HomeMy WebLinkAboutResolution 00-192 N.C.S. 10/16/2000
• ~OSO~tl,1tI01•l ~O. 00-192 j~j,~,~,
1 of tl~e City C;f ~'~tal~lrrla, California
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4 A RESOLUTION OF THE CITY COUNCIL
5 OF THE CITY OF PETALUivIA, CALIFURh1IA DECLARING
6 INTENTION TO MAKE ACQUISITIONS
7 AND INIPROVEMEN'I'S
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Assessment District 2000-01 (McDowell/E. Washington)
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11 RESOLVED, by the City Council (the "Council") of the City of Petaluma (the "City"),
12 Co2u~ay of Sonoma, (the "County") California:
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1=1• 1. Intention. This Council hereby preliminarily determines that the public interest,
1 ~ convenience and necessity require, and that it intends to order the making of the
i acquisitions and improvements described in Exhibit "A" attached hereto and made a part
17 hereof in and for the City's proposed Assessment District 2000-01) (McDowell/E.
1 ~ ti4'ashington) (the "Assessment District").
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Law Applicable. Except as herein otherwise provided for the issuance of bolds,
i x,.11 of the work shall be done as provided in the 1_~Iunicipal Improvement Act of 191
2 C`i~.~i,ion 12 of the Streets and Highways-Code of California (the "Act"}.
:3. lature and LocatoYi c~i'and C~railes l'nr-lmlfrov~me~2~ts; Ali of t.h:.• ~.~-r~rl: :rl,
inprovements are to be constr;acted at the~places. and•.in the particular location, ~,f t1::~
:'6 ,'?;~~as, sizes, dimensions and materials, and at the lines, grades and elevations, ~ s slLt:,~.~.•r;
% a~cl d~.iineated upon the plans, profiles a:nd specifications to be made therefor, as
L~er;ina~t,:r provided. There is to be excepted From the work above described any of st,cil
9 ~~+,-ork already done to line and grade and marked excepted or shown not to be done on i.he
~0 plans, profiles and specifications. Whenever any public way is herein referred to as
31 ~1,nning between two public ways, or from or to any public way, the intersections of ;h~::
32 f"ublic ways referred to are included to the extent that work is shown on the plans to be
~3 done therein. The streets and highways are or will be more particularly shown in the
34 records in the office of the County lZecorder of the County and shall be shown upon the
3~ plans.
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37 4. Change of Grade. Notice is hereby gi~aen ofthe fact that in many cases the work
38 and improvements will bring the finished work to a grade different from that formerly
39 existing, and that to the extent the grades are hereby changed and that the work will be
40 done to the changed grades.
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~2 5. Work on Private Property. In cases where there is any disparity in level or size,
43 between the improvements proposed t~ be made herein and private property and where it
X14 is more economical to eliminate such disparity by work on the private property than by
d~ adjustment of the work on public property, it is hereby determined. that it is in the public
u.e interest and more economical to do such work on private property to eliminate such
00-192 „
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1 disparity. In such cases, the work or. private property shall, with the written consent of
2 the owner of the property, be done and the actual cost thereof maybe added to the
3 proposed assessment of the lot on which the work is to be done.
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5 6. Official Grades. This Council does hereby adopt and establish as the official
6 grades for the work the grades and elevations to be shown upon the plans, profiles and
7 specifications. All such grades and elevations are to be in feet and decimals thereof with
8 reference to the datum plane of this City.
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10 7. Descriptions -General. The descriptions of the acquisitions and improvements
11 and the termini of the work contained in this Resolution are general in nature. All items
12 of work do not necessarily extend for the full length of the description thereof. The plans
13 and profiles of the work and maps and descriptions as contained in the Engineer's Report,
14 hereinafter directed to be made and filed, shall be controlling as to the correct and
15 detailed description thereof.
