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HomeMy WebLinkAbout4514RESOLUTION NO. 4514 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1989-90 IN LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT; SPECIFYING THE EXTERIOR BOUNDARIES OF THE AREAS WITHIN LANDSCAPE MAINTENANCE DISTRICT NO. 1 TO BE ASSESSED COST AND EXPENSE THEREOF; DESIGNATING SAID DISTRICT AS LANDSCAPE MAINTENANCE DISTRICT NO. 1; AND DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO The City Council of the City of Redlands, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California, does resolve as follows: Description of Work SECTION 1. That the public interest and convenience requires and it is the intention of the City Council of the City of Redlands, California, to order the following work be done, to wit• 1. Maintenance and servicing of facilities and landscaping as authorized by Section 22525 of the Streets and Highways Code. 2. Any and all work and materials appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof Location of Work SECTION 2 The foregoing described work is to be located within the following areas 1. Right-of-way and easements (area alo:ig the Wabash Avenue frontage of Tract 13282, the San Bernardino Avenue frontage of Tract 13434 and the Allesandro Road frontage of Tract 13496) more particularly described on a map which is on file in the City Clerk's office, entitled "Proposed Boundary Map," to Landscape Maintenance District No. 1". 2. Right -of -Way and easements along the San Bernardino Avenue frontages of Tracts 13745 and 13765 more particularly described on maps which are on file in the City Clerk's office entitled, "Annexation No 1 to Landscape Maintenance District No 1". 3. Right -of -Way and easements along the Reservoir Road frontage of Tract 13947 more particularly described on maps which are on file in the City Clerk's office entitled, "Annexation No 2 to Landscape Maintenance District No 1". Description of Assessment District SECTION 3. That the contemplated work, in the opinion of said City Council, is more specific and local than ordinary public benefit, and the said City Council hereby makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is described as follows: 1. All that certain territory of the City of Redlands included within the exterior boundary line shown upon that certain "Proposed Boundary Map Landscape Maintenance District No 1", heretofore approved by the City Council of said City by Resolution No. 4259, indicating by said boundary line the extent of the territory included within the proposed assessment district and which map is on file in the Office of the City Clerk of said City. 2. All that certain territory of the City of Redlands included within the exterior boundaries line shown upon that certain "Map of Annexation No. 1 Landscape Maintenance District No 1", heretofore approved by the City Council of said City by Resolution No. 4366, indicating by said boundaries line the extent of the territory included within the proposed assessment district and which map is on file in the Office of the City Clerk of said City. 3. All that certain terricory of the City of Redlands included within the exterior boundaries line shown upon that certain "Map of Annexation No 2 Landscape Maintenance District No 1", heretofore approved by the City Council of said City by Resolution No 4498, indicating by said boundaries line the extent of the territory included within the proposed assessment district and which map is on file in the Office of the City Clerk of said City. Reference is hereby made to said maps for further, full and more particular description of said assessment district, and the said maps so on file shall govern for all details as to the extent of said assessment district Report of Engineer SECTION 4 The City Council of said City by Resolution No. 4513 has approved the report of the Engineer of Work which indicates the amount of the proposed assessment, the district boundary, assessment zones, detailed description of improvements and the rrethod of assessment. The report titled "Engineer's Report, Landscape Maintenance District No 1 1989-90 Fiscal Year", is on file in the office of the City Clerk of said City and was prepared for the 1989-90 Fiscal Year. