HomeMy WebLinkAbout2018-0161
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RESOLUTION NO. 2018-16
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE
MAGNOLIA AVENUE AND GARFIELD STREET AREA WITHOUT
COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION,
LIMITATION AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS
INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE
KNOWN AS ASSESSMENT DISTRICT NO. 1056; PRELIMINARILY APPROVING
THE 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; and
WHEREAS, it has now become necessary to consider the formation of a landscape
maintenance assessment district within the City, to be known as Assessment District No.
1056, Magnolia Avenue and Garfield Street Area Landscape Maintenance Assessment
District;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
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 City 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 City Council to
form Assessment District No. 1056, the boundaries of which are generally as follows:
The centerline of Ohio Avenue on the south; the westerly boundary of Tentative
Tract No. 16502 on the west; the centerline of Verdemont Drive on the north, and
the centerline of Magnolia Avenue on the east, in perpetuity; together with a
temporary fuel modification easement area granted to the City of San Bernardino in
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Document No. 2007-0443229, recorded 7/30/2007 in Official Records of the County
of San Bernardino, until such time that said easement has been extinguished.
Reference is hereby made to the Engineer's Report on file in the office of the City
Clerk of said City for a map of the boundaries of said district, a description of the
maintenance, an estimated cost of the maintenance, and a proposed assessment roll which
Report and Assessment District Map are hereby preliminarily approved.
SECTION 2. It is the intention of said Mayor and City Council to order
improvements within the district, which improvements shall consist of, but are not limited to,
the maintenance of landscaping and all appurtenances within slopes along portions of the
northerly side of Ohio Avenue and within slopes along portions of the westerly side of
Magnolia Avenue and within the detention basin situated within Lot A and Lot B of Tract
16502. The estimated cost of said maintenance for the first year, including incidental costs,
less general benefit amounts, is $18,134.74.
SECTION 3. Said contemplated work and improvements are of more than local or
ordinary public benefit, and that said Mayor and City Council do hereby make the expense of
such work and improvements chargeable upon the district, which district is hereby declared to
be the district 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, and Lots A and B within said Tract No. 16502,
are hereby 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 a single residential lot
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
Engineer's Report, on file in the office of the City Clerk of said City, for full particulars and
proposed assessment amount against each parcel.
SECTION 5. The assessment financing alternative to be followed shall be as follows,
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to wit:
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
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 taxes levied for property taxes. Said
assessments will be collected in perpetuity or until terminated by the Mayor and City 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 City Council of the City of San Bernardino on Wednesday, March 7, 2018, at
the hour of 5:00 p.m., at 201 North "E" Street, San Bernardino, California, in the Third Floor
Board Room, 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 City 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, 290 N. "D" Street, San Bernardino,
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I California, 92401, prior to 5:00 p.m., March 7, 2018. Each protest must be signed by the
I owners thereof and must contain sufficient information to properly identify said property. No
action will be taken to approve the formation of the district until the conclusion of said public
I hearing. All property owners within the proposed district will also be mailed ballots, which
may be used to indicate support or opposition to the proposed assessment. A majority protest
I shall exist if the total amount of assessments shown on the ballots returned in opposition to
I 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 by no later than the
time and date of the public hearing as stated herein.
If by the conclusion of said public hearing, protests have been filed and not withdrawn
I 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 Department of Public
I Works, Real Property Section, at (909) 384-5140 or by writing to same at 290 N. "D" Street,
San Bernardino, California, 92401.
SECTION 7. A copy of this resolution and a map showing the exterior boundaries of
the proposed assessment district with relation to the territory immediately contiguous thereto
and to the proposed improvement 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 assessment 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 no later than February 20, 2018 as required by Section 12.90.040(C) of
the San Bernardino Municipal Code, cause Notice to be mailed no later than January 21, 2018
as required by Government Code section 53753, and record the District Boundary Map for the
proposed district with the San Bernardino County Recorder's office no later than February 1,
2018 as required by Street and Highways Code section 3111.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE
MAGNOLIA AVENUE AND GARFIELD STREET AREA WITHOUT
COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION,
LIMITATION AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS
INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE
KNOWN AS ASSESSMENT DISTRICT NO. 1056; PRELIMINARILY APPROVING
THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC HEARING
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
17th day of January 2018, by the following vote, to wit:
Council Members: AYES
MARQUEZ
BARRIOS
VALDIVIA
XCS�
SHORETT
x
NICKEL
x
RICHARD _
MULVIHILL
NAYS ABSTAIN ABSENT
x
Georgeam Janna, CMC, ity Clerk
The foregoing Resolution is hereby approved this 17th day of January 2018.
R. Carey Davi , Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
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