HomeMy WebLinkAboutRESO 5179tlaat
9w.m.:LJllb 12-10-TS-126
ORIGINAL
tk.'; •. . . 14j ...• lll80LIJTIOR 1'0. 5179 : fin .: ,
A.~OR.D.QDBSTIBG CXiiSUT OF '!Bl DODD or SUPBRYISOBS
OP Tiil 'CX>Ulft'1' OF SOTA CLARA 10 1U UBIClSB OF BXTRA-
nDITORl AL JUllISDICTIOR TO wumrrAD PRDCDDIXGS JIOR 1'BB
.ACQUISITIOB Alm <X>llSTBDCTIOR OF PUBLIC IMPmVBllBMTS AllD
TO PJOVIDB THAT TBB OOSTS SHALL BE ASSBS8BD UP01f TBB DIS-
TRICT BDBFITBD .'ftl'.BREBY mcma .APPBOPRI&n SPSCIAL ASSBSS-
MDT ARD A88BSS81T B01'D ACTS .
WILLOW m>AD PBO.JBCT Im. 74-65
ASSBSSBin' DISTlllC't
BISOLYBD, bJ tile Council of the City of Palo Alto, Cali!oraia,
DBRBAS, it ta tbe iatentioa of this Cowlcil to UDdertab appro-
priate special asaeaament aad asse&S8tnt bolld proceedincs for tlle
acqllia1t10& aacl coaatructioa r;>f tbe illproYemeats more particu.larl.7
described 1D bllibit "A" Mreto attaclled and by refel'ence inco~rated
beret.a:
•&8BjS, th.is Comacil propcaes to asseea the caets of said. aeq91-
s1tioaa -d tmprovemeata and tlle expeuee iacidltatal tll.eJ'eto wPon. a
district beae:ft tecl tllereb7, 'tile exterior bo•Mrtee o'I wlllda. are tlle
cotenliaoaa exterior bouadari" of tile composite. aad COD&Olidatecl
area sboml on tbe map thereof oa file ill tile office of tile City Cleft.;
1111BRB.AS, a portioa of said acqulaitioas aa4 blprovemeiats to be
made are witb.:la tlae 1aiaeorporated te~tor7 of "tllilt CD.mt~ of' Saata
Clara aacl a pc>rtloa ~ tlle laadrn to be •••••••• to pa,-tlle coat• aad.
~ . ·-
NPH••• ttaereot' la -1aeolpa.rated tenitm7 witlai.a 11&14 Coaat~:
-AS. ni.d _&cfl111ait1au. aad ~ta to lie ..-ue of
-'* a olaane•I' tut tile' will ti11'98'17 _. pe-1brl~ aff4M.rt propez-Q
110t •lJ' nttata-. ~ 91·i11e ClQ' of hle Alto .. t al• tM
-~ted wrrito17 .tuata U. ea.q. of llaata Clua. aacl tM ·
P'll'I~~·· am211tt to ._ aea1 .. llflllt•· --..... • aeoa .,lillllled llw a ~l•le
-...... ,. ...... o! --·
w•. tlleft .._ ..._ fU .. witll. ·tMe O..oll a I09 of -la-
'loa of PnllMl•UJ Dete•·•t.ea .., of Jatentcia to ... _. la eai.4
WBBBBAS, tbe public interest, convenience and necessitJ -.111 be
served by the making of said acquisitions and illprovementa and tbe
levying of said assessments;
NOW, TBEBBl'OBB, IT IS OBDBRBD, as follows:
1. Tbat request be, and tbe same is hereby made of the Board
of Supervisors of the County of Santa Clara, it being the legislative
body having jurisdiction over the unincorporated territory in which a
portion of said acquisitions and improvements a.re to.be bad and made
and said asaesamants are to be-levied, grant to this City is consent.
expreaaed by resolution, to tbe ordering of said acquisitions and tm-
p:rovamenta, to the formation of the asse81!1818nt district, and to tbe
~-at of tbe coats thereof upon tbe propertJ benefited thereby,
&Qd the &88WIPtion.of jurisdiction thereover for the purposes afore-
said, and to tile ~lag of suCh cbanges and ..:>di:ficattons therein as
_,. be proper or advisable in tb9 ... aer provided b~ law.