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work Collection of Assessments SECTION 5. The assessment shall be collected at the time and in the same manner as County taxes are collected The Engineer of Work shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. Time and Place of Hearing SECTION 6. Notice is hereby given that on the 6th day of June, 1989, at the hour of 7:00 p m. in the City Council Chambers at 212 Brookside Avenue, in the City of Redlands, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out in accordance with this Resolution of Intention The City Council will consider all oral and written protests Landscaping and Lighting Act of 1972 SECTION 7. All the work herein proposed shall be done and carried through in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California i Publication of Resolution of Intention SECTION 8 Published notice shall be made pursuant to Section 6061 of the Government Code The publication of notice of hearing shall be completed at least 10 days prior to the date of hearing Certification SECTION 9. The City Clerk shall certify to the adoption of this Resolution APPROVED AND ADOPTED this 16th day of May, 1989 ATTEST: LORRIE POYZER CITY CLERK 711'-_.._-e' CAROLE BESWICK MAYOR OF THE CITY OF REDLANDS Deputy for 7 CITY OF REDLANDS, CALIFORNIA ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 1989-90 FISCAL YEAR SECTION 1. Authority for Report This report is prepared by order of the City Council of the City of Redlands Resolution Number 4488. The report is in compliance with the requirements of Chapter 1, Article 4, Division 15 of the Street and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description The City Council has heretofore elected to form Landscape Maintenance District No 1 consisting of the permanent landscaped areas along the Wabash Avenue frontage of Tract 13282, the San Bernardino Avenue frontage of Tract 13434 and the Allesandro Road frontage of Tract 13496. The Council has also heretofore elected to annex the permanent landscaped improvements along the perimeter street of the following development into Landscape Maintenance District No. 1. 1. Annexation No 1 - The San Bernardino Avenue frontage of Tracts 13745 and 13765. 2. Annexation No 2 - The Reservoir Road frontage of Tract 13947. The City Council has determined that the areas to be landscaped will have an affect upon all lots within the original district and the annexations to the district All landscaped areas are portions of easements or roadway right-of-way previously granted to the City of Redlands. SECTION 3. Plans and Specifications The plans and specifications for the landscaping either have been or are being prepared by the developers. The plans and specifi- cations for the landscaping will be in conformance with the requirements of the City Planning and Community Development Department Reference is hereby made to the subject tract maps and assessment diagrams for the exact location of the landscape areas The plans and specifications by reference are hereby made a part of this report to the same extent as if said plans and specifications were attached hereto 8 SECTION 4. Improvements The developers of Tracts 13434, 13745 and 13282 have installed the roadway improvements along San Bernardino Avenue and Wabash Avenue respectively. These locations may be located on the reduced copies of the assessment diagrams included within this report. Roadway work is not presently underway at any other locations on the other developments in Landscape Maintenance District No 1 The landscaping improvements that were installed along the San Bernardino Avenue frontage of Tract 13434 have been accepted for maintenance by the City however the landscaping has deteriorated badly. The turfed areas need substantial work, probably total removal and replacement. The ground cover areas have eroded spots which need remedial repair. There are also several grafitti symbols on the block wall which need to be removed. The landscaping along Tracts 13745 and 13282 is in generally satisfactory condition and will be accepted for maintenance by the City during the 1989-90 fiscal year. The City Staff is presently developing procedures for inspection, acceptance and maintenance of the landscaping improvements. It is anticipated that the City Forester will be the individual assigned the overall responsibility. SECTION 5. Estimated Maintenance Costs It is anticipated that the City will contract for maintenance services on the landscaping improvements. The City's record - keeping will be required to be sufficiently accurate to detail the expenses so that these costs may be recaptured through assessments. Due to the restrictions placed upon municipal budgets through the passage of Jarvis -Gann and the lag between the time assessments are made and revenues are collected by the City, it is appropriate that assessments be made in advance of the anticipated expenditures to provide working capital for the maintenance effort This method will be used for all developments which have had final tract maps filed. In this case it is reasonable to expect these landscaping improvements to be completed within the 19E9-90 Fiscal Year. Developments not likely to