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Home My WebLink AboutRESO 6485' ~·. .. , I JHHW:SRC:hl :hl : h, 12/191 12/26/SS 01/08/86 2600S-l S245l 26005-1 S24Sl 26005-1 52451 ORIGINAL RESOLUTION NO. 6485 ---- A RESOLUTION OF PRELIMINARY DETERMINATION ANO OF INTENTION TO MAKE ACQUISITIONS ANO IMPROVEMENTS CALIFORNIA AVENUE PARKING ASSESSMENT DISTRICT NO. 86-l The City Council of the City of Palo Alto does RESOLVE as follows: Section 1: Council of the City of Palo Alto, County of Santa Clara, California, that ft does hereby prelfm1narily determ1ne that the public interest, convenience and necessity require, and that 1t 1ntends to order the making of the acquisitions and improvements described 1n Exhibit "A" attached hereto and made a part hereof. Section 2: Except as herein otherwise provided for the issuance of bonds, all of said work sha11 be done as provided in the Hunfcfpal Improvement Act of 1913 and Section 19 of Article XVI of the Constitution of the State of California and Sections 13.12.010. 13.12.040 and 13.12.050 of the Palo Alto Municipal Cede. Section 3: All of said work and fMprovements are to be constructed at the places and in the part1cu1ar 1ocat1ons, of the forms, sizes, d1mens1oni and materials, and at the 11nes, grades Ind elevatfons, as shown and delineated upon the plans, profiles and sptcff1cat1ons to be made therefor, as hereinafter provided. There 15 to be ocepted from the work above described any of such wor~ already done to line and grade and marked excepted or shown not to be done on said plans, profiles and specifications. Whenever any public way is herein referred to as running between two public ways, or from or to any pub11c way, the intersections of the public ways rtf•rr•d to are i~cluded to the extent that work is shown on said plans to be do"e therein. Said streets and highways are or wi11 be more particularly shown 1n the records in the office of the County Recorder of County of Santa Clara. State of California, and shall be shown upon said plans. Section 4: Notice is herebi giv~n of the fact that in many cases said work and improvements w111 bring the finished work to a grade d1ffere~t from that formerly ex1 st1 ng, and that to said extent said grades are hereby changed and that said work will be done to said changed grades. Section 5: In cases where there is any disparity in level or size between the improvements proposed to be made herein and private property and where 1t 1s more economical to eliminate such disparity by work on said private property than by adjustment of the work. on public property, it 1s · hereby determf ned that 1 t is 1 n t.he pub 11 c 1 nterest and more economi ca 1 to do such work. on prhate property to e lim1 nate such d1 spar1ty. In such cases, said work on private property shall, w1th the written consent of the owner of said property, be done and the actual cost thereof may be added to the proposed assessment of the lot on wh1ch said work 1s to be done. Section 6: Th1s Council does hereby adopt and estab11sh as the officil.1 grades for said work the grades and elevations to be shown upon said plans, prof11es and sp2c1fications. All such grades and elevations are to be in feet and dec1~als thereof with reference to the datum plane of this City. Section 7: Th& descr1pt1ons of the acquisitions and improvements and the tenninf of the work conti1ned in this Resolution are general fn nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work and maps and -2- . . • descriptions as contained in the Engineer's Report, hereinafter directed to be made and filed, shall be controlling as to the correct and detailed description thereof. Section 8: Sa1d contemplated acquisitions and improvements, in the opinion of this Counc11, are of more than local or ordinary public benefit, and the costs and exper.ses thereof are made chargeable upon an assessment district, the exterior boundaries of which are shown on a map thereof on file 1n the office of the City Clerk, to which reference is hereby made for further particulars. -said map indicates by a boundary line the extent of the territory inc 1 uded in the proposed di str1 ct and sha 11 govern for a 11 details as to the extent of the assessment district. Section 9: This Council declares that all public streets, highways, • lanes and a 11 eys wfth1n sa 1d assessment d1 str1 ct 1 n use 1 n the performance of a public function. and all lands owned by any public eritity, including the United States and the State of California, or any departments thereof, shall be omitted from the as~essment hereafter to be made to cover the costs and expenses of said acquisitions and improvements. Section 10: Said acq~i sitions and 1mprovements are hereby referred to D1rector of Public Works of t.he City of Palo Alto, as Eng1neer of Work. for this assessment district, a competent person employed by this City for the purpose hereof, and said Engineer ~f Work is hereby directed to make and file with said City Clerk a report in writing. presenting the following: (a) Maps and descriptions cf the lands and easements to be acquired; if any; (b) Plans and specifications of the proposed improvement if the improvement 1s not already installed. The plans and specifications do not need to be detailed and are sufficient 1f -3- .. . . they show or descr1be the general nature, location, and e~tent of the improvements. The plans or specifications may be prepared as separate documents, or either or both may be incorporated 1n the report as a combined document. (c) A general description of worxs or appliances already ins ta 11 ed and any other property necessary or convtn1 ent for the operation of the improvement, if the works, 1pp11ances, or property are to be acquired as part of the fmpro~ement. (d) An estimate of the cost of the improvement and of the cost of the lands, rights-of-way, easements, and incidental upenses 1n connection with the improvement, including any cost of registering bends. (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 w1th1n the dfstrfct. 