The URL can be used to link to this page

Home My WebLink About2009-024 1 2 3 4 5 6 RESOLUTION NO. 2009-24 RESOLUTION OF INTENT OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE FORMATION OF A PROPERTY AND BUSINESS IMPROVEMENT DISTRICT WITHIN A CERTAIN AREA OF THE CITY OF SAN BERNARDINO AND TAKING OTHER ACTIONS IN CONNECTION THEREWITH (AUTO CENTER PBID) (SOUTHEAST INDUSTRIAL PARK AND IVDA REDEVELOPMENT PROJECT AREAS) 7 WHEREAS, the laws of the State of California provide that cities and counties may form a 8 Property and Business Improvement District ("PBID") pursuant to the Property and Business 9 lmprovement District Law of 1994 (the "PBID Law") for the purposes of and pursuant to the 10 provisions of the PBID Law; and 11 WHEREAS, the City has received a petition attached hereto as Exhibit "A" and incorporated 12 herein by reference as duly executed and delivered by the requisite number of property owners as 13 required by Section 36621(a) of the PBID Law seeking this Mayor and Common Council of the 14 City of San Bernardino ("Council") to initiate proceedings for the formation of a PBID for the area 15 generally bounded by Show Case Drive and Century Avenue on the north, El Camino Real on the 16 east, Show Case Drive on the south and Auto Plaza Drive on the west, which area is generally 17 known and referred to as the "San Bernardino Auto Center"; and 18 19 WHEREAS, the petition as submitted by the property owners in the San Bernardino Auto Center complies with the requirements of the PBID Law and the City of San Bernardino (the 20 "City") intends to adopt this Resolution to declare its intent to form such requested PBID for the 21 purposes as set forth in the petition and in the PBID Law and to take such other actions relative 22 thereto; and 23 24 WHEREAS, as stated in the Management District Plan as submitted by the property owners 25 executing and delivering the above referenced petition, the purposes of the proposed PBID shall be 26 for the undertaking of additional security patrols, enhanced maintenance measures, increased 27 landscaping features, enhanced marketing activities, improved signage and street lighting, graffiti 28 removal, and other similar activities and matters and capital improvements as may be permitted 1 P:\Agendas\Resolutions\Resolutions\2009\02-02-09 Property & Business Improvement District (PBID) Mec Reso,doc 2009-24 1 under the PBID Law and all as set further forth in the San Bernardino Auto Center PBID 2 Management District Plan; and 3 WHEREAS, the City is required to conduct a noticed public hearing on the formation of the 4 PBID for the San Bernardino Auto Center and to subsequently consider and adopt a Resolution 0 5 Formation as required pursuant to Section 33625 of the PBID Law; and 6 7 8 9 10 11 12 WHEREAS, the City intends that assessments as shall be levied on the real property, and not on the businesses, within the proposed boundaries of the PBID for the San Bernardino Auto Center shall be due and payable in the same manner as with other real property general taxes, special property taxes and other assessments all in the manner as provided in Section 36631, et seq., of the PBID Law; and WHEREAS, the City does not presently intend to provide for the issuance of bonds to fund 13 the activities of the proposed PBID but intends that the Redevelopment Agency of the City of San 14 Bernardino (the "Agency") will provide a loan of funds pursuant to duly approved and executed 15 written financial funding agreements to the PBID which shall be repaid to the Agency, without 16 interest, from the collection of the assessments to be levied against the participating properties 17 within the boundaries of the proposed PBID; and 18 WHEREAS, the City will rely upon the currently established and existing Auto Center 19 Dealers' Association (the "Association") to provide the governance of the proposed PBID as 20 required pursuant to Section 36650, et seq., of the PBID Law, and such Association shall provide all 21 other reports, take actions and comply with the PBID Law and shall be responsible to implement the 22 Management District Plan to the satisfaction of the City; and 23 WHEREAS, it is the intent of the City that the proposed PBID shall have an initial term of 24 five (5) years as provided in Section 36622(h) of the PBID Law subject to any renewals of such 25 term as may be granted by the City at a later date in conformity with the PBID Law; and 26 27 28 WHEREAS, the City is required to set a public hearing to be conducted by this Council in accordance with Section 336621(c)(2) all as further provided in this Resolution. 2 P:\AgendaslResolutlons\Resolutions\2009\02-02-09 Property & Business Improvement District (pBIn) MCC R.eso_doc 2009-24 1 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY 2 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 3 FOLLOWS: 4 Section 1. The Council hereby find and determine that the recitals set forth above are true 5 and correct in all respects and the petition as filed by the property owners seeking this Council to 6 cause the formation of the proposed PBID is attached hereto as Exhibit "A". 