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HomeMy WebLinkAbout4815_CCv0001.pdf AMENDED BY RESOLUTION 4869 RESOLUTION NO. 4815 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS WITHIN AND FOR A PROPOSED ASSESSMENT DISTRICT AND THE PAYMENT OF CERTAIN EXPENSES INCIDENTAL THERETO PUR- SUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913 , DESCRIBING THE ASSESSMENT DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES OF SUCH IMPROVEMENTS, AND DETERMINING THAT BONDS SHALL BE ISSUED IN THE AMOUNT OF THE UNPAID ASSESSMENT PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915 ASSESSMENT DISTRICT NO. 91-1 WHEREAS, the City Council (the "City Council") of the City of Redlands (the "City") , proposes to form an assessment district under the provisions of the Municipal Improvement Act of 1913 , Division 12 of the Streets and Highways Code, for the construction of certain public improvements, which improvements are hereinafter generally described; and WHEREAS, the City Council hereby finds: (i) that the public interest, convenience and necessity require: (a) the construction of certain public improvements; (b) the acquisition of certain land, easements and rights-of-way necessary therefor; and (c) appurtenances and appurtenant work and incidental costs and expenses in connection therewith; (ii) that the project is feasible; and (iii) that the lands to be assessed will be able to carry the burden of the proposed assessments and to pay the costs and expenses thereof; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: Section 1. Description of Improvements. The public interest, convenience and necessity require, and it is the intention of the City Council of the City of Redlands, pursuant to the provisions of Division 12 of the Streets and Highways Code, commonly known as the "Municipal Improvement Act of 1913, " to order the construction of the improvements, together with incidental costs and expenses in connection with the proposed assessment district, for the benefit of the lands within the exterior boundaries of the proposed assessment district, hereinafter referred to as the "improvements" more particularly described as follows: A. Construction of streets to include grading, compaction, aggregate base, asphalt concrete paving, concrete curb and gutters, street lights, street name signs and signage, traffic striping and miscellaneous work on the following streets: 1. The easterly one-half of Mountain View Avenue for a length of approximately 2 ,400 feet, from the Atchison Topeka and Santa Fe Railroad northerly to the intersection with San Bernardino Avenue. 2 . San Bernardino Avenue for a length of approximately 5,280 feet from Mountain View Avenue easterly to the intersection with California Street. 3 . The westerly one-half of California Street for a length of approximately 7, 900 feet from State Highway I-10 northerly. 4 . Lugonia Avenue for a length of approximately 3, 000 feet from California Street westerly to the intersection with Victoria Avenue. -2- BJ576427 5. Lugonia Avenue for a length of approximately 1, 700 feet from Victoria Avenue westerly to the intersection with Street "E" within the proposed Barton Center Redlands. 6. Victoria Avenue for a length of approximately 3 , 200 feet from Lugonia Avenue northerly and westerly to the intersection with Mountain View Avenue. 7 . Almond Avenue for a length of approximately 900 feet from California Street westerly to the intersection with Street "D" within the proposed Barton Center Redlands. 8 . Streets "A" , "Bill "C" , 11Dn , and "Ell within the proposed Barton Center Redlands. 9 . The easterly one-half of Bryn Mawr Avenue for a length of approximately 700 feet from Lugonia Avenue southerly to the intersection with "B" Street within the proposed Marigold Plaza. 10. "A" Street and "B" Street within the proposed Marigold Plaza. 11. Marigold Avenue for a length of approximately 4, 000 feet from San Bernardino Avenue, northerly and easterly to the intersection with California Street. 12 . "A" , "B" and "C" Streets within the proposed Marigold Business Park. B. Construction of storm drain facilities including 36-inch to 96-inch diameter reinforced concrete pipe storm drains, inlet pipes, junction structures, catch basins, outlet structures and appurtenant work on the following streets: 1. Mountain View Avenue from Victoria Avenue northerly a distance of approximately 3 , 400 feet. 2 . Lugonia Avenue from California street westerly a distance of approximately 4 , 900 feet to the San Bernardino County Flood Control District channel . _3- BJS76427 3 . San Bernardino Avenue from "C"' Street within Barton Center, westerly 1, 000 feet to intersection of "A" Street within Marigold Business Park. 4 . Victoria Avenue, and Streets "A" , "C" , "D" and "E" Within the proposed Barton Center Redlands. 5. Marigold Avenue from '"C" Street within Marigold Business Park northerly to "B" Street. 6. "B" Street within Marigold Business Park to the intersection of "B" and "A" Streets. 7 . "A" Street from San Bernardino Avenue, within Marigold Business Park, northerly to the intersection of "A" and "B" Streets. 8. Northwesterly from the intersection of "A" and "B" Streets, within Marigold Business Park, to the Regional Storm Channel . C. Installation of traffic signals at the following street intersections; 1. California Street and San Bernardino Avenue. 2 . California Street and Lugonia Avenue. 3 . California Street and Westbound I-10. 4 . California Street and Eastbound I-10. 5. California Street and Almond Avenue. 6. California Street and Marigold Avenue (Marigold Plaza) . 7. San Bernardino Avenue and Mountain View Avenue. 8. San Bernardino Avenue and Marigold Avenue. 9. San Bernardino Avenue and "A" Street (Marigold Business Park) . 