HomeMy WebLinkAboutReso 124-1979RESOLUTION NO. 124-79
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
SAN FRANCISCO APPROVING THE MEMBERS OF CITY OF SOUTH
SAN FRANCISCO PUBLIC FACILITIES CORPORATION, APPROVING
PLANS AND SPECIFICATIONS FOR MUNICIPAL SERVICES FACILI-
TIES, AUTHORIZING EXECUTION OF A SITE LEASE BETWEEN THE
CITY AND SAID CORPORATION, APPROVING RENTAL TO BE PAID
PURSUANT TO FACILITY LEASE FROM SAID CORPORATION TO THE
CITY, APPROVING FINANCING OF PUBLIC SAFETY FACILITIES BY
SAID CORPORATION, APPROVING FINANCING ARRANGEMENTS FOR THE
BONDS OF SAID CORPORATION, ACCEPTING GIFT OF BENEFICIAL IN-
TEREST IN MEMBERSHIP CERTIFICATES OF SAID CORPORATION AND
ACCEPTING GIFT OF TITLE TO SAID FACILITIES, APPROVING CON-
TRACT FOR CONSTRUCTION OF-PUBLIC SAFETY FACILITIES, AUTHOR-
IZING ASSIGNMENT OF ARCHITECTS', FINANCIAL CONSULTANTS' AND
BOND COUNSEL'S CONTRACTS TO SAID CORPORATION, AND ADOPTING
CONFLICT OF INTEREST CODE
WHEREAS, this City Council has heretofore determined that a municipal
services complex, containing a police department headquarters, fire station
and fire department administrative offices, parks .and recreation department
facilities, and a communications center, together with parking, site
development, landscaping, utilities, equipment and related facilities (the
"Project"), should be constructed for the use of the City of South San
Francisco, and the City owns a site for the Project (being the site described
in the site lease hereinafter mentioned); and
WHEREAS, the City has heretofore employed Goodwin B. Steinberg
Associates, architects, to prepare plans and specifications for the
construction of the Project; and
WHEREAS, said architects have prepared, and have caused to be prepared,
plans and specifications for the construction of the Project; and
WHEREAS, City of South San Francisco Public Facilities Corporation, a
nonprofit corporation (the "Corporation"), has heretofore been incorporated at
the direction of public-spirited residents of the City for the purpose of
providing financial assistance to the City in connectioh with the acquisition
and construction of the Project; and
WHEREAS, the Corporation has obtained public competitive bids for the
construction of the Project and is ready and willing to enter into a contract
for the construction of the Project with Arntz Contracting Co., Beacon
Construction Co., K. A. Construction Co., Kay Contracting Co. and Teaco, Inc.,
the lowest possible bidder, simultaneously with the issuance and sale of
bonds of the Corporation; and
WHEREAS, this City Council has determined and does hereby determine that
it is to the best interest of the City and necessary and proper for-municipal
purposes to enter into a site lease with the Corporation, and for the
Corporation to proceed with the financing and construction of the Project; and
..
WHEREAS, this City Council has heretofore by Ordinance No. 799-79,
adopted August 22, 1979, and effective September 22, 1979, determined to lease
the Project from the Corporation pursuant to a facility lease to be in
substantially the form of proposed facility lease submitted to this City
Council and approved, upon the determination of the rental to be paid by the
City under said lease by subsequent resolution of this City Council; and
WHEREAS, the Corporation has heretofore conducted a duly noticed public
hearing concerning the adoption of a Conflict of Interest Code by the
Corporation, and has adopted and presented said Code to this City Council for
consideration;
NOW, THEREFORE, BE~ IT RESOLVED by the City Council of the City of South
San Francisco, as follows:
1. All of the recitals herein are true and correct and this City
Council so finds.
2. The members of the Corporation, namely, Alphonse A. Seubert, Albert
P. Fourie and Augustine Terragno, are hereby approved.
3. The plans and specifications for the construction of the Project,
prepared by Goodwin B. Steinberg Associates, submitted to this City Council,
are hereby approved.
4. The form of lease, dated as of October l, 1979 and entitled "Site
Lease," from the City to the Corporation, submitted to this City Council, and
the terms and conditions thereof, are hereby approved. The City Clerk is
directed to file a copy of said form of lease 'with the minutes of this
meeting, and the Mayor and the City Clerk are authorized and directed to
execute and deliver a lease in substantially said form.
