Resolution 11822RESOLUTION NO. 11822
A RESOLUTION OF INTENTION
TO MAKE ACQUISITIONS AND IMPROVEMENTS
CITY OF ALAMEDA
Marina Village Assessment District 89 -1
RESOLVED, by the City Council (the "Council ") of the City of Alameda (the "City "),
County of Alameda, State of California, that
1. 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.
2. 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, Division 12 of the
Streets and Highways Code of California (the "Code ").
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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
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the extent of the territory included in the proposed district and shall govern for all details
as to the extent of the assessment district.
9. 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.
10. Said acquisitions and improvements are hereby referred to John H. Heindel,
as Engineer of Work for this assessment district, a competent person employed by this
City for the purpose hereof (the "Engineer of Work "), 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 improvement if the
improvements are not already installed. The plans and specifications do not need
to be detailed and are sufficient if they show or describe the general nature,
location, and extent of the improvements. If the assessment district is divided
into zones, the plans and specifications shall indicate the class and the type of
improvements to be provided for each zone. The plans or specifications may be
prepared as separate documents, or either or both may be incorporated in the
report as a combined document.
(c) A general description of works or appliances already installed and any
other property necessary or convenient for the operation of the improvements, if
the works, appliances, or property are to be acquired as part of the
improvements.
(d) An estimate of the cost of the improvements and of the cost of lands,
rights -of -way, easements, and incidental expenses in connection with the
improvements, including any cost of registering bonds.
(e) A diagram showing, as they existed at the time of the passage of the
resolution of intention, all of the following:
(i) The exterior boundaries of the assessment district.
(ii) The boundaries of any zones within the district.
(iii) The lines and dimensions of each parcel of land within the
district.
Each subdivision, shall be given a separate number upon the diagram. The
diagram may refer to the county assessor's maps for a detailed description of the
lines and dimensions of any parcels, in which case those maps shall govern for all
details concerning the lines and dimensions of the parcels.
(f) A proposed assessment of the total amount of the cost and expenses
of the proposed improvement upon the several subdivisions of land in the district
in proportion to the estimated benefits to be received by each subdivision,
respectively, from the improvement. The assessment shall refer to the
subdivisions by their respective numbers as assigned pursuant to subdivision (e).
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.
11. 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.
12. Zenda James, Director of Finance 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) 748 -4560.
13. 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 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.
14. 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 a 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 Code, the last installment of which bonds shall mature not to exceed
twenty —five (25) years from the second day of September next succeeding twelve months
from their date. The provisions of Part 11.1 of said Division 10 of said Code, providing
an alternative procedure for the advance payment and calling of bonds, shall apply to
said bonds issued in these proceedings. It is the intention of this Council to create a
special reserve fund pursuant to and as authorized by Part 16 of said Division 10 of said
Code. It is the intention of the City that the City will not obligate itself to advance
available funds from the treasury of the City to cure any deficiency in the redemption
fund to be created with respect to said bonds; provided, however, that a determination
not to obligate itself shall not prevent the City from, in its sole discretion, so advancing
funds.
Said bonds may be refunded pursuant to the provisions of Division 11.5 of the
Code upon the determination of the City Council of the City that the public interest or
necessity requires such refunding. Such refunding may be undertaken by this Council
when, in its opinion, lower prevailing interest rates may allow reduction in amount of the
installments of principal and interest upon said assessments to given to owners of
property assessed for the works herein described. Said refunding bonds shall bear
interest at a rate not to exceed that which is stated in the resolution of this Council
expressing its intention to issue said refunding bonds, which resolution of intention shall
also set forth the maximum term of years of said refunding bonds. Any adjustment to
assessments resulting from the refunding will be done on a pro rata basis. The refunding
shall be accomplished pursuant to Division 11.5 (commencing with Section 9500) of the
Code, except that, if, following the filing of the report specified in Section 9523 and any
subsequent modifications of the report, the Council finds that each of the conditions
specified in the resolution of intention is satisfied and that adjustments to the
assessments are on a pro rata basis, the Council may approve and confirm the report
and may, without further proceedings, authorize, issue and sell The refunding bonds
pursuant to Chapter 3 (commencing with Section 9600) of said Division 11.5.
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 20487 of the
Public Contract Code, no notice of award of contract shall be published.
17. Notice is hereby given that it is the intention of this Council to consider
adoption of an ordinance, pursuant to Section 10205 of the Streets and Highways Code,
authorizing contributions by the City of Alameda, from any sources of revenue not
otherwise prohibited by law, of a specified amount, portion or percentage of such
revenues, for the purpose of acquisition or construction of improvements, the acquisition
of interests in real property and the payment of expenses incidental thereto for the use
and benefit of the assessment district contemplated by this Resolution, and to consider
authorizing application of such revenues as a credit upon the assessment proposed to
be levied in proceedings pursuant hereto.
vote:
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PASSED AND ADOPTED this 6th day of sept. , 1989, by the following
AYES: Councilmembers Arnerich, Camicia, Thomas, Withrow
and President Corica - 5.
NOES: None.
ABSENT /ABSTAIN: None,
ATTEST:
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APPROVED:
CITY OF ALAMEDA
Marina Village Assessment District 89 -1
DESCRIPTION OF WORK
Within the City of Alameda, County of Alameda, State of California, the
construction and acquisition of the following public improvements, including the
acquisition of all lands, easements, rights —of —way, licenses, franchises, and
permits and the construction of all auxiliary work necessary and/or convenient to
the accomplishment thereof in accordance with plans and specifications to be
approved by the City of Alameda:
(1) Shoreline public access improvements, including public access ways,
boardwalks, and park facilities;
(2) Street improvements at Marina Village Parkway and Challenger Drive, including
street construction and reconfiguration, traffic signals and signage;
(3) Offsite street improvements, including Sherman Street rail crossing
improvements and other required conforming offsite improvements to streets;
(4) Bus shelters within public rights of way along Marina Village Parkway and
Atlantic Street; and
(5) Acquisition of outstanding unpaid assessments and related costs of
redemption of bonds for Marina Village Assessment District 84 -3.
EXHIBIT A