HomeMy WebLinkAbout2005-331
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RESOLUTION NO. 2005-331
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
LOCATED IN THE IRVINGTON AVENUE AND CHESTNUT AVENUE AREA
WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION,
LIMITATION AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS
INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE
KNOWN AS ASSESSMENT DISTRICT NO. 1039; PRELIMINARILY APPROVING THE
ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC
HEARING.
WHEREAS, the City of San Bernardino (hereinafter called "City") as an exercise of its
municipal affairs powers has enacted an Assessment District Ordinance (Municipal Code Chapter
12.90) to provide for the procedure for the formation of assessment districts within the City; and
WHEREAS, it has now become necessary to consider the formation of a landscape
maintenance assessment district within the City, to be known as Assessment District No. 1039,
Irvington Avenue and Chestnut AvenUe area Landscape Maintenance Assessment District.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, the
Mayor and Common Council of said City hereby preliminarily fmd and determine that the public
convenience and necessity require, and it is the intention of the Mayor and Common Council to
form Assessment District No. 1039, the boundaries of which are generally as follows:
The centerline of Belmont on the northeast; the centerline of Magnolia A venue on
the northwest; the centerline of Irvington Avenue on the southwest; the easterly line
of that certain 45 foot easement reserved to the City of San Bernardino for
recreational trails, being a portion of vacated Chestnut Avenue, together with the
full right of way boundaries at the intersections of Belmont Avenue and vacated
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICf WImoUT COMPLIANCE WIm mE SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACf OF 1931, IN THE IRVINGTON
A VENUE AND CHESTNUT A VENUE AREA <AD 1039).
Chestnut Avenue and the intersections of Irvington Avenue and Chestnut Avenue;
and also together with that certain landscape easement dedicated to the City of San
Bernardino for landscape maintenance across the most northwesterly comer of Lot
44 of tract No. 13307; and also together within easements granted to the City of San
Bernardino for landscape maintenance across the northwesterly 15 feet of Lot 30
and Lots 66 through 70 of said Tract No. 13307.
Reference is hereby made to the Engineer's Report on file in the office of the City Clerk of said
City for a map of the boundaries of said district, a description of the maintenance, an estimated cost
of the maintenance, and a proposed assessment roll which Report and Assessment District Map are
hereby preliminarily approved.
SECTION 2. It is the intention of said Mayor and Common Council to order
improvements within the district, which improvement shall consist of, but are not limited to, the
maintenance of landscaping and all appurtenances along portions of the southerly side of Belmont
A venue, the easterly side of Magnolia Avenue; and the trail system and all appurtenances
including landscaping, entry monuments and hardscaping within and along vacated Chestnut
A venue and exercise stations along said trail system, within and adjacent to Tract No. 16443. The
estimated cost of said maintenance for the first year, including incidental costs, less general benefit
amounts, is $24.993.60.
SECTION 3. Said contemplated work and improvements is of more than local or ordinary
public benefit, and that said Mayor and Common Council do hereby make the expense of such
work and improvement chargeable upon the district, which district is hereby declared to be the
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE IRVINGTON
A VENUE AND CHESTNUT A VENUE AREA (AD 1039).
district benefited by said proposed work and improvement, and to be assessed to pay the cost and
expense thereof, except as otherwise may be set forth in said Engineer's Report. All public streets
or alleys, or portions thereof, and Lot "A" of said Tract No. 16443, are hereby excepted from said
assessment, as set forth in said Engineer's Report.
SECTION 4. The assessment benefit procedure to be followed and the amount to be
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assessed against each particular parcel will be based upon the basis of a single residential unit being
one assessment unit and the percentage of costs will be assessed proportional to the percentage of
the total assessment units on each parcel as it relates to the total number of assessments, actual or
by formula, within the district. Reference is hereby made to said Engineer's Report, on file in the
office of the City Clerk of said City, for full particulars and proposed assessment amount against
each parcel.
