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Home My WebLink About31-Development Services I r' . I CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Subject: Public Hearing - 4:00 p.m. - and Resolution Ordering Work - Irvington Avenue and Olive Avenue area Landscape Maintenance Assessment District No. 1031 (Tract No. 15407). File No.14.40-122 Synopsis of Previous Council Action: MCC Date: 12-01-2003 11-02-1987 - Resolution No. 87-387 was adopted establishing Assessment District No. 969 in the area ofIrvington and Olive Avenues. 03-17-2003 - Tract No. 15407 was approved, with conditions. 08-04-2003 - Authorization was given to proceed with the formation of Irvington Avenue and Olive Avenue area Landscape Maintenance Assessment District No.1 031 10-06-2003 - Resolution ofIntention No. 2003-267 was adopted. 11-17-2003 - Public meeting was held and item continued to 12-01-2003. Recommended Motion: Dept: Development se~OR \ G \ N A L Date: November 10,2003 1. That the public hearing relative to the formation of Irvington A venue and Olive Avenue area Landscape Maintenance Assessment District No.1 031, be closed. AND 2. Adopt resolution (4/5ths vote required) Contact person: LASZLO "Les" FOGASSY EJL- James Funk Phone: 5026 Supporting data attached: Staff Report, Maps, ResolutIOn FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant) Ward: 5 Source: (Acct. No.) 254-000-2301-6019 (Acct. Description) Assessment District Deposits Finance: Council Notes: '\2..00() !:l; 'Z..ro3-33S; Agenda Item No. .31 Jd-.h /D3 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing - 4:00 p.m. - and Resolution Ordering Work - lrvington A venue and Olive Avenue area Landscape Maintenance Assessment District No. 1031 (Tract No. 15407). BACKGROUND: On November 2, 1987, Resolution No. 87-387 was adopted, establishing Assessment District No. 969 for various tentative tracts in the Irvington Avenue and Olive Avenue area, for the maintenance of landscaping along lrvington Avenue. Those tentative tracts have since expired and no maintenance was ever performed under Assessment District No. 969. Subsequently, Tentative Tract No. 15407, covering the same area, was submitted. Under this new tract, no landscaping was to be installed along Irvington A venue, but rather in an open space area located at the southerly portion of the tract. Since the scope of the prior assessment district is no longer applicable, that district will need to be terminated. On March 17, 2003, Tract No. 15407 was approved. The developers of the Tract, GFR Enterprises, Inc. and Century-Crowell Communities, submitted a petition for the formation of a landscape maintenance assessment district. as one of the conditions of approval. The formation of an assessment district will assign the costs of maintaining the landscaping to the owners of the properties most benetiting from the landscape area. The area to be maintained by the district is designated as Lot "A" on the tract map, and is also shown on the attached plat. The developers have paid the required $4,000 formation fee. Tract No. 15407 consists of 107 single-family lots. The annual cost of maintenance and incidentals will be spread across these 107 lots. The area to be maintained by the district (Lot "A") consists primarily of open space area. Lot "B" will be developed as a neighborhood park and will be maintained by the Parks and Recreation Department. The maintenance costs for Lot "B" will not be assessed to the property owners. The total annual cost of maintenance is estimated to be $33,092.96, which will be spread across the 107 lots for an annual assessment of $309 per lot. Approval of this district will be subject to an assessment ballot process, which requires a majority approval by the property owners within the proposed district boundary. Since the majority of the properties are currently under one ownership, no majority protests are anticipated. The Engineer's Report, which gives details regarding the district boundaries, proposed maintenance, method of assessment, total cost