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HomeMy WebLinkAbout2000-208 1 2 3 4 5 6 7 8 RESOLUTION NO. 2000-708 RESOLUTION OF THE CITY OF SAN BERNARDINO MODIFYING THE ENGINEER'S REPORT AND CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1020, LANDSCAPING MAINTENANCE DISTRICT, MILL AND DALLAS AREA. WHEREAS, by Resolution No. 97-300, the Mayor and Common Council found that the public interest, convenience, and necessity required the formation of a landscaping maintenance district; and 11 12 13 landscaping maintenance in the Mill and Dallas area, pursuant to the provisions of Chapter 12.90 ofthe San Bernardino Municipal Code; and WHEREAS, by Resolution No. 97-251, the Mayor and Common Council declared that 14 all the land included within the boundaries of said district receive a special benefit by the 15 maintenance of said landscaping; and 16 20 WHEREAS, said Resolution No, 97-251 preliminarily approved the Engineer's Report 21 and Resolution No. 97-300 finally approved said Engineer's Report for said Assessment District 22 No. 1020; and 23 WHEREAS, pursuant to Section 12.90.100 of the San Bernardino Municipal Code, the 24 Mayor and Common Council of said City desire to modify said Engineer's Report by 25 26 27 determining that a certain portion of the costs of maintenance within said district shall be a general benefit not assessable to said district; and 28 06/19/00 2000-208 RESOLUTION MODIFYING THE ENGINEER'S REPORT AND CONFIRMING 2000/2001 1 ASSESSMENT ROLL NO. 1020 (MILL AND DALLAS AREA) 2 3 4 5 6 7 8 WHEREAS, a Modified Engineer's Report determining that a certain portion of the costs of maintenance within said district shall be a general benefit not assessable to said district, as set forth therein, has been prepared and is on file in the office of the City Clerk of said City; and WHEREAS, an Assessment Roll has been prepared totaling $ 946.40, which sets forth 11 WHEREAS, the Assessment District was created pursuant to the provisions of Article 12 XIll D of the California Constitution, which provides for the levying of annual assessments 13 without the necessity of following the assessment ballot procedures as long as said assessments 14 do not exceed any prior approved assessment or the methodology of applying assessments is not 15 changed or rates are not increased. 16 17 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 18 CITY OF SAN BERNARDINO AS FOLLOWS: 19 SECTION 1. That the Mayor and Common Council do hereby accept and approve the 20 Modified Engineer's Report for Assessment District No. 1020, on file in the office of the City 21 Clerk. 22 23 SECTION 2. That the Mayor and Common Council do hereby find and determine that California Constitution without the necessity of following the assessment ballot procedures as set forth therein. 06/19/00 2 2000-208 RESOLUTION MODIFYING THE ENGINEER'S REPORT AND CONFIRMING 2000/2001 1 ASSESSMENT ROLL NO. 1020 (MILL AND DALLAS AREA) 2 3 4 5 6 7 8 SECTION 3. That the Mayor and Common Council do hereby find and determine that the proportionate costs to be levied against the parcels of land within Assessment District No. 1020 are correctly set forth on Assessment Roll No. 1020, for the fiscal year 2000/2001, a copy of which is attached hereto as Exhibit "A" and also on file in the office of the City Clerk of the City of San Bernardino. 11 request that the individual assessments be placed on the subject 2000/200 I property tax bills for 12 collection together with all other property taxes. 13 III 14 III 15 III 16 17 18 19 20 21 22 23 24 25 26 27 28 L 06/19/00 3 2000-208 RESOLUTION MODIFYING THE ENGINEER'S REPORT AND CONFIRMING 2000/2001 1 ASSESSMENT ROLL NO. 1020 (MILL AND DALLAS AREA) 2 3 4 5 6 7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a Joint Regular meeting thereof held on the 10th day of July , 20~, by the following vote, to wit: 8 Council Members: A YES NAYS ABSTAIN ABSENT 9 ESTRADA 10 11 12 13 14 15 16 17 18 x LIEN X MCGINNIS X SCHNETZ X SUAREZ X ANDERSON X MCCAMMACK X ~h_~ City Clerk 19 20 The foregoing resolution IS hereby approved this ~ day of July 20 00. 21 22 23 24 25 26 27 28 Approved as to form and legal content: I H V ALLES, Mayor ity f San Bernardino JAMES F. PENMAN City ttomey i{~~L-- 4 2000-208 No Scale 5th 51. Mill 51. .. . o Assessment District No. 1020 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION VICINITY MAP ASSESSMENT DISTRICT NO. 1020 MILL AND DALLAS AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT ~ indicates un-incorporated areas ~ within City's Sphere of Influence Created by: 1-. F oqa~~y Date: 06//9/2000 2000-208 ASSESSMENT DISTRICT NO. 1020 MILL & DALLAS AREA LANDSCAPE MAIN1ENANCE ASSESSMENT DISTRICT in the CITY OF SAN BERNARDINO COUNI'Y OF SAN BERNARDINO 10 8 .. 'CD4 13 ..... CI)3' G:) 2 C[) 1 """""". ''-'L ~ ~ ~ <( lJ1 ::5 -.J C!i Q DRAWING SCAU!: 1- - 100' .-z:1'III1I'....1C~" CITY OF SAN BERNARDINO DEPARTMENT OF PUBlIC WORKS MIIL It DAlLAS AREA LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT DRAIoIING NIl 9704 LEGEND IICtT-L... ...L..... ASSESSMENT DISTRICT BOUNDARY = __.__.__.__ 2000-208 MODIFIED ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 1020 (Mill Street and Dallas Avenue Area Landscape Maintenance Assessment District) in the CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA File No. 14.40-111 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES PUBLIC WORKS DIVISION Prepared June 19, 2000 2000-208 FILED in the office ofthe City Clerk of the City of San Bernardino on the~ day of ,\..A l1 , 2000. ~_h.