HomeMy WebLinkAbout2011-319
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RESOLUTION NO. 2011-319
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC
3 CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A
LANDSCAPE, DETENTION BASIN AND STORM DRAIN MAINTENANCE
4 ASSESSMENT DISTRICT LOCATED IN THE TIPPECANOE AVENUE AND
5 CENTRAL AVENUE AREA WITHOUT COMPLIANCE WITH THE SPECIAL
ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT
6 OF 1931; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK
7 WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1068;
PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING
8 NOTICE OF A PUBLIC HEARING.
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WHEREAS, the City of San Bernardino (hereinafter called "City") as an exercise of
10 its municipal affairs powers has enacted an Assessment District Ordinance (Municipal Code
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Chapter 12.90) to provide for the procedure for the formation of assessment districts within
the City; and
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14 WHEREAS, it has now become necessary to consider the formation of a landscape,
15 detention basin and storm drain maintenance assessment district within the City, to be known
16 as Assessment District No. 1068, Tippecanoe Avenue and Central Avenue Area Landscape,
17 Detention Basin and Storm Drain Maintenance Assessment District.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
19 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, the
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24 to form Assessment District No.1 068, the boundaries of which are generally as follows:
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The centerline of Tippecanoe Avenue on the west, and the northerly, easterly,
and southerly boundary lines of Parcel Map No. 17887 on the north, east and
south respectively.
2011-319
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RESOLUTION...PRELlMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE, DETENTION BASIN AND STORM
DRAIN MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE TIPPECANOE AVENUE
AND CENTRAL AVENUE AREA...ASSESSMENT DISTRICT NO. 1068; PRELIMINARILY
APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING.
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6 the maintenance, and a proposed assessment roll which Report and Assessment District Map
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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
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,
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the maintenance of landscaping and all appurtenances along portions of the north and south
side of Central Avenue east of Tippecanoe Avenue, the east side of Tippecanoe Avenue, south
of Central Avenue, the detention basin south of Central Avenue, located within Parcel 8 of
Parcel Map No. 17887, the two catch basins located within Central Avenue east of the
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17 basins located along the north side of Central Avenue and terminating at the detention basin,
detention basin along with the storm drain and all appurtenances connecting to the catch
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and the storm drain connecting to the detention basin and terminating at the Santa Ana River.
The estimated cost of said maintenance for the first year, including incidental costs, less
general benefit amounts, is $34,441.16.
SECTION 3. Said contemplated work and improvements are of more than local or
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
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RESOLUTION...PRELlMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE, DETENTION BASIN AND STORM
DRAIN MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE TIPPECANOE AVENUE
AND CENTRAL AVENUE AREA...ASSESSMENT DISTRICT NO. 1068; PRELIMINARILY
APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING.
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 the equivalent of a
single residential lot of 7,200 square feet, or any portion thereof, 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 assessment units, 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 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
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RESOLUTION...PRELlMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE, DETENTION BASIN AND STORM
DRAIN MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE TIPPECANOE AVENUE
AND CENTRAL AVENUE AREA...ASSESSMENT DISTRICT NO. 1068; PRELIMINARILY
APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING.
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 same 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, February 6, 2012,
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 1931 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., February 6, 2012. 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 ofthe district until the
conclusion of said public hearing on February 6, 2012. All property owners within the
proposed district shall also be mailed ballots, which may be used to indicate support or
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RESOLUTION...PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE, DETENTION BASIN AND STORM
DRAIN MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE TIPPECANOE AVENUE
AND CENTRAL AVENUE AREA...ASSESSMENT DISTRICT NO. 1068; PRELIMINARILY
APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING.
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 February 6, 2012, 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 Public Works Department,
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)
of the San Bernardino Municipal Code.
2011-319
RESOLUTlON...PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE, DETENTION BASIN AND STORM
DRAIN MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE TIPPECANOE AVENUE
2 AND CENTRAL AVENUE AREA...ASSESSMENT DISTRICT NO. 1068: PRELIMINARILY
APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING.
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I HEREBY CERTIFY Ihat the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a j oint regular
meeting
thereof, held on the 5th day of December
,2011, by the following vote, to wit:
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Council Members: AYES
MARQUEZ X
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JENKINS X
BRINKER X
SHORETT X
KELLEY X
JOHNSON X
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MCCAMMACK X
NAYS
ABSTAIN
ABSENT
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,2011.
J. Morris,
San Bernardino
Approved as to form:
24 JAMES F. PENMAN,
25 City Attorney
26 By: L f.f~
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