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HomeMy WebLinkAboutRESO 5178. ' . ··~ that .111.:KJmh 12-9-75 125 OR~Gl~JAL , , RESOLUTION NO. 5178 -·~:... .. ."' ,,, <~- A RE$0LUTION RE~\J!S~ING CONSENT OF THE CITY COUNCIL OF THE CtT•i OFi llENLO PABK TO THE EXERCISE OF EXTRA-TERRITORIAL JURISDICTION~TO, UNDERTAKE PROCEEDINGS FOR THE ACQUISITION AND CONSTRUCTION OF PUBLIC IMPROVEMENTS AND TO PROVIDE THAT THE COSTS SHALL BE ASSESSED UPON THE DISTRICT BENE- FITED THEREBY UNDER APPROPRIATE SPECIAL ASSESSMENT AND ASSESSMENT-BOND ACTS WILLOW ROAD PROJECT NO. 74-65 ASSESSMENT DISTRICT RESOLVED, by the Council of the City of Palo Alto, California, WHEREAS, it is the intention of this Council to undertake appro- priate special assessment and assessment bond proceedings for the acquisition and construction of the improvements more particularly described iii Exbibi t "A" hereto attached and by reference incorporated herein; WHEREAS, this Council proposes to assess the cost of said acqui- sitions and improvements and the expenses incidental thereto upon a district benefited thereby, the exterior boundaries of which are the coterminous exterior boundaries of the composite and consolidated area shown on the map thereof on file in the office of the City Clerk; WHEREAS, a portion of said acquisitions and improvements to be made are within the incorporated territory of the City of Menlo Park and a portion of the lands to be assessed to pay the costs and expenses thereof is incorporated territory within said City; WHEREAS, said acquisitions and improvements to be made are of such a character that they will directly and peculiarly affect property not only within the boundaries of the City of Palo Alto but also the incorporated territory within the City of Menlo Park~ and the purposes sought to be accomplished can best be accomplished by a single com- prehensl ve scheme of work; WHEREAS, there has been filed with this Council a lorm of Res~lu­ tion of Preliminary Determination and of Intention to be used J.n said proceedings; and . . • WHEREAS, the public interest, convenience and necessity will be served by the making of said acquisitions and improvements and the levying of said assessments; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That request be, and the same is hereby made of the City Council of the City of Menlo Park, it being the legislative body hav- ing jurisdiction over the incorporated territory in which a portion of said acquisitions and improvements are to be had and made and said assessments are to be levied, grant to this City its consent, expressed by resolution, to the ordering of said acquisitions and improvements, to the formation of the assessment district, and to the assessment of the costs thereof upon the property benefited thereby, and the assump- tion of jurisdiction thereover for the purposes aforesaid, and to the making of such changes and modifications therein as may be proper or advisable in the manner provided by law. 2. That ~aid City Council, in said resolution, grant to this City its consent to open all such public streets as a.re required for the installation of said public improvements, said work to be done under the direction of the Director of Public Works of this City and to the satisfaction of the City Engineer of the City of Menlo Park, and in conformity with good engineering practice. This City shall require of the contractor that all of the provisions of the specifica- tions approved by this Council b~ complied with to the end that no greater amount of ditches are open at any time than is necessary, that they shall be adequately lighted and barricaded, that they shall be promptly backfilled and that the surface of the streets shall be re- stored with materials of like quality and character as those existing therein at the time of such work and to its former condition and state of usefulnes$ as nearly as may be. 3. That request be, and the same is hereby made that the form of Resolution of Preliminary Determination and of Intention to be adopted be approved. 2 .. 4. That the City Clerk of this City is hereby directed to file a certified copy of this resolution, together with a copy of said Resolution of Preliminary Determination and of Intention, with the City Clerk of the City of Menlo Park. * * * * * * I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the Council of the City of Palo Alto, California, at a meeting thereof held on the 15th d ---ay of necember , 1975, by the following vote of the members thereof: -------- AYES, and in favor thereof, Councilmembers: Beahrs. Berwald, Carey, Clay, Comstock, Eyerly, Norton, Witherspoon NOES, Councilmembers: None ABSENT, Councilmembers: Sher APPROVED: 3 DESCRIPTION OF PROPOSED ACQUISITIONS AND IMPROVEMENTS WILLOW ROAD PROJECT NO. 74-65 ASSESSMENT DISTRICT a) The widening