HomeMy WebLinkAbout25- Public Works File No. 14.40-94
C,TY OF SAN BERK RDINO - REQUEST FIR COUNCIL ACTION
From: ROGER G. HARDGRAVE, Director Subject: Resolution of Intention: Pepper and
Randall Landscape Maintenance Assess-
Dept: Public Works/Engineering ment District (Tract No. 15315 - AD
AD 1007) and rescinding Resolution
Date:' March 9, 1993 92-381 and 92-276.
Synopsis of Previous Council action:
04-20-92 --- Authorization to proceed granted by motion.
07-20-92 --- Resolution of intention No. 92-276 was adopted.
09-21-92 --- Resolution No. 92-381 amending Resolution No. 92-276 was adopted.
Recommended motion:
ADOPT RESOLUTION
cc: Shauna Clark, City Administrator
Barbara Pachon, Drector of Finance
James Penman, City Attorney nature
LES FOGASSY 5334
Contact person: Phone:
Staff Report, Reso. , Engr's Rpt. 3
Supporting data attached: Ward:
$4,000
FUNDING REQUIREMENTS: Amount:
254-693-53925
Source: (Acct No.)
Acct. Description) Assess.
escri tion Assess. Distr. 1007
Cost of proceedings paid for by developer.
Finance:
Council Notes:
75-0262 Agenda Item No.
CITY OF SAN BERN 'RDINO - REQUEST V4R COUNCIL ACTION
STAFF REPORT
This action is the result of a request of the developer of 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".
On 04-20-92, authorization was given to proceed with establishment of the
proposed assessment district. On July 20, 1992, Resolution of Intention No. 92-
276 was adopted and on September 21, 1992, Resolution No. 92-381 was adopted,
amending Resolution No. 92-276, due to a change in the requirement of the
development. The amended Resolution increased the area to be maintained under the
assessment district. Since this increased the costs substantially, conditions for
the development were once again changed, and the area to be maintained was
reduced. The attached resolution rescinds Resolution No. 92-381 and 92-276.
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, to cover the
costs of proceedings for the establishment of the district. Any unused portion
will be refunded.
The costs for the maintenance within district will be paid for by the City from
the Assessment District Reserve Fund and will then be assessed to each lot within
the district, plus interest at the prevailing portfolio rate.
It is recommended that the attached resolution be adopted.
75-0264
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE
3 MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PEPPER AND RANDALL AREA AND
DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE
4 KNOWN AS ASSESSMENT DISTRICT NO.1007, AND WAIVING NOTICE AND HEARING AND
RESCINDING RESOLUTION NO. 92-381 AND RESOLUTION NO. 92-276.
5
WHEREAS, the City of San Bernardino (hereinafter called "City") as an
6
exercise of its municipal affairs powers has enacted an Assessment District
7
Ordinance (Municipal Code Chapter 12.90) to provide for the procedure for
8
the formation of assessment districts within the City; and
9
WHEREAS, the Mayor and Common Council of said City on the 20th day of
10
July, 1992 adopted Resolution of Intention No. 92-276 and on the 23rd day of
11
September , 1992, adopted Resolution No. 92-381, amending said Resolution
12
No. 92-276; and
13
WHEREAS, it has now become necessary to consider the formation of a
14
landscape maintenance assessment district within the City, to be known as
15
Assessment District No. 1007;
16
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
17 CITY OF SAN BERNARDINO THAT:
18 SECTION 1. Resolution No. 92-276 and Resolution No. 92-381 are hereby
19 rescinded; and
20 SECTION 2. Pursuant to Chapter 12.90 of the San Bernardino Municipal
21 Code, the Mayor and Common Council of said City hereby preliminarily find
22 and determine that the public convenience and necessity require and it is
23 the intention of the Mayor and Common Council to form Assessment District
24 No. 1007, the boundaries of which are generally as follows:
25 Generally bounded on the North by the South lines of Tract Nos. 12775
26 and 6869; on the South by the North line of San Bernardino County Flood
27 Control District property; on the East by the centerline of Meridian Avenue
28 and on the West by the centerline of Pepper Avenue.
03-09-93 1
RESOLUTION OF INTENTION AND RESOLUTION RESCINDING RESOLUTION NOS. 92-381 AND
92-276 RELATIVE '"O PROPOSED ASSESSMENT DISTRICT Mn. 1007, IN THE PEPPER AND
RANDALL AREA.
