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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. (}l~ - Contact person: Verne ,Nadeau Staff Report, Resolution & Map Phone: Supporting data attached: Ward: 5026 6 FUNDING REQUIREMENTS: Amount: $1,161,557.00 Source: (Acct. No.1 251-659-53925 'I3:>J~ to l. :,>"..J Acct.Oescri tion Assessment District Improvement of Industrial Parkwav Finance: 985 - t)~ Council Notes: 75-0262 Agenda Item No. S - 8 CITY OF SAN BERNARDINO - REQUEST ~OR COUNCIL ACTION . , '- STAFF REPORT . It is neccessary that the report of the Engineer of Work be modified to include among the improvements certain storm drainage facilities which have been constructed by the owner of Parcels 18 through 20 and to credit the assessments against those parcels for the amount expended by the owner in constructing those improvements. Bond Counsel advises that in order to make these changes, it is necessary that a hearing be scheduled thereon and that notice be published and mailed to the owners of all parcels in the Assessment District. The resolution to be adopted, schedules the hearing for the December 18 meeting of the Common Council. This hearing will be conducted concurrently with the protest hearing which is to be continued to that meeting. URGENCY CLAUSE: It is imperative that this item be on the meetin! of November 20, 1989 as the Resolution sets a hearin! aate of December IW, 19B9 ana requires at least 20 aays notice. 11-08-89 RTA17 75.0264 ...n 1 OP 1 IHHT QOPOSED ASSESSMENT DI~AM ASSESSMENT DISTRICT NO. 985 INDUSTRIAL PARKWAY IMPROVEMENT DISTRICT CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA J --- : ".~ _____ ~ a<7 I ,s/')lfrF N~.v....y ""' r"'J 1$ \ - ,..... " @I -.. @II __H ~' 'M' LEGENO """". PROPOSID DlliTIIICT lOUNOAflY ~ STllHT ...-onlllt:NT @ A......e..T NUM." eu,.M'-M ,,1...OfI"A..CEL NUM8ELII '-. <) IT..IT LIGHT' .----- ...IIIIIAIM ~ "...._.. DlIeCaMI a.tlflCJl,US ITO." D.A" Lilli rw ... .... ..f", .. .. CII" a.to.. .. .. CJl" .. .... -.-.... doh _"""_.1_. 'ALII AWIIIUI aT_IT 'M,.OWIMIIIT. E@ IIIL A.IIIIMINTI ~ co._ .--.. ... I'" ...... .. 'hi .-- .. .."... _IIIC1l" """-' ., 1M CIlI"., is-. -..-.-..... _._..,... __. .._._' ,.... ~~_i1., 01, ......... ...: .......... ......., .. ., ........ ....... MI. .... III .. ...... .. u. . c-t" __.r. .....--- ..,. .. . ,-~ .... ~ .................... ... ----=-. .... 1.1 _' ... _ .....-- ___ _' \ ...__.........,....c-c:....o.-M.. ...01'..... ....--... .. ... ..... ~. ... ,.-., ..... --- .. "" ---" ....... ...--.......-.. .,.... ....:... --... ...._ ... "" --" .... ....r-... 1;'1I;it....... ... ...... .. ~ ~"CIlI, ::r:-: II .... d,. - ._ ..,. II ~. ~-..::.-;-.....:. ~CtI-:f=-:''' ":. ~..:. ": .-II __. --.. ......... .... ~_ II ..... -'- .. Ihh __ -_. If.....-t........------- Cil, CIIIiI o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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 23 24 25 26 27 28 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 -2- Ii II 1 II parcels in the Assessment District will be reduced below the II estimated assessments contained in the Report; and 2 I o o 3 WHEREAS, the Common Council has been further advised 4 5 6 7 8 9 10 11 12 13 14 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 15 16 17 18 19 20 21 22 23 24 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 -3- - o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 23 24 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. 27 Section 2. Hearing and Notice Thereof. The time of 28 10:00 a.m. on December l8, 1989, in the Common Council Chambers -4- o o on the main floor of the City Hall of the City of San Bernardino 1 I 2 I at 300 North "D" Street, San Bernardino, California, are I 3 I appointed as the time and place for hearing protests to the I proposed changes in the Report described herein and when and 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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 24 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, 26 the upon Common Council shall hear and all pass such 27 objections. If no written objections to the proposed changes 28 have been delivered to the City Clerk up to the hour set for the -5- . . . .. o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. III III III III III III III III III III III III -6- . . ... - o o 1 2 3 RESOLUTION DESCRIBING CHANGES IN PROPOSED IMPROVEMENTS, A.D. 985 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: ,/1 -7- RTA0563