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File No. 8.09-13
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
" '- L'.-t,GHlSUblect: Protest Hearing & Confirmation
of Assessments -- Underground
Utility District No. 13 --
Downtown. from 3rd Street to
5th St. and 1-215 to Waterma~n
Avenue ___ ~
Synopsis of Previous Council action: . I
11-20-84 -- Resolution No. 84-449 adopted noticing a public hearing
for the formation of an underground utility district in
the Downtown area. and setting the date of December 3.
1984 for said hearing.
12-03-84 -- Resolution No. 84-503 approved. creating Underground
Utility District No. 13. between Third Street and Fifth
Street and between Waterman Avenue and 1-215.
03-07-88 -- Engineer's Report of costs for a portion of Underground
Utility District No. 13 approved. and a public hearinq
set for 3-21-88 to hear protests on proposed assessments.
From:
ROGER G. HARDGRAVE
Public Works/Engineering!
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Dept:
Date:
2-19-88
Recommended motion:
1. That the public hearing. to hear protests on the
proposed assessments for conversion of electrical
services within the Downtown Underground Utility
District No. 13. as set forth in the Engineer's
Report dated 2-11-88. be closed.
2. Adopt Resolution.
cc: Ray Schweitzer
Warren Knudson
Jim Penman
Wayne Overstreet
. Contact person:
Lewis E. Little
Phone:
5328
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Supporting data attached:
Staff Report & Resolution
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No._.20(
J.
CI'II f OF SAN BERNARD~_JO - REQUL.JT FOR COUNCIL AC..ON
STAFF REPORT
Page 1 of 2
Rule 20-A of the Public Utilities Commission requires
Southern California Edison to set aside a certain percentage of
their receipts to be used to cover the costs of undergrounding
their facilities, within districts established by local agencies.
The Downtown Underground Utility District No. 13, was
established by Resolution No. 84-503, adopted on 12-03-84, as
authorized by Chapter 13.36, "Underground Utilities," of the
San Bernardino Municipal Code. This resolution stated that the
undergrounding was to be completed by 12-31-86.
Edison had conduits and vaults installed to replace their
aerial facilities. This work included stubbing out a conduit to
each parcel. Each property owner is responsible for conversion
of the electrical service from aerial to underground, and ex-
tending a conduit to join the one stubbed out by Edison.
Property owners within the district were notified by the
following transmittals, as provided in Sub-section 13.36.090,
of the need to convert their services:
1. Letter dated 10-20-86, with copy of Resolution No.
84-503, Chapter 13.36, and standard drawing.
2. Letter of 1-15-87.
Copies of these letters are attached for reference.
Property owners were notified by these letters of the necessity
to convert their services; also, that if such work is not com-
pleted within 30 days, the City will proceed to convert their
services and assess the costs on their parcels.
A notice was also sent to all property owners by letter
dated 11-14-84, from the City Clerk, that a public hearing had
been set for 12-03-84 to consider formation of an underground
utility district.
The majority of property owners had the necessary work
done. However, it was necessary for the City to have the work
accomplished for those parcels which the owners had failed to
do. An attempt was made to have the conversion done by
contract, which proved unsuccessful. The work was done by
Street Lighting Electricians from the Public Buildings Division,
and temporary personnel.
An Engineer's Report was prepared to show the costs
incurred by the City. This report was approved at the Council
Meeting of 3-07-88, and a hearing fixed for 10:00 a.m., 3-21-88.
Notice was given in writing to the property owners of all parcels
2-19-88
75-0264
CI.....V OF SAN BERNARDI~O - REQUkST FOR COUNCIL AC"tION
STAFF REPORT
Page 2 of 2
to be assessed, as provided in Paragraph E, Sub-section 13.36.090.
These notices specified the time and place of the hearing to con-
sider the Engineer's Report and hear protests against such assess-
ments.
The preliminary estimated cost for undergrounding Edison's
facilities was $1,152,500. This cost was to be borne equally by
the Rule 20-A funds set aside by Edison for the County and City
of San Bernardino.
We recommend that the hearing be closed and assessments
confirmed.
