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HomeMy WebLinkAbout2011-028 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, 2011-28 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDING OF ASSESSMENT DISTRICT NO. 1055 LOCATED IN THE PINE A VENUE AND REDWOOD STREET AREA WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO AMEND THE WORK PREVIOUSL Y ORDERED WITHIN THE DISTRICT, PRELIMINARILY APPROVING THE AMENDED 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, or amendments thereto; and WHEREAS, on May 7, 2007, the Mayor and Common Council of the City of San Bernardino adopted Resolution No. 2007-169, preliminarily approving the Engineer's Report (hereinafter called "Original Engineer's Report") relative to Assessment District No.1 055 in the Pine Avenue and Redwood Street area and approving the boundaries thereof; and WHEREAS, on July 16, 2007, the Mayor and Common Council of the City of San Bernardino adopted Resolution No. 2007-308, approving the Original Engineer's Report and Assessment Diagram (hereinafter called "Original Assessment Diagram"), relative to said Assessment District No. 1055, approving the creation thereof, ordering the work therein and approving an assessment roll for the first year's estimated cost of maintenance, including incidental costs, less general benefit amounts, in the amount of $36.972.39. WHEREAS, it has now become necessary to consider amending said Assessment District No. 1055 by amending the work therein. 01/24/11 1 2011-28 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 OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDING OF ASSESSMENT DISTRICT NO. lOSS LOCATED IN THE PINE AVENUE AND REDWOOD STREET AREA WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO AMEND THE WORK PREVIOUSL Y ORDERED WITHIN THE DISTRICT, PRELIMINARILY APPROVING THE AMENDED ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. 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 of said City hereby preliminarily find and determine that the public convenience and necessity require, and it is the intention of the Mayor and Common Council to amend said Assessment District No. 1055 by amending the work therein. Reference is hereby made to the Amended Engineer's Report and Amended Assessment Diagram on file in the office of the City Clerk of said City for a description ofthe amended maintenance, an estimated cost ofthe amended maintenance, and a proposed amended assessment roll which Amended Engineer's Report and Amended Assessment Diagram are hereby preliminarily approved. SECTION 2. It is the intention of said Mayor and Common Council to amend the improvements within the district, which amended improvements shall be in addition to those certain improvements previously approved, consisting of but are not limited to the maintenance of landscaping and all appurtenances thereto, within certain easement areas within the northwesterly slopes of Lot 1 and Lot 19 of Tentative Tract No. 17716 and the maintenance of four storm drain catch basins and all appurtenances thereto including filtration devices located within the street right of way adjacent to Lots 5,17,24 and 36 of said Tentative Tract No. 17716. The estimated cost of the additional maintenance for the first year, including incidental costs, less general benefit amounts, is $4.341.48. The estimated costs of all maintenance, including those previously approved and the additional amended work, including incidental costs, less general benefit 01/24/11 2 2011-28 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 OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDING OF ASSESSMENT DISTRICT NO. lOSS LOCATED IN THE PINE AVENUE AND REDWOOD STREET AREA WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO AMEND THE WORK PREVIOUSL Y ORDERED WITHIN THE DISTRICT, PRELIMINARILY APPROVING THE AMENDED ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. amounts, is $41.313.87. SECTION 3. Said contemplated amended work and improvements are of more than local or ordinary public benefit, and that said Mayor and Common Council do hereby make the expense of such additional work and improvements chargeable upon the district, which district is hereby declared to be the district benefited by said proposed amended work and improvements, and to be assessed to pay the cost and expense thereof, except as otherwise may be set forth in said Amended Engineer's Report. All public streets or alleys, and publicly owned parcels, or portions thereof, not receiving a benefit from said maintenance within said Tentative Tract No. 17716, are hereby excepted from said assessments, as set forth in the Original Engineer's Report. SECTION 4. The assessment benefit procedure to be followed and the amount to be assessed against each particular parcel, as amended, 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 Original Engineer's Report, and the Amended Engineer's Report, both on file in the office of the City Clerk of said City, for full particulars and proposed amended assessment amount against each parcel. SECTION 5. The assessment financing alternative to be followed shall be as follows, to-wit: The estimated increase in the cost of the first year's maintenance, as set forth in said Amended Engineer's report, shall be assessed against the properties involved within the current fiscal year or 01/24/11 3 2011-28 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 OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDING OF ASSESSMENT DISTRICT NO. 1055 LOCATED IN THE PINE AVENUE