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Home My WebLink AboutRESO 5565,.. • IJ097-20a &:KIJ:dh 06/27/78 ~ESOLUTION NO. 5565 A RESOLUTION OF INTENTION TO MAKE ACQUISITIONS AND IMPROVEMENTS ORIGINAL CALIFORNIA AVENUE AREA BEAUTIFICATION PROJECT PROJECT NO. 77-70 RESOLVED, by the Council of the City of Palo Alto, California. that the public inter.est, convenience and necessity require, and that it intends to order the making of the acquisitions and improvements des~ribed in Exhibit "An attached h~reto and made a part; hereof. 1. Al! of sa~d work and improvements are to be constructed at ~he places and in the particular locations, of the forms, sizes, dimensions and mate~ials, and at the lines, grades and elevation~, a~ s~own and deline~ted upon the plans, profiles and specificatons to ~e made therefo~ as hereinafter. provided. There is ~o be excepted from t~e work above described any of such work already done to line a~d g~n~e ~~d ~arked excepted or shown not ':o be done on said p:ans, ';l"'~:.-n_J.c.; a:1d specifications. Wher:evei:: any public way is ~erei~ ~eferreC ~o as running between two public ways, or from or to any p~b-ic ~~v, tte ~~~e·:~ctions of the public ways referted to are incl'Jdcd to '-he exte?1t ·:·_:_ ~ work is shown on -:::cr.;d 0J..r:-1J::: ~o be ~one there i :::•. Said ~': ree ':.s "'~·:.i :, J_ghways are roor~ !)art icuJ.ar ly showri ir. t~e ~ecords in ~~e ~cric~ of the County Recorder of 1anta c:ara Cr-;_!.n":y, State o~ Cal •:''.'"!ia, and shall be s1io;.·n i.:90r. sa::_c plan~. 2. Notice is he~r 'v ~iven of the fact t~at in many cases said work and improvement w~-:-biing the finished r~r~ to a gra~e ~!~ferent f!~~ t~at f0r~~rly existing, and ~hat ~o satd ex~Pnt said' ·~ ..... ~~~s ~xe ~er eby ~hc!"~e-': .;:rd that said work .-: :<_ • b".'.· done to i: a j d --· ...,,. ~ g~ade~. 3. The 1escri?t!r~~ >f the acquis~.t~o~:::o and improvements an<" -~~ -~w~~ni of the wor~ ~-~~ained in this Re~0lution ar~ general ~r ""'>. -J • <?. A ;_1 1 ter'!s c·: -wr: ·, ~0 not necess-3r. i.ly extend for t:~e full "·•?':., of the dr:-scr :·:~ o~ -· ~-reef. The plan::: and profiles of ':he ·-.o· · =i•i map:: -?..·-·"' C.t=:··:,..·: -!:~~·-:s a~ contai!'led in the Engineer's -=:'J he!"'"·•a:-::0 .-~::,·"'·:·-.c,.·· ':.o be :mac'? ana .filed, sha::.! be .''.i--i~ a::·-:~:·::~' -·':and detaile~ descr:.ptior thr::reof. sa:.o ·--~._ "'\ ., ., ·--: -::. .. -= ... ~~4.$ .. l.~~<;.c:=·-.,· .::. ... '" ""!'" :lerk, ) 9aid me:;:> :_ nc!.udeo to wn ~ ·-.~ ~ "l~-. -.(-·-. c ~ _·cquisi tions H~(" improvements, in: ,':...e _·;·: >1cy, are of :~.0=~ ':~an local 0!" or.~ir.an· and expenses thereof are .. :, ~ .. c is tr ict, ':h0 r x:':e~ ior ' . r -=. i.:: ie3 of ~ ··.~of on file in the offic~ ~· ~h~ C~~Y -~ '~ ~~reby ~ade for further pa~ iculats. --·dary line the extent of the e~ritnry : ~-~ict and shall qovern for a 1 de~a3!s -~0-3roent distric . ' 5. This legislative body declares that all public streets, highways, lanes, alleys and other property within said assessm@nt district in use in the performance of a public function, and all landg ~ned by the United States and the State of California, or any del;)artments thereof, shall be omitted from the assessment hereafter t~ be made to cover the costs an expenses of said acquisitions and improvements. 6. Except as herein otherwise provided for the issuance of bonds, all of said work shall be done as provided in Section 13.12.040 of Chapter 13.12 of Title 13 of the Palo Alto Municipal Code (anala9ous to the Municipal Improvement Act of 1913) and Division 4 of the Streets and Highways Code of the State of California. 7. Said acquisitions and improvements are hereby referred to the City Engineer, and said City Engineer is hereby directed to make and file with the City Clerk a report in writing, presenting the following: -.· (a) Maps and descriptions of the property or rights to be _, acquired, if any; _ (b) Plans and specifications of the proposed improvements to be made pursuant to this Resolutionr (c) Engineer's estimate of the total c~sts and expenses of said acquisitions and improvements and of the incidental ~xpenses in connection therewithJ (d) Diagram showing_ ~he assessment district aoove referred to, and also the boundaries and dimensions of the respective subdivisions of land within said district as the same exist~d at the time of the passage of this Resolution, each of which subdivisions shall be given a separate number upon said diagr.am: (e) A Proposed assessment of the total amo~nt of the cost and expenses of said acquisitions and improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquieitions and improvements. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (d) of this section. . When any portion or percentage of the costs and expenses of said acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentaqe shall first be deducted from the total estimated cost and expenses of said acquisitions and improvements, and said assessment shall include only the remainder of the estimated cost and expenses. --8. If any excess shall be realized from the assessment t it shall be used, in such amounts as this legislative body may determine~ -·~in ac·-:ordance with the provisions of law, for one or more of the foll0wing purposes: - (a) Transfer to the general fund of-this public entity, provided that the-amount of any such transfer shall not exceed the lesser of $1, 000 or _,, of the total amount ~xpended from the improvement fundi (b) _As a credit .1pon the assessment and any supplemental ae•••••ent1 or (o) For the maintenance of the improvements. 2 9. Ben Pawloski, Director of Public Works. a-nd/or Rik Skala, Project Manager of this public entity are hereby designated as the person to answer inquiries reqardinq any protest proceedings to be had herein, and may be contacted during regular office hours at the City Hall, 250 Hamilton Avenue, Palo Alto, California 94301 or by calling (415) 329-2325 as to Pawloski and (415} 329-2270 as to Skala. 10. Notice is hereby given that serial bonds to represent unpaid assessments, and bear interest at the rate of not to exceed eight percent {9%) pee annum, will be issued hereunder in the manner provided by Section 13.16.100 (Bond Plan A -Lot Bonds) of Chapter 13.16 of ~itle 13 of the Palo Alto Municipal Code (analaqous to the Improvement Act of 1911, Division 7 of the Streets and Highways Code), the last installment of which bonds shall mature not to exceed nine (9) years from the second day of January next succeeding the next September 1 following their date. - 11. Bonds issued pursuant to paragraph 10 above shall be made payable to bearer and provide a premium of five percent (5%) of the unmatured principal thereof on call, and this legislative body hereby tlects that the first one percent (lt) penalty on said bonds shall be retained by the Treasurer and shall be charged as a cost of servicing the delinquency. 12. Reference is hereby made to proceedings had pursuant to Division 4 of the Streets and Highways Code which are on file in the office of the City Clerk. 13. Notice is hereby given that, in the opinion of this legislative body, the public interest will not be served by allowing the property owners to take the contract for the construction of the improve-men ts and therefore that, pursuant to Section 10502. 4 of the Streets and Highways Code, no notice of award of contract shall be published. - • * * I hereby certify that the foregoing is a full, true and corr~ct 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 11th day of July , 1978, by the following vote of the members thereof: AYES, and in favor thereof, Councilmembers: Brenner, Clay, Eyerly, Fazzino, Fletcher, Henderson, Sher .NOES, Councilmembers: None ABSENT, Counc i lmember s: Withe rs poon NOT PARTICIPATING: Carey APPROVED: 4 0 ----------------------------------~--------------~--~~~~----~ "· • . :f! ~ . .. • General Description of Proposed Improvements California Avenue Area Beautification Project The improving of California Avenue from El Camino Real to the Southern Pacific Railroad right-of-way by the constructon of major modifications to the fountain at El Camino Real, removal of all ....... .. exi .. ~ing privet trees, installation of benches, flagpole lights, and kiosks and replacement of the existing irrigation system, t09ether with the acquisition of such property and rights and the construction of such improvements as may be auxiliary to any of the above and necessary to carry out the same.