HomeMy WebLinkAbout22- Public Works File No. 14.40-74
CITY OF SAN BERM IDINO - REQUEST F A COUNCIL ACTION
From: ROGER G. HARDGRAVE, Director Subject: Resolution of Intention --- Extension
Dept: and expansion of boundaries and
Public Works/Engineering scope for City Wide Assessment Dis-
Date: trict No. 994
March 16, 1994
Synopsis of Previous Council action:
06-04-90 --- Resolution No. 90-207 was adopted, making a finding that the public
interest, convenience and necessity require the formation of a City-wide
street lighting and street sweeping assessment district, known as
Assessment District No. 994
07-17-90 --- Resolution No. 90-323 adopted, creating Assessment District No. 994
01-10-94 --- Authorization to Proceed with the proposed extension and expansion if the
City Wide Assessment District was granted -- referred to LRC.
02-07-94 --- Resolution 94-27 was adopted, authorizing the execution of agreement for
services with the firm of GFB-Friedrich and Associates, Inc. , and with
the firm of Brown, Diven and Hentschke.
Recommended motion:
ADOPT RESOLUTION
cc: Shauna Clark, City Administrator
Barbara Pachon, Director of Finance Signature
Jim Penman, City Attorney
Les Fogassy 5344
Contact person: Phone:
Report Supporting data attached: Staff Rep Ward: ALL
FUNDING REQUIREMENTS: Amount: $48,000 (Cost of proceedings ONLY)
Source: (Acct. No.) 257-672-53925 (Assessment District )
(Acct. Description)
Assessment District No. 994 --- City
Wide Street Lighting / Street Sweeping.
Finance: °
Council Notes:
75-0262 Agenda Item No. ��
CITY OF SAN BERN/ _1DINO - REQUEST P I COUNCIL ACTION
STAFF REPORT
City-wide Assessment District No. 994 was established in July of 1990, as a way of
raising funds for additional law enforcement services. This was accomplished by
funding street lighting and street sweeping from district proceeds. These services
wore previously funded from the General Fund. The money freed up from the general fund
was to be used for law enforcement services.
One of the provisions of this assessment district was that after a period of 5 years,
the district would terminate, unless, after a public hearing, the Mayor and Common
Council adopt the extension of the district. The existing District is scheduled to
terminate in July of 1995, and the last assessment roll will be filed in July of 1994,
for the 1994-95 fiscal year.
It has been proposed that the Assessment District should be extended, and the
boundaries expanded to include areas annexed to the City after the district was
formed. It has also been proposed to expand the services provided under the district
to include City-wide Graffiti removal and traffic signal maintenance. The amount of
the traffic signal maintenance, which is approximately $714,000 , would be freed up
from the general fund, which then could be used for additional law enforcement
services, such as providing the needed matching funds for the federal grant the City
is eligible to receive under the Clinton Administration crime bill.
On January 10, 1994, authorization was granted to proceed with the preparation of an
Engineer's Report and the matter was referred to the Legislative Review Committee for
consideration at their March 24, 1994 meeting. A draft Engineer's Report was submitted
to the Committee on March 10, 1994. The Engineers Report as recommended by the
committee, is on file in the office of the City Clerk.
On February 7, 1994, Resolution No. 94-27 was adopted, authorizing the execution of an
agreement with .GFB-Friedrich & Associates, Inc. for Assessment Engineering services
and with the firm of Brown, Diven and Hentschke for legal consultant services,
relative to this proposal .
The attached Resolution sets a public meeting for June 8, 1994 and a public hearing
for June 22, 1994. All property owners will be given notice by mail. It is recommended
that the attached Resolution be adopted.
