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CI7Y OF SAN BERNADINO - REQUEST FliIC~U~C~~7 ACTION
FW
Dept:
ROGER G. HARDGRAVE. Director
Subject:
Resolution Ordering Work;
Assess. Distr. ~o. 993;
(Cajon & June Area Landscaping
~aintenance District.)
Public Works/Engineering
Date: January 28. 1991
Synopsis of Previous Council action:
8-6-90 --- Adopted Resolution of Intention.
Recommended motion:
~AdoPt Resolution.
cc: Shauna Edwins. City Administrator
Andrew Green. Director of Finance
James Penman. City Attorney
Contact person:
Verne Nadeau
Phone:
384-5026
Staff Report, Map
Supporting data attached:
Ward:
6
FUNDING REQUIREMENTS:
Amount:
S4,OOO.00
Source: (Acct. No.) 251-669-53925
(Acct. DescriPtion)
To be paid from up-front money by Developer.
Assess. Distr. 993
Finance: (Xr ]..J Jj rv--
Co_NOtes:
75-0262
Aaenda Item No. ~ "
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: CITY OF SAN BERNAAINO - REQUEST FO' COUNCIL ACTION
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STAFF REPORT
On August 6, 1990, the Resolution of Intention was adopted which declared
the City's intention to proceed with the establishment of a landscaping
maintenance district in the Cajon and June street area. This district is a
requirement of the developer and will pick up the required maintenance once
the landscaping has been installed and the one year plant guarantee period
has expired.
Due to the fact of lOOt participation, notice and hearing was not necessary
(Section 12.90.040C(5) Municipal Code) and this Resolution is the next
formal step in the proceedings.
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RESOLL"TION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE
PUBLIC CONVENIENCE AND NECESSITY REQUIRE Tlili PROPOSED MAINTENANCE OF
LANDSCAPING IN THE AREA Of CAJON BOULEVARD AND JUNE STREET. CREATING AN
ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID ~"~INTENANCE. KNOWN AS
ASSESSMENT DISTRICT NO. 993. ORDERING THE WORK AND THAT THE SPECIAL
ASSESSMENT. INvESTIGATION AND LIMITATION ACT OF 1931 DOES NOT APPLY.
WREREAS. the Mayor and Common Council of the City of San Bernardino
have preliminarily found that the public interest. convenience. and necessity
require the maintenance of landscaping in a portion of the City. as more
fully hereinafter described. and the appurtenances and appurtenant work and
incidental costs and expenses in connection therewith. that the project is
feasible.
and that the lands to be assessed will be able to carry the
burden of the proposed assessments to pay the costs and expenses thereof;
and
WHEREAS. the Mayor and Common Council of the City of San Bernardino
have. on the 6th day of August. 1990. passed and adopted Resolution No. 90-
337 entitled:
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING
THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A
LANDSCAPING ~AINTENANCE ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO
PROCEED TO ORDER WORK WITHIN THE DISTRICT. TO BE KNOWN AS ASSESSMENT DISTRICT
NO. 993 AND WAIVING NOTICE AND HEARING.
which said resolution indicated that the City elected to proceed without
Notice and Hearing pursuant to Section 12.90.040C(5) of the Municipal Code as
the request represented 100% of the property owners liable to be assessed for
the 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
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01-28-91
1 the Mayor and Common Council of the City of San Bernardino hereby declares
2 that the public interest, convenience, and necessity requires and hereby
3 orders, the formation of Assessment District ~o. 993; the work described in
4 said Resolution No. 90-337 to be done in those certain retention basins
5 located within Tracts ~o. 14184 and 14185 as provided in said Resolution and
6 that the Special Assessment, Investigation and Limitation Act of 1931 does
7 not apply.
8 SECTION 2. The City Clerk hereby is directed to post a Notice for
9 five days on or near the door of the Council Chambers of the City Hall
10 inviting sealed proposals or bids when necessary for doing the work ordered
11 and referring to the specifications on file and to publish a Notice Inviting
12 such proposals for at least two days in the San Bernardino Sun, a newspaper
13 published and circulated in said City.
14 SECTIO~ 3. The contract will be awarded pursuant to the standard
15 procedures used by the City in the award of Public ~orks contracts and the
16 work ordered hereunder shall be to the satisfaction of the City Engineer of
17 said City, and all of said work shall be done under his direction and shall
18 comply with the specifications prepared by him, and upon the completion of
19 said work, the City Engineer shall, and he hereby is directed to make the
20 assessment.
21 SECTION 4. Reference hereby is made to said Resolution No. 90-337
22 for a description of the work, the extent of the assessment district, the
23 financing alternatives and for further particulars.
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RESOLUTIO~ ORDERING KORK AD 993
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01-28-91
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RESOLL'TION ORDERING WORK AD 993
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1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
2 ~ayor and Common Council of the City of San Bernardino at a
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meeting thereof, held on the
, 1991, by the
day of
following vote, to wit:
Council Members:
NAYS
ABSTAIN
A\'ES
ESTRADA
REILLY
FLORES
MAUDSLEY
XINOR
11 POPE-LUDLAX
12 :1ILLER
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14 City Clerk
15 The foregoing resolution is hereby approved this
16 . 1991.
day of
W.R. Holcomb, ~iayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
ByJ- 1fL-
01-28-91
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