2. Tbat said ~ of ~rvtsors, la said resolution, grant to
~his City its consent to open all such public streets as are required.
for the installation of -said public illpro-.-nts, said work to be done
under tile directioa of tbe Citr•s Director of Public Works and to the
satisfaction of the Director of ~aportatioa of aaicl County., and in
conformity witla 8QGcl eactaeertac practice.. Said CitJ' abal.1 require
of tbe coatrac"tor tbat all ot:i119 prcwtaioaa of tile apeciticatioaa
approftd b7 tilts eo..e11 be ~lled witla to tJae ead that no greater
..,ut of ditcllea are opea'at _,time tllu 1• De088llU7, that tbe7
sball_be adeqaa'telJ l!pted aa4_ barricaded, iui Ule7 allall' be prG111ptl7
. .
backfilled aad tlaat tile autace of tlae at1r'eeta lllaall be-reato:red wttla
-teriale ot like q11&1ltJ' ud cllaneter .. tlMia• u.inias tbereta at . -
t.tae tme of ncla won ~-tQ_: ite t.ow-r OOIMlltloli aad etate ot whl-
.... aa aearlJ u ~ be.
' 3. 'lllat Nfl.U..t be~ aad tba -i• llenbJ .... Uaat tile ton1
oi lletlol:aattoa of ..,_liaia&l'J Dewntaatl• Utt of l•teattoa to be
a4opted 1Nt approwd.
a
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
Clerk of the aoard of Supervisors of the County of Santa Clara •
• • • • • •
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 day
of December , 1975, by the following vote of the members thereof:
AYES, and in ~avor thereof, Councilmembers: Beahrs, Berwald, Carey,
Clay, Comstock, Eyerly, Norton, Witherspoon
NOES,
ABSENT,
APPROVED:
Approved:
Councilmembers: None
Counci lmembers: Sher
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DESCRIPTION OF PROPOSED ACQUISITIONS AND IMPROVEMENTS
WILLOW ROAD PROJECT NO. 74-65
ASSESSMErrr DISTRICT
a) The widening and improving of Sand Hill Road from
Santa Cruz Avenue to its northeasterly termfnus, 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 w~y,
with a landscaped median strip. and by constructing
therein base pavement, wearing surface~ curbs, gutters,
storJ11 dratnage 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 improvi~g of Willow Road from
Arboretum Road northeasterly to El Camino Real
generally along t~e alignment identified as Align-
ment I as shovm on the plat on file in the offic.e 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 auxiliary
to any of the above and necessary to complete the same.
EXHIBIT "A"
e 'JllL: KJmh 12-10-75
"IA v0 i.o vo~d
-exJ....J:;.._f --~ !I s171
RESOLUTION NO. (!: O "9i~ 1Jt.Lcf1d)
A RESOLU'fION OF PRELIMINARY DETERMINATION AND OF INTENTION
?YbC
WILLOW ROAD PROJECT NO. oil et!" -
ASSESSMENT DISTRICT
RESOLVED, by the Council of the City of Palo Alto, California,
that
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 gublic utility, it is the intention of
the legislative body to enter into an agreement or agreements with the
public 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, improv-ernents 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 ~he area benefiting from said work, rights, improve-
ments or acquisitions by-said agency or utili_ty in a~cordance with its
rates, rules and regulations, and that said agreement or agreements
shall become effective after proceedings have been ·taken for the levy
of the assessments and sale of bonds and·-funds are available to carry
out the terms of any such agreement or agreements.
3. All of the blocks, streets and alle1s herei~ mentioned are
shown-on maps of record in the office of tbe O:>unty -Recorder of the
County of Santa Clara, State ot California, and ah•ll be shown upon the
plans herein referred to and to be filed with-the-City Cle~k of this
City.
4. Whenever a.ny public way is herein referred to as runnin~
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 her~in.
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 materialst and at the lines, grades and elevations as shown
and delineated upon the plans, profiles and srecifications to be made
therefor, as hereinafter provided.
