ 'ems ~ s_~ ; L ( f .fL., u: ~, i r.Y I ti.s i I' ~ ...---•.l ~ f t` 1.....' i fr~ ~ I s ~ L } 1 ,j t 'i w » 1 ~ ~n ~" ,1 i L ,'~ Y~~,wrr ', { C E. ~ 1 1 i . a=~iirsti F f ~~;r~' ~~''yi~ic ii 1;~, f. ^ ;~ajcs^i ', ~ ~ `t+' FFS~~ ~ i~ ,-~ x~i4 i :sib;~~^ I '~ ~r ~.w-- ~ ~ ~ N ~ ,a .s; ~ ~ 4, w -1 i ` I ~.., ~ € ~ ~ ~ ~o x ® f , a s ~ " ~ t ~ ~ -~ ~, ~ ~ t{t[ ~ it ~ ~ I .~1.(.i illOl. l.R O 1 ~ ~ ~ ~ t s~~ ~ o m i 'o s.~•ri E~cl~i6r~ ~ ' •POSED VERDEMONT AND PALMQtEA AND3CAPfi MAINTENANCE DISTTII~NTCT PROPOSED A33E33MENT ROLL - AD 991 A83833MENT N0.'~ A93E330R'3 PARCEL NO. AMOUNT OF A33E33MENT 1 0261-471-OL S 21.80 2 0261-471-02 21.80 3 0261-471-03 21.80 4 0261-471-04 21.80 5 0261-471-05 21.80 6 0261-471-06 21.80 7 0261-471-07 21.80 8 0261-471-OB 21.80 9 0261-471-09 ;'71.s0 7 10 0261-471-10 21•~ r ~ 11 0261-471-11 21.80 12 0261-471-12 21.80 ® 13 0261-471-13 21.80 14 0261-471-14 21.80 lg 0261-471-15 21.80 16 0261-471-16 21.80 17 0261-471-17 21.80 18 0261-471-18 21.80 19 0261-471-19 21.80 20 0261-471-20 21.80 21 0261-471-21 21.80 22 0261-471-22 21.80 j 23 0261-471-23 21.80 R 24 0261-471-23 21.80 i © 25 0261-042-OS 794.39 1 05/30/89 EXHIBIT 3 PAGE 1 OF 2 p O A33E3SMENT NO. A33E33OR'3 PARCEL NO. AMOUNT OF A33ESSMENT 26 2661-042-07 $ 840.83 27 0261-471-08 642.88 28 0261-471-02 197.73 TOTAL3 28 ITEMS FOR S 2,999.03 I I I b 05/30/89 EXHIBIT 3 PAGE 2 OF 2 ,© ." PROPO3BD VBRDBMONT AND PALM ARBA LANDSCAPE MAINTBNANCE DISTRICT PROPOSED A33E33MBNT ROLL - AD 991 • Y , A83B83MBN~'~fO.,~;. ~ A33E33OR'9 PARCEL NO. AMOUNT OF A33E33MENT ,r 1 0261-471-01 $ 85.45 2 0261-471-02 85.45 3 0261-471-03 $5.45 4 0261-471-04 85.45 5 0261-471-05 85.45 j 6 0261-471-06 85.45 I 7 0261-471-07 85.45 ~ 8 0261-471-08 ;`85:45 ~ 9 0261-471-09 x 85.45"' 10 0261-471-10 85.'~ 11 0261-471-11 iS.~S © 12 0261-471-12 85.45 13 0261-471-13 85.45 ~ 14 0261-471-14 85.45 15 0261-471-15 85.45 16 0261-471-16 85.45 17 0261-471-17 85.45 18 0261-471-18 85.43 19 0261-471-19 85.45 20 '~ 0261-471-20 85.45 21' 0261-471-21 85.45 22 0261-471-22 85.45 23 0261-471-23 85.45 © 24 0261-471-23 85.45 25 0261-042-05 3,113.80 05/30/89 EXHIBIT 4 PAGE 1 OF 2 © O ASSESSMENT NO. ASSE33OR'S PARCEL NO. AMOUNT OF ASSESSMENT 26 2661-042-07 $ 3,295.81 27 0261-471-08 2,519.92 2g 0261-471-02 775.03 TOTALS 28 ITEMS. FOR S 11,755.36 i o 05/30/89 EXHIBIT 4 PAGE 2 OF 2 Q l RESOLUTION NO. 2 RB30LUTION OF TBE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING TBAT PUBLIC CONVBNIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE 3 MAINTENANCE ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEED TO ORDER WORR WITHIN THE DISTRICT, TO BE KNOWN A3 ASSESSMENT DISTRICT N0. 4. 991, AND WAIVING NOTICE AND HBARING. 5 WHEREAS, the City of San Bernardino (hereinafter called "City") 6 as an exercise of its municipal affairs powers has enacted an 7 Assessment District Ordinance (Municipal Code Chapter 12.90) to provide 8 for the procedure for the formation of assessment districts within the 9 City; end 10 WHEREAS, it has now become necessary to consider the it formation of a Landscape Maintenance Assessment District within the City, to 12 be known as Assessment District No. 991; 13 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL ® 14 OF TBE CITY OF SAN BERNARDINO THAT: SECTION 1. Pursuant to Chapter 12.90 of the San 15 Bernardino Municipal Code, the Mayor and Cocoon Council of said City 16 hereby preliminarily find aad determine that the public convenience and 17 necessity require and it is the intention of the Mayor and Cocoon Council 18 to form Assessment District No. 991, the boundaries of which are 19 generally as follows: generally bounded on the North by the centerline of 20 Verdemont Drive, on the South by the South line of Ohio Avenue, on the East 21 by the centerline of Olive Avenue and on the West by the centerline of Palm 22 Avenue. Reference is hereby made to the Bngineer's Report on file in the 23 office of the City Clerk of said City for a map of the boundaries of said 24 district, a description of the type of improvement, an estimated cost of 25 ~ 26 the improvement, and n proposed assessment roll which Report and © Assessment District Map are hereby approved. 