HomeMy WebLinkAboutS08-Public Works
. CITY OF SAN BER~RDINokt REQU;~; 90~' ~~~NCIL ACTION
From:
ROGER G. HARDGRAVE
Subject:
Changes to be made in Proposed
Improvements for Industrial
Parkway -- Assessment District
No. 985
Dept:
Public Works/Engineering
Date: 11-08-89
Synopsis of Previous Council action:
10-06-87
12-17-87
Authorization granted to proceed.
Determination made by Environmental Review Committee
that project is exempt from environmental review.
Resolution No. 88-69 adopted authorizing execution of
agrearents for professional services.
Resolutions No. 89-346, 347, 348, 349 and 350 adopted
appointing a public hearing at 9:00 a.m. on 11-6-89.
Public hearing continued to 12-18-89.
03-07-88
09-06-89
11-06-89
Racommended motion:
cc: Marshall Julian
Jim Richardson
Jim Penman
Craig Graves
Andy Green
Adopt resolution.
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Contact person:
Verne ,Nadeau
Staff Report,
Resolution & Map
Phone:
Supporting data attached:
Ward:
5026
6
FUNDING REQUIREMENTS:
Amount: $1,161,557.00
Source: (Acct. No.1 251-659-53925
'I3:>J~ to l. :,>"..J
Acct.Oescri tion Assessment District
Improvement of Industrial Parkwav
Finance:
985 -
t)~
Council Notes:
75-0262
Agenda Item No. S - 8
CITY OF SAN BERNARDINO - REQUEST ~OR COUNCIL ACTION
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STAFF REPORT
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It is neccessary that the report of the Engineer of
Work be modified to include among the improvements certain
storm drainage facilities which have been constructed by the
owner of Parcels 18 through 20 and to credit the assessments
against those parcels for the amount expended by the owner
in constructing those improvements. Bond Counsel advises
that in order to make these changes, it is necessary that a
hearing be scheduled thereon and that notice be published
and mailed to the owners of all parcels in the Assessment
District.
The resolution to be adopted, schedules the hearing
for the December 18 meeting of the Common Council. This
hearing will be conducted concurrently with the protest
hearing which is to be continued to that meeting.
URGENCY CLAUSE: It is imperative that this item be on the meetin! of
November 20, 1989 as the Resolution sets a hearin! aate
of December IW, 19B9 ana requires at least 20 aays notice.
11-08-89
RTA17
75.0264
...n 1 OP 1 IHHT
QOPOSED ASSESSMENT DI~AM
ASSESSMENT DISTRICT NO. 985
INDUSTRIAL PARKWAY IMPROVEMENT DISTRICT
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
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RESOLUTION NO.
ASSESSMENT DISTRICT NO. 985
(Industrial Parkway Improvement District)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO DESCRIBING CHANGES
TO BE MADE IN THE PROPOSED IMPROVEMENTS,
STATING THE AMOUNT OF THE ESTIMATED INCREASE
IN THE COST OF THE IMPROVEMENTS BY REASON OF
SUCH PROPOSED CHANGES, AND GIVING NOTICE OF
THE TIME AND PLACE WHEN AND WHERE ANY
INTERESTED PERSON SAVING ANY OBJECTIONS TO
THE CHANGES PROPOSED TO BE MADE MAY APPEAR
BEFORE THE MAYOR AND COMMON COUNCIL AND SHOW
CAUSE WHY SAID CHANGES SHOULD NOT BE ORDERED
WHEREAS, on September 6, 1989, the Mayor and Common
Council (the "Common Council") of the City of San Bernardino,
California
(the "City"),
adopted Resolution No.
89-346,
the
Resolution of Intention for Assessment District No. 985 (the
"Assessment District"), declaring the intention of the Common
Council,
pursuant
to
the provisions of Division 12 of
the
Streets and Highways Code of the State of California,
the
Municipal Improvement Act of 1913, to order the acquisition and
construction of certain public improvements described therein;
and
WHEREAS, on September 6, 1989, the Common Council
adopted Resolution No. 89-350 confirming the written report of
the Engineer of Work for the Assessment District, setting 9:00
a.m. on October 16, 1989, in the Common Council Chambers on the
main floor of the City Hall of the City at 300 North "0" Street,
San Bernardino, California, as the time and place for hearing
protests to the proposed acquisition and construction of such
improvements, and providing for notice of such hearing to be
given by the City Clerk; and
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WHEREAS, notice of the hearing of protests to the
acquisition and construction of such improvements was duly
posted, published, and mailed, as shown by affidavits presented
to the Common Council, in the manner prescribed by law; and
WHEREAS, at said time and place said hearing was
commenced and continued by the Common Council to November 6,
1989, and on said latter date was again continued by the Common
Council to December 18, 1989; and
WHEREAS, the reason for the continuance of said
hearing is that the Common Council has been advised by the City
Engineer that the written report of the Engineer or Work for the
Assessment District (the "Report"), as preliminarily approved by
Resolution No. 89-350, should be modified to include among the
improvements described therein certain storm drainage facilities
which have been constructed by the owner of Parcel 18,
Parcel 19, and Parcel 20, as identified in the Report, and that
the assessment contained in the Engineer I s Report should be
modified to reduce the assessments on those parcels by the
amount expended by the owner thereof for the construction of
such storm drainage facilities; and
WHEREAS, the Common Council has been further advised
by the City Engineer that as a result of the bids which were
received by the City on September 22, 1989 for the construction
of the improvements proposed to be required and constructed for
said Assessment District, it has been determined based on the
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bid of Riverside Construction Company, the bidder submitting the
proposal resulting in the lowest cost to the City for the
construction of the improvements, that the assessments on all
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1 II parcels in the Assessment District will be reduced below the
II estimated assessments contained in the Report; and
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WHEREAS, the Common Council has been further advised
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by the City Engineer, however, that the effect of the proposed
modifications to the Report and the assessment contained therein
is that the assessments on all parcels of property within the
