Resolution 09673RESOLUTION NO. 9673
A RESOLUTION OF INTENTION TO
MAKE ACQUISITIONS AND IMPROVEMENTS
HARBOR BAY BUSINESS PARK ASSESSMENT DISTRICT 81 -1
RESOLVED, by the City Council of the City of Alameda, County of Alameda,
California, that the public interest, convenience and necessity require, and that
it intends to order the making of the acquisitions and improvements described in
Exhibit "A" attached hereto and made a part hereof.
1. Except as herein otherwise provided for the issuance of bonds, all of
said work shall be done as provided in the Municipal Improvement Act of 1913.
2. 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. 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. Whenever any public way is herein referred to as running between
two public ways, or from or to any public way, the intersections of the public ways
referred to are included to the extent that work is shown on said plans to be done
therein. Said streets and highways are or will be more particularly shown in the
records in the office of the County Recorder of the County of Alameda, State of
California, and shall be shown upon said plans.
3. Notice is hereby given of the fact that in many cases said work and
improvements will bring the finished work to a grade different from that formerly
existing, and that to said extent said grades are hereby changed and that said work
will be done to said changed grades.
4. In cases where there is any disparity in level or size between the
improvements proposed to be made herein and private property and where it is more
economical to eliminate such disparity by work on 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.
5. This Council does hereby adopt and establish as the official grades for
said work the grades and elevations 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 this City.
6. 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 Report, hereinafter directed to be made and filed, shall be controlling
as to the correct and detailed description thereof.
7. 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 shown on a map thereof on file in the office of the 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.
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8. This Council declares that all public streets, highways, lanes and
alleys within said assessment district in use in the performance of a public
function, and all lands owned by any public entity, including the United States and
the State of California, or any departments thereof, shall be omitted from the
assessment hereafter to be made to cover the costs and expenses of said
acquisitions and improvements.
9. Said acquisitions and improvements are hereby referred to M & M
Consultants, as Engineer of Work of this City, a competent person employed by this
City for the purpose hereof, and said Engineer of Work is hereby directed to make
and file with said Clerk a report in writing, presenting the following:
(a) Maps and descriptions of the lands and easements to be acquired, if
any;
(b) Plans and specifications of the proposed improvements to be made
pursuant to this Resolution;
(c) Engineer's estimate of the total 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 respective subdivisions of land within said
district as the same existed at the time of the passage of this Resolution, each of
which subdivisions shall be given a separate number upon said diagram;
(e) A proposed assessment of the total amount 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 acquisitions and improvements. Said
assessment shall refer to said subdivisions by their respective numbers as assigned
pursuant to subparagraph (d) of this paragraph.
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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 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.
10. If any excess shall be realized from the assessment it shall be used,
in such amounts as this 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 this 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.
11. William C. Norton, Public Works Director of the City of Alameda, is
hereby designated as the person to answer inquiries regarding any protest
proceedings to be had herein, and may be contacted during regular office hours at
City Hall, 2263 Santa Clara Avenue, Alameda, California 94501, or by calling (415)
522-4100.
12. To the extent that any of the work, rights, improvements and
acquisitions indicated in the 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 City, or of any public
utility, it is the intention of this Council to enter into an agreement with such
public agency or public utility pursuant to Chapter 2 (commencing with Section
10100) of Division 12 of the Streets and Highways Code, which agreement may provide
for, among other matters, the ownership, operation and maintenance by such agency
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or utility of said works, rights, improvements and acquisitions, and may provide
for the installation of all or a portion of such improvements by said agency or
utility and for the providing of service to the properties in the area benefiting
from said work, rights, improvements and acquisitions by such agency or utility in
accordance with its rates, rules and regulations, and that such agreement 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.
13. Notice is hereby given that serial bonds to represent unpaid
assessments, and bear interest at the rate of not to exceed twelve percent (12 %)
per annum, or such higher rate of interest as may be authorized by applicable law at
the time of sale of such bonds, will be issued hereunder in the manner provided by
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 (10) months from their date.
14. The provisions of Part 11.1 of Division 10 of the Streets and Highways
Code, providing for an alternative procedure for the advance payment of assessments
and the calling of bonds, shall apply to bonds issued pursuant to paragraph 13
above.
15. 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 said Clerk.
16. Notice is hereby given that, in the opinion of this Council, the public
interest will not be served by allowing the property owners to take the contract
for the construction of the improvements and therefore that, pursuant to Section
10502.4 of the Streets and Highways Code, no notice of award of contract shall be
published.
