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HomeMy WebLinkAboutReso - CC - 022-2012RESOLUTION NO. 22-2012 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE FORMATION OF PROPOSED.CITY OF BURLINGAME ASSESSMENT DISTRICT NO. 2012-1 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND IN ACCORDANCE WITH ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION, AND SETTING A PUBLIC HEARING THEREON WHEREAS, the City Council of the City of Burlingame has, this date, adopted its Resolution No. (the "Resolution Initiating Proceedings") for the proposed "City of Burlingame Assessment District No. 2012-1, Downtown Burlingame Avenue Streetscape Improvement Project, City of Burlingame, County of San Mateo, State of California" (the "Proposed Assessment District"), to which resolution reference is made for further particulars; and WHEREAS, the City Council of the City of Burlingame has, this date, adopted and its Resolution No. (the "Resolution Preliminarily Approving Engineer's Report") and (the "Engineer's Report"), to which resolution reference is made for further particulars; and WHEREAS, the Proposed Assessment District, which the City Council intends to form under the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 (beginning with Secion 22500) of the California Streets and Highways Code (the "1972 Act"), is for the purpose of funding a portion of the cost of construction of public improvements in the streetscape of Burlingame Avenue, including but not limited to, sidewalk widening and replacement, street paving, parking improvements, decorative crosswalks, installation of street trees, street furniture and street lighting, together with appurtenant work and improvements and related costs (collectively, the "Proposed Project'); and WHEREAS, it is in order for the City to provide formal notice to the owners of property within the Proposed Assessment District of the details thereof and of the Proposed Project and to conduct the notice, hearing and protest ballot procedures required by the 1972 Act, by Article XI1ID of the California Constitution and by the Proposition 218 Omnibus Implementation Act (Sections 53750 and following of the California Government Code); RESOLVED by the CITY COUNCIL of the City of Burlingame, California, and this City Council does hereby find, order and determine as follows: The City Council hereby finds and declares that the foregoing recitals are true. 2. The City Council hereby declares its intention to order, and finds that the public interest, necessity and convenience require, the formation of the Proposed Assessment District to finance the Proposed Project and declares its intention to levy and collect annual assessments for up to 30 years on the parcels of real property within the Proposed Assessment District in accordance with the special benefit to be received by each parcel of land, respectively, from the Proposed Project, subject to the approval of the property owners pursuant to the 1972 Act and Article XHM of the California Constitution. 3. The location of the Proposed Assessment District is as described in the Resolution Initiating Proceedings. OHSUSA:750163654.4 4. The City's assessment engineer, NBS, has filed the Engineer's Report with the City Clerk, to which reference is made for a full and detailed description of the Proposed Project and of the proposed annual assessments upon the parcels of land within the Proposed Assessment District. 5. This City Council intends to include in the annual assessments upon each of the parcels of land in the Proposed Assessment District amounts necessary to pay various costs and expenses incurred from time to time by the City and not otherwise reimbursed to the City which result from the administration and collection of the annual assessments, subject to the limitations on the amount of such annual assessments as are prescribed in the Engineer's Report. 6. This City Council hereby sets a public hearing for 7:00 P.M, on May 21, 2012, in the City Hall Council Chambers at 501 Primrose Road, Burlingame, California, as the time and place for hearing all protests to the proposed public improvements, the proposed levy of assessments, the amounts of individual assessments, for tabulating all assessment ballots and for any related matters as set forth in the Engineer's Report; any interested person may appear and object to Proposed Project, or to any element of the Proposed Assessment District or to said proposed annual assessment. 7. The City Clerk is hereby directed to cause a notice of the public hearing to be given by mailing such notices thereof, together with assessment ballots, in the time, form and manner provided by Section 53753 of the Proposition 218 Omnibus Implementation Act, and upon the completion of the mailing of the notices and assessment ballots, the City Clerk is hereby directed to file with the City Council an affidavit setting forth the time and manner of the mailing of the notices and assessment ballots. 8. The City Council hereby designates Art Morimoto, Assistant Public Works Director, Burlingame Public Works Department, telephone number 650-558-7240, to answer inquiries regarding the Proposed Project, the estimated costs, the individual assessments or any other aspect of the Proposed Assessment District and the related public hearing and protest proceedings. 9. Where any disparity occurs in level or size between the work and improvements of the Proposed Project and private property, this City Council determines that it is in the public interest and more economical to eliminate the disparity by doing work on the private property instead of adjusting the work on public property. Accordingly, work may be done on private property for this purpose with the written consent of the landowner. / 1 Deal, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, dd hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 2nd day of April, 2012, and was adopted thereafter by the following vote: AYES: COUNCILMEMEERS:BAYLOCK,BROWNRIGG, DEAL, KEIGHRAN, NAGEL NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS:NONE Mary Ell n Kearney, City Clerk OHSUSA:750163654.4