HomeMy WebLinkAbout31- Public Works File No. 14.40-102
CITY OF SAN BERN, iDINO - REQUEST F _:.R COUNCIL ACTION
From: ROGER G. HARDGRAVE, Director Subject:Resolution of Intention: Quail Canyon
Area Sewer Construction Assessment
Dept: Public Works/Engineering District (AD 1011)
Date: October 19, 1993
Synopsis of Previous Council action:
04/05/93 -- Authorization to proceed granted by motion.
Recommended motion:
Adopt Resolution.
cc: Shauna Clark, City Administrator
Barbara Pachon, Director of Finance
James F. Penman, City Attorney Sign re
Les Fogassy 5334
Contact person:_ Phone:
Staff Report,Engr's Rpt,Reso. 4
Supporting data attached: Ward:
$130,584
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.) 245-000-30405 (Sewer Construction Fund)
Acct. Description) To be reimbursed through assessments
Finance:
Council Notes:
CITY OF SAN BERNCtDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The attached Resolution sets a meeting and hearing relative to the formation a the
proposed assessment district and approves the Engineer's Report. It is recommended
that the resolution be adopted.
A petition was received by this office requesting the formation of an assessment
district for the construction of a sewer main in the Quail Canyon Area, from property
owners in the area. The assessment will include the construction of sewers and
appurtenant facilities, administrative costs and the cost for the acquisition of
easements. The signatures affixed to the referenced petition have been checked and
found to represent the owners of 100 percent of the area of the properties liable to
be assessed for the proposed construction. Included in the district are those
properties from which easements will be required, but will be nil assessed.
It is proposed that the construction costs will be paid for out of the sewer
construction fund which will then be reimbursed through assessments over a period of
10 years.
The Engineer's Report has been attached for your approval. One of the property owners
has withdrawn his petition so we are proceeding as less than 100% request and
therefore must hold a public meeting and a public hearing. The attached Resolution of
Intentions sets the dates and times for said meeting and hearing, a copy of which will
be published in the Sun. Notice of the meeting and hearing will also be sent to all
property owners liable to be assessed.
75-0264
+ October 14, 1993
File No. 14.40-102
ENGINEER'S REPORT
CITY OF SAN BERNARDINO
PROPOSED ASSESSMENT DISTRICT NO.1011
QUAIL CANYON SEWER CONSTRUCTION DISTRICT
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CITY OF SAN BERNARDINO
ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1011
PETITION -- On March 16, 1993, this office received a petition from property
owners within the proposed district for the establishment of an assessment
district for the construction of a sewer main in the Quail Canyon area, as
delineated on the attached vicinity map.
AUTHORIZATION TO PROCEED -- April 5, 1993, 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.
EASEMENTS -- The majority of proposed construction and placement of the sewer
main will be on private property and the City will have to acquire certain
easements for sewer construction and maintenance purposes. Property owners
from which the easements will need to be obtained, will be contacted for
negotiations for the necessary acquisition of said easements. Acquisition
costs, if any, will be paid for by the district.
DESCRIPTION OF IMPROVEMENTS -- The improvements include the construction of a
sewer main and appurtenant facilities within portions of Quail Court,
Quail Hollow Road and within certain easements from Quail Court to
Mountain Avenue, and laterals to the various property lines.
PLANS AND SPECIFICATIONS --Plans and Specifications for the construction have
been prepared by the Department of Public Works.
DESCRIPTION OF BOUNDARIES -- March 16, 1993, the boundaries of the proposed
district were determined and are delineated on the attached Proposed
Boundary Map of Assessment District No. 1011. The property involved
presently are portions of Tract No. 3642, portions of Government Lot 2,
Southwest one-quarter of Section 13, Township 1 North Range 4 West, San
Bernardino Meridian, and portions of John Hancock Survey, and encompasses
certain properties along Quail Court, Quail Hollow Road, and properties
along the proposed easement. The properties within the district that are
included only for easement acquisition will not be assessed since they
will not be served by the proposed sewer.
i 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.
I METHOD OF ASSESSMENT -- The benefit derived is determined by the number of
hookups to the sewer main, and each parcel within the proposed district
will be assessed based on the number of hookups. As proposed, there will
be six parcels within the district that will each receive one hookup.
