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HomeMy WebLinkAbout02-Public Works ll_ I ........- CI'fY' OF SAN BERN'ODINO File No. 14.40-68 - REQUEST F~ COUNCIL ACTION From: ROGER G. HARDGRAVE, Director Subject: 10:00 Hearing & Res. Modifying Engr's Rpt.- Denying Protests & Apprv. Engr's Rpt. AD 987 (Verdemont Area Imp. Distr.) Dept: Public Works/Engineering Date: April 29, 1991 Synopsis of Previous Council action: 03-11-91 Adopted Resolution of Intention for Assessment Distr. 987. 03-11-91 Adopted Resolution Setting Hearing for Assessment Distr. 987. 03-11-91 Approved the Preliminary Report of the Engineer of Work. 04-15-91 Adopted Resolution Modifying Engineer's Report. Flecommended motion: 1. That the hearing be closed and find and determine that the public convenience and necessity require the proposed improvement in the Verdemont area. 2. Adopt Resolutions. cc: Shauna Edwins, City Administrator Andrew Green, Finance Director Jim Penman, City Attorney {A~ Contact person: Verne Nadeau Phone: 384-5026 Supporting data attached: staff Report, Map Ward: 5 FUNDING REQUIREMENTS: Amount: S4,005,947.36 Source: (Acct. No.! 251-663-53925 (Acct. Descriotion) To be paid through sale of Bonds Verdemont Area Improvement Distr. Finance: ~ 0 r- Council Notes: 75-0262 Agenda Item No ~ ;-<...--..' 1- _ CITY OF SAN BERN4DINO - REQUEST FOt COUNCIL ACTION STAFF REPORT On March 11 , Intention No. public hearing of work. 1991, the Mayor and Common Council adopted 91-71 and Resolution No. 91-72 setting a time and giving preliminary approval to the Report Resolution of and place for of the Engineer Subsequently it was noticed that certain Tracts within the District had not been properly assessed due to some confusion relative to deposits made by a Subdivider and new Tracts which had just recently been recorded and did not appear in the Report as such. On April IS, 1991, the Mayor and Common Council adopted Resolution No. 91-120 approving the modified Report. As required by the Municipal Improvement Act of 1913, the portions of the streets within the proposed district were posted, notice of improvement was mailed to each of the property owners in the proposed district and notice of the adoption of the Resolution of Intention was published. This is the next formal step in the proceedings. If protests are received which represent more than 50% of the "area" of the district and are not withdrawn before the end of the hearing, all proceedings shall terminate as required by the 1931 Dept Limitation Act unless the protests are against only a portion of the district in which case the remainder can proceed and only that part would terminate. 4-29-91 75-0264 I I I . . , I . I I 1 I II I ! I I I I I I .III _ - i 2 ~ i ... 0 l.J ~ .. ... <II :I is ~. Ii' r . :;:...3 , p~ 0 i~ .. III, I ! ~;:. . -n ~~ ;::; ...; ;! ~ji I 3!:i ! I ;i~ . ::~~ - ::':3 Q~ ~;:;- .~ ~!5 :! '. . ;i ~""! ~ii ::i ~~..;: ,,,'. 0 :l! !:jl1!i]!! ~=5 ..-~'i.~c-~ < · E---> m~~im .d,:ai.... :::~5 ,,~:; ;:~!I::!~ m ~~'~~~ . ~..-t ~: E.:~=I ~=~'!'j~ ~'l;:3 ...,-"_<CQ l;C2'::~ ,i~ l :! . .r . ,i ~ I i i~ j I !'! i:; ! :: ': i .~ :=::; a ii !! ~i j :'" : I ~! ~U) ~~ i " ..3..~..J. ... t :.:lI~Z:; h :: ;:4~:) &~ I j u~;il: :':: . :~:;:::..~ ~!; I ! I I ;: i il~0 i ~ "L-.. g N i" I; ~i ~ ..c- ! .lie:. f II o!! 8 f !c. e !.,. . .c. ~. i 3 u 1: ZZ~': ~ " u ~ I fli1 ~ o o RESOLUTION NO. 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE ENGINEER'S REPORT IN A SPECIAL ASSESSMENT DISTRICT 4 5 6 WHEREAS, the Mayor and Common Council (the "Common 7 Council") of the City of San Bernardino, California, (the 8 "City"), has previously adopted Resolution No. 91-71 (the 9 "Resolution of Intention") on March 11, 1991, pursuant to the 10 provisions of the Municipal Improvement Act of 1913 (the II "Act"), being Division 12 of the Streets and Highways Code of 12 the State of California, for the acquisition of certain public 13 improvements in a special assessment district designated as: 14 ASSESSMENT DISTRICT NO. 987 IS (VERDEMONT AREA) 16 (hereinafter referred to as the "Assessment District"); and 17 WHEREAS, subsequent thereto, the Common Council did, 18 by Resolution No. 91-72 adopted on March 11, 1991 approve the 19 Engineer'S Report in preliminary form as required in the 20 proceedings for the Assessment District, as modified by 21 Resolution No. 91-120 adopted on April 15, 1991; and 22 WHEREAS, prior to