Resolution 15546CITY OF ALAMEDA RESOLUTION NO. 15546
APPROVING THE ENGINEER'S REPORT, CONFIRMING DIAGRAM AND
ASSESSMENT AND ORDERING LEVY OF ASSESSMENTS,
MAINTENANCE ASSESSMENT DISTRICT 01-1 (MARINA COVE)
WHEREAS, by its Resolution No., a resolution directing preparation of an
Annual Report for Maintenance Assessment District 01-1 (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, Streets and Highways Code §§ 22500 (the "Code"); 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., 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 June 4, 2019, 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 annual levy of the proposed maintenance assessment pursuant to the City
of Alameda's Maintenance Procedure Code; and
WHEREAS, notice of said hearing was duly and regularly published in the
time, form and manner required by said Code, 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 proposed assessment upon any parcel is not being increased
according to the Proposition 218 Omnibus Implementation Act, Government Code §
53739, § 53750(h).
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. 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.
5. Based on the oral and documentary evidence, including the
Engineer's Report, offered and received at the June 4, 2019 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.
6. 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 the
City of Alameda.
7. Upon receipt of moneys representing assessments collected by the
County, the Finance Division of the 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 the City of Alameda has established under the distinctive designation of the
District. Moneys in the improvement fund shall be expended upon the maintenance of
the improvements.
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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 4th day of June, 2019, by the following vote to wit:
AYES: Councilmembers Daysog, Knox White, Oddie, Vella and
Mayor Ezzy Ashcraft -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 5th day of June, 2019.
APPROVED AS TO FORM:
Lara Weisiger, City
City of Alameda