of maintenance and a proposed assessment roll is on file in the office of the City Clerk, and was preliminarily approved by the adoption of Resolution No. 2003-267 on October 6, 2003. The resolution also set a public meeting date of November 17, 2003 and a public hearing date of December L 2003. All property owners of record were given a mailed notice of the meeting and hearing, along with an Assessment Ballot . . Staff Report - continued as required by Proposition 218 and the Resolution of Intention was published in the Sun newspaper, as required by law. The developers have infonned us recently that 4 of the 107 lots have closed escrow, thus the developers still own 103 lots. All Assessment Ballots from the developers were returned in support of the formation of the Assessment District. The developers have also informed us that they would forward the four Assessment ballots to the new owners. The attached resolution approves the Engineer's Report and establishes the assessment district. A four-fifths (4/5ths) affirmative vote of the Council members present and voting is required to adopt the resolution. The Resolution also terminates the prior Assessment District No. 969, which is no longer applicable. FINANCIAL IMPACT: Applicant has paid the $4,000 processing fee. The costs of all maintenance carried out in the district will be assessed back to property owners. RECOMMENDATION: Staff recommends that the public hearing be closed and the attached resolution be adopted. Location of Proposed Assessment District No. 1031 No Scale 5th 51. Mill 51. .. . o . on t. ~os\1\ng VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DIVISION PROPOSED ASSESSMENT DISTRICT NO. 1031 - IRVINGTON AVENUE AND OLIVE AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Created by: I, {#q:-~-1 Date: /l~/o:J ~ indicates un-incorparated areas ~ within City's Sphere of Influence . , ASSESSMENT BOUNDARY ASSESSMENT DISTRICT NO.1 031 IRVINGTON A VENUE AND OLIVE A VENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO JII ~ IlL r~~ '. ~;':'i;!il.l: ~'.:, :'~11-- " 31' . 'r:;.:.-Ill~~mEEl' - -~-::-i i , .. I.: . I . . ' ," ---ll i: : i: ' !~'04'~'08107 I' i 3< i 47 : i :: : I 101 I~ / ~~~~ 1 ~ j .e 6S i 72 81 i r-;- ~ )-; ~~ ~ J6~~"l73B8i99 J~ ~ :5 ~ w ~ 1 :;J ..::.... I 50 63 5 U 85 ~ 98 9. 2: + III i!i 31 621 I >- C:.....:i.... 39 :S"" ., g 15 ... ~ 92 g I -L -;-! 53 00 16 Z ~ 1-=--_.,1 s. ~ 11:!: =dJ" , I 78 a. -~~._ 1--.2 5S 58 _ I' .. 1-;;- i 58 57 19 80 ~ LOT". - . BRENDA-ORtvE FiledlnIh8olficeoflheCjtyClerl<intleCilycfSan6emard;no Ihis_dayo! ,20_ LOT"'" ProposadDlal!'lclBoundary RACHEL CLARK, CilyClorI<,Cityofs"nBomarOno ~ Ih.reby""rlifylh.tlh.wilhinmap!il'l<l<Mng1h&~ boundari..oIAsse'""",",DislIIclNo.~oflh.CilyolSan Bemard",o,C""nlyofSanBemardinc,SlOlIIofC8lifornia,W8' ,p~~y~CilyCoun<:iloflh.CilyolSan6emardino.'. fegula'meelinglhareof.heldonll>e_dayof __~_.;!I)_.t>yR"""uoo" No ,Ind wasfil&d in tn"ofliee of ll\eCouoly Recon:ler of San Bemar<lino Counly,SlaleolealOOmia. ""the _dayof ,20_i06001< ,page(.l 01 MapsolAssessmonland Communily Facilit... o;otricIo ":I. LOCATION OF RACHELGLARK. City C,,"". GilyorSan Betnatdno '-" _i~ .L. . VICIN;YMAP San Bemardino County Recorde~s Certillcate ~_'''D ~~llIGtl"Ol&IICP "'- Thls map has been filed under Document Number this day of 20-,al mm Book. of at page allharequeslof CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION DRAWING NO. 10811 in the amount of $ IR VINGTON A VENUE AND OLIVE AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT "",,-1-..- J...""". LEGEND ASSf:sstDTl)SlRlCT BClINONrt- LarryWalkllr Auditor-ControllerlRec:order CountyofSanB..mardino B, Deputy Recorder m en , o z ~ ~ It Ii ~ 'I~ "'&i B II I ~ ~ I :l .+ I -- - :-1 4- ~ -~,~ ( ~~- , .1.0' \ ~ lAlla .. )......r-........-7---r-...\ If---T--T--f--~ ' I I 1 I 1 I 1 ' ", /.. I .. ! ..: N I : I t~:.,,: i".{ .1101 rOM I I 'II . I ~ 1 I I I...... '. l...j I I fJ I t---T--i---,-__, i'---l-~ _ I I I I I t I . oa I II I a I II I ..2 I ., I II \ . I I , I , ~' i E ..____ I I I I I I I J L__J.