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HomeMy WebLinkAbout15-Public Works IF ..,.. .~- . - REQUEST .g~ NO. 14.40-83 CITY OF SAN BERriRDINO - COUNCIL ACTION 0: ROGER G. HARDGRAVE, Director Dept: Public Works/Engineering Subject: Resolution of Intention: North "R" st. Area Lndscp. Maint. District (AD1002) Dau: February 25, 1991 Synopsis of Previous Council ection: 5-21-90 --- Authorization to proceed granted by motion. Recommended motion: o Adopt Resolution. cc: Shauna Edwins, City Administrator Andrew Green, Director of Finance James F. Penman, City Attorney Verne Nadeau 384-5026 Phone: Ward: Contact person: Staff Report, Map, Engr' s Rpt. Supporting dlta atteched: 5 $3,000.00 FUNDING REQUIREMENTS: Amount: Source: (Acct. No.1 251-682-53925 (Acct. DescriDtionl To be paid from up-front money by Developer QunCil Notes: Assess. Distr. 1002 Finance: ~., \ };J - - A__...... 1+8"' 1\.1" /.5 - ~ ] -- II CITY OF SAN BERN~DINO - REQUEST FQ. COUNCIL ACTION o STAFF REPORT This action is the result of a request of the developers of the North "R" street area in response to the requirement of the City to establish an assessment district for the maintenance of landscaping along portions of "R" street North of 53rd street and along the Southerly bank of the Flood Control dike which adjoins Tracts No. 13554-1 thru 7 on the North. The purpose convenience maintenance within the ~aintenance of the action is to preliminarily determine that and necessity require the formation of a district; declaring the intention to proceed to district to be known as the "North "R" Street Area District" the public landscaping order work Landscaping 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. o o 2-25-91 o 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 o o ~ o o RESOLIJTIOK NO. RESOLUTION OF THE CITY OF SAN BE~~ARDINO PRELIXINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE 'lAINTENANCE ASSESSMENT DISTRICT LOCATED Hi THE NORTH "H" STREET AREA: DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO.1002, AND WAIVING NOTICE AND 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 wrffiREAS, it has now become necessary to consider the formation of a landscape maintenance assessment district within the City. to be known as Assessment District No. 1002: NOW. THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO THAT: SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code. the Mayor and Common Council of said City hereby preliminarily find and determine that the public convenience and necessity require and it is the intention of the Mayor and Common Council to form Assessment District No. 1002. the boundaries of which are generally as follows: Generally bounded on the West, South. East and North by the boundaries of Tracts No. 13554-1, 13554-2, 13554-3, 13554-4, 13554-5, 13554-6 and 13554- 7 together with the South slope of the Flood Control dike which adjoins Tracts No. 13554-4. 13554-5 and 13554-6 on the North. III III 2-25-91 . , o o o 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 II RESOLUTION OF I~NTION AD 1002 o 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 Council to order improvements within the district which improvements consist of, but are not limited to, the maintenance of landscaping and appurtenant facilities in portions of both sides of "H" Street, North of 53rd Street and in the South bank of the San Bernardino County Flood Districts dike which adjoins the area on the North. The estimated annual cost of said maintenance, including incidental costs is $6,296.00. 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. III III III III III 2-25-91 II o 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 o o .. RESOLl.,'TION OF III INTENTION AD o -- - 1002 a 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 total sum of the cost of the maintenance and incidentals within the area in relation to the total number of single family residences 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 cost of the maintenance shall be pre-funded by the City and the assessment 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 pre-funding. The City shall recover interest on each year's pre-funding of cost 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. 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 to proceed without Notice and Hearing pursuant to Section 12.90.04OC(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 resolution and a map showing the exterior boundaries of the proposed improvement district with relation to the 2-25-91 fI o 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 o o lW . .,WI ~ Jll. ~ RESOLulION OF INTESTION ADI002 o o 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 HEREBY CERTIFY that the foregoing resolution was duly adopted by the ~ayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1991, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ESTRADA REILLY FLORES MAl.,llSLEY I1INOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this day of . 1991. W.R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney -25-91 1/ C1. ._ .... ~ o ~II ~ - "I I III II -II I 52 en I i- - ~ I r:a"U 0 . . , ~~ ~ - ! I ~I m : n t !I i -.- I ~ Z a ''fIII'' . N . = i t I . IBI~ = I , , - -' - .