HomeMy WebLinkAbout32-Public Works
CITY OF SAN BERN(jfDINO
,. ..
File No. 14.40-94
- REQUEST ~ COUNCIL ACTION
From:
ROGER G. HARDGRAVE, Director
Su bject:
Resolution of Intention: Pepper and
Randall Landscape Maintenance Assess-
ment District (Tentative tract No.
15315 - AD 1007).
Dept:
Public WorksjEngineering
Date:
June 29, 1992
Synopsis of Previous Council action:
04-20-92 --- Authorization to proceed granted by motion.
Recommended motion:
ADOPT RESOLUTION
cc: Shauna Clark, City Administrator
Andrew Green, Director of Finance
James Penman, City Attorney
Contact person:
. Staff
Supportmg data attached:
LES FOGASSY
Phone:
5334
Report. Reso., Engr' s Rpt.
Ward:
3
FUNDING REQUIREMENTS:
Amount:
$4.000
Source: (Acct. No.)
251-693-53925
Acct. Oescri tion
Cost of proceedings paid for by developer.
Assess. Distr. 1007
Finance:
Council Notes:
75-0262
Agenda Item No
L1:J..
-
C:IT\\ OF SAN BERNODINO - REQUEST FCA COUNCIL ACTION
STAFF REPORT
This action is the result of a request of the developer of Tentative Tract No.
15315 in response to the requirement of the City to establish an assessment
district for the maintenance of landscaping along portions of Pepper Avenue and
Meridian 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 "Pepper and Randall 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.
The developer has deposited and amount of $4,000 with the City,
costs of proceedings for the establishment of the district. Any
will be refunded.
to cover the
unused portion
The costs for the maintenance within district will be paid for by the City, and
will then be assessed to each lot within the district, .p1us interest at the
prevailing portfolio rate. It is proposed that an interfund loan from the Sewer
Line Construction Fund will be used to front the maintenance costs.
Presently there are 6 vacant parcels within the proposed district, 2 of which are
County Flood Control property and will not be assessed. When the Tract is
complete, there will be 58 assessments. 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. Although the assessment roll as
attached represent the parcels as they now exists, when built out each assessment
would be estimated at $91 each for subsequent years.
'5-0264
d
z
0-
<(
~
<<
"
>- i!i
<(a:: ~ ~
o ~u
o z ~;
UJ ....... ffi ~
en-''"g
~ g ~ u
O !>
a::1-~~
0- (,) ~
a: ~~
..... u
en
15
.....
Z
LLJ
:E
en
en
LLJ
en
en
<(
f'-
o
o
o
]l'lN3^,1
~J '
,I
...
~
~
.
.
w
.
.
~
z
<<
~
--'
,
.
I ~ I
i i I
j . \
....r-.
,
~
,
;
O"'~'J'8S
-
, -
'-, . I
~ ,
, \
, ~ ,
\ ~ , ~
\ u I ,
- I , ~ i
. , ~ ,
, z I
, . ,
. ,
, . , ,
'. ~
, . I
I , ,
--,=-'
,
,
,
o
""f'"
1
,.
.
"
- -
- ~ ,
, " -
\ S I I!
, .. I _.
\:;; ,
I ~ ,
I: I
I ~ ~
,
17Z
0 Ul
Z~ ~ w
o~
0:::
<( ~ i
Zu w
0::::; ~ iI
W!!l ~ ~
'" C
000- ~ !>
, c
Z.. !!l '"
<(0 ~i!;
CJ) ~ %
I-
LL~ '" '"
0 w ~ i
::. w
l- . -
>-0:
t-If
-w
-L,....:.,.
i it
~ I. I,: II
I ';:; \
I ....""
I ,,_
,
,
,
.,
<
~z .. ..
'. III '"
il; z E
., I .
, ~ ,
I', :-
I', ~ -!
~ = ~...."
- ~ : .n:::
I', ':' !:o;
II
"
II
;-
;: l og
~! :
'" ~ .
~ J> ?
..t"i),
j;",
~~;
i i ~ g
~ ~ ~ ~
,
.
