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HomeMy WebLinkAbout19-Public Works File No. 14.40-94 CITY' OF SAN BERtC)RDINO - REQUEST OR COUNCIL ACTION From: ROGER G. HARDGRAVE, Director Subject: Resolution Ordering Work: Assessment District No. 1007 (Pepper and Randall Area Landscape Maintenance District.) Dept: Public Works/Engineering Date: September 23. 1992 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. Recommended motion: Adopt Resolution. cc: Shauna Clark. City Administrator Fred Wilson. Acting Director of Finance James Penman. City Attorney Contact person: LES FOGASSY Phone: 5334 Staff Report. Resolution Supporting data attached: Ward: 3 FUNDING REQUIREMENTS: Amount: S 16.432 251-693-53925 Source: (Acct. No.) (Acct. Description) To be recovered through assessments ..";;::.::~'OO? Council Notes: 75-0262 Agenda Item No. If . C"TY OF SAN BERNODINO - REQUEST ~ COUNCIL ACTION STAFF REPORT 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 Assessment District. Due to a change in the scope of the work to be performed (specifically, the area of maintenance was expanded), a Resolution amending the Resolution of Intention was adopted on the 21st day of September, 1992. This district is a requirement of the developer and will begin the required maintenance once the landscaping has been installed and the one year plant guarantee period has expired. Due to the fact of 100% 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. 09-23-92 5-0264 I I"- o o o Z a.. <( ~ >- a:: <( 00 I.&JZ C/)=> o g z a.. LLI ~ o ~ :d a::U 4 a..-d a:: " ~ C/) is ~ Z 1LI ~ C/) C/) I.&J C/) C/) <( 4 Z ~ o ~ o ::i z 4 " U ~ Z . ~ . W z m B u o o I : l J ~ ''''''''' L. ,~",;,.n,-e .'T'. 1'1 Z 4 .. , , - I , . , ' / -, , ~ , I I \ ~ I I \ /! ~ I I \ . , , ' , 8 I , ' 1 , v , , ,; , , ,- ", ' , ,~! .', .i ' , " _ ;: .' > ~. , ~ " < , , ~ , ~: ; :.: l :~: ;; , , ~ ' , 0 , :':~:~:~_ft-~ ' ~~~ . . , , , ~ i . . ~ < s 1.. , 1 i J , ~ I --, , , , - , \ ~ / \ g I I I I; I I: I I ~ I I it, I , , - - ~ ~ :1 , . , \ ~ I '! , I : I I ~ \. , --..~. v z-- ~ - 0", Z>< -[5 O~ 0: <l: Zu 0::; W!!l 1Il00 Z... <l:o en lL..!Z O~ .... >-0: I-lt -\oj .:...,'" ~- i 1 ~. I, ' I;. .1 I. _I i~ ~'I ~ -, oJ ; ~ " ~~ : ~ it.: .I ~ 1- ,.. I!';~~, ~ ~ ~ .. -'. , 1- -. :.n:.; . "":; , ~ 'g ~ t i ~ ... r ~ .r: - . . r~l H; ... . ~ ! ~; Cl"""'" .oJ is _ .. . ! w ~ i w ~~ e ~ ~ ~ ~ ~ , 4 '!l.. Z~ w 0 ~ Z . ffi 1; ~ Z. W .. II " II " 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 () 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF 3 LANDSCAPING IN THE AREA OF PEPPER AVENUE AND RANDALL AVENUE, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS 4 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 maintenance of landscaping in a portion of the City, as more 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 WHEREAS, the Mayor and Common Council of the City of San Bernardino have, on the 20th day of July, 1992, passed and adopted Resolution No. 92-276 entitled: RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT 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. 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 for the maintenance. WHEREAS, the Mayor and Common Council of the City of San Bernardino have, on the 21st day of September, 1992, passed and adopted Resolution No. 92-381, amending the scope of the work to be performed within the proposed Assessment District. 09-23-92 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 RESOLUTION PEPPER AND ORDERING WORK RELATIVE TO ASSESSME~X,DISTRICT NO. 1007 llA~'l. AREA. , ) ---'\...1' . IN THE 1 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 Common Council of the City of San Bernardino hereby declares that the public interest, convenience, and necessity requires and hereby orders, the formation of Assessment District No. 1007; the work described in said Resolution No. 92-276, and as amended by Resolution No. 92-381, to be done in portions of the East side of Pepper Avenue, the West side of Meridian Avenue and within certain easements for landscape maintenance purposes granted to the City within Tract No. 15315, within the boundaries of the District, 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 City 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. 92-276, and Resolution No. 92-381 for a description of the work, the extent of the assessment district, the financing alternatives and for further particulars. 09-23-92 -2- . RESOLUTION ORDERING WORK RELATIVE PEPPER AND RANt:)L AREA. TO ASSESSMENT,DISTRICT NO. 1007 IN THE .j 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by 2 the Mayor and Common Council of the City of San Bernardino at a 6 ESTRADA 7 REILLY 8 HERNANDEZ 9 MAUDSLEY 10 MINOR 3 4 meeting thereof held on the , 19_____, by the following vote, to-wit: 5 Council Members: AYES NAYES ABSTAIN 11 POPE-LUDLAY. 12 MILLER 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 day of ABSENT City Clerk The foregoing resolution is hereby approved this , 19_____ day of W.R. HOLCOMB, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney B~~.) 09-23-92 -3-