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17. It is hereby recognized by this Council that in order for certain of
the properties herein proposed to be assessed to obtain the benefits which the
water and sanitary sewer facilities herein proposed to be ordered will be designed
to confer (being all parcels within the boundary of the assessment district which
are not adjacent to the water and sanitary sewer lines proposed to be constructed,
as described in Exhibit "A" hereto and to be shown on the plans hereinabove ordered
to be prepared), additional water and sanitary sewer lines will have to be
constructed. It is therefore resolved, subject only to confirmation of the herein
proposed assessment for the herein proposed acquisitions and improvements, as
follows:
(a) Upon request of a landowner, the additional facilities necessary
to provide service to said landowner's - property will hereafter be constructed by
the City of Alameda, and all land, easements or rights of way necessary therefor
will be acquired by gift, purchase, condemnation (except as to lands which the City
has no power to condemn) or other appropriate method at the landowner's expense, by
using, as determined by the City, either landowner's cash payments, special
assessment proceedings, advances by the City subject to reimbursement, any other
appropriate method, or a combination thereof; and
(b) The owners and occupants of the lots, tracts, pieces and parcels
of land lying within the boundaries of the assessment district shall at all times
hereafter be entitled to the use and benefit of the water and sanitary sewer
facilities to be acquired and constructed herein, subject to such reasonable rates,
rules, regulations and charges as are now or may hereafter be established by the
City of Alameda, and that right, permission, privilege and authority are hereby
given and granted to the present and future owners and occupants of the lands
within said assessment district to connect all water and sanitary sewer lines which
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may hereafter be constructed within said assessment district by them or on their
behalf into and with the said water and sanitary sewer facilities to be acquired
and constructed herein, subject to the reasonable rates, rules and charges referred
to above.
18. It is hereby recognized by this Council that in order for certain of
the properties herein proposed to be assessed to obtain the benefits which the road
improvements herein proposed to be ordered will be designed to confer (being all
parcels within the boundary of the assessment district which are not adjacent to
the road improvements proposed to be constructed, as described in Exhibit "A"
hereto and to be shown on the plans hereinabove ordered to be prepared, and which do
not have access to said road improvements to be constructed either via existing
unimproved roads and /or rights of way therefor), such access must be acquired. It
is therefore resolved, subject only to confirmation of the herein proposed
assessment for the herein proposed acquisitions and improvements, as follows:
(a) All lands, easements or rights of way necessary for such access
will be acquired by condemnation by this City (except as to lands with respect to
which the City has no power to condemn) if necessary, in which event the road
improvements on such acquired lands, easements or rights of way shall be
constructed to applicable City standards, with the costs of acquiring such access
and constructing such road improvements to be borne by the landowners benefited
thereby either by such landowner's cash payments, by special assessment
proceedings, advance by the City subject to reimbursement, any other appropriate
method, or a combination thereof; and
(b) The owners and occupants of the .lots, tracts, pieces and parcels of
land lying within the boundaries of the assessment district shall at all times
hereafter be entitled to the use and benefit of the road improvements to be
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acquired and constructed herein, and that right, permission, privilege and
authority are hereby given and granted to the present and future owners and
occupants of the lands within said assessment district to connect all road
improvements which may hereafter be constructed within said assessment district by
them, or on their behalf, with said road improvements to be acquired and
constructed in these proceedings.
19. It is the intention of this Council to create a special reserve fund
pursuant to and as authorized by Part 16 of Division 10 of the Streets and Highways
Code of the State of California.
* * * * * * * * * * * * * * **
I, the undersigned, hereby, certify that the foregoing Resolution was duly
and regularly introduced and adopted by the Council of the City of Alameda in
regular meeting assembled on the 19th day of January , 1982, by the
following vote, t0 wit:
AYES:
NOES:
Councilmen Diament, Gorman, Sherratt, Stone and President Corica - 5.
None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto
seal of said City this 20th day of January
set my hand and
1982.
8
Rev. 12/14/81
HARBOR BAY BUSINESS PARK ASSESSMENT DISTRICT 81-1
City of Alameda
General Description of Work
The acquisition and/or construction of the following improvements
(all distances and measurements are approximate only):
1. The construction of street improvements, including clearing,
grading, subbase, base, pavement, curbs and gutters and
driveways; sidewalks, storm drainage facilities; sanitary
sewers and appurtenances; a system of domestic water supply
including fire hydrants; street lights and electrical
distribution facilities; telephone ducts, cable T.V. ducts,
gas mains; landscaping and irrigation; monuments and
relocation of facilities and all other necessary improvements
and appurtenances in Harbor Bay Parkway from 106 feet south-
westerly of the intersection of Maitland Drive to 1765 feet
southwesterly a distance of 1765 feet with a right of way
width of 108 feet, two traveled ways of 26 feet each together
with a median 20 feet in width and a bicycle path 10 feet in
width along the northwesterly side of said street; and
unnamed proposed minor streets with 64 feet right of way and
traveled way of 40 feet curb to curb as shown on Attachment I
hereto a distance of 2270 feet.
