HomeMy WebLinkAbout16-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
! I ~ I
l!il~
; ~ ~
"Ill i
· i I
"1-..
.
~.
i !w:!!i: ':::
.. _c;~.'"
~~" ~~;..!;~;:;.
~~i_ .:"".ie-" ~~
;hj ~i~~_~i~~;
~i~ mmm~
8:;. ~.. .-1 J
i~,r~~! ~I~
.:s "....'i.", -I
='!~ ::-.!!.
~;= ;~ ~;e
~ii..;;i !i!!
:=:.,: S!I ~_.:..
:;;i::!.::: li~~
.:~.. ~~~_!-
;;~ r;""!i!;
::--... =;~ i':~
,.." ",Ii ~-.
;;:, 1=': ;5=1
12Hji ~iE~
'0.
L
c.
~:
~2
I!
i I
III !
~ a
E i
.'
j ~:
s. ~
::~
.
~~
.
~e
;i
~: ,~
~: i!::
~i ...
,F
<of..
"a;;
~;~
;~:
!!~
!
.
.i
.
'i
.'
~I
=.
~~!
i!i
i~i!
.
.,.~.
. . I i
.! i I ~
Ii i, Ii.
.' . i
" :. ~!
.. I' .1
it I ~..
.~..~ ~ i ~~n iH
;' t;ij:: m ii!!111 H II Ii
~ --f;:-. ....
;; ll:".' i' I I
....::..:: I
! I f ~
.0.;fI\
I II~\:J
I ~
~
~
..czz~~
w
:I.
~
c
I
i
l
.04 0
P .j_ I
0.1 i
i~. t
I ,: I
_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
27
28
.
.
RESOLUTION OF INTENTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO
DECLARING INTENTION TO ORDER THE ACQUISI-
TION AND CONSTRUCTION OF CERTAIN IMPROVE-
MENTS TOGETHER WITH APPURTENANCES PURSUANT
TO THE PROVISIONS OF THE MUNICIPAL
IMPROVEMENT ACT OF 1913; DECLARING THE
WORK TO BE OF MORE THAN LOCAL OR ORDINARY
BENEFIT; DESCRIBING THE DISTRICT TO BE
ASSESSED TO PAY THE COSTS AND EXPENSES
THEREOF; AND PROVIDING FOR THE ISSUANCE OF
BONDS IN 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 (the "Act"), being
Division 12 (commencing with Section 10000) of the California
Streets and Highways Code, for the construction of certain
public work and improvements and acquisitions, if necessary;
aud
WHEREAS, the Common Council desires to declare its
intention to order the construction and acquisition of said
improvements, to declare the work to be of more than local or
ordinary benefit, to describe the lands to be assessed to pay
the costs and expenses of said improvements, and to provide
for the issuance of bonds;
NOW, THEREFORE, the Mayor and Common Council of the
City of San Bernardino do hereby resolve as follows:
SECTI~. pescriotion of Imorovements. The public
interest and convenience require, and it is the intention of
the Common Council, pursuant to the provisions of the Act, to
3378m5
02/04/91
/6
e
2
3
4
5
6
7
8
9
10
II
12
13
e 14
15
16
17
18
19
20
21
22
23
24
25
26
e 27
28
.
.
RESOLUTION OF INTENTION
order the acquisition and construction of certain improvements
in a special assessment district designated
ASSESSMENT DISTRICT NO. 987
(VERDEMONT AREA)
(hereinafter referred to as the "Assessment District"), said
improvements 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;
(hereinafter referred to as the "Improvements");
For further particulars, reference is hereby made to
the Map of the Assessment District entitled "Proposed
Boundaries of Assessment District No. 987 (Verdemont Area)"
adopted by Resolution of the City and on file with the City
Clerk, and to the following additional provisions:
(a) Said streets, rights-of-way and easements shall
be shown upon the construction plans herein
referred to and to be filed with these
proceedings.
(b) All of said Improvements and work are to be
constructed at the places and in the particular
locations, of the forms, sizes, dimensions and
materials, and at the lines, grades and
3378m5
2
02104/91
~
-
~
-
--- --
.
.
RESOLUTION OF INTENTION
_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
27
/ / /
28
3378m5
elevations as shown and delineated upon the
plans, profiles and specifications to be made
therefor, as hereinafter provided.
(c) The description of the Improvements and the
extent thereof as contained in this Resolution
are general in nature. All items of work do
not necessarily extend for the full length of
the description thereof. The plans and
profiles of the work as contained in the
Engineer's Report and on such detailed plans as
may be prepared subsequent to the filing of
such report shall be controlling as to the
correct and detailed description thereof.
(d) Whenever any public way is herein referred to
as running between two public ways, or from or
to any public way, the intersections of the
public ways referred to are included to the
extent that work shall be shown on the plans to
be done therein.
(e) Notice is hereby given that in many cases the
Improvements and work to be constructed will
bring the finished work to a grade different
from that which formerly existed, and to that
extent, said grades are hereby changed and the
work done to the changed grades, as more
particularly described in Section 9 hereof.
