CC Resolution No. 3871.02
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RESOLUTION I~O. 3871.2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY ~F CUPFRTINO
OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS .
VALLCO PARK ASSESSMENT DISTRICT
N0. 1974-1 ,
RESOLVED, by the City Council of the City of Cupertino,
California, that ~
1. In its opinion the public interest and convenience
require and that it is the intention of said Council to order the
following acquisitions and improvements, to wit:
a) Traffic signal modification, construction, modification
and rest-ri.ping.of the intersection of Wolfe Road and
Homestead Road, as described in the de Leuw Cather
report dated August, 1973 (19 k)*,
b) Installation of a multi-phase traffic signal with double
left-turn lanes westbound on Pruneridge Avenue at the ~
intersection~of Pruneridge Avenue and Tantau Avenue (19 e)*, ~
c) Construction of an exclusion right-turn lane on Wolfe Road
northbound at the approach to Pruneridge Avenue (19 1)~,
d) 'The construction of a freeway overcrossing of Tantau
Avenue over Interstate 280 (paragraph following 19 p)~,
e) Construction of intersection improvements at Tanta.u Avenue
and Vallco Parkway, to the requirements of the Director
of Public Works (19 p)*.
f) The acquisition of all lands and easements and th.e con- . ~
struction of all work auxiliary to any of the above and
necessary to c•arry out the same .
#Parenthesized references are to the "Conditions of Approval"
Vallco Park Regional Shopping Center, 6-u-73, approved as conditions
of approval of Application 6-U-73, by the City Coumcil of the City
of Cupertino on July 16, 1974,
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2. To tYie extent, that work, rights, improvements or
.acquisitions~indicated i~n th~e Engineer's•Report, to be made as
provided herein, 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 agree-
ment or agreements with the public agency or public utility or
both pursuant to Chapter 2(commencing 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 works, rights, improvements or acquisitions, and may provide
for the installation of all or a portion thereof by said agericy or
utility and for the providing of service to the properties in the
area benefiting from said work, rights, improvements or acquisitions
by said agency or utility in accordance 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. Whenever any public way is herein referred to as running
between two public ways, or from or to any public way, the inter-
sections of the public ways referred to are included to the extent
that work shall be shown on the plans to be done therein.
4. Said streets and highways are more particularly shown
in the records in the office of the County Recorder of Santa Clara
County, California, and shall be shown upon the plans herein referred .
to and to be filed with the City Clerk of said City. ,
5. All of said work and improvements are to be constructed
at the places and in the particular locations, of the forms, sizes,
dimensions 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 provided. . '
6. There is to be excepted from the work herein 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.
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7. Notice is hereby given of the fact that in Many cases
said work and imp.rovement will bring the finished work to a grade.
different from that formerly existing,.and that to said extent
said grade~s are hereby changed and that said work will be done to
said changed grades.
8. Said Council does hereby adopt and 'establish as the
official grades for said work and grades and e_levations 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 Cupertino.
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10..of the Stree.ts 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 (10) months from their date.
The provisions of Part 11.1 of said Act, providing an alternative
procedure for the.advance payment of assessments and the calling of
• bonds, shall apply. ~
15. Noti:ce is further given that should there be publicly
owned operative property within the assessment district, certificates
or serial bonds to represent the unpaid assessments against publicly
owned property in use in the performance of a public~function and
bear interest at the rate of not to exceed eight percent (8~) per
~ annum, will be issued hereunder pursuant to Section 6467 or Chapter
4.5 (commencing with Section 6468), Part 5, Division 7 of the
Streets and Highways Code of the State of California, the Improve-
ment Act of 1911, the last installment of which certificates or
bonds shall mature not to exceed twenty-four (24) years from the
second day of June beginning with the fiscal year next following
the date of the bonds.
16. Except as herein otherwise provided for the issuance
. of bonds, all of said improvements shall be done pursuant to the
provisions of the Municipal Improvement Act of 1913.
17. Reference is hereby made to proceedings had pursuant
to Division 4 of the Streets and Highways Code on file in the office
of the City Clerk.
18. Said proposed acquisitions and improvements are hereby
referred to the Engineer of Work, being a competent person
employed by said City for that purpose; and said Engineer is hereby
directed to make and file with the Clerk of said City a report in
writing, presenting the following:
(a) Maps and descriptions of the lands and easements
to be acquired;
(b) Plans and specifications of the proposed improve-
ments to.be made pursuant to this Resolution of Intention;
~ _(c) Engineer's statement of the itemized and total
estimated costs and expenses of said acquisitions and improvements
and of the incidental expenses in connection therewith;
(d) Diagram showing the assessment district above
referred to, and also the boundaries and dimensions of the respec-
tive subdivisions of land within said district as the same existed
at the time of the passage of this Resolution of Intention, each of
which subdivisions shall be given a separate number upon said
diagram;
(e) A proposed assessment of the total amount of
the costs and expenses of the proposed acquisitions and improvements
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9. In.cases where there is any disparity in level or size
between the improvements proposed to be.~macle herein and private
property and where it is more economical to eliminate such dis-
parity by work ori 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 of
said property, be done and the actual cost thereof;may be added
to the proposed assessment of the lot on which said work is to be
done. '
10. Notice is hereby given that it is the intention of the
Council to consider adoption of an ordinance authorizing contri-
butions 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 coristruction
of improvements, the acquisition of interest in real property and
the payment of expenses incidental thereto for the use and benefit
of the assessment district, and to consider authorizing application
of such revenues as a credit upon the assessment.
11. The descriptions of the acquisitions and improvements
and the termini of the work contained in this Resolution are general
in.nature. Al1 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 Engirieer's
report, shall be controlling as to the correct and detailed descrip- '
tion thereof.
12.. Said contemplated acquisitions and improvements, in
the opinion of said Council, are of more than local or ordinary
public benefit, and the costs and expenses thereof which is not
paid by the State or others are made chargeable upon an assessment ,
district, the exterior boundaries of which district are the
composite and consolidated area as more particularly shown on a
map thereof on file in the office of ~he 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 and shall govern for all details as to
the extent of the assessment district.
. 13. Said Council further de,clares that all public streets
and highways within said assessment district,in use in the perform-
ance of a public function as such shall be omitted from the assess- '
ment hereafter to be made to cover the costs and expenses of said
. acquisitions and improvements.
14. Notice ,is hereby given that serial bonds to represent
- the unpaid assessments, and bear interest at the rate of not to
exceed eight per.cent (8%) per annum, will be issued hereunder in
the manner provided in the Improvement Bond Act of 1915, Division
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upon the several subdivisions of land in said district in propor-
tion to the estimated -benefits to be received by such subdivisions,
respectively, from said acquisitions and improvements, and of the
expenses incidental thereto.
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 acquisitions 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 respec-
tive numbers as assigned pursuant to subdivision (d) of this
Section.
19. Notice 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 Highways Code, no notice of award of contract shall be pub-
lished.
20. 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, pro-
vided that the amount of any such transfer shall not exceed the
lesser of $1,000 or 5% of the total amount expended from the
improvement fund;
(b) As a credit upon the assessment and any supple-
mental assessment; or
(c) For the maintenance of the improvements.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Cupertino this 17th day of March , 1975, by
the following vote:
AYES: Councilmen — Frolich, Meyers, Sparks
NOES: Councilmen - Nellis, Jackson
ABSENT: Councilmen - None
ATTEST:
FIVISIVICITSITIM
C' y Clerk
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