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Resolution 10421OR NAL RESOLUTION NO. 10421 JHHW:SRC:job 08/13/84 1116S A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION TO MAKE ACQUISITIONS AND IMPROVEMENTS MARINA VILLAGE ASSESSMENT DISTRICT 84 -3 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 expenses thereof are made chargeable upon an assessment district, the 2 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 John Heindel, 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; (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 3 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. 11. William C. Norton, Director of Public Works 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 4 at 2263 Santa Clara Street, 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 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 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, or as otherwise provided pursuant to applicable law, 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. 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 6 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 may hereafter be constructed within 7 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. 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 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 8 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 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. 20. 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. * * * * * * * * * * * * * ** 9 JHHW:SRC;cp 07/30/84 1081S DESCRIPTION OF WORK MARINA VILLAGE ASSESSMENT DISTRICT 84 -3 Within the City of Alameda, State of California, the construction and /or acquisition of the following described improvements (all distances and measurements are approximate and further reference is made to maps, diagrams and reports on file or to be filed with the City Clerk of the City of Alameda for further particulars): PHASE 1 1. Construct Patton Way between its intersection with Webster Street and Mariner Square Loop, approximately 800 feet southerly of the southerly portal of the Posey Tube, and its intersection with proposed Marina Village Parkway, approximately 2000 feet southerly of said portal, as a four -lane divided roadway, including a grade separation structure over Webster Street, intersection improvements at Tynan Avenue, Tinker Avenue, Mariner Square Loop, Webster street, and Marina Village Parkway, and storm drainage improvements between the northside storm sewer and the Estuary. 2. Construct Marina Village Parkway extension between Patton Way and Webster Street, approximately 300 feet in length, as a one -lane temporary roadway. 3. Acquire existing Marina Village Parkway improvements between its intersection with Mariner Square Loop and a point approximately 1700 feet southeasterly thereof. 4. Acquire existing shoreline cleanup improvements between a point approximately 300 feet northwesterly of the most northeasterly corner of Assessor's Parcel No. 074 - 1334 - 006 -00 and a point approximately due south of the most northerly corner of Assessor's Parcel No. 074- 0906 - 048 -00. 5. Acquire existing boardwalk improvements along the shoreline between a point approximately 300 feet southeasterly of the most northerly corner of Assessor's Parcel No. 074 -1334- 004 -00 and a point approximately 550 feet southeasterly of said corner. 6. Acquire existing improvements to Marina Park, located generally at the northerly and easterly ends thereof, respectively, landscaping, and a sidewalk connecting said improvements. 7. Acquire all rights of way and easements, construct all appurtenant improvements, and incur all incidental expenses necessary to provide the intended public use and enjoyment of the above described improvements. EXHIBIT A 1 PHASE 2 1. Construct Patton Way between its terminus at Marina Village Parkway, constructed under Phase 1 above, and its intersection with proposed Atlantic Avenue extension, approximately 1000 feet in length, as a four -lane roadway, including intersection improvements at Atlantic Avenue extension. 2. Construct Marina Village Parkway between its terminus approximately 1700 feet southeasterly of Mariner Square Loop, acquired under Phase 1 above, and its intersection with Patton Way, constructed under Phase 1 above, approximately 2000 feet in length, as a four -lane divided roadway. 3. Construct Atlantic Avenue extension between Webster Street and its intersection with proposed Marina Drive, approximately 1800 feet in length, as a four -lane divided roadway between Webster Street and Patton Way and as a two -lane roadway between Patton Way and Marina Drive, including traffic signal improvements at Webster Street and a temporary connection to Thau Way. 4. Construct Marina Drive between its intersection with Marina Village Parkway and its intersection with Atlantic Avenue extension, approximately 600 feet in length, as a three -lane roadway, including intersection improvements at Atlantic Avenue extension. 5. Construct Independence Drive between its intersection with Marina Village Parkway and a point approximately 650 feet southeasterly thereof, as a two -lane roadway. 6. Construct Tynan Avenue between its intersection with Mariner Square Loop and the westerly line of Assessor's Parcel No. 074 -1334- 006 -00, approximately 250 feet in length, as a two -lane roadway, including a grade crossing at the Southern Pacific rail line. 7. Construct shoreline cleanup improvements between a point approximately 350 feet southerly of the most northerly corner of Assessor's Parcel No. 074- 1334 - 006 -00 and a point approximately 700 feet southerly of said corner. 8. Construct boardwalk improvements along the shoreline, between a point on the most northerly line of Assessor's Parcel No. 074- 1334 - 006 -00 and a point approximately 700 feet southerly of the most northerly corner of said parcel, approximately 800 feet in length. 9. Construct boardwalk improvements along the shoreline, between its terminus approximately 550 feet southeasterly of the most northerly corner of Assessor's Parcel No. 074- 1334 - 004 -00, acquired under Phase 1 above, and a point at approximately the northerly line of Assessor's Parcel No. 074 -1334- 002 -00, approximately 1050 feet in length. 10. Construct landscaping improvements in the general northerly half of Marina Park. 11. Construct a sanitary sewer lift station near the westerly line of Assessor's Parcel No. 074 -1334- 006 -00, approximately 600 feet northerly of the EXHIBIT A 2 most southwesterly corner thereof, including collection mains along said line between said lift station and Tynan Avenue and Marina Vi11ae_^ Parkway, respectively. 12. Acquire all rights of way and easements, construct all appurtenant improvements, and incur all incidental expenses necessary to provide the intended public use and enjoyment of the above described improvements. PHASE 3 1. Construct Marina Drive between its terminus at Atlantic Avenue extension, constructed under Phase 2 above, and its intersection with proposed Sherman Street extension, approximately 1600 feet in length, as a three -lane roadway. 2. Construct Independence Drive between its terminus approximately 650 feet southeasterly of Marina Village Parkway, constructed under Phase 2 above, and its intersection with proposed Sherman Street extension, approximately 1200 feet in length, as a two lane roadway. 3. Construct Sherman Street extension between the northerly terminus of the existing Sherman Street improvements and a point approximately 850 feet easterly and 50 feet northerly of the most southwesterly corner of Assessor's Parcel No. 074 -0906- 048 -00, approximately 2000 feet in length, as a three -lane roadway and the improvement of the intersection of Sherman Street with Buena Vista Avenue by signalization and realignment as required. 4. Construct boardwalk improvements along the shoreline, between a point approximately 200 feet northwesterly of the most easterly corner of Assessor's Parcel No. 074 -1334- 006 -00 and a point approximately 450 feet northwesterly of said corner. 5. Construct landscaping improvements in the general easterly half of Marina Park. 6. Construct boardwalk improvements along the shoreline extending from the existing westernmost craneway ( Craneway No. 1) north to the end of Shipway No. 1, thence east to the easternmost craneway (Craneway No. 6), and thence returning southerly along Craneway No. 6 the width of the public improvements will generally be 20 feet in width. 7. Acquire all rights of way and easements, construct all appurtenant improvements, and incur all incidental expenses necessary to provide the intended public use and enjoyment of the above described improvements. All of the foregoing work shall be constructed in accordance with the approved specifications of the City of Alameda and /or any regulated public utility or other public entity which may ultimately own, operate and maintain the completed works of improvement. The foregoing description shall not be deemed to be exhaustive and shall include the acquisition of any required licenses, permits, franchises and/or rights of entry necessary for the accomplishment of the foregoing. EXHIBIT A 3 1, 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 21st of August, 1984, by the following vote to wit: AYES: Counciimembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Cfty-this 22nd day of August, 1984. '-t' 6. Deputy City Clerk of the