Resolution 10248RESOLUTION NO. 10248
A RESOLUTION OF PRELIMINARY DETERMINATION
AND OF INTENTION TO
MAKE ACQUISITIONS AND IMPROVEMENTS
HARBOR BAY BUSINESS PARK
ASSESSMENT DISTRICT 84 -1
RESOLVED, by the City Council of the City of Alameda, County of Alameda,
California, that it does hereby preliminarily determine 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 and
Section 19 of Article XVI of the Constitution of the State of California.
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 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
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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.
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 for this assessment district, 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;
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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, CA 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
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
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(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.
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.
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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. 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
20487 of the Public Contract Code, no notice of award of contract shall be
published.
16. 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
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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
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.
17. 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 21st day of February , 1984, by the following
vote, to wit:
AYES: Councilmembers Gorman, Hanna, Lucas and President Diament - 4
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NOES: None,
ABSENT: Councilmember Monsef 1.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 22nd daY of February , 1984.
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The acquisition and /or construction of the following improvements (all distances
and measurements are approximate only):
1. The construction of street improvements, including clearing and grubbing,
grading, subbase, base, pavement, curbs and gutters, bicycle paths, storm
drainage, monuments and relocation of facilities and all other necessary
improvements to widen Harbor Bay Parkway by 40 feet from Doolittle Drive to
the intersection of Harbor Bay Parkway and Maitland Drive, a distance of
6000 feet.
2. The installation of landscaping on Harbor Bay Parkway from Doolittle Drive
to a point 300 feet southerly of the intersection of Maitland Drive and
Harbor Bay Parkway, including the entrance into Harbor Bay Business Park
including the planting of trees, shrubs, and lawns, automatic irrigation
systems, any required lighting, pavement enhancement, controls and
appurtenances.
3 The installation of a new force main and gravity sewer outfall from Harbor
Bay Isle from a point on the south side of Otis Drive south of the
intersection of Otis Drive and Fernside Boulevard to the East Bay Municipal
Utility District Interceptor near Broadway and Clement Avenue including
force mains, gravity sewers, manholes, and cleanouts.
4. The construction of a storm drain outfall located 4500 feet northwesterly of
the southern corner of Assessment Parcel No. 74- 1040 -16 along the
southwesterly line of said parcel including storm drain pipe, headwalls,
grading and ditching and all required appurtenances.
5. The construction of a storm drain system beginning at a point on the
northeastern side of Harbor Bay Parkway right of way 575 feet northwesterly
of the end of the existing street improvements on Harbor Bay Parkway,
northeasterly 875 feet.
6. The stabilization of existing levees commencing on the southwestern corner
of APN 74- 1040 -16 and extending therefrom northwesterly 5400 feet and
northeasterly 2000 feet, including compaction, filling and repair as
required.
Together with the acquisition of all rights -of -way, easements, licenses, permits
and franchises and the doing of all auxiliary work necessary and /or convenient for
the accomplishment of the foregoing improvements.
The foregoing improvements shall be constructed in accordance with all applicable
rules, regulations, standards and specifications established 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.
EXHIBIT A
HARBOR BAY BUSINESS PARK ASSESSMENT DISTRICT 84 -1