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From:
eDept:
atv OF SAN BERNARIN04EQ~T Fdjle~bll;4cfL A~ON
10: 00 A.M. hearing on proposed changes m
ROGER G. HARDGRAVE, Director $llbject: L~oveIlEl1ts and continued protest hearir<
;:,:;.CL-'.-.'..... ~solution Ordering Changes in ~rove-
Public Works/Engineering..._ reI' -E ".; \'~s, Resolution t-bdi~ing and C?onfinnin
',~.": \i'-'- AssesSllEIJ.t, and Resolut~on Awarding Con-
November 28, 1989 struction Contract
AssesSllEIJ.t District No. 985
Date:
Synopsis of Previous Council action:
8-21-89 Adopted Resolution of Intention and Resolution preliminarily
approving Engineer's Report. Protest hearing scheduled for
9:00 A.M. October 16, 1989, and thereafter continued to 10:00
A.M. on December 18, 1989
11-20-89 Adopted resolution describing changes proposed to be made in
improvements and assessment, and scheduling hearing thereon
for 10:00 A.M. on December 18, 1989.
Recommended motion:
1) Adopt the resolution ordering the changes in
the improvements and the assessments on Parcels 18 through 20.
e
2) Adopt the resolution modifying and confirming
the assessment and ordering construction of the improvements.
3) Adopt the resolution awarding the contract for
construction of the improvements.
cc: Marshall Julian, City Administrator
James Penman, City Attorney
Andrew Green, Finance Director
Jim Richardson, Asst. City Adm. Dev.
Craig Graves, City Treasurer
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Signature
Contact person:
Verne J. Nadeau
Phone:
l84-~D26
6
Supporting data attached:
Staff RepOrt. Map
Ward:
FUNDING REQUIREMENTS:
Amount: $1.161.557.00
Source: (Acct. No.1 251-659-53925
Acct. Descri tion
Industria 1
Parkway Improve'll8nt District
. , \ .)'
,~,.-"l(, "', ' / .."--'---
To be recouped tnrouqh sale of 1915 Act bonds.
Finance:
ecouncil Notes:
7$-0262
Agenda Item No.
'1.3
.TY OF SAN BERNA"NO - REQ.ST FOR COUNCIL A.ION
STAFF REPORT
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The Mayor and Common Council will be conducting two
hearings, the first of which will be a hearing on proposed
changes in the improvements to include storm drainage
facilities and a modification of the assessments on Parcels
18 through 20, identified in Engineer's Report, to provide
for a credit on the assessments against those parcels in the
amount of the cost of the construction of the storm drainage
facilities. 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 reaaee~
~less as a result of the reduction which is to be made in
the amount thereof based on the low bid for the construction
of the improvements than would be the case if those
modifications were not made.
The second hearing will be the continued protest
hearing regarding the Assessment ~istrict and the proposed
improvements.
.
At the conclusion of the hearings, the Mayor and
Common Council will consider adoption of the three
resolutions described on the first page of this report.
.
RTA32A
11-28-89
75.0264
PROPOSED ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 985
INDUSTRIAL PARKWAY IMPROVEMENT DISTRICT
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
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(;iII,a.rto
11-28-89
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO ORDERING CHANGES
IN THE PROPOSED IMPROVEMENTS AND IN THE
AMOUNT OF THE ESTIMATED COST THEREOF AND IN
THE ASSESSMENT TO DECREASE THE ASSESSMENTS ON
CERTAIN PARCELS OF PROPERTY, AND APPROVING
MODIFICATIONS IN THE REPORT OF THE ENGINEER
OF WORK TO INCLUDE SUCH CHANGES
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ASSESSMENT DISTRICT NO. 985
(Industrial Parkway Improvement District)
WHEREAS, on September 6, 1989, the Mayor and Common
Council (the "Common Council") of the Ci ty of San Bernardino,
California (the "City"), adopted Resolution No. 89-346, the
Resolution of Intention for Assessment District No. 985 (the
12
13
"Assessment District"), declaring the intention of the Common
14 Council, pursuant to the provisions of Division 12 of the
15
Streets and Highways, Code of the State of California,
the
16 Municipal Improvement Act of 1913, to order the acquisition and
17
construction of certain public improvements described therein:
18 and
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20
21
22
23
24
25
26
27
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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, and the Common Council Chambers on the
main floor of the City Hall of the City at 300 North "D" 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
III
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WHEREAS, notice of the hearing of protests to the
acquisition
and
improvements was
construction
of
such
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
11
12 Assessment District (the "Report"), as preliminarily approved by
13 Resolution No. 89-350, should be modified to include among the
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18
19
20
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22
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24
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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 assess-
ment contained in the 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 acquired and constructed for
the Assessment District, it has been determined based on the bid
of Riverside Construction Company, the bidder submitting the
27 proposal resulting in the lowest cost to the City for the
28
construction of the improvements, that the assessments on all
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parcels in the Assessment District will be reduced below the
estimated assessments contained in the Report; and
WHEREAS, the Common Council has been further advised
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 con-
struction of the improvements than would be the case if such