10. Mountain View Avenue and Victoria Avenue. 11. Lugonia Avenue and Research Drive. 12 . Lugonia Avenue and Bryn Mawr Drive. 13 . Lugonia Avenue and Street "B" (Barton Center Redlands) . D. Construction of water facilities including 8-inch through 20-inch diameter potable water mains, 4-inch and 6-inch diameter non-potable water mains, fire hydrants, services and appurtenant work on the following streets: 1. Mountain View Avenue from the Atchison Topeka and Santa Fe Railroad to San Bernardino Avenue. -4- BJS76427 2 . Victoria Avenue from Mountain View Avenue to Lugonia Avenue. 3 . Lugonia Avenue from California Street to Street "E€€ within Barton Center Redlands. 4 . San Bernardino Avenue from Mountain View Avenue to California Street. 5. California Street from State Highway I-10 northerly approximately 7 , 900 feet. 6. Bryn Mawr Avenue from Lugonia Avenue southerly to "B" Street within the proposed Marigold Plaza. 7. "A" Street and "B€' Street within the proposed Marigold Plaza. 8 . Almond Avenue from California Street westerly to Street "D" within the proposed Barton Center Redlands. 9. Streets "A" € €€B" , "C" , €'D" and "E€€ within the proposed Barton Center Redlands. 14. Marigold Avenue from San Bernardino Avenue to California Street. 11. "A", "B" and €€C" Streets within the proposed Marigold Business Park. E. Construction of sewer facilities, including 8-inch through 18-inch diameter sewer mains, sewer laterals, manholes and appurtenant work on the following streets: 1. Lugonia Avenue from California Street to Mountain View Avenue. 2 . Bryn Mawr Avenue from Lugonia Avenue to "B" Street within the proposed Marigold Plaza. 3 . "A" and "B€€ Streets within the proposed Marigold Plaza. 4. Victoria Avenue, Almond Avenue and Streets "A" , "Bit f €€C€€ ' "D" and "E'€ within the proposed Barton Center Redlands. -5- BJS764Z7 5. Marigold Avenue from San Bernardino Avenue to California Street. 6. California Street from San Bernardino Avenue northerly approximately 4 , 000 feet. 7. '"A'" , "B" and "C" Streets within the proposed Marigold Business Park. F. Construction of additional miscellaneous improvements including: 1. Enhanced intersection signage. 2 . Park improvements and landscaping. Section 2 . Description of Assessment District. The improvements will be of direct benefit to properties and lands within a district which is hereby declared to be the district benefited by the improvements and to be assessed to pay the coasts and expenses thereof. Said district shall be known as "Assessment District No. 91-1, City of Redlands, County of San Bernardino, State of California, " and shall be all that part of the City having the exterior boundaries as shown on a map of the district entitled "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 91-1, CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA" (the "Assessment District") , which map is on file in the office of the City Clerk. Reference is hereby made to said map for a full and complete description of the Assessment District and said map shall govern for all details as to the extent of the Assessment District. Section 3 . Report of Engineer. The proposed improvements are hereby referred to NBS/Lowry Incorporated (the -6- BJS76427 "Assessment Engineer") , and the Assessment Engineer is hereby directed to make and file with the City Clerk of the City of Redlands a report (the "Report") in writing containing, insofar as applicable, the following: (a) Plans and specifications of the proposed improvements which shall indicate the class and type of improvements to be provided for each zone within the Assessment District; (b) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvements, if the works, appliances, or property are to be acquired as part of the improvements; (c) An estimate of the cost of the proposed work and improvements and of the cost of lands, rights-of-way, easements, and incidental expenses in connection therewith, including any cost of registering bonds; (d) A diagram showing: (i) the exterior boundaries of the Assessment District, (ii) the boundaries of the zones within the Assessment District, and (iii) the lines and dimensions of each parcel of land within the Assessment District. Each subdivision or parcel, including each separate condominium interest, as defined in Section 783 of the Civil Code, shall be given a separate number upon said diagram; (e) A proposed assessment of the total amount of the cost and expenses of the proposed improvements upon the several -7- BJ576427 subdivisions or parcels of land in the Assessment District in. proportion to the estimated benefits to be received by said sub- divisions, respectively, from the improvements. The assessment shall refer to such subdivisions by their respective numbers as assigned pursuant to subdivision (d) of this Section 3 . (f) A proposed maximum annual assessment upon each of the several subdivisions of land in the district to pay costs incurred by the city and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds. Section 4 . Bonds. It is hereby determined and declared and notice is hereby given that serial bonds or term bonds, or both, to represent and be secured by the unpaid amount of the assessment which will be levied to pay the costs and expenses of the improvements, and to bear interest at the rate of not to exceed 12 percent per annum, shall be issued in the manner provided by Division 10 of the Streets and Highways Code, the Improvement Bond Act of 2915, and the last installment of such bonds shall mature not later than 39 years from the second day of September next succeeding 12 months from their date; provided that such bonds may bear a variable rate of interest. The amount of