Ordinance 2623CITY OF ALAEDA ORDINANCE NO. 2623
New Series
AMENDING THE ALAEDA MUNICIPAL CODE BY ADDING
ARTICLE V TO CHAPTER III (FINANCE AND TAXATION) THEREOF,
PROVIDING FOR THE CITY OF ALAEDA MAINTENANCE SERVICE LAW
INCLUDING GENERAL PROVISIONS AND DEFINITIONS
POWERS AND PROCEDURES FOR THE PURPOSE OF
PROVIDING FINANCING FOR SPECIFIED PURPOSES, AND
CERTAIN OTHER SUPPLEMENTAL PROVISIONS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALAMEDAthat:
Section . Recitals. The City Counci of t e City of
Alameda does hereby find , determine and declare that:
(a) the City of Alameda (the "ci ty") is a muni.cipal
corporation and charter city duly organized and existing under
a charter pursuant to which the City has the right and power
to make and enforce all laws and regulations in respect to
municipal affairs and certain other matters in accordancl with
and as more particularly provided in Sections 3 , 5 anc. 7 of
Article XI of the Constitution of the State of Californ a andSection 1-2 (D) of Article I of the Charter of the City (theCharter") i and
(b) the City Council of the City acting undE r and
pursuant to the powers reserved to the City under Sections 3
5 and 7 of Article XI of the Constitution of the Sta te
California and Section 1-2 (D) of Article I of the Chclrter,finds that the public interest and necessity require theestablishment by this procedural ordinance of rtain
procedures relating to the maintenance and maintEmance
services by the Ci ty for the purpose of financing such
maintenance and maintenance services as specified herein.
Section 2 . The Alameda Municipal Code is hereby amended by
adding Article V to Chapter III (Finance and Taxation) there1:o , toread as follows:
ARTICLE V
THE CITY OF ALAMEDA MAINTENANCE PROCEDURE CODE
3-80.Short title.
This ordinance shall be known and may be ci tedas
Alameda Maintenance Procedure Code " and shall beherein as the "Maintenance Procedure"
) .
the "City ofreferred to
3-80.Municipal and state affairs; authority conferJ:ed by
Code; applicability of laws.
This Municipal Procedure is adopted pursuant to Section 1-2 (D)of Article I of the Charter of the City of Alameda. In proceHdings
had pursuant to this Maintenance Procedure which are a municipalaffair, any general laws referred to in this Municipal Procedure
are deemed a part of this Municipal Procedure.
In the event that any proceeding had pursuant to thisMunicipal Procedure shall be adjudged a state affair it isdeclared to be the intention that the proceedings were had pursuant
to any applicable general law or laws.
This Municipal Procedure provides an alterative method of
financing certain public and private capital facilitieB and
municipal services. The provisions of this Municipal Procedure
shall not affect or limit any other provisions of law authorizing
or providing for the furnishing of facilities or services , c)r theraising of revenue for these purposes. The Ci.ty may use the
provisions of this Municipal Procedure instead of or in conjunction
with any other method of financing part or all of the cost ofproviding the authorized kinds of public and private cClpital
facilities and municipal services.
3-80.Conflicting Provisions; severability.
Any provision in this Municipal Procedure which conflict:; with
any general law or act shall prevail over the other such provision
in connection with any proceedings taken pursuant to this Municipal
Procedure.
In the event any portion of this Municipal Procedure shall be
declared illegal, unenforceable or unconstitutional such
provision shall be deemed severable from the rest of the provisions
of this Municipal Procedure.
3 -8 a . 4 Actions or Determinations; Proceedings.The Ci ty Council may take any actions or mak(~ any
determinations which it determines are necessary or conveniE~nt to
carry out the purposes of this Municipal Procedure and which are
not otherwise prohibited by law.
3-80.Purpose and Intent.
The purpose and intent of this chapter is to establish a
method whereby the improvements described in Section 3-80.14 hereof
may be constructed , installed and/or maintained, and whereby thecosts thereof may be assessed to property which is reced vingspecial benefit therefrom; and to establish a procedure whereby
such assessments may be collected.
3-80.Compliance with Article.
Any proceedings taken or assessment levied pursuant tel thisArticle shall not be held invalid for failure to comply wit theprovisions of this Article provided such failure is not aconstitutional defect.
3-80.Necessary or Convenient Procedure Authorized.
Any procedure not expressly set forth in this Article but
deemed necessary or convenient to carry out any of its purpOBes isauthorized.
3-80.Nonexclusiveness of Remedies.
The remedies provided in this Article for
any assessment levied pursuant to this Article
and additional remedies may be provided at any
the enforcemEmt of
are not exc ll.s i ve ,
time.
3 -8 0 . 9 Abandonment of Proceedings.
Proceedings under this Article may be abandoned at any time
prior to the confirmation of the assessments.
3-80.10 Effect Upon Other Law.
This Article does not affect other law relating to the same or
any similar subject , but provides an alternative authority and
procedure for the subj ect to which it relates. When procE~eding
under this Article , its provisions only need be followed.
3-80.11 Construction.
This Article is to be liberally construed.
3-80.
1972.