2-19-88
75-0264
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CITY OF gA~'F~ERN ARD IN 0 300 NORTH "0" STREET. SAN BERNAROINO. CALIFORNIA 92418
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EVLYN WILCOX
Mayor
Members of the Common Council
Esther Estrada. . . . . . . . . . . . . First Ward
Jack Reilly. . . . . . . . . . . . . . Second Ward
Ralph Hernandez. . . . . . . . . . . Third Ward
Steve Marks. . . . . . . . . . . . . Fourth Ward
Gordon Qulel . . . . . . . . . . . . . Fifth Ward
Dan Frazier . . . . . . . . . . . . . . Sixth Ward
Jack Strickler . . . . . . . . . . . .Seventh Ward
October 20, 1986
File No. 8.09-13
Re: Underground Utilities
Dear Sir:
Notice is hereby given that pursuant to San Bernardino
Municipal Code, Seeton 13.36.090, and action of the Mayor and
Common Council of the City of San Bernardino, you are hereby
notified that you must construct, or cause to be constructed,
certain improvements to that portion of your property known
as Assessor's Parcel #0135-191-11, 13, 14, which fronts on
Sierra Way in the following manner, to wit:
All overhead utility facilities within Under'ground
Utility District #13 (electrical, telephone, TV
cable) will be taken out of service by 11-20-86.
Each property owner will be responsible for placing
these util ity facil ities underground, from the
property 1 ine to the service point for all existing
structures.
The construction shall be in compliance with existing City
Standard Drawings, a copy of which is enclosed and must be
installed utilizing the materials as stated thereon. The
construction must be completed before November 20, 1986,
which is 30 days from the date of this notice. Necessary
permits may be obtained at the office of the City Engineer,
City Hall, 300 No. "0" Street, San Bernardino.
2/19/88
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October 17, 1986
File No. 8.09-13
Page 2 _
If the construction is not completed by you or your contractor by the
above date, the Director of Public Works/City Engineer by order of
the Mayor, may cause the construction to be done and the cost therefor,
together with incidental costs, will be assessed against the property
and such assessment will become a lien on the property. You will be
notified of when the costs will be confirmed by the Mayor and Common
Council and you will have 5 days thereafter in which to pay the costs
to the City, otherwise the costs will be collected.
An opportunity to be heard on such assessments will be afforded you
after completion of the work.
If you desire any further information pertaining to the matter, please
contact the City Engineering Division at 383-5111.
~ yours,
ROGER G. HARDGRAVE
Director of Public Works/City Engineer
LEL;jmd
Attachment
2/19/88
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ERN ARD IN 0 300 NORTH "0" STREET, SAN BERNARDINO, CALIFORNIA 92418
EVLYN WILCOX
Mayor
Memllers of the Common Council
Esther Estrada. . . . . . . . . . . . . First Ward
Jack Reilly. . . . . . . . . . . . . . Second Ward
Ralph Hernandez. . . . . . . . . . . Third Ward
Steve MarkS. . . . . . . . . . . . . Fourth Ward
Gordon Qulel . . . . . . . . . . . . . Fifth Ward
Dan Frazier . . . . . . . . . . . . . . Sixth Ward
Jack Strickler . . . . . . . . . . . .Seventh Ward .
January 15, 1987
File No. 8.09-13
Re: Underground Utilities
Dear Sir:
Notice is hereby given that pursuant to San Bernardino Municipal
Code, Section 13.36.090, and action of the Mayor and Common Coun-
cil of the City of San Bernardino, you are hereby notified that
you must construct or cause to be constructed certain improve-
ments to that portion of your property known as Assessor's Parcel
No. which fronts on
in the tOllowlng manner, to-wit:
All overhead utility facilities within Underground
Utility District No. 13 (electrical, telephone, TV
cable) will be taken out of service by February 16.
1987. Each property owner will be responsible for
placing these utility facilities underground. from
the property line to the service point for all exis-
ting structures.
The construction shall be in compliance with existing City Stan-
dard Drawings, a copy of which is enclosed. and must be installed
utilizing the materials as stated thereon. The construction must
be completed before February 16, 1987, wh~ch is 30 days from the
date of this notice. Necessary permits may be obtained at the
office of the City Engineer, City Hall, San Bernardino.
2/19/88
Jr.
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File No. 8.09-13
Page Two
If the construction is not completed by you or your contractor by
the above date, the Director of Public Works/City Engineer, by
order of the Mayor, may cause construction to be done and the cost
therefor, together with incidental costs, will be assessed against
the property and such assessment will become a lien on the property.
You will be notified of when the costs will be confirmed by the
Mayor and Common Council and you will have 5 days thereafter in which
to pay the costs to the City, otherwise the costs will be collected.
An opportunity to be heard on such assessments will be afforded you
after completion of the work.