5-0264
I RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE EXTENSION OF
3 ASSESSMENT DISTRICT NO. 994 TO PAY FOR THE COST OF EXISTING AUTHORIZED
MAINTENANCE AND OPERATIONS WHICH INCLUDE STREET SWEEPING AND STREET
4 LIGHTING AND OF PROPOSED MAINTENANCE AND OPERATIONS WHICH INCLUDE GRAFFITI
REMOVAL AND TRAFFIC SIGNAL MAINTENANCE, DECLARING ITS INTENTION TO PROCEED
5 TO ORDER SUCH MAINTENANCE AND OPERATIONS AND LEVY ASSESSMENTS WITHIN THE
DISTRICT, AND SETTING AND DIRECTING PUBLICATION OF A NOTICE OF A TIME AND
6 DATE OF PUBLIC HEARINGS.
7 WHEREAS, the City of San Bernardino (the "City") as an exercise
8 of its municipal affairs powers did enact an ordinance to create Chapter
9 12 . 90 of the San Bernardino Municipal Code ("Chapter 12.90") entitled
10 "Establishment, Financing and Operation of Assessment Districts" to provide
11 for the procedure for the formation of assessment districts within the
12 City; and
13 WHEREAS, in 1990 the Mayor and Common Council did undertake
14 proceedings pursuant to Chapter 12.90 and did form Assessment District No.
15 994 (the "Assessment District") to pay for the costs and expenses of
16 providing then existing and expanded citywide street sweeping and street
17 lighting services; and
18 WHEREAS, in forming the Assessment District, the Mayor and Common
19 Council did provide that the Assessment District would automatically
20 terminate after five (5) years, unless extended by the Mayor and Common
21 Council after hearing thereon; and
22 WHEREAS, the Mayor and Common Council desire to consider both the
23 extension and modification of the Assessment District and the addition of
24 citywide graffiti removal and traffic signal maintenance to the maintenance
25 and operations to be paid for through the Assessment District; and
26 WHEREAS, there has been presented to the Mayor and Common Council
27 a preliminary engineer's report prepared by GFB-Friedrich & Associates,
28
03-15-94
RESOLUTION 0. INTENTION; EXPANSION OF AS_ESSMENT DISTRICT NO. .994
1
Inc. pursuant to Section 12.90.100 of Chapter 12.90 (the "Preliminary
2
Engineer's Report") , the original of which is on file in the Office of the
3
City Clerk; and
4
WHEREAS, as a further exercise of the powers vested in the City
5
by virtue of Section 19, Article XVI, California Constitution, the Mayor
6
and Common Council intend to conduct hearings and hear protests, if any, as
7
to why the Assessment District should not be extended and the maintenance
8
and operations provided, without compliance with the Special Assessment
9
Investigation, Limitation and Majority Protest Act of 1931;
10
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
11 THE CITY OF SAN BERNARDINO AS FOLLOWS:
12
SECTION 1 . Pursuant to Chapter 12.90, the Mayor and Common
13 Council hereby preliminarily find and determine that the public convenience
14
and necessity require, and it is the intention of the Mayor and Common
15 Council to extend the Assessment District, the boundaries of which are the
16 Corporate City Limits of said City, including any future changes therein.
17
SECTION 2. The Mayor and Common Council hereby declare that it
18
19 is their intention to proceed pursuant to the provisions of Chapter 12.90
to consider the extension of the Assessment District to pay the costs and
20
21 expenses of
p providing the maintenance and operations described herein, to
22 levy assessments as described herein and to annex to and incorporate in the
Assessment District the properties described herein.
23
24 SECTION 3 . The Preliminary Engineer's Report is hereby
considered received, passed upon and preliminarily approved, as follows:
25
26 A. That the map of the Assessment District showing the
boundaries thereof, including those parcels to be annexed to the existing
27
Assessment District, and the property to be assessed to pay the costs and
28
03-15-94
RESOLUTION OF -NTENTION; EXPANSION OF ASSESSMENT DISTRICT NO. 994
1
expenses of the proposed maintenance and operations designated as "PROPOSED
2
BOUNDARIES OF ASSESSMENT DISTRICT NO. 994 (CITYWIDE MAINTENANCE DISTRICT) "
3 is hereby approved and adopted. Such map shall govern for all details as
4
to the extent of the Assessment District.
5
B. That the estimate of the costs and expenses of the
6
proposed maintenance and operations contained in the Preliminary Engineer's
7
Report is hereby preliminarily approved and adopted.
