HomeMy WebLinkAbout24-Public Works
e~TV' OF SAN BERNARDINO - REC'iUiSy1Fc)R4boUNCI&'YoN
ROGER G. HARDGRAVE, Director Resolution of Intention ~-
From: r.EC'[),-,~.~I'M=~:OFr. Pepper and Mill Landscape
Public Works/Engineering Maintenance District
Dept'. len' I" -II ". n" 3' 0"
.. JJ L,.. L l. i {1 . L.)
November 18, 1986
Date:
Synopsis of Previous Council action:
5/19/86
Authorization to proceed granted by motion.
Recommenlied motion:
Adopt Resolution.
cc: Ray Schweitzer, Acting City Administrator
Warren Knudson, Director of Finance
Contact person:
Verne Nadeau
Phone:
5026
Supporting data attached: Staff Report & Attachment
Ward:
3
FUNDING REQUIREMENTS:
Amount: $4.000.00
Source: 251-649- 5 392 5
Finance: IJ # t'!( ~
To be paid from up-front monies on deposit
Council Notes:
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AQenda Item No. c:::2.4
75-0262
CIT....OF SAN BERNARDI~Q - REQUERT FOR COUNCIL AC-r-")N
STAFF REPORT
This action is the result of a request from the developers of
Tentative Tract 12313 and Tract 13160 in response to the
requirement of the City to establish an assessment district for
the maintenance of landscaping along portions of Mill Street,
Pepper Avenue and Eucalyptus 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 Mill Landscape Maintenance District".
Pursuant to Chapter 12.90.040CI51 of the Municipal Code, notice
and hearing will not be required as 100S 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 condition was added by the Planning Commission to require
formation of an assessment district to provide perpetual mainten-
ance for landscaping. In order to comply with this condition, a
request was submitted by the subdividers for an assessment to be
formed.
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RESOLUTION NO.
1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
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. 975, AND
WAIVING NOTICE AND HEARING.
WHEREAS, the City of San Bernardino hereafter 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. 975";
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 necessi ty requi re, and it is the in ten t ion of
the Mayor and Common Council to form Assessment District No.
975, the boundaries of which are generally, as follows:
generally bounded on the North by the North line of Tract No.
13160 and the centerline of Mill S tree t respectively; bounded on
the South by the North line of Tract No. 11882; bounded on the
East by the centerline of Pepper Avenue and bounded on the West
by the centerline of Eycalyptus Avenue.
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
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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 in the Northerly parkway of Mill Street along the
South boundary of Tract No. 13160; in the Southerly parkway of
Mill Street between Pepper and Eucalyptus Avenues; in the
Westerly parkway of Pepper Avenue between the North boundary of
Tract No. 13160 and the North boundary of Tract No. 11882 and in
the Easterly parkway of Eucalyptus Avenue between Mill Street
and the North boundary of said Tract No. 11882.
The
estimated cost of said maintenance,
including
incidental costs is $11,111.00.
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.
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
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maintenance
and incidentals within the area in relation to
the
2 number of residential units within the district. Reference is
3 hereby made to said Engineer's Report on file in the office of
4 the City Clerk for a detailed estimated individual assessment.
5 SECTION 5. The assessment financing alternative to be
6 followed shall be as foll ows, to-wi t:
7 The cost of the maintenance sha 11 be pre-funded by the
8 City and the assessment levied, collected and enforced in the
9 same manner, at the same ti me, and with the same penalties and
10 interest as in the ca se of ta xe s levied for the City for the
11 repayment to the City of sa i d pre-funding.
12 The City shall recover interest on each year's
13 pre-funding of cost maintenance of landscaping. Said interest
14 shall be at the average ra te as the City is recei ving on other
15 City funds during the period of expenditure.
16 The assessment for sa i d district s ha 11 be made and
17 collected as follows:
18 The costs of the maintenance contract, incidentals, and
19 interest will be collected in perpetuity unless otherwise termi-
20 nated by the City.
SECTION 6.
21
22 Notice and Hearing pursuant to Section 12.90.040C(5l
23 Municipal Code as the request represents 100% of the
24 owners liable to be assessed for the maintenance.
Tha t
the
City elects to
proceed
without
of
the
property
25 SECTION 7. A copy of thi s resolution and a map showing
26 the ex te r i 0 r boundaries of the proposed improvement district
27 with relation to the terri tory immediately contiguous there to
28 and to the proposed improvement wi 11 be on file with the City
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1 Clerk and will be available for inspection by any person or
2 persons interested. Thi s map shall govern for all detail s as to
3 the extent of the proposed improvement district.
4
I HEREBY CERTIFY that the foregoing resolution was duly
5 adopted by the Mayor and Common Council of the City of San
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Bernardino at a meeting thereof, held on the
. 19B6 by the following vote, to wit:
day of
AYES:
Counci 1 Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
. 19B6.
