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File No. 14.40-94
.-eITY OF SAN BERt'RDINO - REQUEST O>R COUNCIL ACTION
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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:
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FUNDING REQUIREMENTS:
(Acct. DescriDtion I
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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
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RESOLUTION NO.
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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
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RESOLUTION ORDERING WORK - AD1007 (RANDALL AND PEPPER AREA LANDSCAPE
MAINTENANCE ~ESSMENT DISTRICT. 0
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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.
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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
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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
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W.R. HOLCOMB. Kayor
City of San Bernardino
22 Approved as to foI'll
and legal content:
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JAKES F.
City At
By:
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04/16/93
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