HomeMy WebLinkAboutR15-Redevelopment Agency
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REDEVELOPMENT~ENCY - REQUEST ~ COMMISSION/COUNCIL ACTION
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fBQM: James E. Robbins, Acting Executive Director
SUBJECT: WEED ABATEMENT AGREEMENT
DATE: July 26, 1988
SvnODsls of Previous Commission/Council Action:
04/20/88 Resolution #5020 authorized execution of Weed Abatement Agreement.
Recommended Motion:
(COMMUNITY DEVELOPMENT COMMISSION)
MOVE TO ADOPT A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN 8ERNARDINO FOR WEED A8ATEMENT SERVICES RELATING TO AGENCY-OWNED PROPERTIES.
(MAYOR AND COMMON COUNCIL)
MOVE TO ADOPT A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN 8ERNARDINO FOR WEED ABATEMENT
SERVICES RELATING TO AGENCY-OWNED PROPERTIES.
~~~
Contact Person: James E. Robbins
Phone: 384-5081
Ward: All
Project: All
Date: August I, 1988
SUDDortlnQ data attached: Yes
FUNDING REQUIREMENTS: $10,000
No adverse ImDact on Cltv: No
Council Notes:
Agenda Item 1--/ S-
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S T A F F R E P 0 R T
The Redevelopment Committee recommends that the Community Development
Commission approve the attached Heed Abatement Agreement.
BACKGROUND
Public Services, throughout the year, Issues notices to the Agency entitled "a
notice to clean premises". In the notice, It Is determined that the property
supports the growth of weed's, dead or dry palm froundS, and grass which are a
nuisance that must be removed or abated. In the past, upon verification that
the property was owned by the Agency, a purchase order was Issued. After the
properties were dlsced and cleared of all debris and combustible materials, an
Inspection was made and the bill submitted by the Finance Department was
processed for payment.
To speed the process along, an agreement was reached where the City provided
or contracted for the service, and Inspected the site to verify that the work
was acceptable, and then Invoiced the Agency. The contract has expired and a
propo'ed agreement Is attached to replace It.
The Cover memo from Dennis Barlow highlights the changes.
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As requested, I "'ave revised the previous agreement and have macilt .: _
the fOllowing change.: (.. __~
1. I have included several recitals to set forth the ~
background ond authority for <he a_to . ~
I have expanded the provisions of the agreement to .~ ~F/IG.61i!3.
cover abatement of other nuisances as allowed by the fi..a c;.t'y-t:::
Municipal Code (e.g. other dead and dry vegetation, ,(
broken fences, rubbish and refuse), and to not trrtr:-.~ J... "
limit the agreement just to weeds. ~--
I have limited the authority of the Executive (OLr;,Q LC1;1
Director to exceed the reimbursement cap to an ~~ 6
additional 85,000. Previously, it was open-ended V
which is not a legal delegation. fir
.
6"ILE COpy
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CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
'1'0: JAMES E. ROBBINS, Acting Executive Director
Redevelopment Agency
FROM: DENNIS A. BARLOW
Sr. Asst. City Attorney
DATE: June 29, 1988
SUBJECT: Weed Abatement Agreement
2.
3.
4. The agreement will continue until terminated in
writing.
~ ....4'. 4~
DENNIS A. BARLOW ~
Sr. Asst. City Attorney
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF
AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR WEED
ABATEMENT SERVICES RELATING TO AGENCY-OWNED PROPERTIES.
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Chairman and Secretary of the Community
Development Commission of the City of San Bernardino are hereby
authorized and directed to execute for and on behalf of the
Redevelopment Agency of the City of San Bernardino an Agreement
between the Redevelopment Agency of the City of San Bernardino
and the City of San Bernardino for weed abatement services
relating to Agency-owned properties, with such non-substantive
changes to said Agreement as may be approved by the Chairman and
Agency Counsel. A copy of said Agreement is attached hereto as
Exhibit "1" and incorporated herein by this as though fully set
forth at length.
Dated:
Approved as to form
and legal content:
AGENCY COUNSEL
By ~~~a0
./ Dennis Barlow
6-28-88
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vote, to wit:
The foregoing resolution was duly adopted by the following
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AYES:
NAYS:
ABSENT or
ABSTAIN:
Members
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AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR WEED
ABATEMENT SERVICES RELATING TO AGENCY-OWNED PROPERTIES
THIS AGREEMENT, made and entered into effective the
day of
, 1988, by and between the CITY OF
SAN BERNARDINO, a municipal corporation, hereinafter "City", and
the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public
body corporate, hereinafter "Agency", constitutes the agreement
of the parties relative to weed abatement services for Agency-
owned properties.
WITNESSETH:
WHEREAS, the City has a responsibility under the San
Bernardino Municipal Code to order and require the removal of
weeds, other dead and dry vegetation, broken fences, rubbish and
refuse from property within the City; and
WHEREAS, if such materials are not removed as ordered City
may perform or have performed such work and assess the cost
thereof as a lien on the property; and
WHEREAS, Agency owns various properties throughout the City
and has need for the removal of weed and other such materials;
and
WHEREAS, the parties hereto have previously entered into an
Agreement dated April 27, 1987, whereby City would abate such
materials on Agency property and bill Agency therefor; and
WHEREAS, such procedure is more efficient and less costly
to both parties than the statutory process.
NOW, THEREFORE, the parties hereto agree as follows:
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1. On any property owned by Agency which has become
ovargrown with weeds and other material so as to require
abatement under the provisions of the San Bernardino Municipal
Code, the Department of Public Services shall be authorized to
provide the necessary abatement services as required, without
advance notification to the Agency.
