HomeMy WebLinkAboutS6- City Clerk CITY' OF SAN BERk .RDINO - REQUEST , )R COUNCIL ACTION
From: Rachel Clark, City Clerk Subject: Resolution of the Mayor and Common
Council of the City of San
Dept: City Clerk 's Office Bernardino Ratifying Judicial
Foreclosure Actions bearing Case
Date: September 15, 1994 Nos. SCV09593, SCV09594, SBCI09793,
SCV09790 and SCV14609.
Synopsis of Previous Council action:
August 1, 1994 - Mayor and Common Council adopted Resolution No. 94-226 -
Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the filing of a judicial foreclosure action
against California Properties Fund and ratifying judicial foreclosure
actions bearing Case Nos. SCV09593, SCV09594, SBCI09793 and SCV09790.
Recommended motion:
That said resolution be adopted.
Signature
I
Contact person: Rachel Clark, City Clerk Phone: ext. 5002
Supporting data attached: YeS Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Aaenda Item Nn ��
CITY OF SAN BERk,4RDINO - REQUEST ► JR COUNCIL ACTION
STAFF REPORT
On August 1, 1994 , the Mayor and Common Council took action on the
Supplemental Agenda (#S-1) to adopt four resolutions related to the
Restructuring of Community Facilities District No. 995 . Resolution
Nos . 94-225 , 94-226, 94-227, and 94-228 were assigned to the
respective resolutions .
The City Clerk' s Office discovered this week that Resolution No.
94-226 was apparently never fully executed. As a result, we have
contacted the Law Offices of Sabo & Green, which prepared the
original documents, and requested that a new Resolution be prepared
for the Council' s adoption.
Attached is a Resolution which revises the prior version of the
Resolution and reflects the fact that Substitution of Attorneys
were filed on August 11, 1994 and on August 12 , 1994 and that a
judicial foreclosure action was filed against California Properties
Fund on August 15, 1994 .
Recommend adoption of the Resolution.
75.0264
jfftk
1 MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA
2
AGENDA
3
4 September 19, 1994
5
Item: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO RATIFYING JUDICIAL
FORECLOSURE ACTIONS BEARING CASE NOS. SCV09593 ,
7 SCV09594 , SBCI09793 , SCV09790 AND SCV14609
8 Action to
be Taken: Adopt Resolution.
9
10 Certified copy of Resolution to be returned to Sabo & Green, A
Professional Corporation.
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19 SBEO/0121/DOC/53
9/14/94 10:15
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL
3 OF THE CITY OF SAN BERNARDINO RATIFYING
JUDICIAL FORECLOSURE ACTIONS BEARING CASE
4 NOS. SCV09593 , SCV09594 , SBCI09793 , SCV09790
AND SCV14609
5
6 WHEREAS, on June 18, 1990, the City of San Bernardino
7 ("City") created Community Facilities District No. 995
8 ("District") pursuant to the Mello-Roos Community Facilities Act
9 of 1982, codified at General Code Section 53311 et. sea. ("Act") ;
10 and
11
12 WHEREAS, pursuant to the Act, in December, 1990, the
13 City issued $7, 325, 000 Special Tax Limited Obligation Bonds,
i
14 which are secured by the special taxes authorized to be levied
15 against all parcels within the District; and
16
17 WHEREAS, certain sums of special taxes duly levied
18 pursuant to the Act against certain undeveloped parcels within
19 the District subsequently became delinquent and remain unpaid;
20 and
21
22 WHEREAS, pursuant to Section 53356. 1 of the Act, on
23 January 14 , 1994 and January 24, 1994, and August 15, 1994 , five
24 (5) actions for judicial foreclosure of special tax liens were
25 commenced in the San Bernardino Superior Court on behalf of the
26 City against San Bernardino S.B. Five, Limited Partnership,
27 Lakeview Development Company, One Forty Seven Limited
28 Partnership, American National (sic) Bank, Donald E. Davis, Ruth
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1 Newbury, Irving M. Feldkamp III, Orange Coast Title Company, Ken
2 A. Kazarian, James C. Bice, Brimar Industries, Inc. , California
3 Properties Fund, The Southern California & Arizona Glaziers,
4 Architectural Metal & Glass Workers Pension Trust, First American
5 Title Insurance Company, and Does 1-100, bearing Case Nos.
6 SCV09593 , SCV09594, SBCI09793 , SCV09790, and SCV14609 .
7
8 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
9 CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE,
10 DETERMINE AND ORDER AS FOLLOWS:
11
12 Section 1. The City hereby ratifies the judicial
13 foreclosure actions filed on January 14 , 1994 , January 24, 1994
14 and August 15, 1994 bearing San Bernardino Superior Court Case
15 Nos. SCV09593 , SCV09594, SBCI09793 , SCV09790 and SCV14609.
16
17 Section 2 . The City hereby ratifies the
18 Substitutions of Attorney filed on August 11, 1994 and August 12 ,
19 1994 in San Bernardino Superior Court Case Nos. SCV09593 ,
20 SCV09594 , SBCI09793 and SCV09790, substituting Sabo & Green, A
21 Professional Corporation as counsel of record for the City in
22 place and instead of the Law Offices of Robert A. Owen.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RATIFYING JUDICIAL FORECLOSURE ACTIONS BEARING
2 CASE NOS. SCV09593 , SCV09594 , SBCI09793 , SCV09790 AND SCV14609
3 Section 3 . This Resolution shall become effective
4 immediately upon its adoption.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly
7 adopted by the Mayor and Common Council of the City of
8 San Bernardino at a meeting
9 thereof, held on the day of
10 1994 , by the following vote, to wit:
11 AYES: Council Members
12
13 NAYS:
14 ABSENT:
15
16 City Clerk
17
18 The foregoing resolution is hereby approved this
19 day of , 1994 .