"
-
o
o
June 29. 1992
File No. 14.40-94
ENGINEER'S REPORT
CITY OF SAN BERNARDINO
PROPOSED ASSESSMENT DISTRICT NO.I007
PEPPER AND RANDALL AREA LANDSCAPE MAINTENANCE DISTRICT
o
o
CITY OF SAN BERNARDINO
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1007
PETITION -- On April 1, 1992, this office received a petition from R.L.
Construction for the establishment of an assessment district for the
maintenance of landscaping for Tentative Tract No. 15315 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 April 20, 1992, notification of this petition was
presented to you 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 April 22, 1992 and pursuant to Chapter 12.94.030
of the Municipal Code, the developer was requested to deposit the
estimated cost of $4,000.00 to cover the cost of the proceedings. The
deposit was received on May I, 1992 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.
HASEKENTS --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. The easements also include areas. of
setback maintenance, as described below.
DESCRIPTION OF IKPROVllKENTS The improvements to be maintained include a strip
of ground cover and trees on the East side of Pepper Avenue and the West
side of Meridian Avenue for the entire distance within the boundaries of
the district.
AREAS OF SETBACK MAINTENANCE -- Areas of setback maintenance include. but are not
limited to the maintenance of front and side yards within the setback
area. These areas will only be maintained in the event of owner neglect
and the costs for such maintenance will be assessed against each
respective parcel. The setback includes the slope area adjacent to the
Flood Control Channel within the District.
Engineer's Report - AD 1007
o
o
Page 2
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 April 1, 1992, the boundaries of the proposed
district were determined and are delineated on the attached Proposed
Boundary Map of Assessment District No. 1007. The properties involved
presently are portions of Town of Rialto and Adjoining Subdivisions. The
boundaries of the proposed district are as follows: The centerline of
Pepper Avenue on the West, the centerline of Meridian Avenue on the East,
San Bernardino County Flood Control District property on the South and the
South lines of Tracts 12775 and 6869 on the North.
The boundaries also include San Bernardino County Flood Control property,
which will Dot be assessed.
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 --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 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 Rolls are prepared on
the same basis. The City will pay the costs of the annual contract in
advance 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.
Engineer's R~port - AD 1Uu7
~~
U
o
Page J
ASSESSMENT ROLL -- Presently there are 4 vacant parcels liable to be assessed
which constitute 80 family units according to formula. When the Tract is
complete, there will be 58 assessments. 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. Although the
assessment roll as attached represents the vacant land. when built out
each assessment would be estimated at $91 each for subsequent years.
BONDS -- No bonds are to be sold on this proposed assessment district. The costs
will be prepaid 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.
Engineer's Report - AD 1007
C'
o
k'age 4
COST SUMMARY
FIRST YEAR:
Cost of proceedings only, estimated at
(See Exhibit 3)
$4.000.00
================================================================================
SUBSEQUENT YEARS -- maintenance and administration annually.
(See Exhibit 4)
Ground Cover and Trees -- 3 feet wide strip along entire
length of Meridian Avenue, within the district boundary,
and 8 feet wide along the entire length of Pepper Avenue.
within the district boundaries:
361 lin. ft. x 8 = 2,BBB sq. ft. (Pepper Ave.)
443 lin. ft, x 3 = 1,329 sq. ft. (Meridian Ave.)
TOTAL = 4.217 sq. ft. ~ $.50 per sq. ft.
$ 2.108
Insvection by Park & Recreation Dept.
2 hours per week at $20.00 per hour including
benefits per year.
$ 2.0BO
Assessment En~ineerin~ -- including preparation of
annual assessment roll. agenda items. resolutions.
correspondence and transmittal to County Auditor/
Contro 11 er .
20 hours per year at $20.00 per hour including
benefits
$
400
Water and Electrical Costs
4,2l7 sq. ft. at $0.06 per sq. ft.
$
253
TOTAL ESTIMATED COST
$ 4,B41
COSTS FOR AREAS OF SETBACK ARE NOT INCLUDED HERE AS THEY ARE ONLY REQUIRED IN THE
EVENT OF OWNER NEGLECT.
Engineer's Report - AD
"
1007
o
.::J
Page
'>
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.1007.
,~Q~
Director of Public Works/City Engineer
Filed in the office of the City Clerk
'?a/ ~
this ,-;/ '~'7l day of C,?-/ A-/'
//
, /
-;
&7/"6:- -f" R;dd "";>-
CITY CLERK .
