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CI't~ OF SAN BE~RDINO
File No. 14.40-54
- REQUESTOOR COUNCIL ACTION
From:
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Subject:
10:00 A.M. Protest Hearing and
Resolution Ordertng work:
Assessment District No. 1000.
(waterman Ave .Lndscp ~laint and
Construction)
ROGER G. HARDGRAVE, .Director
Dept:
Public liorksjEngi.neering
Date:
March 16, 1992
Synopsis of Previous Council action:
03-02-92
--- Adopted Resolution of IntenUon.
Recommended motion:
1. That the prot...:ts, if any, be overruled, the hearing be dosed, and fi.nd and
determine that the public convenience and necessity require the proposed installat.ion
and maintenance of landscaping in the waterman Avenue area, and that the Special
Assessment Investigation and Limitation Act of 1931 shall not apply. (4j5ths roll call
vote is required).
2. Adopt Resolution.
cc: Shawla Clark, City Administrator
Andr'ew Green, Director of Finance
James F. Penman, City Attorney
Kelley Poole
Phone:
384-5476
Contact person:
Supporting data attached:
Staff Report, Map
Ward:
1,2,3
FUNDING REQUIREMENTS:
Amount:
S 987,493.20
Source: (Acct. No.!
251-680-53925 (Tax Bill Assessments)
(Acct. DescriPtion)
Assess. Distr. 1000
To be recouped through assessments.
Finance:
Cl-lJ xJ~
---- --.
Council Notes:
75.0262
Agenda Item No
19
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CITY OF SAN BE.QARDINO - REQUES,()OR COUNCIL ACTION
,
STAFF REPORT
Hear protests, if any, and adopt the Resolution Ordering \lork in the
Waterman Avenue area between I.aseline Street and Interstate 10.
On March 2, 1992, the Hesolution of Intention was passed, which set up lhe
protest hearing date of April 6, 1992. As required hy Chapter 12.90 of the
Mw.icipal Code, the Notice of Impruvement and Hesol ution of Intention were
posted on or- near the Council Chambers door on Mar'ch 10, 1992; iI Notice of
Improvement was mailed to each elf the property owners in the proposed
district; and on March 10, 1992, the Resolution of Intention was published
in the Sun Newspaper. To date, we have received no protests.
The Resolution Ordering the wor'k is attached for ynur action.
.3 -I (p - 'l:J.
75-0264
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RESOLUTION 'iO.
A RESOLlJfION OF TIlE CITY OF SAX BERNARDINO FINDING AND DETERMINING TlIAT TI
PUBLIC CONVENIENCE AND ~ECESSITY REQ\;IRE TIlE PROPOSED INSTALLATION AN
MAINTENANCE OF LANDSCAPING I!':PROVEMENTS IN TIlE AREA OF WATERMAN AVENUE,
BETWEEN BASELINE STREET AND rh~ INTERSTATE 10 FREEKAY, CREATING AN ASSESSMEN
DISTRICT TO COVER TIlE COSTS OF SAID INSTALLATION AND MAINTENANCE, KNOWN A<
ASSESSMENT DISTRICT NO. JOOO, ORDERING 11~E WORK AKD THAT l1lE SPIelA'
ASSESSMENT, INVESTIGATION AND LIMITATION ACT Of 1931 SHAll NOT APPLY.
1\l~REAS, the ;;ayal' a!HI Common Council of the City of San Bernaniin
require the ins1..allai:.iuu dud maintenance of landscapiug in a purl.ion of
have preliminarIly found that the public interest, convenIence, and necessit
City, as more fully hereinafter described, and the appurtenances
appurtenant wad; ~nd incidental custs and expenses in connectiun therewith,
that the project is feasible, and that the lands to be assessed will be abl
to carry the burden of the propused assessments to pa:- Hie costs and expense
thereof; and
liHEREAS, the Mayor aud Common Council of the City of San Bernardin
have, on the 3rd of March, 1992, passed and adopted Resolution No. 92-8
entitled:
RESOLUTION OF TIlE CITY OF SAN BERNARDINO PRELIMINARILY DETERMININ
l11AT TIlE PUBLIC CONVENIENCE AND NECESSITY REQUIRE WE FOllXATION OF
LANDSCAPE INSTALLATION AND MAINTENANCE ASSESSMENT DISTRICT: DECLARING IT
INTENTION TO PROCEED TO ORDER liORK KITIHN THE lJISTRICT, TO BE KNOKN A
ASSESSMENT DISTRICT NO. 1000 AND SETTING AND DIRECTING PlJBLICATION OF NOTIC
OF A TIME AND DATE OF A PUBLIC HEARING.
which said resolution duly and legally was published and notice 0
i.mpruvement has been givell in the manner required by Chapter 12.90 of tb
San Bernardino Municipal Code; and written ohject ions and protest s to th
formation of the proposed di.stdct, the work t.o be dOlle or th" extent of th
district tu be assessed wer'€' beard and considered.
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03-16-92
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RESOLUTION~ERING WORK AD 1000
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NOli, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL or
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTIOK 1. That a full dnd fail' public bearing having Leen held,
as stated in Lhe recitals herein, and the Mayor and Common Council, having
heard dnd considered dny and all comments received thereon dnd being fully
advised in the premises, herel~ overrules any and all protests received.
SEeTIOK 2. That the publ ic conveniencE .md necessity require, dnd
the ~layor and Common Counci I of the City of San Ilernanlino hereby declares by
not less than a 4/5ths vote that the puhlic interest, cunvenience, and
necessity
requires and hereby orders, the formation of Assessment
the work described in said Resolution No. 92-81 to be
District
Nu. 1000;
portions of
done
in
Waterman Avenue Letween Baseline Street and the
Inter.state
10
freeway as provided in said Resulution and that the Special Assessment:,
Invest igation and Limitation Act of 1931 shall not apply.
SECTION 3. The City Clerk hereby is clirected to post a !;otice ior
five days on or near the door' of the Council Chambers of the City lIall
inviting sealed proposa;s or bids for doing the work ordered and referring to
the specificatiuns on file and to publish" Notice Inviting such proposals
for at least two days in the San Bernardino Sun, "newspaper published and
circulated in said City.
SECTION 4. 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 satisfactiun of the City Engineer' of
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03-16-92
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RESOLUTIOK~DERING WORK AD 1000
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said Ci ty.. and all of said work shal1 be done under his direction dnd shal 1
comply with the specifIcations prepared by him, and upon the completion of
said work, the City Engineer shal1, and he hereby is directed to make the
assessment.
SECTION 5. Reference hereby is made to said Resolution No. 92-81
flJr d description of the work, the extent of the assessment district, the
financing alternatives and for further particulars.
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03-16-92
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RESOLUTION~ERING WORK AD 1000
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Mayor and Common Council of the City of San Bernardino at a
I HEREDY CERTIFY that the foregoing resolution was duly adopted by th
meeting thereof. held on the
day of
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
HERNANDEZ
MAlIDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
. 1992.
Ii .R. Holcomb, ~jayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:0?~
03-16-92
4
, 1992, by th-
ABSENT
day of