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File No. 14.40-32 ~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL AC ON
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From:
ROGER G. HARDGRAVE
R~C'D.. lOMl!f.Il1IJft.:
Public Works/Engineet~g
m6 MAR.o PIl ~ 1;1
March 4. 1986
Protest Hearing and Reso-
lution Ordering Work:
Assessment District No. 971
(Proposed Fire Station
Reimbursement District)
Dept:
Date:
Synopsis of Previous Council action:
2-17/86 -- Adopted Resolution of Intention
Recommended motion:
1. That the protests, if any, be overruled, the hearing be closed,
and find and determine that public convenience and necessity
require the proposed formation of an assessment district for the
reimbursement of funds expended by the City of San Bernardino
for the construction, equipping and furnishing of a fire station
in the South San Bernardino area, and that the Special
Assessment, Investigation and Limitation Act of 1931 shall not
apply. (6/7 roll call vote is required)
2. Adopt the Resolution.
cc:
Ray Schweitzer, Acting City
Ad'i";'''''O~ ~
51g ure
Contact person: Ve r ne Na d e a u
Phone:
5026
Supporting data attached: Yes
Ward:
1, 3
FUNDING REQUIREMENTS:
Sale of C.O.P.
Amount: $1,626,440.00
Source: Tax Bi 11 Assessments
Finance: j) 0--. c: I~~
Council Notes:
Agenda Ite~ NO'~'-~
7~.0262
CI1..J OF SAN BERNARDl.O - REQU[)T FOR COUNCIL AC .JON
STAFF REPORT
Hear protests, if any, and adopt the Resolution Ordering Work in
the South San Bernardino area.
On February 17, 1986, the Resolution of Intention was passed,
which set up the protest hearing date of March 17, 1986. As
required by Chapter 12.90 of the Municipal Code, the portions of
the streets within the proposed district were posted by the Real
Property Section on February 25, 1986, however only one Notice
was posted near the Council Chamber door pursuant to Section
12.90.040C of the Municipal Code as the area involved is larger
than 1/2 square mile; a notice of improvement was mailed to each
of the property owners in the proposed district; and on February
25, 1986, the Resolution of Intention was published in the Sun
Newspaper. To date, we have received no protests.
The Resolution Ordering the work is attached for your action.
2
75-0264
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING
AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE PROPOSED REIMBURSEMENT OF FUNDS EXPENDED BY THE
CITY OF SAN BERNARDINO FOR THE CONSTRUCTION, EQUIPPING AND
FURNISHING OF A FIRE STATION IN THE AREA OF SOUTH SAN
BERNARDINO, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS
OF SAID REIMBURSEMENT, KNOWN AS ASSESSMENT DISTRICT NO. 971,
ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT,
INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY.
WHEREAS, the Mayor and Common Counci 1 of the City of
San Bernardino have preliminarily found that the public
interest, convenience and necessity require the reimbursement
of funds 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, the Mayor and Common Council of the City of
San Bernardino have, on the 17th day of February 1986, passed
and adopted Resolution No. 86-47 entitled:
RESOLUTION OF THE CITY OF SAN BERNARDINO
PRELIMINARILY DETERMINING THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE
FORMATION OF A FIRE STATION CONSTRUCTION
REIMBURSEMENT ASSESSMENT DISTRICT: DECLARING
ITS INTENTION TO PROCEED TO ORDER WORK WITHIN
THE DISTRICT, TO BE KNOWN AS ASSESSMENT
DISTRICT NO. 971 AND SETTING AND DIRECTING
PUBLICATION OF NOTICE OF A TIME AND DATE OF A
PUBLIC HEARING.
which said resolution duly and legally was published and
notice of improvement has been given in the manner required by
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Chapter 12.90 of the San Bernardino Municipal Code; and
written Objections and protests to the formation of the pro-
posed di stri ct, the work to be done or th.e extent of the
district to be assessed were heard and considered.
NOW THEREFORE, BE IT RESDLVEO BY THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That a full and fair public hearing
having been held, as stated in the recitals herein, and the
Mayor and Common Council, having heard and considered any and
all comments received thereon and being fully advised in the
premises, hereby overrules any and all protests received.
SECTION 2. That the public convenience and
necessity require, and the Mayor and Common Council of the
City of San Bernardino hereby declares by not less than a
4/5th vote as defined in Section 12.90.040D of the San
Bernardino Municipal Code, that the public interest,
convenience and necessity requires and hereby orders, the
formation of Assessment District No. 971; the work described
in said Resolution No. 86-47 to be done in portions of South
San Bernardino, as provided in said Resolution and that the
Special Assessment, Investigation and Limitation Act of 1931
shall not apply.