20
21 Mayor of the City of
San Bernardino
22 Approved as to form and legal content:
23 JAMES F. PENMAN
City Attorney
24 By:
25
26
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0
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO RESCINDING
3 RESOLUTION NO. 94-226 AND RATIFYING JUDICIAL
FORECLOSURE ACTIONS BEARING CASE NOS .
4 SCV09593 , SCV09594 , SBCI09793 , SCV09790 AND
SCV14609
5
6 WHEREAS, on June 18 , 1990, the City of San Bernardino
7 ( "City" ) created Community Facilities District No. 995
8 ( "District" ) pursuant to the Mello-Roos Community Facilities Act
9 of 1982, codified at General Code Section 53311 et seq. ( "Act" ) ;
10 and
11
12 WHEREAS, pursuant to the Act, in December, 1990, the
13 City issued $7, 325, 000 Special Tax Limited Obligation Bonds,
14 which are secured by the special taxes authorized to be levied
15 against all parcels within the District; and
16
17 WHEREAS, certain sums of special taxes duly levied
18 pursuant to the Act against certain undeveloped parcels within
ly the District subsequently became delinquent and remain unpaid;
20 and
21
22 WHEREAS, pursuant to Section 53356 . 1 of the Act, on
23 January 14 , 1994 and January 24, 1994 , four (4) actions for
24 judicial foreclosure of special tax liens were commenced in the
25 San Bernardino Superior Court on behalf of the City against San
26 Bernardino S .B . Five, Limited Partnership, Lakeview Development
27 Company, One Forty Seven Limited Partnership, American National
28 (sic) Bank, Donald E. Davis, Ruth Newbury, Irving M. Feldkamp
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1 III, Orange Coast Title Company, Ken A. Kazarian, James C. Bice,
2 Brimar Industries, Inc . , and Does 1-100 , bearing Case
3 Nos . SCV09593 , SCV09594 , SBCI09793 , and SCV09790 ; and
4
5 WHEREAS, on August 1, 1994 , the Mayor and Common
6 Council adopted Resolution No. 94-226 Authorizing The Filing Of
7 A Judicial Foreclosure Action Against California Properties Fund
8 And Ratifying Judicial Foreclosure Actions Bearing Case
9 Nos . SCV09593 , SCV09594 , SBCI09793 and SCV09790 ; and
10
11 WHEREAS, the City Clerk' s office failed to obtain the
12 necessary signatures for Resolution No. 94-226 within the
13 required five (5) day period; and
14
15 WHEREAS, on August 11, 1994 and August 12, 1994,
16 Substitutions of Attorney were filed in San Bernardino Superior
17 Court Case Nos . SCV09593 , SCV09594 , SBCI09793 and SCV09790
18 substituting Sabo & Green, A Professional Corporation as counsel
19 of record for the City in place and instead of the Law Offices of
20 Robert A. Owen; and
21
22 WHEREAS, pursuant to Section 53356 . 1 of the Act, an
23 action for judicial foreclosure of the delinquent special tax
24 liens associated with the undeveloped parcels owned by California
25 Properties Fund within the District was commenced in the
26 San Bernardino Superior Court on behalf of the City.
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1 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
2 CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE,
3 DETERMINE AND ORDER AS FOLLOWS :
4
5 Section 1 . The City hereby rescinds Resolution
6 No. 94-226 which was adopted on August 1, 1994 .
7
8 Section 2 . The City hereby ratifies the judicial
9 foreclosure actions filed on January 14 , 1994 , January 24, 1994
10 and August 15, 1994 bearing San Bernardino Superior Court Case
11 Nos . SCV09593 , SCV09594 , SBCI09793 , SCV09790 and SCV14609 .
12
13 Section 3 . The City hereby ratifies the
14 Substitutions of Attorney filed on August 11, 1994 and August 12 ,
15 1994 in San Bernardino Superior Court Case Nos . SCV09593 ,
16 SCV09594, SBCI09793 and SCV09790, substituting Sabo & Green, A
17 Professional Corporation as counsel of record for the City in
18 place and instead of the Law Offices of Robert A. Owen.
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0
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RESCINDING RESOLUTION NO. 94-226 AND RATIFYING
2 JUDICIAL FORECLOSURE ACTIONS BEARING CASE NOS . SCV09593 ,
SCV09594 , SBCI09793 , SCV09790 AND SCV14609
3
Section 4 . This Resolution shall become effective
4
immediately upon its adoption.
5
6
I HEREBY CERTIFY that the foregoing Resolution was duly
7
8 adopted by the Mayor and Common Council of the City of
San Bernardino at a meeting
9
thereof, held on the day of
10
11 1994, by the following vote, to wit :
12 AYES : Council Members
13
14 NAYS :
15 ABSENT:
16
17 City Clerk
18
19 The foregoing resolution is hereby approved this
20 day of 1994 .
21
Mayor of the City of
22 San Bernardino
23 Approved as to form and legal content :
24 JAMES F. PENMAN
City Attorney
25 By:
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