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HomeMy WebLinkAbout13-Public Works 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. e 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 e e e . . 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 e 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"). e 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. e 2-11-91 75.0264 CITY OF SAN BERNAtDINO - REQUEST F~ COUNCIL ACTION e 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. e 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 e 75-0264 I Ie I e e ~. .- . ;. , ~ - ! ~ u IE .. Iii = is . i ~ c ~ w ! 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RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING DETERMINATIONS CONCERNING CONSTRUC- TION OF PUBLIC IMPROVEMENTS AND ACQUISI- TION OF PROPERTY BY SPECIAL ASSESSMENTS, DEFINING PROJECT BOUNDARIES AND ORDERING PREPARATION OF A REPORT 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 and the construction of public improvements and acquisition of property, pursuant to the "Municipal Improvement Act of 1913", being Division 12 (commencing with Section 10000) of the California Streets and Highways Code (the "Act"), for certain public works and improvements and acquisitions, if necessary, generally described as follows: Zone 1: Grading, excavation and appurtenant construction 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"); and WHEREAS, the lands to be specially assessed for the Improvements shall be included within an assessment district designated as ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA) 3378m5 02104/91 /3 -, 2 3 4 5 6 7 8 9 10 11 12 13 _ 14 15 16 17 18 19 20 21 n 23 24 25 _ 26 27 ~ . . RESOLUTION MAKING DETERMINATIONS designated as ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA) (the "ASSessment District"); and WHEREAS, the Engineer of Work has prepared a map of the Assessment District which generally defines the bouundaries or extent of the area to be specially assessed to pay all or any portion of the proposed improvements and acquisition, which map is on file in the office of the City Clerk and open to inspection by the public; and WHEREAS, the Common Council desires to make the determinations and to otherwise comply with the requirements of "The Special Assessment Investigation, Limitation and Majority Protest Act of 1931" (the "1931 Act"): NOW, THEREFORE, the Mayor and Common Council of the City of San Bernardino do hereby resolve as follows: SECTION L. The above recitals and each of them are true and correct. SECTION 2. The Common Council proposes to order the construction of public improvements and the acquisition of property for public use, together with appurtenances and appurtenant work, to be paid by special assessments on an area of land to be benefited thereby as shown on the map of the proposed Assessment District on file in the office of the City Clerk, which map shall generally define the boundaries of the Assessment District. SECTION 3. The statute under which the levy of the assessment and construction of the improvements are authorized 3378m5 2 02/04/91 _I 2 3 4 5 6 7 8 9 10 II 12 13 _ 14 15 16 17 18 19 20 21 22 23 24 25 26 e 27 28 . . RESOLUTION MAKING DETERMINATIONS shall be the Act, with bonds proposed to be issued as authorized by the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California. SECTION 4. The specific nature, location and extent of such proposed improvements and acquisitions are as shown on the plans and specifications thereof on file in the office of the City Clerk. SECTION 5. The Common Council hereby directs that a written report upon the proposed improvement or acquisition be prepared pursuant to Section 2624 and 2625 of the 1931 Act 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. SECTION 6. The report prepared under authority hereof shall have attached to it a copy of this resolution upon its adoption. SECTION 7. The Common Council does not at this time intend to make any contribution or appropriation of funds toward the costs and expenses of the improvements or acquisition as provided under these proceedings and all costs and expenses related thereto shall be financed through special assessments levied upon benefiting parcels within the boundaries of the Assessment District in the form and manner authorized by the Act. / / / / / / 3378m5 3 02/04/91 _I 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 MAKING DETERMINATIONS 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: Council 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~" ) 3378m5 4 02/04/91 I J