Resolution 14833CITY OF ALAMEDA RESOLUTION NO. 14833
APPROVING THE ENGINEER’S REPORT, CONFIRMING DIAGRAM
AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENTS,
MAINTENANCE ASSESSMENT DISTRICT 01-01 (MARINA COVE)
WHEREAS, by its Resolution No. 14182, a resolution directing
preparation of an Annual Report for Maintenance Assessment District 01 -01 (Marina
Cove), this City Council designated the City Engineer as Engineer of Work and
directed said Engineer of Work to make and file a report in writing in accordance with
and pursuant to the Landscape and Lighting Act of 1972; and
WHEREAS, said report was duly made and filed with the City Clerk and
was presented to the City Council for consideration; and
WHEREAS, said Council considered said report and each and every
part hereof and found that it contained all the matters and things called for by the
provisions of said Code and said Resolution No. 14182, including; (1) plans and
specifications of the existing improvements and proposed improvements, (2) estimate
of costs (3) diagram of the district, and (4) an assessment according to the benefits,
all of which was done in the form and manner required by such Code; and
WHEREAS, it was determined that the report should stand as the
Engineer's Report for all subsequent proceedings unde r and pursuant to the
aforesaid resolution, and that Tuesday, June 18, 2013, at the hour of 7:00 p.m., in
the regular meeting place of this City Council, Council Chambers, Alameda City Hall,
2263 Santa Clara Avenue, Alameda, California, was appointed as the time and place
for a hearing of protests in relation to the formation of a maintenance assessment
district pursuant to the City of Alameda’s Maintenance Procedure Code, to said
proposed improvements and the levy of the proposed assessment; and
WHEREAS, it appears that notices of said hearings were duly and
regularly published and mailed in the time, form and manner required by said Code,
as evidence by the affidavits and certificates on file with said City Clerk; and
WHEREAS, at the appointed time and place the hearing was duly and
regularly held, and all persons interested, desiring to be heard, were given an
opportunity to be heard, and all matters and things pertaining to the levy were fully
heard and considered by this Council, and all oral statements and all written protests
or communications were duly heard, considered, and overruled, and this Council
thereby acquired jurisdiction to order the levy, confirm the diagram and assessment
prepared by and made a part of the Engineer’s Report and to pay the costs and
expenses thereof.
NOW, THEREFORE, IT IS RESOLVED, that:
1. The property owners owning more than 50% of the area of
assessable lands within the District had not, at the conclusion of the hearing, filed
written protests against the proposed levy, as a whole or as to any part thereof, or
against the District or the extent thereof to be assessed for the costs and expenses of
the levy as a whole, or as to any part thereof, or against the Engineer of Work's
estimate of costs and expenses, in who le or in part, or against the maps and
description, in whole or in part, or against the diagram or the assessment to pay for
the costs and expenses thereof, in whole or in part.
2. The public interest, convenience, and necessity require that the
levy be made.
3. The District benefited by the improvements is to be assessed for
said costs for the construction or installation of the improvements, including the
maintenance or servicing, or both, thereof, are situated in the City of Alameda,
California, the exterior boundaries thereof, are as shown by a map thereof filed in the
office of the City Clerk, which map is made a part hereof by this reference.
4. That said district be, and is hereby designated as “City of
Alameda Maintenance Assessment District 01-01" by which name it shall hereafter
be referred to in all subsequent proceedings, including proceedings for the levy and
collection of assessments.
5. The Engineer's Report as a whole and each part thereof, is
hereby confirmed to whit:
(a) The Engineer of Work's estimate of the itemized and total
costs and expenses of maintaining the improvements and of the incidental expenses
in connection therewith;
(b) The diagram showing the District, plans, and
specifications for the improvements to be maintaine d and the boundaries and
dimensions of the respective lots and parcels of land within the District; and
(c) The assessment of the total amount of the cost and
expenses of the proposed maintenance of the improvements upon the several lots or
parcels of land in the District in proportion to the estimated benefits to be received by
such lots and parcels, respectively, from said improvements, including the
maintenance or servicing, or both, thereof, and of the expenses incidental thereto.
6. Based on the oral and documentary evidence, including the
Engineer's Report, offered and received at the June 18, 2013 hearing, this Council
expressly finds and determines (a) that each of the several lots and parcels of land
will be specially benefited by the maintenance o f the improvements at least in the
amount, if not more than the amount, of the assessment apportioned against the lots
and parcels of land, respectively, and (b) that there is substantial evidence to support,
and the weight of the evidence preponderates in favor of the aforesaid findings and
determination as to special benefits.
7. Upon the adoption of this resolution, but in no event later than
the third Monday in August following such adoption, the City Clerk shall file a certified
copy of the diagram and assessment and a certified copy of this resolution, with the
Auditor of the County of Alameda. Upon such filing, the County Auditor shall enter on
the County assessment roll opposite each lot or parcel of land the amount of
assessment. The assessments shall be collected at the same time and in the same
manner as County taxes are collected, and all laws providing for the collection and
enforcement of County taxes shall apply to the collection and enforcement of the
assessments. After collection by the County of Alameda, the net amount of the
assessments, after deduction of any compensation due the County for collection,
shall be paid to the Finance Division of this City.
8. Upon receipt of moneys representing assessments collected by
the County, the Finance Division of this City of Alameda shall deposit said moneys in
the City Treasury to the credit of an improvement fund, which improvement fund the
Finance Division of this City is hereby directed to establish under the distinctive
designation of the District. Moneys in the improvement fund shall be expended upon
the maintenance of the improvements.
* * * * * *
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alam eda in a regular
meeting assembled on the 18th day of June, 2013, by the following vote to wit:
AYES: Councilmembers Chen, Daysog, Ezzy Ashcraft, Tam and
Mayor Gilmore – 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 19th day of June, 2013.
__________________________
Lara Weisiger, City Clerk
City of Alameda