___ , 01 J --- --......oIJ.l J _..l. ---.... hIM ..- I........ ~ , ---. ,.( .......:.......' ---.---.,.----, II · -"---r---r--r I , 1 \ f I I I IAllY.LMU.1 IE II , I I I I 111...1 II , I I. 41 I .. I I I , &I, I \ I I I .1 I I ..I I I _ --i "1] t". . ... . ,III, It ......... \:: -- 'D_~ ...~ '41"" .. QIII:I 1'1Ir.l .- - IIYIIIII!.__ -- ---, \ ''''--r : I I I I I I I '~: I I I I I I I I" I I I I I I I I I , I I --~-- 'h: -~-- hi i !I It ~ :11- u . . . I I . I I i '" . I . . h .. ~ , . Ii ~-- I .. i . ~ ~ :IE I .. . .. .. u "' : . i .. I: : -- .. 1101"" .a..ulta .. .. - .W-O' .. . . I ~ i ~ .. j . ----~ I I i III . I '" ..- 1flr . ,. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Subject: Public Meeting - 4:00 p.m. - lrvington Avenue and Olive Avenue area Landscape Maintenance Assessment District No. 1031 (Tract No. 15407). Dept: Development Services Date: October 29, 2003 Synopsis of Previous Council Action: File No. 14.40-122 MCC Date: 11-17-2003 03-17-2003 - Tract No. 15407 was approved, with conditions. 08-04-2003 - Authorization was giveo. to proceed with the formation of lrvington Avenue and Olive Avenue area Landscape Maintenance Assessment District No. 1031 10-06-2003 - Resolution ofIntention No. 2003-267 was adopted. Recommended Motion: That the Public Meeting relative to the formation of the lrvington A venue and Olive Avenue area Landscape Maintenance Assessment District No. 1031 be closed, and that protests and ballots, if any, be carried over to the Public Hearing on December 1,2003, at 4:00 p.m. J'a/JAilJ UI~ e Jr James unk Contact person: LASZLO "Les" FOGASSY Phone: 5026 Supporting data attached: Staff Report, Maps, ResolutIOn FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees to be paid by applicant) Ward: 5 Source: (Acct. No.) 254-000-2301-6019 (Acct. Description) Assessment District Deposits Finance: Council Notes: Agenda Item No. ~~ 11/17/03 .' . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution ofIntention ---lrvington Avenue and Olive Avenue area Landscape Maintenance Assessment District No.1 031 (Tract No. 15407). BACKGROUND: On March 17,2003, Tract No. 15407, located on the south side of Irving ton Avenue, east of Olive Avenue was approved. The developers of the tract, GFR Enterprises, Inc. and Century- Crowell Communities, submitted a petition for the formation of a landscape maintenance assessment district, as one of the conditions of approval. The formation of the district will assign the costs of maintaining the landscaping to the owners of the properties most benefiting from the landscape area. The area to be maintained by the district is designated as Lot "A" on the tract map, and is also shown on the attached plat. The developers have paid the required $4,000 formation fee. Tract No. 15407 consists of 107 single family lots. The annual cost of maintenance and incidentals will be spread across these 107 lots. Part of the formation proceedings includes the preparation of an Engineer's Report, which will detail the costs necessary to carry out the ongoing maintenance of landscaping and will be presented with the Resolution of Intention at a future meeting. The area to be maintained by the district (Lot "A") consists primarily of open space area. Lot "B" will be developed as a neighborhood park and will be maintained by the Parks and Recreation Department. The maintenance costs for Lot "B" will not be assessed to the property owners. The total annual cost of maintenance is estimated to be $33,092.96, which will be spread across the 107 lots for an annual assessment of $309 per lot. The attached Resolution of Intention preliminarily approves the Engineer's Report, which contains the details regarding the particulars of the proposed district. The Resolution also sets a public meeting date of November 17, 2003, and a public hearing date of December I, 2003. Approval of this district will be subject to an assessment ballot process, which requires a majority approval by the property owners within the proposed district boundary. Since the majority of the properties