HomeMy WebLinkAbout1991-185
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 91-185
RESOLUTION OF THE CITY OF SAN BERNARDINO RELATING TO
PROCEDURE FOR CITY-PROPERTY OWNER PARTICIPATION IN THE
LANDSCAPE DEVELOPMENT PROGRAM FOR PROPERTY FRONTAGE LOCATED
ON THE PUBLIC RIGHTS-OF-WAY AND WITHIN THE BUILDING SET-BACK
AREA UP TO A MAXIMUM OF TWENTY (20) FEET.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. PURPOSE.
In order to expedite the development of landscaping
along the public right-of-way on specified major arterials
and in specific commercial zones, the city may pay up to one-
half the cost of such work.
Arterials and commercial zones
are specified in "Landscape Development and Maintenance
Program" listing of streets and boundaries attached hereto,
marked "Exhibit I" and incorporated herein by reference as
fully as though set forth at length.
SECTION 2. ELIGIBLE.
Eligibile projects for City participation of one-half
the cost shall be only those projects for which the City has
initiated Chapter 12.96 proceedings of the San Bernardino
Municipal Code.
SECTION 3. INELIGIBLE PROJECTS.
This resolution does not apply to landscape development
and improvements required of a property owner as a condition
of obtaining a building permit,
conditional use permit or
other type of development permit.
3/19/91
-1-
1 RESOLUTION RELATING TO PROCEDURE FOR CITY-PROPERTY OWNER
PARTICIPATION IN LANDSCAPE DEVELOPMENT PROGRAM, ETC.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 4. PROCEDURE.
The work hereunder may be performed by a private
contractor engaged by either the property owner or the city
following application to the Public Works Department for
participation in the program.
a. Applications, outlining the work to be performed
shall be completed on forms to be provided by
the Public Works Department.
Upon approval of
the project, an agreement (Exhibit "11") for
landscape construction and maintenance will be
made between the City and the property owner.
The Director of Public Works, City of San
Bernardino is hereby
authorized to execute
agreements for this purpose on behalf of City.
b. The Public Works Director and the Director of
Community
Services
Recreation
and
Parks,
Department shall have an inspection made of the
project site; estimate the cost of the work; and
advise the property owner in the Landscape
Construction and Maintenance Agreement of the
dollar amount of the one-half cost contribution.
c.
The property owner will have the option of
having work performed by a private contractor
selected by the city or by the property owner.
3/19/91
-2-
1 RESOLUTION RELATING TO PROCEDURE FOR CITY-PROPERTY OWNER
PARTICIPATION IN LANDSCAPE DEVELOPMENT PROGRAM, ETC.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
In no event will the amount of the city's
contribution exceed the sum determined in (b)
above.
d.
The Public
Works Director, following final
inspection
and approval of the completed
landscape construction work by the City Parks,
Recreation and community Services Director, and
upon the presentation of receipted bills or
invoices, shall authorize 50% of the actual cost
of the project or the sum determined pursuant to
(b) above, whichever is less, to be paid to the
property owner.
e.
In the event a property owner elects to have the
work performed by a private contractor, the
contractor shall apply for and receive a no-fee
permit issued by the Public Works Department.
I HEREBY CERTIFY that the foregoing resolution was
20 adopted by the Mayor and Common Council of the city of San
21 Bernardino at a
Reqular
meeting thereof, held on the
20th
day if
May
, 1991.
22
23
24
25
26
27 3/19/91
28
-3-
1 RESOLUTION RELATING TO PROCEDURE FOR CITY-PROPERTY OWNER
PARTICIPATION IN LANDSCAPE DEVELOPMENT PROGRAM, ETC.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COUNCIL MEMBERS: AYES NAYS ABSTAIN
ESTRADA ...K...-
REILLY v
-"--
FLORES ....lL-
MAUDSLEY ....lL-
MINOR ....lL-
POPE-LUDLAM ....lL-
MILLER ....lL-
C~y-~,~y
The foregoing resolution is hereby approved this
day of
Mav
, 1991.
23rd
//'
W. R. Holcomb, M yor
city- of San Berdardino
Approved as to form
and legal content:
James F. Penman
city Attorney
B~41I-<2r.../
(RESO:LNSP.DEV.)
