HomeMy WebLinkAboutReso 2-1979JHHW:KIJ:pl
12/13/78
RESOLUTION NO. 2-79
A RESOLUTION OF INTENTION TO
MAKE IMPROVEMENTS
DOWNTOWN REVITALIZATION PROJECT NO. ST79-1
ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of South San Francisco, San
Mateo County, California, that the public interest, convenience and necessity
require, and that it intends to order the making of the improvements described
in Exhibit A attached hereto and made a part hereof.
1. All of said work and improvements 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 elevations, as shown and delineated
upon the plans, profiles and specificiations to be made therefor, as
hereinafter provided. There is to be excepted from the work above described
any of such work already done to line and grade amd marked excepted or shown
not to be done on said plans, profiles and specifications. 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 is shown on said plans to be done therein.
Said streets and highways are more particularly shown in the records in the
office of the County Recorder of San Mateo County, State of California, and
shall be shown upon said plans.
2. Notice is hereby given of the fact that in many cases said work and
improvement will bring the finished work to a grade different from that
formerly existing, and that to said extent said grades are hereby changed and
that said work will be done to said changed grades.
3. In cases where there is any disparity in level or size between the
improvements proposed to be made herein and private property and where it is
more economical to eliminate such disparity by work on said private property
than by adjustment of the work on public property, it is hereby determined
that it is in the public interest and more economical to do such work on
private property to eliminate such disparity. In such cases, said work on
private property shall, with the written consent of the owner of said
property, be done and the actual cost thereof may be added to the proposed
assessment of the lot on which said work is to be done.
4. This Council does hereby adopt and establish as the official grades
for said work the grades and elevations to be shown upon such plans, profiles
and specifications. All such grades and elevations are to be in feet and
decimals thereof with reference to the datum plane of said City.
5. The descriptions of the improvements and the termini of the work
contained in this Resolution are general in nature. All items of work do not
necessarily extend for the full length of the descriptions thereof. The plans
and profiles of the work and maps and descriptions are contained in the
Engineer's Report, hereinafter directed to be mad~ and filed, shall be
controlling as to the correct and detailed description thereof.
6. Said contemplated acquisitions and improvements, in the opinion of
this Council, are of more than local or ordinary public benefit, and the costs
and expenses thereof are made chargeable upon an assessment district, the
exterior boundaries of which are shown on a map thereof on file in the office
of the City Clerk, to which reference is hereby made for further particulars.
Said map indicates by a boundary line the extent of the territory included in
the proposed district and shall govern for all details as to the'extent of the
assessment district.
7. This Council declares that all public streets, highways, places and
alleys within said assessment district in use in the performance of a public
function, and all lands owned by the United States and the State of
California, or any departments thereof, shall be omitted from the assessment
hereafter to be made to cover the costs and expenses of said improvements.
8. Except as herein otherwise provided for the issuance of bonds, all
of said work shall be done as provided in the Municipal Improvement Act of
1913.
9. Said improvements are hereby referred to Robert S. M.'¥ee,
Engineer of Work, and said Engineer of Work is hereby directed to make and
file with the City Clerk a report in writing, presenting the following:
(a) Maps and descriptions of the lands and easements to be
acquired, if any;
(b) Plans and specifications of the proposed improvements to be
made pursuant to this Resolution;
(c) Engineer's estimate of the total costs and expenses of said
acquisitions and improvements and of the incidental expenses in connection
therewith;
(d) Diagram showing the assessment district above referred to, and
also the boundaries and dimensions of the respective subdivisions of land
within said district as the same existed at the time of the passage of this
Resolution, each of which subdivisions shall be given a sep'arate number upon
such diagram;
(e) A proposed assessment of the total amount of the cost and
expenses of said acquisitions and improvements upon the several subdivisions
of land in said district in proportion to the estimated benefits to be
received by such subdivisions, respectively, from said acquisitions and
improvements. Said assessment shall refer to said subdivisions by their
respective numbers as assigned pursuant to subdivision (d) of this section.