the Public Hearing for the 23 Assessment District, the Engineer of Work has modified the 24 scope and extent of the improvements and refined the prices 25 thereof, and at this time an amended assessment roll has been 26 presented showing such modifications and reductions, if any, in 27 the assessments because of the modifications and refinements 28 made; and 3626ap.6 -~ - o o RESOLUTION APPROVING ENGINEER'S REPORT, AS AMENDED 2 3 WHEREAS, the Common Council has determined to approve the assessment roll included in the Engineer's Report as amended and presented at this time. NOW, THEREFORE, the Mayor and Common Council of the City of San Bernardino, do hereby resolve as follows: SECTION 1. The above recitals are all true and 4 5 6 7 8 9 correct. SECTION 2. The Common Council hereby orders and 10 II 12 approves the changes and modifications set forth in the Engineer's Report as amended and presented at this time, constituting refinements made to the scope and extent of the improvements and the cost estimates set forth in the 13 preliminary Engineer'S Report as previously modified, pursuant 14 15 16 17 18 19 ~Section 10352 of the Act. SECTION 3. The Engineer'S Report, the assessment roll, and all related documentation, as so amended, are all for the best interests of the property owners within the Assessment District, and said assessment, as amended and apportioned, is in accordance with the benefits received, and the Engineer's 20 21 22 23 ~ Report, as amended and presented at this time, is hereby determined to be the final Engineer's Report for all subsequent proceedings relating to this Assessment District. SECTION 4. This resolution shall take effect 25 26 27 immediately upon its adoption. 28 / / / / / / / / / -2- 3626ap.7 o o RESOLUTION APPROVING ENGINEER'S REPORT, AS AMENDED ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA) 2 3 I HEREBY CERTIFY that the foregoing resolution was 4 duly adopted by the Mayor and Common Council of the City of San 5 Bernardino at a meeting thereof, held on 6 , 1991, by the following vote, to wit: the _ day of 7 8 Council Members: au;.5. NAYS. ABSTAIN 9 ESTRADA 10 REILLY II HERNANDEZ 12 MAUDSLEY 13 MINOR 14 -roPE-LUDLAM 15 MILLER 16 17 18 City Clerk 19 The foregoing resolution is hereby approved day of , 1991. this 20 21 W.R. Holcomb, Mayor City of San Bernardino 22 Approved as to form and legal content: 23 24 25 26 27 James F. Penman :~, / / / / / / 28 -3- 3626ap.8 - - o o RESOLUTION NO. ____ 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO OVERRULING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS IN A SPECIAL ASSESSMENT DISTRICT " 5 6 WHEREAS, the Mayor and Common Council (the "Common 7 Council") of the City of San Bernardino California, (the 8 "City") has, by Resolution No. 91-71 adopted on March 11, 1991 9 (the "Resolution of Intention"), declared its intention to 10 order the acquisition of certain public improvements, pursuant " to the terms and provisions of the Municipal Improvement Act of 12 1913 (the "Act"), being Division 12 of the Streets and Highways 13 Code of the State of California, in a special assessment I" district designated as: 15 16 ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA) 17 (hereinafter referred to as the "Assessment District"); and 18 WHEREAS, the Common Council in and by said resolution 19 referred said proposed improvements to the Engineer of Work of 20 21 22 23 the Assessment District, and directed said Engineer of Work to make and file with the City Clerk a report in writing containing the matters specified in Section 10204 of the Streets and Highways Code which report was thereafter filed on 24 March 11, 1991, and was preliminarily approved by the Common 25 Council by Resolution No. 91-72, adopted by the Common Council 26 27 on March 11, 1991 and said report was modified by Resolution No. 91-120 adopted by the City Council on April 15, 1991, and 28 the Common Council fixed 10:00 o'clock A.M. on Monday, May 20, 3626ap. 10 o o RESOLUTION OVERRULING AND DENYING PROTESTS 1991, at the Council Chambers, City of San Bernardino, 300 2 North "0" Street, San Bernardino, California 92418, as the time 3 4 5 6 7 8 9 10 II 12 13 and place for hearing of protests to said proposed improvements, and provided notice of said hearing; and WHEREAS, the City Clerk has filed with the Common Council an affidavit setting forth the time and manner of compliance