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HomeMy WebLinkAboutReso 145-1988CITY CO' RESOLUTION NO. 145-88 JNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION OF INTENTION TO MAKE ACQUISITIONS AND IMPROVEMENTS FOR THE EL CAMINO PLAZA ASSESSMENT DISTRICT BE tT RESOLVED, by the City Council of the City of South San FranciscQ that: 1. IThe public interest, convenience and necessity require, and it intends to order the making of the acquisitions and improvemgnts described in Exhibit "A" attached and incorporated. 2. Except as herein otherwise provided for the issuance of bonds, all of the work shall be done as provided in the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of California (the "Code"). 3. iAll of the work and improvements are to be constructed at the p~aces and in the particular locations, of the forms, sizes, d~mensions and materials, and at the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. There is ito be excepted from the work above described any of such work already done to line and grade and marked excepted or shown not to be done on the plans, profiles and specifications. Whenever iany 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 the plans to be done therein. The streets and highways !are or will be more particularly shown in the records in the offide of the County Recorder of the County of San Mateo, State of iCalifornia, and shall be shown upon the plans. 4. iNotice is hereby given of the fact that in many cases the work iand improvements will bring the finished work to a grade differen~ from that formerly existing, and that to the extent the grades a~e hereby changed and that the work will be done to the changed ~rades. 5. lin cases where there is any disparity in level or size between ~he improvements proposed to be made herein and private property iand where it is more economical to eliminate such disparit~ by work on private property than by adjustment of the work on ~ublic 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, the work on private property shall, with the written consent of the owner of ithe property, be done and the actual cost thereof may be added to Ithe proposed assessment of the lot on which the work is to be do~e. for the profiles the Engi] shall be thereof. 6. This Council does hereby adopt and establish as the official grades for the work the grades and elevations to be shown upon said plans, profiles and specifications. All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of this City. 7. The descriptions of the acquisitions and improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend !ull length of the description thereof. The plans and of the work and maps and descriptions as contained in leer's Report, hereinafter directed to be made and filed, controlling as to the correct and detailed description 8. The 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 whichlare shown on a map thereof on file in the office of the City Clerk, to which reference is hereby made for further particulars. The 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. 9. '~This Council declares that all public streets, highways, lanes and alleys within the assessment district in use in the performance of a public function, and all lands owned by any public entity, including 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 the acquisitions and improvements. 10. i The acquisitions and improvements are hereby referred to Arthur Wong, Acting Deputy City Manager/City Engineer, as Engineeriof Work for this assessment district, a competent person employedlby this City for the purpose hereof (the "Engineer of Work"), and the Engineer of Work is hereby directed to make and file with the Clerk a report in writing, presenting the following: (a) Maps and descriptions of the lands and easements to ~e acquired, if any; (b) Plans and specifications of the proposed improvement if the improvements are not already installed. The plans and specifications do not need to be detailed and are!sufficient if they show or describe the general nature, location, and extent of the improvements. If the assessment district is divided into zones, the plans and specifications shall indicate the class and the type of improvements to be provided for each zone. The plans or specifications may be prepared as separate documents, or either or both may be incorporated in the report as a combined document. -2- ~ (c) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvements, if the wor~s, appliances, or property are to be acquired as part of theiimprovements. (d) An estimate of the cost of the improvements and of the icost of lands, rights-of-way, easements, and incidental expenses in connection with the improvements, including any cost of registering bonds. (e) A diagram showing, as they existed at the time of the passage of the resolution of intention, all of the following: 1. The exterior boundaries of the assessment district. 2. The boundaries of any zones within the district. 3. The lines and dimensions of each parcel of land within the district. Each subdivision, shall be given a separate number upon the idiagram. The diagram may refer to the county assessor's maps for a detailed description of the lines and dimensions of ~ny parcels, in which case those maps shall govern for all idetails concerning the lines and dimensions of the parcels. ~ (f) A proposed assessment of the total amount of the cos~ and expenses of the proposed improvement upon the several subdivisions of land in the district in proportion to the estimated benefits to be received by each subdivision, respectively, from the improvement. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to subdivision (e). ~ When any portion or percentage of the costs and exp~nses of the acquisitions and improvements is to be paid fro~ sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the acquisitions and improvements, and the assessment shall include only the remainder of the estimated cost and expenses. 