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HomeMy WebLinkAbout24-Public Works From: ROGER G. HARDGRAVE, Direc'tor:."~:t~on of . I: ' 'lS3lJ lPt 2 "'f.I!h tr.a,l C 1ty Public Works/Engineering . 2 Ib~ ~g3 o 0 ".'" ;;:"""" . File No. 14.40-46 ~"'R.Q"EST FOR COUNCIL ACTION c CITY OF SAN BERNARDIN Intention -- South Assmt Distr. Dept: Date: April 12, 1988 ~~ Synopsis of Previous Council action: 2-1-88 Authorization to proceed granted by motion. Resolution No. 87-75 adopted authorizing execution of an Agreement with Willdan Assoc. for Assess. Engr. services. Resolution No. 87-20 adopted authorizing execution of Agreements with Brown & Diven for Bond Counsel and Miller and Schroeder for Underwirter services. 2-2-87 3-23-87 Recommended motion: Adopt Resolution. '" R.y."d S,h..'t.." C'ty Ad"'f't,.t'~ ~~. Warren Knudson, Director of Finance L( Jim Penman,'City Attorney . 51g ature Contact person: Verne Nadeau Phone: 5026 Supportlnlldeteettached: Staff Report. Map Werd: 1 1915 Act Bonds 1 Amount: $7,741,248.00 Source: IACeT, NO.) 251- 657 - 539 25 (ACCT, DESCRIPTION) Assess. D1str. 983 (Sale of Flnence: /./rt C' r .A' FUNDING REQUIREMENTS: Council Notes: .. ....... J Agenda Item NO.~!f; CI~ OF SAN BERNARDQo - REQUQT FOR COUNCIL AeQON STAFF REPORT This action is the result of a request of the Redevelopment Agency to establish an assessment district for the improvement of the Central City SOllth area. Due to the fact that this district was initiated by the Redevelopment Agency and not the property owners, we have proceeded through a format of having meetings with the property owners to explain to them the benefits, costs, financing and types of improvements to be installed in the area. This also includes landscaping along both sides of "E" Street between Ria1to Avenue and Mill Street. Many meetings with staff from the City, Redevelopment Agency, Assessment Engineer, Bond Counsel and Underwriter were held to develop strategies and to assemble the district for presentation to the owners. As a result, we conducted two informal public meetings with the owners, one on November 4, 1987 and one on April 6, 1988 to advise them of the advantages of having all of the improvements installed at one time, under an assessment district. The Resolution of Intention will set a formal protest hearing which will provide an indication of the amount of protests that can be expected. This Resolution is to preliminarily determine that the public convenience and necessity require the formation of an improvement district under the provisions of the Municipal Improvement Act of 1913; declaring the intention to proceed to order work within the district under the provisions of said Art, to be known as the "Central City South Street Improvement District" and setting a public hearing to be held on June 6, 1988. This late date is necessary to allow the necessary time for posting, pUblishing, mailing and meeting of new agenda deadlines. A Resolution Ordering the formation of the district under the provisions of the 1913 Act will appear on the agenda for the meeting of June 6, 1988 for adoption if the Mayor and Common Council determine that there is sufficient support for the project after the hearing of protests. Formal proceedings under the Municipal Improvement Act of 1913 w'ill be commenced upon a determination being made that the formation of this district is needed. We recommend that the Resol ution of Intention be adopted to set the protest hearing. 75.0264 o o B ~'~ + .~ !. . 1';'- - - _!!!! j , ,...1--.,\\ ~ I ~- .' I ~.. .,..... : 1 l -.- '{\, , '-''1;1 ; \ ~ ' :' \ .\ '.'~"T'"\., -;,- I \'f.'I--! ~.-... ~ 11., ~ .a ........,. \~. " I. .......- I'\: , ..... I II'! ....1 I', ! ;il'~j A."''''''."'\ . ' :::' . ~_ \ :Pi. ....". ~ ~ 1;t3 . .-- \\11. I", k:' :~-,~ ~ 1~ · ~ijo~'~ ~- --"~ (.~: ::: :,: ~ · 'I' '; i~ 'Vo I I --.- 'nil ,I .' · ,. . _~-:, ' 1 ..;-- ! !~a- -~ I~::: ";-" - ~~ f-- ~ Ii / / -- · . ! ~~'-I ~ _ ':!' ;;__ I~!j -..- I -.- -~~-. · Il E ~ ___ IIi - ~... I'" : iii"" -:; L- --- h -~- I -..- :i:r1 ~, i ':'" ...::0;. I,I~I B:m. ~: I r ~_:,' · --. i ~l L "..- - '""" .- II I "" ~...._ \..~. " L - ':a. _0- ..i).... \ \\ w... . ... .._... \\~" ._.. _' _ "ii'- ',"- ......... . ! a \ , ., ?I ~ - -. ,j ...... L--..... ! ......~I ~ 1-': N~.' ) ':;: ; L- ! I ... ...._.- ..-..., "_..,, . I ".-.- N.'. .;-1 -.-"j;f.i. 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I, - c; o o o RESOLUTION NO. 1 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY 2 DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE fORMATION OF AN IMPROVEMENT ASSESSMENT DISTRICT UNDER THE 3 PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT 4 UNDER SAID ACT, TO BE KNOWN AS "ASSESSMENT DISTRICT NO. 983"; AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND 5 DATE OF A PUBLIC HEARING. 