SECTION 3. The City Clerk hereby is directed to
post a Notice for five days on or near the door of the Council
Chambers of the City Hall inviting sealed proposals or bids
for doing the work ordered and referring to the specifications
on file and to publish a Notice Inviting such proposals for at
least two days in the San Bernardino Sun, a newspaper pub-
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lished and circulated in said City.
SECTION 4. The contract will be awarded pursuant
to the standard procedures used by the City in the award of
Public Works contracts and the work ordered hereunder shall be
to the satisfaction of the City Engineer of said City, and all
of said work shall be done under his direction and shall
comply with the specifications prepared by him, and upon the
completion of said work, the City Engineer shall, and he
hereby is directed to make the assessment.
SECTION 5. Reference hereby is made to said
Resolution No. 86-47 a description of the work, the extent of
the assessment district, the financing alternatives and for
further particulars.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Counci 1 of the Ci ty of
San Bernardino at a meeting thereof, held on
the day of ,19 by the
following vote, to wi t:
AYES:
COUNCIL MEMBERS
NAYS:
ABSENT:
The foregoi ng
day of
City Clerk
resolution is hereby
, 19
.
approved
thi s
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Approved as to form:
Clty Attorney
.
Mayor of the City of San Bernardino
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URO Investments
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February 27, 1986
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City Of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
RE: Assessment District Resolution Response
As owners of real property on 1930-1946 South "E" Street we
protest an assessment against the said improvement for work
south of the Santa Ana River within the city.
Owners believe that they would be unfairly taxed by this city
proposal. Owners did not anticipate such added cost and an
economic hardship would be retroactively imposed. Owners
believe that future development begun with knowledge of the
assessments can plan accordingly and mitigate the added cost.
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CITY OF SAN BERNARDINO 3OONOATH"'O"STAEET,SANBEANAADIND,CAlIFOANIA 92418
NOl ICE IS HEREBY GIVEN that on the 17th day of February, 1986, the Mayor
and Common Council of the City of San Bernardino duly passed a
Resolution of Intention to form an assessment district to recover costs
and to order work within the area generally located South of the Santa
Ana River, in said City. to be improved in the following manner, to wit:
The reimbursement
the construction,
necessitated by the
of funds expended by the City
equipping and furnishing
development in the area.
of San Bernardino for
of a Fire Station
NOTICE IS ~URTHER GIVEN that the total estimated cost of said proposed
improve~ents is $1,626,440.00.
NOTICE IS FURTHER GIVEN that any and all persons having any Objections
to the said proposed district or improvements may, after first filing a
written protest appear before the Mayor and Common Counci I of said City
on the 17th day of March, 1986, at the hour of 9:00 A.M. at the Council
Chal'1bers, City Hall, 300 North "D" Street, in said City and show CHlse
why said district and improvements should not be formed anu carried out
in accordance with said Resolution of Intention.
NDTICE IS FURTHER GIVEN the t at any time not la ter than the hour of 9 :00
A.i'\', on the 17th Jay of r'1arch, 1986, any owner of property liable to be
assessed for said improvement may make written protest against the
proposed improvement or against the extent of the district to be
assessed, or both. Such protest must be in writing and must
cOIl~ain a d"~scriptiun of the property in which each si'lner thereof is
int"'I-est.,d, ~ufficient to identify the sa::J"'. and be delivered and filed
Wittl the City Clerk of s~.id City not later than the hour hereinaDDve S<:lt
for h~arin9.
Reference is hereby made to said Resolution of Intention, Resolution No.
86-47, passed on the dilte aforesaid, for further particulars.
If ony
Propl'rcy
North "D"
383-5111.
further
Section
Street,
information is required. please
of the Department of Public Works.
San uernardino, California 92418.
contact
City
Phone
the Real
Hall, 300
No. (714)
DATE: February 25, 1986
SHAlJNA CLARK
Ci ty Clerk
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. ~ap Bernardi!!/), Calif. 924t18 '
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City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
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REF: Resolution No. 86-47
Dear HS..Clark:
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.We are::1nc;receipt of your letter, dated 2-25-86 in regard to the
above uen~ioned resolution. Our property would be included in
,the area 'j:or assessment.
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We a'gre'E! <that the proposed fire station is necessitated by the
development in the area. However, we do not feel that we should
stan,Q ,_add1 tional assessment for the following reasons:
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1:' .wegenerate business wi thin the City of San Bernardino.
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2~': ,Wellire and bring employees from out of the area. They,
:~:?, spend money within our city.
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.: 3.:, We:.PaY adequate property taxes.
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TheSe things generate revenue for the City of San Bernardino and
, should be taken into ,'serious;' consideration before additional
assessments are made 'to us, the property owners. We feel that
this cost of approximately $1,626,440.00 should be the responsi-
.,_bility or, the City of San. Bernardino.
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Parcels #0141451-05 hnq ~O~1451-06
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