~4.:~' 7k 4/*"-7
. 1 cP!x.,
~
l/
o
o
,^
s t.--.,
. ) ::.~ L_n_-.
.
....rr--. ~-1:-';
t, ::
.-L____J r'
\.
,
',,.
,
c-.)
~
\
s
'\ " cn-d:
\~\ ',''''''; ~~'---:
, "'--- "h"l";'
~ \ " '~,'l ',~~
'\. "::"__.":'''. .. ~,.\i ,__on_.
"'- ..v I. ~ ~ ,.. :
,~l" _ .:
_. / "...,.... M. -.....-....,
i ,~~\ ;;. ; ~,J,.; !
r ~__n. :
,. ___ I I
. /.. ;'1
P~oPasu
filresr ..
,..eNr I)lsne~r
:".
--
OJ ~.
-----
...
..
,." ..
~~.
"
~ ~.~-'1 t ~ I
.'
r"-__.J
~~
...
..---, ~
~.
j': ....~.J.......
: ....-, .
._.J) ",.,
.r'- :
, ~~
'j -1
.--' .
I,
-l
;
r-
L
--
-
--
I
L
,
;
,,'
VICINITY
(fJD IDO?)
MAP
M/'l./."
I'-
0
Q
d
z
a.
<t
:E
c
>- Z
'"
a::: 0
~
<t ! ~
c
u
CC '"
I.&J Z i .
.
(I) => ill ~
00 u
a.tI1 !
o~ ~ i
0:0 0 '"
c
0.- i
0: . ill
.
~ ;;
(I) z
i3 c
"'
~
Z
IJJ
:E
(I)
(I)
IJJ
(I)
(I)
<t
'-1.(1-'1 Z.
!
I~
I
--'
""',..
J
l
,
.
;
.
i
.
.
.
~
"
. I
/ "
... '..~.:o
r
,
,
I
,
,
r
I
,
,
I
r
,
,
,
,
,
,
,
r-'
,
1
,
,
,
o
"'I'IQlilJIIl
I
,
j
,- . 0
, , ~
, , V Z
, ~ ,
, , "':",
u I I ~ ,
, , , U , ,
; "'
" , , w I
, c ! ,
"' I ,
C , I
. I .
t I , "' ,
0
, " ,
~
/ ,
I ,
, I
\ i /
, U I
, I
,
,
,~
< I
~ ,
,
,
~ '
,
,
,", ,
i; L :, i'
: I OIl
':: I ~
.,
,;,;,; , - J' -
-___ '----__ J
~ --~,.
,
.
.
.
,0
-~
OJl~".s
E"~Htllrr " Z ..
"""'"
0",
~~'l
a:: !
<( d
z u !...
a::-~~
w ~ if ~
aJ ~ III C
" i!
- c
z.. ~ '"
<( 0 ... i5
(f) ~:
~~ri~
~ ...
.. ..
>-a:
r-.!
- "'
" -
~ -
~
i,
,.. !! I
'Il ~l
;
p. ~ Q
I: J 3
~ ; !!
i
,
'- i
.r _I
:, j
: 1::\:'
.7!rD'
\
II
"
II
~l
i -
! !
.,
H
,d
~ i-
~ r~
,
PROPOSED PEPPER AND RANDALL ~A
ODSCAPE MAINTENANCE DISTR~
COST OF PROCEEDINGS
PROPOSED ASSESSMENT ROLL - AD 1007
ASSESSMENT NO. ASSESSOR'S PARCEL NO. AMOUNT OF ASSESSMENT
1 0142-181-17 S 1,193.23
2 - 0142-181-l8 806.77
3 0142-181-19 0.00 *
4 0142-181-20 1,297..31
5 0142-181-21 702.69
6 0142-181-22 0.00 *
TOTALS 6 ASSESSMENTS S 4,000.00
..
