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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
F" e 1;. 1.\ ^I""'-
mane : L),.,. .JU
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.
RESOLUTION OF THE CITY OF SAN BERNARDINO
REQUESTING PROPOSAL FOR THE SALE OF BONDS
FOR ASSESSMENT DISTRICT NO. 987 (VERDEMONT
AREA)
WHEREAS, the Mayor and Common Council (the "Common
Council") of the City of San Bernardino (the "City") have
initiated proceedings for the formation of an assessment
district, pursuant to the Municipal Improvement Act of 1913
(the "Act"), 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, as provided in its Resolution of
Intention (the "Resolution of Intention") adopted by the
Common Council on March 11, 1991; and
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
WHEREAS, it is the intention of the Common Council
that serial and/or term bonds shall be issued to finance the
costs and expenses of said improvements and proceedings
pursuant to the provisions of the Improvement Bond Act of
1915, (the "1915 Act"), being Division 10 (commencing with
Section 8500) of the California Streets and Highways Code (the
"Bond Law"); and
WHEREAS, it is the intention of the Common Council
3378m5
02/04/91
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RESOLUTION REQUESTING PROPOSAL FOR SALE OF BONDS
to authorize the Superintendent of Streets to solicit
proposals for the sale of bonds of the Assessment District and
to negotiate with a qualified purchaser to obtain a fair and
beneficial proposal for the city and the participants within
the Assessment District;
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 Superintendent of Streets is hereby
authorized and directed to solicit proposals for the sale of
bonds in an amount sufficient to pay the costs and expenses of
the Assessment District and to negotiate with a qualified
purchaser to obtain a fair and beneficial proposal for the
City and the participants within the Assessment District.
SECTION 3. The interest on the bonds subject to
sale shall not exceed the legal maximum rate of 12% per annum,
and shall be sUbject to all of the terms and provisions of the
Bond Law and the Resolution of Intention.
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337Bm5
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RESOLUTION REQUESTING PROPOSAL FOR SALE OF BONDS
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:
CQuncil Members:
~
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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
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02104/91