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C:TY OF S~N BERtORblNO - REQUEST OR 8OUNCIL:0-'CTION
From:
Subject:
10:00 A.M. Protest Hearing
Assessment District No. 1004.
(Commercenter East Signals)
& Resolution Ordering Work
ROGER G. HARDGRAVE, Director
Dept:
Public Works/Engineering
Date:
April 1, 1991
SYllopsis of Previous Council action:
03-18-91 --- Adopted Resolution of Intention.
Recommended motion:
1. That the protests, if any, be overruled, the hearing be closed, and find and
determine that the public convenience and necessity require the proposed installation
of traffic signals and street lighting in the Commercenter East area, and that the
Special Assessment, Investigation and Limitation Act of 1931 does not apply.
2. Adopt the Resolution.
cc: Shauna Edwins, City Administrator
Andrew Green, Director of Finance
Jim Penman, City Attorney
Contact person:
Supporting data attached: Staff Report, 'lap
Verne Nadeau
Phone:
384-5026
Ward:
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FUNDING REQUIREMENTS:
Amount:
S150,OOO.OO
Source: (Acct. No.! 251-686-53925 (Tax Bill Assessments)
(Acct. Descriotionl
Assess. Distr. 1004
f." II \ Ar
Finance: ~ 'JJ
Council Notes:
Agenda Item No
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CITY OF SAN BERrIlRDINO - REQUEST Q,R COUNCIL ACTION
STAFF REPORT
Hear protests. if
adopted March 18.
Commercenter East
additional street
~aterman Avenue.
any. as scheduled by Resolution of Intention No. 91-91
1991 for the installation of traffic signals at
and Hospitality Lane and for the installation of
lights on Hospitality between Commercenter East and
This is a result of a study done by the City's Traffic Engineer relative to
traffic and pedestrian control at the intersection of Con~ercenter East and
Hospitality Lane in response to a letter from an adjoining property owner in
the area.
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 26. 1991; a notice of improvement was mailed to each of the
property owners ill the proposed district; and on !'.arch 26. 1991, the
Resolution of Intention was published in the Sun Newspaper. To date. we
have received no protests.
Plans have been prepared and after the adoption of the Resolution Ordering
Work. work wi 11 commence.
4-1-91
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RESOLLTIOK NO.
A RESOLlTION OF THE CITY OF SAN BERNARDINO FINDING AND DETER:'INING THAT THE
PUBLIC CONVENIENCE AND NECESSITY REQl;Im: THE PROPOSED INSTALLATION or TRAffIC
SIGNALS AND STREET LIGHTS IN THE AREA OF COMMERCENTER EAST AND HOSPITALITY
LANE, CREATING AN ASSESS~lEr;T ;;lSTR1CT T0 COVER THi: COSTS OF SAID
INSTALLATION, KNOwN AS ASSESSMENT DISTRICT NO. 1004. ORDERING THE wORK AND
THAT THE SPECIAL ASSESSMEI\T, UinSTIGATION AND L1I"ITATlO\ ACT OF 1931 DOES
NOT APPLY.
'.HEREAS, the Mavor and Common er:unc il of the City of San Elemardino
have prelimillarily found that the public interest, convenience, and necessity
require che installation of tr'uffic si~lals and street lighting in a portion
of thE' Cit:, , as more ful h' hereinafter deseri bed, and the appurtellances and
appurtenall1: work and incident" \ costs and expenses in conuection therewith.
that the project is feasiblt'. and that the lands "to be assessed will be aide
to carry the burden of the proposed assessments to pay the costs "nd expenses
thereof: and
WHEREAS, the Mayor nnd Common Council of the City of San Bernardino
have, on the 18th day of March 1991, passed and adopted Resolution No. 91-91
entitled:
RESOLCTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING
THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FOR'.ATIOl( OF A TRAFFIC
SIGNAL AND STREET LIGHTING INSTALLATION ASSESSMENT DISTRICT LOCATED GENERALLY
AT THE INTERSECTION OF COM~lERCENTER EAST AND HOSPITALITY LANE; DECLARlr\G ITS
INTENTION TO PROCEED TO ORDER WORK wITHIN THE DISTRICT. TO BE KNOwN AS
ASSESSMENT DISTRICT NO. 1004; AND SETTING AND DIRECTING PUBLICATION OF NOTICE
OF A TI~E AND DATE OF A Pb~LIC HEARING.
whIch said resolution dui\ and legally was published and notice ur
improvement has been given in the manner required by Chapter 12.90 of the
San Bernardino Municipal Code; and wrhten objedions and prutests to the
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RESOLL1IO~ ORD~NG ~ORK AD 1004
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formation of the proposed district. the work to be done or the extent of the
district to be assessed were heard and considered.
NO~, THEREFORE. BE IT RESOLVED BY THE ~:AYOR AND COMMO~ COLNCIL Of
THE CITY OF SAN BERNARDINO AS FOLLO~S:
SECTIO~ 1. That a full and fair public hearing having been held.
as staLed in the recitals herein, and the Mayor and Common Council, having
heard and considered any and all comments received thereon and being full~~
advised in the premises. hereby overrules anv and all protests received.
SECTIOK 2. That the public eonveni enee and necessity require, and
the Xayor and Common Council of the Ci t~' of San Bernardino hereby declares
that the publ i c interest, convenience. and necessity requires and hereb,~
orders, the formation ot Assessment District No. 1004; the work described in
said Resolution No. 91-91 to be done in portions of Commercenter East and
Hospitality Lane provided in said Resolution and that the Special Assessment.
Investigation dnd Limitation Act of 1931 does not apply.
SECTION 3. The City Clerk hereby is directed to post a Notice for
five da~'s on or near the door of the Council 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 Bernardino Sun. a newspaper published and
circulated in said Cit\".
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RESOLUTIO~ ORD~NG
l
liORI\ AD 1004
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SECTIOi'> 4, The contract \Iii i be awarded pursuant to the standan;
procedures used bv the City in the award of Public liorks contrflcts and the
work orde,'ed hereunder shall be 1:0 the satisfaction of the City Engineer of
said City, and all of s"id work shall be done under rtis direct ion and sha 11
comply with the specifications prepared by' him, and upou the completion ot
said work, the Ci tv Engin"er shall, aud h" herebv is dir'ected to mak" the
assessment:.
SECTION 5, Reference hereby is made to said Reso iution Nr" 91-91
fOl- a descr'iption of tll" work. the extent 01' the assessment district. th~
financing alternatives and for further particulars.
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RESOLUTION ORD~NG WORK AD 1004
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I HEREBY CERTIFY that the foregoing resolution was dul~' adopted b~
t.he
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
following vote, to wit:
Council Nembers:
AYES
NAYS
ABS1AIN
ESTRADA
RULLY
FLORES
~lAUDSLEY
MINOR
POPE - LUDLA~:
:-:ILLER
City Clerk
The foregoing resolution is hereby approved this
. 1991.
, 1991, by
the
day of
lI.i-I. Holcomb, r'.ayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PEN'lAIi,
City Attornev
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"'U~ 7.
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