with the requirements of law for publishing, posting and mailing notices of the adoption of said Resolution of Intention and of the filing of said report and of the time and place for hearing protests to said proposed improvements, or to the extent of the Assessment District or to the proposed assessment; and the Common Council hereby finds this notice of the adoption of said Resolution of Intention and of the filing 14 ~said report and of the time and place for hearing protests 15 to said proposed improvements, or to the extent of the 16 Assessment District or the proposed assessment has been 17 18 19 20 21 22 23 ~ 25 26 27 28 published, posted and mailed in the time, form and manner required by law; and WHEREAS, said public hearing was duly convened by the Common Council at the time and place set therefor; and WHEREAS, said pUblic hearing was continued to 7:30 p.IO. on Monday June 10, 1991 at the Council Chambers, City of San Bernardino, 300 North "0" Street, San Bernardino, California; and WHEREAS all protests and objections were presented to the Common Council and duly heard and considered, and all matters as to the boundaries of the Assessment District, the -2- 3626ap.11 o o RESOLUTION OVERRULING AND DENYING PROTESTS improvements to be acquired, the method and formula of the 2 assessment spread and the finding of benefits received by the 3 respective properties assessed for the proposed improvements 4 and the apportionment of said benefits were heard and 5 6 7 8 9 10 " 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 W considered; and WHEREAS, the Common Council found and determined that protests against said proposed improvements were not made by the owners of more than one-half of the area of the land in said Assessment District to be assessed for said proposed improvements. NOW, THEREFORE, the Mayor and Common Council of the City of San Bernardino do hereby resolve as follows: SECTION 1. The above recitals are all true and ~rect. SECTION 2. The public hearing on the Assessment District is hereby closed. SECTION 3. All protests and objections of every kind and nature be, and the same hereby are, overruled and denied, and it is determined that said protests and objections are made by the owners of less than one-half (1/2) of the area of property to be assessed for said public improvements within the Assessment District. SECTION 4. Is hereby further determined that all properties within the boundaries of the Assessment District receive a local and direct benefit from the works of improvement as proposed for said Assessment District, and it is hereby further determined and declared that all assessable -3- 3626ap.12 o o RESOLUTION OVERRULING AND DENYING PROTESTS 2 3 4 5 6 7 8 9 10 " 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 ~ costs and expenses have been apportioned and spread over the properties within the boundaries of the Assessment District in direct proportion to the benefits received thereby. SECTION 5. The method of spread and apportionment of all costs, as contained in the amended Engineer's Report described in the Resolution previously approved on the date hereof is hereby approved and adopted as being a correct and proper apportionment and distribution of all assessable costs for said public improvements. SECTION 6. This resolution shall take effect immediately upon its adoption. I I I ~ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I -4- 3626ap.13 o o RESOLUTION OVERRULING AND DENYING PROTESTS ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA) 2 3 I HEREBY CERTIFY that the foregoing resolution was 4 duly adopted by the Mayor and Common Council of the City of San 5 Bernardino at a meeting thereof, held on 6 the day of , 1991, by the following vote, 7 to wit: 8 Council Mem);IlUli: ABSTAIN ~ ~ 9 ESTRADA 10 REILLY II HERNANDEZ 12 MAUDSLEY 13 MINOR 14 !?OPE-LUDLAM 15 MILLER 16 17 18 City Clerk 19 20 The foregoing resolution is hereby approved this day of , 1991. 21 22 23 W.R. Holcomb, Mayor City of San Bernardino 24 Approved as to form and legal content: 25 26 27 28 James F. Penman City Attorney ~ -5- 3626ap.14 o o RESOLUTION NO. 