~ CITY CLERK City of San Bernardino APPROVED by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino, State of California on the 10th day of July ,2000, Resolution No. 2000-208 . ~JJ.~ CITY CLERK City of San Bernardino 2000-208 CITY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS I ENGINEERING MODIFIED ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 1020 (Mill Street and Dallas Avenue Area Landscape Maintenance Assessment District) ORIGINAL REPORT - On August 18,1997, Resolution No. 97-251 was adopted by the Mayor and Common Council of the City of San Bernardino, preliminarily approving the Engineer's Report for Assessment District No. 1020, and on October 6. 1997, Resolution No. 97-300 was adopted by the Mayor and Common Council of the City of San Bernardino, approving the Engineer's Report for Assessment District No. 1020 and confirming the Assessment Roll as originally set forth therein. MODIFICATION - The section entitled "METHOD OF ASSESSMENT AND DETERMINATION OF BENEFIT", as set forth in said Original Report is hereby modified to read as follows: " 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 residential units that utilize the landscaped areas either as ingress and egress or by actual physical use of the land as in the cases of large open areas. The boundaries of the proposed district are drawn with this in mind and the Resolution ofIntention delineates the specific areas of maintenance which ",ill benefit all of the properties within the boundaries. Thus, each residential lot or unit, be it a single family lot, a condominium or an apartment will be assessed an equal share in the cost of maintenance (1 residential lot or unit = I Assessment Unit). The benefit received by the parcels within the boundaries of the district is determined to be of more than ordinary public benefit, thus each parcel within the district being assessed receives a special benefit from the improvements. If property not within the boundaries of a district also receives some benefit from the improvements, consideration must then be given to a general benefit given by the improvements, which may not be assessed to the parcels within the district. Since the installation and maintenance of the landscaping and establishment of an assessment district for the maintenance of the landscaping is specific and incidental to this development, it is further determined that the improvements to be maintained by the assessment district are of special benefit to the district only and are 100% assessable to the parcels within the boundaries of the assessment district, except as follows: 1. Areas of maintenance that front on maior arterial streets, as determined by the Circulation Plan of the City's General Plan, are determined to be 25% general benefit and the proportional costs thereof are not assessable to the District. 2. Areas of maintenance that front on secondary arterial streets, as determined by the Circulation Plan of the City's General Plan, are determined to be 20% general benefit and the proportional costs thereof are not assessable to the District. 1 , 2000-208 3. Areas of maintenance that front on collector streets, as determined by the Circulation Plan of the City's General Plan, are determined to be 15% general benefit and the proportional costs thereofare not assessable to the District. 4. Areas that front on local streets are determined to be 100% special benefit (i.e. 0% general benefit) and are 100% assessable to the District. These percentages are based on the traffic circulation for the various street classifications. Mill Street is classified as a major arterial and represents 100% of the total areas of maintenance. Pursuant to the above determination of benefit, 25% of 100% of the total cost of maintenance will not be assessed to the District. Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception of public right of way, which is not subject to assessments. Presently, no parcels within the district are publicly owned." EFFECTIVE DATE - The effective date of the modifications as set forth herein shall commence on the day approved by said Mayor and Common Council and shall apply to all subsequent assessments approved and levied by said Mayor and Common Council, and shall have no effect an any prior approved assessments. Except as modified herein. the remainder of said oril!inal Enl!ineer's Report shall remain in full effect as approved. III III 2 2000-208 ENGINEER'S STATEMENT This Modified Report, has been prepared and is being filed pursuant to and in compliance with Chapter 12.90 of the San Bernardino Municipal Code and also in compliance with the requirements set forth in Article XmD of the California Constitution for the establishment of Assessment District No. 1020. Date 6- ItI-2.#"O RA~1!t.:j City Engineer 3 2000-208 CITY OF SAN BERNARDINO 2000 I 2001 ASSESSMENT ROLL - AD 1020 CC30-SP85 MILL & DALLAS AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Assessment No. Parcel No. Assessment Amt. 0142-661-79 $72.80 2 0142-661-80 $72.80 3 0142-661-81 $72.80 4 0142-661-82 $72.80 5 0142-661-83 $72.80 6 0142-661-84 $72.80 7 0142-791-01 $72.80 8 0142-791-02 $72.80 9 0142-791-03 $72.80 10 0142.791-04 $72.80 11 0142-791-05 $72.80 12 0142-791-06 $72.80 13 0142-791-07 $72.80 TOTALS: 13 Parcels $946.40 EXHIBIT "A" 1020 I 2000 Pagelofl