1 Reference is hereby made to the Engineer's Report on file in the office
2 of the City Clerk of said City for a map of the boundaries of said
3 district, a description of the type of improvement, an estimated cost of the
4 improvement, and a proposed assessment roll which Report and Assessment
5 District Map are hereby approved.
6 SECTION 3. It is the intention of said Mayor and Common Council to
7 order improvements within the district which improvements consist of, but
8 are not limited to, the maintenance of landscaping along portions of the
9 East side of Pepper Avenue and the West side of Meridian Avenue, within the
10 boundaries of the District.
11 The estimated cost of said maintenance, including incidental costs is $
12 4,841 for the first year.
13 The maintenance authorized by the district also includes setback areas
14 of each parcel, and certain easements for landscape maintenance purposes
15 granted to the City on Tract Map No. 15315, within the boundaries of the
16 district, which will only be maintained in the event of owner neglect.
17 SECTION 4. Said contemplated work and improvements is of more than
18 local or ordinary public benefit, and that said Mayor and Common Council do
19 hereby make the expense of such work and improvement chargeable upon the
20 district, which district is hereby declared to be the district benefited by
21 said proposed work and improvement, and to be assessed to pay the cost and
22 expense thereof. All public streets or alleys, or portions thereof, and
23 property belonging to the San Bernardino County Flood Control District are
24 hereby excepted from said assessment.
25 SECTION 5. The assessment benefit procedure to be followed and the
26 amount to be assessed against each particular parcel will be a proportion of
27 the total sum of the cost of said maintenance and incidentals within the
28 area in relation to the number of single family residences within the
03-09-93 2
RESOLUTION OF INTENTION AND RESOLUTION RESCINDING RESOLUTION NOS. 92-381 AND
92-276 RELATIVF TO PROPOSED ASSESSMENT DISTRICT "0. 1007, IN THE PEPPER AND
RANDALL AREA.
j boundaries of the assessment district. Reference is hereby made to said
2 Engineer's Report on file in the office of the City Clerk for a detailed
3 estimated individual assessment.
4 SECTION 6. The assessment financing alternative to be followed shall
5 be as follows, to-wit:
6 The cost of the maintenance shall be pre-funded by the City through an
7 inter-fund loan from the Sewer Line Construction Fund, and the assessment
8 levied, collected and enforced in the same manner, at the same time, and
9 with the same penalties and interest as in the case of taxes levied for the
10 City for the repayment to the City of said pre-funding.
11 The City shall recover interest on each year's pre-funding of cost
12 maintenance of landscaping. Said interest shall be at the prevailing
13 Portfolio rate as the City is receiving on other City funds during the
14 period of expenditure.
15 The costs of the maintenance contract and incidentals will be collected
16 in perpetuity unless otherwise terminated by the City.
17 SECTION 7. Setback area maintenance shall include, but not be limited
18 to, front and side yard maintenance within the setback area of each parcel,
19 and certain easements dedicated to the City of San Bernardino on said Tract
20 Map No. 15315, and shall only be maintained in the event of owner neglect,
21 and the costs for such maintenance, along with incidental costs and
22 interest, will be assessed only to the parcel on which such work is
23 performed. Said assessments will be collected in the same manner as stated
24 herein.
25 SECTION 8. That the City elects to proceed without Notice and Hearing
26 pursuant to Section 12.90.04OC(5) of the Municipal Code as the request
27 represents 100% of the property owners liable to be assessed for the
28 maintenance.
03-09-93 3
RESOLUTION OF INTENTION AND RESOLUTION RESCINDING RESOLUTION NOS. 92-381 AND
92-276 RELATIVr TO PROPOSED ASSESSMENT DISTRICT 'TO. 1007, IN THE PEPPER AND
RANDALL AREA.
1 SECTION 9. A copy of this resolution and a map showing the exterior
2 boundaries of the proposed improvement district with relation to the
3 territory immediately contiguous thereto and to the proposed improvement
4 will be on file with the City Clerk and will be available for inspection by
5 any person or persons interested. This map shall govern for all details as
6 to the extent of the proposed improvement district.
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03-09-93 4
RESOLUTION OF INTENTION AND RESOLUTION RESCINDING RESOLUTION NOS. 92-381 AND
92-276 RELATIV- TO PROPOSED ASSESSMENT DISTRICT 'PTO. 1007, IN THE PEPPER AND
RANDALL AREA.