have landscaping improvements completed during the 1989-90 fiscal year, specifically those not having final tract maps filed at this time, should not have assessments assigned to them for maintenance. There is however, one exception. Since the district does need advance funds with which to maintain landscaping improvements, there will be an assessment applied during the first annual engineer's report which is subsequent to the annexation's confirmation. There will therefore be an assessment levied on Annexation No. 2 to Landscape Maintenance District No. 1 Developments tnat had assessments assigned previously but which have not yet had landscaping improvements installed should not be assessed this fiscal year providing their fund balance is sufficient. The following assessments include costs or balances accumulated to date, and estimated costs for the 1989-90 Fiscal Year for the landscaping to be maintained by Landscape Maintenance District No. 1. Landscape Maintenance District No. 1 - Tracts 13282, 13434 and 13496 (Original District Formation) Tract 13282 (38 lots) 1989-90 Fiscal Year Maintenance 0 4 Ac. @ $500/Ac/Mo = $2,400 Water & Electric = 800 Vandalism & Sprinkler Repair = 200 $3,400 Incidental Expenses Administration & Engineering = $1,558 Contingency _ 500 2,058 1989-90 Estimated Costs $5,458 Estimated June 30 Fund Balance 2,243 1989-90 Assessment $5,500 Tract 13434 (78 lots) 1989-90 Fiscal Year Maintenance 0.6 Ac. @ $500/Ac/Mo Water & Electric Vandalism & Sprinkler Repair Incidental Expenses $3,600 1,000 400 $5,000 Administration & Engineering = $3,198 Contingency = 500 3,698 1989-90 Estimated Costs Estimated June 30 Fund Balance 1989-90 Assessment Tract 13496 (9 lots) $8,698 4,423 $8,700 Since there are not any improvements to maintain, the assessment will be for incidental expenses only. 1989-90 Fiscal Year Incidental Expenses Administration & Engineering = $369 Contingency = 50 419 1988-89 Estimated Costs Estimated June 30 Fund Balance 1988-89 Assessment $ 419 3,073 $ 419 Annexation No. 1 - Tract 13745 (38 lots) 1989-90 Fiscal Year Maintenance 0.15 Ac @ $500/Ac/Mo $ 900 Water & Electric - 300 Vandalism & Sprinkler Repair = 150 $1,350 Incidental Expenses Administration & Engineering = $1,558 Contingency = 200 1,758 1989-90 Estimated Costs $3,108 Estimated June 30 Fund Balance 1,156 1989-90 Assessment $3,200 Annexation No. 1 - Tract 13765 (25 lots) Since this tract has not been developed the assessment will be for incidental expenses only. 1989-90 Fiscal Year Incidental Expenses Administration & Engineering - $1,025 Contingency = 200 1,225 1989-90 Estimated Costs $1,225 Estimated June 30 Fund Balance 432 1989-90 Assessment $1,300 Annexation No. 2 - Tract 13947 (35 lots) 1989-90 Fiscal Year Maintenance 1.25 Ac. @ $500/Ac/Mo = $3,750 Water & Electric = 1,000 Vandalism & Sprinkler Repair = 400 Incidental Expenses $5,150 Administration & Engineering = $1,435 Contingency = 200 1,635 1989-90 Estimated Costs $6,785 Estimated June 30 Fund Balance 0 1989-90 Assessment $6,785 SECTION 6. Assessment Diagram Copies of the assessment diagrams were attached to the Engineer's Reports and were labeled "Exhibit A". By reference, these maps are included as part of this report SECTION 7. Assessment The City Council, in forming Landscape Maintenance District No. 1 and in annexing territories to the district, has maintained the philosophy that the subdivider or developer is responsible for the plantings, irrigation system and the maintenance of the improvements until they become well established. The assessments for maintenance thus only include anticipated costs incurred subsequent to the acceptance of the system by the City Council on behalf of the Maintenance District The maintenance of the landscaping is vital for the protection of both economic and humanistic values of the development The City Council has heretofore determined that for the preservation of values incorporated within developments adjacent to landscaped areas, the landscaped areas should be included in a maintenance district to ensure satisfactory levels of maintenance. The establishment of the assessment for each development must be on a unit by unit basis which will preserve the integrity of each project. There should be a review of each annexation to determine the effect upon the other units that have been developed. These possible effects will have to be considered when determining the annual assessments The determination of benefit for the lots within the district takes into consideration the following facts for the original district and all annexations thereto• Original District - Tracts 13282, 13434 and 13496 1. The purpose of landscaping is to provide an aesthetic impression on the area. 2. The maintained landscaping benefits all properties in the development. 