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HomeMy WebLinkAbout30-Public Works 'CIT~ OF SAN BEAARDINO - File No. 14.4U-~~ REQUES()OR COUNCIL ACTION From: ROGER G. HAlIDGRA VE, Director Subject: Resolution Ordering Work; Assess. Distr. No. 1002; (North "H" st. Area Landscaping Maintenance District.) Dept: Public lI'orksfEngineering Date: March 26, 1991 Synopsis of Previous Council action: 03-18-91 --- Adopted Resolution of Intention. Recommended motion: Adopt Resolution. cc: Shauna Edwins, City Administrator Andrew Green. Director of Finance James Penman. City Attorney Verne Nadeau 384-5026 Contect person: Phone: Supporting date attached: Staff Report, Map Ward: 5 FUNDING REQUIREMENTS: Amount: 53,000.00 Source: (Acct. No.! 251-682-53925 Acct. Oescri tion To be paid from up-front moneys by Developer Assess. Distr. 1002 Finance: \D~. Council Notes: Agenda Item No ~ CITY OF SAN BERGlRDINO - REQUESTOoR COUNCIL ACTION STAFF REPORT On March 18. 1991, the Resolution of Intention was adopted which declared the City's intention to proceed with the establishment of a landscaping maintenance district in the North "R" 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(S) Municipal Code) and this Resolution is the next formal step in the proceedings. 3-26-91 75-0264 \ '. . N 8 - i i ! 8 I; ~ .1 a.. ... !I I Ou f it: ~ ...li !a . Q . !E ~ tH :l , :, : , , J : " .. e , . ~i j{:d:ll'. "f.' II. i~ ,qi nili ,~;. il3 · r .... ~ "1 - .. i'll . !I.: ~.li il.I~'iJ ~ f I)"' fJ' .n h .1 ....-.... L - I ,.... . pz '. j Ii ~ ~ to H u.... I I ~ ~ I i . - _I i . . f .J . ~ . . . , ~ : . ; ; >> i -- i ;Ii - . , . ~ ,- .'. i I i!11 ~l!I~ ;111 I II. II Ih I'~ II~ " '. o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOWTI ON NO. A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETER~INING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENA\CE OF LANDSCAPING IN THE AREA OF NORTH "H" STREET, CREATING AN ASSESSl"iENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1002, ORDERING THE WORK AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 DOES NOT APPLY. liHEREAS. the Mayor and Common Connei I of the City of San Bernardino have preliminarily' found that the public interest, convenience, and necessity require the maintenance of landscaping in portions of the City, as more fully' hereinafter descl-i bed. 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 wi 11 be abl e 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 18th day of March, 1991, passed and adopted Resolution Nu. 91-90 entitled: RESOL~7ION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATJON OF A LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1002 AND WAIVING NOTICE AND HEARING. which said resolution indicated that the City ejected 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 A@ COMMON COUNCIL OF 25 THE CITY OF SAN BERNARDINO AS FOLLOWS: 26 27 28 SECTIO~ 1. That the public convenience and necessity require. and 1// 03-26-91 '. '. RESOLUTION O~RING WORK AD 1002 o 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 the Mayor and Common Counci I of the City of San Bernal'dino hereby declares that the public interest, convenience, and necessity requires and hereby orders, the formation of Assessment District No. 1002; the work described in said Resolution No. 91-90 to be done in portions of both sides of "H" Street, North of 53rd Street and in the South bank of the San Bernardino County Flood District's dike which adjoins the area on the North as provided in said Resolution and that the Special Assessment, Investigation and Limitation Act of 1931 does not apply. SECTION 2. The City Clerk hereby is directed to post a Notice for five days on or near the door of the Council Chambers of the Cit~. Hall inviting sealed proposals or bids when necessary for doing the work ordered and referring to the specifications on file and to publish a Notice Inviting such proposals for at least two days in the San Bernardino Sun, a newspaper published and circulated in said City. SECTION 3. The contract will be awarded pursuant to the standard procedures used by the City in the award of Public Works contracts and the work ordered hereunder shall be to the satisfaction of the City Engineer of said City, and all of said work shall be done under his direction and shall comply with the specifications prepared by him. and upon the completion of said work, the City Engineer shall, and he hereby is directed to make the assessment. SECTION 4. Reference hereby is made to said Resolution No. for a description of the work, the extent of the assessment district, financing alternatives and for further particulars. 91-90 the III / II III 03-26-91 2 '. " RESOLUTION ORDERING WORK AD 1002 o o 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 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a day of , 1991, by the meeting thereof, held on the following vote, to wit: Council Members: AYES NAYS ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this day of . 1991. W.R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney 03-26-91 3