Therefore, each parcel will be assessed one-sixth (1/6th) of the total
I cost of construction and all appurtenances.
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METHOD OF FINANCING: -- The estimated cost of construction will pre-funded by the
City from the Sewer Construction Fund and is to include all construction
and appurtenant costs, administrative costs, and easement acquisition
costs, if any. Repayment is to be spread over a period of ten years
including interest, at the rate of ten percent (10%) per annum on the
unpaid balance. The assessment shall be 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.
ASSESSMENT ROLL -- There will be 6 parcels liable to be assessed which
constitute 6 hookups. Each parcel will be assessed an equal principal
amount of one-sixth (1/6th) of the total assessment. The proposed
assessment roll attached as Exhibit 3 is prepared to reflect the estimated
construction and administrative costs for the first year. Subsequent
year's assessments will be on a reducing scale. Exhibit 4, which is
attached heteto, has been prepared to reflect the total cost of the
various items of construction, including administrative costs. The total
cost per parcel has been estimated at $21,756.67.
BONDS -- No bonds are to be sold on this proposed assessment district. The costs
will be paid for by the City from the Sewer Construction Fund and the
assessments will be collected on the County Tax bill annually as set
forth above.
COST SUMMARY
Description Quantity Cost
--------------------------------------- ----------- ----------
CONSTRUCTION:
8" Sewer Main "Plastic Pipe" @ S18 per
lin. ft. 249 lin. ft. $ 4,482
8" Sewer Main complete in place @ S51
per lin. ft. 248 lin. ft 12,648
8" Sewer Main complete in place including
pavement replacement @ S61 per lin. ft. 533 lin. ft. 31,980
4" Sewer Lateral complete in place @ $31
per lin. ft. 68 lin. ft 2,108
4" Sewer Lateral complete in place including
pavement replacement @ S36 per lin. ft. 45 lin. ft 1,620
Connect to existing sewer manhole @ S1,500 1 1,500
Manholes @ $2,000 ea. 10 20,000
Modified manholes @ $1,500 ea. 4 6,000
Drop manhole at $2,500 ea. 1 2,500
Construct trench backfill slurry @ $30 per
cu. yd. 35 cu. yds. 1,050
Construct backfill stabilizers (2" x 12"
redwood boards with 4" x 4" redwood
post) @ $150 ea. 13 1,950
SUB-TOTAL $ 85,838
Engineering and Inspection (10% +/-) 8,583
SUB-TOTAL $ 94,421
Contingencies (15% +/-) 14,163
TOTAL CONSTRUCTION $ 108,584 $ 108,584
ADMINISTRATIVE:
Cost of proceedings for the establishment of the district 4,000
Assessment Engineering - Cost of preparation of annual
roll, resolution, staff report, etc. for a period of
10 years. 3,000
TOTAL ADMINISTRATION $ 7,000 7,000
EASEMENT ACQUISITION
Acquisition cost of 10,910 feet of real property for
sewer easement including temporary construction easement
and appurtenant costs (appraisals, document preparation,
recording, etc. )
TOTAL EASEMENT ACQUISITION $ 15,000 15,000
GRAND TOTAL $ 130,584
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. 1011.
ROGER G. 4CkRDGRAVE
Director of Public Works/City Engineer
Filed in the office of the City Clerk
this day of 19_
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• EXHIBIT 2
CITY OF SAN BERNARDINO
DEPARTMENT OF PUBLIC WORDS
FIRST YEAR ASSESSEMENT ROLL FOR PROPOSED ASSESSMENT DISTRICT NO. 1011
(QUAIL CANYON SEWER CONSTRUCTION DISTRICT)
ASSESSMENT ASSESSOR'S ASSESSMENT
NUMBER PARCEL NO. AMOUNT
----------- ----------- -----------
1 0155-011-03 4,352.80
2 0155-011-08 4,352.80
3 0155-013-03 4,352.80
4 0155-013-04 4,352.80
5 0155-013-05 4,352.80
6 0155-013-06 4,352.80
TOTAL 26,116.80
EXHIBIT 3
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A SEWER
3 CONSTRUCTION ASSESSMENT DISTRICT LOCATED IN THE QUAIL CANYON AREA; DECLARING
ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS
4 ASSESSMENT DISTRICT NO. 1011; AND NOTICING A TIME AND DATE OF A PUBLIC
MEETING AND A TIME AND DATE OF A PUBLIC HEARING.
