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Resolution 12197RESOLUTION NO. 12197 A RESOLUTION OF INTENTION TO MAKE ACQUISITIONS AND IMPROVEMENTS CITY OF ALAMEDA Harbor Bay Business Park Assessment District 92 -1 RESOLVED by the City Council (the "Council ") of the City of Alameda (the "City "), County of Alameda, State of California, that: I . 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 the 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 the 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 the 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 the plans to be done therein. The 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 the plans. 4. Notice is hereby given of the fact that in many cases the work and improvements will bring the finished work to a grade different from that formerly existing, and that to the extent the grades are hereby changed and that the work will be done to the 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 the 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, the work on private property shall, with the written consent of the owner of the property, be done and the actual cost thereof may be added to the proposed assessment of the lot on which the work is to be done. 6. This Council does hereby adopt and establish as the official grades for the work the grades and elevations to be shown upon the 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. The 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. The 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. 9. This Council declares that all public streets, highways, lanes and alleys within the 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 the acquisitions and improvements. 10. The acquisitions and improvements are hereby referred to John Heindel, Consulting Civil Engineer, as Engineer of Work for this assessment district, a competent person employed by this City for the purpose hereof (the "Engineer of Work "), and the Engineer of Work is hereby directed to make and file with the City 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 Engineer's 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 this Resolution, all of the following: The exterior boundaries of the assessment district. The boundaries of any zones within the district. 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. 2 (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. In the case of an assessment for installation of planned local drainage facilities which are financed, in 'whole or in part, pursuant to Section 66483 of the California Government Code, the assessment levied against each parcel of subdivided land may be levied on the basis of the proportionate storm water runoff from each parcel. 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 the 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 the acquisitions and improvements, and the 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 for the redemption of bonds, or both; or (c) For the maintenance of the improvements. 12. Robert Warnick, 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 2263 Santa Clara Avenue, Alameda, California,94501, or by calling telephone number (510) 748 -4510. 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 the Code, which agreement may provide for, among other matters, the ownership, operation and maintenance by such agency or utility of the works, rights, improvements and acquisitions, and may provide for the installation of all or a portion of such improvements by the agency or utility and for the providing of service to the properties in the area benefiting from the 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 and/or term bonds to represent unpaid assessments, and bear interest aL 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 California Streets and Highways Code (the "Bond Law "), the last installment of which bonds shall mature not to exceed twenty -five (25) years from the second day of September next succeeding -3- twelve months from their date. The bonds may be issued from time to time and in such series as may be prescribed by the Council. The provisions of Part 11.1 of Division 10 of the Bond Law, providing an alternative procedure for the advance payment and calling of bonds, shall apply to the 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 Division 10 of the Bond Law. 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 the bonds; provided, however, that a determination not to obligate itself shall not prevent the City from, in its sole discretion, so advancing funds. The bonds may be refunded pursuant to the provisions of Division 11.5 of the California Streets and Highways Code upon the determination of the Council of the City that the public interest or necessity requires such refunding. Such refunding may be undertaken by the Council when, in its opinion, lower prevailing interest rates may allow reduction in amount of the installments of principal and interest upon the assessments to given to owners of property assessed for the works herein described. The refunding bonds shall bear interest at a rate not to exceed that which is stated in the resolution of the Council expressing its intention to issue the refunding bonds, which resolution of intention shall also set forth the maximum term of years of the 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 California Streets and Highways Code, except that, if, following the filing of the Engineer's Report specified in Section 9523 and any subsequent modifications of the Engineer's Report, the Council finds that each of the conditions specified in the resolution of intention to issue the refunding bonds is satisfied and that adjustments to the assessments are on a pro rata basis, the Council may approve and confirm the Engineer's Report and may, without further proceedings, authorize, issue and sell the refunding bonds pursuant to Chapter 3 (commencing with Section 9600) of Division 11.5 of the California Streets and Highways Code. 15. Reference is hereby made to proceedings had pursuant to Division 4 of the Streets and Highways Code of California which are on file in the office of the City 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 California Public Contract Code, no notice of award of contract shall be published. 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 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 the landowner's property will hereafter be constructed by the City of Alamdea, 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 4 (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 the assessment district to connect all water and sanitary sewer lines which may hereafter be constructed within the assessment district by them or on their behalf into and with the the water and sanitary sewer facilities to be acquired and constructed herein, subject to the reasonable rates, rules and charges referred to above. 19. 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 the 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 bome 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 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 the assessment district to connect all road improvements which may hereafter be constructed within the assessment district by them, or on their behalf, with the road improvements to be acquired and constructed in these proceedings. * * * * * * * * * * * * EXHIBIT A CITY OF ALAMEDA Harbor Bay Business Park Assessment District 92 -1 DESCRIPTION OF WORK Within the City of Alameda, County of Alameda, State of California, the construction and/or 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, (including but not limited to the removal and disposal of toxic materials related to the public improvements), in accordance with plans and specifications to be approved by the City of Alameda: 1. The acquisition by payment of amounts necessary to eliminate existing fixed special assessment liens previously imposed on any assessment parcel within Harbor Bay Business Park Assessment District 92 -1. 2. Extension of Harbor Bay Parkway from its existing point of termination, northwesterly to a point on the northwestern boundary of Assessor Parcel No. 74- 1040 -37, a distance of approximately 1,700 feet, including all required demolition, clearing, grubbing, grading and the installation of all required storm drainage, water, sewer and utility facilities, road base, asphalt concrete, curbs, gutters, sidewalks, street lights, signage, striping, monuments and all required appurtenances, and a traffic control gate. 3. Landscaping in and along Harbor Bay Parkway, commencing approximately 250 feet east of its intersection with North Loop Road and extending to Bay Edge Road, including all required lighting, ornamental features, grasses, ground cover, shrubs, trees and required irrigation systems and controls, a distance of approximately 4,300 feet, and landscaping in and along North Loop Road, as required. 4. Realignment of Maitland Drive from a point approximately 900 feet northerly from the present intersection of Maitland Drive and Harbor Bay Parkway, and thence easterly, within the new alignment to a new intersection with Harbor Bay Parkway, approximately 250 feet easterly of the present intersection, including all required demolition, clearing, grubbing, grading and the installation of all required storm drainage, water, sewer and utility facilities, road base, asphalt concrete, curbs, gutters, sidewalk, street lights, signage, striping, monuments and all required appurtenances and conforming improvements at Harbor Bay Parkway. 5. Storm drainage improvements, other than those in the above streets, including all excavation, removal of existing facilities, grading, storm drainage channels, structures, pipes, outfalls, appurtenances, backfill, compaction and surcharge. 6. Public bus shelters, including foundations, structures and signage along Harbor Bay Parkway from Maitland Drive to Bay Edge Road, South Loop Road and North Loop Road. 7. A portion of Cross - Airport Road improvements, including all required studies, surveys, environmental, wetlands, soils and other required reports and investigations, maps, diagrams, specifications, and related documentation required for the construction thereof, and construction including required clearing, demolition, grading, storm drainage, water, sewer and utility facilities, road base, asphalt concrete, curbs, gutters, sidewalks, street lights, signage, striping, monuments and all required appurtenances and conforming improvements at Harbor Bay Parkway. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the fourth day of February, 1992, by the following vote to wit: AYES: Councilmembers Arnerich, Camicia, Lucas, Roth and President Withrow - 5. NOES: None. ABSENT: None. ABSTENTIONS! None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this fifth day of February, 1992. -7/ -- Diane B. Felsch, City Clerk City of Alameda