CC Resolution No. 1381-03 ~ ~ ~ . •
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RESOLUTION N0. 1381-3
A RESOLUTZON OF INTENTION TO ACQUIRE AND
CONSTRUCT IMPROVEMENI'S
STEVENS CREEK BOIILEVARD - STELLING ROA~ - McCLELLAN ROAD
IMPROVII~3ENT PROJECT
RESOLVED, by the Cit,y Council of the City of Cupertino,
Galifornia, that in its oFinion the public interest and convenience
require and tha* it is the intention of said Council to order the
following acquisitions and improvementsy t.o wit;
1. a) The acquysition of easements necessary to widen Stevens
Creex Boulevard to a uniform width of 120 feet from West
Valley Freeway to near Highway 9 and the improving thereof
by cleari.ng and griabbing, ~rading, subgrade preparation,
base Favement and wearing surface, asphalt feathering, and
berms, conerete curbsy guiters, sidewal.ks and islands, traf-
fic bars, striping, storm dra.in pipey catch basins, manholes
a.nd appurtenances, water mains, valves, hydrants, hose bibbs,
meter connections and appurtenances, electroliers, traffic
signals and signs~
b) The acquisition of easements necessary to widen McClellan
R.oad to a uniform width of 60 feet fzom a point about 550
feet east~rly of Stelling Road to the West Valley Freeway,
exceptin~ therefrom tnat pcrtion of McClellan Road outside
the City limits of the City of Cupertino wnich is w=sterly
of a point about 550 feet ~westerly af Stellin~ Road, and the
improving t::erecf by c.i.earing and grubbing, grading, subgrade
preparation, base pavement and wearing surfacQ, asphalt feath-
ering, concrete curbs, gutters and sidewalks, traffic bars,
striping, storm drain pipe, catch basins, manholes and appur-
tenances, fire hydrants, electroliers and street signse
c) The acquisitlon of easements necessary to widen Stelling ftoad
to a uniform width of 90 feet from near Alves Drive +o near
Lilac Way, excepting therefrom that portion of Stellin~ Road
outside the City limits of the City of Cupertino which is
southerly of a point about 175 feet souiherly of McClellan
Road, and the improving thereof by ciearing a.nd grubbing,
grading, subgrade preparation, topsoil, base pavement and
wearing surface, asphalt featherin~, concrete curbs, gutters
and sidewalks, striping, storm drain pipe, catch basins, man-
holes an3 appurienances, water pipe, hydrants, hose bibbs,
meter connections and appurtenances, electroliers, traffic
signals and signso
d) The improving of public easements to be dedicated for fire pro-
tection purposes on the proper+y of the DeA.nza Campus of the
Foothill Junior College District, bv grading and the construc-
tion therein of base pavement and w~ring surface, curbs, ~ut-
tera, s*riping, traffic bars, signs, s~;orm drain pipe, catch
basins, manholes and appurtenancesp water mains, valves, hy-
drants, metering station and appurtenances, and electroliers,
and such other facilities as are reasonably related to the im-
proving of said rights of way for fire protection purposes.
e) The acqulsition of the parcel of progerty at the south-
westeriy corner of Stevens Creek Boulevard and Stelling
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Road and the improving thereof as a public off-street auto-
mobile parking lot by grading, removing trees, bushes and
exiating structures and the construction therein of base
pavement, wearing aurface, curbs, gutters, drainage facil-
ities, lighting facilities, striping, landscaping, and all
auxiliary work necessary to complete the same as off-street
automobile parking facilities.
f) The acquisition of the right of use of the sewage disposal
facilities of the Cupertino Sanitary Distrlct by payment of
connection charges required by said District Por connection
to their fac111ties.
g) The acquisition of all lands and easements and the construc-
tion of all work auxiliary to any of the above and necessary
to complete the same.
2. 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 ta be done therein.
3. Said streets and highways are more particularly shown in the
records in the office of tbe County Recorder of Santa Clara County,
Ca~ifornia;, and shall be shown upon the plans herein referred to and
*o be filed with the City Clerk of said City.
