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HomeMy WebLinkAboutReso 19-2021 (21-42)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Igo Resolution: RES 19-2021 File Number: 21-42 Enactment Number: RES 19-2021 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO TO INCUR BONDED INDEBTEDNESS WITHIN PROPOSED CITY OF SOUTH SAN FRANCISCO COMMUNITY FACILITIES DISTRICT NO. 2021-01 (PUBLIC FACILITIES AND SERVICES), CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA. WHEREAS, the City Council of the City of South San Francisco (the "City Council") upon receipt of a petition as provided in Section 53318 of the Government Code of the State of California instituted proceedings pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act"), as amended, to form City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California ("Community Facilities District No. 2021-01" or the "District"), all pursuant to Resolution No. 18-2021 adopted by the City Council on the date hereof, and WHEREAS, the purpose of the proposed District is to finance (1) the purchase, construction, modification, expansion, improvement or rehabilitation of public facilities, including all furnishings, equipment and supplies related thereto (collectively, the "Facilities") and certain costs with respect to forming and administering the District (the "Incidental Expenses") as described in Attachment "A" hereto and incorporated herein by this reference; and (2) the services described in Attachment `B" to Resolution No. 18- 2021; and WHEREAS, the City Council estimates the amount required to finance the Facilities and Incidental Expenses is approximately $105,000,000; and WHEREAS, in order to finance a portion of the Facilities and Incidental Expenses, the City Council intends to authorize the issuance of bonds in the maximum aggregate principal amount of $105,000,000 within the proposed District, the repayment of which is to be secured by special taxes levied in accordance with Section 53328 of the Act on all property in the proposed District, other than those properties exempted from taxation in the rate and method of apportionment set forth in Attachment "C" to Resolution No. 18-2021; and NOW, THEREFORE, the City of South San Francisco, does hereby resolve as follows: 1. The above recitals are true and correct. 2. It is necessary to incur bonded indebtedness in one or more series within the boundaries of proposed Community Facilities District No. 2021-01 in an amount not to exceed $105,000,000 to finance the costs of the Facilities and Incidental Expenses, as permitted by the Act. 3. The bonded indebtedness of the proposed District will be incurred for the purpose of financing the costs of the Facilities and the Incidental Expenses, including, but not limited to, the funding of reserve funds for the bonds, the financing of costs associated with the issuance of the bonds and all City of South San Francisco Page 1 File Number: 21-42 Enactment Number. RES 19-2021 other costs and expenses necessary to finance the Facilities which are permitted to be financed pursuant to the Act. It is the intent of the City Council to authorize the sale of bonds in one or more series and at a maximum interest rate not in excess of 12 percent per annum, or a higher rate not in excess of the maximum rate permitted by law at the time that the bonds are issued. The term of the bonds of each series shall be determined pursuant to a resolution of the City Council, acting as the legislative body of the District, authorizing the issuance of the bonds of such series, but such term shall in no event exceed 35 years from the date of issuance of the bonds of such series, or such longer term as is then permitted by law. 5. A public hearing (the "Hearing") on the proposed issuance of bonded indebtedness shall be held at 7:00 p.m. or as soon thereafter as practicable, on March 10, 2021, at the Community Room of the Municipal Services Building, 33 Arroyo Drive, South San Francisco, California 94080 or at a virtual location established by the City Council. 6. At the time and place set forth in this Resolution for the Hearing, any interested persons, including all persons owning land or registered to vote within proposed Community Facilities District No. 2021-01 may appear and be heard. 7. The City Clerk is hereby directed to publish a notice (the "Notice") of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of proposed Community Facilities District No. 2021-01. Such publication shall be completed at least seven days prior to the date of the Hearing. The City Clerk is further directed to mail a copy of the Notice to each of the landowners within the boundaries of proposed Community Facilities District No. 2021-01 at least 15 days prior to the Hearing. 8. This resolution shall take effect immediately upon its passage. At a meeting of the City Council on 1/27/2021, a motion was made by Councilmember Nicolas, seconded by Vice Mayor Nagales, that this Resolution be approved. The motion passed. Yes: 4 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, and Councilmember Coleman Attest by OL �� osa Govea Acosta, City Clerk City of South San Francisco Page 2 ATTACHMENT A Types of Facilities To Be Financed By City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services) The facilities set forth below (the “Facilities”) are proposed to be financed or funded in whole or in part by City of South San Francisco, County of San Mateo, State of California” (the “District”). The authorized Facilities shall be owned and operated by the City or another public agency, and shall be constructed, whether or not acquired in a completed state, pursuant to the plans and specifications approved by the City and its officials. I. Roadway and Transportation Improvements Authorized Facilities include any and all on-site and off-site publicly-owned roadway and transportation facilities required to meet the needs of development within the District. Eligible improvements include, but are not limited to: acquisition of land and easements; design; project management; clearing, grubbing, and demolition; grading, soil import/export; paving, and decorative/enhanced pavement concrete and/or pavers; bridge crossings and culverts; joint trenches, underground utilities and undergrounding of existing utilities; dry utilities and appurtenances; curbs, gutters, sidewalks, bike trails (including onsite and off-site); enhanced fencing, and access ramps; street lights; intersections, signalization, and traffic signal control systems; bus turnouts and bus shelters; signs and striping; erosion control; median and landscape corridor landscaping and irrigation; masonry walls; traffic control and agency fees; and other improvements related thereto. II. Water