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CITY OF SAN BERNCRDINO - REQUEST .oR COUNCIL7 ACTION
From:
ROGER G. HARDGRAVE, Director
Subject:
Authorization to Proceed: Street
Widening, Chapter 12.92.010(E)
Municipal Code.
Dept:
Public WorksjEngineering
Date: September 10, 1992
Synopsis of Previous Council action:
August 1, 1991 -- The Mayor and Common Council adopted Ordinance No. MC-796
providing for removal of existing improvements and constructing new improvements
to match adjoining parcels.
Recommended motion:
(1). That the Director of Public Works/City Engineer be authorized and directed to initiate
proceedings for the removal and installation of necessary off-site improvements under the
provisions of Chapter 12.92.010(E) of the Municipal Code on the following described parcels
of land: 136-193-27; 134-053-07; 136-021-23; 136-021-24; and that assessments in excess of
$50.00 therefor, if any, will be collected in annual installments, not exceeding three
years, on the respective County Tax Bills and that such installments will bear interest at
the rate of 7% per annum on the unpaid balance.
(2). That the City absorb the incidental costs pertin~h~~'
cc: Shauna Clark, City Administrator ~ ~
Fred Wilson, Acting Director of Finance I at e
Contact person:
Kelley Poole
Phone:
384-5476
Supporting data attached:
Staff Report
Ward:
1,3
FUNDING REQUIREMENTS:
Amount:
$ 2,500.00
(Assessment proceedings)
Source: (Acct, No.)
251-???-53925 (Tax bill assessments)
be recouped through
(Acct. Descriotionl
tax bill assessments.
Chapter 12.92.035 - Street Widening to
Finance :
Council Notes:
75-0262
Aaenda Item No. 7
_....l
CITY OF SAN BERNODINO - REQUEST FUI COUNCIL ACTION
STAFF REPORT
The property(s) in question are located on the north side of Mill Street at
"D" Street; on the south side of Sixth Street between "G" and "H" Streets;
and on the south side of Rialto between "E" and "F" Streets; and will
require the construction of curb. gutter, paving, sidewalk, catch basin,
driveway approach(s). or combinations thereof. All have been checked and
are within the 300 foot maximum as required by Ordinance No. MC-796.
The estimated cost is anticipated to be $75.600.00. If the property
owner(s) choose not to do the work. then the construction will go to bid for
an outside contract or be done by the Public Services Department if their
work load permits. We will not know however, who will be doing the work
until after the property owners involved have been notified to make the
improvements and have been given the opportunity to decide who will do the
work.
Due to the low overall cost, we recommend that the City upfront the contract
cost, if necessary, and that the owners have three years in which to pay the
assessment on their respective tax bills. The three year time limit was
determined based on the authorization given for the first phase of these
Chapter 12.92 (which is tied to Chapter 27 of the Improvement Act of 1911)
assessment projects.
Due to an action taken on the 1984-1 project in which the City absorbed the
incidental costs pertinent to the project, you may want to consider taking
the same action on this project. If so, then adopt Motion (2) also.
Section 5895 of Chapter 27 allows us to collect a maximum of 7% per annum
interest on the unpaid balance which will be done if you so desire, however,
we can only allow annual installments on assessments which are over $50.00.
Ordinance No. MC-796 provides that "None of the costs for street widening
shall be paid by the City."
'5-0264
- 2 -
~-l_
o
CITY OF SAN BERNARDINO
o
MEMORANDUM
.
-
To
SHAUNA CLARK, City Administrator
From
ROGER G. HARDGRAVE, Dir of
Pub. Wrks./City Engr.
Subject
Conflicting statements in staff report/
Agenda Item No.7, Motion (2) for meeting of
0epLemoer L1. 1~~4.
Date
September 18, 1992
File No. 14.40-98
Approved
Date
Attached. please find a copy of San Bernardino City Ordinance No. MC-796
which ~Olends S.B.M.C. Section 12.92.010 by adding Paragraph E which enables
certain qualifying street widening/curb alignment projects of this nature
to be done under the statutes and procedures set forth by Division 7 of the
Streets and Highways Code, titled "The Improvement Act of 1911." which are
adopted as ld" by Chapter 12.92 of the S.B.M.C.
