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Res 95-003 RESOLUTION NO. 95- 003 A RESOLUTION APPOINTING AN ENGINEER OF WORK FOR ASSESSMENT DISTRICT NO. 95-01 (HIGH VALLEY ROAD SYSTEM IMPROVEMENTS) RESOLVED, by the City Council of the City of Poway, California, as follows: WHEREAS, this Council proposes to undertake proceedings pursuant to appropriate special assessment and assessment bond acts for the acquisition, construction and financing of certain public improvements in this City; and WHEREAS, the public interest and general welfare will be served by appointing and employing an engineer of work for the proceedings; NOW, THEREFORE, IT IS ORDERED as follows: Berryman & Henigar, San Diego, California, is appointed and retained as Engineer of Work; its compensation to be, and it is hereby fixed at a reasonable fee for such services, as described in their proposal attached hereto and labeled Attachment 1. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting thereof on this 31st day of January, 1995. ATTEST: STATE OF CALIFORNIA) ) SS. COUNTY OF SAN DIEGO) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 95-003 was duly adopted by the City Council at a meeting of said City Council on the 31 day of January , 1995, and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, EMERY, REXFORD NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON Wahlsten, City Clerk Resolution No. 95-003 Page 2 EXHIBIT A SCOPE OF WORK Assessment Engineering Services The following Scope of Work describes services for the preparation of an Engineer's Report and administration of the assessments as required under the procedures of the Municipal Improvement Act of 1913 for the High Valley project for the City of Poway. Specific services to be provided include: BASIC SERVICES TASK 1 - CONCEPTUAL FINANCING PLAN APPROVAL TO RESOLUTION OF INTENTION Ao Gather research materials, maps, assessor's parcel information, direct and indirect cost estimates and related data as required to update the assessment study. Verify district boundary and zones of benefit. Identify and exclude governmental lands. Ascertain utility-owned property. Update methodology as needed for the assessment spread based upon the Conceptual Financing Plan and any new information or requirements. Co Prepare Boundary Map and Assessment Diagram of the proposed District. Prepare and deliver a specified quantity of mylars and bluelines as ordered by the Agency. Do Prepare a Preliminary Engineer's Report including estimated costs, incidental expenses, assessment roll, method of assessment, District Procedural Certificates, description of work, assessment diagram and engineer furnished plans and specifications as required under the act for City review. Furnish City specified amount of copies of the Preliminary Engineer's Report for review and comment. Identify the requirements for the establishment of a reimbursement district or other mechanism to allow the modification of assessments/fees on those parcels which voluntarily elect to develop to a gross density of greater than three dwelling units. Complete Preliminary Engineer's Report for City Council approval and furnish specified amount of copies of the Preliminary Engineer's Report as ordered by the Agency. Berryman & Henigar will provide sample resolutions and sample mailed notices to the City and/or Bond Counsel for final text preparation. mrlang\poway~high-val.j rn¢ 1 ATTACHMENT 1 EBerrj~mtn ~ ltenignr Resolution No. 95-003 Page 3 TASK 2 . ESTABLISH REIMBURSEME~NT DISTRICT Ao Prepare a draft ordinance for review by City Attorney and/or Bond Counsel which would establish a reimbursement district which was coincidental with the boundaries of the assessment district. B. Meet with City staff to review draft ordinance and make any changes requested. Prepare estimate schedule of fees based on the term of the bonds to be issued by the assessment district. D. Attend City Council meetings for adoption of ordinance. TASK 3 - RESOLUTION OF INTENTION TO PUBLIC I-W. ARING Record the Boundary Map with the responsible local official and the County Recorder as provided under the Act. Bo Label and mail City-prepared (by bond counsel) notices to all property owners within the boundary of the proposed district as listed on the last equalized County Assessors' Roll on the date the services for the Report are authorized. Co Update and amend the Preliminary Engineer's Report to reflect final estimated construction costs and project financing costs. Furnish City specified amount of copies of the Final Engineer's Report for City review and comment. Amend Boundary Map and Assessment Diagram of the proposed district. Amend, correct and deliver a specified quantity of mylars and bluelines as ordered by the Agency. Eo Complete Final Engineer's Report and furnish specified amount of copies of the Final Engineer's Report as ordered by the Agency. Calculate percentage of property owner protest by area through the close of