- ~ li1~ ;lil I.I'IIU- II ~ i.11~;iill . , i I "1' :-Ir r',f " d "EI' , , " . t!fJ r , f (I\'I , 0 !,;jl J: r ','Wif , !ill! o o o o ..d l!li A ~ o February 25, 1991 File No. 14.40-83 PROPOSED ASSESSMENT DISTRICT NO. 1002 ENGINEER'S REPORT CITY OF SAN BERNARDINO NORm "H" STREET AREA LANDSCAPING MAINTENANCE DISTRICT - ~-> o o o o o CITY OF SAN BERNARDINO ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1002 PETITION -- On April 24. 1990, this office received a petition from FORECAST CORPORATION for the establishment of an assessment district for the maintenance of landscaping for Tracts No. 13554-1 thru 7 as 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. AUTHORIZATION TO PROCEED -- On May 21. 1990. 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 May 22. 1990, and pursuant to Chapter 12.94.030 of the Municipal Code, the developer was requested to up-front the estimated cost of $3.000.00 to cover the cost of the proceedings. The deposit was received on July 5. 1990 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 deposit. then the remainder can either be paid in a lump sum by the developer or assessed against the properties involved. EASEKENTS --Although the Tracts are recorded, the area lying North of and adjacent to the Tracts will be maintained by the District. Easements from the San Bernardino County Flood Control District will be obtained allowing the City the right to maintain the landscaping which is on the Southerly slope of the Districts dike along the North side of the Tracts. This area is outside the dedicated rights of way as the district cannot function on private property. DESCRIPTION OF IMPROVEIIENTS -- The improvements to be maintained include a strip of ground cover. shrubs and trees along portions of the East and West sides of "H" Street, North of 53rd Street and the maintenance of trees only located on the bank of the Flood Control lying North of and adjacent to the North boundaries of the Tracts. 1 o o o .' ~ .... - .L o o 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 22, 1990, the boundaries of the proposed district were determined and are delineated on the attached Proposed Boundary Map of Assessment District No. 1002. The property involved presently are Tracts No. 13554-1, 13554-2, 13554-3, 13554-4, 13554-5, 13554-6 and 13554-7. The boundaries also include that portion of the Flood Control bank which is to be maintained. 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 ASSESSKIlNT -- 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 residence, a condominium or an apartment will be assessed an equal share in the cost of maintenance (1 residential unit - 1 assessment). Under a situation where vacant land is included within the district. the property will be arbitrarily divided into 7,200 square foot lots minus 25S 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. · 2 o o o .- ~ . ill ~ o o 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 District Reserve Fund, presently they come from the General Fund. ASSESSMENT ROLL -- Presently there are 286 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. It is anticipated that the annual assessment for each single family residence will be approximately $22.00. 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 interest. 3 o o o II 8U . o o COST sutlHARY FIllST YEAR: Cost of proceedings only. estimated at (See Exhibit 3) $3.000.00 ==========================..====_===========_=====_====~==.===.s.====.===.=...== SUBSEQUENT YEARS -- maintenance and administration annually. (See Exhibit 4) Ground Cover -- 12 feet wide and 83 feet long along the west side of "H" Street. 83 lin. ft. X 12 = 996 sq. ft. ~ $0.40 per sq. ft $ 398.00 12 feet wide and 460 feet long along the East side of "H" Street. 460 lin. ft. X 12 = 5.520 sq. ft. ~ $0.40 per sq. ft. $2.208.00 6 feet wide and 28 feet long along the East side of "H" street at 56th Street. 28 lin. ft. X 6 = 168 sq. ft. ~ $0.40 per sq. ft. $ 67.00 Flood Control Area: A total of 70 trees to be maintained ~ 10.00 per tree $ 700.00 Inspection by Park & Recreation Dept. 2 hours per week at $20.00 per hour including benefits per year $2,080.00 Assessment ~naineering -- including preparation of annual assess.ent roll. agenda iteas, resolutions, correspondence and transmittal to County Auditor/ Controller. 20 hours per year at $20.00 per hour including benefits $ 400.00 Water and Electrical Costs 6.684+700 sq. ft. at $0.06 per sq. ft. $ 443.00 TOTAL ESTIMATED COST $6.29'.00 4 o o o ..... IlL ~ u o o ENGINEER'S STATBKENT 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. 1002. ~G'~ Director of Public Works/City Engineer Filed in the office of the City Clerk this Z6-H, day of FcJ,""'1I"'f , 1991. 5 "'..,- " u ~' . . :.. .. ... ..- . . .. ".. .. .;:~l- r.';:.... Z'" o o .~:.;~.:::;~ii::'!iJ/ ' i1 \/ ...., "--', .r--4/ J.:1!.! I hi ... ..... ....- . till '1'---.,.... _........... _ III A.Uc. ""T' "";"."-- : ,Y r-- NATIONAL --=-=_,=1/1, ~ - - ~i , . .; ~ ./ ",.,.y vf , i -' L .~. " -.....\ --------- " ..... ..- .-.. \ ,/' I , \\ r~ V:l 'j 'v r._jU ., / '~.L-==W: ; I ----"'-=j-- . , I l~;~ ~.., ,_/ . , ~ " "'W -.., ., ;y ;;; ,,- ,. '''.;.-. " -' ''';;;it I' .I~ ~. ~ J , ~. 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