Section 3. of MC-796 states that "None of the costs for street widening
shall be paid by the city.". The "costs" referred to in this section were
interpreted by staff to be those costs incurred for the actual construction
of cm'bs, gutter, etc., and the intent was to exclude these construction
',osts from the 50% Citv contribution offered in other programs done under
the provisions of Chapter 12.92.
Other costs incurred that "re incidental to the project, such as the cost
of preparing pldns. blueprinting charges, city forces labor, engineering,
and inspection have been dbsorbed by the City in the past on other Chapter
12,92 projects, ther'efore. if the Mayor and Council elect to follow the
same dction taken in the past, dnd said action is legally permissable,
please adopt motion 2.
ROGER G, HARDGRAVE
Dir. of Pub. Wor'ks/City Engr.
,~, /j
tj)liJij:~/ tL~~
KELLEY J, tBl:JOLE
Real Property Specialist
Ri;H:kjp
~\t-tach
CC: ,],llneS F. Penman, City Attorney
PRIDE .I
~~~_PR~ESS
-tic- -;'
-'
o
.:)
1
ORDINANCE NO. MC-796
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
12.92.010 AND ADDING SECTION 12.92.035 TO THE SAN BERNARDINO
3 MUNICIPAL CODE TO REQUIRE STREET WIDENING TO MATCH ADJOINING
WIDENED SECTIONS.
4
5
THE MAYOR AND COMMON COUNCIL
BERNARDINO DO ORDAIN AS FOLLOWS:
OF
THE CITY OF
SAN
6 SECTION 1: Section 12.92.010. of the San Bernardino
7 Municipal Code is amended by adding Paragraph E, to read as
8 follows:
9
"E. This chapter shall apply to the removal of existing
10 curbs and gutters, and construction of new curbs and gutters and
11 fill-in street paving, as required to match adjoining curb
12 alignments, for parcels with a frontage of less than 300 feet."
13
14
15
16
17
18
SECTION 2: Section 12.92.035 is hereby added to the San
Bernardino Municipal Code to read as follows:
"A. For ,any lot with a total frontage of less than 300
feet on a public street where that lot I s existing curbs and
gutters do not match adjoining sections, the owner of such lot
shall remove the existing curbs and gutters and other appurtenant
19 improvements in conflict and shall construct new curbs and
20 gutters and other appurtenant improvements which are aligned with
21 the adjoining sections. For corner lots, the parcel on the other
22 side of the intersecting street shall be considered as an
23 adjoining section.
24 These improvements will be required only if the existing
25 dedicated right-of-way for street and highway purposes will
26 accommodate the relocation of the curbs and gutters, except for
27 minor amounts required to allow construction of standard handicap
28 ramps at intersections.
5-7-91
_,-1
\
Ii nR.D:
MC-796
l"'\J..l.t.;..OIjL~ .:ll:.I.-.L.l..UU -I."-.)....v~\"I ....0 ...--'--'...-....... '-'~---_.'
TO SEw~ RELATING TO STREET WIDENFn SECTIONS.
... ~ . ~ w . ~ ~ _
1 B. When the Director of Public Works/City Engineer finds
2 any such improvements adjoining any lots or portions of lots.
3 that need to be widened to match adjoining sections, the Director
4 of Public Works/City Engineer shall notify the owners of the
5 property to remove the existing improvements and construct new
6 improvements, in conformance with the remainder of the block."
7 SECTION 3. None of the costs for street widening shall
8 be paid by the City.
9////
10 / / / /
11 fill
12 / / / /
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14 till
15 / / / /
16 / / / /
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20 / / / /
21 / / / /
22 / / / /
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25 / / / /
26 / / / /
27 / / / /
28 / / / /
- 2 -
_..J.
o
o
"vrtiJ, ,,,..JEI,O:I-lG SECTION 12.92.810 AND ADDING SECT:m; :2.92.035
TO S~ RELATING TO STREET WIDEN' SECTIONS.