3. The benefit to the lots not adjacent to the landscaped areas benefit by the uniform maintenance and appearance All lots not abutting the landscaped areas benefit equally. 4. The landscaping on the Wabash Avenue and San Bernardino Avenue boundaries of Tracts 13282 and 13434 respectively, is oriented away from the units adjacent to the landscaped areas, however these properties were given a 10 percent surcharge to recognize proximity and support benefit. 5. The landscaping in the common area along the Allesandro Road frontage of Tract 13496 is oriented towards all the units. Two of the lots abut the landscaped areas and were given a 20 percent surcharge to recognize proximity and support benefit. 6. The lots to receive surcharge shall be considered to be within Assessment Zone "A". Formula for Assessment A = Assessment per interior lot L = Number of lots not adjacent to landscaping areas on the Wabash Avenue frontage of Tract 13282, the San Bernardino Avenue frontage of Tract 13434 and the Allesandro Road frontage of Tract 13496. P = Number of lots with 10 percent or 20 percent surcharge LA + P [(1.10) or (1 20)] A = Amount to be assessed The 1989-90 assessment will be spread based upon the preceding formula. Tract 13282 Total lot count in Tract 13282 is 38 lots, with 8 of these lots being adjacent to Wabash Avenue Estimated 1989-90 Assessment (30A) + 8 (1 10A) = $ 5,500 A = $ 141.75 Amount of assessment for lots not adjacent to the landscaping areas on Wabash Avenue = $141.75. Amount of assessments for lots adjacent to Wabash Avenue with 10 percent surcharge = $155.93 Tract 13434 Total lot count in Tract 13434 is 78 lots, with 4 of these lots being adjacent to San Bernardino Avenue. Estimated 1989-90 Assessment (74A) + 4 (1 10A) = $ 8,700 A = $ 110.97 Amount of assessment for lots not adjacent to the landscaping areas on San Bernardino Avenue = $110.97. Amount of assessments for lots adjacent to San Bernardino Avenue with 10 percent surcharge = $122.07. Tract 13496 Total lot count in Tract 13496 is 9 lots, with 2 of these lots being adjacent to Allesandro Road. Estimated 1989-90 Assessment (7A) + 2 (1 2A) = $ 419 A = $ 44.57 i a Amount of assessment for lots not adjacent to the landscaping areas on Allesandro Road = $44.57. Amount of assessments for lots adjacent to Allesandro Road with 20 percent surcharge = $53 49. Annexation No. 1 - Tract 13745 1. The purpose of landscaping is to provide an aesthetic impression on the area. 2. The maintained landscaping benefits all properties in the development. 3. The benefit to the lots not adjacent to the landscaped areas benefit by the uniform maintenance and appearance All lots not abutting the landscaped areas benefit equally. 4. The landscaping on San Bernardino Avenue is oriented away from the lots adjacent to the landscaped areas, however these properties were given a 10 percent surcharge to recognize proximity and support benefit These lots are within Assessment Zone "A" as shown on the Assessment Diagram.. Formula for Assessment A = Assessment per interior lot L = Number of lots not adjacent to landscaping areas on San Bernardino Avenue P = Number of lots with 10 percent surcharge within Assessment Zone "A" LA + P (1 10) A = Amount to De assessed The 1989-90 assessment will be spread based upon the preceding for- mula. Total lot count in the tract is 38 lots, with 9 of these lots being adjacent to San 3ernardino Avenue Estimated 1989-90 Assessment (29A) + 9 (1.10A) = $ 3,200 A = $ 82.26 - 16 - Amount of assessment for lots not adjacent to the landscaping areas on the San Bernardino Avenue = $82.26. Amount of assessments for lots within Assessment Zone "A" adjacent to the San Bernardino Avenue landscaping areas with 10 percent surcharge = $90.49. 1989-90 Assessments Tract Numbers 13745 Lots 16 through 24 = $90 49 each All remaining lots = $82 26 each Annexation No. 1 - Tract 13765 1. The purpose of landscaping is to provide an aesthetic impression on the area 2. The maintained landscaping benefits all properties in the development. 3. The benefit to the lots not adjacent to the landscaped areas benefit by the uniform maintenance and appearance All lots not abutting the landscaped areas benefit equally. 