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CITY OF SAN BERNOtDINO - REQUEST ~::,tcouNcit91ACTION
From:
ROGER G. HARDGRAVE. Dir.ector
Subjectl
Resolution Ordering Work;
Assess. Distr. No. 1005;
(Cajon & Pepper Linden Area
Lndscp. Maint. Distr.)
Dept:
Public Works/Engineering
Date:
October 22. 1991
Synopsis of Previous Council action:
10-21-91 --- Adopted Resolution of Intention.
Recommended motion:
Adopt Resolution.
cc: Shauna Edwins. City Administrator
Andrew Green, Director of Finance
James Penman. City Attorney
~~
Slgnatu
Contact person:
Verne Nadeau
Phone:
384-5026
Supporting data attached: staff Report. Map
Ward:
6
FUNDING REQUIREMENTS:
Amount:
$3.000.00
Source: (Acct. No.)
251-688-53925
(Acct. DescriPtion)
Assess. Distr. 1005
To be paid from money up-fronted by Developer.
Finance:
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Council Notes:
75.0262
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, '~enda Item No :J.... 'I
C'ITY OF SAN BERN~DINO - REQUEST F~ COUNCIL ACTION
STAFF REPORT
On October 21, 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 Cajon and Pepper Linden 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.
10-22-91
75-0264
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF
LANDSCAPING IN THE AREA OF CAJON BOULEVARD AND PEPPER LINDEN DRIVE
CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE,
KNOWN AS ASSESSMENT DISTRICT NO. 1005, 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 maintenance of landscaping in a portion of the City, as more
fully hereinafter described, and the appurtenances aIld 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 21st day of October, 1991, passed and adopted Resolution No.
91-434 entitled:
RESOLUTION OF TIlE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING
THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEED
TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT ~O.
1005 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 tor
the maintenance.
NOW, THEREFORE, BE IT RESOLVED BY TIlE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the public convenience and necessity require, and
III
0-22-91
RESOLUTION ORDEl:)G WORK AD 1005
o
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 No. 1005; the work described in
4 said Resolution No. 91-434 to be done in portions of the Easterly side of
5 Pepper Linden Drive, the Southerly side of Cajon Boulevard, in easement areas
6 located adjacent to and Southeasterly of the Southeasterly line of Tract No.
7 14503-1, the Retelltion Basin located in Tract No. 14503-1 and in easements
8 granted for landscape maintenance purposes on the recorded maps of Tracts
9 14503 and 14503-1 as provided in said Resolution and that the Special
10 Assessment, Investigation and Limitation Act of 1931 does not apply.
11 SECTION 2. lbe City Clerk hereby is directed to post a Notice for
12 five days on or near the door of the Council Chambers of the City Hall
13 inviting sealed proposals or bids when necessary for doing the work ordered
14 and referring to the specifications on file and to publish a Notice Inviting
15 such proposals for at least two days in the San Bernardino Sun, a newspaper
16 published and circulated in said City.
17 SECTION 3. The contract will be awarded pursuant to the standard
18 procedures used by the City in the award of Public Works contracts and the
19 work ordered hereunder shall be to the satisfaction of the City Engineer of
20 said City, and all of said work shall be done under his direction and shall
21 comply with the specifications prepared by him, and upon the completion of
22 said work, the City Engineer shall, and he hereby is directed to make the
23 assessment.
24 SECTION 4. Reference hereby is made to said Resolution No. 91-434
25 for a description of the work, the extent of the assessment district, the
26 financing alternatives and for further particulars.
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10-22-91
2
RESOLUTION ORDEt:5G WORK AD 1005
o
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
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Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
following vote, to wit:
CO\lIlcil Members:
day of
, 1991 by the
ESTRADA
ABSENT
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
AYES
NAYS
ABSTAIN
City Clerk
The foregoing resolution is hereby approved this
. 1991.
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
10-22-91
day of
W.R. Holcomb, Mayor
City of San Bernardino
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