Resolution 15063CITY OF ALAMEDA RESOLUTION NO. 15063
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. 15007, 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. 15007, 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 under and pursuant to the aforesaid resolution,
and that Tuesday, July 7, 2015, 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
Engineers Report and to pay the costs and expenses thereof.
NOW, THEREFORE, IT IS RESOLVED, that:
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 whole
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 wit:
(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 maintained 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 July 7, 2015 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 of 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 Alameda in a regular meeting
assembled on the 7th day of July, 2015, by the following vote to wit:
AYES: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie
and Mayor Spencer — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF,) have hereunto set my hand and affixed the official
seal of said City this 8th day of July, 2015.
Lara Weisiger, i Clerk
City of Alameda
APPROVED AS TO FORM:
Jan C. Kern, City Attorney
City of Alameda