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE ASSESSMENT, APPROVING THE ENGINEER'S REPORT AND DESIGNATING THE TREASURER TO COLLECT AND RECEIVE MONEY 4 5 6 WHEREAS, the Mayor and Common Council (the "Common 7 Council") of the City of San Bernardino, California (the 8 "City") adopt its Resolution of Intention No. 91-71 (the 9 "Resolution of Intention"), on March 11, 1991, for the 10 acquisition of certain public improvements in a special " assessment district designated as : 12 13 ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA) 14 15 16 -rnereinafter referred to as the "Assessment District"); and WHEREAS, pursuant to the Resolution of Intention, an 17 Engineer's Report, as therein provided, was presented, 18 considered and approved; and 19 WHEREAS the Mayor and Common Council of the City 20 21 22 23 24 adopted Resolution No. 91-120 on April 15, 1991 preliminarily approved the Engineer's Report, as modified; and WHEREAS, the Engineer's Report, as preliminarily approved and now presented in amended and final form (the "Engineer's Report"), does contain all the matters and items 25 called for by law pursuant to the provisions of the Municipal 26 27 Improvement Act of 1913 (the "Act"), being Division 12 (commencing with Section 10000) of the Streets and Highways 28 Code of the State of California, including the following: , 3626ap.16 J1 o o RESOLUTION CONFIRMING ASSESSMENT; APPROVING ENGINEER'S REPORT; DESIGNATING OFFICIALS 2 3 1. A general description of the public improvements to be included in the Assessment District; 4 2. Plans and specifications of the proposed 5 improvements; 6 3. Estimate of cost; 7 4. Diagram of Assessment District; 8 An assessment for the improvements according to 5. 9 benefits; and 10 A provision for maximum annual assessments for 6. II administration of the Assessment District. 12 WHEREAS, the Common Council fixed 10:00 o'clock A.M. 13 on Monday, May 20, 1991 at the Council Chambers, 300 North "D" 14 Street, San Bernardino, California 92418 as the place, date and 15 time for a public hearing on the proposed improvements; and 16 17 18 WHEREAS, notices of said public hearing were duly and regularly posted, mailed and published in the time, form and manner required by law and as evidenced by affidavits on file 19 with the transcript of these proceedings; and 20 WHEREAS, said public hearing was continued to 21 22 23 7:30 p.m. on Monday June 10, 1991 at the Council Chambers, City of San Bernardino, 300 North "D" Street, San Bernardino, California; and 24 WHEREAS, all protests have been heard and considered, 25 and a full hearing has been given, all in the manner provided 26 27 by law; and WHEREAS, the owners of more than one-half (1/2) of the 28 area being assessed for the cost of the proposed improvements -2- 3626ap. 17 J. o o RESOLUTION CONFIRMING ASSESSMENT; APPROVING ENGINEER'S REPORT; DESIGNATING OFFICIALS 2 did not file written protests against the proposed 3 improvements, and the Common Council did, after providing a 4 full hearing and, to the extent such were received, overruled 5 and denied all protests and objections; and 6 WHEREAS, the Common Council is now satisfied with the 7 assessment and all matters contained in the Engineer's Report 8 as now submitted. 9 NOW, THEREFORE, the Mayor and Common Council of the 10 City of San Bernardino do hereby resolve as follows: II SECTIOH-l. The above recitals are all true and 12 correct. 13 SECTION 2. The Engineer's Report, including the 14 assessment and diagram for the improvements, together with 15 appurtenances and appurtenant work in connection, is hereby 16 approved and the assessment contained therein is hereby 17 conf i rmed. 18 SECTION 3. The public interest and convenience 19 require the proposed improvements to be acquired, and therefore 20 it is hereby ordered that the work be done and the improvements 21 constructed and acquired in the Assessment District, as set 22 forth in the Resolution of Intention previously adopted and as 23 set forth in the Engineer's Report previously presented and 24 considered. 