3
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
27
28
-
-
-
- ---- ......-
.
.
RESOLUTION OF INTENTION
SECTION 2. Descriotion of Assessment District.
Said Improvements and work are of direct benefit to the
properties and land within the Assessment District, and the
City hereby makes the expenses of said Improvements and work
chargeable upon those properties, which properties are hereby
declared to constitute the Assessment District benefited by
said Improvements and work and to be assessed to pay the costs
and expenses thereof, including incidental costs and expenses,
described as follows:
All that certain territory included within the exterior
boundary lines shown on the plat exhibiting the property
affected or benefited by or to be assessed to pay the
costs and expenses of said Improvements and work in the
Assessment District, said map titled and identified as
PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 987
(VERDEMONT AREA)
and which said map was heretofore approved by Resolution of
the City and is on file with the City Clerk, EXCEPTING
therefrom the area of all public streets, public avenues,
public lanes, public roads, public drives, public courts,
public alleys, and all easements and rights-of-way therein
contained belonging to the public. For all particulars as
to the boundaries of the Assessment District, reference is
hereby made to said map and for a complete description of
said Assessment District, said map on file with the city
Clerk shall govern.
/ / /
3378m5
4
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
27
28
-
-
-
-
.
.
RESOLUTION OF INTENTION
SECTION 3. Report of Enaineer. Pursuant to Section
10203 of the Act, the Common council hereby refers the proposed
Improvements to the Engineer of Work of the Assessment
District, previously designated by Resolution of the City, who
is hereby directed to make and file a report in writing in the
form described in Section 10204 of the Act, containing the
following:
(a) Plans and specifications of the proposed
Improvements to be constructed under these
proceedings;
(b) An estimate of the cost of the proposed
Improvements and work, and of the cost of lands,
rights-of-way, easements and incidental expenses
as enumerated in said report in connection
therewith;
(c) A diagram showing the exterior boundaries of the
Assessment District which shall also show the
dimensions of each parcel of land within the
Assessment District, as the same existed at the
time of the passage of this Resolution of
Intention, each of which subdivision shall be
given a separate number upon said diagram;
(d) A proposed assessment of the total amount of the
cost and expenses of the proposed Improvements,
including, but not limited to, environmental
impact reports, feasibility studies, engineering
plans, costs estimates and legal expenses, upon
3378m5
5
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
e 26
27
28
-
-
-
--
.
.
RESOLUTION OF INTENTION
the several subdivisions of land in the
Assessment District in proportion to the
estimated benefits to be received by each such
subdivision, respectively, from the
Improvements. Said assessment shall refer to
such subdivisions upon said diagram by the
respective numbers thereof; and
(e) An annual assessment in an amount not to exceed
five percent (5.0%) of the amount of each
assessment installment shall be assessed upon
each of the parcels of land upon which there is
an unpaid assessment in the Assessment District
to pay costs incurred by the City, and not
otherwise reimbursed, which result from the
administration and collection of any bonds issued
or funds administered under the proceedings, as
provided in Section 10204(f) of the Act; such
costs shall be in addition to any costs collected
pursuant to Sections 8682 and 8682.1 of the Bond
Law (as defined in Section 4 hereof).
SECTION 4. Bonds. Notice is hereby given that serial
and/or term bonds in one or more series to represent the unpaid
assessments, and bearing interest at rates not to exceed the
current legal maximum rate of 12% per annum, will be issued
hereunder in the manner provided in the "Improvement Bond Act
of 1915" (the "Bond Law"), being Division 10 (commencing with
Section 8500) of the California Streets and Highways Code, the
3378m5
6
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
27
26
--,...~
.
.
RESOLUTION OF INTENTION
last installment of which bonds shall mature a maximum of and
not to exceed thirty-nine (39) years from the second day of
September next succeeding twelve (12) months from their date.
The provisions of Part 11.1 of the Bond Law (commencing with
Section 8760), providing an alternative procedure for the
advance payment of assessments and the calling of bonds, shall
apply.
The principal amount of the bonds maturing each year
shall be other than an amount equal to an even annual
proportion of the aggregate principal amount of the bonds; the
amount of principal maturing in each year plus the amount of
interest payable in that year, will be as provided in the
resolution authorizing issuance of each series of bonds.
~ION~. AYthoritv for Proceedinas. Except as
herein otherwise provided for the issuance of bonds, all of the
Improvements shall be made and ordered pursuant to the
provisions of the Act.
SECTION 6. Surolus Funds. If any excess shall be
realized from the assessment after completion of the
Improvements and payment or provision for the payment of all
costs and expenses in connection with the Assessment District,
such excess shall be used, in such amounts as this Common
Council may determine, in accordance with Section 10427 and
10427.1 of the Act.
/ / /
/ / /
/ / /
3378m5
7
02104/91
-
e
2
3
4
5
6
7
8
9
10
II
12
13
e 14
15
16
17
18
19
20
21
22
23
24
25
e 26
27
28
-
~
-- -
.