6 WHEREAS, the City of San Berna rdi no (herei na fter ca 11 ed 7 "City") as an exercise of its municipal affairs powers has 8 enacted an Assessment District Ordinance (Municipal Code 9 Chapter 12.90) to provide for the procedure for the formation 10 of assessment districts within the City; and 11 WHEREAS, it has now become necessary to consider the 12 formation of an improvement assessment di strict under the 13 Municipal Improvement Act of 1913 within the City, to be known 14 as "Assessment Di stri ct No. 983"; and 15 WHEREAS, as a further exercise of the powers vested in 16 the City by virtue of Section 19, Article XVI, California 17 Constitution, the City intends to conduct a hearing and hear 18 protests, if any, as to why the district should not be formed 19 and the acqui si tions and improvements completed under the 20 provisions of the Improvement Act of 1913; 21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 22 COUNCIL OF THE CITY OF SAN BERNARDINO THAT: 23 SECTION 1. Pursuant to Chapter 12.90 of the San 24 ernardino Municipal Code, the. Mayor and Common Council of said 25 ity, hereby preliminarily find and determine that the public 26 onvenience and necessity require, and it is the intention of 27 28 4-12-88 d 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION: PROCE~WITH 1913 AC~R A.D. 983 o 1 2 3 4 the Mayor and Common Council to form Assessment District No. 983 under the provisions of the Municipal Improvement Act of 1913, the boundaries of which are generally, as follows: generally bounded on the West by the Interstate 215 Freeway; on the East generally by "E" Street; on the South by Mill Street and on the North by Rialto Avenue which District is divided into zones accordi ng to benefi t. SECTION 2. It is the intention of said Mayor and Common Council to order improvements within the district under said Municipal Improvement Act of 1913 which improvements consist of, but are not limited to, the the construction and/or reconstruction of curbs, gutters, paving, sidewalk, landscaping and/or undergrounding of utilities in portions of "G" Street between Rialto Avenue and Mill Street, portions of "F" Street between Rial to Avenue and "G" Street, portions of "E" Street between Rialto Avenue and Mill Street, portions of Rialto Avenue between the Interstate 215 Freeway and "E" Street, and portions of Mill Street between "G" Street and "E" Street. The estimated cost of said improvements, including incidental costs is $7,741,248. SECTION 3. Said contemplated work and improvements is of more than local or ordinary public benefit, and that said Mayor and Common Council do hereby make the expense of such work and improvement chargeable upon the district, which dis- trict is hereby declared to be the district benefited by said 5 4-12-88 2 d 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: PROCE~WITH 1913 AC~R A.D. 983 o proposed work and improvement, and to be assessed to pay the cost and expense thereof. All public streets or alleys, or portions thereof, and any properties belonging to the City of San Bernardino hereby are excepted from said assessmen~ SECTION 4. The assessment financing will be under the provisions of the Municipal Bond Act of 1915. SECTION 5. That noti ce is hereby given that on June 6, 1988, at the hour of 9:30 a.m., in the Council Chamber, in the City Hall of said City, there shall be a public hearing before said Mayor and Common Council for the purpose of determining whether the public convenience and necessity require the forma- tion of the proposed improvement district under the provisions of the Municipal Improvement Act of 1913 and whether the Mayor and Common Council should proceed with ordering the above described improvements under said Act. At said hearing, any and all persons interested may appear and show cause, if any they have, why the Mayor and Common Council should not find and determine that the publ;c convenience and necessity require the format;on of the proposed district and the intent;on of the Mayor and Common Council to proceed to order work w ithi n the d is tri ct under the prov i si ons of the Municipal Improvement Act of 1913. SECTION 6. At said pUblic hearing, all persons will be heard, any holder of title to taxable real property within the boundaries of the proposed district may f;le a protest in 4-12-88 3 . d 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 . 41 J::.. - - RESOLUTION: PROCEE~WITH 1913 ACT~OR A.D. 983 o writing with the City Clerk, not later than the hour hereinabove set for hearing, containing therein a description of the property in which the signer thereof is interested sufficient to identity the same, and, if the signers are not shown on the last equalized assessment roll as the owners of such property, must contai n or be accompanied by wri tten evidence that such signers are the owners of such property. The basis for determining the existence of a majority protest shall be based on the area of respective lots or parcels invol- ved in proportion to the area of the entire district. SECTION 7. The City Clerk is authorized and directed to cause a copy of this resolution to be published in a newspaper of general circulation published in the City, and that said Clerk shall cause a notice of the adoption of this resolution to be posted and mailed as required by Section 12.90.040C of the Municipal Code of the City of San Bernardino. SECTION 8. A copy of this resolution and a map showing the exterior boundaries of the proposed improvement di strict with relation to the territory immediately contiguous thereto and to the proposed improvement will be on file with the City Clerk and will be available for inspection by any person or persons interested. * * * * * * * * * 4-12-88 4 . c - - RESOLUTION: PROCEEC;>WITH 1913 ACT~OR A.D. 983 o 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Counci 1 of the Ci ty of San 3 Bernardino at a 4 on the meeting thereof, held , 1988, by the day of 5 following vote, to wit: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES:CouncilMembers --------- NAYS: ABSENT: City C 1 e r k The foregoi ng resol uti on is hereby approved thi s day of , 1988. Evlyn Wilcox, Mayor City of San Bernardino Approved as to form and legal content: ~(~) Cit t orney 4-12-88 5