HomeMy WebLinkAbout26- Public Works CITY OF SAN BERN " RDINO - REQUEST F `R oUNCIL ACTION
From: Subject:
ROGER G. HARDGRAVE, Director Resolution Ordering Amendment
Dept: of Scope and Boundaries: Assess.
Public Works/Engineering Distr. 975 (Mill & Pepper Area
Date: Lndscp. Maint. Distr. )
February 15, 1993
Synopsis of Previous Council action:
12-07-92 --- Adopted Resolution of Intention to Amend the Scope and boundaries
of the District.
Recommended motion:
Adopt Resolution.
cc: Shauna Clark, City Administrator
Barbara Pachon, Finance Director
Jim Penman, City Attorney ignature
Contact person: Verne Nadeau Phone: 384-5026
Supporting data attached: Staff Report, Map Ward: 3
FUNDING REQUIREMENTS: Amount: $4,000.00
Source: (Acct. No.) 251-649-53925
Acct. Description) ASSESSMENT DIS T N0.
To be paid from up-front deposit by Developer. Finance:
Council Notes:
75-0262 Agenda Iterl I
CITY OF SAN BERN. 1DINO - REQUEST F R COUNCIL ACTION
STAFF REPORT
This action is the result of a request from the developer of Tract No. 14938
which is located adjacent to the Mill and Pepper Area Landscape Maint.
Distr. in response to the requirement of the City to establish an assessment
district for the portions of Mill Street and Eucalyptus Avenue and those
certain areas where easements are presently granted to the City of San
Bernardino for landscape maintenance purposes as delineated on the Map of
said subdivision.
On December 7, 1992, the Resolution of Intention to Amend the Scope and
Boundaries of Assessment District No. 975 was adopted which declared the
City's intention to proceed with the expansion of the Scope and Boundaries
of the District.
Due to the fact of 100% participation by the owners of the area to be
included in the district, notice and hearing was not necessary (Section
12.90.040C(5) of the Municipal Code) and this Resolution is the next formal
step in the proceedings.
2-15-93
75-0264
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1 RESOLUTION NO.
2 A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING
THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES
3 OF ASSESSMENT DISTRICT NO. 975 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE
ADDITIONAA1. TERRITORY IN THE DISTRICT; TO EXPAND TI",!-.' SCOPE THEREOF TO INCLUDE
4 THE MAINTENANCE OF LANDSCAPING OF ADDITIONAL TERRITORY IN THE DISTRICT IN THE
AREA OF MILL AND PEPPER; ORDERING THE AMENDMENT AND EXPANSION OF THE
5 BOUNDARIES AND SCOPE OF THE DISTRICT AND THAT THE SPECIAL ASSESSMENT,
INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY AND APPROVING
6 AMENDED ASSESSMENT DISTRICT DIAGRAM MAP NO. 975.
7 WHEREAS, by Resolution No. 87-8 adopted January 5, 1987, the Mayor
8 and Common Council of the City of San Bernardino created Assessment District
9 No. 975 for the maintenance of landscaping in the area of Mill Street and
10 Pepper Avenue; and
11 WHEREAS, the Mayor and Common Council of the City of San Bernardino
12 have preliminarily found that the public interest, convenience, and
13 necessity require the amendment of the boundaries of Assessment District No.
14 975 by the expansion thereof to include additional territory and by expanding
15 the scope thereof to include the maintenance of additional territory within
16 the boundaries of the district; and
17 WHEREAS, the Mayor and Common Council of the City of San Bernardino
18 have, on the 7th day of December 1992, passed and adopted Resolution No.
19 92-449 entitled:
20 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING
THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF SCOPE AND
21 BOUNDARIES OF ASSESSMENT DISTRICT NO. 975 LOCATED IN THE MILL AND PEPPER AREA
BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE
22 DISTRICT; TO EXPAND THE SCOPE THEREOF TO INCLUDE THE MAINTENANCE OF
LANDSCAPING OF ADDITIONAL TERRITORY IN THE DISTRICT; DECLARING ITS INTENTION
23 TO PROCEED TO ORDER THE AMENDMENT AND EXPANSION OF SCOPE OF THE DISTRICT; AND
WAIVING NOTICE AND HEARING.
24
25 which said resolution indicated that the City elected to proceed without
26 Notice and Hearing pursuant to Section 12.90.04OC(5) of the Municipal Code as
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02-15-93
RESOLUTION AMENDING BOUNDARY AND SCOPE AD 975
1 the request to expand the boundaries and scope of the existing District
2 represents 1007. of the property owners liable to be assessed for the said
3 maintenance.
4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
5 THE CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1 . That the public convenience and necessity require, and
7 the Mayor and Common Council of the City of San Bernardino hereby declares by
8 not less than a 4/5ths vote, that the public interest, convenience, and
9 necessity requires and hereby orders, the amendment of the boundaries and
10 scope of Assessment District No. 975 by expanding the boundaries and scope
11 thereof to include additional territory in the district and to include the
12 maintenance of landscaping of additional territory in the district; the work
13 described in said Resolution No. 92-449 to be done as provided in said
14 Resolution and that the Special Assessment, Investigation and Limitation Act
15 of 1931 shall not apple.
16 SECTION 2. Reference hereby is made to said Resolution No. 92-449
17 for a description of the work, the extent of the assessment district and the
18 extent of the additional scope of the assessment district, the financing
19 alternatives and for further particulars.
20 SECTION 3. That Amended Assessment District Diagram Map No. 9715 is
21 hereby approved.
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02-15-93 2
RESOLUTION AMENDING BOUNDARIES AND SCOPE AD 975
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted bl the
2 Mayor and Common Council of the City of San Bernardino at a
3 meeting thereof, held on the ___ day of 1993, by the
4 following vote, to wit:
5 Council Members: AYES NAYS ABS"I'ATN ABSENT
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
13
14 City Clerk
15 The foregoing resolution is hereby approved this day of
16 1993.
17
18 W.R. Holcomb, Mayor
City of San Bernardino
19
20 Approved as to
form and legal content:
21
JAMES F. PENMAN,
22 City Attorney
23 By:
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02-15-93 3