are currently under one ownership, no majority protests are anticipated. The Engineer's Report, which gives details regarding the district boundaries, proposed maintenance, method of assessment, total cost of maintenance and a proposed assessment roll is on file in the office of the City Clerk, and was preliminarily approved by the adoption of Resolution No. 2003-267 on October 6, 2003. The resolution set a public meeting date of November 17,2003 and a public hearing date of December 1, 2003. All property owners were given a mailed notice of the meeting and hearing, along with an Assessment Ballot as required by proposition 218 and the Resolution of Intention was published in the Sun newspaper, as required by law. Presently, the lots are owned by the developer and none of the properties have closed escrow. In the event any properties are sold and escrow is closed prior to the public hearing, a notice of the hearing " , Staff Report - continued will be sent to the new owner( s). The developers have returned all ballots indicating support of the assessment district. FINANCIAL IMPACT: None. Applicant has paid the $4,000 processing fee and all subsequent work carried out in the district will be assessed back to property owners. RECOMMENDATION: Staff recommends that the public meeting be closed and that any protests or ballots submitted be carried forward to the public hearing on December I, 2003. " ASSESSMENT BOUNDARY ASSESSMENT DISTRICT NO. 1031 IRVINGTON AND OLIVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO J II r-;' i i i ! i , i i ~ . ~ . - , a I I i i' i I . III __-_. IRVJNGTON_AVENUE =:l.:::. . " . 32 1'5 3J j "6 :w I " 35 i .. :It ~ .9 , " I . 31 15 $1 3IJ 3 52 I 00 i : 02 i M <3 i ~ Prup0S8<lDlstrieIBoundary_ LOCATION Of ASSESSMENT DI!>TRICr ~ VICINITY M~P APPRQVEO IlCTlfIIClfYlENGl1CEJt CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS DIVISION IRVINGTON AND OLIVE AREA LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT '"- DRAWING NO. 10811 """....L", ---L.lJUtt . " -r;- MElISSA~TREET--- 6lI i Ug 90 j 103 : j : : i M i 12 87 j 601 i 7J !ll i 9SI 63 !;Ij ~ ::!i '" &!5 :5 5IlI 91 U 1 7S a.o I 9;2 >- 61 ~ ~ ~ : ":'::,r !5Il 10 I. .rn.w,,,,.........:;:.J " . lOT"e" BRE~OA-DRIVE Filed,nthtlo/lil;tlolthtlCUyClllflcin,..al,afSarl6emor'*>o """_.r.yor .211_ LOT""" RACHEL CLARK. Cilya.rII,CIl.,ofSanIlenwdno ~ IlNlrabycerlifylh"lII<l_lNpohowlngtleprtlpOlOld _~o1"""'''''''''DIlIrio::lNo..llW.oflh.City<1fSan IlernatdinD.CountyolS...B~SI8.d~._ OIppIVYI<lbyIhltCil)lCouncilaflheCilyds..n-""..a '-V....,"-II/Ig_, Ileklon lIw_dayal .20_,byR-..... No. .__llIIedin"'~afIhotCOl.o1lr RtcOr'derols.....Bem_Co<lIlty.S_d~,on... <lay or .20 in_ ===,page(l) d_d~__ Commun,t,FltCiIitiuDislrir:ll. RACHEL CtARK. Cd,CltIrIc,c;l,oISanlletnluOnD San Bernardino County Recorde~s Cenificale This map has t1een filed llnd8fDocument Nllrntler this day 01 20 .at Book of atp.age ,atthereque$lol in the amountofS LEGEND ASSESSUENTDIS1RlCTIICUIlARY. LanyWalk8f Audilor-Control.,riJIecorOer County of San Beman:lino By: DeplltyRecord.. e e e 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 RESOLUTI~ RESOLUTION OF THE CI~O S BERNARDINO FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT BALLOTS REPRESENTING AT LEAST FIFTY PERCENT (50%) AFFIRMATIVE I VOTES FOR THE PROPOSED ASSESSMENT HAVE BEEN RECEIVED AND THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE OF LANDSCAPING IN THE AREA OF IRVINGTON AVENUE AND OLIVE AVENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 103], ORDERING THE WORK, CONFIRMING THE 2003-2004 ASSESSMENT ROLL, DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF ]93] SHALL NOT APPLY AND TERMINATING ASSESSMENT DISTRICT NO. 969. WHEREAS, by Resolution No. 87-387. adopted on November 2. 