5
6 WHEREAS, the City of San Bernardino (hereinafter called "City") as an
7 exercise of its municipal affairs powers has enacted an Assessment District
8 Ordinance (Municipal Code Chapter 12.90) to provide for the procedure for the
9 formation of assessment districts within the City; and
10 WHEREAS, it has now become necessary to consider the formation of a
11 sewer construction assessment district within the City, to be known as
12 Assessment District No.1011; and
13 WHEREAS, as a further exercise of the powers vested in the City by
14 virtue of Section 19, Article XVI, California Constitution, the City intends
15 to conduct a meeting and a public hearing to discuss the proposed assessment
16 district and hear protests, if any, as to why the district should not be
17 formed and the acquisitions and improvements completed, without compliance
18 with the Special Assessment Investigation, Limitation and Majority Protest
19 Act of 1931;
20 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO THAT:
21
22 SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino Municipal
23 Code, the Mayor and Common Council of said City hereby preliminarily find
24 and determine that the public convenience and necessity require, and it is
25 the intention of the Mayor and Common Council to form Assessment District No.
26 1011, the boundaries of which are generally as follows: Bounded on the
27 North by certain property lines lying Southerly of Quail Hollow Road, on the
28 South by the Northerly terminus of Mountain Avenue, and on the East and West
10-19-93 1
RESOLUTION OF INTENTION RELATIVE TO PROPOSED ASSESSMENT DISTRICT NO. 1011
(QUAIL CANYON AF SEWER CONSTRUCTION DISTRICT) .
1 by certain property lines lying Easterly and Westerly of the Northerly
2 prolongation of said Mountain Avenue, said boundaries being more particularly
3 shown on Assessment District Boundary Map No. 1011, prepared by the
4 Department of Public Works as drawing No. 8950.
5 Reference is hereby made to the Engineer's Report on file in the
6 office of the City Clerk of said City for a map of the boundaries of said
7 district, a description of the type of improvement, an estimated cost of the
8 improvement and a proposed assessment roll which Report and Assessment
9 District Map are hereby approved.
10 SECTION 2. It is the intention of said Mayor and Common Council to
11 order improvements within the district which improvements consist of, but are
12 not limited to, the construction of a sewer main and appurtenant facilities
13 in Quail Court, Quail Hollow Road and within certain easements generally
14 ( located between Mountain Avenue and Quail Court.
15 The estimated cost of said construction, including incidental and
16 administrative costs is $130,584.00. The total assessment per parcel will be
17 approximately $21,764.00. The first years assessment is estimated to be
18 $4,352.80, per parcel, including interest and will reduce each year
19 thereafter for the term of the district.
20 SECTION 3. Said contemplated work and improvements are of more than
21 local or ordinary public benefit, and that said Mayor and Common Council do
22 hereby make the expense of such work and improvement chargeable upon the
23 district, which district is hereby declared to be the district benefited by
24 said proposed work and improvement, and to be assessed to pay the cost and
25 expense thereof. All public streets or alleys, or portions thereof, are
26 hereby excepted from said assessment.
27 SECTION 4. The assessment benefit procedure to be followed and the
2$ amount to be assessed against each particular parcel will be a proportion of
10-19-93 2
SOLUTION OF INTENTION RELATIVE TO PROPOSED ASSESSMENT DISTRICT NO. 1011
(QUAIL CANYON ART SEWER CONSTRUCTION DISTRICT) .
1 the total cost of construction and incidentals in relation to the number of
2 sewer laterals provided to each parcel. Reference is hereby made to said
3 Engineer's Report on file in the office of the City Clerk for a detailed
4 estimated individual assessment.
