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CITY OF SAN BERNAta,INO - REQUEiS;.NpcilcoU1NCli68ACTION
ROGER G. HARDGRAVE
Subject:
Resolutions Relating to the
Establishment of Assessment
District No. 987 - Verdemont
Area Improvement District
Fro.
DeP
Public Works
Date: 2-11-91
Synopsis of Previous Council action:
02-06-89 __ Authorization granted to proceed with Assessment
District No. 987, pnlm Avenue Box Culvert and
traffic signals.
02-06-89 __ Authorization granted 'co proceed with Assessment
District No. 988, Chestnut Avenue Storm Drain and
Debris Basin.
03-20-89 Authorization granted to proceed with assessment
district for improvement of Palm Avenue.
04-03-89 Authorization granted to combine Assessment
District No. 988 and Palm Avenue Improvements intn
Assessment District No. 987.
(Continued on second page)
Recommended motion:
Adopt resolutions.
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cc: Shauna Edwins
Jim Penman
Andy Green
Craig Graves
Supporting data attached:
Verne Nadeau
Staff Report,
Resolutions & Map
Phone:
5026
Contact person:
Ward:
5
FUNDING REOUIREMENTS:
Amount: $5,676,308
Source: (Acct. No.!
251-663-53925
(Acct. DescriPtion)
Verdemont Area Improvement District
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eCil Notes:
/3-/4-1S'"-lh
Agenda Item NoI7-11-/9
75_0262
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File No.'s 2.132 & 15.40-68
SYNOPSIS OF PREVIOUS COUNCIL ACTION Continued
05-15-89 Resolution No. 89-144 adopted authorizing execution
of an agreement with GFB - Friedrich & Associates,
Inc. for Assessment engineering Services.
05-15-89 __ Resolution No. 89-148 adopted authorizing execution
of an agreement with Best, Best & Krieger for bond
counsel services.
05-15-89 __ Resolution No. 89-149 adopted authorizing execution
of an agreement with Stone and Youngberg for invest-
ment banking services.
05-15-89 __ Resolution No. 89-150 adopted authorizing execution
of an agreement with CM Engineering Associates for
engineering design services for the Chestnut Avenue
Storm Drain.
05-18-89 __ Resolution No. 89-146 adopted setting a surcharge fee
of $0.09 per square foot for Chestnut Storm Drain
area.
05-07-90 __ Resolution No. 90-164 adopted authorizing execution
of a Common Use Agreement with county for Palm Avenue
Box Culvert at Cable Creek Channel.
05-07-90 -- Negative Declration adopted for
improvements, box culvert and traffic
Works Project No. 90-08.
Palm Avenue
signals, Public
05-21-90 __ Resolution No. 90-188 adopted authorizing execution
of an Agreement with Orrick, Herrington and sutcliffe
for bond counsel services, and rescinding Resolution
No. 89-148.
06-18-90 -- Negative Declaration
Storm Drain and Debris
90-07.
adopted for Chestnut Avenue
Basin Public Works Project No.
07-23-90 __ Resolution of Intention, etc. continued to meeting of
8-06-90.
08-06090 __ Resolution of Intention, etc. Tabled.
2-11-91
CITY OF SAN BERNAtDINO - REQUEST F. COUNCIL ACTION
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STAFF REPORT
Page 1 of 2
Assessment District No. 987 will be comprised of
following three (3) zones, with the indicated improvement.
the
Zone I __ Box culvert on Palm Avenue, at Cable Creek Channel,
and traffic signals at the intersection of Palm Avenue
and Kendall Drive.
Zone 11-- Storm drain in Chestnut Avenue, with debris basin.
Full improvement of Palm Avenue.
A map is attached showing the boundaries of each of
these three zones.
Adoption of the seven attached resolutions will be
needed to initiate proceedings for Assessment District No. 987.
1. RESOLUTION MAKING DETERMINATIONS CONCERNING IMPROVEMENTS,
DEFINING PROJECT BOUNDARIES AND ORDERING PREPARATION OF A
REPORT _ Formal initiation of proceedings by the Mayor and
Common Council, as required by the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931
(the "1931 Act").
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2. RESOLUTION MAKING DESIGNATIONS AND APPOINTMENTS - Formal
appointment of the Superintendent of Streets and designated
consultants and specifying the newspaper for legal publica-
tions.
3. RESOLUTION ADOPTING PROPOSED BOUNDARY MAP Action
establishing the boundaries of the Assessment District.
4. RESOLUTION OF INTENTION -- Jurisdictional resolution under
the Municipal Improvement Act of 1913 (the "1913 Act")
indicating the City's intent to form the Assessment District
and the terms and parameters thereof.