MC-796
\
.
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I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the
~da:y of
July
1991, by the following vote, to-wit:
Council Members:
AYES
NAYS
ESTRADA
x
REILLY
x
HERNANDEZ
x
MAUDSLEY
x
MINOR
x
POPE-LUDLAM
x
MILLER
x
ABSTAIN
C(~~
City Clerk
The foregoing ordinance is hereby approved this ;(,
)
-' // )
.--:;::-: "/ / /
",~~?/,." .'.'
'w R.
City of
day of
July
, 1991.
Approved as to form
and legal content:
James F. Penman
City Attorney
/)
/'
fer~.,
By
- 3 -
olcomb, M or
SaIi Bernardino
-....
o
o
~le 14.40-~ ,p.
R COUNCIL ACTION
t;ITt OF SAN BERN~RDINO - REQUEST r
From:
ROGER G. HARDGRAVE. Director
Subject:
Authorization to Proceed: Street
Widenin~, Chapter 12.92.010(E)
Municipal Code.
Dept:
Public Works/Engineering
Date: September 10. 1992
Synopsis of Previous Council action:
August 1, 1991 -- The Mayor and Common Council adopted Ordinance No. MC-796
providing for removal of existing improvements and constructing new improvements
to match adjoining parcels.
Recommended motion:
(1). That the Director of Public Works/City Engineer be authorized and directed to initiate
proceedings for the removal and installation of necessary off-site improvements under the
provisions of Chapter 12.92.010(E) of the Municipal Code 'J', the following described parcels
of land: 136-193-27; 134-053-07; 136-021-23: 136-021-24; ,,,,d that assessments in excess of
S50.00 therefor, if any. will be collected in annual instdllments, not exceeding three
vears. on the respective County Tax Bill s and that such ins tallments will bear interest at
the rate of 7% per annum on the unpaid balance.
(2). That the City absorb the incidental costs pertinent to this project.
cc: Shauna Clark, City Administrator
Fred Wilson, Acting Director of Finance
Signature
Contact person:
Kelley Poole
Phone:
384-5476
Supporting data attached:
Staff Report
FUNDING REQUIREMENTS:
Amount:
S 2,500.00
Ward:
(Assessment proceedings)
1,3
Source: IAcct, No.!
251-???-53925 (Tax bill assessments)
be recouped through
(Acct, DescriPtion)
tax bill assessments.
Chapter 12.92.035 - Street Widening to
Finance:
Council Notes:
1_
elfV' OF SAN BERN~~DINO
o
- REQUEST F R COUNCIL ACTION
STAFF REPORT
The property(s) in question are located on the north side of "ill Street at
"D" Street; on the south side of Sixth Street between "G" and "H" Streets;
and on the south side of Rialto between "E" and "F" Streets; and will
require the construction of curb. gutter. paving, sidewalk. catch basin.
driveway approach(s). or combinations thereof. All have been checked dnd
are within the 300 foot maximum as required by Ordinance No. MC-796.
The estimated cost is anticipated to be 575.600.00. If the property
owner(s) choose not to do the work. then the construction will go to bid for
an outside contract or be done by the Public Services Department if their
work load permits. We will not know however. who will be doing the work
until after the property owners involved have been notified to make the
improvements and have been given the opportunity to decide who will do the
work.
Due to the low overall cost. we recommend that the City upfront the contract
cost, if necessary, and that the owners have three years in which to pay the
assessment on their respective tax bills. The three year time limit was
determined based on the authorization given for the first phase of these
Chapter 12.92 (which is tied to Chapter 27 of the Improvement Act of 1911)
assessment projects.
Due to an action taken on the 1984-1 project in which "he City absorbed the
incidental costs pertinent to the proiect, you may "",..t to consider taking
the same action on this project. If so. then adopt Me"ion (2) also.
Section 5895 of Chapter 27 allows us to collect a max;,mum of 7% per annum
interest on the unpaid balance which will be done if you so desire, however.
we can only allow annual installments on assessments which are over 550.00.
Ordinance ~o. "C-796 provides that "None of the costs for street widening
shall be paid by the City."