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.
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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.
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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.
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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
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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.
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~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.
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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
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)<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.
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~Berrj~man d Henigar