HomeMy WebLinkAboutReso - CC - 035-2012RESOLUTION NO. 35_701 �
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME,
CALIFORNIA, ORDERING IMPROVEMENTS, ORDERING FORMATION OF
THE CITY OF BURLINGAME ASSESSMENT DISTRICT NO. 2012-1,
CONFIRMING THE ASSESSMENT DIAGRAM, CONFIRMING AND LEVYING
ASSESSMENTS, AND AUTHORIZING NECESSARY ACTIONS
WHEREAS, the City Council of the City of Burlingame, on April 2, 2012, adopted its
Resolution No. 20-2012 (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 "Assessment District") 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") for the purpose of funding,
in part, the 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 (collectively, the "Project"), to which resolution reference is made for further
particulars; and
WHEREAS, the City Council of the City of Burlingame, on April 2, 2012, adopted and its
Resolution No. 21-2012 (the "Resolution Approving Engineer's Report" and the "Engineer's Report"), to
which resolution reference is made for further particulars; and
WHEREAS, the City Council of the City of Burlingame, on April 2, 2012, adopted and its
Resolution No. 22-2012 (the "Resolution of Intention") which set a public hearing (the "Public Hearing")
on the Assessment District for this date and directed implementation of the public notice and protest
ballot procedures required by the 1972 Act, by Article XIIID of the California Constitution and by the
Proposition 218 Omnibus Implementation Act (Sections 53750 and following of the California
Government Code), to which resolution reference is made for further particulars; and
WHEREAS, the City Clerk, as directed by the Resolution of Intention, has filed with the City
Council an affidavit setting forth the time and manner of the mailing of the notices and assessment ballots
to all property owners within the Assessment District; and
WHEREAS, The City Clerk's affidavit demonstrates compliance with the requirements of the
law and of the Resolution of Intention; and
WHEREAS, the Public Hearing was conducted by the City Council at the time and place
specified in the Resolution of Intention and all interested persons were allowed to appear and testify
before the City Council, and all property owners within the Assessment District were permitted to submit
protest ballots indicating opposition to, or support for, the Assessment District, and were allowed to
withdraw or change their protest ballots up to the time of the close of the Public Hearing; and
WHEREAS, at the conclusion of the Public Hearing, the City Clerk, with the assistance of the
City's Assessment Engineer (NBS), in the presence of members of the public, has tabulated the returned
and validly cast assessment ballots and has reported the ballot tally to the City Council, which tally
indicates there is not a majority protest; and
WHEREAS, the City Council is therefore not prohibited from proceeding further in this matter;
and
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WHEREAS, the City Council is fully advised in this matter;
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 finds and determines (a) that the general public benefit from the Project,
has been properly described and quantified in the Engineer's Report, and that the Assessment Engineer
has properly allocated the estimated cost and expense of the Project between general and special benefit,
and has properly allocated the special benefit and related incidental expenses to the benefited parcels
within the Assessment District on the basis of special and local benefit being derived by such parcels
from the public improvements which constitute the Project, and (b) that the proposed allocation of the
assessed portion of the estimated cost and expense of the Project and related incidental expenses to the
respective parcels of land in the Assessment District, as set forth in the Engineer's Report, utilizing the
method of apportionment described in the Engineer's Report, represents a fair and equitable
apportionment of such cost and expenses in proportion to the estimated benefits to be received by each of
the benefited parcels, respectively, from the Project.
3. Accordingly, this City Council finds and determines that all of the conditions in connection with
the formation of the Assessment District have been duly satisfied, and that this City Council may
therefore, and hereby does, form its Burlingame Avenue Assessment District No. 2012-1, Downtown
Burlingame Avenue Streetscape Improvement Project, City of Burlingame, County of San Mateo, State
of California and orders the construction of the Project as the public interest, necessity and convenience
require.
4. The City Council hereby also declares its intention to levy and collect annual assessments for up
to 30 years on the parcels of real property within the Assessment District.
5. The Engineer's Report described in the Resolution Approving Engineer's Report is hereby
approved and confirmed by this City Council without modification, and the assessments therein are
hereby levied for the 2012-2013 fiscal year, which shall become a lien upon the various parcels of land in
the Assessment District.
6. In accordance with the Engineer's Report, owners of property within the Assessment District
have the option, for 30 days from this date, to prepay their assessment obligations in cash and thus relieve
their properties from the annual assessments. The City Finance Director is hereby directed to administer
the 30 -day cash payment period, to receive and properly segregate the prepayments, and to report the
details of the prepayments to the City Clerk and to the Assessment Engineer.
7. The City Clerk is hereby directed, with the assistance of the Assessment Engineer, (1) to
complete the appropriate certificates on the Assessment Diagram in the form contained in the Engineer's
Report (the "Assessment Diagram"); (2) to record or cause to be recorded the assessments and the
Assessment Diagram in the office of the City Engineer; and, as soon as possible following the close of the
30 -day cash payment period, (3) to record or cause to be recorded the Assessment Diagram and Notice of
Assessment in the San Mateo County Recorder's Office as required by Division 4.5 of the California
Streets and Highways Code, and (4) to file or cause to be filed a certified copy of this resolution, and such
other documents as that officer shall reasonably request, with the County Auditor of the County of San
Mateo to facilitate collection of the assessments for 2012-2013 on the secured property tax roll of the
County.
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8. All City staff and the Assessment Engineer are hereby authorized and directed to do all things
necessary and convenient, including executing any necessary and appropriate documents on behalf of the
City, to accomplish the levy and collection of the assessments listed in the Engineer's Report, except for
those on any properties that prepay their assessment obligation during the 30 -day cash payment period,
for the 2012-2013 tax year.
Deal, Mayor
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do`hereby certify that the foregoing
Resolution was introduced at a regular meeting of the City Council held on the 21 st day of May, 2012,
and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ary Ellen keamey, City Clerk
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