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HomeMy WebLinkAboutReso 76-1993 RESOLUTION NO. 76-93 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, ORDERING LEVY OF ASSESSMENT FOR FISCAL YEAR 1993-94 AND PROVIDING ANNUAL INSTALLMENT ASSESSMENTS FOR THE CITY OF SOUTH SAN FRANCISCO WILLOW GARDENS PARKS AND PARKWAYS MAINTENANCE DISTRICT BE IT RESOLVED by the City Council (the "Council") of the City of South San Francisco (the "City" ) , County of San Mateo Calilfornia, that: WHEREAS, by its Resolution No. 44-93, A Resolution Directing Preparation of Annual Report for the City of South San Francisco Willow Gardens Parks and Parkways Maintenance District (the "District"), this Council designated Barry Nagel, as Engineer of Work and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972 (the "Act"); and WHEREAS, the report was duly made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that the report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid Resolution, and that on June 9, 1993 and June 23, 1993, at the hour of 7:30 o'clock p.m. on each date in the regular meeting place of the City Council, Municipal Services Building, 33 Arroyo Drive, South San Francisco, California, were appointed as the times and places for hearings by this Council on the question of the levy of the proposed assessment, notice of which hearings was given as required by law; and WHEREAS, at the appointed time and place the hearings were duly and regularly held, and all interested persons desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the levy were fully heard and considered by this Council, and all oral statements and all written protests or communications were duly heard, considered and overruled, and this Council thereby acquired jurisdiction to order the levy and the confirmation of the diagram and assessment prepared by and made a part of the Engineer's Report to pay the costs and expenses thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: 1) The public interest, convenience and necessity require that the levy be made. 2) The District benefited by the improvements and assessed to pay its costs and expenses thereof, and its exterior boundaries thereof, are as shown by a map (the "Boundary Map") filed in the office of the City Clerk, which map is made a part hereof by this reference thereto. 3) to wit: The Engineer's Report as a whole and each part thereof, (a) the Engineer's estimate of the itemized and total costs and expenses of the improvements and of the incidental expenses in connection with them, and his estimate of the principal amount of bonds to be issued; and (b) the diagram showing the District, plans and specifications for the improvements and the boundaries and dimensions of the respective lots and parcels of land within the District; and (c) the assessment of the total amount of the cost and expenses of the improvements upon the several lots and parcels of land in the District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from the improvements, and of the expenses incidental thereto, are finally approved and confirmed. 4) Final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram and the assessment, as contained in the Report, as hereinabove determined and ordered, is intended to and shall refer and apply to the Report, or any portion thereof as amended, modified, or revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council. 5) The assessment to pay the costs and expenses of the improvements for fiscal year 1993-94 is hereby levied. For further particulars pursuant to the provisions of the Act, reference is hereby made to the Resolution Directing Preparation of Annual Report. 6) Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the hearing, this Council expressly finds and determines (a) that each of the several lots and parcels of land will be specially benefited by the improvements at least in the amount, if not more than the amount, of the assessment apportioned against those lots and parcels of land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the aforesaid finding and determination as to special benefits. 7) Immediately upon the adoption of this Resolution, the City Clerk shall file a certified copy of the diagram and assessment and a certified copy of this Resolution with the Auditor of the County of San Mateo and with the Superintendent of Streets of this City. Upon such filing with the County Auditor, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment roll in the Engineer's Report. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the Director of Finance of the City. 8) Upon receipt of monies representing assessments collected by the County, the Director of Finance shall deposit the monies in the City Treasury to the credit of an Improvement Fund (the "Improvement Fund") previously established under the distinctive designation of the District. Monies in the Improvement Fund shall be expended only for the maintenance, servicing, construction, or installation of the improvements. 9) The City Council hereby determines that the estimated cost of the improvements to be constructed consisting of play equipment, sidewalks, steps, handrails, irrigation, landscaping and lighting (the "Project") in the estimated amount of $275,742 is greater than can be conveniently raised from a single annual assessment and that the estimated cost of the Project, which together with the costs of issuing bonds is estimated to be $308,490, be raised by an assessment levied and collected in installments over a period of not to exceed eight (8) years; that is from fiscal year 1993-94 through fiscal year 2001-2002, with a maximum amount of $60,000 for each annual installment. The adoption of this Resolution shall constitute the levy of an assessment against those parcels of land in the District that are owned by owners, as shown on Exhibit "A" attached and by this reference made a part of this Resolution, who are not members of the Westborough Homeowner's Civic Improvement Association for a total aggregate principal amount of $308,490 (the "Installment Assessment") which may be collected in annual installments. 