11. If any excess shall be realized from the assessment it shall be iused, in such amounts as this Council may determine, in accordanqe with the provisions of law, for one or more of the followin~ purposes: , (a) Transfer to the general fund of this 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; -3- (b) As a credit upon the assessment and any supplemental assessment; or (c) For the maintenance of the improvements. 12. i Arthur Wong, Acting Deputy City Manager/City Engineer 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)877-8538. 13.i 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 this City, or of any public u~ility, it is the intention of this Council to enter into an agreement with such public agency or public utility pursuant to ChaPter 2 (commencing with Section 10100) of Division 12 of the Code,I which agreement may provide for, among other matters, the ownership, operation and maintenance by such agency or utility of the works, rights, improvements and acquisitions, and may provide for the installation of all or a portion of such improvements by the agency or utility and for the providing of service go the properties in the area benefiting from the work, rights, improvements and acquisitions by such agency or utility in accordance with its rates, rules and regulations, and that such 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. 14. !Notice is hereby given that serial bonds to represent unpaid assessments, and bear interest at the rate of not to exceed tWelve percent (12%) per annum, or such higher rate of interest las may be authorized by applicable law a the time of sale of Such bonds, will be issued hereunder in the manner provided !by the Improvement Bond Act of 1915, Division 10 of the Code, the last installment of which bonds shall mature not to exceed tWenty-four (24) years from the second day of September next sucdeeding twelve months from their date. The provisions of Part ll.l of the Division 10 of the Code, providing an alternative procedure for the advance payment and calling of bonds, shall apply to the bonds issued in these proceedings. It is the intention of this Council to create a special reserve fund pursuant Ito and as authorized by Part 16 of Division 10 of the Code. It is the intention of the City that the City will not obligate!itself to advance available funds from the treasury of the City ito cure any deficiency in the redemption fund to be created With respect to the bonds; provided, however, that a determination not to obligate itself shall not prevent the City from, in fits sole discretion, so advancing funds. The ibonds may be refunded pursuant to the provisions of Division ill.5 of the Code upon the determination of the City Council df the City that the public interest or necessity -4- requiresisuch refunding. Such refunding may be undertaken by this Couhcil when, in its opinion, lower prevailing interest rates may allow reduction in amount of the installments of principal and interest upon the assessments to given to owners of propertyiassessed for the works herein described, the refunding bonds shall bear interest at a rate not to exceed that which is stated ih the resolution of this Council expressing its intention to issueithe refunding bonds, which resolution of intention shall also set Iforth the maximum term of years of the refunding bonds. Any adjustment to assessments resulting from the refunding will be done On a pro rata basis. The refunding shall be accomplished pursuant to Division 11.5 (commencing with Section 9500) of the Code, except that, if, following the filing of the report specified in Section 9523 and any subsequent modifications of the report, ~he Council finds that each of the conditions specified in the resolution of intention is satisfied and that adjustments to the assessments are on a pro rata basis, the Council may approve 9nd confirm the report and may, without further proceediDgs, authorize, issue and sell the refunding bonds pursuant ito Chapter 3 (commencing with Section 9600) of Division ll.5. 15.i Reference is hereby made to proceedings had pursuant to Division i4 of the Streets and Highways Code which are on file in the CityiClerk's Office. 16.1 Notice is hereby given that, in the opinion of this Council, ithe 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 20487 of the Public COntract Code, no notice of award of contract shall be published. -5- 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 14thl day of December the following vote: meeting held on the , 1988 by AYES NOES ABS9 ABS~ 'AIN: :NT: Councilmembers Mark N. Addiego, Jack Drago, Richard A. Haffey, Gus Nicolopulos, and MaYor Roberta Cerri Teglia None None None EXHIBIT A TO RESOLUTION NO. 145-88 CITY OF SOUTH SAN FRANCISCO E1 Camino Plaza Assessment District DESCRIPTION OF WORK The iconstruction of a twelve inch water line (fire main) along th~ eastern side of E1 Camino Real including valves, hydrants,i and appurtenances, for a total distance of approximately 1,100 feet and Commencing at the northern boundary of the lands of Kaiser Hospital and extending northerly along E1 Camino Real to the common boundary of the lands of Pacific Gas & Electric iCompany and McClellan. The iremainder of the acquisitions and improvements of this district ishall consist of the construction of storm drainage improvements to Colma Creek and the construction of a sanitary sewer main to be located generally on the western side of Colma Creek, the exact extent and location of which improvements shall be determined pursuant to the recommendations of the Health Officer and the Department of Public Works of the City of South San FranCisco. All iof the foregoing shall include the acquisition of all rights of way, easements, licenses, franchises and permits, and the completion of all auxiliary work necessary and/or convenient for the ~ccomplishment of the foregoing. EXHIBIT A