HomeMy WebLinkAbout2007-415
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RESOLUTION NO. 2007-415
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 48TH STREET AND LITTLE MOUNTAIN DRIVE AREA,
APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS .
ASSESSMENT DISTRICT NO. 1065, ORDERING THE WORK, CONFIRMING THE
2008-2009 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 oflandscaping 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 August 6, 2007, 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. 1065, which is on file in the office of the City Clerk, and adopted Resolution No.
2007-317 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 48TH STREET AND LITTLE MOUNTAIN 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. 1065; PRELIMINARILY APPROVING THE
ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING."
09/04/2007
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RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST... 48TH STREET AND LITTLE MOUNTAIN DRIVE AREA, APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1065, ORDERING THE
WORK, CONFIRMING THE 2008-2009 ASSESSMENT ROLL, AND DETERMINING THAT THE
SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931
SHALL NOT APPLY.
which said resolution duly and legally was published and notice given of a public Hearing in the
manner required by law, and pursuant to Section 4 of Article XIIID 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 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 $7.409.24. which sets forth
the individual assessments to be levied on each of the parcels of land within Assessment District
No. 1065, for the fiscal year 2008-2009, 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 Hearing having been held on October I, 2007, the Mayor and
Common Council, having heard and considered any and all comments received thereon and being
fully advised in theprernises, 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.
SECTION 2. That ballots having been received and considered, it is hereby determined
that the ballots submitteq in favor of the assessment exceed the ballots sl\bmitted in opposition to
09/04/07
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RESOLUTION...FINDlNG AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST... 48TH STREET AND LITTLE MOUNTAIN DRIVE AREA, APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT DlSTRICT...NO. 1065, ORDERING THE
WORK, CONFIRMING THE 2008-2009 ASSESSMENT ROLL, AND DETERMINING THAT THE
SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931
SHALL NOT APPLY.
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 present and voting, the formation of Assessment District No. 1065, along with the
work and appurtenances described in said Resolution No. 2007-317 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. 1065 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.
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.1 065
09/04/07
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RESOLUTION...FINDlNG AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST... 48111 STREET AND LITTLE MOUNTAIN DRIVE AREA, APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT D1STRICT...NO. 1065, ORDERING THE
WORK, CONFIRMING THE 2008-2009 ASSESSMENT ROLL, AND DETERMINING THAT THE
SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931
SHALL NOT APPLY.
lU"e correctly set forth on. Assessment Roll No. 1065 for the fiscal year 2008-2009, 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. 2007-317 and said
Engineer's Report for a description of the work, the extent of the assessment district, the financing
alternatives and for further particullU"s.
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. 1065 be placed on the
subject 2008-2009 property tax bills for collection together with all other property taxes.
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RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST... 48TH STREET AND LITTLE MOUNTAIN DRIVE AREA, APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT DlSTRICT...NO. 1065, ORDERING THE
WORK, CONFIRMING THE 2008-2009 ASSESSMENT ROLL, AND DETERMINING THAT THE
SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931
SHALL NOT APPLY.
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 held on
the 1st day of October ,20~, by the following vote, to-wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER X
BRINKER X
DERRY X
KELLEY X
JOHNSON X
MCCAMMACK X
C1~ f.J. ~
City 'c1erk
The foregoing resolution is hereby approved this~ day of Oc tober
Approved as to form:
09/04/07
,20~.
J. MORRI ,
an Bernardino
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