The Landscaping and Lighting Act of 1972 (Part 2 commEmcing
with section 22500 , of Division 15 of the California street:s and
Highways Code), as amended from time to time , is incorporated in
and made a part of this Article. Except as otherwise provided by
this Article, the mode and manner for making improvements for
levying and collecting assessments shall be as prescribed theLandscaping and Lighting Act of 1972: provided, however , thclt for
the purposes of the formation of any district hereunder, and/or the
annexation of any territory thereto, notice of hearing shall be by:
(i) mailed notice , sent first class mail and deposited , postageprepaid, in the United states mail and shall be deemed given when
so deposited , which notices shall be mailed to those persons whose
names appear on the last equalized county assessment roll or the
state Board of Equalization assessment rolls , as the case may be
and said mailing shall be completed not less than fifteen (15) daysbefore the date established for the hearing for formati:m or
annexation; and (ii) by publication , one time , in a newspaper ofgeneral circulation wi thin the boundaries of the asse ;smentdistrictwhich publication shall occur not less than ten (10) daysbefore the date established for the hearing on formati.;m orannexation. For the purposes of annual hearings to establish
annual assessments , notice shall be as provided in (ii) above.
Incorporation of the Landscaping and Lighting ct of
3-80.13 Alteration of District.The boundaries of any district created pursuant to this
Article may be altered from time to time in the manner provided in
the Landscaping and Lighting Act of 1972 or as otherwise Itlay be
provided by the Council in the resolution initiating proceE~dings
for any such alteration.
3-80.Defini tions.
(a) For all purposes under this chapter, the term"improvement" shall include the installation , construction
planting and/or acquisition of trees, shrubs , groundcover , grass or
other ornamental vegetation , statuary, fountains , water featu::es or
other ornamental structures , lighting facilities , including traffic
signals and warning devices , park or recreational improvements
including lights, playground equipment , play fields , play courts
restroom facilities , sound walls , fences and all appurtenancesthereto, including grading, clearing, removal of debris rbsgutters, sidewalks bicycle paths paving, wat:er, irrigation
drainage or electrical facilities and the acquisition of land for
park , recreational or open space purposes , and also installationconstructionmaintenance or servicing of any public or priva':e (1)street , highway, road , alley, lane , boulevard , pedestrian mall,parkway, bicycle path, trail , or other way dedicated to or uSHd forpublic use and all appurtenances including but not limited tomedians, soundwalls and street signs; (2) parks , play fields . parkor recreation administrative or neighborhood community centerfacilities, open space and shoreline parks and open space; (3)drains , tunnels , sewers , conduits , culverts , and channels for
drainage purposes; with necessary outlets , manholes , catch bClsins
flush tanks , septic tanks , disposal plants , connecting sE~wersdi tches , drains , conduits , channels , and appurtenances; and (4)canals , estuaries , channels , shoreline stabilization facili ti,=s andmeasures, including rip-rap, bulkheads , dikes , breakwaters , levees
and embankments.
(b) For all purposes under this Article , the term"incidental expenses " shall include all items listed in SHction
22526 of the Landscaping and Lighting Act of 1972 and also all
costs and expenses incurred in connection with the administrationof a district created pursuant to this Article or with theenforcement of the duty of a property owner pursuant to thi~; Code
to maintain or repair any improvement , including but not limi1:ed tocompensation of any attorney and/or consultant employed to render
services in connection with such district or such enforcementproceedings.
(c) For all purposes under this Article
, "
maintctin ormaintenance" shall include all items listed in section 22531 of the
Landscaping and Lighting Act of 1972 , together with maintenance of
the improvements in Section 3-80.14(a) above , without limitcltionby dredging, desil tation , and the removal or remedial actiem for
the cleanup of any hazardous substance released or threatened to be
released into the environment.
3-80.15 Installment Levy and Collection of AssessJaents.
The City may, by resolution determine that the estimated cost
of any of the improvements authorized pursuant to this Article isgreater than can be conveniently raised from the single ,aSSeEjSment
and order that the estimated cost shall be raised by an aSSeEjSmentlevied and collected in installments over such period of tj.me as
may be set forth in that resolution.
3-80.16 Assessable Lands Assessment Formula.The annual assessment sh(;ll be restricted to taxable real
property in the district , except as expressly provided in the
resolution of intention. Any assessment formula may include a
component based on the value of the properties assessed , meclsuredby any constitutionally-acceptable method. rhe Council mayprovide, in the resolution of intention , for relief from Cl.rrent
assessment payments by senior citizens , persons and famili es oflow-income or other classes of persons reasonably entitled , ~n the
judgment of the Council, to such relief , by deferred payment until
such time as the property is sold to persons not within theprotected class , or otherwise.
30-80.17 Limi ta tion of Actions.
The validity of any initial assessment levied under this
Article shall not be contested in any action or proceedings, l.nless
the action or proceeding is commenced wi thin 30 days after the
assessment is levied. The validity of any assessment levied after
the initial assessment may be contested only for the purpc.se of
challenging the accuracy of computation of the component elE ents
of the assessment formula or the validity of any change in the
assessment formula made pursuant to section 3-80.16. Any clppeal
from a final judgment in the action or proceeding sha 11 be
perfected within 30 days after the entry of judgment.
3 -8 a . 18 Changes in Formula.
Changes in the assessment formula may be made in proceE~dings
for the levy of annual assessments after the levy of the initialassessment. In such event , the proposed change shall be described
in the engineer s report and in the resolution of intention.
Section This ordinance shall be in full force and E!ffect
from and after the expiration of thirty (30) days from t date of
its final passage.
Presiding Officer of thAttest:
tM 4,.
I, the undersigned , hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City
Alameda in regular meeting assembled on the 5th day
of January , 19 , by the following vote to wit:
AYES:Councilmembers Appezzato, Arnerich, Lucas, Roth
and President Wi throw - 5.
None.NOES:
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixe the
official seal of said City this 6th day of January 1993.
Dian 1f!Clerkci ty of Alameda