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Home My WebLink About06-Public Works - -'-.. "",_",cf';",..,,~,'__rb_.~ , '.~- '.".'''!F . . . . .a-. ___ File No. 14.40-38 __ CITY OF SAN BERNARDIWO - REQU..... FOR COUNCIL AC1W)N ROGER G. HARDGRAVE Protest Hearing and Reso- lution Ordering Work: Assessment District No. 968 From: REC'O.-AOMSHbjUF. Public Works/Engineering June 17, 1985 IDES JUN 20 N~ 1]: 23 Dept: Date: Synopsis of Previous Council action: 6-3-85 -- Adopted Resolution of Intention Recommended motion: That the protests, if any, be overruled, the hearing be closed, and find and determine that public convenience and necessity require the proposed maintenance of landscaping and lighting in the median strip of Airport Drive between Commercenter East and Commercenter West, and that the Special Assessment, Investigation and Limitation Act of 1931 shall not apply. (6/7 roll call vote is required) Adopt the resolution. cc: John Matzer Jr., City Administrator fA, ~~ Signature Contact person: Verne Nadeau Phone: 5026 3 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: $5,025.00 Council Notes: 1 75.0262 Agenda Item No. ~. I 'CI';' OF SAN BERNARDlo - REQUAT FOR COUNCIL AC'ION STAFF REPORT Hear protests, if any, and adopt the Resolution Ordering Work in the Airport Drive Landscaping and Lighting Maintenance District. A petition was filed by 58.73% of Drive between Commercenter East establish an assessment district median strip of Airport Drive which owners association. the owners adjoining Airport and Commercenter West to for the maintenance of the is now being maintained by an On June 3, 1985, the Resolution of Intention was passed, which set up the protest hearing date of July 1, 1985. As required by Chapter 12.90 of the Municipal Code, the portions of the streets within the proposed district were posted by the Real Property Section on June 12, 1985; a notice of improvement was mailed to each of the property owners in the proposed district; and on June 12, 1985, the Resolution of Intention was published in the Sun Newspaper. To date, we have received no protests. The Resolution Ordering the work is attached for your action. 2 75-0264 ,,,",V ""-'_I:"\~;,,,r."'<'''':,';~_-C~7''""'\r;'-''i'~-__-,r''_>'~~'_'~f: "'- . .\ 0\0 "" ~,u; I ..." I" 1"81 ~ ~N@ ~I P I' ~~ ~ U,.,-..,{ ..,;:(?~. ' '-'f"': 00 n l. ./ !!'..~ ~ I:-€OMME~~~"""~5""""""'~S'J1'~ i:s:~~l ....,;r-<.....+ ':f".".;_ \ ,,'8.~"" 98 . ~ 0 ..2..., .Ufo ,At> 40 "0 .,., ~ ~'1;'1 V" 'IT I .... v..t z;;: ;;: 1 .. :- ~ 'U :-..}.. ,,'" 00 o' l~ ::< ~ " - ." \, - to :- . ....-.11I .. .' . " . --: o/Oj)'" :;u ,. - '-'''''''' '1 ..t>VJ m ... ~;... - to -.:'-' -6 -0. ... '" (JI '.:''''''1 ""lI\ owm "',() IOi\ .() n .. 0 ... 1') .- <XlO <Xl to .~~ I.~' ''1<''A .. ~ co. . (oil 11~P ~ ~61 l' ' ~~ ~ ,"'~ .,,1 /;u ..~ \ :7~- ~ . 3: ~ , ~tI!',"J-:J /..;/~.(" \ ..""d..;t..'",. ~ ~l..l :::! i \ -~ 0 I ,.t> , \ ' ""Q ~ I t. <> ~. ... "'01' m ~ @) ~ ':~ ' ~ Ul .x <.N ~ ~ _~ lD I"" ;''' ~ '3l'~ ~ ~.~ \~... 11\: ~ ~ ',~'; J~ '" '0 ~ '!!llL-l~ :::.~ ci' '" ~ \S" :;-t ,. 0 I "'; "'. . ~ ~.I'..." an 0"' .~"t': '-C/.~ I -. --- :M ~ 'N ~ "" ' L ~. ...... .~. z~ ~ (~) ~ ~~~_ ,. -roMMER{;~ ~R C' CLE-.'! () _. _'I':' ~ ''7 \ ~ "" - - . ~? ~ ~~.. '<96' \. .E!."'/'i' 7 , ..~ _ '" ,..,9."$ -"- \ ~ - . i>>\O_ . ... ... 'i<: '\ r;; .. ~. '> T'.... en - 1,' .~_~';. ~,.. ~,d' .:ZS8'~\\ ~ ~. ~ ~ l ~ \. , w~ . Ii' ~I..::) " "~) i o-.~ . ('1 (N , .... " I ,m :- ~ ci',% ::0 \" CD :;, I L~'i\i ~ Qj \!V::',...:t l, ?(I~1 ,,,rf/ _ iO . 1\)0\ 4 f . f;-;.-:;.;-....- -~ I .-- - Q) @ ~ m , . 0;. . '1M <.~ . ... :~ \ ~ @ ~ m ~ ;', ~ ~ $.;; _G' ~y \ \1,' ~. III ,d".'-~ m (J) .'" '1\) ,.. 8' . #,40 ~ P 8"~\io:,.,.'.. 1:0 ~ I ~iJ' ~.-;~ ;j ~ ",+", ,,"" ~~ I,~,: ~ _ X ~ ~ ~ (.~I' ~ ~ <: .'~ <-r,....v ,@ \~ @~' i ~ j :;I~ri ~ m';' .,... . 00<1> /79''';!- ..,,, . /617_~- ;,p';.f ,49.<" 1< t Q.Q- ;S_~. .' '~'- [, '" ! Z23: u' . . COMMERCeN"fet"f"''--..........':...t-''-~~'')~~~'*~~AST ~ ~: . ooQ V" I,,' . . "U /'.7/~ .. .... -02: . @~9 ~~."" _. +$ . ~\~ i !. ft~~ - r \~f;'~ ", " r ,,",~OI:: ,. 2" ~--' i hjiD:-o .. ~ '\'.\.-..__.-:;;. ~'" ~ I . =--::: . ~ 'G\'" u~ .. 1 ~.~<o ~ ~~..J , - ~ ! ::::!,m .. I;:' :; ",_, ~ ~ Ul 1 ."'-~ :1i>'\ ~f> . ';'lJ.:.-ll' I,fY- I I\) ro -4 (l) 01 ALLEY A r~" \.~I @ L::::::. eilit,,.;"4fj -~"" ~:-,"':4~ ."