1987. the Mayor and Common Council formed an assessment district known as Assessment District No. 969 for landscape maintenance along portions of lrvington A venue. east of Olive A venue. pursuant to the provisions of Chapter 12.90 of the San Bernardino Municipal Code: and WHEREAS, a "Notice of Assessment'. was filed in the of1ice of the County Recorder of San Bernardino County establishing a lien on all parcels located within the boundaries of Assessment District No. 969 as shown on the Diagram of said District: and WHEREAS, no maintenance was performed under said Assessment District No. 969; WHEREAS, the existence and continuance of said Assessment District is no longer necessary; 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 11/24/2003 .. e e e 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 ORDERING WORK AND APPROVING 2003-2004 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT 1031 (IRVINGTON AVENUE AND OLIVE AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT) AND TERMINA TING ASSESSMENT DISTRICT NO. 969. assessed will be able to carry the burden of the proposed assessments to pay the costs and expenses thereof; and WHEREAS. on October 6. 2003. 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. 1031. which is on file in the oflice of the City Clerk. and adopted Resolution No. 2003-267 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 IRVINGTON AVENUE AND OLIVE AVENUE AREA WITHOUT COMPLIANCE WITH THE 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. 1031; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC HEARING." which said resolution duly and legally was 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 XIlID 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 fonnation ofthe proposed district. the work to be done or the extent of the district to be assessed were heard and considered: 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 $33,092.96 which sets forth 11/24/03 2 ; e e e 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 ORDERING WORK AND APPROVING 2003-2004 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT 1031 (IRVINGTON A VENUE AND OLIVE AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT) AND TERMINA TING ASSESSMENT DISTRICT NO. 969. the individual assessments to be levied on each of the parcels ofland within Assessment District No. 1031 tor the tiscal year 2003-2004, as set f0l1h 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 November 17, 2003, and a Public Hearing having been held on December 1.2003, the Mayor and Common Council, having heard and considered any and all comments received thereon and being ttIlly advised in the premises, hereby determine that any and all protests received represent less than a Majority Protest as represented by the assessmenlunits assessable on the properties represented by said protests. SECTION 2. That ballots having been received and considered. it is hereby determined that the ballots submitted in tavor 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 tor said Assessment District. except tor portions detemlined 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 11/24/03 , j e e e . 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 ORDERING WORK AND APPROVING 2003.2004 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT 1031 (IRVINGTON A VENUE AND OLIVE A VENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT) AND TERMINATING ASSESSMENT DISTRICT NO. 969. and the Mayor and Common Council hereby order. by an affirmative vote of not less than 4/5ths of its members present and voting. the f0l111ation of Assessment District No. 1031. along with the work and appurtenances described in said Resolution No. 2003-267 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. 1031. 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 fi.1r all future proceedings for this Assessment District. SECTION 6. That the Mayor and Common Council do hereby find and detennine that the proportionate costs to be levied against the parcels of land within Assessment District No. 1031 are correctly set forth on Assessment Roll No. 1031 for the fiscal year 2003-2004. as set forth in said Engineer's Report. as now approved. and on file in the office of the City Clerk ofthe City of San Bernardino. and do hereby contirm 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 tile or to be tiled in the office of the City Engineer. at such time when the installation of the landscaping and appUl1enances 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 11/24/03 4 e e e '. 