8
C. That the diagram showing the Assessment District and the
9
boundaries and dimensions of the respective subdivisions of land within the
10 Assessment District, as the same existed at the time of adoption of this
11 resolution, is hereby preliminarily approved and adopted.
12 D . That the proposed assessments upon the several
13 subdivisions of land in the Assessment District, in proportion to the
14 benefits to be received by such subdivisions, respectively, from the
15 proposed maintenance and operations is hereby preliminarily approved and
16 adopted.
17
The map of the Assessment District and the Preliminary
18 Engineer's Report are on file in the Office of the City Clerk and are
19 available for inspection by any person or persons interested therein.
20
SECTION 4. It is the intention of said Mayor and Common Council
21 to order certain maintenance operations within the Assessment District,
22 which maintenance and operations consist of the installation of additional
24 street lighting to correct current deficiencies in the street lighting
24
system, energy and maintenance costs for all street lighting, twice a month
25 street sweeping of all City streets, Citywide graffiti removal and Citywide
26 traffic signal maintenance.
27
28
03-15-94
RESOLUTION OF INTENTION : EXPANSION OF ASS'SSMENT DISTRICT NO . 994
1 SECTION 5. Said contemplated maintenance and operations are of
2 more than local or ordinary public benefit, and that said Mayor and Common
3 Council do hereby make the expense of such maintenance and operations
4 chargeable upon the Assessment District, which Assessment District is
5 hereby declared to be and incorporate the properties benefited by said
6 proposed maintenance and operations, and to be assessed to pay the cost and
7 expense thereof. All public streets or alleys, or portions thereof, and
8 certain parcels of land, or portions thereof, owned by any government or
9 quasi-public agency and utility companies, are hereby excepted from said
10 assessment. The assessments shall be levied, collected and enforced in the
11 same manner, at the same time, and subject to the same penalties and
12 interest as in the case of taxes levied for the City.
13 SECTION 6. The assessment benefit procedure to be followed and
14 the amount to be assessed against each particular parcel will be in
15 proportion to the estimated benefits to be received by each lot or parcel
16 from the proposed maintenance and operations. The actual annual assessment
17 for each lot or parcel shall be in proportion to the total sum of the cost
18 and expenses of said maintenance and operations and incidentals within the
19 Assessment District in relation to the number of assessment units assigned
20 to each such lot or parcel within the Assessment District by the formula as
21 defined in the Preliminary Engineer's Report.
22 SECTION 7. The total estimated costs and expenses for Fiscal
23 Year 1994-1995 of the proposed maintenance and operations, including
24 incidental expenses, is $4,460,885.00. Such costs and expenses may be
25 advanced by the City subject to reimbursement from the proceeds of the
26 annual levy of assessments within the Assessment District.
27
28
Revised 03-29-94
ESOLUTION OF rENTION: EXPANSION OF ASS1 MENT DISTRICT NO. 994
1 SECTION 8. The annual assessment to be levied in subsequent
2 Fiscal Years on the lots and parcels within the Assessment District shall
3 be computed on the basis of the formula as set forth in the Preliminary
4 Engineer's Report, as preliminarily approved or as modified by the Mayor
5 and Common Council following the public hearings thereon. Such annual
6 assessments may be levied pursuant to the provisions of Section 12.90.090
7 of Chapter 12.90 without notice or public hearing so long as such annual
8 assessment shall not exceed the annual assessment levied in the preceding
9 Fiscal Year by the lesser of (a) that percentage equal to the increase
10 during the preceding Fiscal Year in the Consumer Price Index for all Urban
11 Consumers for the Los Angeles-Orange County-Inland Empire area, published
12 by the United States Department of Labor, Bureau of Labor Statistics or (b)
13 five percent (5%) . The annual assessment shall be levied each year unless
14 terminated by the Mayor and Common Council.