/;.... .~./"J (~). UI ,,,) ... .. I, " 1..- ~ . ~ .. '~ ,...--' . , .... '" @)If .,~)" i '" '" ". .. )> . :-. N ~~) '" '1l\ "~- Q1 '" )> n R'"''~''' l' r rn ..... :- .<:> "lJ " ;" . . /I"~ :- to ,.' UI __ ~\ :Po ....~) f> .-~~..:E? , , . . . 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-.': :";.;.:~. ,-\-r:.'-~.' "'<'\1-' . . . 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 AND LIGHTING IN THE AREA OF THE MEDIAN STRIP OF AIRPORT DRIVE BETWEEN COMMERCENTER EAST AND COMMERCENTER WEST, CREATING AN SSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, NOWN AS ASSESSMENT DISTRICT NO. 968, ORDERING THE WORK AND HAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT F 1931 SHALL NOT APPLY. WHEREAS, the Mayor and Common Council of the City of an Bernardino have preliminarily found that the public 'nterest, convenience and necessity require the maintenance f landscaping and lighting in a portion of the City, as more ully hereinafter described, and the appurtenances and ppurtenant work and incidental costs and expenses in onnection therewith, that the project is feasible, and that he lands to be assessed will be able to carry the burden of he proposed assessments to pay the costs and expenses hereof; and WHE REAS, the l1ayor an d Common Co un c 11 of the City of an Bernardino have, on the 3rd day of June, 1985, passed and dopted Resolution No. 85-197 entitled: . RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMA- TION OF A LANDSCAPING AND LIGHTING MAIN- TENANCE ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRIGT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 968 AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEARING. 1 . . . which said resolution duly and legally was pUblished an d notice of improvement has been given in the manner required by Chapter 12.90 of the San Bernardino Municipal Code; and written objections and protests to the formation of the pro- posed district, the work to be done or the extent of the district to be assessed were heard and considered. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That a full and fair public hearing having been held, as stated in the recitals herein, and the Mayor and Common Council, having heard and considered any and all comments received thereon and being fully advised in the premises, hereby overrules any and all protests received. SECTION 2. That the public convenience and necessity require, and th~ Mayor and Common Council of the City of San Bernardino hereby declares by not less than a 4/5th vote as defined in Section 12.90.040D of the San Bernardino Municipal Code, tha t the pUblic interest, conveninece and necessity requires and hereby orders, the formation of Assessment District No. 968; the work described . in said Resolution No. 85-197 to be done in portions of the mediawstrip of Airpor~ Drive between Commerc~nter East and' Commercenter West and the administration thereof, as provided in sa i d Resolution and that the Special Assessment, Investigation and Limitation Act of 1931 shall not apply. SECTION 3. The City Clerk hereby is directed to post a Notice for five days on or near the door of the Council 2 ". ., . . 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 . .... ,. .- , . . . . Chambers of the City Hall inviting sealed proposals or bids 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 Bern~rdino Sun, a newspaper pub- lished and circulated in said City. SECTION 4. The contract will be awarded pursuant to the standard pro~edures used by the City in the award of Public Wprks 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 5. Reference hereby is made to said Resolution No. 85-197 a description of the work, the extent of the assessment district, the financing alternatives and for further particulars. I HERE8Y CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 8ernardino at a . meeting thereof, he 1 d on " 19 ~.. by the , . . . , ~. ...~- the day of following vote, to wit: AYES: COUNCIL t~EMBERS NAYS: ABSENT: 3 . . 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 "",;~,"',1"" ,,,,,:"~,~,,,,,:,:",":,.._,, ':~~ ':''''::'-_:,,-'C~, . . . C 1 ty C 1 e r k The foregoing resolution is hereby approved this day of . 19 . Mayor of the City of San Bernardino Approved as to form: City Attorney . ........->: -'--,.---- 4