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, ". _ _ Fi Ie No. 14.40-26
Cli:l OF SAN BERNARDOO - REQUOT FOR COUNCIL AC~.JON
From: ROGER G. HARDGRAVE, Directo;':C'!n.bjidJ:t-lINR~&o.l ution of Intention, Amend
, """... ,,' ,. Scope of Assessment Di stri ct
Dept: Public Works/Engineering L." .,::. !;' ,-95'9 IShandin Hills Area Lndscp.
Maint. Distr.l
Date: October 20, 1987
Synopsis of Previous Council action:
8- 3-87
Authorization to proceed granted by motion.
Recommended motion:
Adopt Resolution.
cc: Raymond Schweitzer, City Administrator
Warren Knudson, Director of Finance
Jim Penman, City Attorney
Annie Ramos
Contact person:
Verne Nadeau
Phone:
1R4-50n
Supporting data attached: S ta f f R e p 0 r t, Map
Ward:
5
FUNDING REQUIREMENTS:
Amount: $1,000.00
Source: (ACCT. NO.) 251-631-53925
(ACCT. DESCRIPTION) Assess. Distr.
from up-front monies deposited by petitioneFli1ence: tJ.
959 To be paid
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Council Notes:
1
]'$-0262
Agenda Item No.
~o
'clk OF SAN BERNARDQO - REQU~T FOR COUNCIL AC~ON
STAFF REPORT
This action is the result of a request of the developers of the Shandin
Hills Area to include the maintenance of landscaping in the open space
and fire break areas of their Tracts into the scope of the existing
District. The scope of the original district was for the maintenance of
landscaping along portions of Little Mountain Drive, Kendall Drive,
Shandin Hills Drive and "F" Street.
The purpose of the action is to preliminarily determine that the public
convenience and necessi ty requi re the amendment of scope of Assessment
District No. 959 by expanding the scope thereof to include the
maintenance of additional territory in the District; declaring the
intention to proceed to order the amendment and expansion of the scope of
the District and waiving Notice and Hearing.
Pursuant to Chapter 12.90.040C(51 of the Municipal Code, notice and
hearing will not be required as 100% of the owners of the property to be
assessed have requested the district.
A Notice of Exemption under Section 15301 of the California Environmental
Quality Act was issued on September 10, 1987 for this expansion of scope.
10-20-87
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
3 AMENDMENT OF ASSESSMENT DISTRICT NO. 959 BY EXPANDING THE SCOPE
THEREOF TO INCLUDE THE MAINTENANCE OF LANDSCAPING DF ADDITIONAL
4 TERRITORY IN THE DISTRICT; DECLARING ITS INTENTION TO PROCEED
TO ORDER THE AMENDME~T AND EXPANSION OF SCOPE OF THE DISTRICT;
5 AND WAIVING NOTICE AND HEARING.
6 WHEREAS, the City of San Bernardino (hereinafter called
7 "City") as an exercise of its municipal affairs powers has
8 enacted an Assessment District Ordinance (Municipal Code
9 Chapter 12.90) to provide for the procedure for the formation
10 of assessment di stri cts wi thi n the Ci ty; and
11 WHEREAS, pursuant to said r~unicipal Code Chapter 12.90,
12 the Ci ty of San Bernardino, by Resol ution tJo. 84-4.18 adopted
13 November 8,1984, created Assessment District No. 959 for the
14 maintenance of landscaping in the Shandin Hills Area; and
15 .JHEREAS, the Assessment District 80undary Map for said
16 Assessment District was recorded in the office of the County
17 Recorder of San Bernardino County on August 24, 1984 in Book 31
18 of Assessments, page 33; and
19
WHEREAS, it has now become necessary to consider
20 amending the scope thereof by expanding same to include the
21 maintenance of landscaping in additional territory therein; and
22
WHEREAS, the addition of said area of landscaping
23 maintenance within the boundaries of the District, will
24 increase the cost of assessment to the properties presently
25 within the boundaries of the existing District; and
26 WHEREAS, the owners of said properties are aware of the
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-20-87
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] increased costs and 1001 thereof have requested said amendment.
2 NOW, THEREFORE, BE IT RESOLVED BY THf. r,1AYOR AND COMMON
3 COUNCIL OF THE CITY OF SAN BERNARDINO THAT:
4
SECTION 1.
Pursuant to Section 12.90.060 of the San
5 Bernardino Municipal Code, the Mayor and Common Council of said
6 City, hereby preliminary find and determine that the public
7 convenience and necessity require, and it is the intention of
8 the Mayor and Common Counci 1 to amend the scope of Assessment
9
District No. 959,
by expanding the scope to include the
10 maintenance of landscaping of additional territory, the
11 boundaries of said additional area are generally, as follows:
12 Those certain areas where easements are presently granted and
13 in those areas where easements will be granted to the City of
14 San Bernardino for landscape maintenance purposes as delineated
15 on the existing and future Subdivision Maps all lying within
]6 the existing boundaries of the District.
17 Reference is hereby made to a map on fi le in the offi ce
]8 of the City Clerk of said City delineating thereon the
]9 boundaries of said Assessment District No. 959, and to
20 Resolution of Intention No. 84-335, adopted August 20, 19B4 on
2] f i 1 e i nth e 0 f f ice 0 f the C i t Y C 1 e r k 0 f sa ide i t Y for a
22 description of the type of improvement, the a,sessment benefit
231 procedure to be followed, the assessment financing alternative
24 to be followed, for the method of collection of the assessment
25 and for a pro po sed ass e s men t r 01 1 for the 0 rig i n a 1 D i s t r i c t,
26 a 11 0 f w h i c h s h a 11 r e 1 a te to and be bin din g u p 0 nth e a men d e d
27
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0-20-87
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1 Di stri ct.
2
SECT ION 2.
It is the intention of said ~"ayor and
3 Common Council to order the amendment of scope by the expansion
4 thereof to include such additional maintenance.
[)
SECTION 3. Said contemplated work and improvements is
6 of more than local or ordinary public benefit, and that said
7 Mayor and Common Council do hereby make the expense of such
8 work and improvement chargeable
upon the amended district,
9 which amended district is hereby declared to be the district
10 benefited by said proposed work and improvement, and to be
11 assessed to pay the cost and expense thereof.
All public
12 streets or alleys, or portions thereof, hereby are excepted
13 from said assessment.
14
SECTION 4. That the City elects to proceed without
15 Notice and Hearing pursuant to Section 12.90.040C(5l of the
16 Municipal Code as the request to expand the scope of the
17 existing District represents 100% of the property owners liable
18 to be assessed for the said expanded maintenance.
19
SECTION 5. A copy of this resolution and a map showing
20 the exterior boundaries of the boundaries of the di strict wi th
21 relation to the territory immediately contiguous thereto will
22 be on file with the City Clerk and will be available for
23 inspection by any person or persons interested. This map shall
24 go v ern for all de t ail s as tot h e ex ten t 0 f the imp r 0 v e men t
25 District.
261
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10 20-87 3
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1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the ~layor and Common Counci 1 of the Ci ty of Sa~
3 Bernardino at a
meeting thereof, held
4 on the
day of
1987, by the
5 following vote, to wit:
6
7
8
AYES: Counci 1 Members
9
10
11
12
13
14
15
NAYS:
ABSENT:
city Clerk
16
The foregoing resolution is hereby approved this
17
18
19
20
21
22
day of
, 1987.
Mayor of the City of San Bernardino
23 Approved as to form
an~~ legal content:
24
25
/
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. '~'- : .;.,.; . I
,-C'ity Attorney
26
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0-20-87
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