26 3/19/91
-4-
27
28
LANDSCAPE DEVELOPMENT AND MAINTENANCE PROGRAM
All streets listed below within the City Limits of the City
of San Bernardino:
North to South oriented streets (major arterials):
1. Waterman Avenue.
2. Sierra way.
3. Mountain View.
4. "D" Street
5. "E" Street
6. "F" Street
7. "G" Street
8. "H" Street
9. "I" Street
10. Mount Vernon Avenue
11. Medical Center Drive
12. California Street
East to West oriented streets (major arterials):
1. Mill Street
2. Rialto Avenue
3. Second Street
4. Third Street
5. Fourth Street
6. Fifth Street
7. sixth Street
8. Seventh Street
9. Eighth Street
10. Ninth Street
11. Tenth Street
12. Eleventh Street
13. Baseline Street
14. sixteenth Street
15. Highland Avenue
16. 27th Street
17. 30th Street
18. 40th Street
19. Marshall Boulevard
20. 48th Street
21. University Parkway
22. Northpark Boulevard
EXHIBIT "I"
-1-
East to West oriented streets (commercial zone):
1. Fourth street
2. sixth street
3. Seventh Street
4. Eighth Street
5. Tenth Street
6. Eleventh Street
7. Fourteenth Street
8. Fifteenth Street
9. sixteenth Street
All streets listed below
City of San Bernardino
influence:
not
but
within the city limits of the
within the City's sphere of
Del Rosa Avenue
sterling Avenue
Foothill Drive
40th Street
(EXHIBITILDSCAPE)
EXHIBIT "I"
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
AGREEMENT
FOR LANDSCAPE IMPROVEMENTS
AGREEMENT is entered into
, 1991, by and
("city") and
as of this
between the City of San
( "Property
THIS
day of
Bernardino
Owner") .
RECITALS
A. WHEREAS, CITY and PROPERTY OWNER desire to enter into
agreement for Construction of Landscaping on property
located on city Right-of-Way and on the Building Set-back
area up to a maximum of 20 feet at
and (Property Address)
B. WHEREAS, it is mutually
hereto that the PROPERTY OWNER
property; and
beneficial to the parties
install landscaping on the
C. WHEREAS, the parties
of this Agreement under
the City Municipal Code .
hereto contemplate the performance
the provisions of Chapter 12.96 of
NOW THEREFORE, in consideration of the mutual
covenants herein, the parties do hereby agree as follows:
1. PROPERTY OWNER has formally requested
participation in this City assisted program for
upgrading property frontages by installation of
landscaping in accordance with plans which have been
approved by city Engineer and Director of Parks, Re-
creation and Community Services Department.
2. CITY may, pursuant to Section 12.96.040, City
19 Municipal Code , pay one-half the cost of construction
landscaping located on the Right-of-Way and within the
20 set back area up to a maximum of twenty (20) feet.
21 3. Pursuant to Section 4, paragraphs (b) and (d) of
the prodecural Resolution, CITY agrees to reimburse
22 PROPERTY OWNER $ or 50 percent of the
actual costs, whichever is less, upon favorable
23 inspection and approval of the project by Director of
Parks, Recreation and Community Services Department and
24 upon presentation of receipted bills or invoices.
25
26
27
28
4. PROPERTY OWNER agrees to maintain property
accordance with city standards after landscape
construction is completed pursuant to
12.96.070, city Municipal Code.
in
con-
Section
EXHIBIT "II"
1
2
3
4
5
6
7
5. PROPERTY OWNER understands that in the event
property is not maintained according to City standards
that CITY may, after exhausting all efforts to have
PROPERTY OWNER perform the maintenance, cause said
property to be maintained and the cost shall be billed
by City to the property owner. Failure to pay the
invoice for costs of maintenance within 30 days shall
result in a lien on the property pursuant to proced-
ures of section 12.96.070, City Municipal Code.
IN WITNESS WHEREOF, the parties have executed this
8 instrument upon the date first herein above appearing.
9 PROPERTY OWNER:
DEPARTMENT OF PUBLIC WORKS
CITY OF SAN BERNARDINO
10
11
12
13
By
By
Director
(Name)
(Address)
14 WITNESS:
15 By
16
17
18
19
20
21
22
23
24
(AGREEMENTLSPIMP)
25 3/20/91
-2-
26
27
28