HomeMy WebLinkAbout1994-088
1
2
RESOLUTION NO,
94-88
5
6
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE EXTENSION OF
ASSESSMENT DISTRICT NO. 994 TO PAY FOR THE COST OF EXISTING AUTHORIZED
MAINTENANCE AND OPERATIONS WHICH INCLUDE STREET SWEEPING AND STREET
LIGHTING AND OF PROPOSED MAINTENANCE AND OPERATIONS WHICH INCLUDE GRAFFITI
REMOVAL AND TRAFFIC SIGNAL MAINTENANCE, DECLARING ITS INTENTION TO PROCEED
TO ORDER SUCH MAINTENJI.NCE AND OPERATIONS AND LEVY ASSESSMENTS WITHIN THE
DISTRICT, AND SETTING AND DIRECTING PUBLICATION OF A NOTICE OF A TIME AND
DATE OF PUBLIC HEARINGS.
3
4
7
WHEREAS, the City of San Bernardino (the "City") as an exercise
8 of its municipal affairs powers did enact an ordinance to create Chapter
9 12.90 of the San Bernardino Municipal Code ("Chapter 12.90") entitled
10 "Establishment, Financing and Operation of Assessment Districts" to provide
11 for the procedure for the formation of assessment districts within the
12 City; and
13
WHEREAS, in 1990 the Mayor and Common Council did undertake
14 proceedings pursuant to Chapter 12.90 and did form Assessment District No.
15 994 (the "Assessment District") to pay for the costs and expenses of
16 providing then existing and expanded citywide street sweeping and street
17 lighting services; and
18
WHEREAS, in forming the Assessment District, the Mayor and Common
19 Council did provide that the Assessment District would automatically
20 terminate after five (5) years, unless extended by the Mayor and Common
21 Council after hearing thereon; and
22 WHEREAS, the Mayor and Common Council desire to consider both the
23 extension and modification of the Assessment District and the addition of
24 ci~ywide g~affi~i ~em~v~l a~d traffic signal maintenance to the maintenance
25 8.1i.d operations to be paj.d for through the Assessment District; and
26
WHEREAS, there has been presented to the Mayor and Common Council
27 a prelirr..inary engineer'S report prepared by GFB-Friedrich & Associates,
28 II
03-15-94
94 88
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF INTENTION; EXPANSION OF ASSESSMENT DISTRICT NO.
994
I nc, pursuant to Sect ion 12.90.100 of Chapter 12.90 (the "Preliminary
Engineer's Report") r the original of which is on file in the Office of the
City Clerk; and
WHEREAS, as a further exercise of the powers vested in the City
by virtue of Section 19, Article XVI, California Constitution, the Mayor
and Common Council intend to conduct hearings and hear protests, if any, as
to why the Assessment District should not be extended and the maintenance
and operations provided, without compliance with the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS,
SECTION 1.
Pursuant to Chapter 12.90, the Mayor and Common
Council hereby preliminarily find and determine that the public convenience
and necessity require, and it is the intention of the Mayor and Common
Council to extend the Assessment District, the boundaries of which are the
Corporate City Limits of said City, including any future changes therein.
SECTION 2.
The Mayor and Common Council hereby declare that it
is their intention to proceed pursuant to the provisions of Chapter 12.90
to consider the extension of the Assessment District to pay the costs and
expenses of providing the maintenance and operations described herein, to
levy assessments as described herein and to annex to and incorporate in the
Assessment District the properties described herein.
SECTION 3,
The Preliminary Engineer's Report is hereby
considered received, passed upon and preliminarily approved, as follows:
A. That the map of the Assessment District showing the
boundaries thereof, including those parcels to be annexed to the existing
Assessment District, and the property to be assessed to pay the costs and
II
03-15-94
94 88
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF INTENTION; EXPANSION OF ASSESSMENT DISTRICT NO. 994
expenses of the proposed maintenance and operations designated as "PROPOSED
BOUNDARIES OF ASSESSMENT DISTRICT NO. 994 (CITYWIDE MAINTENANCE DISTRICT)"
is hereby approved and adopted.
Such map shall govern for all details as
to the extent of the Assessment District.
B. That the estimate of the costs and expenses of the
proposed maintenance and operations contained in the Preliminary Engineer's
Report is hereby preliminarily approved and adopted.
