HomeMy WebLinkAbout40-Pulbic Works
. CICY OF SAN BERNARIY'fO - REQUr'~T FOR COUNCIL ACjION
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R 0 G ERG. H A R D G RAVE, 0 i rRt:tif. ~ AD~lbNJecO:F'r Res 0 1. uti 0 n 0 fIn ten t ion:
. .. Irvlngton & Olive Ave. Lndscp.
Public works/Engineeringn07 SEP 18 n! 3: i1; Maint. Distr.
September 8, 1987 File No., 14.40-40
From:
Dept:
Date:
Synopsis of Previous Council action:
10-7-85
--- Authorization to proceed granted by motion.
Recommended motion:
Adopt Resolution.
cc: Raymond Schweitzer, City Administrator
Warren Knudson, Director of Finance
Jim Penman, City Attorney
Conteet penon:
Verne Nadeau
Phone:
384-5026
Supporting dete IUlched:
Yes
Ward:
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FUNDING REQUIREMENTS:
Amount: $ 3,000.00
Souree: (ACCT. NO.) 251-642-53925
(ACCT. DESCRIPTION) Assess. Distr.
from up-front monies deposi ted by developerFlnance: i.}o.
969 To be paid
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Council Notes:
75-0212
Agenda Item No. ~.
C~V OF SAN BERNARD"'iO - REQUF'4itT FOR COUNCIL AC"">lON
STAFF REPORT
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This action is the result of a request of the developers of the area
located Southerly of Irvington Avenue and Easterly of Olive Avenue in
response to the requirement of the City to establish an assessment
district for the maintenance of landscaping along portions of Irvington
Avenue and a small portion of Olive Avenue.
The purpose of the action is to prel;minarily 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 "Irvington and Olive Avenue Area
Landscape Maintenance District"
Pursuant to Chapter 12.90.040C(Sl 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.
A Categorical Exemption under Resolution No. 13157, Exhibit "B" Section
3, Class 4 was issued for this project on November 4, 1985.
9-08-87
75-0264
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August 12, 1987
File No. 14.40-40
ENGINEER'S REPORT
CITY OF SAN BERNARDINO
PROPOSED ASSESSMENT DISTRICT NO. 969
IRVINGTON AND OLIVE AVENUE AREA LANDSCAPE MAINTENANCE DISTRICT
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CITY OF SAN BERNARDINO
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 969
PETITION -- On September 18. 1985. this office received a petition from
SUNFLOWER PROPERTIES, INC. for the establ ishment of an assessment
district for the maintenance of landscaping for Tentative Tracts No.
10182, 10185, 12816, 12817 and 13243 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 October 10, 1985, 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 October 10, 1985.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 May 19, 1987, 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.
EASEMENTS -- No easements for the maintenance of landscaping beyond the
dedicated street right-of-way are required at this time.
DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained include a
strip of ground cover on the South side of Irvington Avenue for the
entire distance within the boundaries of the district together with a
small strip of Olive Avenue, North of the Cable Creek Channel.
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PLANS AND SPECIFICATJONS -- Plans and Specifications for the landscaping will
be 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 quarantee period by the developer.
DESCRIPTION OF BOUNDARIES -- On September 24, 1985, the boundaries of the
proposed district were determined and are delineated on the attached
Proposed Boundary Map of Assessment District No. 969. The property
involved presently is a portion of Irvington Land and Water Company
Subdivision and encumpasses the property lying generally Southerly of
Irvington Avenue, Northerly of the Cable Creek Channel, Easterly of
Olive Avenue and Westerly of Gregory Street.
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 appartment will be assessed an equal share in the
cost of maintenance (1 residential unit - 1 assessmentl. 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 0) year plant
guarantee period, the assessment di strict 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 4 vacant parcels liable to be assessed
which constitute 138 family units according to formula. When the Tracts
are actually in place, their will be 121 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 vacant land. when built out each assessment would be
estimated at $37.25 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
interest for repayment to the City.