modifications were not made; and
WHEREAS, pursuant to Sections 10350 through 10355 of
the Streets and Highways Code of the State of California, the
Common Council may make changes to the proposed improvements for
. 15 and the amounts to pe assessed on parcels in the Assessment
16 District, but before ordering any changes which will include
17 additional improvements or increase the amount of money assessed
18 on parcels of property within the Assessment District, the
19 Common Council must adopt a resolution briefly describing the
20 changes proposed to be made, stating the amount of the estimated
21 increase or decrease in the cost of the improvements by reason
22 of said proposed changes, and giving notice of a time and place
23 when and where any interested person having any objection to the
24 changes proposed to be made may appear before the Common Council
25 and show cause why said changes should not be ordered, and said
26 resolution must be published pursuant to Section 6061 of the
27 Government Code, at least 10 days prior to the date of the
. 28 hearing, and a copy thereof must be mailed, at least 20 days
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prior to the date of the hearing, to all persons owning real
1
. property within the Assessment District: and
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3 WHEREAS, on November 20, 1989, the Common Council
adopted Resolution No. 89-469, pursuant to Section 10353 of the
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Streets and Highways Code of the State of California, describing
the changes proposed to made to the Report, stating the amount
of the estimated increase in the cost of the improvements by
reason of said proposed changes, specifying the effect of the
proposed credit on the assessments on Parcels 18 through 20 on
the assessments on all other parcels in the Assessment District,
and giving notice of a time and place when and where any
interested person having any objection to the changes proposed
to be made could appear before the Common Council and show cause
why said changes should not be ordered: and
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15
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WHEREAS, notice of the time and place of said hearing
has been published and mailed as required by Sections 10353 and
of
10354
the
and
Highways
Streets
Code
of
the
State
of
California: and
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WHEREAS, on December 18, 1989, at the time and place
specified therefor in Resolution No. 89-469, the Common Council
conducted said hearing and afforded all interested persons an
opportuni ty to appear and show cause why such proposed changes
should not be ordered: and
WHEREAS, no written objections to the proposed changes
25 were filed with the City Clerk, as required by Section 10355 of
26
27
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the Streets and Highways Code of the State of California, and
the Common Council should order such changes:
III
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
Section 1. Findings. The Common Council finds as
follows:
(a) The proceedings with regard to the proposed
changes to the Report have been conducted in accordance with all
applicable requirements of Chapter 4.5 (commencing with S 10350)
of Division 12 of the Streets and Highways Code of the State of
9 Californial
10 (b)
11 correctl and
12 (c)
13 in the Report
14 made.
All of the foregoing recitals are true and
The changes or modifications proposed to be made
as specified in Resolution No. 89-469 should be
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Section 2. Changes Ordered. The Common Council
orders that the Report be changed and modified (i) to include
among the improvements additional storm drainage improvements,
including, two (2) headwalls, catch basins, a manhole, and
approximately 530 feet of 60-inch diameter reinforced concrete
pipe, 100 feet of 42-inch diameter reinforced concrete pipe, 890
feet of 36-inch diameter reinforced concrete pipe, and 60 feet
of 30-inch diameter reinforced concrete pipe, (ii) to increase
the estimated cost of the improvements by approximately
$119,000, and (iii) to modify the assessment contained therein
to provide for a credit on the assessments to be levied on
Parcels 18 through 20 in the amount of such increase in the cost
of the improvements.
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Section 3. Approval of Modified Report. The Report,
as modified to include the changes ordered by Section 2 hereof,
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as presented to the Common Council at the meeting at which this
3
resolution is adopted, is approved. The Report, as so revised,
4
shall be the Report of the Engineer of Work for all purposes in
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connection with all further proceedings regarding the Assessment
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District.
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8 III
9 III
10 I I I
11 III
12 I I I
13 I I I
14 I I I
15 I I I
16 I I I
17 III
18 I I I
19 III
20 III
III
22 III
23 III
24 I I I
25 I I I
26 III
27 III
28 III
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RESOLUTION ORDERING CHANGES IN PROPOSED IMPROVEMENTS,
A. D. 985
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 18th day of
December, 1989, by the following vote, to wit:
AYES:
Council Members
NOES:
ABSENT:
City Clerk
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17 The foregoing resolution is hereby approved, this
day of
, 1989.
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22 Approved as to form and
legal content:
w. R. Holcomb
Mayor, City of San Bernardino
23 James F. Penman, City Attorney
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BY:~
/
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RTA0569