and improving of Sand Hill Road from Santa Cruz Avenue to its northeasterly terminus, and Willow Road from said terminus of Sand Hill Road northeasterly to Arboretum Road, by grading and the construction therein of a four-lane road section, 64-feet wide, located within a 90-foot right of way, with a landscaped median strip, and by constructing therein base pavement, wearing surface, curbs, gutters, storm drainage facilities, street lighting facilities and landscaping improvements, with bicycle paths between the edge of curb and the right of way line, together with such additional acquisitions and improve- ments as may be necessary to mitigate any environ- mental impacts caused by the project. b) The widening and improving of Willow Road from Arboretum Road northeasterly to El Camino Real generally along the alignment identified as Align- ment l as shown on the plat on file in the office of the City Clerk, by grading and the construction therein of bas~ pavement, wearing sur-face. drainage facilities as required, street lighting facilities, landscaping improvements, together with such addi- tional acquisitions and improvements as may be necessary to mitigate any environmental· impacts caused by the project. c) The acquisition of all lands, easements, facilities and rights and the construction of all work auxiliary to any of the above and necessary to complete the same. EXHIBIT "A" that -----------------------------------e WJML:LJmb 12-10-75 J'I...~~~ to ... -v-r • "'""11'! ,d ~,./ . (,... -ii .::-17? RESOLUTION NO. r ! • '. "'""° ..-? ;! .... ,. c ,,. .~ . -,./ A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION ?y .. ~ WILLOW ROAD PROJECT NO . .,.t.82 ASSESSMENT DISTRICT RESOLVED, by the Council of the City of Palo Alto, California, 1. · It does hereby preliminarily determine that the public inter- est, convenience and necessity require, and that it intends to order the work to be done and the acquisitions and improvements to be made, as more particularly described in Exhibit "A" hereto attached and by reference made a part hereof. 2. To the extent that work, rights, improvements or acquisi- tions indicated in the Engineer's Report, to be made as provided here- in, are shown to be connected to the facilities, works or systems of, or are to be owned, managed and controlled by any public agency other than this entity, or of any public utility, it is the intention of the legislative body to enter into an agreement or agreements with the pu~lic agency or public utility or both pursuant to Chapter 2 (com- mencing with Section 10100) of Division 12 of the Streets and Highways Code, which agreement or agreements shall provide for the ownership by said agency or utility of such work, rights, improvements or acquisi- tions, and may provide for the installation of all or a portion thereof by said agency or utility and for the providing of service to the properties in the area benefiting fr0m-said work, rights, improve- ments or acquisitions by said agency or utility in accordance with its rates, rules and regulations, and that said agreement or agreements sball become effective after proceedings bave been taken for the levy of the assessments and sale of bonds and funds are available to carry out the tel'tllS of any sue~ agreement or agreements. 3. All of the blocks, streets and alleys berein mentioned are sbon on maps of record in the office o:f tbe County Recorder of the County of Santa Clara, State of California, and shall be shown upon the plans herein referred to and to be tiled with the City Clerk of this City. 4. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersec- tions of the public ways referred to are included to the extent that work shall be shown on the plans to be done herein. 5. All of said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimen- sions and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter pr9vided. 6. There is to be excepted from the work above described any of such work already done to line and grade and marked excepted or shown not to be done on said plans, profiles and specifications. 7. This Council does hereby adopt and establish as the official grades for said work the grades and elevations to be shown upon said plans, profiles and specifications. All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of the City of Palo Alto. 8. Notice is hereby given of the fact that in many cases said work and improvement will bring the finished work to a grade differ- ent from that formerly existing, and that to said extent said grades are hereby changed and that said work will be done to said changed grades. 