7 8 9 10 11 12 13 14 15 16 17 Section 2. (a) The Council hereby declare their intent to form the requested PBID for the purposes as set forth in the recitals hereto which shall include, but not be limited to, the undertaking of additional security patrols, enhanced security measures, increased landscaping features, improved signage and street lighting, graffiti removal, and other similar activities and matters and capital improvements all as may be permitted under the PBID Law and as further set forth in the Management District Plan. The proposed boundaries of the PBID are generally described as follows: Show Case Drive and Century Avenue on the north, El Camino Real on the east, Show Case Drive on the south and Auto Plaza Drive on the west, which area is generally known and referred to as the "San Bernardino Auto Center". (b) The Council further state that it is the intent hereof to levy assessments on the real 18 property, and not on the businesses, within the proposed boundaries of the PBID for the San 19 Bernardino Auto Center which assessments shall be due and payable in the same manner as with 20 other real property general taxes, special property taxes and other assessments all in the manner as 21 provided in Section 36631, et seq., of the PBID Law. 22 (c) This Council does not presently intend to provide for the issuance of bonds to fund the 23 activities of the proposed PBID, but it is the intent hereof to have the Agency provide a loan of 24 funds pursuant to duly approved and executed written financial funding agreements to the PBID 25 which shall be repaid to the Agency, without interest, from the collection of the assessments to be 26 levied against the participating properties within the boundaries of the proposed PBID. 27 28 3 P:\Agendas\Resolutions\Re50lutions\2009\02-02.Q9 Property & Business Improvement District (PBID) MCC Rem.doc 2009-24 1 Section 3. (a) The Council hereby order and direct that notice be published in the manner 2 required by law for a public hearing on the formation of the PBID for the San Bernardino Auto 3 Center to be conducted by this Council as follows: 4 5 6 7 8 Date: Time: Location: Monday,ApriI6,2009 4:30 p.m. San Bernardino Council Chambers 300 North "D" Street San Bernardino, CA 92401 (b) The City Clerk is hereby authorized and directed to cause such notice of public hearing 9 to be published in the Sun Newspaper by two (2) separate publications with one (1) publication in 10 each of the preceding weeks prior to the scheduled date of the public hearing and to mail said notice 11 via US Postal Service, registered mail, to the property owners listed on Exhibit "A" who have 12 executed and delivered their petition to this Council. 13 14 Section 4. This Resolution shall take effect in the manner required by the City Charter after 15 the approval and execution hereof. 16 1// 17 //1 18 //1 19 //1 20 21 1// 22 //1 23 1// 24 1// 25 26 //1 27 //1 28 4 P:\Agendas\Resolutions\Resolutions\2009\02-02-09 Property & Business Improvement District (PBID) MCC Reso.doc 1 2 3 4 5 2009-24 RESOLUTION OF INTENT OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE FORMATION OF A PROPERTY AND BUSINESS IMPROVEMENT DISTRICT WITHIN A CERTAIN AREA OF THE CITY OF SAN BERNARDINO AND TAKING OTHER ACTIONS IN CONNECTION THEREWITH (AUTO CENTER PBID) (SOUTHEAST INDUSTRIAL PARK AND IVDA REDEVELOPMENT PROJECT AREAS) 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a joint regular day of February, 2009, by the following vote to wit: 8 thereof, held on the 2nd 9 Council Members: 10 ESTRADA 11 BAXTER 12 BRINKER 13 VACANT 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 19 meeting Ayes X Nays Abstain Absent X X X X X ~~.g~k~ 20 The foregoing Resolution is hereby approved this .l/fJI day of February 21 22 23 ,2009. V"oN'-- J. Morris, San Bernardino 24 Approved as to Form: 25 26 27 28 By: 5 P:\Agendas\Resolutions\Resolutions\2009\02-02-09 Property & Business Improvement District (PBID) MCC Reso_doc 2009-24 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 EXHIBIT "A" Property Owners' Petition Seeking the Formation a PBID (Auto Center) 6 P:\Aa:endas\Resolutions\Resolutions\2009\02-02-09 Property & Business Improvement District (PBID) MCC Relio_do<: 2009-24 PRELIMINARY PETITION TO FORM THE AUTO CENTER PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT (Pursuant to Sec. 36600 et seq. of the Calif. Streets and Highway Code) This is a petition to initiate special assessment proceedings to form the Property Based Assessment District in accordance with the Property and Business Improvement District Law of 1994. California Streets and Highways Code Sections 36600 et seq.. for the purpose of undertaking and implementing the Management District Plan. a summary of which is attached. legal Owner: DTM land Company lIc Owner % ofTotal Assessment: 42.94% APN: Parcel Address (if known) Parcel Assessment 0141-251-74 735 Show Case Dr S $523.222 Total $523.222 / YES. I approve of the proposed assessment of $523.222 on the parcells) ~d on this preliminary petition. D.T tJt1. Land CornpAAY, LLC- 7J7I1/1J) MMV/N. MA1I~<h.V(cJ@fhe-t/bf)~YI. CDIn (Print) Name and Title of Owner of Record Email address ~9~~;:;). ~ or on Autho . Repres tative {/V. 0 i7(:j? . I Authorized Representative Dote Please return signed and dated Preliminary Petition to: City ot San Bernardino Economic Development Agency 201 N. "E" street, Suite 301 San