C. That the diagram showing the Assessment District and the
boundaries and dimensions of the respective subdivisions of land within the
Assessment District r as the same existed at the time of adoption of this
resolution, is hereby preliminarily approved and adopted.
D. That the proposed assessments upon the several
subdivisions of land in the Assessment District, in proportion to the
benefits to be received by such subdivisions, respectively, from th~
proposed maintenance and operations is hereby preliminarily approved and
adopted.
The map of the Assessment District and the Preliminary
Engineer's Report are on file in the Office of the City Clerk and are
available for inspection by any person or persons interested therein.
SECTION 4.
It is the intention of said Mayor and Common Council
to order certain maintenance operations within the Assessment District,
which maintenance and operations consist of the installation of additional
street lighting to correct current deficiencies in the street lighting
system, energy and maintenance costs for all street lighting, twice a month
street sweeping of all City streets, Citywide graffiti removal and Citywide
traffic signal maintenance_
1/
II
03-15-94
94 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION'OF INTENTION: EXPANSION OF ASSESSMENT DISTRICT NO. 994
SECTION 5.
said contemplated maintenance and operations are of
more than local or ordinary public benefit, and that said Mayor and Common
Council do hereby make the expense of such maintenance and operations
chargeable upon the Assessment District, which Assessment District is
hereby declared to be and incorporate the properties benefited by said
proposed maintenance and operations, and to be assessed to pay the cost and
expense thereof.
All public streets or alleys, or portions thereof, and
certain parcels of land, or portions thereof, owned by any government or
quasi-public agency and utility companies, are hereby excepted from said
assessment. The assessments shall be levied, collected and enforced in the
same manner, at the same time, and subject to the same penalties and
interest as in the case of taxes levied for the City.
SECTION 6,
The assessment benefit procedure to be followed and
the amount to be assessed against each particular parcel will be in
proportion to the estimated benefits to be received by each lot or parcel
from the proposed maintenance and operations. The actual annual assessment
for each lot or parcel shall be in proportion to the total sum of the cost
and expenses of said maintenance and operations and incidentals within the
Assessment District in relation to the number of assessment units assigned
to each such lot or parcel within the Assessment District by the formula as
defined in the Preliminary Engineer's Report.
SECTION 7.
The total estimated costs and expenses for Fiscal
Year 1994-1995 of the proposed maintenance and operations, including
incidental expenses, is $4,460,885.00.
Such costs and expenses may be
advanced by the City subject to reimbursement from the proceeds of the
annual levy of assessments within the Assessment District.
Revi sed 03-29-94
ESOLUTION OF INTENTION: EXPANSION OF ASSESSMENT'DISTRICT NO. 994
94 88
1 SECTION 8. The annual assessment to be levied in subsequent
2 Fiscal Years on the lots and parcels within the Assessment District shall
3 be computed on the basis of the formula as set forth in the Preliminary
4 Engineer's Report, as preliminarily approved or as modified by the Mayor
5 and Common Council following the public hearings thereon. Such annual
6 assessments may be levied pursuant to the provisions of Section 12.90.090
7 of Chapter 12.90 without notice or public hearing so long as such annual
8 assessment shall not exceed the annual assessment levied in the preceding
9 Fiscal Year by the lesser of (a) that percentage equal to the increase
10 during the preceding Fiscal Year in the Consumer Price Index for all Urban
11 Consumers for the Los Angeles-Orange County-Inland Empire area, published
12 by the United States Department of Labor, Bureau of Labor Statistics or (b)
13 five percent (5%). The annual assessment shall be levied each year unless
14 terminated by the Mayor and Common Council.
15 SECTION 9. It is the intention of the City to offer a rebate
16 program to low-income and moderate income facilities. The rebate program
17 will be available once a year in May. This program will be available to
18 property owners with low and moderate income of $14,400 annual income for
19 one person, $ 16,450 annual income for two or more persons within the same
20 household. Such rebate program shall not be considered to be a part of the
21 Assessment District proceedings and the cost of such rebate program,
22 including the administration thereof, shall not be paid from the proceeds
23 of assessments.
