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Home My WebLink About2011-083 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. 2011-83 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 INCREASE EXCEED THE BALLOTS SUBMITTED IN OPPOSITION TO THE ASSESSMENT INCREASE AND THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE OF ADDITIONAL LANDSCAPING, STORM DRAIN CATCH BASINS AND A SEWER LIFT STATION IN THE PINE AVENUE AND REDWOOD STREET AREA, KNOWN AS ASSESSMENT DISTRICT NO. lOSS, PREVIOUSLY APPROVED, APPROVING THE FINAL AMENDED ENGINEER'S REPORT, AMENDING THE ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID ADDITIONAL MAINTENANCE, ORDERING THE ADDITIONAL WORK, CONFIRMING THE 2011- 2012 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY. WHEREAS, on July 16, 2007, the Mayor and Common Council of the City of San Bernardino adopted Resolution No. 2007-308, approving the formation of Assessment District No. 1055 in the Pine Avenue and Redwood Street area, for the maintenance oflandscaping and sewer lifi station and approving thc Engineer's Report; and 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, convenicnce, and necessity require the maintenance of additional landscaping, stonn drain catch basins, together with the pro-rata share of maintenance costs and appurtenances for a sewer liti station. in a portion ofthe 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 for an increased assessment will be able to can'y the burden of the proposed increased assessment to pay the costs and expenses thereof; and WHEREAS, on February 7, 20l 1, the Mayor and Common Council of the City of San Bemardino preliminarily approved the Amended Engineer's Report relative to the amendment of Assessment District No. l055, which is on file in the office of the City Clerk, and adopted 03/29/20 I I 2011-83 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...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST... PINE AVENUE AND REDWOOD STREET AREA, KNOWN AS ASSESSMENT DISTRICT NO. 1055... APPROVING THE FINAL AMENDED ENGINEER'S REPORT, AMENDING THE ASSESSMENT DISTRICT... ORDERING THE ADDITIONAL WORK, CONFIRMING THE 2011- 2012 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMIT A TION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY. Resolution No. 2011-28 entitled: "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 PREVIOUSLY ORDERED WITHIN THE DISTRICT, PRELIMINARILY APPROVING THE AMENDED ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING." which said resolution was duly and legally published and notice given of a Public Hearing in the manner required by law. 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 increase. Written objections and protests, if any, to the amendment ofthe proposed district, the additional work to be done or the extent ofthe district to be assessed were heard and considered; and WHEREAS, an Amended Assessment Diagram of Assessment District No. 1055 has been prepared and is on file in the office of the City Clerk; and WHEREAS, said Resolution No. 2007-308 approved an Assessment Roll in the amount of $36,972.39, which set forth the individual assessments to be levied on each of the parcels of land within Assessment District No. 1055, for the fiscal year 2007-2008; and WHEREAS, an Assessment Roll in the amount 01'$4,341.48 has been prepared, which sets forth the individual assessment increases to be levied on each of the parcels of land within Assessment District NO.1 055. for the fiscal year 2011-2012, as set forth in the Amended Engineer's 03/29/2011 2 2011-83 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 RESOLVTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST... PINE A VENUE AND REDWOOD STREET AREA, KNOWN AS ASSESSMENT DISTRICT NO. 1055... APPROVING THE FINAL AMENDED ENGINEER'S REPORT, AMENDING THE ASSESSMENT DISTRICT... ORDERING THE ADDITIONAL WORK, CONFIRMING THE 2011- 2012 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY. Report, as now submitted, on file in the office of the City Clerk; and WHEREAS, an amended Assessment Roll in the amount 01'$41,313.87 has been prepared, which sets forth the individual total assessments to be levied on each ofthe parcels ofland within Assessment District No. 1055, for subsequent years, as set forth in said Amended Engineer's Report. 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 April 4, 2011, the Mayor and COlllmon Council, having heard and considered any and all comments received thereon and being fully advised in the premises, 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 detennined that the ballots submitted in favor ofthe assessment increase exceed the ballots submitted in opposition to the assessment increase. 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 additional works of improvement as proposed for said Assessment District, except for portions determined to be of a general benefit as set forth in the said Amended 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 03129/20] 1 3 2011-83 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...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST... PINE A VENUE AND REDWOOD STREET AREA, KNOWN AS ASSESSMENT DISTRICT NO. 1055 ... APPROVING THE FINAL AMENDED ENGINEER'S REPORT, AMENDING THE ASSESSMENT DISTRICT... ORDERING THE ADDITIONAL WORK, CONFIRMING THE 2011- 2012 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY. benefils received Ihereby. SECTION 4. That the public convenience and necessity require the proposed additional 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 amendment of Assessment District No. 1055, along with the additional work and appurtenances described in said Resolution No. 2011-28 and said Amended 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 Amended Engineer's Report relative to the formation of Assessment District No. 1055 as now submitted, together wIth an Amended Assessment Diagram of the Assessment District, both on file in the office of the City Clerk, are hereby accepted and approved and that said Amended 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 cost increases to be levied against the parcels ofland within Assessment District No. 1055 arc correctly set forth on Assessment Roll No. 1055 for the fiscal year 2011-2012, and the total amended proportionate costs are set forth in the Amended Assessment Roll No. 1055 for subsequent years, as set forth in said Amended Engineer's Report, as now approved, and on file in the office ofthe City Clerk of the City of San Bernardino, and do hereby confirm said assessments. SECTION 7. The City Clerk is hereby authorized and directed to publish a Notice Inviting Bids for performing the work ordered, in the San Bernardino County Sun, a newspaper published 03/29/2011 4 2011-83 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 RESOLt'TION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST... PINE AVENUE AND REDWOOD STREET AREA, KNOWN AS ASSESSMENT DISTRICT NO. 1055 ... APPROVING THE FINAL AMENDED ENGINEER'S REPORT, AMENDING THE ASSESSMENT DISTRICT... ORDERING THE ADDITIONAL WORK, CONFIRMING THE 2011- 2012 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY. and circulated in said City, according to the specifications prepared or as will be prepared by thc City Engineer or the Director of Parks, Recreation and Community Services on file or to be filed in their respective office, at such time when the installation of the landscaping and appurtenances have been accepted by the City. The contract will be awarded pursuant to standards used by the City in the award of Public Works contracts. Alternatively, all or parts of the work to be performed may be carried out by the City. SECTION 8. It is hereby determined that the amendment of Assessment District No. 1055 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. 2011-28 and said Amended Engineer's Report for a description of the additional work, the extent of the assessment district, the financing alternatives and for further particulars. 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 assessment increases as shown on Assessment Roll No. 1055 be placed on the subject 2011-2012 property tax bills for collection together with all other property taxes. / / / 03/29/20 II 5 2011-83 1 2 3 4 5 RESOLCTlON...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST... PINE AVENUE A:"'<D REDWOOD STREET AREA. KNOWN AS ASSESSMENT DISTRICT NO. 1055 ... APPROVING THE FINAL ~"'ENDED ENGINEER'S REPORT, AMENDING THE ASSESSMENT DISTRICT... ORDERING THE ADDITIONAL WORK, CONFIRMING THE 2011- 2012 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 6 Common Council of the City of San Bernardino at a joint regular meeting thereofheld on 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the 4th April day of ,2011, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ x VACANT x BRINKER SHORETT x KELLEY x JOHNSO~ x x MCC AMMACK C{~-d {;;. Gt<uJc City Clerk The toregoing resolution is hereby approved thisS-",,-_ day of ___April _______, 2011. ~or City 0 San Bernardino Approved as to form: 1(f~ PENMAN, City Attorney 03/29/2011 6