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COST SlJolMARY
FIRST YEAR:
Cost of proceedings only, estimated at
(See Exhibit 3)
$3,000.00
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SUBSEQUENT YEARS -- maintenance and administration annually.
(See Exhibit 4)
Ground Cover -- 6 feet wide along the entire length
of Irv1ngton Avenue within the district boundary.
1,100 lin. ft. X 6 = 6,600 sq. ft.
at $0.20 per sq. ft.
Ground Cover -- 6 feet wide along the length of
Olive Avenue within the district boundary.
200 lin. ft. X 6 = 1,200 sq. ft.
at $0.20 per sq. ft.
Inspection ~ Park & Recreation DePti
2 hours per weer-it-$20.00 per hour ncluding
benefits per year
$ 1,320.00
$ 240.00
$ 2,080.00
Assessment Engineering -- including preparation
of annual assessment roll, agenda items, resolutions,
correspondence and transmi tta 1 to Coun ty Audi tor /
Controller.
20 hours per year at $20.00 per hour including
benefits
$ 400.00
Water and Electrical Costs
7,800 sq:- ft. at $0.06 per sq. ft.
$ 468.00
TOTAL ESTIMATED COST
$ 4,508.00
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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. 969.
Filed in the office of the City Clerk
this /2~1,
day of .J"?,,,I . 19 ~l.
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1981-88 ASSESSMENT ROLL, A.D. 969
ASSMT ASSESSORS TOTAL ASSMT
NO. PRCL. NO.
1 0261-191-23 539.34
2 0261-191-24 539.34
3 0261-191-25 814.95
4 0261-191-26 1106.35
TOTALS
2999.98
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EXHIBIT 1
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1987-88 ASSESSMENT ROLL. A.D. 969
ASSMT ASSESSORS TOTAL ASSMT
NO. PRCL. NO.
1 0261-191-23 852.98
2 0261-191-24 852.98
3 0261-191-25 1288.89
4 0261-191-26 1749.74
TOTALS
4744.59
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EXHIBIT ..
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
FORMATION OF A LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT:
DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE
DISTRICT, TO BE KNOW AS "ASSESSMENT DISTRICT NO. 969, AND
WAIVING NOTICE AND HEARING.
WHEREAS, the City of San Bernardino hereafter called
("Ci ty") as an exerci se of its muni ci pal affai rs 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 landscaping maintenance assessment district
within the City, to be known as "Assessment District No. 969";
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 thatthe public
convenience and necessity require and it is the intention of the
Mayor and Common Council to form Assessment Di strict No. 969,
the boundaries of which are generally, as follows: generally
is bounded on the East by the Easterly line of Tracts No. 10184
and 10183, bounded on the West by the Westerly 1 i ne of Tract No.
10181, bounded on the North by the centerline of Irvington
Avenue and bounded on the South by the Northerly line of the
Cable Creek Flood Control Channel.
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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 di strict, 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 all appurtenant facilities in
the South side of Irvington Avenue between the East line of
Tract No. 10184 and the West line of tract 10181 and in portions
of the East side of Olive Avenue between the North line of the
Cable Creek Channel and a point approximately 270 feet North
thereof.
The estimated cost of said maintenance, including
incidental costs is $4,508.00 for subsequent years.
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.
-8-87 2
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SECTION 4. The assessment benefit procedure to be fol-
lowed 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
number of single family residences included within the
boundaries of 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 S. 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 perpituity unless otherwise terminated by
the Ci ty.
SECT ION 6.
That the City elects to proceed without
Notice and Hearing pursuant to Section 12.90.040C(S) of the
Municipal Code as the request represents 100% of the property
owners liable to be assessed for the maintenance.
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SECTION 7. A copy of this resolution and a map showing
the exterior boundaries of the proposed improvement 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 improvement district.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof. held on the
, 1987 by the following vote, to wit:
AYES: Counci 1 Members
day of
NAYS:
ABSENT:
day of
City Clerk
The foregoing resolution is hereby approved this
, 1987.
Mayor of the City of San Bernardino
Approved as to form
and legal content:
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Attorney
-8-87
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