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
Council Members: AYES NAYS ABSTAIN ABSENT
6
ESTRADA
7
REILLY
8
HERNANDEZ
9
MAUDSLEY
10
MINOR
11
POPE-LUDLAM
12
MILLER
13
14
City Clerk
15
16 The foregoing resolution is hereby approved this day of
19
17
18
19 W.R: HOLCOMB, Mayor
City of San Bernardino
20
21
22 Approved as to form
and legal content:
23
JAMES F. PENMAN,
24 City torney
25 ey:
26
27
28
03-09-93 5
March 11, 1993
File No. 14.40-94
ENGINEER'S REPORT
CITY OF SAN BERNARDINO
PROPOSED ASSESSMENT DISTRICT NO.1007
PEPPER AND RANDALL AREA LANDSCAPE MAINTENANCE DISTRICT
CITY OF SAN BERNARDINO
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 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 1, 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.
EASEMENTS -- Certain easements have been granted to the City on the Tract Map,
for the maintenance of landscaping. The easements allow the district to
maintain the areas which are outside the dedicated rights of way as the
district cannot function on private property. These areas will only be
maintained by the district in the event of owner neglect.
DESCRIPTION OF IMPROVEMENTS -- 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 17 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 not 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 therefore 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 Report - AD 17 Page 3
ASSESSMENT ROLL -- There are 58 parcels to be assessed within the district.
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.
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 17 Page 4
COST SUMMARY
FIRST YEAR:
Cost of proceedings only, estimated at $4,000.00
(See Exhibit 3)
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 = 2,888 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
Inspection by Park & Recreation Dept.
2 hours per week at $20.00 per hour including
benefits per year. $ 2,080
Assessment Engineering -- including preparation of
annual assessment roll, agenda items, resolutions,
correspondence and transmittal to County Auditor/
Controller.
20 hours per year at $20.00 per hour including
benefits $ 400
Water and Electrical Costs
4,217 sq. ft. at $0.06 per sq. ft. $ 253
TOTAL ESTIMATED COST $ 4,841
COSTS FOR AREAS OF SETBACK AND WITHIN CERTAIN EASEMENT DEDICATED TO THE
CITY FOR LANDSCAPE MAINTENANCE PURPOSED ARE NOT INCLUDED HERE AS THEY ARE
ONLY REQUIRED IN THE EVENT OF OWNER NEGLECT.
Engineer's Repor' - AD 1007 Page 5
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. ra
ER G. HARDG ,
Director of Public Works/City Engineer
Filed in the office of the City Clerk
this //# day of ' U 19 3
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VICINITY MAP
(14D /007)
P_.,POSED PEPPER AND RANDALL . sA
LANDSCAPE MAINTENANCE DISTRICT
PROPOSED ASSESSMENT ROLL - AD 1007
(COST OF PROCEEDINGS)
ASSESSMENT NO . ASSESSOR ' S PARCEL NO . AMOUNT OF ASSESSMENT
1 0142-181-19 $ 0 . 00
2 0142-181-22 0 . 00
3 0142-761-01 68 . 96
4 0142-761-02 68 . 96
5 0142-761-03 68 .96
6 0142-761-04 68 . 96
7 0142-761-05 68 .96
8 0142-761-06 68 .96
9 0142-761-07 68 .96
10 0142-761-08 68 .96
11 0142-761-09 68 .96