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 RESOLUTION ORDERING WORK AND APPROVING 2003-2004 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT 1031 (IRVINGTON A VENUE AND OLIVE A VENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT) AND TERMINATING ASSESSMENT DISTRICT NO. 969. categorically exempt ti'om the requirements of the Califomia Environmental Quality Act (CEQAl. pursuant to Class 1. Section ]530](c). SECTION 9. Reference hereby is made to said Resolution No. 2003-267 and said Engineer's Report for a description of the work. the extent of the assessment district. the financing alternatives and tor turther particulars. SECTION 10. That the Mayor and Common Council hereby tind and determine that the public interest. convenience. and necessity no longer require the existence and continuance of Assessment District No. 969. SECTION II. That the Mayor and Common Council do hereby telminate Assessment District No. 969 and hereby release all liens effected by said Assessment District against the parcels of land lying within the boundaries of said Assessment District. as shown on Assessment District Diagram No. 969. recorded on March ] O. ] 988 in the ottice of the County Recorder of San Bemardino County in Book 48 of Assessment Maps. Page 47. and Notice of Assessment recorded March 10. 1988 as Document No. 88-073256. Otticial Records of said County Recorder. except for unpaid assessments levied prior to the date of adoption of this Resolution. which shall be subject to collections. including interest and penalties. as set forth in Chapter ]2.90 of the San Bemardino Municipal Code and shall remain as a lien until paid. SECTION 12. That the City Clerk is directed to cause a copy of this Resolution to be transmitted to the ottice of the Auditor-Controller for the County of San Bernardino with the request that the individual assessments as shown on Assessment Roll No. ] 031 be placed on the 27 subject 2003-2004 property tax bills for collection together with all other property taxes. 28 ] 1/24/03 5 .: e e e RESOLUTION ORDERING WORK AND APPROVING 2003-2004 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT 1031 (IRVINGTON A VENUE AND OLIVE AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT) AND TERMINATING ASSESSMENT DISTRICT NO. 969. 1 2 3 4 5 6 7 8 9 10 11 12 13 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on the day of Council Members: A YES ESTRADA LONGVILLE MCGINNIS DERRY SUAREZ 14 ANDERSON 15 MCCAMMACK 16 17 18 19 20 , 20_, by the following vote. to-wit: NAYS ABSTAIN ABSENT City Clerk The foregoing resolution is hereby approved this _ day of 21 22 23 24 25 26 27 28 Approved as to form and legal content: By: . 11/24/03 .20 JUDITH V ALLES. Mayor City of San Bernardino 6 . '. . . . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Resolution # 'ZCD.3 - ~ 3 <; Abstain .J:;;r Absent e- Meeting Date (Date Adopted): \ 7..- \-0 'z, Item # 3 I Vote: Ayes 1- ') Nays..h Change to motion to amend original documents: Reso, # On Attachments: - Contract term: Note on Resolution of Attachment stored separately: -=-- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W /COUNTY By: Date Sent to Mayor: 17..- - 2. ~ Date of Mayor's Signature: I L -;:; '0 ) Date of Clerk/CDC Signature: \ z--'\-63 Date Memo/Letter Sent for Signature: '-- 60 Day RemmdcI Lcm:a 3~.l.d uu JOth day; See Attached: See Attached: See Attaclied: 90 Day Reminder Letter Sent on 45th day: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distribute; to: City Attorney / Parks & Rec, Code Compliance Dev, Services /' EDA Police Public Services Water Notes: Null/Void After: - Reso, Log Updated: ~ Seallrnpressed: ,/ Date Returned: - Yes ./ No By Yes No ./ By Yes No --.L- By Yes No -L- By Yes No ~ y- Finance / MIS Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.l Ready to File: _ Date: Revised 01/12/01