the public hearing. The City will determine whether a written letter is a legal protest or not. TASK 4 - PUBLIC HEARING THROUGH RECORDATION OF PAIl) ASSESSMENTS Make amendments and corrections to the Boundary Map and Assessment Diagram and prepare confhmed report, as ordered by City Council pursuant to the Public Hearing. Furnish specified amount of copies of the confizmed Engineer's Report as ordered by the Agency. rarlang\poway~high-val .j mc Bo Resolution No. 95-003 Page 4 Label and mail City-prepared (by bond counsel) notices for the cash collection, notice of confim~ed lien amounts, to all property owners listed in the confirmed Engineer's Report. Record Assessment Diagram of the district and confirmed liens for each parcel within the district. After cash collection period, prepare a list of paid and unpaid assessments and submit to County Treasurer. Recordation of List of Paid Assessments. Record list of paid assessments to be deleted from the Auditor/Controller's records. TASK 5 - MEETINGS A. Bo Attend project team meetings to develop information, and review results of preliminary and final reports. Attend property owner meetings when requested by the City. Attend City Council meeting for Resolution of Intention to from the 'Assessment District. D. Attend the public meeting and public hearing for Resolution of Formation. TASK 6 - DISTRICT ADMINISTRATIVE SERVICES Bo Determine if any parcels have had their assessments paid off within the last fiscal year. If so, zero out their assessments. Determine if there have been any bond calls within the last fiscal year. If so, adjust the debt service schedule. Update data base for the assessment district based upon the latest County Assessor's records and other data. If parcels have been modified, recalculate their respective principal amounts. Calculate the total amount to collect for the current fiscal year including: Principal Amount Interest Amount Administrative Charges D. Calculate the ensuing year's special assessment amount for each parcel. rm'k'lng\poway~hlgh-v al .jmc Berryman & Henigar Resolution No. Page 5 Prepare a magnetic tape containing current year's special assessment information for submittal to the County Assessor's Office. Fo Reconcile rejected parcels from the County, if any, and resubmit to the County Assessor. Prepare manual invoice for any assessments which cannot be collected on the County Tax Roll. Prepare a final summary report for the City indicating the projected revenues, parcel changes, assessment payoffs, bond calls, parcel amortization schedules etc. for the assessment district. Provide prepayment quotes or parcel amortization schedules upon request. Coordinate Release of Lien as requested. Respond to inquiries from property owners and other parties regarding annual assessments or district proceedings. TASK 7 - ASSESSMENT APPORTIONMENT SERVICES Review parcel changes from prior year and provide City with property owner application for Division of Land & Bond. Bo Prepare the legally required apportionment package and amended diagram in accordance with the provisions of the Streets and Highways Code. After apportionment package and diagram have been completed, submit to City for required signatures. C. Record the amended assessments and diagram with the County Recorder. D. Provide the City with a final copy of all documentation associated with the reapportionment process (e.g. notices, diagram, letters etc.) TASK 8 - DELINQUENT SERVICES A° Check with the County Tax Collector each January and May to determine which parcels have delinquent assessments. B. Prepare a delinquency list in February and June of each year for City review. C. Prepare and mail City approved delinquency letters t6 the delinquent property owners. Do Re-check with the County Tax Collector each March and July to determine which parcels still remain delinquent. Prepare a final delinquency report in March and July of each year to the City for commencement of foreclosure proceedings. 95-003 rnrklng\poway~high-val.j mc OTI~R SERVICES AS AUTHORIZED A. B. Resolution No. 95-003 Page 6 Prepare displays and/or audio-visual materials, as requested by the City. Additional mailings of notices to property owners not listed on last equalized roll of the County Assessor. C. Provide additional copies of reports, maps or diagrams. D. Prepare utility agreements as required by other agencies for drainage, sewer or other utilities. E. Prepare right-of-way acquisition legal descriptions or mapping thereof. F. Any other services desired and authorized by the City. RESPONSIBILITIES OF ~ CITY (Scope of Work Tasks 1-5) 1. City to designate a responsible official to manage and coordinate the project. 2. City shall make available to Berryman & Henigar all available data, info~',nation, reports, maps, plans, specifications, and other reasonable information for the proper performance for consultant's services. 3. City shall prepare (by Bond Counsel) all notices pertaining to the public hearings. 