15 SECTION 9. It is the intention of the City to offer a rebate
16 program to low-income and moderate income facilities. The rebate program
17 will be available once a year in May. This program will be available to
18 property owners with low and moderate income of $12,000 annual income for
19 one person, $15,000 annual income for two or more persons within the same
20 household. Such rebate program shall not be considered to be a part of the
21 Assessment District proceedings and the cost of such rebate program,
22 including the administration thereof, shall not be paid from the proceeds
23 of assessments.
24 SECTION 10. The revenues generated by the Assessment District
25 shall be placed into the General Fund of the City to pay for the authorized
26 maintenance and operations, incidental and administrative costs. Said
27 revenues will supplement the City's General Fund thereby releasing other
28 General Fund Moneys to finance additional needed City Services. It has
03-15-94
t
C I T Y OF S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
CITY CLERK' S OFFICE
DATE: April 4 , 1994
TO: Mayor and Common Council
FROM: Rachel Clark, City Clerk
SUBJECT: Item No. 22 - Resolution of Intention: Expansion of
Assessment District No. 994 (City-Wide Street Sweeping
and Street Lighting) Replacement Page
COPIES: James Penman, City Attorney; Shauna Clark, City
Administrator
---------------------------------------------------------------
It has come to my attention that the backup material for Item 22 ,
the Resolution of Intention for the expansion of Assessment
District No. 994 (City-wide street sweeping and street lighting) ,
does not contain a revision to Section 11 submitted on March 21,
1994 .
Rachel Clark
City Clerk
RC:mav
RESOLUTION IF INTENTION : EXPANSION OF ' SSESSMENT DISTRICT N0 . 99
1 been determined that the needed services at this time are that of Law
2 Enforcement. The Mayor and Common Council shall annually review all
3 assessments and expenditures and, after a public hearing, shall make a
4 determination that the sum equal to the Net Proceeds from the Assessment
5 District, as defined in the Preliminary Engineer's Report, is being spent
6 from the General Fund on said needed Law Enforcement, or, if not, shall
7 terminate the Assessment District.
8 SECTION 11. NOTICE IS HEREBY GIVEN THAT ON JUNE 8, 1994 AND ON
9 JUNE 22, 1994, AT THE HOUR OF 7:00 P.M. AT THE STURGES AUDITORIUM, LOCATED
10 AT 780 NO. "E" ST, SAN BERNARDINO, CALIFORNIA 92410, THERE SHALL BE PUBLIC
11 HEARINGS BEFORE SAID MAYOR AND COMMON COUNCIL FOR THE PURPOSE OF DETERMIN-
12 ING WHETHER THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE EXTENSION OF
13 THE ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT
14 INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 AND WHETHER THE
15 MAYOR AND COMMON COUNCIL SHOULD PROCEED WITH ORDERING THE ABOVE DESCRIBED
16 MAINTENANCE AND OPERATIONS.
17 AT SAID HEARINGS, ANY AND ALL PERSONS INTERESTED MAY APPEAR AND
18 SHOW CAUSE, IF ANY THEY HAVE, WHY THE MAYOR AND COMMON COUNCIL SHOULD NOT
19 FIND AND DETERMINE THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
20 EXTENSION OF THE ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL
21 ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931; ON
22 THE QUESTION OF ESTIMATED COSTS, AND THE INTENTION OF THE MAYOR AND COMMON
23 COUNCIL TO PROCEED TO ORDER THE MAINTENANCE AND OPERATIONS AND LEVY OF
24 ASSESSMENTS WITHIN THE ASSESSMENT DISTRICT.
25 SECTION 12. At said public hearings, all persons will be heard,
26 any holder of title to taxable real property within the boundaries of the
27 Assessment District may file a protest in writing with the City Clerk, not
28
Revised 03/21/94 6
' RESOLUTION OF TENTION: EXPANSION OF ASSN 3MENT DISTRICT NO. 994
1 been determined that the needed services at this time are that of Law
2
Enforcement. The Mayor and Common Council shall annually review all
3
assessments and expenditures and, after a public hearing, shall make a
4 determination that the sum equal to the Net Proceeds from the Assessment
5 District, as defined in the Preliminary Engineer's Report, is being spent
6
from the General Fund on said needed Law Enforcement, or, if not, shall
7
terminate the Assessment District.