Assessment District, other than Parcels 18 through 20, will be
reduced by less as a result of the reduction which is to be made
in the amount thereof based on the said low bid for the
construction of the improvements then would be the case if such
modifications were not made; and
WHEREAS, pursuant to Sections l0350 through 10355 of
the Streets and Highways Code, the Common Council may make
changes to the proposed improvements for and the amounts to be
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assessed on parcels in the Assessment District,
but before
ordering any changes which will include additional improvements
or increase the amount of money assessed on parcels of property
within the Assessment District, the Common Council must adopt a
resolution briefly describing the changes proposed to be made,
stating the amount of the estimated increase or decrease in the
cost of the improvements by reason of said proposed changes, and
giving notice of a time and place when and where any interested
person having any objection to the changes proposed to be made
may appear before the Common Council and show cause why said
25 changes should not be ordered, and said resolution must be
26 published pursuant to Section 606l of the Government Code, at
27 least 10 days prior to the date of the hearing, and a copy
28 thereof must be mailed, at least 20 days prior to the date of
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the hearing, to all persons owning real property within the
Assessment District; and
WHEREAS, the Common Council has determined, based on
advice of the City Engineer, that it is necessary that the
modifications to the Report proposed by the City Engineer be
made;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
Section 1. Proposed Changes.
The changes
or
modifications which are proposed to be made to the Report are
(i) the inclusion among the improvements of additional storm
drain improvements, including, two (2) headwalls, catch basins,
a manhole,
and approximately
530
feet of
60-inch diameter
reinforced
pipe,
concrete
100
890
feet
of
42-inch
diameter
reinforced
pipe,
concrete
feet
of
36-inch
diameter
reinforced concrete pipe,
and
60 feet of
3D-inch diameter
reinforced concrete pipe which will increase the cost of the
improvements by approximately $l19,000 and (ii) a credit on the
to be levied on Parcels 18 through 20
assessments
in that
amount.
The effect of such credit will be that the decrease in
21 the amount of the assessments on all other parcels in the
22 Assessment District as contained in the Report, as approved by
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Resolution No. 89-346, as a result of the bid received from
Riverside Construction Company, will be approximately seven (7)
25 percent less than would be the case if such credit on the
26 assessments on Parcels l8 through 20 were not given.
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Section 2. Hearing and Notice Thereof. The time of
28 10:00 a.m. on December l8, 1989, in the Common Council Chambers
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on the main floor of the City Hall of the City of San Bernardino
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2 I at 300 North "D" Street, San Bernardino, California, are
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3 I appointed as the time and place for hearing protests to the
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proposed changes in the Report described herein and when and
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where any interested person having any objection to the changes
proposed to be made may appear before the, Common Council and
show cause why said changes should not be ordered.
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN, that at lO:OO a.m. on
December 18, 1989, in the Common Council Chambers on the main
floor of the City Hall of the City of San Bernardino at 300
North "0" Street,
San Bernardino, California,
the Mayor and
Common Council of the City of San Bernardino will conduct a
hearing on the proposed changes to the Report of the Engineer of
Work
for
Assessment District
No.
985
(Industrial
Parkway
Improvement District), which changes are described in Section 1
above, at which time and place any interested person having any
objection to the changes proposed to be made may appear before
the Common Council and show cause why such changes should not be
ordered.
Written objection to the proposed changes may be filed
23 with the City Clerk by any interested person at any time not
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later than the time set for the hearing.
At the time of the
25 hearing, or at any time to which the hearing may be adjourned,
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the
upon
Common
Council
shall
hear
and
all
pass
such
27 objections.
If no written objections to the proposed changes
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hearing, or if such objections, if any, have been heard and
found by the Common Council to be insufficient, or have been
overruled or denied, immediately thereupon the Common Council by
an affirmative vote of four-fifths of its members shall acquire
jurisdiction to order said changes made. The decisions and
determinations of the Common Council shall be final and
conclusive upon all persons entitled to appeal thereupon to the
Common Council.
Section 3. Notice of Hearing. The City Clerk shall
cause a certified copy of this resolution to be published once
in The Sun, a newspaper of general circulation published and
circulated in the City pursuant to Section 6061 of the
Government Code, at least lO days prior to the date of the
hearing. The City Clerk shall also mail a certified copy of
this resolution to all owners of property within the Assessment
District, at least 20 days prior to the date of the hearing.
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RESOLUTION DESCRIBING CHANGES IN PROPOSED IMPROVEMENTS,
A.D. 985
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I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of San
Bernardino at a regular meeting thereof held on the 20th day of
November, 1989, by the following vote, to wit:
AYES:
Council Members
NOES:
ABSENT:
City Clerk
The foregoing resolution is hereby approved, this
November, 1989.
day of
Mayor, City of San Bernardino
APPROVED AS TO FORM AND
LEGAL CONTENT:
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RTA0563