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C~O OF SAN BERNARDGo - REQUIOT FOR COUNCIL ACOoN
From:
Ralph H. Prince
Subject: Use of Funds Derived from
Parcel Map 8734 for Landscaping
Dept: City Attorney
Date: April 5, 1985
Synopsis of Previous Council action:
4/1/85
Continued to 4/15/85 Council meeting for report
from City Attorney.
Recommended motion:
Place the $25,000 in an appropriate account to payoff Assessment
District 961 bonded indebtedness.
cc Director of Public Works/City Engineer
/C~~~
Contact person: William Sabourin
Phone:
5055
Supporting tlata attached: Yes
Ward:
First
FUNDING REQUIREMENTS:
Amount:
None
Source:
N/A
Finance:
Council Notes:
75-0262
Agenda Item No
1/
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el~ OF SAN BERNARDGlO - REQuAT FOR COUNCIL ~ON
STAFF REPORT
Public Works has requested that $25,000 received pursuant to
Condition 8a for approval of Parcel Map No. 8734 be used for
landscaping the median in Waterman Avenue from Route 1-10
Freeway to Santa Ana River.
Condition 8a provides that "Developer shall be assessed a
proportionate share for traffic signal at Waterman Avenue and
Vanderbilt Way."
Assessment District No. 961 has been created to finance the
cost of acquiring the improvements installed by Tract No.
12034, including the traffic signal at this intersection.
Since bond proceeds from Assessment District 961 are financing
the cost of the traffic signal, and since landscaping the
Waterman median is not a purpose prescribed under Condition 8a,
the $25,000 should be placed in an appropriate account to pay
off the District 961 bonded indebtedness.
The site depicted on the parcel map is not located in Assessment
District 961. If the $25,000 was returned to the developer of
such site, he would be unjustly enriched by avoiding the usual
half cost of the traffic signal and the owners in the assessment
district would be assessed his normal proportionate share of
the traffic signal.
75-0264