10. The Director of Finance is appointed Collection officer for the Installment Assessments and the person to whom payment of the Installment Assessments shall be made, and that the office of the Director of Finance at City Hall Annex, 315 Maple Avenue, South San Francisco, CA. 94080, is designated as the place to which said payments will be made. Upon receipt of monies representing payment of Installment Assessments, said Collection Officer shall deposit the monies in the Improvement Fund, and shall request that the County Auditor make the appropriate adjustment to the County Assessment Roll. Said Collection Officer shall cause a Notice to Pay Assessments to be mailed and published. Said notice shall state that the assessment has been entered on the County Assessment Roll as provided in Section 22645 of the Act, that the Installment Assessment is due and payable immediately and payment thereof is to be made to the Collection officer at said office within thirty (30) days after said date of entering the assessment, and the effect of failure to pay within such time, including the fact that bonds will be issued pursuant to the Improvement Bond Act of 1915 to represent and upon the security of the Installment Assessments which are not paid within said 30-day period; and, in addition, said notice to be mailed shall contain a designation by street number or other description of the property assessed sufficient to identify same and the amount of the Installment Assessment thereon. Said mailed notice shall be mailed to each owner of real property within the District at his last known address as the same appears on the tax rolls of the County of San Mateo, or on file in the office of or as known to said Collection officer, or to both addresses if said address is not the same, or to the general delivery when no address so appears, and said published notice shall be published once a week for two successive weeks (with at least five days intervening between the respective publication dates, not counting such dates) in the Enterprise Journal, a newspaper published and circulated in the District. After the 30-day Installment Assessment payment period has ended, the Collection officer shall make and file with the Engineer and with the Treasurer of this City, a complete list of all unpaid Installment Assessments. 11. The City Clerk is hereby authorized and directed to endorse upon the original and at least one copy of the Boundary Map the date of the filing thereof and date and adoption of this Resolution and to cause a copy of the Boundary Map to be filed with the County Recorder of the County of San Mateo, in which all of the District is located immediately following the adoption of this Resolution. The County Recorder shall endorse upon the Boundary Map the time and date of filing and shall fasten the same securely in a book of maps of assessment and community facilities districts which the County Recorder shall keep in his or her office. The County Recorder shall index the Boundary Map by the name of the City and by the distinctive designation of the District. 12. After filing the diagram and assessment roll with the Superintendent of Streets of this City, as directed in Section 7, the City Clerk shall cause a notice of assessment, executed by the Clerk, to be recorded in the Office of the County Recorder of San 4 Mateo County, such notice to be in substantially the form provided in Section 3114 of the Streets and Highways Code. 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 requ] ar meeting held on the 23rd day of June , 1993 by the following vote: AYES: C0unci]members Jack Drago. Joseph A. Fernekes. John R. Penna, Robert Yee, and Mavor~Robert. a Cerr_._._~i Teglia ..~ NOES: None ABSTAIN: None ABSENT: None City Clerk 5 Name of Property Owner Leung, Josiah De Cesare, Frank & S Floresca, Romeo & G Cavestany, Roberta & E Ruggiero, Giuseppe Wong, Truman & P Quan, Simon Sarti, carolina Yun, Patrick Holder, Gerhard & A Fong, King & Lily Lyons, Richard & J Lyons, Richard & J Lyons, Richard & J Timoteo, Maximino Lee, Kum Yook & W $oto, Luis & Carmen Bansal, Vinod & J Cavestany, Roberto & E Rao, Sam & Saras Linamen, Richard & L Jacob, John & Chachy Mendoza, Emma Zuhdi, Bakhtiar Kitada, Ted Teruo Silva, Macario Simbre, Leticia Fong, Victoria Ancheta, Arthur & R Robles, Anita Timoteo, Maximino Stella, Raquiza Modena, Alejandro & R O'Connor, Joseph & H Floresca, Romeo & G Miculob, Eucito & A Pablo, Alfonso & E Tam, David & E Gomes, Ernest & M Hong, Jack & Rose Bauson, Carmelita Mar, Arthur & J Sharma, Sylvester & D Cassinelli, Louis & A Cassinelli, Louis & A Donovan, John & H Lyons, Richard & J Yeung, Wai & Choi Wong, John Lambertson, Robert & V Brusco, James & Louise C/o Louis Cassinelli Brusco, James & Louise C/o Louis Cassinelli Brusco, James & Louise RESOLUTION NO. 76-93 EXHIBIT A INSTALLMENT ASSESSMENTS Assessment No. 011-262-260 011-262-270 011-262-280 011-262-290 011-262-300 011-262-310 011-264-010 011-264-020 011-264-030 011-264-040 011-264-050 011-270-100 011-270-110 011-270-120 011-270-130 011-270-140 011-270-160 011-270-170 011-270-180 011-270-190 011-270-200 011-270-220 011-270-230 011-270-240 011-270-250 011-270-260 011-270-270 011-270-280 011-270-290 011-270-300 011-270-310 011-270-320 011-270-340 011-270-350 011-270-360 011-270-370 011-270-380 011-270-390 011-271-010 011-271-020 011-271-030 011-271-040 011-271-050 011-271-070 011-271-080 011-271-090 011-271-100 011-271-110 011-271-130 011-271-140 011-271-150 011-271-160 011-271-170 Aggregate Principal Amount of Installment Assessment $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68 $5202.68