principal of the bonds maturing in each year plus the amount of interest payable in that year will be an aggregate amount that is equal each year except for the moneys falling due on the first series of the bonds BJS76427 which will be adjusted to reflect the amount of interest earned from the date when the bonds bear interest to the date when the first interest is payable on the bonds. Section 5. Special Reserve Fund. Pursuant to Part 16 (commencing with § 8880) of Division 10 of the Streets and Highways Code,there shall be included in the assessment to be levied on the land in the Assessment District, as an incidental expense of the proceedings, an amount not to exceed 10 percent of the amount of the bonds to be issued to create a special reserve fund for the bonds. Said special reserve fund shall be identified as the "Assessment District No. 91-1 Special Reserve Fund, " and upon receipt of the proceeds of the sale of the bonds, said amount shall be transferred to said special reserve fund. Said special reserve fund shall constitute a trust fund for the benefit of the bond holders, and shall be maintained, administered, used, transferred, reimbursed and liquidated as provided in said Part 16. Section 6. Collection of Assessments and Advance Retirement of Bonds. The procedures set forth in Part 11. 1 of Division 10 of the Streets and Highways Code shall be followed in the collection of assessments and advance retirement of bonds. Section 7 . Refunding of Bonds. The City Council determines that the bonds to be issued pursuant to Section 4 hereof may be refunded pursuant to Division 11. 5 (commencing with § 9500) of the Streets and Highways Code on the following conditions: -9- BJS76427 (a) The maximum interest rate on the refunding bonds shall not exceed the maximum rate permitted by law at the time of the refunding; (b) The maximum number of years to maturity of the refunding bonds shall not exceed the remaining number of years to maturity of the bonds to be refunded; and (c) Any adjustment to assessments resulting from the refunding will be done on a pro-rata basis. Section S . No Obligation to Cure Deficiency in Redemption Fund. The City Council determines and declares pursuant to Section 8769 of the Streets and Highways Code 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 9 . Disposition of Surplus Funds. If after completion of the improvements and the payment of all claims from the improvement fund the City Council shall determine that a surplus remains in the improvement fund by reason of the assessment and any supplemental assessment levied for the improvements, any such surplus shall be used as follows: (a) For transfer to the general fund of the City of an amount not to exceed the lesser of $1, 000.00 or five (5) percent of the total amount expended from the improvement fund; -10- BJS76427 (b) As a credit upon the assessment and any supplemental assessment, in the manner provided in Section 10427 . 1 of the Streets and Highways Code; (c) For the maintenance of the improvements; or (d) To call bonds, thereby reducing outstanding assessments and subsequent assessment installments. Section 10. Proceedings Under the Special Assessment Investigation. Limitation and Majority Protest Act of 1931. The City Council intends to comply with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Division 4 (commencing with § 2800) of the Streets and Highways Code, by proceeding under Part 7 . 5 (commencing with § 2960) of said Division 4 . In addition to the matters provided for in Section 3 hereof, there shall be included in the report provided for therein the following information: (a) the total amount, as near as may be determined, of the total principal of all unpaid special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated in the instant proceedings, which would require an investigation and report under said act against the total area proposed to be assessed; and (b) the total true value, as near as may be deter- mined, of the parcels of land and improvements which are proposed to be assessed. Pursuant to Sections 2961 and 2980 of the Streets -11- BJS76427 and Highways Code, such total true value shall be the full cash value of such land and improvements as defined in Article XIII A of the California Constitution as shown upon the last equalized assessment roll of the County of San Bernardino. Section 11. Property Owners Taking Contract. It is hereby determined and declared that the public interest will not be served by allowing the owners of the lands assessed or liable to be assessed, or their agents, to take a contract for the construction and installation of the improvements. Section 12 . Adjustment of Grade on Private Property. Wherever it is necessary to eliminate any disparity in level or size between said improvements and private property, it is in the public interest and more economical to do such work on private property than to adjust the work on public property to eliminate such disparity. Section 13 . Effective Date. This Resolution shall take effect upon adoption. ADOPTED, SIGNED AND APPROVED this 12th day of November, 1991. Mayor of it of R, lands ATTEST: Citli' Clerk of tK ,-City of Redlands -12- BJS76427 I, Lorrie Poyzer, City Clerk of the City of Redlands, do hereby certify that the foregoing resolution was adopted by the City Council of the City of Redlands at an adjourned regular meeting thereof held on the 12th day of November, 1991 by the following vote, to wit: AYES: Councilmembers Cunningham, Larson, Milson; Mayor DeMirjyn NOES: None ABSENT: Councilmember Beswick ABSTAINED: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Redlands this 12th day of November, 1991. City lrk of t. e)City of Redlands, California -13- BJS76427