When any portion or percentage of the costs and expenses of said
acquisitions and improvements is to be paid from sources other than
assessments, the amount of such portion or percentage shall first be deducted
from the total estimated costs and expenses of said acquisitions and
improvements, and said assessment shall include only the remainder of the
estimated cost and expenses.
10. If any excess shall be realized from the assessment it shall be
used, in such amounts as this Council may determine, in accordance with the
provisions of law, for one or more of the following purposes:
(a) Transfer to the general fund of said City, provided that the
amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the
total amount expended from the improvement fund;
(b) As a credit upon the assessment and any supplemental
assessment; or
(c) For the maintenance of the improvements.
11. Frank Addiego, Director of Public Services of the City of'South San
Francisco, is hereby designated as the person to answer inquiries regarding
any protest proceedings to be had herein, and may be contacted during regular
office hours at 400 Grand Avenue, South San Francisco, California 94080 or by
calling' (415) 873-8000.
12. To the extent that any of the work, rights, improvements and
acquisitions indicated in the Engineer's Report, to be made as provided
herein, are shown to be connected to the facilities, works or systems of, or
are to be owned, managed and controlled by, any public agency other than said
City, or of any public utility, it is the intention of said Council to enter
into an agreement with said City or public utility pursuant to Chapter 2
(commencing with Section 10100) of Division 12 of the Streets and Highways
Code, which agreement may provide for, among other matters, the ownership,
operation and maintenance by said agency or utility of such works, rights,
improvements and acquisitions, and may provide for the installation of all or
a portion of such improvement by said agency or utility and for the providing
of service to the properties in the area benefiting from said work, rights,
improvements and acquisitions by said agency or utility in accordance with
itsrates, rules and regulations, and that said agreement shall become
effective after proceedings have been taken for the levy of the assessments
and sale of bonds and funds are available to carry out the terms of any such
agreement.
13. Notice is hereby given that serial bonds to represent unpaid
assessments, and bear interest at the rate of not to exceed eight percent (8%)
per annum, will be issued hereunder in the manner provided by the Improvement
Bond Act of 1915, Division 10 of the Streets and Highways Code, the last
installment of which bonds shall mature not to exceed nineteen (19) years from
the second day of July next succeeding ten (10) months from their date.
14. The provisions of Part ll.1 of the Streets and Highways Code,
providing for an alternative procedure for the advance payment of assessment
and the' calling of bonds, shall apply to bonds issued pursuant to paragraph 13
above.
15. Reference is hereby made to proceedings had pursuant to Division 4
of the Streets and Highways Code which are on file in the office of the City
Clerk.
16. Notice is hereby given that, in the opinion of this Council, the
public interest will not be served by allowing the property owners to take the
contract for the construction of the improvements and therefore that, pursuant
to Section 10502.4 of the Streets and Highways Code, no notice of award of
contract shall be published.
I hereby certify that the foregoing resolution was regularly introduced
and adopted by the City Council of the City of South San Francisco at a
regular meeting held on this 3rd day of January , 197__~9, by the following
vote:
AYES, Councilmembers:
NOES, Counci lmembers'
Ronald G. Acosta, William A. Borba, Emanuele N. Damonte,
Terry J. Mirri and Roberta Cerri Teglia
None
ABSENT, Counci lmembers: None
ATTEST:
/~ City Clerk
EXHIBIT "A"
General Description of Improvements
Downtown Revitalization Project No. 79-1
a) The improving of Grand Avenue from Airport Boulevard to Spruce
Avenue by constructing decorative sidewalks and crosswalks, street furniture
and kiosks, street trees and landscaping, landscaped center islands, bus stop
facilities, street lighting facilities, utilities, storm drains and all
necessary related facilities and structures, and the acquiring of necessary
property for the improvements.
b) The performance of all work and the acquiring of all property and
rights auxiliary to any of the above and necessary to complete the same.