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o 0 0 File No. 14.40-32 0
CITY GIllAN _RNARDlNO - REQUEST FOR COUNCIL ACTION
From:
ROGER G. HARDGRAVE, Director
Public Works/Engineering
Subject:
Resolution Ordering Amendment
of Scope: Assess. Distr. 959
(Shandin Hills Area ndscape
Maint. Oistr.)
Oept:
~: July 27, 1988
Synopsis of Previous Council ection:
12-21-87
Adopted Resolution of Intention to Amend the Scope of
the District.
Recommended motion:
Adopt Resolution.
cc:
Jim Robbins, Acting City Administrator
Andrew Green, Acting Finance Director
Jim Penman, City Attorney
Jim Richardson. Deputy City Ad.
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Signature
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Contact person:
Supporting data attached:
Verne Nadeau Phone:
Sta ff Reoort. MaD.j!2,es.I.,tn", Ward:
384-5026
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FUNDING REQUIREMENTS:
Amount: S 1 ,000 00
Source: (Acct. No'! 251-631-53925 (Tax 8111 Assessments)
To hA rAI"'nllpAti
(Acct, Descri~tionl
thrnllgh a~~p~~mpnts
ASSE.SSMEN~&~r iJ.:- 959 _
Fmance:
Council Notes:
Aop.ntla Itp.m Nn.
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. CITAF SAN BERNARDIN~ - REQUQT FOR COUNCIL AeQON
STAFF REPORT
This action is the result of a request from the developers of the
Shandin Hills Area Landscape Maint. Distr. in response to the
requirement of the City to establish an assessment district for the
portions of Kendall Drive, Shandin Hills Drive. "F" Street (Shandin
Hills Circle). and Little Mountain Drive. (Shandin Hills Area) and
those certain areas where easements are presently granted and in those
areas where easements will be granted to the City of San Bernardino for
landscape maintenance purposes as delineated on the existing and future
Subdivision Maps all lying within the existing boundaries of the
District.
On December 21. 1987. the Resolution of Intention to Amend the Scope of
Assessment District No. 959 was adopted which declaredthe City's
intention to proceed with the expansion of the Scope of the District.
Due to the fact of 100Z 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.
7/27/88
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAh BERNARDINO FINDING
AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE AMENDMENT OF ASSESSMENT DISTRICT NO. 959 BY
EXPANDING THE SCOPE THEREOF TO INCLUDE MAINTENANCE OF
LANDSCAPING OF ADDITIONAL TERRITORY IN THE DISTRICT IN THE
SHANDIN HILLS AREA; ORDERING THE AMENDMENT AND EXPANSION OF
THE SCOPE OF THE DISTRICT AND THAT THE SPECIAL ASSESSMENT,
INVESTIGATION AND LIMITATIDN ACT OF 1931 SHALL NOT APPLY AND
APPROVING AMENDED ASSESSMENT DISTRICT DIAGRAM MAP NO. 959.
WHEREAS, by Resol uti on No. 84-448 adopted November
8, 1984, the Mayor and Common Council of the Ci ty of San
8ernardino created Assessment District No. 959 for the
maintenance of landscaping in the area of Kendall Drive,
Shandin Hills Drive, "F" Street (Shandin Hills Circle), and
Little Mountain Drive, (Shandin Hills Area); and
WHEREAS, 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. 959 by expanding the scope thereof to
include the maintenance of additional territory within the
boundaries of the district; and
HHEREAS, the Mayor and Common Council of the Ci ty of
San Bernardino have, on the 21st of December, 1987, passed
and adopted Resolution No. 87-441 entitled:
RESOLUTION OF THE CITY OF SAN BERNARDINO
PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE
AND NECESSITY REQUIRE THE AMENDMENT OF ASSESSMENT
DISTRICT NO. 959 8Y EXPANDING 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 SCOPE OF THE DISTRICT; AND WAIVING
NOTICE AND HEARING.
7/27/88
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RESOLUTION AMENDING SCOPE
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AD959
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1 which said resolution indicated that the City elected to
2 proceed wi thout Noti ce and Heari ng pursuant to Secti on
3 12.90.040C(51 of the Municipal Code as the request to expand
4 the scope of the existing District represents 1001 of the
5 property owners liable to be assessed for the said
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maintenance;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN 8ERNARDINO AS FOLLOWS:
SECTION 1.
That the public convenience and
necessity require, and the Mayor and Common Council of the
Ci ty of San Bernardino hereby declares by not less than a
4/5th vote as defined in Section 12.90.0400 of the San
13 Bernardino Municipal Code, that the public interest,
14 convenience and necessity requires and hereby orders, the
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amendment of the scope of Assessment District No. 959 by
expanding the scope thereof to include the maintenance of
landscaping of additional territory in "the district; the work
described in said Resolution No. 87-441 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
Reso1 ution No. 87-44l for a description of the work, the
extent of the addi tiona1 scope of the assessment district,
the financing alternatives and for further particulars.
7/27/88
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RESOLUTION AMENDING SCOPE AD959
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SECTION 3. That Amended Assessment District Diagram
Map No. 959 is hereby approved.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the ~layor and Common Counci 1 of the Ci ty of
San Bernardino at a
meeting thereof, held on
the
day of
, 19_, by the
following vote, to wit:
AYES: COUNCIL MEMBERS
NAYS:
A8SENT:
Ci ty Clerk
The foregoing resolution is hereby approved this
day of
,19_.
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
and legal content:
c~
7/27/88
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