9. In cases where there is any disparity in level or size between the improvements proposed to be made herein and private prop- erty and where it is more economical to eliminate such disparity by work on said private property than by adjustment of the work on public property, it is hereby determined that it is in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases. said work on private property shall, with the written consent of the owner ot said property, be done and the actual cost thereof may be added to the proposed assessment of the lot on wbicb said work is to be done. 2 10. Notice is hereby given that it is the intention of the Council to consider adoption of an ordinance authorizing contributions by the City from any sources of revenue not otherwise prohibited by law, or any specified amount, portion or percentage of such revenues, for the purpose of acquisition or construction of improvements, the acquisition of interest in real property and the payment of expenses incid€ntal thereto for the use and benefit of the assessment district, and to con- sider authorizing application of such revenues as a credit upon the assessment. 11. 1be description of the acquisitions and improvements and the termini of the work contained in this Resolution are general in 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 descriptions, as contained in the Engineer's Report, shall be control- ling as to the correct and detailed description thereof. 12. Said contemplated acquisitions and improvements, in the opinion of this Council, are of more than local or ordinary public benefit, and the costs and expenses thereof are made chargeable upon an assessment district, the exterior boundaries of which are the com- posite and consolidated area as more particularly shown on a map there- of on file in 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 included in the proposed district IP,Dd shall govern for all details as to the extent of the assessment district. 13. Said Council further declares that all public streets, high- ways, lanes and alleys within said assessment district in use in the performance of a public function as such, shall be omitted from the assessment hereafter to be made to cover the· costs and expenses of said acquisitions and improvements. 14. Notice ia hereby given tbat aerial bonda to represent the unpaid a.asesamente, and bear 1atereat at the rate of not to exceed eight percent (8') per un•, will be iuued hereunder iu tbe manner· 3 --~--------~----------···· --------- provided in tbe Improvement Bond Act of 1915, Division 10 of the Streets and Highways Code, the last installment of wbich bonds shall mature not to exceed twenty-four (24) years from the second day of July next succeeding ten months from their date. The provisions of Part 11. l of the Streets and Highways Code, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. 15. Except as herein otherwise provided for the issuance of bonds, all of said work shall be done as provided in the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code, and Section 17 of Article XIII of the Constitution of the State of California. 16. Said acquisitions and improvements are hereby referred to the Director of Public Works of this City, as the officer having charge and control of the acquisition and construction of public improvements in and for this City of the kind described herein. being a competent person employed by this City for that purpose. and said Director of Public Works is hereby directed to make and file with the City Clerk a report in writing, presenting tbe following: a) Plans and specifications of the proposed improvements to be made pursuant to this Resolution; b) Engineer's estimate of the total costs and expenses of said acquisitions and improvements and of the incidental expenses in connection therewith; c} Diagram showing the assessment district above referred to, and also the boundaries and dimensions of the respective subdivi- sions of land within said district as the same existed at the time of the passage of this Resolution, each of which subdivisions shall be given a separate number upon said diagram; d) A proposed assessment of the total amount of the cost and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in said district in proportion to the 4 .. estimated benefits to be received by such subdivisions, respectively, from said acquisiti0ns and improvements; e) Maps and descriptions of the lands and easements to be acquired. When any portion or percentage of the cost and expenses of the acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of said acqui- sitions and improvements, and said assessment shall include only the remainder of the estimated cost and expenses. Said assessment shall refer t~ said subdivisiORS by their respective numbers as assigned pursuant tc subdivision (c) of tbis section. 17. Notice is hereby given that in the opinion of the Council. the public interest will not be served by allowing the property owr.ers to take the contract for the construction of the improvements, and that pursuant to Section 10502.4 of the Streets and Highways COde, no notice of award of contract shall be published. 