3. The lines and dimensions of each parcel of land w1th1n the district. Each subdivision, sha11 be g1ven a separate r.umber upon the diagram. The diagram may refer to the county assessor's maps for a detailed description of the lines and dimensions of &ny pa rr.e 1 s, in which case those maps sha 11 govern for a 11 deu 11 s concerning the lines and dfmens1ons of the parcels. (f) A proposed annual assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in the district in proport~on to the estimated benefits to be rece1ved by each subdivision, -4- respectively, from the improvement. In lieu of the Ordinance formula s~t forth in Section 13.11.lSO(j) of the Palo Alto Municipal Code it is the intention of this Counci1 that a different formula (herein called 11 the proceedings formula") be used in determining the annual apportionment of assessments. Safd formula shall be as specified in said report. When any portion or percentage of the costs 2nd expenses of said acquisitions and improvements is to be paid from sources other than assessments. the amou~t of such portion or percentage shall first be deducted from the total estimated costs and expenses of said acquisitions and improvements, and said assessment shall include only the remainder of the estimated cost and expenses. Sect 1 on 11: If any surp 1 us sha 11 be rea 11 zed from the proceeds of the sale of the bonds to be issued as herein provided, such surplus shall be deposited in the redemption fund for such bonds. Section 12: Marvin Overway, Chief Transportation Official of the City of Palo Alto. is hereby designated as the person to answer inquiries regarding any protest proceed1 ngs to be had here1 n. and may be contacted during regular office hours at City Hall. 250 Hamilton Avenue, 5th Floor, Transportation D1v1sion, Palo Alto, California 94301, or by calling (415) 329-2578. Section 13: 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 fac11it1es, works or systems of, or are to be owned, managed and controlled by, any public agency other than th1s City, or of any public utility, it is the intention of this Council to er.ter 1nto a~ agreement with such public agency or public ut111ty pursuant -s- . . ' to Chapter Z (commencing with Section 10100) of Division 12 of the Streets and Highway Code, which agreement may provide for, among other matters, the ownership, ope rat ion ar.d maintenance by such agency or ut 111 ty of said works, rights, improvements and acquisitions, and may provide for the installation of all or a portion o'f such improvements by said agency or utility and for the providing of service to the properties in the area benefiting from said work, rights, improvements and acquisitions by such agency or utility 1n 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 ar~ available to carry out the terms of any such agreement. Section 14: Notice is hereby given that serial bonds to represent unpaid assessments, and bear interest at the rate of not to exceed ten percent (l~) per annum, or such higher rate of interest as may be authorized by applicable la~ at the time of sale of of such bonds, will be 1ssued hereunder in the manner provided by Bend Plan G, Section 13.16.150, Chapter 13.16 of Title 13 of the Palo Alto Municipal Code, the last installment of which bonds shall mature not to exceed nineteen (19) years froru the second day of September next succeeding twelve (12) months from their date. Section 15: Notice is hereby gfven that, in the opfn·;on of this Council. the public interest w111 not be served by allowing the property owners to take the contr-act for the construction of the improvements and therefore that 1 pursuant to Sect ion 20487 of the Pub 11 c Contract Code, no notice of award of contract shall be published. -6- . , .. Section 17: It 1s the intention of this Ccunci1 to create a special reserve fund pursuant to and as authorized by Part 16 of Division 10 of th! Streets and Highways Code of the State of California. I hereby certify that the foregoing fs a full, true and correct copy of a re solution duly passed and adopted by the Cou1ic i1 of the City of Palo Alto, Ca11forn1a, at a meeting thereof held on the -20-day of Janua.xy 1986~ by the following vote of the members thereof: AYES: Bechtel, Cobb, Fletcher, Levy, Patitucci, Renzel, Sutorius, Woolley NOES: None ABSENT: Klein ABSTAINING: None APPROVED: Mayor APPROVED: JONES HALL HILL & WHITE, A Prof~ssfonal law Corporation, 8~ By -, ~ ffiPris idefl Attorney ... ... f·. . . . . - City of Palo Alto JHHW:SRC:~ 01/15/86 52488 California Avenue Parking Assessment District 86-1 DESCRIPTION OF WORK Within the City of Palo Alto. County of Santa Clara. the acquisition and construction of the f~llowing public improvements: (a) The acquis1tion of two parcels of land. identified as Assessor Parcel Numbers 124-28-37 and 124-28-38, consisting of approximately .38 acres and commonly known as the '1Keystone lot", located on Cambridge A.venue. north of Birch Street and genera 11y bounded by Cambr-1dge Avenue. City of Palo Alto Public Parking Lot C-3 and New Mayfield Lane, including all rights. easements. and facilities appurtenant thereto. said acqu1 sition for the purpose of providing public parking; {b) The construction of improvements to said parcels upon acquisition thereof by the City of Palo Alto including paving. signage, striping. bicycle facilities, lighting, landscaping, curb and gutter improvements and· such other conforming improvments as required to meet applicable standards of the City of Palo Alto for public parking facilities; and ( c) The 1.cquis it 1 on of a Park 1 ng Structure Pl an app 1i cable to the combined parking fac111tfes of said Lot C-3 and the said parcels described 1n (a) above, and a parking facility for Lot 7 on Sherman Avenue between Birch and Ash, which Parking Structure Plan will provide the design, cost estimates and related information required to allow for the evaluation of proposed construction of a parking structure upon said lot and parcels. Together with the acqu1sit1cn ~f all rights of way, easements. permits, franchises and licenses, the undertaking of all proceedings, including, but not lfmfted to, eminent domain proceedings, and the construction of all auxiliary work necessary and/or convenient for the accomplishment of the foregoing acqu1s1t1ons and improvements. EXHIBIT A