HomeMy WebLinkAbout2006-091
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RESOLUTION NO. 2006-91
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE FORMATION OF A LANDSCAPE MAINTENANCE AND STREET LIGHTING
ASSESSMENT DISTRICT LOCATED IN THE SAN BERNARDINO INTERNATIONAL
AIRPORT/ALLIANCE-CALIFORNIA AREA, GENERALLY NORTH OF CENTRAL
A VENUE, EAST OF LENA ROAD AND SOUTH OF 3RD STREET, 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. 1022, ZONE 1, ZONE 2, AND ZONE 3; 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. 1022,
San Bernardino International/Alliance-California Area Landscape Maintenance and Street Lighting
Assessment District; Zone I, Zone 2, and Zone 3.
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 find 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. 1022, the boundaries of which are generally as follows:
Zone I: The centerline of3'd Street; the east line and the centerline of Tippecanoe Avenue;
the easterly prolongation of north line of Mill Street; the southerly prolongation of the west line of
Del Rosa Avenue; the north line of Rialto Avenue; and the west line of Leland Norton Way.
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2006-91
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RESOLUTlON DECLARING THE INTENTlON TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT
INVESTlGATlON, LIMITATlON AND MAJORITY PROTEST ACT OF 1931, IN THE SAN
BERNARDINO INTERNATlONAL AIRPORT/ALLIANCE-CALIFORNIA AREA (AD 1022).
Zone 2: The north line of Timber Creek; the west line of Lena Road; the south and
centerline of Mill Street; and the centerline of Tippecanoe A venue.
Zone 3: The centerline of Mill Street; the easterly lines of Tract Nos. 2505 and 1846; the
southerly line of said tract No. 1846; the easterly line of Parcel Map No. 7405; the centerline of
Central Avenue; and the centerline of Tippecanoe Avenue.
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 and future assessments,
which Report and Assessment District Boundary 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
following:
Zone 1: The maintenance of landscaping and all appurtenances, and street light energy and
maintenance costs and all appurtenances, along portions of the following streets or easements
adjacent thereto: the south side of 3rd Street; the east side and the west side of, and the median
within Tippecanoe Avenue, north of Harry Sheppard Boulevard; the east side of and the median
within Tippecanoe Avenue between Harry Sheppard Boulevard and Mill Street; the north and south
sides of Harry Sheppard Boulevard; the east side and west side of, and the median within Del
Rosa Avenue; the north side ofRialto Avenue; and the west side of Leland Norton Way. all within
said boundaries of said Zone 1. The estimated cost of said maintenance within Zone 1 for the first
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2006-91
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 SAN
BERNARDINO INTERNATIONAL AIRPORT/ALLIANCE-CALIFORNIA AREA (AD 1022).
year, including incidental costs is $ 62,863.90.
Zone 2: The maintenance of that certain drainage channel referenced as Timber Creek,
between Tippecanoe Avenue and Lena Road and all appurtenances thereto; the maintenance of
landscaping and all appurtenances, and street light energy and maintenance costs and all
appurtenances, along portions of the following streets or easements adjacent thereto: the east side
of, and the median within said Lena Road, between Timber Creek and Mill Street; the north side
of, and the median within Mill Street; the west side of, and the median within Tippecanoe Avenue,
between Mill Street and Timber Creek, all within said boundaries of Zone 2. The estimated cost
of said maintenance within Zone 2 for the first year, including incidental costs is $ 35,119.11.
Zone 3: The maintenance of landscaping and all appurtenances, and street light energy and
maintenance costs and all appurtenances, along portions of the following streets: the south side of,
and the median within Mill Street; the west side of, and the median within Tippecanoe Avenue,
between Mill Street and Central Avenue; the north side of Central Avenue, all within said
boundaries of Zone 3. The estimated cost of said maintenance within Zone 3 for the first year,
including incidental costs is $ 30,119.46.
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
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,
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2006-91
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 SAN
BERNARDINO INTERNATIONAL AIRPORT/ALLIANCE-CALIFORNIA AREA (AD 1022).
alleys and drainage channels, or portions thereof, 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
assessed against each particular parcel will be based upon the basis of a square footage of land area
of that parcel as a portion of the total square footage ofland area within the respective zone, and
percentage of costs will be assessed accordingly. 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 S. 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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credit to the following year's assessment or retained in a reserve to offset future increases. Interest
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will be charged on any portion of the assessments which are not pre-funded through previous
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2006-91
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 SAN
BERNARDINO INTERNATIONAL AIRPORT/ALLIANCE-CALIFORNIA AREA (AD 1022).
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 GIVEN that a public meeting will be held before the
Mayor and Common Council of the City of San Bernardino on Monday, May 15. 2006, at the hour
of 4:00 p.m., and that a public hearing will be held on Monday. June 5, 2006, at the hour of 4:00
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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., June 5,2006. Each protest must be signed by the owners thereof and must contain sufficient
information to properly identifY said property. No action will be taken to approve the formation of
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2006-91
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 SAN
BERNARDINO INTERNATIONAL AIRPORT/ALLIANCE-CALIFORNIA AREA (AD 1022).
the district until the conclusion of said public hearing on June 5, 2006. 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 shovm 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.
[fby the conclusion of said public hearing on June 5, 2006, 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. "D" 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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2006-91
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 SAN
BERNARDINO INTERNATIONAL AIRPORT/ALLIANCE-CALIFORNIA AREA (AD 1022).
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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2006-91
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 SAN
BERNARDINO INTERNATIONAL AIRPORT/ALLIANCE-CALIFORNIA AREA (AD 1022).
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a j oint regular
meeting
thereof held on the 3rd
day of April
,20~, by the following
vote, to-wit:
Council Members: A YES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
BAXTER X
MCGINNIS X
DERRY X
KELLEY x
JOHNSON x
MCCAMMACK X
~k~
.(j:
The foregoing resolution is hereby approved this"5 day of April
,20~
~~f~.~~MaYOr
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City ttorney
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