* County Flood Control Property
06/29/92
EXHIBIT "3"
PAGE 1 OF 1
P~OSED PEPPER AND RANDALL .~A
\.)DSCAPE HAINTENANCE DISTR~
ESTIMATED FIRST YEARS MAINTENANCE
PROPOSED ASSESSHENT ROLL ~ AD 1007
ASSESSHENT NO. ASSESSOR'S PARCEL NO, AMOUNT OF ASSESSHENT
1 0142-181-17 $ 1,.54.5.19
, 0142-181-18
2 1,044,7.5
3 0142-181-19 0.00 *
4 0142-181-20 1,679.97
.5 0142-181-21 909.96
6 0142-181-22 0.00 *
TOTALS 6 ASSESSHENTS $ .5,179.87
* County Flood Control Property
06/29/92
EXHIBIT "4"
PAGE 1 OF 1
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
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING
THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PEPPER AND RANDALL AREA AND
DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE
KNOWN AS ASSESSMENT DISTRICT NO. 1007 , 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
WHEREAS, 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. 1007;
NOW, THEREFORE, BE IT RESOLVED BY TIlE 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. 1007, the boundaries of which are generally as follows:
Generally bounded on the North Qy the South lines of Tract Nos. 12775
and 6869; on the South by the North line of San Bernardino County Flood
Control District property; on the East Qy the centerline of Meridian Avenue
and on the West by the centerline of Pepper Avenue.
Reference is hereQy 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 hereQy approved.
SECTION 2. It is the intention of said Mayor and Common Council to
06/29/92
1
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
RESOLUTION
MAINTENANCE
OF INTENTION:
DICICT.
AD
1007 -
PEPPER,...4,ND RANDALL
( \
'.......J'
AREA
LANDSCAPE
order improvements within the district which improvements consist of, but are
not limited to, the maintenance of landscaping along portions of the East
side of Pepper Avenue and the West side of Meridian Avenue, within the
boundaries of the District.
The estimated cost of said maintenance, including incidental costs
is $ 4,841 for the first year.
The maintenance authorized by the district also includes setback areas
of each parcel. which will only be maintained in the event of owner neglect.
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. and
property belonging to the San Bernardino County Flood Control District are
hereQy 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 total sum of the cost of said maintenance and incidentals within the
area in relation to the number of single family residences within the
boundaries of the assessment 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 through an
interfund loan from the Sewer Line Coonstruction Fund, and the assessment
levied, collected and enforced in the same manner, at the same time, and
06/29/92
2
RESOLUTION OF INTENTION: AD 1007 - PEPPER ~p RANDALL AREA LANDSCAPE
MAINTENANCE DIOCT. \ .'
1 with the same penalties and interest as in the case of taxes levied for the
2 City for the repayment to the City of said pre-funding.
3 The City shall recover interest on each year's pre-funding of cost
4 maintenance of landscaping. Said interest shall be at the prevailing
5 portfolio rate as the City is receiving on other City funds during the
6 period of expenditure.
7 The costs of the maintenance contract and incidentals will be
8 collected in perpetuity unless otherwise terminated by the City.
9 SECTION 6. Setback area maintenance shall include, but not be limited
10 to, front and side yard maintenance within the setback area of each parcel.
11 These areas will only be maintained in the event of owner neglect, and the
12 costs for such maintenance, along with incidental costs and interest, will
13 be assessed only to the parcel on which such work is performed. Said
14 assessments will be collected in the same manner as stated herein.
15 SECTION 7. That the City elects to proceed without Notice and Hearing
16 pursuant to Section 12.90.040C(5) of the Municipal Code as the request
17 represents 100i of the property owners liable to be assessed for the
18 maintenance.
19 SECTION 8. A copy of this resolution and a map showing the exterior
20 boundaries of the proposed improvement district with relation to the
21 territory immediately contiguous thereto and to the proposed improvement
22 will be on file with the City Clerk and will be available for inspection by
23 any person or persons interested. This map shall govern for all details as
24 to the extent of the proposed improvement district.
25 //
26 / /
27 / /
28 / /
06/29/92
3
RESOLUTION OF INTENTION: AD 1007 - PEPPER,...,4,ND RANDALL AREA LANDSCAPE
MAINTENANCE DIf'"'I?ICT. j
"-'
1
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
2 Mayor and Common 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
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Council Members:
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
AYES
NAYES
ABSTAIN
ABSENT
City Clerk
The foregoing resolution is hereby approved this
Approved as to form
and legal content:
day of
, 19_____
W.R. HOLCOMB, Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney
ByJ~ f Pc--
06/29/92
4