Mayor of the City of San Bernardino
Approved as to form:
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tlty A~e
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,
November 6, 1986
File No. 14.40-47
ENGINEER'S REPORT
CITY OF SAN BERNARDINO
PROPOSED ASSESSMENT DISTRICT NO. 975
PEPPER & MILL AREA LANDSCAPE MAINTENANCE DISTRICT
11-18-86
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CITY OF SAN BERNARDINO
ENGINEER'S REPORT
ASSESSMENT OISTRICT NO. 975
PETITION -- On March 24, 1986, this office received a petition from PROPERTY
VENTURES for the establishment of an assessment district for the
maintenance of landscaping for Tentative Tract No. 12313 and on April
29, 1986, we received a petition from FORECAST CORPORATION for the
establishment of an assessment district for the same purpose for Tract
No. 13160. These two subdivisions adjoin each other across Mill Street
so we included both requests into one proposed district. Both Tracts
are as delineated on the attached vicinity map. The petitions were 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 19, 1986, 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, 1986 and pursuant to Chapter
12.94.030 of the Municipal Code, the developers were requested to up-
front the estimated cost of $3,000.00 and $1,000.00 respectively to
cover the cost of the proceedings. The deposits were received on July
I, 1986 and June 2, 1986 respectively and were 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 developers and if the actual costs are more than the
deposit, then the remainder can either be paid in a lump sum by the
developers or assessed against the properties involved.
EASEMENTS --No easements will be required for landscaping Maintenance in this
proposed District as the landscaping all lies within the dedicated
right of way.
DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained include a
strip of ground cover on the North side of Mill Street along the
boundaries of Tract No. 13160, on the South side of Mill Street between
Pepper Avenue and Eucalyptus Avenue, along the West side of Pepper
Avenue between Mill Street from a point approximate 250 feet North of
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Mill Street and a point approximately 1.900 feet South of Mill Street.
along the East side of Eucalyptus Avenue between Mill Street and a
point approximately 1.900 feet South thereof.
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 20. 1986, the boundaries of the proposed
district were determined and are delineated on the attached Proposed
Boundary Map of Assessment District No. 975. The property involved
presently is all of Tract No. 13160 and all of Tentative Tract No.
12313 located on both sides of Mill Street generally between Pepper
Avenue and Eucalyptus Avenue.
VICINITY MAP -- The vicinity map is attached as Exhibit 1.
DISTRICT BOUNDARY MAP -- A reduced copy of the District Boundary Map is attached
as Exhibi t 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 unft. 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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MlTHOO 0' 'IMANCING -- When the landscaping is actually in place and has been
maintained in good order by the developers 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, 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 17 lots in Tract No. 13160 liable to be
assessed and 5 vacant parcels which constitute Tentative Tract No.
12313 which when recorded will constitute 220 lots. When both Tracts
are complete, there will be 237 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
$46.88 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.
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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 -- 7 feet wide along Mill Street on
both sides of Mill Street within the district boundary.
1,750 lin. ft. X 7 . 12,250 sq. ft.
at $0.10 per sq. ft.
$ 1,225.00
Ground Cover --~7 feet wide along the West side
of Pepper Avenue within the district boundary.
2,160 lin. ft. X 7 . 15,120 sq. ft.
at $0.10 per sq. ft.
$ 1,512.00
Ground Cover -- 7 feet wide along the East side of
Eucalyptus Avenue within the district boundary.
1,900 lin. ft. X 7 = 13,300 sq. ft.
at $0.10 per sq. ft.
Inspection ~ Park! Recreation Dept.
4 hours per week at $20.00 per hour including
benefits per year
Assessment EngineerinQ -- including preparation
of annual assessment roll, agenda items, resolutions,
correspondence and transmittal to County Auditor/
Controller.
10 hours per year at $20.00 per hour including
benefits
$ 1,330.00
$4,160.00
$ 200.00
Water and Electrical Costs
40,6~sq. ft. at $0.06 per sq. ft.
$ 2,684.00
TOTAL ESTIMATED COST
$11,111.00
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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 Int~ntion
for the establishment of an Assessment District to be known as Assessment
District No. 975.
ROGER G. HARDGRAVE
Director of Public Works/City Engineer
Filed in the office of the City Clerk
this
day of
.19_.
11-18-86
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1986-87 ASSESSMENT ROLL, A.D. 975
ASSMT ASSESSORS TOTAL ASSMT
NO. PRCL. NO.
1 0142-171-04 1254.10
2 0142-171-05 662.76
3 0142-171-06 315.70
4 0142-171-02 1009.82
5 0142-171-08 497.57
6 0142-141-12 260.02
TOTALS
3999.97
6
11-18-86
EJCt+,S'T '3
1986-87 ASSESSMENT ROLL, A.D. 975
ASSMT ASSESSORS TOTAL ASSMT
NO. PRCL. NO.
1 0142-171-04 3483.57
2 0142-171-05 1840.99
3 0142-171-06 876.94
4 0142-171-02 2805.04
5 0142-171-08 1382.12
6 0142-141-12 722.28
TOTALS
11110.94
6
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