27 SECTION 2. It is the intention of said Mayor and Cocoon Council 28 05-30-89 RESOLUTION O~NTENTION:PROPOSID A33E33MENT DISTRICT N0. 991 ® ~ to order improvements within the district which improvements 2 consist of, but are not limited to, maintenance of landscaping and 3 all appurtenant facilities on the South side of Verdemont Drive, the North 4 and South sides of Garfield Avenue and the North and South sides of Ohio 5 Avenue, all between Pnlm Avenue and Olive Avenue. 6 The estimated cost of said maintenance, including ~ incidental costs is $11,756.00. 8 SECTION 3. Said contemplated work and improvements is of more 9 than local or ordinary public benefit, and that said Mayor and Common 10 Council do hereby make the expense of such work and improvement chargeable 11 upon the district, which district is hereby declared to be the district 12 benefited by said proposed work end improvement, and to be assessed to 13 pay the cost end expense thereof. All public streets or alleys, or ® 14 portions thereof, are hereby excepted from said assessment. 15 SECTION 4. The assessment benefit procedure to be followed and l6 the amount to be assessed against each particular parcel will be a 17 portion of the total sus of the cost of maintenance and incidentals within I8 the area in relationship to the number of single family residences on each 19 individual parcel within the boundaries of the nssesssent district. 2U Reference is hereby made to said Engineer's Report on file in the office of 2l the City Clerk for a detailed estimated individual assessment. ~ SECTION 5. The assessment financing alternative to be followed 23 shall bens follows, to-wit: 24 The cost of the saintenence shall bepre-funded by the City ~ and the assessment levied, collected and enforced in the seas manner, at 26 the same time, and with the same penalties and interest as in the case of ® 27 taxes levied for the City for the repayment to the City of said pre- ~ funding. 05-30-89 Z RESOLUTION OFION:PROFOSBD A33ESSMENT DIS~CT N0. 991 ® 1 City shall recover interest on each year's pre-funding of 2 cost maintenance of lendscapiag. Said interest shall beat the .average 3 rate as the City is receiving on other City funds during the period of 4 expenditure. 5 The costs of the maintenance contract end incidentals will be s collected in perpetuity unless otherwise terminated by the City. 7 SECTION 6. That the City elects to proceed without Notice 8 end Hearing pursuant to Section 12.90.040C(5) of the Municipal Code as 9 the request represents 100',6 of the property owners liable to be assessed 10 .for the maintenance. 11 SECTION 7. A copy of this resolution and a map showing the h 12 exterior boundarie§ of the proposed improvement district with relation l+ 13 to the territory immediately contiguous thereto and to the proposed © 14 improvement will be on file with the City Clerk end will be available 15 for inspection by any person or persons interested. This map shall govern 16 for all details as to the extent of the proposed improvement district. 17 18 / / / / / 19 ///// 20 ///// 21 22' 23 24 25 26. ® 27 28 '~ OS-30-89 3 RE30LlTfION OF`SNTSNTION:PROPOSED A33E3SMENT DI3TRICT N0. 991 1 I IiBREBY CERTIFY that the foregoing resolution wns duly adopted by 2 the Mayor and Cosmon Council of the City of San Bernardino at a 3 meeting thereof held on the day of 4 19 by the following vote, to-wit: 5 6 AYES: Council Members 7 8 NAYS: 9 10 City Clerk 12 13 Q 14 The foregoing resolution is hereby epproved this day of 15 19 ]6 17 W.R. Holcosb, Mayor City of San Bernardino 18 19 20 proved ns to form 2l aad legal content: ~ James Penman, City torney 23 ~,: 24 25 26 © 27 28 05-30-89 4