If you desire any further information pertaining to the matter,
please contact the City Engineering Division at 383-5111.
Very truly yours,
~AROGRAVE
Director of Public Works/City Engineer
LEL:dc
Attach.
2/19/88
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02/16/38
1 RESOLUTION NO.
2 A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE
ASSESSMENT ROll FOR A PORTION OF UNDERGROUND UTILITY DISTRICT NO. 13
3 GENERALLY LOCATED BETWEEN THIRD STREET AND FIFTH STREET AND BETWEEN
WATERMAN AVENUE AND INTERSTATE 215.
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WHEREAS. pursuant to the provisions of Chapter 13.36 of the
San Bernardino Municipal Code. the Mayor and Common Council of the City
of San Bernardino did adopt Resolution No. 84-503 on the 3rd day of
December 1984. creating Underground Utility District No. 13. generally
located between Third Street and Fifth Street. and between Waterman
Avenue and Interstate 215. and ordered the construction of underground
facilitites by owners of certair properties within said Underground
Utility District No.l3. which said construction was to be completed by
December 31. 1986. and which date was extended to February 16. 1987;
and
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WHEREAS. the said construction was not completed by said date and
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the Director of Public Works/City Engineer caused said work to be done;
and
WHEREAS. according to the provisions of said Chapter 13.36. a
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report was filed by said Director of Public Works/City Engineer
specifying that a portion of the required underground utilities have
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211
been provided. the cost thereof. and a description of the property
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against which cost is to be assessed; and
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WHEREAS. by motion made on the 7th day of March. 1988. the Mayor
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and Common Council of the City of San Bernardino. approved said.
E n gin e e r I s R e p 0 r tan d set t he h 0 u ran d date 0 f 1 0 : 00 a. m. . H arc h 21.
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1988. for hearing of protests against the assessment of the cost of
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such portion of the work; and
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WHEREAS. and assessment roll has been prepared. totalling
$15.023.20. which sets forth the individual assessments to be levied on
1 each of the parcels of land within said portions of Underground Utility
2 District No.13.
3 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
4 THE CITY OF SAN BERNARDINO AS FOLLOWS:
5 SECTION 1. That the Mayor and Common Council do hereby find and
6 determine that the assessments to be levied against the parcels of land
7 lying within a portion of Underground Utility District No.13,
8 designated as Exhibit "A" and incorporated herein by reference, are
9 correctly set forth and do hereby confirm said assessments.
10 SECTION 2. That the City of San Bernardino, acting through its
11 Director of Public Works/City Engineer, does hereby claim a lien on all
12 of the properties listed in said assessment roll in the amounts So
13 1 is ted w hi ch are not pa i d wi thi n fi ve (5) days from the da te of thi s
14 Resolution and the same shall be a lien upon said real property and
15 collected with the property taxes. The assessment shall be due and
16 payable at the same time as the property taxes are due and payable, and
17 if not paid when due and payable, shall bear interest at the rate of
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18 six (6) percent per year.
20 Municipal Code, the Director of Public Uorks/City Engineer is directed
SECTION 3. That pursuant to Chapter 13.36 of the San Bernardino
21 to cause a copy of this Resolution and a list of the unpaid assessments
22 to be transmitted to the office of the Auditor-Controller for the
23 County of San Bernardino with the request that the individual
24 assessments be placed on the subject property tax bills for collection
25 together with all other property taxes.
2G
271
2X
02/16/88
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02/16/88
RESOLUTION CONFIRMIJ\ THE ASSESSMEN'l .<OLL FOR A PORTION OF
UNDERGROUND UTTILITY DISTRICT NO. 13 GENERALLY LOCATED BETWEEN
THIRD STREET AND FIFTH STREET AND BETWEEN WATERMAN AVENUE AND
INTERSTATE 215
1
I HEREBY CERTIFY that the foregoing reolution was duly adopted hy
the Mayor and Common Council of the City of San Bernardino at a
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meeting thereof held on the
day of
, 19_____, by the following vote, to-wit:
5 AYES Council members
(i
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NAYES:
ABSENT:
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City Clerk
12 of
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The foregoing resolution is hereby approved this
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day
Mayor of the City of San Bernardino
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Approved as to form
all').l ega 1 conlcent:
1f!-,,,,, 'J. I (:::"-11-..
<- ~'),...-... I t-rv"4"...