4. All o: said work ar_d improvements are to be constructed at
the pia~es a~d in the pa.rticular locations, of the forms, sizes,
dimensions and materials, and at the lines, grades and elevations as
Qhown and delineate3 upon the plans, profilas and specification5 to
be made therefor, as hereinafter provided.
5. '?'here 1s to be excepted from the work herein described any
of such work already done to line and g~ade and marked excepted or
shown not to be done on said pla.ns, prcfiles and specificatlons.
6o Notice is r.ereby given of the fact that in many cases said
work and improvement will bring tha finished work to a grade different
from that formerly existing, and that to said extent said grades are
hereby ehanged and that said work will be done to said changed grades.
7. Said Council does hereby adopt and establish as the o£f'icial
grades for said work the grades and elevations to be shown upon said
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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.
8. The descriptions 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 re-
port, shall be controlling as to the correct and detailed descrip-
tion thereoF.
9. Said Council proposes to contribute towards the cost of
said acquisitions and improvements the cost of the center two lanes
and center islands and excess acquisition costs in Stevens Creek
BoLlevard, traffic signals at Stevens Creek Boulevard and Stelling
P.oad; and one-half of the cost of traffic signals at Mary Avenue
and Stevens Creek Boulevard and to assess the balance of the costs
of said acquisitions and improvements and the expenses incidental
thereto upon the district benefited thereby, tt?e exterior boundaries
of which are the coterminous exterior boundaries of the composite
and consolidated area shown on a map thereof on file in the office
of the City Clerk to which reference is hereby made for further
particulars; which map indlcates by a boundary line the exter.t of the
territory included within the assessment district and which shall
govern for all details as to the extent of said proposed district;
provided, however, that all of the cost of the acquisitions and im-
provements described in subpa.ragraphs (d), (e) and (f) of the fore-
going description of work, together with all incidental expenses
thereof, shall be assessed solely against the properties of the
Foothill Junicr College District.
10. Said Council further declares that all public streets and
hig,hways within said assessment district in use in the performance
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of a public function as such shall be omitted from the assessment
hereafter to be made to cover the costs and expenses of said acqui-
sitions and improvements.
11. Notice is hereby given that serial bonds to represent the
unpaid assessments, and bear interest at the rate of not to exceed
six per cent (6%) per annum, will be issued hereunder in the manner
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 fourteen (14) 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.
12. Fxcept as herein otherwise provided for the issuance of
bonds, all of said acquisitions and improvements shall be done pur-
suant to the provisions of the Municipal Improvement Act of 1913.
13. Reference is hereby made to proceedings had pursuant to
Division 4 of the Streets and Highways Code on file in the of£ice of
the City Clerk.
14. 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 City Clerk of said City a report in
writing, presenting the f ollowing:
(a) Maps and descriptions of the lands and easements
to be acquired;
(b) Plans and specifications of the proposed improvements
to be made pursuant to thls Resolution of Intention;
(c) Engineer's statement of the itemized and total esti-
mated costs and expenses of said acquisitions and improvements and
of the incidental expenses in connection therewith;
(d) Diagram showing the assessment district above referred
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to, and also the boundaries and dimenaions of the respective sub-
divisiona 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
(exclusive cf contributions) upon the several subdivisions of land
in said district in proportion to the estimated benefits to be re-
ceived by such subdivisions, respectively, from said acquisitions
and imprnvements, and of the expenses incidental thereto.
15. 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 published.
16. Zf 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 follow-
ing purposes:
(a) Transfer to the general fund of the City, provided
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 supplemental
assessment; or
(c) For the maintenance of the improvements.
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PASSED and ADOPTID by the Gity Council of the City of
Cupertino, State of California, this 3~ day of January ,
1g6~, by the following vote:
AYES: Councilmen: Dempster, Fitzger2ld, Johnson, Stokes
NOES: Councilmen: None
ABSENT: Councilmen: Pdoel
Ma
ATTEST:
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City Clerk