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HomeMy WebLinkAbout21-Public Works File No. 14.40-94 .-eITY OF SAN BERt'RDINO - REQUEST O>R COUNCIL ACTION . From: ROGER G. HARDGRAVE, Director Subject: Resolution Ordering Work: Assessment District No. 1007 (Pepper and Randall Area Landscape Maintenance District.) Dept: Public WorksjEngineering Date: April 16, 1993 Synopsis of Previous Council action: 04-20-92 --- Authorization to proceed given by motion 07-20-92 --- Resolution of Intention No. 92-276 was adopted. 09-21-92 --- Resolution No. 92-381, amending Resolution 92-276 was adopted. 04-05-93 --- Resolution of Intention No. 93-99 was adopted, rescinding Resolution No. 92-318 and No. 92-276. Recommended motion: Adopt Resolution. cc: Shauno. Clark, City Administrator Barbaro. Pachon, Director of Finance Jues Pellllan, City Attorney (JA~~ LES FOGASSY 5334 Phone: Contact person: staff Report, Resolution Supporting data attached: Ward: 3 FUNDING REQUIREMENTS: (Acct. DescriDtion I '- To be recovered through assessments flu ~#11. Council Notes: 75.0262 Agenda I tem No ,;2j CITY OF SAN BERWORDINO - REQUEST ~R COUNCIL ACTION STAFF REPORT The formation of this assessment district is a result of a requirement by City for the developer to request the formation of an assessment district for the maintenance of landscaping. The attached Resolution orders the work to be performed and creates the formation of the district and its adoption is reco_ended. On April 4, 1992, authorization was given to proceed with the formation of a proposed Landscape Maintenance Assessment District No. 1007, in the Pepper and Meridian Area. On July 20, 1992, the Resolution of Intention was adopted which declared the City's intention to proceed with the establishment of the proposed Assess.ent District. Due to a change in the scope of the work to be perfo~ (specifically, the area of uintenance was expanded), a Resolution a.ending the Resolution of Intention was adopted on the 21st day of September, 1992. Due to further changes in the scope of the work, a Resolution of Intention No. 93-99 was adopted, rescinding Resolution No. 92- 276 and Resolution No. 92-381. This district is a require.ent of the developer and will begin the required uintenance once the landscaping has been installed and the one year plant guarantee period has expired. Due to the fact of 1001 participation, notice and hearing was not necessary (Section 12.90.04OC(5) Municipal Code). All costs incurred will be recovered through assessments on the parcels within Assessment District No. 1007. 4-16-93 . 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 o o RESOLUTION NO. :- RESOLUTION OF TIlE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT TIlE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF LANDSCAPING IN TIlE AREA OF PEPPER AVENUE AND RANDALL AVENUE, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1007. ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT. INVESTIGATION AND LIMITATION ACT OF 1931 DOES NOT APPLY. WHEREAS, the Mayor and Common Council of the City of San Bernardino have preliminarily found that the public interest, convenience, and necessity require the lIaintenance of landscaping in a portion of the City, as lIore 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 1fIIEREAS, the Mayor and Co_on Council of the City of San Bernardino have, on the 5th day of April 1993, passed and adopted Resolution No. 93-99 entitled: RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETEIlttINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMBNT DISTRICT IN THE PEPPER AND RANDALL AREA AND DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO.1007 AND WAIVING NOTICE AND HEARING AND RESCINDING RESOWfION NO. 92-381 AND RESOLUTION NO. 92- 276. which said resolution indicated that the City elected to proceed without Notice and Hearing pursuant to Section 12.90.04OC(5) of the Municipal Code as the request represented 10Of. of the property owners liable to be assessed for the maintenance. 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 Co_on Council of the City of San Bernardino hereby declares that 04/16/93 1 . RESOLUTION ORDERING WORK - AD1007 (RANDALL AND PEPPER AREA LANDSCAPE MAINTENANCE ~ESSMENT DISTRICT. 0 ., 1 the public interest. cpnvenience, and necessity requires and hereby orders. 2 the formation of Assessment District No. 1007; the work described in said 3 Resolution No. 93-99, to be done in portions of the East side of Pepper 4 Avenue, the West side of Meridian Avenue and within certain easements for 5 landscape aaintenance purposes granted to the City within Tract No. 15315, 6 within the boundaries of the District, as provided in said Resolution and 7 that the Special Assessment, Investigation and Limitation Act of 1931 does 8 not apply. 9 SECTION 2. The City Clerk hereby is directed to post a Notice for five 10 days on or near the door of the Council Chllllbers of the City Hall inviting 11 sealed proposals or bids when necessary for doing the work ordered and 12 referring to the specifications on file and to publish a Notice Inviting 13 such proposals for at least two days in the San Bernardino Sun, a newspaper 14 published and circulated in said City. 15 SECTION 3. The contract will be awarded pursuant to the standard 16 procedures used by the City in the award of Public Works contracts and the 17 work ordered hereunder shall be to the satisfaction of the City Engineer of 18 said City, and all of said work shall be done under his direction and shall 19 comply with the specifications prepared by hia, and upon the completion of 20 said work, the City Engineer shall, and he hereby is directed to make the 21 assess.ent. 22 SECTION 4. Reference hereby is IIllde to said Resolution No. 93-99 for a 23 description of the work, the extent of the assessaent district, the 24 financing alternatives and for further particulars. 25 / / 26 / / 27 / / 28 // 04/16/93 2 . " ,-" ',.."., RESOLUTION ORDERING WORK - AD1007 (RANDALL AND PEPPER AREA LANDSCAPE MAINTENANCE ~'l~ESSI1ENT DISTRICT. 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 2 Mayor and Common Council of the City of San Bernardino at a 3 4 5 6 7 8 9 10 11 12 13 14 15 meeting thereof held on the , 19_____, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LllDLAM KILLER day of ABSENT City Clerk 16 The foregoing resolution is hereby approved this , 19_____, day of 17 18 19 20 21 W.R. HOLCOMB. Kayor City of San Bernardino 22 Approved as to foI'll and legal content: 23 24 25 JAKES F. City At By: 26 27 28 04/16/93 3