HomeMy WebLinkAbout2006-126
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 NO. 2006-126
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT
BALLOTS SUBMITTED IN FAVOR OF THE ASSESSMENT EXCEED THE BALLOTS
SUBMITTED IN OPPOSITION TO THE ASSESSMENT AND THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE OF
LANDSCAPING IN THE AREA OF SHANDIN HILLS DRIVE AND SHADY CREEK
DRIVE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN
ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN
AS ASSESSMENT DISTRICT NO. 1042, ORDERING THE WORK, CONFIRMING THE
2006-2007 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL
ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF
1931 SHALL NOT APPLY.
WHEREAS, pursuant to Chapter 12.90 of the San Bernardino Municipal Code, the Mayor
and Common Council of the City of San Bernardino have preliminarily found that the public
interest, convenience, and necessity require the maintenance of landscaping in a portion of the City,
as more fully hereinafter described, and the appurtenances and appurtenant work and incidental
costs and expenses in connection therewith, that the project is feasible, and that the lands to be
assessed will be able to carry the burden of the proposed assessments to pay the costs and expenses
thereof; and
WHEREAS, on April 17, 2006, the Mayor and Common Council of the City of San
Bernardino preliminarily approved the Engineer's Report relative to the formation of Assessment
District No. 1042, which is on file in the office of the City Clerk, and adopted Resolution No.
2006-102 entitled:
"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 SHANDIN HILLS DRIVE AND SHADY CREEK DRIVE 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. 1042; PRELIMINARILY APPROVING THE
05/1 0/2006
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
1\
2006-126
RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST...APPROVING THE
ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1042, ORDERING WORK AND
APPROVING 2006-2007 ASSESSMENT ROLL, (SHANDIN HILLS DRIVE AND SHADY CREEK DRIVE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC
HEARING."
which said resolution was duly and legally published and notice given of a Public Meeting and a
Public Hearing in the manner required by law; and pursuant to Section 4 of Article xmD of the
California Constitution, all property owners given notice were also given an Assessment Ballot to
indicate support or opposition to the proposed assessment, and written objections and protests, if
any, to the formation of the proposed district, the work to be done or the extent of the district to be
assessed; and
WHEREAS, a Diagram of the Assessment District has been prepared and is on file in the
office of the City Clerk; and
WHEREAS, an Assessment Roll has been prepared totaling $62.177.04, which sets forth
the individual assessments to be levied on each of the parcels ofland within Assessment District
No, 1042, for the fiscal year 2006-2007, as set forth in the Engineer's Report, as now submitted,
on file in the office of the City Clerk.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That a Public Meeting having been held on May I, 2006, and a Public
Hearing having been held on May 15,2006, the Mayor and Common Council, having heard and
considered any and all comments received thereon and being fully advised in the premises, hereby
determine that any and all protests received represent less than a Majority Protest, as represented
by the assessment units assessable on the properties represented by said protests.
05/1 0106
2
II
2006-126
RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST .APPROVING THE
1 ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1042, ORDERING WORK AND
APPROVING 2006-2007 ASSESSMENT ROLL, (SHANDIN HILLS DRIVE AND SHADY CREEK DRIVE AREA
2 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
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
SECTION 2. That ballots having been received and considered, it is hereby determined
that the ballots submitted in favor of the assessment exceed the ballots submitted in opposition to
the assessment.
SECTION 3. That it is hereby determined that all properties, parcels and lots within the
boundaries of the Assessment District receive a local and direct benefit for the works of
improvement as proposed for said Assessment District, except for portions determined to be of a
general benefit as set forth in said Engineer's Report, and it is hereby further determined and
declared that all assessable costs and expenses have been apportioned and spread over the
properties within the boundaries of the Assessment District in direct proportion to the benefits
received thereby.
SECTION 4. That the public convenience and necessity require the proposed maintenance
and the Mayor and Common Council hereby order, by an affirmative vote of not less than 4/5ths
of its members voting thereon, the formation of Assessment District No. 1042, along with the
work and appurtenances described in said Resolution No. 2006-102 and said Engineer's Report as
herein approved and that the Special Assessment Investigation, Limitation and Majority Protest
Act of 1931 shall not apply.
SECTION 5. That the Engineer's Report relative to the formation of Assessment District
No. 1042, as now submitted, together with a Diagram of the Assessment District, both on file
in the office of the City Clerk, are hereby accepted and approved and that said Engineer's Report
shall stand as the Report for all future proceedings for this Assessment District.
05/1 0/06
3
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
\1
II
2006-126
RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST...APPROVING THE
ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1042, ORDERING WORK AND
APPROVING 2006-2007 ASSESSMENT ROLL, (SHANDlN HlLLS DRIVE AND SHADY CREEK DRIVE AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
SECTION 6. 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. 1042,
are correctly set forth on Assessment Roll No. 1042, for the fiscal year 2006-2007, as set forth in
said Engineer's Report, as now approved, and on file in the office of the City Clerk of the City of
San Bernardino, and do hereby confirm said assessments.
SECTION 7. The City Clerk is hereby directed and authorized to publish a Notice Inviting
Bids for performing the work ordered, in the San Bernardino County Sun, a newspaper published
and circulated in said City, according to the specifications prepared or as will be prepared by the
City Engineer and on file or to be filed in the office of the City Engineer, at such time when the
installation of the landscaping and appurtenances has been accepted by the City. The contract will
be awarded pursuant to standards used by the City in the award of Public Works contracts.
SECTION 8. It is hereby determined that the formation of the assessment district is
categorically exempt from the requirements of the California Environmental Quality Act (CEQA),
pursuant to Class I, Section 15301(c).
SECTION 9. Reference hereby is made to said Resolution No. 2006-102 and said
Engineer's Report for a description of the work, the extent of the assessment district, the financing
alternatives and for further particulars.
SECTION 10. That the City Clerk is directed to cause a copy of this Resolution to be
transmitted to the office of the Auditor-Controller for the County of San Bernardino with the
request that the individual assessments as shown on Assessment Roll No. 1042, be placed on the
05/1 0/06
4
2006-126
RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST...APPROVING THE
1 ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1042, ORDERlNG WORK AND
APPROVING 2006-2007 ASSESSMENT ROLL, (SHANDlN HILLS DRJVE AND SHADY CREEK DRJVE AREA
2 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
subject 2006-2007 property tax bills for collection together with all other property taxes.
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
, 20~, by the following vote, to-wit:
held on the 15th day of May
Council Members: AYES NAYS
ESTRADA X
BAXTER X
MCGINNIS y
DERRY X
KELLEY X
JOHNSON X
MCCAMMACK X
ABSTAIN
ABSENT
q~h.~
City Clerk
The foregoing resolution is hereby approved this J ~thday of
23 Approved as to Form:
24
25
26
27
28
05/1 0/06
5
May
,20~
r