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. . _L"1..... f"'je No. 14.40-55
CITY OF SAN BERN'J(RDINO - RIQUBST FOR COUNCIL ACTION
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From:
ROGER G. HARDGRAVE, Di REtif.tA.Ol4t9P.j~.
Public works/Engineerintsg MAR -9 PM 3: 37
February 27, 1989
Resolution of Intention, Amend
Boundaries: Assessment District
982 (Piedmont Drive Area Lndscp
M.f,'. Of'''.' ~
Dept:
Date:
Synopsis of Previous Council action:
11-7-89
Authorization to proceed granted by motion.
Racommended motion:
Adopt Resolution.
cc: Jim Robbins, Acting City Administrator
Andrew Green, Director of Finance
Jim Penman, City Attorney
Jim Richardson, Deputy City Admin.
Verne Nadeau
384-5026
Contact person:
Phone:
Supporting data attached:
Staff Report, Map
$1,500.00
4
Werd:
FUNDING REQUIREMENTS:
Amount:
251-656-53925
Source: (Acct. No.!
from up-front
Acct. t>escri tion
monies deposited by petitioners.
Finance:
Assess. Distr. 982 To be paid
Council Notes:
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If?
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, CITY OF SAN BERADINO - REQUEST -'dR COUNCIL ACTION
STAFF REPORT
This action is the result of a request of the developers of the
Piedmont Drive Area in response to the requirement of the City
to establish an assessment district for the maintenance of
landscaping along a South facing slope between lots in
Tentative Tract No. 13470 and lots in existing Tract No. 8277.
The purpose of the action is to preliminarily determine that
the public convenience and necessity require the amendment of
boundaries of Assessment District No. 982 by expanding the
boundaries thereof to incl ude additional terri tory in the
District; declaring the intention to proceed to order the
amendment and expansion of the District and waiving Notice and
Hearing.
Tentative Tract No. 13470 is directly across Piedmont Drive
from Assessment District No. 982 which was also established for
the maintenance of landscaping. Rather than having two
districts which adjoin. it is more economical to expand the
boundaries of district no. 982 to include the new area w~ich
also benefits from the existing district thereby reducing the
cost of annual assessments to the entire expanded district.
Pursuant to Chapter 12.90.040C(51 of the Municipal Code. notice
and hearing will not be required as 100S of the owners of the
property to be assessed have requested the district.
2-27-89
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
AMENDMENT OF SCOPE AND BOUNDARIES OF ASSESSMENT DISTRICT NO.
982 BY EXPANDING THE BOUNDAR IES THEREOF TO INCLUDE ADDITIONAL
TERRITORY IN THE DISTRICT; TO EXPAND THE SCOPE THEREOF TO
INCLUDE THE MAINTENANCE OF LANDSCAPING OF ADDITIONAL TERRITORY
IN THE DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER
THE AMENDMENT AND EXPANSION OF THE DISTRICT; AND WAIVING NOTICE
AND HEARING.
8 WHEREAS, the City of San Bernardino (hereinafter called
9 .City") as an exercise of its municipal affairs powers has
10 enacted an Assessment District Ordinance (Municipal. Code
11 Chapter 12.90) to provide a procedure for the formation of
12 assessment districts within the City; and
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WHEREAS, pursuant to said Municipal Code Chapter 12.90,
14 the City of San Bernardino, by Resolution No. 87-139 adopted
15 May 11, 1987 created Assessment District No. 982 for the
16 maintenance of landscaping in the Piedmont Orive Area; and
17 WHEREAS, the Assessment District Boundary Map for said
18 Assessment District was recorded in the office of the County
19 Recorder of San Bernardino County on April 9.1987. in Book 42
20 of Assessments, page 18; and
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WHEREAS. it has now become necessary to consider
22 amending the boundaries and scope thereof by expanding same to
23 i nc1 ude addi ti ona 1 terri tory therei n and which addi tiona 1
24 territory will share in the cost and expense of said
25 maintenance; and
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RESOLUTION EXPANDING BOUNDARIES AD 982
1 WHEREAS, the addi tion of said area and scope to the
2 boundaries of the District, will not increase the cost of
3 assessment to the properties presently within the boundaries of
4 the existing District;
5 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
6 COUNCIL OF THE CITY OF SAN BERNARDINO THAT:
7 SECTION 1. Pursuant to Section 12.90.060 of the San
8 Bernardino Municipal Code, the Mayor and Common Council of said
9 City hereby preliminarily find and determine that the public
10 convenience and necessity require, and it is the intention of
11 the Mayor and Common Council to amend the boundaries and scope
12 of Assessment District No. 982, by the expansion thereof to
13 include the maintenance of a South facing slope between lots in
14 Tentative Tract No. 13470 and lots in existing Tract No. 8277
15 and incl ude addi ti ona 1 terri tory, the boundaries of said
16 dditional area are generally as follows:
17 Bounded on the West by Tract No. 10015; on the East by
18 Tract No. 8277; on the South by Piedmont Drive; on the North by
19 vacant hillside.
20 Reference is hereby made to a map on file in the office
21 f the City Clerk of said City delineating thereon the proposed.
22 mended boundaries of said Assessment District No. 982, which
23 mended Assessment Di stri ct Map is hereby approved, and to
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RESOLUTION EXPANDING BOUNDARIES AD982
1 Resolution of Intention No. 87-114, adopted April 6, 1987, on
2 file in the office of the City Clerk of said City for a
3 descri pti on of the type of improvement, an esti ma ted cost of
4 the improvement, the assessment benefit procedure to be
5 followed, the assessment financing alternative to be followed,
6 for the method of collection of the assessment and for a
7 proposed assesment roll for the original District, all of which
8 shall relate to and be binding upon the expanded District.
9 SECTION 2. It is the intention of said Mayor and
10 Common Council to order the amendment of scope and boundaries
11 by the expansion thereof to include such additional maintenance
12 and area.
13 SECTION 3. Said contemplated work and improvements is
14 of more than local or ordinary public benefit, and that said
15 Mayor and Common Council do hereby make the expense of such
16 work and improvement chargeable upon the expanded district,
17 which expanded district is hereby declared to be the district
18 benefited by said proposed work and improvement, and to be
19 assessed to pay the cost and expense thereof, All public
20 streets or alleys, or portions thereof, hereby are excepted
21 from said assessment.
22 SECTION 4. That the City elects to proceed without
23 Notice and Hearing pursuant to Section 12.90.040C(5) of the
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RESOLUTION EXPANDING BOUNADRIES AD9B2
Municipal Code as the request to expand the boundaries of the
existing District represents 100S of the property owners liable
to be assessed for the said maintenance.
SECTION 5. A copy of this resolution and a map showing
the exterior boundaries of the proposed amended boundaries of
the district with relation to the territory immediately
contiguous thereto will be on file with the City Clerk and
8 will be available for inspection by any person or persons
9 interested. This map shall govern for all details as to the
10 extent of the proposed amended improvement district.
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RESOLUTION EXPANDING BOUNDARIES AD982
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Counci 1 of the Ci ty of San
3 Bernardino at a
4 on the
day of
meeting thereof, held
, . 1989, by
5 the following vote, to wit:
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AYES: Council Members
NAYS:
ABSENT:
Ci ty Cleric
The foregoi ng resol uti on is hereby approved thi s
day of , 1989.
Evlyn Wilcox, Mayor
City of San Bernardino
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24 Approved as to form
and legal content:
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2-27-89 5