HomeMy WebLinkAbout28-Public Works
r' .
OF 'SAN BE.htARDINO jREQU;~rlC:~' ~~~NCIL
ACTION
CITY
From: ROGER G. HARDGRAVE
Dept: Public Works/Engineering
Da~: May 16, 1990
Resolution of Intention
Su~~: City-Wide Street Lighting and
Street Sweeping Assessment
District (AD 994)
Synopsis of Previous Council action:
11-20-89 Authorization to Proceed continued to 1-8-90 for a
public hearing.
01-08-90 Public hearing held and authorization to proceed re-
ferred to Legislative Review Committee, and continued
to 3-5-90.
01-22-90 -- Resolution No. 90-34 adopted authorizing execution
of an Agreement with GFB-Friedriech & Associates for
Consultant Services.
03-05-90 -- City Engineer and City Clerk authorized to proceed,
with the establishment of a City-wide assessment
district.
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Recommended motion:
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Adopt resolution.
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cc: Marshall Julian
James Penman
Andy Green
Supporting data attached:
Les Foaassv
Staff Report, Map
& Resolution
Phone:
5334
All
Contact person:
Ward:
FUNDING REQUIREMENTS:
Amount: $3,065,892
Source: (Acct. No.l 251-672-53925 (Tax Bill Assessment)
(Acct. Descriotionl
Assessment
District
994
Finance:
ClV J0",,"
Council Notes:
Anpn,b Itpm No. ~ H
. 'CITY OF SAN BER~RDINO - REQUEST-.iOR COUNCIL ACTION
STAFF REPORT
Assessment District No. 994 will generate funds to
finance the costs included in the 1990/91 Budget for street
sweeping (once a month) and street lighting system. The
proposed budget includes a total amount of $2,515,838 for these
services. This amount, referred to as "Net Proceeds," could be
amended in the approved budget. Since this amount will be
financed with assessments, the funds budgeted for these services
will be "freed up" and can be allocated to police services.'"
Funds to finance the second street sweeping per month,
and enhance our street lighting system, will also be raised
through the assessment district. The amount of these enhanced
services is $455,229. In addition, funds will be included in
the district to finance the rebate program (for low income and
senior citizens) and administrative costs. The total amount to
be assessed is $3,065,892.
Assessments will be based upon Basic Assessment Units
(AU) . A single family residence will be assigned one AU.
Multi-family units will also be assigned one AU. Other uses
will be based upon equivalent AU's, as outlined in Exhibit "A"
of the Engineer's Report.
The estimated annual assessment for the 1990/91 Fiscal
Year is $48.00 per AU. Of this amount, about $40.00 will be
designated for police services. Increases in annual assessments
may not exceed the Consumer Price Index.
The Engineer's Report sta~s that the "Net Proceeds"
will be used for law enforcement services. Also, that all
assessments and expenditures shall be reviewed each year by the
Mayor and Council at .a public hearing. The Mayor and Council
must either make a determination that the entire "Net Proceeds"
are being spent on law enforcement, or terminate the district.
A provision is also included in the Engineer's Report
that the district shall automatically terminate after five (5)
years, unless the Mayor and Council, after a public hearing,
extend the life of the district.
The Resolution of Intention preliminarily determines
that the public convenience and necessity require the formation
of a street lighting and street sweeping district and declares
the intention to proceed to order work within the district known
as the "City-Wide Street Lighting and Street Sweeping District,"
and sets a public hearing. The public hearing will be held at
7:00 p.m. on Wednesday, 6-27-90, in the Sturges Auditorium.
We recommend that the Resolution of Intention be
adopted, in order to set a public hearing.
5-16-90
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RESOLUTION NO.
RESOLUTION OF TIlE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF
A STREET LIGHTING AND STREET SWEEPING ASSESSMENT DISTRICT; DECLARING ITS
INTENTION TO PROCEED TO ORDER WORK WITHIN TIlE DISTRICT, TO BE KNOWN AS
ASSESSMENT DISTRICT NO. 994; AND SE'ITING AND DIRECTING PUBLICATION OF
NOTICE OF A TIME AND DATE 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 street lighting and street sweeping assessment district within the
City, to be known as Assessment District No.994; and
WHEREAS, as a further exercise of the powers vested in the City
by virtue of Section 19, Article XVI, California Constitution, the
City intends to conduct a hearing and hear protests, if any, as to why
the district should not be formed and the services and improvements
completed, without compliance with the Special Assessment Investigation.
Limitation and Majority Protest Act of 1931;
NOW, THEREFORE. BE IT RESOLVED BY TIlE MAYOR AND COMMON 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 Common Council of said City hereby
23 preliminarily find and determine that the public convenience and necessity
24 require, and it is the intention of the Mayor and Common Council to form
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Assessment District No. 994, the
boundaries of which are the
Corporate City Limits of said City, or any future changes therein.
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
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HL~ULU11U~ ut 1~lLN11UN: ~11l-W1UL
ASSESSMENT ~TRICT (AD994)
:>lHLLl Lll>tlllNl>
ANU :>lKhLl ~WLL~lNl>
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said district, a description of the type of services and improvements. an
estimated cost of the services and improvements and a proposed assessment
roll which Report and Assessment District Map are hereby approved.
SECTION 2.
It is the intention of said Mayor and Common
Council to order certain services and improvements within the district
which services and improvements consist of,
but are not limited to.
the installation of additional street lighting, energy and maintenance costs
for all street lighting, and twice a month street sweeping of all City
streets. The estimated cost of said services and improvements, including
incidental costs is $2,999,792 for the first year. Any annual increase in
the total assessment shall be limited to the Consumer Price Index (C.P.I)
for .the Los Angeles-San Bernardino-Riverside area, published by the United
States Department of Labor, Bureau of Labor Statistics, plus administrative
costs.
