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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: -3- 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)