18. If any excess shall be realized from the assessment it shall be used1 in such amounts as the Council may determine, in accordance with the provisions of law. for one or m>re o! the following purposes: a) Transfer to the general fund of the City, provided that the amount of any sucb transfer shall not exceed the lesser of $1,000 or 51 of the total amount expended froa the i.JDprovement fund; b) As a credit upon the assessment and any supplemental assessment; or c) For the maintenance of tbe improvements • • • • • • • . \ .. . I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the Council of the City oI Palo Alto, California, at a meeting thereof held on the day of , 197_, by the following vote of the members thereof: AYES, and in favor thereof, Councilmembers: NOES, ABSENT, APPROVED: Mayor Approved: Councilmembers: Councilmembers: Bond Counsel City Clerk of the City of Palo Alto .. . DESCRIPTION OF PROPOSED ACQUISITIONS AND IMPROVEMENTS WILLOW ROAD PROJECT NO. 74-65 ASSESSMENT DISTRICT a) The widening and improving of Sand Hill Road from Santa Cruz Avenue to its northeasterly terminus, and Willow Road from said terminus of Sand Hill Road nor~heasterly to Arboretum Road, by grading and the construction therein of a four-lane road section, 64-feet wide, located within a 90-foot right of way, with a landscaped median strip, and by constructing therein base pavement,-wearing surface, curbs, gutters, storm drainage facilities, street lighting facilities and landscaping improvements, with bicycle paths between the edge of curb and the right of way line, together with such additional acquisitions and improve- ments as may be necessary to mitigate any ~nviron­ mental impacts caused by the project. b) The widening and improving of Willow Road from Arboretum Road northeasterly to El Camino Real generally along the alignment identified as Align- ment I as shown on the plat on file in the office of the City Clerk, by grading and the construction therein of base pavement, wearing surface, drainage facilities as required, street lighting facilities, landscaping improvements, together with such addi- tional acquisitions and improvements as may be necessary to mitigate any environmental impacts caused by the project. c) The acquisition of all lands, easements, facilities and rights and the construction of all work auxiliarv to any of the above and necessary to complete the same. EXHIBIT "A" • ut-2S7l De•• 1°.:r 31, 1975 *•· llaqantlaau._ ""ci.n Clt7 et MmJ.e ran, MJ•t: !Aloi !M4 ._,_. ... 1+@ l•••pqnrt !ln!MJ n.r lllqant: .,.,,,.,. a. a ...uw ...,. ., ............ .sna. ~ ., ta ..., Alee Cl.CJ' C.1 eil •'DH .. • IS, 11151 _. •tUWa -"• 1ll&Vl'lm _. .... cau1a:1 • na nn cwcn. ., n1 cm • -.o NS m ,.. 'l"CDI • D'IM-nar.rGl:I& ~ n *W"tl'.ID tua11u11 .. ns ..,.u111a1 -.. WIWitoa CW tm.lC M'IOft!ml'l9 OD 10 ntNJN fta .. *'I l&M.I. • MIDID .. !II nnucr Id iifD W**M --AllllfllA1I INCUI. &11111 I ft 8D MUl-t -#:fr vnsw WI ...... •• ff-U ASUSSimll tlU?nC'f I! AIM an111111. I• W.matxz1SA;111r, .. a..,9f "A --.1wes. el "91'-&M'J ...._ lrt'-al lat•ll••.. ns. n._,1...._ will lte ..... .... • ... h1e Abe ( \&)' Cl d1 If,., .._.. '1119 II IFtm' ef cM .. of ............. I t·ef-~J•lllhdmte•HI ..... ... • ..... c:.,. ... ~ •••MnM L.t~•• ........... ~Oil --.... ?_ .. (l--•'"111 -·-.,.. ............... ueon -OM_.,._......._ T..O-.C.-""' ., ................ ·--··-..---cc C A-- ,...._c.........,,,.. M-.a&.D 6 UriaT .. .,._....,. "· ... ._.MC• ...., __ _ .,,.,. ...... c. ............ _._ __ -u ... -.. ..-. ... -. -c.--TMO ...... _ .... ...... o.~ _.. ... -- • Mrs. Margaret Snowdon City Clerk City of Menlo Park Civic Center Menlo Park, CA 94025 Dear Mrs. Snowdon: .• Wnsox. Jom:s. M~~~fi:Yii&r AnO"Nr.vs AND c:oul::U:L1Lo'lfs ,..*, ~} Al.·,: •~O NOllTH SAN MATl:~-.j,C ':' •. "o.•ox11n 9AN MATCO,c•uidiNNu~]c•~• !r 3 ~H '7~ r•••l~ ....... u . - C ! 'j T Cl.:: f · ·.· -· "' ~ UF; .i ' .. :. January 7. 1976 Re: City of Palo Alto Willow Road Project c......_ .......... ~ ~ ......... . . ......... -.... ..,. .......... ~ _ ... _ ... ........ -.....ott -• ........... wt"aow., ~~ ............... ~. . .......... QrCOU1111M1L A. A. AA~llll (MO. •"''-'1 You have now received a certified copy of Resolution No. 5178 of the City of·Palo Alto, requesting consent of the City of Menlo Park to the Willow Road Project. ife have prepared and enclose to you a form of resolution grant- ing consent, for Council consideration. Upon adoption, we would appreciate receiving a certified copy of the resolution for our file. Please advise any questions or problems. Very truly yours, >f;::'. -=/ ~ {;._ ·-- for WILSON, JO~-~:irroN & LYNCH KJmh enc. cc-John D. Jorgenson, Esq. -Ann J. Tanner,,,,.,,