5.
RESOLUTION PASSING ON
Preliminary approval
establishing the date,
under the 1913 Act.
REPORT AND SETTING PUBLIC HEARING --
of the Engineer's Report and
time and place for the public hearing
6. RESOLUTION REFERENCING WAGE SCALE AND CALLING FOR BIDS
Formal action authorizing bidding on the improvements to be
constructed by the Assessment District.
7. RESOLUTION REQUESTING PROPOSAL FOR THE SALE OF BONDS
Authorizing and directing the Superintendent of Streets to
obtain a proposal for the sale of bonds.
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2-11-91
75.0264
CITY OF SAN BERNAtDINO - REQUEST F~ COUNCIL ACTION
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STAFF REPORT Page 2 of 2
The public hearing will be set on Monday, 5-20-91. A
legal notice will be mailed to each property owner wi thin the
proposed district. This notice will advise the owners of the
City's intention to form an assessment district and that written
or oral protests may be made.
Advertising for bids will be commenced on 3-12-91, after
adoption of these resolutions. Bids will be received at 2:00
p.m., Tuesday, 4-23-91. The Report of Bids and resolution
awarding a contract will be on the Council Agenda of 5-20-91 for
consideration by the Mayor and Council after the public hearing
is closed.
We plan to schedule a neighborhood meeting after the
bids are opened, to answer questions by the property owners and
to report on the bids received. Hopefully, this meeting will
reduce the number of questions and protests of the public
hearing on 5-20-91.
The provisions of the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 will apply. A
report on the amount of debt on each parcel has, therefore, been
prepared. This report will need to be adopted at the Council
meeting of 5-20-91, by a simple majority.
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The schedule for this assessment district will allow a
Notice to Proceed to be issued during the first week of June.
The debris basin will require periodic maintenance.
During years with normal rainfall, the annual cost for
maintenance will be approximately $3,000.00. However, during
years of heavy rainfall, when debris must be removed, the cost
could be considerable. This work needs to be done on a timely
basis in order to avoid exposing the City to potential
liability.
We plan to submit a proposal that another assessment
district be formed to finance the maintenance cost of the debris
basin. This proposal will include entering into an annual
contract for removal of debris, since there will be occasions
that the material must be removed quickly before another storm
occurs.
We recommend that the resolutions be approved.
2-11-91
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75-0264
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RESOLUTION NO.
RESor,UTION OF THE CITY OF SAN BERNARDINO
PASSING ON AND GIVING PRELIMINARY APPROVAL
TO THE REPORT OF THE ENGINEER OF WORK AND
APPOINTING A TIME AND PLACE FOR PUBLIC
HEARING FOR ASSESSMENT DISTRICT NO. 987
(VERDEMONT AREA)
WHEREAS. the Mayor and Common Council (the "Common
Council") of the City of San Bernardino (the "City") are
considering the formation of an assessment district, pursuant
to the Municipal Improvement Act of 1913, being Division 12
(commencing with Section 10000) of the California Streets and
Highways Code, for the construction of certain public works
and improvements and acquisitions, if necessary, generally
described as follows:
Zone 1: Grading, excavation and appurtenant construct'ion
required to install a box culvert in Cable Creek to raise
the Palm Avenue grade, including street improvements,
traffic signal and appurtenances;
Zone 2: Construction of a storm drain system and
appurtenant construction required to install a storm
water and debris retention facility, including manhole
installation and safety-related amenities;
Zone 3: Construction of street improvements for Palm
Avenue within an 88 foot right-of-way, including sewer
with manholes, storm drain system, street lights and
appurtenant construction;
(the "Improvements");
WHEREAS, the lands to be specially assessed for the
Improvements shall be included within an assessment district
designated
ASSESSMENT DISTRICT NO. 987
(VERDEMONT AREA)
(the "Assessment District"); and
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RESOLUTION APPROVING REPORT; SETTING PUBLIC HEARING
WHEREAS, the Common Council has heretofore directed
that a written report upon the proposed improvement or
acquisition be prepared pursuant to section 2824 and 2825 of
the Special Assessment Investigation, Limitation and Majority
Protest Act of 1931 (the "1931 Act"), being Division 4
(commencing with Section 2800) of the California Streets and
Highways Code, by the Engineer of Work of the Assessment
District, which report shall be filed with the Common Council
and in the office of the City Clerk;
WHEREAS, such report has been consolidated with the
report prepared pursuant to Sections 10203 and 10204 of the
Streets and Highways Code (the "Engineer'S Report"), and
has been filed with the City Clerk and is presented by the
Engineer of Work at this time:
NOW, THEREFORE, the Mayor and Common Council of the
City of San Bernardino do hereby resolve as follows:
SECTION 1. The above recitals and each of them are
true and correct.