System Improvements Authorized Facilities include any and all water facilities required to meet the needs of development within the District. Eligible improvements include, but are not limited to: acquisition of land and easements; potable water storage, groundwater wells, storage tanks, distribution facilities including pipelines and appurtenances, gate valves, flow meters, booster pump pressurization system, and other improvements related thereto III. Recycled Water System Improvements Authorized Facilities include any and all recycled water system facilities required to meet the needs of development within the District. Eligible improvements include, but are not limited to: acquisition of land and easements; recycled water storage, treatment and distribution facilities including pipelines and appurtenances, gate valves, storage tanks, flow meters, booster pump pressurization system, and other improvements related thereto. IV. Drainage System Improvements Authorized Facilities include any and all drainage and storm drain improvements required to meet the needs of development within the District. Eligible improvements include, but are not limited to: acquisition of land and easements; design; project management; mains, pipelines and appurtenances; outfalls and water quality measures; temporary drainage facilities; detention/retention basins and drainage pretreatment facilities; drainage ways/channels; pump stations; landscaping and irrigation; access roads, gates, and fencing; striping and signage; and other improvements related thereto where required. V. Wastewater System Improvements Authorized Facilities include on-site and off-site facilities required to meet the conveyance needs of development within the District. Eligible improvements include, but are not limited to: acquisition of land and easements; design; project management; pipelines and all appurtenances thereto; manholes; tie-in to existing main line; force mains; lift stations; odor control facilities; sewer treatment plant improvements; and other improvements related thereto. VI. Parks, Trails, Landscaping, and Open Space Improvements Authorized Facilities include on-site and off-site park, trail, landscaping and open space facilities required to meet the needs of development within the District. Eligible improvements include, but are not limited to: acquisition of land and easements; design; project management; grading; turf and irrigation; trees and shrubs; sidewalks pathways and trails: masonry sound walls; sports fields, sport courts, playground equipment, picnic areas, benches, drinking fountain and bathrooms; other related hard and soft-scape improvements along roadways and adjacent to or within parks, open space, drainage channels and detention basins; bike trails, bike/pedestrian bridges; storm drain crossings; publicly-owned improvements required for wetland mitigation, tree mitigation, off-site hawk mitigation, and/or agricultural mitigation; landscaping and irrigation, access gates and fencing and related open space improvements. VII. Fire Station Fire Facilities, including but not limited to fire stations, apparatus, and facilities and equipment required to meet the needs of development within the District. Eligible improvements include, but are not limited to: acquisition of land and easements; construction; relocation; rehabilitation; replacement; leasing; repair; planning; design; engineering; soils testing; construction staking; construction coordination and inspection; furniture, fixtures, and equipment; and other improvements related thereto. VIII. Impact Fees The District will also finance any fees payable to the City, the proceeds of which will be used to fund all or a portion of the cost of any Facilities described above. 1. Traffic or Transportation Impact Fee 2. Oyster Point Grade Separation Fee 3. East of 101 Sewer Impact Fee 4. Sewer Capacity Fee 5. Bicycle and Pedestrian Impact Fee 6. Parkland Acquisition & Construction Fee 7. Public Art/Transit Enhancement Fee 8. Childcare Impact Fee 9. Public Safety Impact Fee 10. Mass Decontamination Fee IX. Other Public Improvements Any and all other public improvements authorized under the Mello-Roos Community Facilities Act of 1982 and otherwise necessary to meet the needs of development within the District. X. Private Utility Facilities 1. Natural Gas Distribution 2. Electrical Distribution 3. Telephone 4. Cable Television 5. Other Private Utility Facilities as Authorized by the Mello-Roos Act XI. Administrative and Incidental Expenses In addition to the above Facilities and services, other incidental expenses that may be financed by the District include but are not limited to the following: the cost of planning, permitting, approving and designing the authorized Facilities (including the cost of environmental evaluation, orthophotography, environmental remediation/mitigation); land acquisition and easement payments for authorized Facilities; project management, construction staking; engineering studies; utility relocation and demolition costs incidental to the construction of the public Facilities; and any other expenses incidental to the construction, completion, and inspection of the Facilities and related expenses associated with any of the foregoing. In addition, the District shall fund the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District including, but not limited to: the levy and collection of the special taxes; the fees and expenses of attorneys; any fees related to the collection of special taxes; an allocable share of the salaries and benefits of any City staff, or consultant fees, directly related thereto and a proportionate amount of the City’s general administrative overhead related thereto; expenses incurred by the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent; administrative fees of the City and the bond trustee or fiscal agent related to the District and the bonds issued by or for the District; costs related to the formation of the District; reimbursement of costs related to the formation of the District advanced by City, the landowner(s) in the District or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the City, the landowner(s) in the District or any party related to any of the foregoing, for Facilities, fees or other purposes or costs of the District; costs related to the issuance of bonds by or for the District, including underwriters discount, reserve fund, capitalized interest, letter of credit fees and expenses, fees and expenses of bond counsel, disclosure counsel, special tax consultant, municipal advisor and appraiser, bond remarketing costs, and all other incidental expenses; and all other costs and expenses of the City in any way related to the District.