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HomeMy WebLinkAboutRESO 8035RESOLUTION NO. 8035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALO ALTO PRELIMINARILY APPROVING ENGINEER'S REPORT AND DIRECTING ACTIONS WITH RESPECT THERETO UNIVERSITY AVENUE AREA OFF-STREET PARKING ASSESSMENT DISTRICT The City Council (the "Council") of the City of Palo Alto (the "City"), County of Santa Clara (the "County"), State of California, resolves as follows: 1. Resolution of Intention. On January 22, 2001, this Council adopted its Resolution of Intention to Make Acquisitions and Improvements, (the "Resolution of Intention") under the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of California, as amended and modified by other applicable laws (collectively, the "Act") to initiate proceedings under the Act in and for the City's University Avenue Area Off-Street Parking Assessment District (the "Assessment District") . 2. Engineer's Report. The Resolution of Intention referred the acquisitions and improvements described therein to Harris & Associates as the Engineer of Work and directed the Engineer of Work to prepare and file with the City Clerk a report entitled the "Preliminary Engineer's Report" (the "Engineer's Report") pursuant to the Act and containing information set forth in the Resolution of Intention, to which reference is hereby made for further particulars. 3. Engineer's Report Preliminarily Approved. The Engineer of Work has prepared and filed the Preliminary Engineer's Report with the City Clerk, and this Council with the aid of City staff has reviewed the Engineer's Report, and hereby finds it to be sufficient for, and that it shall stand for purposes of subsequent proceedings for the. Assessment District and the Engineer's Report is hereby preliminarily approved. 4. Public Hearing. Pursuant to the Act, this Council hereby orders that a public hearing shall be held before this Council, in the regular meeting place thereof, City Council Chambers, City Hall, 250 Hamilton Avenue, Palo Alto, California on March 19, 2001, at the hour of 7:00 o'clock p.m., for the purposes of this Council's determination whether the public interest, convenience and necessity require the acquisitions and improvements, whether the properties in the Assessment District are specially benefited by the acquisitions and improvements, the tabulation of special assessment ballots and the determination of the existence of any majority protest and this Council's final action upon the Engineer's Report and the assessments therein. The public hearing may be continued from time to time as determined by the Council. 5. Notice. The City Clerk is hereby authorized and directed to cause notice of the hearing ordered under Section 4 hereof to be given by mailing, postage prepaid, in the United States mail, and such notice shall be deemed to have been given when so deposited in such mail. The envelope or cover of the mailing shall include the name of the City and the return address of the City Cle~k as the sender. The mailed notice shall be given to all owners of property proposed to be assessed within the Assessment District as shown in the Engineer's Report by such mailing by name to those persons whose names and addresses appear on the last equalized assessment roll of the County of Santa Cl~ra or the State Board of Equalization assessment roll, as the case may be. The amount of the proposed assessment for each parcel shall be calculated and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire Assessment District, the amount chargeable to the owner's particular parcel, the anticipated duration of payments for the assessment if bonded, the reason for such assessment and the basis upon which the amount of the proposed assessment was calc.ulated. Each such mailed notice to owners shall contain a ballot which includes the property owner's name, identification of the parcel and support or opposition to the proposed assessment. Each notice shall include, in a conspicuous place, a summary of the procedures applicable to the completion, return and tabulation of ballots, including a disclosure that the existence of a majority protest (whereby ballots submitted in opposition exceed those submitted in favor of the assessment, with ballots weighed according to proportional financial obligation · of the affected property) will result in the assessment not being imposed. The notice herein pro.vided shall be mailed not less than forty-five (45) days before the date of the public hearing ordered under Section 4 hereof. Each mailed ballot shall include a sealable return envelope with the City's address for receipt of completed ballots. 6. Ballots. The City Clerk shall maintain a separate and secure file for the safekeeping of the assessment ballots as they are received and pending tabulation. Ballots shall be received up to the time, of the closing of the public hearing. Ballots shall remain sealed until the close of the public hearing and the beginning of the tabulation, provided that ballots may be submitted, or changed, or withdrawn by the person submitting the ballot prior to the conclusion of the public hearing. The City Clerk is hereby designated as the impartial person responsible for the tabulation of the ballots. During and after tabulation, the ballots shall be disclosable public records under Section 6252 of the California Government Code. For purposes of the administration of the ballots, this Council hereby approves the Assessment Ballot Procedures for the Assessment District in the form on file with the City Clerk. 7. Boundary Map. The proposed boundaries of the proposed Assessment District are hereby described as shown on a map thereof on file in the office of the City Clerk (the "Boundary Map") , which indicates by a boundary line the extent of the territory to be included in the proposed Assessment District and . which Boundary Map shall govern for all details for further purposes of the proceedings -2- for the Assessment District and to which reference is hereby made for further particulars. The City Clerk is hereby authorized and directed to endorse upon the original and at least one copy of the Boundary Map the date of the filing thereof and date and adoption of this resolution and to cause a copy of the Boundary Map to be filed with the County Recorder of the County of Santa Clara, in which all of the proposed Assessment District is located, within fifteen (15) days of the adoption of this resolution, but in no event later than fifteen (15) days before the date of the public hearing ordered under Section 4 hereof. The County Recorder shall endorse upon the Boundary Map the time and date of filing and shall fasten the same securely in a book of maps of assessment and community facilities districts which the County Recorder shall keep in his or her office. The County Recorder shall index the Boundary Map by the name of the City and by the distinctive designation of the proposed Assessment District. * * * * * * * * * * * * -3- INTRODUCED AND PASSED: January 22, 2001 AYES: BEECHAM, BURCH, EAKINS, FAZZINO, KLEINBERG, LYTLE, MOSSAR, OJAKIAN NOES: ABSENT: ABSTENTIONS: AT~. ~ City Clerk 2r ~ APPROVED AS TO FORM: Jones Hall, A Professional Law Corporation By,~ S~aleg;io Bond Counsel Sr. Assistant City Attorney -4-