HomeMy WebLinkAbout2018-0671
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RESOLUTION NO. 2018-67
RESOLUTION OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST,
THAT BALLOTS SUBMITTED IN FAVOR OF THE ASSESSMENT EXCEED THE
BALLOTS SUBMITTED IN OPPOSITION TO THE ASSESSMENT AND THAT THE
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE OF
LANDSCAPING AND A DETENTION BASIN LOCATED IN THE MAGNOLIA
AVENUE AND GARFIELD STREET AREA; APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER
THE COST OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO.
1056; ORDERING THE WORK, CONFIRMING THE 2018-2019 ASSESSMENT
ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931
SHALL NOT APPLY
WHEREAS, pursuant to Chapter 12.90 of the San Bernardino Municipal Code, the
Mayor and City Council of the City of San Bernardino have preliminarily found that the
public interest, convenience, and necessity require the maintenance of landscaping in a
portion of the 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 will be able to carry the burden of the proposed
assessments to pay the costs and expenses thereof; and
WHEREAS, on January 17, 2018, the Mayor and Common City of the City of San
I Bernardino preliminarily approved the Engineer's Report relative to the formation of
Assessment District No. 1056, which is on file in the office of the City Clerk, and adopted
Resolution No. 2018-16, which duly and legally was published and notice given of a Public
Hearing in the manner required by law, and 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, and written objections
and protests, if any, to the formation of the proposed district, the work to be done or the extent
of the district to be assessed were heard and considered; and
WHEREAS, a Diagram of the Assessment District has been prepared and is on file in
I the Office of the City Clerk; and
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WHEREAS, an Assessment Roll has been prepared totaling $18,134.74, which sets
forth the individual assessments to be levied on each of the parcels of land with in Assessment
District No. 1056, for the Fiscal Year 2018-2019, as set forth in the Engineer's Report, as now
submitted, on file in the Office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That a Public Hearing having been held March 7, 2018, the Mayor and
City Council, having heard and considered any and all comments received thereon and being
fully advised, 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 the ballot having been received and considered, it is hereby
determined that the ballots submitted in favor of the assessment exceed the ballots submitted
in opposition to the assessment.
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 works of
improvement as proposed for said Assessment District, except for portions determined to be
of a general benefit as set forth in said 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 benefits
received thereby.
SECTION 4. That the public convenience and necessity require the proposed
maintenance and the Mayor and City Council hereby order, by an affirmative vote of not less
than 4/5ths of its members present and voting, the formation of Assessment District No. 1056,
along with the work and appurtenances described in said Resolution No. 2018-16 and said
Engineer's Report as herein approved and that the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 shall not apply.
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SECTION 5. That the Engineer's Report relative to the formation of Assessment
District No. 1056 as now submitted, together with a Diagram of the Assessment District, both
on file in the office of the City Clerk, are hereby accepted and approved and that said
Engineer's Report shall stand as the Report for all future proceedings for this Assessment
District.
SECTION 6. That the Mayor and City Council do hereby find and determine that the
proportionate costs to be levied against the parcels of land within Assessment District No.
1056 are correctly set forth on Assessment Roll No. 1056 for the fiscal year 2018-2019, as set
forth in said Engineer's Report, as now approved, and on file in the Office of the City Clerk
and do hereby confirm said assessments.
SECTION 7. That the City Clerk is hereby directed and authorized to publish a
Notice Inviting Bids for performing the work ordered, in the San Bernardino County Sun, a
newspaper published and circulated in said City, according to the specifications prepared or as
will be prepared by the City Engineer and on f the City Engineer, at such time when the
installation of the landscaping and appurtenances has been accepted by the City. The contract
will be awarded pursuant to standards used by the City in the award of Public Works
contracts.
SECTION 8. It is here by determined that the formation of the Assessment District is
categorically exempt from the requirements of the California Environmental Quality Act
(CEQA), pursuant to Class 1, Section 15301(c).
SECTION 9. Reference is hereby made to Resolution No. 2018-16 and said
Engineer's Report for a description of the work, the extent of the Assessment District, the
financing alternatives and for further particulars.
SECTION 10. 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 assessments as shown on Assessment Roll No. 1056 be placed on
the subject 2018-2019 property tax bills for collection together with all other property taxes.
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RESOLUTION OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST,
THAT BALLOTS SUBMITTED IN FAVOR OF THE ASSESSMENT EXCEED THE
BALLOTS SUBMITTED IN OPPOSITION TO THE ASSESSMENT AND THAT THE
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE OF
LANDSCAPING AND A DETENTION BASIN LOCATED IN THE MAGNOLIA
AVENUE AND GARFIELD STREET AREA; APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER
THE COST OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO.
1056; ORDERING THE WORK, CONFIRMING THE 2018-2019 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 City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
7'h day of March 2018, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
X
X CS)
I
X
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Wm
ABSTAIN ABSENT
a_
Georgeann 14anna, CMC City Clerk
The foregoing Resolution is hereby approved this 7"' day of March 2018.
Approved as to form:
Gary D. Saenz, City Attorney
By:
C— 4
R. Carey Davi Mayor
City of San B rnardino