SECTION 2. The Engineer's Report is hereby
preliminarily approved and adopted as follows:
(a) The plans and specifications for the
Improvements to be made, contained in the
Engineer's Report, are hereby preliminarily
approved and adopted;
(b) The Engineer'S estimate of the itemized and
total costs and expenses of the Improvements,
acquisition, where necessary, and incidental
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RESOLUTION APPROVING REPORT; SETTING PUBLIC HEARING
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expenses in connection therewith. contained in
the Engineer's Report, is hereby preliminarily
approved and adopted;
(c) The diagram showing the Assessment District
referred to and described in a Resolution
adopted by the Common Council of the City (the
"Resolution of Intention") and the boundaries
and dimensions of the respective subdivisions
of land within the Assessment District, as the
same existed at the time of the passage of the
Resolution of Intention, each of which
subdivisions have been given a separate number
upon the diagram, as contained in the
Engineer's Report, is hereby preliminarily
approved and adopted;
(d) The proposed assessments upon the several
subdivisions of land in the Assessment
District, in proportion to the estimated
benefits to be received by such subdivisions
from the Improvements, acquisition and
incidental expenses in connection ther~with, as
contained in the Engineer's Report, are hereby
preliminarily approved and adopted;
(e) The maps and descriptions of the land and
easements to be acquired, if any, as contained
in the Engineer's Report, are hereby
preliminarily approved and adopted;
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RESOLUTION APPROVING REPORT; SETTING PUBLIC HEARING
(f) Additional information as described in Section
2825 of the Act including the value of each
parcel to be assessed and the aggregate value
of all parcels and the maximum term and
interest rate of any bonds to be issued, is
hereby preliminarily approved and adopted.
SECTION 3. The Engineer's Report shall stand for
the purpose of all subsequent proceedings undertaken pursuant
to the Resolution of Intention.
SECTION 4. The Common Council hereby appoints the
time and place for a public hearing (the "Public Hearing") on
the Engineer's Report as follows:
~
Place
10:00 A.M.
May 20, 1991
Council Chambers
City of San Bernardino
300 North "D" Street
San Bernardino, California
and provides that any interested person may object to the
proposed improvement, the extent of the Assessment District,
or to the proposed assessment by filing a written protest with
the City Clerk at or before the time set for the hearing.
Such protest must contain a description of the property in
which each signer thereof is interested sufficient tc identify
the same and, if the signers are not shown on the last
equalized assessment roll as the owners of such property, must
contain or be accompanied by written evidence that such
signers are the owners of such property.
SECTION 5. The City Clerk is hereby directed to
cause notice of the Public Hearing and the passage of the
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RESOLUTION APPROVING REPORT; SETTING PUBLIC HEARING
Resolution of Intention and this Resolution to be posted on
all open streets within the Assessment District, not more than
300 feet apart on each street so posted, but not less than
three (3) notices in all, at least 20 days before the date set
for the hearing of protests, in the time, form and manner
prescribed in Sections 10302 through 10304 of the Act.
SECTION 6. The City Clerk is hereby directed to
give notice of the Public Hearing and of the passage of the
Resolution of Intention and this Resolution by causing such
notice to be published in the designated newspaper of the
Assessment District, pursuant to Section 6066 of the
California Government Code, at least 20 days before the date
set for the hearing of protests, in the time, form and manner
prescribed in Sections 10303 and 10304 of the Act.
SECTION 7. The City Clerk is hereby directed to
mail notice of the Public Hearing and the adoption of the
Resolution of Intention and the filing of the Engineer's
Report to all persons owning real property proposed to be
assessed. whose names and addresses appear on the last
equalized assessment roll for County taxes or as known to the
City Clerk, at least 30 days before the date set for the
hearing of protests, in the time, form and manner prescribed
in Sections 2851, 10306 and 10307 of the 1931 Act and the Act.
SECTION 8. The City Clerk is hereby directed to
file a copy of the map entitled Proposed Boundaries of
Assessment District No. 987 in the Office of the County
Recorder of the Connty of San Bernardino within fifteen (15)
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RESOLUTION APPROVING REPORT; SETTING PUBLIC HEARING
days of the adoption of this resolution fixing the time and
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place of hearing on the formation and extent of the Assessment
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District. said boundary map to be in the form prescribed in
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Section 3110 of the California Streets and Highways Code.
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RESOLUTION APPROVING REPORT; SETTING PUBLIC HEARING
ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA)
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on
the
day of
, 1991, by the following vote,
to wit:
l:Quncil Members:
AnS
NAYS.
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
, 1991.
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
B~(--J
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