Prior to actual performance of weed abatement services,
City shall cause to be inspected any Agency-owned property within
the city limits which it believes to be in need of such
abatement. Upon ascertaining that such lot in fact does require
abatement, the City shall proceed to render abatement services,
and shall, promptly after such services, inspect the site to make
certain that the services have been performed in a reasonable
manner. Thereafter, City shall submit a bill to Agency for the
services provided.
2. Agency agrees to pay to City, upon billing from City,
reasonable abatement charges for all Agency-owned property on
which such abatement has been performed. Agency specifically
waives advance notice of such intended action, and the right to a
hearing on such proposed action. Agency consents to the removal
of such material by City. After City has inspected the completed
work, and submitted its bill to Agency, Agency shall reimburse
City for the actual costs of such abatement services. Total
costs under this agreement shall not exceed $5,000 per fiscal
year, without express written approval of the Executive Director
of the Agency. Executive Director is authorized to agree to an
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$1.0,000.
amount greater than $5,000 per year, but not to excee~ a total of
...
E.
3. City shall exercise reasonable ~iligence in notifYing
Agency prior to exceeding the $5,000 maximum agreed to hereunder.
Agency shall not be liable for amounts over the $5,000 limit
unless otherwise agreed in writing in a~vance as specified above.
4. This agreement shall continue in effect unless
terminated by either party in writing thirty (30) days prior to
the effective date of termination.
IN WITNESS WHEREOF, the parties have executed this
agreement effective as of the date and year set forth above.
CITY OF SAN BERNARDINO
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By
By
Evlyn Wilcox, Mayor
Chairman
ATTEST:
By
City Clerk
Approved as to form
and legal content:
~~0
Secretary
Approved as to form and
legal content:
:E~
",/ ......IID1S . Barlow
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO FOR WEED ABATEMENT SERVICES RELATING TO AGENCY-OWNED
PROPERTIES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute for and on behalf of
said City an Agreement between the Redevelopment Agency of the
City of San Bernardino and the City of San Bernardino for weed
abatement services relating to Agency-owned properties, a copy of
which is attached hereto as Exhibit "1", and incorporated herein
by reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing reSolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meting thereof, held on
the
day of
, 1988, by the fOllowing
vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
6-28-88
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0 2/1 The foregoing resolution is hereby appJ;'oved this day
3 of , 1988.
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5 EVlyn Wilcox, Mayor
City of San Bernardino
6 Approved as to form
7 and legal content:
8 ~~)
9 Ci Attorne
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311
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR WEED
ABATEMENT SERVICES RELATING TO AGENCY-OWNED PROPERTIES
THIS AGREEMENT, made and entered into effective the
day of
, 1988, by and between the CITY OF
SAN BERNARDINO, a municipal corporation, hereinafter "City", and
the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public
body corporate, hereinafter "Agency", constitutes the agreement
of the parties relative to weed abatement services for Agency-
owned properties.
WITNESSETH:
WHEREAS, the City has a responsibility under the San
Bernardino Municipal Code to order and require the removal of
weeds, other dead and dry vegetation, broken fences, rubbish and
refuse from property within the City: and
WHEREAS, if such materials are not removed as ordered City
may perform or have performed such work and assess the cost
thereof as a lien on the property: and
WHEREAS, Agency owns various properties throughout the City
and has need for the removal of weed and other such materials:
and
WHEREAS, the parties hereto have previously entered into an
Agreement dated April 27, 1987, whereby City would abate such
materials on Agency property and bill Agency therefor: and
WHEREAS, such procedure is more efficient and less costly
to both parties than the statutory process.
NOW, THEREFORE, the parties hereto agree as fOllOWS:
6-28-88
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1. On any property owned by Agency which has become
ov~rgrown with weeds and other material so as to require
abatement under the provisions of the San Bernardino Municipal
Code, the Department of Public Services shall be authorized to
provide the necessary abatement services as required, without
advance notification to the Agency.
Prior to actual performance of weed abatement services,
City shall cause to be inspected any Agency-owned property within
the city limits which it believes to be in need of such
abatement. Upon ascertaining that such lot in fact does require
abatement, the City shall proceed to render abatement services,
and shall, promptly after such services, inspect the site to make
certain that the services have been performed in a reaSOnable
manner. Thereafter, City shall submit a bill to Agency for the
services provided.
2. Agency agrees to pay to City, upon billing from City,
reasonable abatement charges for all Agency-owned property on
which such abatement has been performed. Agency specifically
waives advance notice of such intended action, and the right to a
hearing on such proposed action. Agency consents to the removal
of such material by City. After City has inspected the completed
work, and submitted its bill to Agency, Agency shall reimburse
City for the actual costs of such abatement services. Total
costs under this agreement shall not exceed $5,000 per fiscal
year, without express written approval of the Executive Director
of the Agency. Executive Director is authorized to agree to an
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$1.0,000.
amount greater than $5,000 per year, but not to exceed a total of
3. City shall exercise reasonable diligence in notifying
Agency prior to exceeding the $5,000 maximum agreed to hereunder.
Agency shall not be liable for amounts over the $5,000 limit
unless otherwise agreed in writing in advance as specified above.
4. This agreement shall continue in effect unless
terminated by either party in writing thirty (30) days prior to
the effective date of termination.
IN WITNESS WHEREOF, the parties have executed this
CITY OF SAN BERNARDINO
agreement effective as of the date and year set forth above.
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By
By
Evlyn Wilcox, Mayor
Chairman
ATTEST:
By
Secretary
Approved as to form and
legal content:
AGENCY COUNSEL
By AAI~_~U/2. A )
/ ~~~ff~1C:"'"
City Clerk
Approved as to form
and legal content:
~~~~)
ty Att ney -
6-28-88
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