2. The construction of street improvements including clearing,
grading, subbase, base, pavement, curbs and gutters;
sidewalks, storm drainage facilities, traffic signal system;
striping and signing; landscaping and irrigation; street
lighting; relocation of existing facilities; and all other
improvements and appurtenances necessary to provide a fully
coordinated intersection at the intersection of Harbor Bay
Parkway and Doolittle Drive for a distance of 700 westerly
and 1500feet easterly of Harbor Bay Parkway on Doolittle
Drive within existing right of way of 160 feet and with
pavement varying in width from 40 feet to 102 feet on each
side of Harbor Bay Parkway and on Harbor Bay Parkway
southerly 350 feet with a varying width from 40 feet to
88 feet.
3. The construction of a sewage pump station located 810 feet
southwesterly of.the intersection of Maitland Drive and
HARBOR BAY BUSINESS PARK ASSESSMENT DISTRICT 81-1
EXHIBIT A
Harbor Bay Parkway at the north side of Harbor Bay Parkway
as described in 1 above; including any required metering
equipment, 2,000+ feet of force main and appurtenances
Harbor Bay Parkway to Maitland Drive, thenccenorthwesterlyng
along Maitland Drive to Fitchburg Avenue and northerly on
Fitchburg Avenue to connect to the existin g ravity
sewer at Beach Road including all required structuresaandary
appurtenances to provide a completed sewage pump station and
force main.
The construction of a storm drain outfall located 40feet
northwesterly of the southern corner of Assessorfeets Parcel
No 74- 1040 -4 -5 along the southwesterly line of said parcel,
including 36" diameter storm drain pipe, headwalls, grading
and ditching and all appurtenances to construct an operative
outfall structure.
5. The construction of an electrical duct system along Maitland
Drive from Fitchburg Avenue to Harbor Bay Parkway, a distance
of 1200 feet including ducts, structures, and all
appurtenances to provide a completed duct system for
electrical distribution.
0. The construction of a telephone duct system from Island Drive
southwesterly 1,000 feet and southeasterly 4,400 feet
connecting to ducts in Harbor Bay - Parkway, as described in 1
above; including ducts, structures and all appurtenances to
provide a completed duct system for telephone distribution.
7. The upgrading of an existing 18" sanitary sewer force main
from the Bay Farm Island Pump Station located at the
intersection of Island Drive and Golf Course Memorial Drive
easterly along Island Drive to Bridgeway a distance of 1,400
feet, by replacement, lining, addition of structures and
appurtenances and such other work to provide a fully
functional force main.
8. The upgrading of the Beach' Road sewer from Fitchburg Avenue
to Island Drive, a distance of 3,150 feet, by television
inspection, replacement as required, lining, addition of
structures and appurtenances and such other work to provide a
fully functional sewer line.
9. The installation of landscaping at various locations
including the entrance area adjacent to Harbor Bay Parkway
and Maitland Drive, along Harbor Bay Parkway on the easterly
side for 2,000 feet northerly of Maitland Drive, and the
intersection of Harbor Bay Parkway and Doolittle Drive
including planting of trees, shrubs and lawns, automatic
irrigation systems, any required lighting, controls and
appurtenances to provide fully functional landscaped areas.
HARBOR BAY BUSINESS PARK ASSESSMENT DISTRICT 81 -1
EXHIBIT A
10. The correction and replacement and/or realignment of existing
storm drainage facilities necessary for the protection of the
above improvements.
11. The installation of gas mains from the intersection of
Fitchburg Avenue and Maitland Drive southeasterly along
Maitland Drive to Harbor Bay Parkway as described in 1 above
a distance of 1,200 feet together with structures and
appurtenances to provide a functional gas main system.
12. The installation and/or construction of water mains at the
intersection of the Harbor Bay Parkway and Maitland Drive
connect to Harbor Bay Parkway as described in 1 above a
distance of 106 feet and the reconstruction and/or
replacement of water mains in McCartney from Holly Street
to Melrose Avenue a distance of 800 feet together with the
installation of services in Harbor Bay Parkway as described
in 1 above to install mains, valves, tees, and upgrading of
facilities and appurtenances to provide an operative water
system.
13. The installation of electric cable from Fitchburg Avenue
to Harbor Bay Parkway to connect to Harbor Bay Parkway as
described in 1 above including cable installations,
transformers and appurtenances.
14. The acquisition of all lands, easements, permits and licenses
and construction of all auxiliary work necessary to complete
the above described improvements.
The foregoing improvements shall be constructed in accordance with
all applicable rules, regulations, standards and specifications
estalished by the appropriate public entity or regulated public
utility which upon completion of said improvements and acceptance
thereof, will own operate and maintain such improvements.
HARBOR BAY BUSINESS PARK ASSESSMENT DISTRICT 81-1
EXHIBIT A
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