AND REDWOOD STREET AREA WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO AMEND THE WORK PREVIOUSL Y ORDERED WITHIN THE DISTRICT, PRELIMINARILY APPROVING THE AMENDED ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. the fiscal year following the amendment ofthe district. Depending on when the amended costs are assessed relative to when the maintenance is assumed by the City, this amended 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. Ifthere are surplus amounts in the event of pre- funding of costs, then such surplus may be applied as a 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 ofthe City's current earnings on invested funds during the period of expenditure. The amended assessment shall be levied, collected and enforced in the same manner, at the same time, and with the same penalties and interest as in the case of taxes levied for property taxes. Said amended assessments will be collected in perpetuity or until terminated by the Mayor and Common Council. Reference is made to said original Engineer's Report and Amended Engineer's Report for full particulars. SECTION 6. NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, April 4, 2011, at the hour of 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 proposed amendment of Assessment District No. 1055 without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and 01/24/11 4 2011-28 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE 1 PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDING OF ASSESSMENT DISTRICT I NO. lOSS LOCATED IN THE PINE AVENUE AND REDWOOD STREET AREA WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY 2 PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO AMEND THE WORK PREVIOUSL Y ORDERED WITHIN THE DISTRICT, PRELIMINARILY APPROVING THE AMENDED 3 ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. 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 whether the Mayor and Common Council should proceed with ordering the above described amended improvements. At said public hearing, any person may appear and file objections relative to the proposed amended maintenance or the costs thereof. Any person owning property within the District may protest against said proposed amended 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., April 4, 2011. 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 amendment of the District until the conclusion of said public hearing on April 4, 2011. All property owners within the proposed district will also be mailed ballots, which may be used to indicate support of or opposition to the proposed increase in assessments. A majority protest shall exist if the total amount of assessment increase represented by the ballots returned in opposition to the assessment increase is greater than the total amount of assessment increase represented by the ballots returned in support of the assessment increase. All ballots must be received in the Office of the City Clerk by no later than the time and date of the public hearing as stated herein. Ifby the conclusion of said public hearing on April 4, 2011, 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 total assessment amount increase of the returned ballots, these proceedings shall be abandoned and no assessment increase shall be imposed, however, all work previously ordered and all assessments previously approved as set forth in the Original Engineer's Report and as shown on the Original Assessment Diagram, shall remain in full 02/03/11 5 2011-28 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 OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDING OF ASSESSMENT DISTRICT NO. 1055 LOCATED IN THE PINE AVENUE AND REDWOOD STREET AREA WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO AMEND THE WORK PREVIOUSLY ORDERED WITHIN THE DISTRICT, PRELIMINARILY APPROVING THE AMENDED ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. effect. Additional information may be obtained by contacting the Public Works Department, Real Property Section, at (909) 384-5026 or by writing to same at 300 N. "D" Street, San Bernardino, California, 92418. SECTION 7. A copy of this resolution and an Amended Assessment Diagram showing the exterior boundaries ofthe proposed improvement district with relation to the territory immediately contiguous thereto and to the proposed improvements will be on file with the City Clerk and will be available for inspection by any person or persons interested. This map shall govern for all details as to the extent of the proposed amendments to the 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) of the San Bernardino Municipal Code. /11 11/ 01/24/11 6 2011-28 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 OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDING OF ASSESSMENT DISTRICT NO. 1055 LOCATED IN THE PINE AVENUE AND REDWOOD STREET AREA WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO AMEND THE WORK PREVIOUSL Y ORDERED WITHIN THE DISTRICT, PRELIMINARILY APPROVING THE AMENDED ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council ofthe City of San Bernardino at a j oint regular meeting thereofheld on the 7th day of February ,2011, by the following vote, to-wit: ABSENT ABST AIN NAYS AYES Council Members: x MARQUEZ x DESJARDINS x BRINKER x SHORETT x KELLEY x JOHNSON x MCCAMMACK //~. ~,)'\ ~,-{:_,.() L City Clerk :-J ((t\./l,-~~ The foregoing resolution is hereby approved this !l!!!day of _~ebru'!!:Y-___' 2011. <3&d U-~. Tobin Brinker, Mayor Pro Tern City of San Bernardino Approved as to form: OJ /24/11 7