HomeMy WebLinkAbout2008-321
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. 2008-321
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 FOOTHILL DRIVE AND STERLING 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. 10S8; PRELIMINARILY APPROVING THE
ENGINEER'S REPORT AND GIVING NOTICE OF A 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. 1058,
Foothill Drive and Sterling 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 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. 1058, the boundaries of which are generally as follows:
All of the boundary lines of Tentative Tract No. 14112, together with the boundaries of
the fuel modification thinning area with the San Bernardino Flood Control District
permit area, and the fuel modification thinning area within San Bernardino City Water
Department property, as shown on said Boundary Map.
Reference is hereby made to the Engineer's Report on file in the office of the City Clerk for a map
of the boundaries of said district, a description of the maintenance, an estimated cost of the
08/07/08
1
2008-321
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 ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT LOCATED IN THE FOOTHILL DRIVE AND STERLING AVENUE AREA...
ASSESSMENT DISTRICT NO. 10S8; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC HEARING.
maintenance, and a proposed assessment roll which Report and Assessment District Map are
hereby preliminarily approved.
SECTION 2. It is the intention of the Mayor and Common Council to order improvements
within the district, which improvements shall consist of, but are not limited to, the maintenance of
landscaping and all appurtenances within slopes along portions of the Sterling A venue, between
Foothill Drive and the north line of Tract 14112; and within slopes along portions of the following
streets; Gill Court, easterly of Sterling Avenue; Danika Court, easterly of Sterling Avenue; Bluff
Court, westerly of Sterling Avenue; Briar Court westerly of Sterling Avenue; Brooks Court,
westerly of Sterling Avenue; Daily Canyon Road, northwesterly of Sterling A venue; and Canyon
Edge Road, between Daily Canyon Road and Sterling Avenue; and portions of Canyon Edge Road,
between Daily Canyon Road and Sterling Avenue; all landscaping and appurtenances within Lot
25; and all portions of the fuel modification thinning area within the permit area granted by the
County of San Bernardino Flood Control District northerly of the Tract boundaries and within San
Bernardino Municipal Water Department property easterly of the Tract boundary; and all retention
basis, catch basins, debris basins, storm ceptor, valley gutters, and all appurtenant facilities located
within Tract boundaries. The maintenance of Lot 25 will be removed from the District and the
future Fuel Modification area located to the northeast of the Tract boundaries (portion of
Assessor's Parcel No. 0285-071-10), will be included in the maintenance once an easement is
obtained from the property owner. The estimated cost of said maintenance for the first year,
including incidental costs, less general benefit amounts, is $273.294.45.
SECTION 3. Said contemplated work and improvements are of more than local or
08/07/08
2
2008-321
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 ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT LOCATED IN THE FOOTHILL DRIVE AND STERLING AVENUE AREA ...
ASSESSMENT DISTRICT NO. 1058; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC HEARING.
ordinary public benefit, and that the Mayor and Common Council do hereby make the expense of
such work and improvements chargeable upon the district, which district is hereby declared to be
the area benefited by said proposed work and improvements, 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, within said development, 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 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, for full particulars and proposed assessment amount against each parcel.
SECTION 5. The assessment financing alternative to be followed shall be as follows:
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
08/07/08
3
2008-321
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 ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT LOCATED IN THE FOOTHILL DRIVE AND STERLING AVENUE AREA...
ASSESSMENT DISTRICT NO. 10S8; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC HEARING.
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 that 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 sarne manner, at the same time, and with the same penalties and interest as in the
case of property taxes. Said assessments shall 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 hearing will be held before the
Mayor and Common Council of the City of San Bernardino on Monday, October 6,2008, at 4:00
p.m., 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 I 93 I and whether the Mayor and Common Council should
proceed with ordering the above-described improvements. At said 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., October 6, 2008. 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 the district until the conclusion
of said public hearing on October 6, 2008. All property owners within the proposed district shall
08/07/08
4
2008-321
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 ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT LOCATED IN THE FOOTHILL DRIVE AND STERLING A VENUE AREA...
ASSESSMENT DISTRICT NO. 1058; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC HEARING.
also be mailed ballots, which may be used to indicate support 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
no later than the time and date of the public hearing as stated herein.
If at the conclusion of said public hearing on October 6, 2008, 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) 384-5226 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 improvements shall be on file with the City Clerk and shall 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
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) ofthe San
Bernardino Municipal Code.
08/07/08
5
2008-321
RESOLUTION ... PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT LOCATED IN THE FOOTHILL DRIVE AND STERLING AVENUE AREA...
ASSESSMENT DISTRICT NO. IOS8; PRELIMINARILY APPROVING THE ENGINEER'S REPORT
AND GIVING NOTICE OF A PUBLIC HEARING.
1
2
3
4
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a j oint regular
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
on the 18th day of August
Council Members: AYES
ESTRADA X
BAXTER X
BRINKER X
DERRY X
KELLEY X
JOHNSON X
MCCAMMACK X
meeting thereof held
, 20 --.2L, by the following vote, to-wit:
NAYS ABSTAIN ABSENT
r~XJ,,.,~ ~'z;.t!iML
Ity Clerk
The foregoing resolution is hereby approved thi~'" day of August
Approved as to form:
; e~
08/07/08
,20~
r
6