12 0142-761-10 68 .96
13 0142-761-11 68 . 96
14 0142-761-12 68 .96
15 0142-771-01 68 .96
16 0142-771-02 68 . 96
17 0142-771-03 68 .96
18 0142-771-04 68 .96
19 0142-771-05 68 .96
20 0142-771-06 68. 96
21 0142-771-07 68 .96
22 0142-771-08 68 .96
23 0142-771-09 68 .96
24 0142-771-10 68 .96
03/11/93 EXHIBIT "3" PAGE 1 OF 3
ASSESSMENT NO. ASSESSOR ' S PARCEL NO . AMOUNT OF ASSESSMENT
25 0142-771-11 $ 68. 96
26 0142-771-12 68 . 96
27 0142-771-13 68 . 96
28 0142-771-14 68 . 96
29 0142-771-15 68 . 96
30 0142-771-16 68 . 96
31 0142-771-17 68 . 96
32 0142-771-18 68 . 96
33 0142-771-19 68 .96
34 0142-771-20 68 .96
35 0142-771-21 68 .96
36 0142-771-22 68 .96
37 0142-771-23 68 . 96
38 0142-771-24 68 .96
39 0142-771-25 68 . 96
40 0142-771-26 68 .96
41 0142-771-27 68 . 96
42 0142-771-28 68 . 96
43 0142-771-29 68 .96
44 0142-771-30 68 . 96
45 0142-771-31 68 .96
46 0142-771-32 68 .96
47 0142-771-33 68 .96
48 0142-771-34 68 .96
03/11/93 EXHIBIT "3" PAGE 2 OF 3
ASSESSMENT NO. ASSESSOR ' S PARCEL NO. AMOUNT OF ASSESSMENT
49 0142-771-35 $ 68 . 96
50 0142-771-36 68 . 96
51 0142-771-37 68 . 96
52 0142-771-38 68 . 96
53 0142-771-39 68 . 96
54 0142-771-40 68 .96
55 0142-771-41 68 . 96
56 0142-771-42 68.96
57 0142-771-43 68 . 96
58 0142-771-44 68 .96
59 0142-771-45 68 .96
60 0142-771-46 68.96
TOTALS 60 ASSESSMENTS $ 3,999. 68
03/11/93 EXHIBIT "3" PAGE 3 OF 3
(THIS PAGE INTENTIONALLY LEFT BLANK)
1 .,JPOSED PEPPER AND RANDALL EA
LANDSCAPE MAINTENANCE DISTRICT
PROPOSED ASSESSMENT ROLL - AD 1007
..ASSESSMENT NO. ASSESSOR' S PARCEL NO. AMOUNT OF ASSESSMENT
1 0142-181-19 $ 0 . 00
2 0142-181-22 0 . 00
3 0142-761-01 83 . 46
4 0142-761-02 83 . 46
5 0142-761-03 83 .46
6 0142-761-04 83 . 46
7 0142-761-05 83 .46
6 0142-761-06 83. 46
9 0142-761-07 83.46
10 0142-761-08 83.46
11 0142-761-09 83 .46
12 0142-761-10 83 .46
13 0142-761-11 83.46
14 0142-761-12 83.46
15 0142-771-01 83 .46
16 0142-771-02 83.46
17 0142-771-03 83.46
18 0142-771-04 83. 46
19 0142-771-05 83 .46
20 0142-771-06 83.46
21 0142-771-07 83. 46
22 0142-771-08 83.46
23 0142-771-09 83.46
24 0142-771-10 83.46
03/11/93 EXHIBIT "4" PAGE 1 OF 3
-ASSESSMENT NO. ASSESSOR ' S PARCEL NO. AMOUNT OF ASSESSMENT
25 0142-771-11 $ 83 .46
26 0142-771-12 83 . 46
27 0142-771-13 83 . 46
28 0142-771-14 83 . 46
29 0142-771-15 83 . 46
30 0142-771-16 83 .46
31 0142-771-17 83 . 46
32 0142-771-18 83 . 46
33 0142-771-19 83 .46
34 0142-771-20 83 .46
35 0142-771-21 83. 46
36 0142-771-22 83.46
37 0142-771-23 83.46
38 0142-771-24 83 .46
39 0142-771-25 83 .46
40 0142-771-26 83 .46
41 0142-771-27 83 .46
42 0142-771-28 83.46
43 0142-771-29 83 .46
44 0142-771-30 83.46
45 0142-771-31 83 .46
46 0142-771-32 83.46
47 0142-771-33 83. 46
48 0142-771-34 83. 46
03/11/93 EXHIBIT "4" PAGE 2 OF 3
ASSESSMENT NO. ASSESSOR' S PARCEL NO. AMOUNT OF ASSESSMENT
49 0142-771-35 $ 83 . 46
50 0142-771-36 83 . 46
51 0142-771-37 83 . 46
52 0142-771-38 83 . 46
53 0142-771-39 83 . 46
54 0142-771-40 83 . 46
55 0142-771-41 83 . 46
56 0142-771-42 83. 46
57 0142-771-43 83 . 46
58 0142-771-44 83.46
59 0142-771-45 83.46
60 0142-771-46 83.46
TOTALS 60 ASSESSMENTS $ 4 , 840 .68
03/11/93 EXHIBIT "4" PAGE 3 OF 3