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17 8. Special Benefit and Boundar~• Map. The contemplated acquisitions and
18 improvements, in the opinion of this Council, are of more than general or ordinary public
19 benefit, and the costs and expenses thereof are made chargeable upon the Assessment
20 District, the exterior boundaries of which are shown on a rnap thereof on file in the office
21 of the City Clerk, to which reference is hereby made for further particulars. The snap
22 indicates by a boundary line the extent of the territory proposed.to be included in
23 Assessment DiSt~.i'ct~~~~trd _~~ha!~l~guv~•~r;~~ ~i~~r°'all details as to' the extent of th~e~ Assessment
?4 Distl~iet;
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26 9. Public Propcrty-. This Council declares that all public streets, highways, lanes
27 and alleys, and properties owned by any public agency or department of the United States
28 of America, the State of California, the County, any city or special district, within the
29 Assessment District and in use in the performance of a public function shall be omitted
30 from the assessment hereafter to be made; provided, however that to the extent found to
31 be specially benefited, such lands shall be subject to assessment.
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33 10. Engineer's Report. The acquisitions and improvements are hereby referred to
34 Mary Grace Pawson, P.E., Hams & Associates, Petaluma, California, being a competent
35 person employed for the purpose hereof, as Engineer of Work for the Assessment District
36 (the "Engineer of Work"), and the Engineer of Work is hereby directed to make and file
37 with the City Clerk a report in writing (the "Engineer's Report"), presenting the
3$ following: v
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40 (a) Maps and descriptions of the lands and easements to be acquired, if
41 any;
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43 (b) Plans and specifications of the proposed improvements if the
44 improvements are not already installed. The plans and specifications do not need
45 to be detailed and are sufficient if they show or describe the general nature,
46 location, and extent of the improvements. If the Assessment District is divided.
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Reso. 00-192 NCS
1 into zones, the plans and specifications shall indicate the class and the type of
2 improvements to be provided for each zone. The plans or specifications may be
3 prepared as separate documents, or either or both may be incorporated in the
4 Engineer's Report as a combined document.
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6 (c) A general description of works or appliances already installed and
7 any other property necessary or convenient for the operation of the improvements,
8 if the works, appliances, or property are to be acquired as part of the
9 improvements.
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11 (d) An estimate of the cost of the improvements and of the cost of
1? lands, rights-of--way, easements, and incidental expenses in connection with the
13 improvements, including any cost of issuing and registering bonds.
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15 ~ (e) A diagram showing, as they existed at the time of the passage of
16 this Resolution, all of the following:
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18 (1) The exterior boundaries of the Assessment District.
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?0 (2) The boundaries of any zones within the Assessment
21 District.
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(31 "The lines and~~dimens~io~is of each. pantt~~:`.,~C lai-id:;~rirhin=a1~;:~~~
'~-t Assea~a:3::nt District.
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Each subdivision, shall be given a separate number upon the diagram. The
27 diagram may refer to the county assessor's maps for a detailed description of the
28 lines and dimensions of any parcels, in which case those maps shall govern for all
?9 details concerning the lines and dimensions of the parcels.
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31 (f) A proposed assessment of the total amount of the cost and
32 expenses of the proposed improvement upon the several subdivisions of land in
33 the Assessment District in proportion to the estimated benefits to be received by
34 each subdivision, respectively, from the improvement. The assessment shall refer
35 to the subdivisions by their respective numbers as assigned pursuant to
36 subdivision (e) of this section.
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38 When any portion or percentage of the costs and expenses of the acquisitions and
39 improvements is to be paid from sources other than assessments, the amount of such
40 portion or percentage shall first be deducted from the total estimated cost and expenses of
41 the acquisitions and improvements, and the assessment shall include only the remainder
42 of the estimated cost and expenses.
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44 11. Use of. Surplus. If any excess shall be realized from the assessment it shall be
45 used, in such amounts as this Council may determine, in accordance with the provisions
46 of the Act, for one or more of the following purposes:
Reso._00-192 NCS 3
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2 (a) Transfer to the general fund of this City, provided that the amount
3 of any such transfer shall not exceed the lesser of $1,000 or 5% of the total
4 amount expended from the improvement fund;
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6 (b) As a credit upon the assessment and any supplemental assessment
7 or for the redemption ofbonds, or both; or
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9 (c) For the maintenance of the improvements.