5 SECTION 5. The assessment financing alternative to be followed shall
6 be as follows, to-wit:
7 The cost of the construction shall be pre-funded by the City from the
8 Sewer Construction Fund and the assessment levied, collected and enforced in
9 the same manner, at the same time, and with the same penalties and interest
10 as in the case of taxes levied for the City for the repayment to the City of
11 said pre-funding.
12 The assessment for said district shall be made and collected as
13 follows: The costs of installation, construction and incidentals will be
14 collected over a period of ten (10) years with interest at the rate of 10%
15 per annum on the unpaid balance which remains unpaid for thirty days after
16 the date of recording of the Notice of Assessment with the County Recorder.
17 SECTION 6. That notice is hereby given that on December 20, 1993,
18 at the hour of 10:00 a.m. , in the Council Chambers, in the City Hall of said
19 City, 300 N. "D" Street, San Bernardino, California, there shall be a public
20 meeting before the mayor and Common Council to discuss the proposed
21 assessment district and on January 3, 1994, at the hour of 10:00 am, at the
22 place set forth above for said meeting, there shall be a public hearing
23 before said Mayor and Common Council for the purpose of determining whether
24 the public convenience and necessity require the formation of the proposed
25 improvement district without compliance with the Special Assessment
26 Investigation, Limitation and Majority Protest Act of 1931 and whether the
27 Mayor and Common Council should proceed with ordering the above described
2$ construction.
10-19-93 3
RESOLUTION OF INTENTION RELATIVE TO PROPOSED ASSESSMENT DISTRICT NO. 1011
(QUAIL CANYON AR- SEWER CONSTRUCTION DISTRICT) .
1 At said public meeting and hearing, any and all persons interested
2 may appear and show cause, if any they have, why the Mayor and Common Council
3 should not find and determine that the public convenience and necessity
4 require the formation of the proposed district without compliance with the
5 Special Assessment Investigation, Limitation and Majority Protest Act of
6 1931; on the question of estimated cost, and the intention of the Mayor and
7 Common Council to proceed to order work within the district.
8 SECTION 7. At said public meeting and hearing, all persons will be
9 heard, any holder of title to taxable real property within the boundaries of
10 the proposed district may file a protest in writing with the City Clerk, not
11 later than the hour hereinabove set for hearing, containing therein a
12 description of the property in which the signer thereof is interested
13 sufficient to identity the same, and, if the signers are not shown on the
14 last equalized assessment roll as the owners of such property, must contain
15 or be accompanied by written evidence that such signers are the owners of
16 such property. The basis for determining the existence of a majority protest
17 shall be based on the number of laterals per lot or parcel in proportion to
18 the total number of laterals installed within the entire district.
19 SECTION 8. The City Clerk is authorized and directed to cause a
20 copy of this resolution to be published in a newspaper of general circulation
21 in the City, and that said Clerk shall cause Notice of said public meeting
22 and public hearing to be sent to all property owners owning property within
23 the proposed district as set forth in Section 12.90.040C of the San
24 Bernardino Municipal Code.
25 SECTION 9. A copy of this resolution and a map showing the exterior
26 boundaries of the proposed improvement district with relation to the
27 territory immediately contiguous thereto and to the proposed improvement will
28 be on file with the City Clerk and will be available for inspection by any
10-19-93 4
RESOLUTION OF INTENTION RELATIVE TO PROPOSED ASSESSMENT DISTRICT NO. 1011
(QUAIL CANYON AP_ SEWER CONSTRUCTION DISTRICT) .
1 person or persons interested. This map shall govern for all details as to
2 the extent of the proposed improvement district.
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
4 Mayor and Common Council of the City of San Bernardino at a
5 meeting thereof held on the day of
6 19 by the following vote, to-wit:
7
Council Members: AYES NAYS ABSTAIN ABSENT
8
NEGRETE
9
CURLIN
10
HERNANDEZ
11
OBERHELMAN
12
DEVLIN
13
14
POPE-LUDLAM
"�-
MILLER
15
16
17 City Clerk
18 The foregoing resolution is hereby approved this day of
19
19
20
21 TOM MINOR, Mayor
22 City of San Bernardino
23
24 Approved as to form
and legal content:
25
JAMES F. PENMAN,
26 City Attorney
27 By:
28
10-19-93 5