4. The landscaping on San Bernardino Avenue is oriented away from the lots adjacent to the landscaped areas, however these properties were given a 10 percent surcharge to recognize proximity and support benefit. These lots are within Assessment Zone "A" as shown on the Assessment Diagram. Formula for Assessment A = Assessment per interior lot L = Number of lots not adjacent to landscaping areas on San Bernardino Avenue P = Number of lots with 10 percent surcharge within Assessment Zone "A" LA + P (1 10) A = Amount to be assessed The 1989-90 assessment will be spread based upon the preceding for- mula. Total lot count in the tract is 25 lots, with 2 of these lots being adjacent to San Bernardino Avenue. Estimated 1989-90 Assessment (23A) + 2 (1.10A) = $ 1,300 A = $ 51.59 Amount of assessment for lots not adjacent to the landscaping areas on the San Bernardino Avenue = $51.59. Amount of assessments for lots within Assessment Zone "A" adjacent to the San Bernardino Avenue landscaping areas with 10 percent surcharge = $56.75. 1989-90 Assessments Tract Numbers 13765 Lots 2 through 24 = $56.75 each All remaining lots = $51 59 each Annexation No. 2 - Tract 13947 1. The purpose of landscaping is to provide an aesthetic impression on the area. 2. The maintained landscaping benefits all properties in the development. 3. The benefit to the lots not adjacent to the landscaped areas benefit by the uniform maintenance and appearance. All lots not abutting the landscaped areas benefit equally. 4. The landscaping on Reservoir Road is oriented away from the lots adjacent to the landscaped areas, however these properties were given a 10 percent surcharge to recognize proximity and support benefit. These lots are within Assessment Zone "A" as shown on the Assessment Diagram Formula for Assessment A = Assessment per interior lot L = Number of lots not adjacent to landscaping areas on Reservior Road P = Number of lots with 10 percent surcharge within Assessment Zone "A" LA + P (1 10) A = Amount to be assessed The cost of planting and installing improvements is to be paid by the developer. For the benefit of the future owners the estimated 1989-90 assessment will be spread based upon the preceding formula Total lot count in the district is 35 lots, with 4 of these lots being adjacent to Reservoir Road. 1989-90 Assessment (31A) + 4 (1 10A) _ $ 6,785 A = $ 191.67 Amount of assessment for lots not adjacent to the landscaping areas on the Reservoir Road = $191 67. Amount of assessments for lots within Assessment Zone "A" adjacent to the Reservoir Road landscaping areas with 10 percent surcharge = $210.83. 1989-90 Assessments Tract Number 13947 Lots 8, 26, 27 and 35 = $210.83 each All remaining lots = $191 67 each * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The City Council will hold a public hearing in June 1989 to determine the assessments based upon the costs for 1989-90 Fiscal Year which are anticipated to be incurred by the City and which are to be recovered through assessments as required by the Landscaping and Lighting District Act of 1972. SECTION 8. Order of Events 1. City Council adopts resolution of preliminary approval of Engineer's Report. 2. City Council adopts resolution of intention specifying the district boundary and sets a public hearing. 1 i 3. City Council conducts public hearing, considers all testimony and determines whether to confirm the annual assessments. Submitted By: Noel- L Christensen R C.E. 15398 Engineer of Work RESOLUTION NO. 4515 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ORDERING THE MAINTENANCE OF IMPROVEMENTS IN LANDSCAPE MAINTENANCE DISTRICT NO. 1 GIVING FINAL APPROVAL OF THE ENGINEER'S REPORT, AND CONFIRMING THE ASSESSMENT FOR THE 1989-90 FISCAL YEAR WHEREAS, the City Council of the City of Redlands did on the 16th day of May, 1989, adopt its Resolution of Intention No. 4514 to order the therein described work in connection with the assessment procedures in Landscape Maintenance District No. 1, which Resolution of Intention No 4514 was duly and legally published in the time, form and manner as required by law, shown by the affidavit of Publication of said Resolution of Intention on file in the office of the City Clerk, and WHEREAS, said City Council having duly received and considered evidence, oral and documentary, concerning the jurisdiction facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom and said City Council having now acquired jurisdiction to order the proposed maintenance work; SECTION 1 it is hereby resolved by the City Council of the City of Redlands that the public interest and convenience requires the continuation of assessment procedures for the district, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No 4514 , be done and made; and SECTION 2. Be it further resolved that the report filed by the Engineer is hereby finally approved; and SECTION 3. Be it finally resolved that the assessments for Fiscal Year 1989-90 and method of assessment in the Engineer's Report are hereby approved APPROVED AND ADOPTED this 6th day of June, 1989 !:6/7_,,,,t.,/ galz.,,,c .' CAROLE BESWICK MAYOR OF THE CITY OF REDLANDS ATTEST: •� 1..�. i LORRIE P'PDYZER CITY CT„RK 031006 00 310061(61,3 sv)