The City Council finds as follows.
(A) The subdivision and development of property within the area subject to Specific Plan SP-812 approved by the City Council on January 20, 1982 (the “Specific Plan”), by the adoption of Resolution No. 82-5, will require construction of bridges and major thoroughfares whose primary purpose will be to carry through traffic and provide a network connecting to the state highway system.
(B) The required bridges and thoroughfares are described in detail in the report of Neste, Brudin & Stone, Incorporated, the Engineer of Work for proposed Assessment District No. 79-2 (Northeast Area), entitled ‘Engineer’s Report under Resolution of Intention’ and dated August 25, 1982, and in the plans and specifications for such bridges and thoroughfares which are also a part of the report. The report of the Engineer of Work was approved by the City Council on August 25, 1982, by the adoption of Resolution No. 82-86. The bridges and thoroughfares are also described in the Specific Plan and shown on the Circulation Plan thereof, Exhibit L thereto.
(C) The General Plan of the city has been amended as to the area subject to the Specific Plan to include and identify in the circulation element and the transportation provision thereof, among other things, railways, freeways and streams for which bridge crossings are required and General Plan or local roads and major thoroughfares whose primary purpose will be to carry through traffic and provide a network connecting to the state highway system. The General Plan amendments which so amend the General Plan and the dates thereof are: GPA-79-1, September 5, 1979; GPA-79- 2, December 19, 1979; GPA-79-3, May 7, 1980; GPA-80-1, June 4, 1980; GPA-81-1, February 24, 1981; and GPA-82-1, July 7, 1982.
(D) The bridge crossings which will be required are:
(1) The bridge over State Highway 91 where the street designated as Goldfield Avenue will cross the highway;
(2) The bridge over the Arlington Channel where Goldfield Avenue will cross the channel; and
(3) The addition to the existing bridge which carries McKinley Street over State Highway 91. (The bridge crossings or bridges are hereinafter collectively referred to as the “bridges”).
(E) The major thoroughfares which will be required are Buchanan Street, Goldfield Avenue, McKinley Street, Ridge Court and the freeway interchange at the intersection of McKinley Street and State Highway 91. (The thoroughfares are hereinafter collectively referred to as the “thoroughfares.”)
(F) The territory which will benefit from the construction of the bridges and thoroughfares is the area subject to the Specific Plan and which is within the exterior boundaries of Assessment District No. 79-2 (the “Area of Benefit”). A map showing the Area of Benefit is attached to Ordinance No. 1674 on file with the City Clerk.
(G) The City Council has confirmed the assessment for Assessment District No. 79-2 as set forth in the assessment roll therefor by adoption of Resolution No. 83-24 on March 23, 1983. As a result of such confirmation, the assessments on individual parcels of property within the assessment district have become liens on the parcels. Included in the amount of the assessment on each such parcel is an amount for the construction of the bridges and thoroughfares.
(H) Certain parcels of property which were originally proposed for inclusion in Assessment District No. 79-2 and which would have been assessed for the construction of the bridges and thoroughfares have, at the request of the owners thereof, been excluded therefrom by the adoption by the City Council of Resolution No. 83-22 on March 23, 1983 and have not been assessed for the bridges and thoroughfares although such parcels will benefit from the construction thereof in that such construction will enable the owners of the parcels to subdivide and develop their property. (The excluded parcels are hereinafter referred to as the “excluded parcels.”)
(I) All property which will derive benefit from the construction of the bridges and thoroughfares should be assessed and pay a pro rata share of the cost thereof based on the benefit derived therefrom. The parcels of property in Assessment District No. 79-2 and which have been assessed upon the confirmation of the assessment therefor will pay a pro rata share of the cost of the construction of the bridges and thoroughfares based on the benefit derived therefrom.
(J) Pursuant to Cal. Gov’t Code § 66484, the City Council may adopt an ordinance requiring the payment of fees as a condition of approval of a final map for purposes of defraying the actual or estimated cost of constructing bridges and major thoroughfares.
(K) Notwithstanding the exclusion of the excluded parcels from Assessment District No. 79-2, the bridges and thoroughfares must be constructed to their originally intended design and capacity to carry through traffic which will be generated within the assessment district upon the development of the parcels therein which have been assessed therefor and to provide a network connecting to the state highway system.
(L) The bridges and thoroughfares will be constructed along with other improvements as improvement projects of Assessment District No. 79-2 and the cost of such construction will be totally funded from payments on assessments against individual parcels of property within the assessment district and the proceeds from the sale of the bonds for the assessment district.
(M) The excluded parcels should participate in the cost of the construction of the bridges and thoroughfares through payment of fees pursuant to Cal. Gov’t Code § 66484 based on the benefit which they will derive from the construction of the bridges and thoroughfares.
(N) The method of allocating the cost of the construction of the bridges and thoroughfares shall be the method developed by the Engineer of Work for Assessment District No. 79-2 which is set forth in the aforementioned report of the Engineer of Work. The method of apportionment as it relates to the thoroughfares does not provide for higher fees on land which abuts the thoroughfares except where the abutting land is provided direct usable access thereto.
(O) The parcels of property which will be subject to the payment of such fees as a condition of the recordation of a final subdivision map or parcel map are the excluded parcels. The excluded parcels are identified on Exhibit B of Ordinance No. 1674 on file with the City Clerk and the amounts of the fees to be paid by the owner of each such parcel for the construction of the bridges and thoroughfares are set forth on said exhibit opposite the description of each such parcel.
(P) The estimated cost of the construction of the bridges, including design and incidental costs and costs associated with the sale of the bonds of Assessment District No. 79-2, is $4,149,637.
(Q) The estimated cost of the construction of the thoroughfares, including design and incidental costs and costs associated with the sale of the bonds of Assessment District No. 79-2, is $12,913,383.
(`78 Code, § 16.24.160.) (Ord. 1744 § 1, 1984; Ord. 1674 § 1, 1983.)