SECTION 3.
Said contemplated work and improvements is of more
than local or ordinary public benefit. and that said Mayor and Common
Council do hereby make the expense of such work and improvement charge~ble
upon the district, which district is hereby declared to be the district
benefited by said proposed work and improvement, and to be assessed to
pay the cost and expense thereof.
All public streets or alleys, or
portions thereof, and certain parcels of land, or portions thereof, owned by
any government or quasi-public agency and utility companies, are hereby
excepted from said assessment.
SECTION 4.
The assessment benefit procedure to be followed
and the amount to be assessed against each particular parcel will be a
proportion of the total sum of the cost of said services and improvements
and incidentals within the area in relation to the number of assessment
units assigned to each parcel within the district, by the formula as defined
05-14-90
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. . ASSESSMENT ,....-.:STRICT (AD994)
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in said Engineer's Report on file in the office of the City Clerk ,
reference to which is hereby made for a detailed estimated individual
assessment.
SECTION 5.
The assessment financing alternative to be followed
shall be as follows, to-wit:
The costs shall be pre-funded by the City and the assessment
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 the
City for the repayment to the City of said pre-funding.
SECTION 6. Its is the intention of the City of San Bernardino to
offer a rebate program to low-income and moderate income famil ies. This
program will build a rebate fund into the assessment district, thereby
allowing for rebates without seriously decreasing the amount of money
available for the intended services. The rebate program will be available
once a year in May. This program will be available to property owners with
low and moderate income of $12,000 annual income for one person, $15,000
annual income for two or more persons within the same household.
SECTION 7. The revenues generated by the district shall be placed
into the General Fund of the City to pay for said services, improvements,
incidental and administrative costs.
Said revenues will supplement the
City's General Fund thereby releasing other General Fund Moneys to finance
addi tional needed City Services. It has been determined that the needed
services services at this time are that of Law Enforcement. The Mayor and
Common Council shall annually review all assessments and expenditures and,
after a public hearing, shall make a determination that the sum equal to the
Net Proceeds from the district, as defined in said Engineer's Report, is
being spent from the General Fund on said needed Law Enforcement, or, if
not, shall terminate the District.
05-14-90
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RESOLUTION OF INTENTION: CITY-WIDE STREET LIGHTING AND :>TREET SWEll'lNl>
ASSESSMENT Dr-'RICT (AD994)
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SECTION 8. The District shall automatically terminate after five
(5) years. unless the Mayor and Common Council. after a public hearing,
extend the life of the District.
SECTION 9. Notice is hereby given that on June 27, 1990. at the
hour of 7:00 p.m.. at the Sturges Auditorium, 798 North "E" Street. San
Bernardino, California. there shall be a public hearing before said
Mayor and Common Council for the purpose of determining whether the
8 public convenience and necessity require the formation of the proposed
9 improvement district without compliance with the Special Assessment
10 Investigation. Limitation and Majority Protest Act of 1931 and whether
11 the Mayor and Common Council should proceed with ordering the above
12 described services and improvements.
13 At said hearing. any and all persons interested may appear
14 and show cause. if any they have. why the Mayor and Common Council
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should not find and determine that the public convenience and necessity
require the formation of the proposed district
without compliance with
the Special
Assessment Investigation. Limitation and Majority Protest
Act of 1931; on the question of estimated cost. and the intention of the
Mayor and Common Council to proceed to order work wi thin the
district.
SECTION 10. At said public hearing. all persons will be heard.
any holder of title to taxable real property within the boundaries of the
proposed district may file a protest in writing with the City Clerk.
not later than the
hour hereinabove set for hearing.
containing
therein a description of the property in which the signer thereof is
interested sufficient to identity the same. and. if the signers are not
shown on the last equalized assessment roll as the owners
of such
property. must contain or be accompanied by written evidence that
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. . , ASSESSMENT DJ;.~ICT (AD994)
such signers are the owners of such property. The basis for determining
the existence of a majority protest shall be based on the assessment
units assigned to respective lots or parcels involved in proportion to
the total assessment units within the entire district.
SECTION 11. The City Clerk is authorized and directed to cause
a copy of this resolution to be published in a newspaper of general
circulation published in the City, and that said Clerk shall cause a
notice of the adoption of this resolution to be posted and mailed as
required by Section 12.90.040C of the Municipal Code of the City of San
Bernardino.
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12 exterior boundaries of the proposed improvement district with relation to
13 the territory immediately contiguous thereto and to the proposed
14 improvement will be on file with the City Clerk and will be available for
15 inspection by any person or persons interested. This map shall govern
SECTION 12.
A copy of this resolution and a map showing the
16 for all details as to the extent of the proposed improvement district.
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RESULlil1UN Ut lNl.t.i'II11UN; l.j..ll-"'.u,U:. ':>J..KJ:..td. L.1unJ.l.l'1l\;l' MJ,'tU 10) j,l\.LL 1 o,)nLlJ.[",.,U
ASSESSMENT D"""'l'RICT (AD994)
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and -Common Council of the City of San Bernardino at a
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meeting thereof held on the
day
of
, 19_____, by the following vote, to-wit:
ABSTAIN
NAYES
AYES
Council Members:
ESTRADA
REILLY
FLORES
9 _ MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
, 19_____
W.R. HOLCOMB, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
fly:
05-14-90
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