25 26 27 ~~N 4. The assessment contained in the Engineer's Report is hereby levied upon the respective subdivisions of land in the Assessment District as set forth in the Engineer's 28 Report. -3- 3626ap. 18 ~ o o RESOLUTION CONFIRMING ASSESSMENT; APPROVING ENGINEER'S REPORT; DESIGNATING OFFICIALS 2 SECTION 5. The Engineer of Work shall forthwith 3 deliver to the Superintendent of Streets said assessment, 4 together with the diagram attached thereto and made a part 5 thereof, as confirmed, with his certificate of such 6 confirmation attached and the date thereof; and the 7 Superintendent of Streets shall then immediately record said 8 diagram and assessment in his office in a suitable book to be 9 kept for that purpose and attach thereto his certificate of the 10 date of such recording. II SECTION 6. The Superintendent of Streets, upon the 12 recording of the diagram and assessment, is hereby directed to 13 mail to each owner of real property within the Assessment 14 District at his last known address, as the same appears on the 15 tax rolls of the County of San Bernardino or is on file with 16 the City Clerk of the City, or to both addresses if said 17 address is not the same, or to General Delivery when no address 18 so appears, a statement containing a designation by street 19 number or other description of the property assessed sufficient 20 to enable the owner to identify the same, the amount of the 21 assessment securing such series of bonds, the time and place of 22 payment thereof, the effect of failure to pay within such time, 23 and a statement of the fact that bonds will be issued on unpaid 24 assessments pursuant to the Improvement Bond Act of 1915. 25 SECTION 7. The Treasurer is hereby designated to 26 collect and receive the money paid pursuant to said Assessment 27 as herein confirmed. The Superintendent of Streets is hereby 28 ordered and directed to give notice by publishing a copy of a -4- 3626ap.19 .J.. 4 o o RESOLUTION CONFIRMING ASSESSMENT, APPROVING ENGINEER'S REPORT; DESIGNATING OFFICIALS 2 notice of recording of assessment in The Sun, once a week for 3 two successive weeks, giving notice that said assessment has 4 been recorded in his office, and that all amounts assessed 5 thereon are due and payable immediately, and that the payment 6 of said amount is to be made within thirty (30) days after the 7 date of recording the assessment, which date shall be so stated 8 in said notice, and of the fact that securities will be issued 9 upon unpaid assessments. 10 SECTION 8. Upon confirmation of the assessment and 11 recordation of the assessment roll and diagram, a certified 12 copy of the assessment diagram shall be immediately filed in 13 the office of the County Clerk and Recorder of the County of 14 San Bernardino. Immediately thereafter, a copy of the Notice 15 of Assessment shall be completed and recorded in the office of 16 the County Clerk and Recorder in the County of San Bernardino 17 in the manner and form as set forth by law and specifically 18 Section 3114 of the Streets and Highways Code of the State of 19 California, whereupon said assessment shall become a lien upon 20 the land on which it is levied, pursuant to the Act. 21 22 23 24 25 26 27 SECTION 9. This resolution shall take effect immediately upon its adoption. / / / / / / / / / / / / / / / / / / -5- 3626ap.20 28 :1 o o RESOLUTION CONFIRMING ASSESSMENT, APPROVING ENGINEER'S REPORT; DESIGNATING OFFICIALS 2 ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA) 3 , , 4 I HEREBY CERTIFY that the foregoing resolution was 5 duly adopted by the Mayor and Common Council of the City of 6 San Bernardino at a meeting thereof, held on 7 the day of , 1991, by the following vote, 8 to wit: 9 10 Council Members: ~ ~ ABSTAIN II ESTRADA 12 REILLY 13 HERNANDEZ 14 MAUDSLEY 15 MINOR 16 POPE-LUDLAM 17 MILLER 18 19 20 City Clerk 21 The foregoing resolution is hereby approved this day of , 1991. 22 23 W.R. Holcomb, Mayor City of San Bernardino 24 Approved as to form and legal content: 25 26 27 James F. Penman ~ By ~ 28 -6- 3626ap.21 '- '\ ~ \ .<P~~ -' >,< ," 'LOO ~. \ @ ~-- -!.lt~ \ ~ \ \ ~ \ ,n:.~-",,"'" e .."".'JV,n .~ i @ ,"'./f"~ t3+i ~ It. :t: ..~t...--..=!_ ~~ (t: IR8.L ASSESSMENT DlsmlCT NO. 987 VEROEMOflT AREA IMPROVEMENT DISTRICT IOl'lhe CITY Of' SAN BERNARDINO ...L-___ .} ~ @) ,.,,,-~'... c........"'........__,c...""_ .~ !~ .; .~ ~ II>I .W ' f/EARR.EAN SCALE I'. 200' ~2"--:r-~,=--"'" ~ALID PR~TE~;:~ ' ~ r cB~'J:(^-', .'A.~'" , . '" '....~'Iii" lSIiUiJi I VACANp ~.N'L V~RI'euS STAGES OF DEVeLOPl'lTl!NT I ~ - .~,"~ ....'''''''' . This is intended to be a duplicate of the map shown by Mr. and Mrs. Howell Estes at the meeting. It was produced by Deputy City Clerk Vale by copying from the Estes' map. Therefore, it may not be an exact duplicate. \-." ..', @ "..,.,w.... @ e.'.;_,.,,~. e ~';"'a'.N ...... t MODEL HOMES -" - N_,~".,.,." e "C"~"-""'.7 @ ....,~,.,'>i1 @ sa~JS S ,"-'.i,~r.. '" SJ.! @2l~.., ;;;:.. 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