Sa 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 o.fficial
grades for said work the grades and elevations to be shown upon said
plans, profiles and specifications. All su~,h 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 finisherl. work to a grade differ-
ent from that formerly existing. and that to said extent said grades
are hereby changed and-tbat 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 dispal"i.ty by
work on said private property than by adjustment of tbe work on public
property. it is hereby determined that it is in the public interest
and more economical to do such work on private pre:pert1 to eliminate
such disparity. Ia such cases, said ~rk on private p.-operty sb.all,
.with tbe written consent of the owner of said property, be done and
the actual cost thereof aa:v be added to the proposed assessment of
the lot on which 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 prohibi te.d by law, or
any specified amount, portion or percentage of such revenuea, for the
purpose of acquisition or construction of improve111ents, the acquisition
of interest in real property and ~he payment of expenses incidental
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. The 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 ID&P indicates by a boundary
~'
line the extent ot the territory included in the proposed district and
shall govern for all details as to the extent of the assessment district.
13. Said Council further declares that all public streets, high-
wayst lanes and alleys within said assessment district in use in the
perfo:nnance of a public tunction as such, shail be omitted from the
assessment here&fter to be made to cover the costs and expenses of
said acquisitions and improvements.
14. Notice is hereby given tbat serial bonds to represent tbe
unpaid assessments, and bear interest at tbe rate of not to exceed
eight percent (8') per ana•, will be i&Jaued hereunder in the manner
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provided in the Improvement Bond Act of 1915, Division 10 of the
Streets _and Highways Code, the last installment of which 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
Pa.rt 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 t~e 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 the 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 fl.hove referred
to, and also the boundaries and dimensions ot the respective subdivi-
sions of land within said district a.~ the same existed at the time of
the passage of this Resolution. ea.ch 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 itlprovements upon the
several subdivisions of· lancl· in said district in proportion to the
4
• ..
estimated benefits to be received by such subdivisions, respectively,
from said acquisitions 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 source~ 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 to said subdivisions by their respective numbers as assigned
pursuant to subdivision (c) of this section.
17. Notica is hereby given that in the opinion of the Council,
the public interest will not be served by allowing the property owners
to take the contract for the construction of the improvements, and
that pursuant to Section 10502.4 of the Streets and BighwRys Code, no
notice of award of contract shall be published.
18. If any excess shall be realized from the assessment it shall
be used, in such amounts as the Council may determine, in accordance
with the provisions of law, for one or more of the following purposes:
a) Transfer to the general fund of the City, provided
that the amollDt of any such transfer shall not exceed the lesser of
$1,000 or 5% of th~ total amount expended from the improvement fund;
b) As a credit upon the assessment and any supplemental
assessment; or
c) For the maintenance of the improvements •
• • • • • •
5
"
.. . .
..
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 ----day of ~~~~~~-· 197~, by the following vote of the members
thereof:
AYES, and ln favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Counci !members:
City Clerk of the City of Palo Alto
APPROVED:
Mayor
Approved:
Bond counsel . . ;
..
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 construc~ion 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 f~cilities
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 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, ~treet 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 o~ all work auxiliary
to any of the above and necessary_ to complete the same.
EXHIBIT 11.A"
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W1LSON, JONES, MoRTOK 8c LYNCH
ATTOIOIE'l'S ANO Ct'UNStLLOlllS AT LAW
•>O NOlllTH ...... MATICO CHU'ltC
"-O.•OJC ISie
ISAN MATEO, CAl.lf"OANIA 114401
[41SJ >4a•>U:I
January 7, 1976
Honorable Board of Supervisors
County of Santa Clara
70 West Hedding Street
San Jose, California 95110
Attention: Mr. Donald M. Rains
Clerk of the Board
Members of the Board: Re: City of Palo Alto
Willow Road Project
, ...... ,1. •·•·••••·•• ..........
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orcou-.asa.
A. A. ~-•ULN fMO OJlil .. TJ
You have now received a certified copy of Resolution No. 5179
of the City of Palo Alto requesting consent of the County to the
Willow Road Project of the City.
We have prepared and enclose to you the form of Resolution
Granting Consent, for Board consideration.
Upon adoption we would appreciate receiving a certified copy of
the resolution for our file.
KJmh
enc.
Please advise any questions or problems.
for WILSON, JONES,
cc-Office of County Counsel
-Ann J. Tanner, City Clerk
0.i."l't' 01\fd :iC AllO
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& LYNCH
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