RESOLUTION OF INTENTION
.
SECTION 7. Soecial Fund. The Common Council hereby
establishes a special fund designated
IMPROVEMENT FUND
ASSESSMENT DISTRICT NO. 987
into which moneys may be transferred at any time to expedite
the making of the Improvements herein authorized; said moneys
are a loan and shall be repaid out of the proceeds of the sale
of bonds as authorized by law.
SECTION 8. Private Contract. Notice is hereby
given that the public interest will not be served by allowing
the property owners to take the contract for the construction
of the Improvements, and that, as authorized by law, no notice
of award of contract shall be published.
SECTION 9. Grades. Notice is hereby given that the
grade to which the work shall be done shall be as shown on the
plans and profiles therefor, which grade may vary from the
existing grades. with the written consent of the property
owner, work may be done on private property to eliminate any
disparity in level or size between the improvement and private
property, if the Engineer of Work determines that it is more
economical to do such work on private property than to adjust
the work on public property as provided in Section 10100.1 of
the Act, such work shall be assessed to the parcel of land on
which such work was done. The work herein contemplated shall
be done to the grades indicated on the plans and
specifications. Any objections or protests to the proposed
grade shall be made at the public hearing to be conducted
under these proceedings.
3378m5
8
02104/91
--
_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
e 26
27
28
-
-
.
-
.
.
RESOLUTION OF INTENTION
SECTION 10. proceedinas Inauiries. For any and all
information relating to these proceedings, including
information relating to protest procedure, your attention is
directed to the person designated below at the department
indicated:
Roger G. Hardgrave (714) 384-5025
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
SECTION 11. Public prooertv. All public property
in the use and performance of a public function shall be
omitted from assessment in these proceedings unless expressly
provided and listed herein.
SECTION 12. Available Funds. pursuant to Section
8769 of the Bond Law, this Common Council hereby determines
and notice is hereby given that the City will not obligate
itself to advance available funds from the City treasury to
cure any deficiency which may occur in the bond redemption
fund.
SECTION 13. Acauisition of Riaht-of-Wav. The
public interest, convenience and necessity may require that
certain land, rights-of-way or easements be obtained in order
to allow the works of improvement proposed for this Assessment
District to be accomplished. For a general description of the
location and extent of the easements or land necessary to be
acquired, if any, reference is hereby made to the Report of
Engineer described in Section 3 hereof or to maps on file with
the transcript of these proceedings.
/ / /
337Bm5
9
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
_ 27
28
--
-
-
--
.
RESOLUTION OF INTENTION
.
SECTION 14. Bond RedemDtion. The Common Council
further elects to provide that the bonds herein authorized,
upon redemption prior to maturity, shall provide a premium of
not to exceed five percent (5%) on the unmatured principal, to
be determined and specified in the resolution authorizing
issuance of the bonds, and said language shall be added to the
redemption clause in the bond form and the City shall require
the property owner to pay said premium in order to discharge
the obligation of the lien prior to maturity.
SECTION~. UiYision 4 proceedin~. It is the
intention of this Common Council to fully comply with the
proceedings and provisions 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. A written
report has been ordered to be prepared pursuant to Sections
2824 and 2825 of the 1931 Act and such report shall be
presented to the Common Council at a duly noticed and called
public hearing.
SECTION 16. utility Aareements. This Common
Council hereby authorizes the Superintendent of Streets, on
behalf of the City, to enter into an agreement with the San
Bernardino County Flood Control District, which agreement
shall comply with the provisions of Section 10110 and 10110.1
of the Act.
SECTION 17. Refundina of Bonds. The Common Council
hereby determines and notice is given that, in addition to any
3378m5
10
02104/91
_I
_ 13
_ 14
_
2
-
.
.
RESOLUTION OF INTENTION
other rights to refund the bonds issued hereunder reserved by
this city Council, the bonds may be refunded on or after
3
September 2, 1996, upon determination by resolution of the
4
Common Council to do so, orovided, there will be a reduction
5
in the interest cost to maturity by reason of the refunding of
6
such bonds, and that the refunding bonds shall bear interest
7
8
at a rate not to exceed the maximum rate permitted by law and
shall have a maximum number of years to maturity not in excess
9
of the terms of such bonds, and any adjustment to assessments
10
resulting from the issuance of the refunding of such bonds
II
will be done on a pro rata basis.
12
/ / /
/ / /
/ / /
15
/ / /
16
/ / /
17
/ / /
18
/ / /
19
/ / /
20
/ / /
21
/ / /
22
23
24
25
26
/ / /
/ / /
/ / /
/ / /
/ / /
27
/ / /
28
3378105
11
02104/91
e
2
3
4
5
6
7
B
9
10
II
12
13
e 14
15
16
17
IB
19
20
21
22
23
24
25
e 26
27
2B
.
.
RESOLUTION OF INTENTION
ASSESSMENT DISTRICT NO. 9B7 (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:
~
HAXli
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
~;~
337Bm5
12
02/04/91