SECTION 5. The assessment financing alternative to be followed shall be as follows,
to-wit:
The estimated cost of the first year's maintenance, as set forth in said Engineer's report, shall be
assessed against the properties involved within the current fiscal year or the fiscal year following
the establishment of the district. Depending on when the costs are assessed relative to when the
maintenance is assumed by the City, this assessed amount can be used as a source of pre-funding
the first year's maintenance contract and incidental costs. Once the district has assumed the
responsibility for the maintenance, the properties shall be assessed each year thereafter to establish
a source of pre-funding each year's costs; or for the actual contract and incidental costs. If there
are surplus amounts in the event of pre-funding of costs, then such surplus may be applied as a
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RESOLUTION DECLARING mE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT WImOUT COMPLIANCE WIm mE SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN mE IRVINGTON
A VENUE AND CHESTNUT AVENUE AREA (AD 1039).
credit to the following year's assessment or retained in a reserve to offset future increases. Interest
will be charged on any portion of the assessments which are not pre-funded through previous
assessments. The interest rate shall be based upon the average rate of the City's current earnings
on invested funds during the period of expenditure. 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 property taxes. Said assessments will be collected in perpetuity, or until
terminated by the Mayor and Common Council. Reference is made to said Engineer's Report for
full particulars.
SECTION 6. NOTICE IS HEREBY GNEN that a public meeting will be held before the
Mayor and Common Council of the City of San Bernardino on Monday, November 7, 2005, at
the hour of 4:00 p.m., and that a public hearing will be held on Monday, November 21, 2005, at
the hour of 4:00 p.m., both in the Council Chambers of City Hall, 300 N. "D" Street, San
Bernardino, California for the purpose of determining whether the public convenience and
necessity require the formation of the proposed maintenance 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 improvements. At
said public meeting and public hearing, any person may appear and file objections relative to the
proposed district, the proposed maintenance or the costs thereof. Any person owning property
within the proposed district may protest against said district, the proposed maintenance or the costs
thereof, by filing a written protest with the City Clerk, 300 N. "D" Street, San Bernardino,
California, 92418, prior to 4:00 p.m., November 21,2005. Each protest must be signed by the
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE IRVINGTON
A VENUE AND CHESTNUT A VENUE AREA (AD 1039).
owners thereof and must contain sufficient information to properly identify said property. No action
will be taken to approve the formation of the district until the conclusion of said public hearing
on November 21, 2005. All property owners within the proposed district will also be mailed ballots
which may be used to indicate support of or opposition to the proposed assessment. A majority
protest shall exist if the total amount of assessments shown on the ballots returned in opposition
to the assessment is greater than the total assessment amount of ballots returned in support of the
assessment. All ballots must be received in the Office of the City Clerk by no later than the time
and date of the public hearing as stated herein.
If by the conclusion of said public hearing on November 21, 2005, protests have been filed
and not withdrawn by property owners representing over 50% of the assessment units to be
assessed, or ballots returned representing over 50% of the assessment amount of the returned
ballots, these proceedings shall be abandoned and no assessments shall be imposed.
Additional information may be obtained by contacting the Department of Development
Services, Real Property Section, at (909) 384-5026 or by writing to same at 300 N. "0" Street, San
Bernardino, California, 92418.
SECTION 7. A copy of this resolution and a map showing the exterior boundaries of the
proposed improvement district with relation to the territory immediately contiguous thereto and to
the proposed improvement will be on file with the City Clerk and will be available for inspection
by any person or persons interested. This map shall govern for all details as to the extent of the
proposed improvement district.
SECTION 8. The City Clerk is hereby authorized and directed to publish a copy of this
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT WITHOUT COMPLIANCE WIm THE SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE IRVINGTON
A VENUE AND CHESTNUT A VENUE AREA (AD 1039).
Resolution in the San Bernardino County Sun, a newspaper of general circulation published in the
City, and shall cause Notice to be mailed as required by Section 12.90.040(C) of the San
Bernardino Municipal Code.
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, IN THE IRVINGTON
AVENUE AND CHESTNUT AVENUE AREA (AD 1039).
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
held on the 3 rd day of October
Council Members: AYES NAYS
ESTRADA X
LONGVILLE X
MCGINNIS X
DERRY X
KELLEY X
JOHNSON X
MCCAMMACK X
meeting thereof
, 20 05 , by the following vote, to-wit:
ABSTAIN ABSENT
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The foregoing resolution is hereby approved this rJ1 October , 20~.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
09/13/05
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