//,. Ci ty Attorney
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Assessment Roll for a Portion of Underground Utility District No. 13
Assessment Assessor's
Number Parcel No. Property Address Costs
01 0135-131-10 471 N. SIERRA WAY $ 211.60
02 0135-131-11 214 N. 4TH STREET $ 322.69
03 0135-132-02 143 E. 5TH ST. $1,433.73
04 0135-132-03 147 E. 5TH ST. $1,484.01
05 0135-132-23 188 E. 4TH ST. $ 404.44
06 0136-132-12 474 N. SEPULVEDA $ 450.00
07 0135-132-25 176 E. 4TH ST. $ 178.73
08 0135-132-27 154 E. 4TH ST. $ 84.26
09 0135-132-28 146 E. 4TH ST. $ 76.97
10 0135-132-37 451 N. LUGO ST. $ 645.75
11 0135-132-40 470 N. SEPULVEDA AVE. $1,160.82
12 0135-141-01 495 N. SEPULVEDA ST. $ 178.82
13 0135-141-10 488 INTEROCEAN AVE. $ 277 .56
14 0135-141-12 256-256 1/2 KINGMAN ST. $ 349.30
15 0135-141-14 230 KINGMAN ST. $ 225.98
16 0135-141-16 220-222 KINGMAN.ST. $ 252.93
17 0135-141-17 218 -218 1/2 KINGMAN ST. $ 624.47
18 0135-142-01 427-427 1/2 - 430 N. SEPULVEDA AVE. $ 149.29
19 0135-142-19 214 E. 4TH ST. $ 200.44
20 0135-143-20 260 1/2 KINGMAN ST. $ 179.24
21 0135-144-24 447 INTEROCEAN AVE. $ 180.12
22 0135-181-13 115 E. COURT ST. $ 807.14
23 0135-181-17 160 E. COURT ST. $ 273.58
24 0135-181-19 156 E. COURT ST. $ 444.80
25 0135-181-21 144 E. COURT ST. $ 349.69
02/16/88 EXHIBIT IIAII
1
26 0135-181-22 138-140 E. COURT ST. $ 202.01
27 0135-181-23 132 E. COURT ST. $ 355.34
28 0135-181-24 130 E. COURT ST. $ 213.81
29 0135-181-40 149 E. 4TH ST. $ 25.32
30 0135-191-13 266 E. THIRD ST. $1,568.36
31 0135-191-14 296 E. THIRD ST. $ 987.00
32 0136-181-29 355 N. SIERRA WAY $ 725.00
TOT AL $15,023.20
OL/16/88
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Assessllent Roll for a Portion of Underground Utility District No. 13
Assessment Assessor's
Number Parce 1 No. Property Address Costs
01 0135-131-10 471 N. SIERRA WAY $ 211.60
02 0135-131-11 214 N. 4TH STREET $ 322.69
03 0135-132-02 143 E. 5TH ST. $1,433.73
04 0135-132-03 147 E. 5TH ST. $1,484.01
05 0135-132-23 188 E. 4TH ST. $ 404.44
'I 06 0136-132-11. 474 N. SEPULVEDA $ 450.00
"
07 0135-132-25 176 E. 4 TH ST. $ 178.73
08 0135-132-27 154 E. 4TH ST. $ 84.26
09 0135-132-28 146 E. 4TH ST. $ 76.97
10 0135-132-37 451 N. LUGO ST. $ 645.75
11 0135-132-40 470 N. SEPULVEDA AVE. $1,160.82
12 0135-141-01 495 N. SEPULVEDA ST. $ 178.82
13 0135-141-10 488 INTEROCEAN AVE. $ 277 .56
14 0135-141-12 256-256 1/2 KINGMAN ST. $ 349.30
15 0135-143-21 230 KINGMAN ST. $ 225.98
16 0135-141-16 220-222 KINGMAN.ST. $ 252.93
17 0135-141-17 218 -218 1/2 KINGMAN ST. $ 624.47
18 0135-142-01 427-427 1/2 - 430 N. SEPULVEDA AVE. $ 149.29
19 0135-142-19 214 E. 4TH ST. $ 200.44
20 0135-143-20 260 1/2 KINGMAN ST. $ 179.24
J! (21 0135-144-01 447 INTEROCEAN AVE. $ 180.0
22 0135-181-13 115 E. COURT ST. $ 807.14
23 0135-181-17 160 E. COURT ST. $ 273.58
24 0135-181-19 156 E. COURT ST. $ 444.80
25 0135-181-21 144 E. COURT ST. $ 349.69
02/16/88 EXHIBIT "AII T.f-~~Jl ~D
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