Bernardino. CA 92401 2009-24 PRELIMINARY PETITION TO FORM THE AUTO CENTER PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT (Pursuant to Sec. 36600 et seq. of the Calif. Streets and Highway Code) This is a petition to initiate special assessment proceedings to form the Properly Based Assessment District in accordance with the Properly and Business Improvement District law of 1994, California streets and Highways Code Sections 36600 et seq" for the purpose of undertaking and implementing the Management District Plan, a summary of which is attached. Legal Owner: Cummings, Clifford R OWner % of Total Assessment: 35.56% APN: Parcel Address (If known) Parcel Assessment 0141-251-55 0141-251-59 0141-251-61 S Show Case Dr 735 Show Case Dr N 650 Auto Center Dr $86,650 $173,301 $173.301 Total $433.252 YES, I approve of the proposed assessment of $433,252 on the parcel(s) identified on this preliminary petition. /' t! i...t F~ 12 - Q'\J'I1....... ,--'>6 fl4iS {'ej)/WVI''''''~~ J"UyI)T-'t$I1J. i"" (Print) Name and Title of Owner of Record Erna address . or an Authorized Representative tN-( - .Df~ ,,~y( Phone No. uthorized Representative Date se return signed and dated Preliminary Petlllon to: City ot San Bernardino Economic Development Agency 201 N. "En Street, Suite 301 San Bernardino, CA 92401 2009-24 PRELIMINARY PETITION TO FORM THE AUTO CENTER PROPERTY -BASED BUSINESS IMPROVEMENT DISTRICT {Pursuant to Sec. 36600 et seq. of the Calif. Streets and Highway Code} This is a petition to initiate special assessment proceedings to fOllTl the Property Based Assessment District in accordance with the Property and Business Improvement District Law of 1994, Ca6fornia streets and Highways Code Sections 36600 et seq., for the purpose of undertaking and implementing the Management District Plan, a summary of which is attached. Legal Owner: TTL Uc Owner % oflotal Assessment: 21.50% APN: Parcel Address (if known) Parcel Assessment 0141-251-60 645 Auto Center Dr $261,898 Total $261,898 tx YES, I approve of the proposed assessment of $261,898 on the parcells) identified on this pre6minary petition. (YIltl\AcL 'l G G&a- !f'~100&rP M{' IPrint) Name and TItle of Owner of RecO/1 Email address or on Authorized Representative 1m ;.\-1;; ",. Q:> Phone No. 1:\0'\- ~~"""'''''''o<::> ~A~ I - a~ -0,\ Dote Signature of Owner of Record or Authorized Representalive Please return signed and dated Prelmlnaly PeHIIon to: CIIy of Son Bemardlno economic Development Agency 201 N. "E" Street, Suite 301 San Bernardino, CA 92401 2009-24 Auto Center Business Improvement District Management District Plan January 13. 2009 Page 1019 SECTION 1: Management District Plan Summary Developed by a coalition of the auto center property owners. the Auto Center Business Improvement District (PBID) is a proposed benefit assessment district designed to improve and convey special benefits to properties within the Auto Center. The PBID is being established pursuant to the state law; the "Property and Business Improvement District Law of 1994". as amended. The Auto Center PBID will RH~yide new services and activities. including; public security and safety. enhanced r1Jgigtenance, and marketing activities above and beyond what the City currently pro':'lg~~r ':1"-1:- Location: The PBID boundary area is known as the Auto cei'ifer off of Highway 215. There are 5 parcels that are included in the PBIQpoundary. A"mgp of the proposed PBID boundary is attached. "'~'J, Services and Activities Provided: 'I': Method of Flnancina:i,Levy of'Clss!3ssments upon real property that specially benefit from the proposed servfcl;ls (]ndactivities, ~- . ., ,; ,);l.:E:;::L~;':::'L:Y";M:,"::;,' j. t"l:-1; AssesslTl~hts: Annu81iassessrnents are calculated based upon each property's special bef)~fi~'ifeceived frolTtthe idei:\tified services and activities and their relative cost. The asse~~ijwnt is based onijhe estirnSlted expenses each dealership will pay for these services. r-'},! '-'-:::---r.', i.. ',"; CaD: The PBlq;;~udget gl:)d assessments may increase by as much as 3% per year to keep pace wifh,~ttJ,e c.Rihsomer price index and other program costs. Every year the Owner's AssociatioO'williaetermine an annual budget increase. if any. ~';i)'~:";-' Collection: Assessments will appear as a separate line item on the annual County of San Bernardino Property Tax bills. City Services: The City of San Bernardino has established a policy to maintain the level of services that they should be providing within the PBID after the PBID is established. 2009-24 Auto Center Business Improvement District Management District Plan January 13,2009 Page 2 of 9 District Formation: PBID formation requires submission of petitions from property owners representing more than 50% of total assessments. Following a public hearing. if ballots. weighted by assessments, submitted in opposition to the assessment do not exceed the ballots submitted in favor of the assessments, the City Council may authorize the levy of assessments. Duration: Per state law. the PBID will have a five year life com!IH,mcing January 1, 2010 and terminating December 31, 2014 unless the property oWne~;>within the PBID elect to renew the District. ,;;; The non-profit agency will work Bernardino. the CityiCbUl'1cil Offices and the City of San l/'