24 SECTION 10. The revenues generated by the Assessment District
25 shall be placed into the General Fund of the City to pay for the authorized
26 maintenance and operations, incidental and administrative costs. Said
27 revenues will supplement the City's General Fund thereby releasing other
28 General Fund Moneys to finance additional needed City Services. It has
03-15-94
94 88
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION O~ INTENTION: EXPANSION OF ASSESSME~T DISTRItT NO.99
been determined that the needed services at this time are that of Law
Enforcement.
The Mayor and Common Council shall annually review all
assessments and expenditures and, after a public hearing, shall make a
determination that the sum equal to the Net Proceeds from the Assessment
District, as defined in the Preliminary Engineer's Report, is being spent
from the General Fund on said needed Law Enforcement, or, if not, shall
terminate the Assessment District.
SECTION 11.
NOTICE IS HEREBY GIVEN THAT ON JUNE 8, 1994 AND ON
JUNE 22, 1994, AT THE HOUR OF 7:00 P.M. AT THE STURGES AUDITORIUM, LOCATED
AT 780 NO. "En ST, SAN BERNARDINO, CALIFORNIA 92410, THERE SHALL BE PUBLIC
HEARINGS BEFORE SAID MAYOR AND COMMON COUNCIL FOR THE PURPOSE OF DETERMIN-
ING WHETHER THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE EXTENSION OF'
THE ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 AND WHETHER THE
MAYOR AND COMMON COUNCIL SHOULD PROCEED WITH ORDERING THE ABOVE DESCRIBED
MAINTENANCE AND OPERATIONS.
AT SAID HEARINGS, ANY AND ALL PERSONS INTERESTED MAY APPEAR AND
SHOW CAUSE, IF ANY THEY HAVE, WHY THE MAYOR AND COMMON COUNCIL SHOULD NOT
FIND AND DETERMINE THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
EXTENSION OF THE ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL
ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931; ON
THE QUESTION OF ESTIMATED COSTS, AND THE INTENTION OF THE MAYOR AND COMMON
COUNCIL TO PROCEED TO ORDER THE MAINTENANCE AND OPERATIONS AND LEVY OF
ASSESSMENTS WITHIN THE ASSESSMENT DISTRICT,
SECTION 12. At said public hearings, all persons will be heard,
any holder of title to taxable real property within the boundaries of the
Assessment District may file a protest in writing with the City Clerk, not
Revised 03/21/94
6
94 .
88 RESOLUTION OF INTENTION: EXPANSION OF ASSESSMENT DISTRICT NO. 994
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
later than the hour hereinabove set for the second public hearing,
containing therein a description of the property in which the signer
thereof is interested sufficient to identify the same, and, if the signers
are not shown on the last equalized assessment roll as the owners of such
property 1 must contain or be accompanied by written evidence that such
signers are the owners of such property. The basis for determining the
existence of a majority protest shall be based on the assessment units
assigned to respective lots or parcels involved in proportion to the total
assessment units within the entire Assessment District.
SECTION 13. In the event that these proceedings are abandoned at
any time, the Assessment District as originally formed and currently
existing shall remain in existence and assessments may be levied pursuant
thereto until such Assessment District terminates.
SECTION 14. The City Clerk is authorized and directed to cause a
copy of this resolution to be published in a newspaper of general
circulation published in the City, and that said Clerk shall cause a notice
of the adoption of this resolution to be posted and mailed as required by
Section 12.90.040C of Chapter 12.90.
SECTION 15. A copy of this resolution and the Preliminary
Engineer's Report, including a map showing the exterior boundaries of the
Assessment District, is on file with the City Clerk and will be available
for inspection by any person or persons interested.
I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Mayor and Common Council of the city of San Bernardino at a regular
meeting thereof, held on the 4th day of April , 1994, by the
following vote, to wit:
//
03-15-94
~4
94 B.8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
o
RESOLUTION OF INTENTION: EXPANSION OF ASSESSMENT DISTRICT NO. 994
Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN x
HERNANDEZ x
OBERHELMAN x
DEVLIN x
POPE-LUDLAM x
MILLER x
? ' (I'
J fc C.ALL.L-L
'-- city Clerk
~/,
, I.....
The foregoing resolution is hereby approved this ~ day of
~\,<\l..\ \
, 1994.
/~~;') It~;j~
T6M MINOR, Mayor
City of San Bernardino
Approved as to form and legal content:
JAMES F. PENMAN
:::~~
03-15-94