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11 12. Contact Person. Michael C. Evert, P.E., Engineering Manager, Department
12 of Public Facilities and Services, City of Petaluma, is hereby designated as the person to
13 answer inquiries regarding any protest proceedings to be had herein, and maybe
14 contacted during regular office hours at Department of Public Facilities and Services,
15 City of Petaluma, 22 Bassett Street, Petaluma, California, 94952-2610, or by calling
16 telephone number (707)
17 778-4439.
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19 13. Contracts with Others. To the extent that any of the work, rights, improvements
20 and acquisitions indicated in the Engineer's Report, to be made as provided herein, are
21 shown to be connected to the facilities, works or systems of, or are to be owned, manaved
22 and controlled by, any public agency other than this City, or of any public utility, it is the
23 intention of this Council to enter into. an~•a«r::;orrrtrlt~~,v~ith~auch p;~hli~ ~~o;ic_~~.or.p,
2.1 utility pursuant to Chapter°~2 (corim,~racin~~ ~,vit}~ ;ectiort 'Ia)lUi); Of tl,r:: ;'\c'., wl~~ich
5 agreement may provide ~~for, among other matters; the• ~own~ership, op~oratier,: and
2~ maintenance by such agency or utility of the works, rights, improverents and
27 acquisitions, and may provide for the installation of all or a portion of such improvements
28 by the agency or utility and for the providing of service to the properties in the area
29 benefiting from the work, rights, improvements and acquisitions by such agency or utility
30 in accordance with its rates, rules and regulations, and that such agreement shall become
31 effective after proceedings have been taken for the levy of the assessments and sale of
32 bonds and funds are available to carry out the terms of any such agreement.
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34 14. Improvement Bonds. Notice is hereby given that serial and/or term improvement
35 bonds (the "Bonds") to represent unpaid assessments, and bear interest at the rate of not
36 to exceed such rate of interest as may be authorized by applicable law a the time of sale
37 of such bonds, will be issued hereunder in the manner provided by the Improvement
38 Bond Act of 1915, Division 10 of the California Streets and Highways Code (the "Bond
39 Law"), the last installment of which bonds shall mature not to exceed twenty-four (24)
40 years from the second day of September next succeeding rivelve months from their date.
41 The bonds shall be issued in such series and shall mature in such principal amounts at
42 such times as shall be determined by this Council at the time of the issuance of such
43 bonds. The provisions of Part 11.1 of the Bond Law, providing an alternative procedure
44 for the advance payment and calling ofbonds, shall apply to the bonds issued in these
4~ proceedings. It is the intention of this Council to create a special reserve fund pursuant to
46 and as authorized by Part 16 of the Bond La~v. It is the intention of the City that the City
Reso.-00-192 NCS 4
1 will not obligate itself to advance available funds from the treasury of the City to cure
2 any deficiency in the redemption fund. to be created with respect to the bonds; provided,
3 however, that a determination not to obligate itself shall not prevent the City from, in its
4 sole discretion, so advancing funds.
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6 15. Refunding of Bonds. The bonds maybe refunded pursuant to the provisions of
7 Division 11.5 of the California Streets and Highways Code upon the determination of the
8 Council of the City that the public interest or necessity requires such refunding. Such
9 refunding maybe undertaken by the Council when, in its opinion, lower prevailing
10 interest rates may allow reduction in the amount of the installments of principal and
11 interest upon the assessments given to owners of property assessed for the works herein
12 described. The refunding bonds shall bear interest at a rate not to exceed that which is
13 stated in the resolution ofthe Council expressing its intention to issue the refunding
14 bonds, which resolution of intention shall also set forth the maximum term of years of the
1~ refunding bonds. The refunding shall be accomplished pursuant to Division 11.E
16 (commencing with Section 9500) of the California Streets and Highways Code, except
17 that, if, following the filing of the report specified in Section 9523 and any subsequent
18 modifications of the report, the Council finds that each of the conditions specified in the
19 resolution of intention to issue the refunding bonds is satisfied and that adjustments to the
20 assessments are on a pro-rata basis, the Council may approve and confirm the report and
21 may, without further proceedings, authorize, issue and sell the refunding bonds pursuant
22 to Chapter 3 (commencing with Section 9600) of Division 11.5 of the California Streets
~3 and.Highways Code.