4. City (by Bond Counsel) shall cause to be published all notices of public hearings or other meetings (i.e., newspaper and posting). 5. City (by Bond Counsel) shah prepare all required resolutions. 6. All environmental documentation will be provided by others. 7. City shall retain a qualified legal counsel to provide legal advice during the process. 8. City shah retain a qualified real estate appraiser to provide appraised values of the property included in the formation and annexation process, as required. 9. City shall distribute Engineer's Reports to property owners, proje:t team, City Council and other parties. 10. City to provide records of previous assessment obligation and encumbering proposed areas. mrktng\poway~high-val .j mc ~Berrj, mnn It tlenJgttr Resolution No. 95-003 Page 7 11. City shall schedule and agendize meetings and hearings as required under the Act. 12. City shall provide, in specified tape format, previous assessor's roll. RESPONSIBILITIES OF TI~ CITY (Scope of Work Tasks 6-8) 2. 3. 4. Assist in the calculation and review of fund balances and earned interest income. Assist in the verification of assessment payoffs and bond calls. Review and approve delinquency letters. Obtain delinquent list from the County for each district in January and May of each year. Provide legal counsel as required. mrlang\poway~high-val.jmc B~rrjtmtn & ltenJgnr Resolution No. 95-003 Page 8 o EXHIBIT B HIGH VAI.LEY ROAD IMPROVEMENT DISTRICT FORMATION SCHEDULE A~ivity Notice to proceed given to Berryman & Henigar. Prepare Assessment Engineer's Report and Reimbursement District Ordinance - submit draft to City staff. Assessment Engineer's Report and Reimbursement District Ordinance - receive City staWs comments. Assessment Engineer's Report and Reimbursement District Ordinance - review with High Valley Board and property owners. Submit Assessment Engineer's Report and Reimbursement District Ordinance to City Council - Resolution of Intention to form Assessment District; First Reading of Reimbursement District Ordinance. Send out notices to property owners for the public meeting and public hearing. Conduct Public Meeting - informational meeting for property owners. Conduct Public Hearing - to consider forming Assessment District; Consider adoption of ordinance for Reimbursement District. Target Date January 31, 1995 July 17, 1995 August 1995 September 5, 1995 thru October 20, 1995 Council action November 7, 1995 by November 22, 1995 December 14, 1995 Council action January 9, 1996 9. Conduct 30-day cash collection period. 10. Sell bonds, award construction bid. Note: See attached Municipal Improvement Act of 1913, Steps for Formation of an Assessment District. start January l6, 1996 February23, 1996 tng\poway~igh-val.j me )<esolutlon No.15-O0~ MUNICIP,-d.. IMPROVEMENT AC. OF' 1913~a~e ~ STEPS FOR FORMATION OF AN ASSESSMENT DISTRICT SO% Property Owners Waiving 1931 act Combined 1951/1913 Preliminary Ret~ort itttention To Form Dirtrict And S~t Hearings ~gine~r Prepares 1913 ~ A~t ,Prelim~ar~ Report IPlan~ and Specz Advertised Published Bids O~ened 45 Days Before Hearing (not required) Publitk Notice Mail A~__~,nent Notice To Property Owner Putt Notice Agency Condut~ Public Meeting Agency Conducts Public Hearing Reviews Protests Hearing Abandon Proceedings Order lmprovement.~ Form District Confirm Asse~ment $0 Day Cash Collection Sell Bonds Congtruct Improvements Resolution No. 95-003 Page 10 EXHIBIT C FEE SCHEDULE Based upon the Scope of Work, Berryman & Henigar proposes compensation for the services and deliverables described in Exhibit A, "Scope of Work", as follows: Percent Task Descriution F~ Comulete Conceptual Financing Plan Approval to ROI (Task 1) $16,000 100% at ROI (Lump Sum) Establish Reimbursement District (Task 2) $1,500 (Lump Sum) 100% at ordinance adoption ROI To Public Hearing (Task 3) $6,500 100% at (Lump Sum) Public Hearing Public Hearing to Recordation of Paid Assessments (Task 4) $ 2,000 100% at (Lump Sum) Recordation Meetings and Reimbursables (Task 5) Project meetings (Tasks 1 thru 3) and project expenses, including printing, binding, mileage and postage. (Time and Materials; estimate of $7,000) as costs are incurred District Administrative Services (Task 6) $2,500/year (Lump Sum) 100% upon submittal to County Auditor/ Controller Assessment Apportionment Services $1,500 + $50/parcel (Task 7) (per application) as costs are incurred Delinquent Services (Task 8) $2,000/yr + $50/letter as costs are incurred Berryman & Henigar will invoice the City monthly for services performed during the previous month up to the percent complete indicated above. Additional Services shall be provided as authorized by the City. Fees for Additional Services will be charged on a time and materials basis and will be invoiced monthly based upon the Schedule of Hourly Rates per Engineering Services contract with the City of Poway. mrktng\poway~high-val .j mc ~Berrj~man d Henigar