5. The City shall pay the amount of one hundred fifteen thousand eight
hundred eighty-two dollars ($115,882). semiannually, on or before the dates set
forth in said facility lease, to the Corporation as base rental under Section
3(a) of said facility .lease, and in addition shall pay such amounts as are
required for the payment of additional rental under Section 3(b) and for the
payment of advance rental under Section 3(c) of said facility lease. The
Mayor and the City Clerk are authorized and directed to execute and deliver a
lease in substantially the form heretofore approved by this City Council
pursuant to Ordinance No. 799-79, with the insertion of the rental figure
heretofore set forth.
6. The form of indenture, dated as of October l, 1979, proposed to be
entered into by the Corporation and United California Bank, as trustee,
submitted to this City Council, and the City of South San Francisco Public
2
Facilities Corporation 1979 Bonds, in an aggregate principal amount of not
exceeding $2,425,000, (the "Bonds") proposed to be issued by the Corporation
under said indenture, are hereby approved. The proposed sale of the Bonds by
the Corporation at the interest rates set forth in said indenture, to Merrill
Lynch White Weld Capital Markets Group and Associates, is hereby approved.
The City Clerk is directed to file a copy of said proposed indenture with the
minutes of this meeting.
7. The gift to the City of the beneficial interest in the outstanding
membership certificates of the Corporation, pursuant to a declaration of trust
proposed to be executed by Bank of America National Trust and Savings
Association, as trustee, is hereby accepted, to be effective when made. The
gift of the City of the beneficial interest in the Project, pursuant to said
facility lease and said site lease, is hereby accepted on the terms thereof.
8. The form of construction contract providing for the construction of
the Project to be entered into between the CorPoration and Arntz Contracting
Co., Beacon Construction Co., K. A. Construction Co., Kay Contracting Co., and
Teaco, Inc., submitted to this City Council, providing for a base bid and
alternates number 1 and 2 for $3,434,322, is hereby approved. The City Clerk
is directed to file a copy of said form of construction contract with the
minutes of this meeting.
9. The assignment by the City to the Corporation of the contracts for
the performing of professional services with respect to the Project between
Goodwin B. Steinberg Associates and the City, of a contract for the performing
of consulting services with respect to the Project between Wainwright & Ramsey
.Inc. and the City, and of a contract for the performing of legal services with
respect to the Project between Jones Hall Hill & White and the City, are hereby
authorized, and the Mayor and City Clerk are authorized and directed to execute
and deliver appropriate documents evidencing such assignments.
10. The Mayor of the City and the City Clerk of the City De and they are
hereby authorized and directed to execute and deliver any and all certificates
and representations, including signature certificates, no-litigation
certificates, arbitrage bond certificates and disclosure certificates, necessary
and desirable to accomplish the transactions set forth above and the delivery
of the Bonds.
ll. The Conflict of Interest Code of the Corporation, a copy of which is
on file in the office of the City Clerk of the City, is hereby approved as
submitted in accordance with Government Code Section 87303.
I hereby certify that the foregoing Resolution was regularly introduced and
adopted by the City Council of the City of South San Francisco at an adjourned
regular meeting held on the 24th day of October, 1979, by the following vote:
AYES:
NOES:
ABSENT:
Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte,
Terry J. Mirri; and Councilwoman Roberta Cerri Teglia
None
None
ATTEST:
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CLERK'S CERTIFICATE
I, Barbara A. Battaya, City Clerk of the City of South San Francisco,
hereby certify that the foregoing-is a full, true and correct copy of a
resolution duly adopted at an adjourned regular meeting of the City Council of
said City duly and regularly held at the regular meeting place thereof on the
24th of October, 1979,. of which~ meeting all of the members of said City
Council had due notice and at which a majority thereof was present; and that
at said meeting said resolution was adopted by the following vote:
AYES'
NOES'
Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte,
Terry J. Mirri; and Councilwoman Roberta Cerri Teglia
None
ABSENT' None
I further certify that I have carefully compared the same with the
original resolution on file and of record in my office; that said resolution
is a full, true and correct copy of the original resolution adopted at said
meeting and on file in my office; and that said resolution has not been
amended, modified or rescinded since the date of its adoption, and the same is
now in full force and effect.
WITNESS my hand and the seal of the City of South San Francisco this 26th
day of October, 1979.
City Clerk of t
South San Francisco, California
(S E A L)