. i6. Division 4. Reference is here'uym.ade to proceedings had pursuant url~i isivr%'.
2f~: 4 of the Streets and Flighways Code. of~Catifornia which are on file in tiie
27 office of the City Clerk. It is the intention of this Council to comply with
28 Division 4 of the Streets and Highways Code of California by proceeding
29 under Part 7.5 thereof. To that end, the Engineer of Work is hereby directed to
30 include in the Engineer's Report all of the material specified by such Part 7.5
31 and for which the total true value shall be estimated as the full cash value of
32 the parcels of land in the Assessment District as shown on the last equalized
33 assessment roll of the County, or alternatively, by other reasonable means
34 prescribed by this Council.
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Reso:-00-192 NCS ~
- 1 17. No Private Contract. Notice is hereby given that, in the opinion of this Council,
2 the public interest will not be served by allowing the property owners to take the contract
3 for the construction of the improvements and therefore that, pursuant to Section 20487 of
4 the California Public Contract Code, no notice of award of contract shall be published.
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38 Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a {Regular) ~~it'~r~ie~~c~ii~~meeting~'~ °m
on the ...~.6.itih.......... day of ......October 2000, by the
following vote: s
City Attorney
AYES: Cader-Thompson, Keller, Maguire, Hamilton, Vice Mayor Torliatt
Mayor Thompson
NOES: None
ABSENT: Healy
ATTEST:
City Clerk - ~gayor 6
~ " Council Fil
it
. _ V.GS-
- EXHIBIT A
CITY OF PETALUMA
Assessment District 2000-1 (McDowell/E. Washington)
DESCRIPTION OF WORK
Within the City of Petaluma, (the "City") County of Sonoma, State of. California, the
construction and acquisition of the following public improvements, including the acquisition of
all lands, easements, rights-of-way, licenses, franchises, and permits and the construction of all
auxiliary work necessary and/or convenient to the accomplishment thereof, including all plans,
studies, specifications, reports, filings, surveys, appraisals, all in accordance with plans and
specifications to be approved by the City:
• Widening ?~cDowell Blvd. South from three northbound lanes to four northbound lanes for
approximately 800 feet from East Washington Street to McNeil Avenue. The widening will
create two dedicated left-turn lanes on to East Washington Street westbound, a dedicated
through lane, and one combined through and right turn lane and a bicycle lane.
• Widening McDowell Blvd. North from three southbound lanes to four southbound lanes for
approximately 880 feet. The widening will create a dedicated right turn lane onto East
Washington Street westbound, a dedicated left turn onto East Washington Street eastbound,
t`~~o through lanes onto ~-IcDowell Blvd. South and a bicycle Iruze.
• Widening East Yashington Street, west of intersection with McDowell Blvd., to provide a
bicycle lane and a new sidewalk on both sides of East Washington Street for a distance of
approximately 100 feet.
• Widening East Washington Street, east of the intersection with McDowell Blvd to provide a
bicycle lane on both sides of East Washington Street for a distance of approximately 100
feet.
Reconstruction of all corner radii at the intersection of East Washington Street and
McDowell Blvd. to conform to current, approved highway geometric standards.
® Installation of decorative landscape, lighting and paving elements along portions of the
above improvements, including related irrigation, controls, signage and conforming
improvements.
Reso. 00-192 NCS
A-1