8
SECTION 11. NOTICE IS HEREBY GIVEN THAT ON JUNE 8, 1994 AND ON
9
JUNE 22, 1994, AT THE HOUR OF 7:00 P.M. AT THE SAN BERNARDINO HIGH SCHOOL
10 AUDITORIUM, LOCATED AT 1850 NO. "E" ST, SAN BERNARDINO, CALIFORNIA 92405,
11 THERE SHALL BE PUBLIC HEARINGS BEFORE SAID MAYOR AND COMMON COUNCIL FOR THE
12 PURPOSE OF DETERMINING WHETHER THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
13 THE EXTENSION OF THE ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE
14
SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF
15 1931 AND WHETHER THE MAYOR AND COMMON COUNCIL SHOULD PROCEED WITH ORDERING
16 THE ABOVE DESCRIBED MAINTENANCE AND OPERATIONS.
17
AT SAID HEARINGS, ANY AND ALL PERSONS INTERESTED MAY APPEAR AND
18
SHOW CAUSE, IF ANY THEY HAVE, WHY THE MAYOR AND COMMON COUNCIL SHOULD NOT
19
FIND AND DETERMINE THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
20
EXTENSION OF THE ASSESSMENT DISTRICT WITHOUT COMPLIANCE WITH THE SPECIAL
21
ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931; ON
22
THE QUESTION OF ESTIMATED COSTS, AND THE INTENTION OF THE MAYOR AND COMMON
23
COUNCIL TO PROCEED TO ORDER THE MAINTENANCE AND OPERATIONS AND LEVY OF
24
ASSESSMENTS WITHIN THE ASSESSMENT DISTRICT.
25
SECTION 12. At said public hearings, all persons will be heard,
26
any holder of title to taxable real property within the boundaries of the
27
Assessment District may file a protest in writing with the City Clerk, not
28
03-15-94
RESOLUTION OF _ ,TENTION: EXPANSION OF ASSE-SMENT DISTRICT NO. 994
1
later than the hour hereinabove set for the second public hearing,
2
containing therein a description of the property in which the signer
3
thereof is interested sufficient to identify the same, and, if the signers
4
are not shown on the last equalized assessment roll as the owners of such
5
property, must contain or be accompanied by written evidence that such
6
signers are the owners of such property. The basis for determining the
7
existence of a majority protest shall be based on the assessment units
8
assigned to respective lots or parcels involved in proportion to the total
9
assessment units within the entire Assessment District.
10 SECTION 13. In the event that these proceedings are abandoned at
11 any time, the Assessment District as originally formed and currently
12 existing shall remain in existence and assessments may be levied pursuant
13 thereto until such Assessment District terminates.
14 SECTION 14. The City Clerk is authorized and directed to cause a
15 copy of this resolution to be published in a newspaper of general
16 circulation published in the City, and that said Clerk shall cause a notice
17 of the adoption of this resolution to be posted and mailed as required by
18 Section 12.90.040C of Chapter 12.90.
19
SECTION 15. A copy of this resolution and the Preliminary
20
Engineer's Report, including a map showing the exterior boundaries of the
21 Assessment District, is on file with the City Clerk and will be available
22 for inspection by any person or persons interested.
23
24 I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at a
25
meeting thereof, held on the day of , 1994, by the
26
following vote, to wit:
27
28
03-15-94
RESOLUTION OF --ATENTION: EXPANSION OF ASShoSMENT DISTRICT NO. 994
1
Council Members: AYES NAYS ABSTAIN ABSENT
2
NEGRETE
3
CURLIN
4
HERNANDEZ
5
OBERHELMAN
6
DEVLIN
7
POPE-LUDLAM
8
MILLER
9
10
11 City Clerk
12 The foregoing resolution is hereby approved this day of
13 1994.
14
15
16 TOM MINOR, Mayor
City of San Bernardino
17
18 Approved as to form and legal content:
19 JAMES F. PENMAN
City Attorney
20
21 By:
22
23
24
25
26
27
28
03-15-94