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CITY OF ~AN BERttjRDINO - REQUEST d~e cOUNCIL ACTION
From:
ROGER G. HARDGRAVE, Director
Subject:
Resolution Ordering Amendment
of Scope: Assess. Distr. 952
(State College Area Landscape
Maint. Distr.)
Dept:
Public WorksjEngineering
Date:
June 29, 1992
Synopsis of Previous Council action:
02-03-92
Adopted Resolution of Intention to Amend the Scope of
the District.
Recommended motion:
Adopt Resolution.
(6/7 Vote required)
cc: Shauna Clark, City Administrator
Andrew Green, Finance Director
Jim Penman, City Attorney
Contact person: Verne Nadeau
Phone: 384-5026
Supporting data attached: Staff Report, Map
Ward: 5
FUNDING REQUIREMENTS:
Amount:
$5,000.00
Source: (Acct, No.)
251-623-53925
Acct. Oescri tion
ASSESSMENT DISTRICT NO. 952
Paid from money up-fronted by Developer.
Finance:
Council Notes:
75.0262
Agenda Item No :1/
CITY OF SAN BERNQlDINO - REQUEST -'dR COUNCIL ACTION
STAFF REPORT
This action is the result of a request from a developer in the State College
Area Landscape Maint. Distr. in response to the requirement of the City to
establish an assessment district for the maintenance of portions of Sun
Valley Drive and those certain areas where easements are presently granted
to the City as delineated on the map of Tract No. 14388.
As the addition of said area of landscaping maintenance within the
boundaries of the District is not of general benefit to the District, a sub-
zone within Zone 2 is necessary to assess the costs therefor and will
increase the cost of assessments to the properties within the sub-zone, to
be known as Zone 2A.
On February
Assessment
intention to
3, 1992, the Resolution of Intention to Amend the Scope of
District No. 952 was adopted which declared the City's
proceed with the expansion of the Scope 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.
75.0264
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RESOLUTION NO.
A RESOLL~ION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF ASSESS~~NT DISTRICT
NO. 952 BY EXPANDING THE SCOPE THEREOF TO INCLUDE MAINTENANCE OF LANDSCAPING
OF ADDITIONAL TERRITORY IN THE DISTRICT IN THE STATE COLLEGE AREA; CREATING A
SUB-ZONE TO BE ASSESSED THE COST OF SAID MAINTENANCE; ORDERING THE AMENDMENT
AND EXPANSION OF THE SCOPE OF THE DISTRICT AND THAT THE SPECIAL ASSESSMENT,
INVESTIGATION AND LIMITATION ACT OF 1931 SHAl.L NOT APPLY AND APPROVING
AMENDED ASSESSMENT DISTRICT DIAGRAM MAP NO. 952.
WHEREAS, by Resolution No. 81-235 adopted June 15, 1981, the Mayor
and Common Council of the City of San Bernardino created Assessment District
No. 952 for the maintenance of landscaping in the State College Area; and
I\1lEREAS, the Mayor and Common Council of the City of San Bernardino
have preliminarily found that the public interest, convenience, and necessity
require the amendment of Assessment District No. 952 by expanding the scope
thereof to include the maintenance of additional territory within the
boundaries of the district; and
I\1lEREAS, the addition of said area of landscaping maintenance
within the boundaries of the District is not of general benefit to the
District and a sub-zone within Zone 2 is necessary to assess the costs
therefor and will increase the cost of assessment to the properties within
the sub-zone; and
WHEREAS, the Mayor and Common Council of the City of San Bernardino
have, on the 3rd of February, 1992. passed and adopted Resolution No. 92-35
entitled:
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING
THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF ASSE~SMENT
DISTRICT NO. 952 LOCATED IN THE STATE COLLEGE AREA BY EXPANDING THE SCOPE
THEREOF TO INCLUDE THE MAINTENANCE OF LANDSCAPING OF ADDITIONAL TERRITORY IN
THE DISTRICT; CREATING A SUB-ZONE TO BE ASSESSED THE COST OF SAID
MAINTENANCE; DECLARING ITS INTENTION TO PROCEED TO ORDER THE AMENDMENT AND
EXPANSION OF SCOPE OF THE DISTRICT; AND WAIVING NOTICE AND HEARING.
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06-29-92
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RESOLUTION EXPANDING SCOPE AD 952
C
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which said resolution indicated that the City elected to proceed without
Notice and Hearing pl~suant to Section 12.90.040C(5) of the Municipal Code as
the request to expand the scope of the existing District represents 100% of
the property owners liable to be assessed for the said maintenance:
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the public convenience and necessity require, and
the Mayor and Common Council of the City of San Bernardino hereby declares
that the public interest, convenience, and necessity requires and hereby
orders, the amendment of the scope of Assessment District No. 952 by
expanding the scope thereof to include the maintenance of landscaping of
additional territory in the district: creation of a sub-zone to be assessed
the costs thereof; the work described in said Resolution No.92-35 to be done
as provided in said Resolution and that the Special Assessment, Investigation
and Limitation Act of 1931 shall not apply.
SECTION 2. Reference hereby is made to said Resolution No.
for a description of the work, the extent of the additional scope of
92-35
the
assessment district, the financing alternatives and for further particulars.
SECTION 3. That Amended Assessment District Diagram Map No. 952 is
hereby approved.
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06-29-92
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RESOLUTION EXPANDING SCOPE AD 952
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
following vote, to wit:
Council Members:
AYES
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
NINOR
11 POPE-LUDLAM
12 MILLER
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day of
, 1992, by the
City Clerk
The foregoing resolution is hereby approved this day of
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By: Ik~ ],/k
(J
06-29-92
NAYS
ABSTAIN
. 1992.
W.R. Holcomb, Mayor
City of San Bernardino
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