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.
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~ (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;
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(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
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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.
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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