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CITY OF SAN BERNARDINO -
. File No. 14.40-41 ~.
REQUEST FOR COUNCIL ~TION
From:
ROGER G. HARDGRAVE,
REC'O. - AO HIH'sgg~t:
1936 MA~ 27 r!l 3: ~,3
Protest Hearing and Resolution Ordering
Work: Assessment District No. 970
Dept:
Publ ic Works/Engineering
Date: March 25, 1986
Synopsis of Previous Council action:
3-3-86 -- Adopted Resolution of Intention
Recommended motion:
1. 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 in the Cable Creek area, and that the Special
Assessment, Investigation and Limitation Act of 1931 shall not apply.
2. Adopt the Resolution.
'" R,y Soh"'t",_ ',ti" City 'dmi,i,t"t" ~ ~~~
Signature
FUNDING REOUIREMENTS:
Proceedings Cost Only
Amount: $3,000
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P~...J..I"tf,i''''
Phone: 5026
Ward: 5
Source: Acct. No. 251-543 -41043
Finance: ?J<'<- C/{~..A-
Contact person:
Verne Nadeau
Supporting data attached: Yes
Council Notes:
75-0262
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File No. 14.40-41
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Hear Protests, if any, and adopt the Resolution Ordering Work in the Cable Creek
Area.
This is a result of a requirement of the proposed subdivisions and a request from
the owner of the proposed development.
On March 3, 1986, the Resolution of Intention was passed, which set up the protest
hearing date of April 7, 1986. 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 March 12, 1986; a notice of improvements was mailed to each of
the property owners in the proposed district; and on March 12, 1986, 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.
Although the amount shown on the front page of this report indicates $3,000 as the
amount, that represents the proceedings cost only which have been deposited by the
developer. The estimated annual assessment, when developed, is $185,170 which will
be up-fronted by the City each year and then collected through the annual assessment,
plus interest at the rate the City is receiving on other funds during that year.
75-0264
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MAP
VICINITY
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1 RESOLUTION NO.
2 A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMING
THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED MAINTENANCE OF
3 LANDSCAPING IN THE AREA OF CABLE CREEK, NORTHWESTERLY OF LITTLE LEAGUE DRIVE
CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE,
4 KNOWN AS ASSESSMENT DISTRICT NO. 970, ORDERING THE WORK AND THAT THE
SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY
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WHEREAS, the Mayor and Common Council of the City of San Bernardino
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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 3rd day of March, 1986, passed and adopted Resolution No. 86-75
entitled:
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETER~INING
THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF MAINTEN-
ANCE OF LANDSCAPING ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEE
TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO.
970 AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF
A PUBLIC HEARING.
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Which said resolution duly and legally was published and notice of improve-
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ment 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 proposed district, the work to be done or the extent of
the district to be assessed where heard and consiqered.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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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 and all protests received.
SECTION 2. That the public convenience-and necessity require, and
Mayor and Common Council of the City of San Bernardino hereby declares by
not less than a 4/5 vote as defined in Section 12.90.4040 of the San
Bernardino Municipal Code, that the public interest, convenience and neces-
sity requires and hereby orders, the formation of Assessment District No.
970, the work described in said Resolution No. 86-75 to be done in portions
of the North side of the Frontage Road for the entire distance within the
boundaries of the district together with the maintenance of the "open Space"
areas and related Tot Lot play equipment lying within Tentative Tracts No.
12756 and 13172, and the administration thereof as provided in said Resolu-
tion 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 Chambers of the City Hall in-
viting 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 Bernardino Sun, a newspaper and circulated
in sa id 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 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 comple-
tion of said work, the City Engineer shall, and he hereby is directed to
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make the assessment.
SECTION 5. Reference hereby is made to said Resolution No. 86-75
for a description of the work, the extent of the assessment district, the
financing alternatives and for further particulars.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
by the following vote, to-wit:
day of
, 1986.
AYES: COUNCIL MEMBERS
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1986.
Mayor of the City of San Bernardino
Approved as to form:
City Attorney