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CC Resolution No. 3873.17 . • ;.::WJM~JH:pn 9%15/77 • . ~ ~ ~ r , . . . ~ RESOLliTION NO. 3873.17 ~ A RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING CHANGES AND MODIFICATIONS VALLCO PARK ASSESSMENT DISTRICT NO. 1974-2 RESOLVED, by the City Council of the City of Cupertino, California, that ~ WHEREAS, in proceedings being conducted by this Council ~ pursuant to Resolution of Intention No. 3873.2, adopted March 17, 1975, this Council; by adoption of Resolution No. 3873.8 on July 7, 1975, adopted .the Engineer's Report; confirmed the assess- ment and ordered that the work and acquisitions be made and thereafter by adoption of Resolution No. 3873.15 on.May 3, 1976, ~ ordered changes and modifications in the acquisitioris and improve-~ ments to be made, in the Engineer's Report, including the assess- ment, and in said proceedings. ~ WfIEREAS, a petition for further changes and modifications, signed by the owners~of all parcels of land within said assessment ~ district, has been filed with this Council and a Second Supplement to Engineer's Report, dated.September, 1977, and based on the~changes and modifications requested by said petition, has been filed~with the City Clerk;. . WHEREAS, a List of Unpaid Assessments based on the assessment as originally confirmed, was duly certified on Jariuary 5, 1976; . WHEREAS, the public interest, convenience and necessity require that.the changes and modifications requested.by said petition be made, all.as more particularly described and set forth in said petitian and as.hereiriafter ordered; , ~ NOW, THEREFORE, IT IS ORDE~.r^.;D as follows: . l. That the changes and modifications requested by.said . petition to be made in these proceedings,:in the acquisitions and improvements and in the Engineer's Report be made, all as more particularly described and set forth~in said petition, including the following modifications..of the acquisitions and~ .improvements to be~made., to wit: (a) construction of a storm drainage box culvert (between the northerly side of.Stevens Creek ~ Boulevard and the.nortlierly si:de of Vallco Parkway) and a trapezoidal earth chanriel (between the.northerly side of.Vallco Parkway and the southerly side of Interstate Highway:280) to relocate the ~ ~ . . . . . ~ . ' . . ~ . i ~ ~ , ' . , ~ , , ,4 ~ alignment of Calabazas Creek between the northerly line of Stevens Creek Boulevard and the southerly line of Interstate Highway 280 to generally follow the alignment of nroposed Finch Avenue (including the six=lane storr.? drainage culvert at the intersection , of Va11co.Pa_rkway and said relocated Calabazas Creek heretofore ordered inclucted in the proposed improve~nts by said Resolution Ydo. 3873.15); (b) construction of a.water pipeline in an easement through assessment.parcels 5 and 6; (c) acquisition of all lands. and easements and the construction of.all work.auxiliary to and necessary to complete any of the above; and (d) deletion of the temporary and.permanent~brid~es across said creek. 2. That said Second Supplement io Engineer's Report, . showing said changes and modifications in the acquisitions and improvements to be made, estimate~ of costs and the assessment, including the respective individual assessments, is hereby approved and shall_ be.filed and recorded.with the original Engineer's Report. , 3. That,:as~ reflected in said modified estimate of costs, it is intended that the following contributions to the project will be made, to wit:.(a) $41,555.00 by the City of Cupertino; and (b) $386,000.00, plus.one-half of the actual cos~s of establishment of a riparian habitat in said earth channel,~estimated.to be ~ $15,~000.00, by the Santa Clara Valley Water District. ~ . ~ 4. That the total assessment in these proceedings be increased to $1,770,000.00 and each of the individual assessments be changed to the respective amounts set forth in Column 4 of the assessment roll included,in said Second Supplement to Engineer's Report. ~ 5. That the City Clerk cause revised Notices to Pay Assessments to.be mailed to the owners of each parcel for which ~ ~the assessment is modified liereby. ~ ~ ~ . 6. That the Finance Director, as the person designated ~ ~ to take payments of assessments, prepare and duly file an Amended List of Uripaid Assessments. ~ . 2 . ~ ' ~ • . . . ~ . . ' ~ . . . . • ' PASSED AND ADORT.ED at a regular meetina of the City Council of the City of Cupertino this 19th day of September , 1977, by the following vote: Vote Members of the Council AYES: Jackson, Meyers, Nellis, 0'Ke.efe, Frolich NOES : None . ABSENT: None ~ ABSTAIN: None . . APPROVED: ~ • ' /s1 D'oriald~ A. Frolich ~ ~ ~ Mayor, City o Cupertino . ATTEST: ~ ~ . ./s/ Wm. E. Rvder . ~ City Clerk : ~ . ~ 3 ' . . . .