Resolution 13459CITY OF ALAMEDA RESOLUTION NO.13459
INTENTION TO ORDER THE FORMATION OF AN ASSESSMENT DISTRICT AND THE
LEVY AND COLLECTION OF ASSESSMENTS PURSUANT TO THE PROVISIONS OF THE
CITY OF ALAMEDA MAINTENANCE PROCEDURE CODE, CHAPTER 3, ARTICLE V OF
THE ALAMEDA MUNICIPAL CODE AND SETTING A HEARING DATE OF JUNE 18, 2002
CITY OF ALAMEDA MAINTENANCE DISTRICT 01 -01
WHEREAS, on December 4, 2001, the City Council adopted Resolution No.
13416, Determining to Undertake proceedings for the formation of a maintenance assessment
District pursuant to Chapter 3, Article V of the Alameda Municipal Code, and Resolution No.
13417, Appointing an Engineer and an Attorney for City of Alameda Maintenance District 01 -01,
and directed said Engineer to prepare a written report; and
WHEREAS, the Engineer of Work has prepared and filed with the City Clerk a
written report as called for under Chapter 3, Article V, of the Alameda Municipal Code and
required by Resolution No. 13417, which said report has been submitted and preliminarily
approved by this Council in accordance with Chapter 3, Article V of the Alameda Municipal
Code.
NOW, THEREFORE, it is hereby resolved as follows:
1. In its opinion the public interest and convenience require and it is the intention of
this Council to order the formation of an assessment district and the levy and collection of
assessments pursuant to the provisions of Chapter 3, Article V of the Alameda Municipal Code,
which by reference, does also incorporate the Landscaping and Lighting Act of 1972, for the
construction of installation of the improvements, including the maintenance or servicing, or both,
thereof, more particularly described as follows:
a) The construction or installation, including the maintenance or servicing, or both,
thereof, of public landscaping, including but not limited to trees, shrubs, grass,
water usage or other vegetation.
b) The construction or installation, including the maintenance or servicing, or both,
thereof, of public lighting facilities, including but not limited to standards, poles
and electric current or energy.
c) The construction or installation, including the maintenance or servicing, or both,
thereof of public streets, roads and avenues, including but not limited to
pavement, curb, gutter, sidealk, striping, signs, and planting strip.
d) The construction or installation, including the maintenance or servicing, or both,
of park facilities and waterside protection systems, including but not limited to
park land, park amenities, pathway, irrigation, water usage, bulkhead and over
look.
2. The costs and expenses of said improvements, including the maintenance or
servicing, or both, thereof, are to be made chargeable upon a maintenance assessment district to
be designated as City of Alameda Maintenance Assessment District 01 -1 ", the exterior
boundaries of which district are the composite and consolidated area as more particularly shown
on a map thereof on file in the office of the City Clerk of the City of Alameda 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 of any zone thereof and shall govern for all details
as to the extent of the maintenance assessment district.
3. The report of the engineer of work on file with the City is hereby preliminarily
approved and the City intends to levy assessments on the properties shown in the report for the
fiscal year 2002 -03, subject to any changes that may be ordered by the Council.
4. On June 18, 2002, at the hour of 7:30 o'clock P.M., the Council will hold a public
hearing on the proposed establishment of the Maintenance Assessment District and the proposed
assessments for the fiscal year 2002 -03. The hearing will be held at the meeting place of the
Council, at City Hall Council Chambers, 2263 Santa Clara Ave., Alameda, California, 94501.
5. The City Clerk is authorized and directed to give notice of the hearing required by City
of Alameda Maintenance Procedure Code, Chapter 3, Article V of the Alameda Municipal Code,
by publication of this resolution once in a newspaper published and circulated in the City. The
first publication shall be not later than 10 days before the date of said hearing.
6. The Public Works Department is directed to mail notices to all property owners.
These notices will list the total amount chargeable to the district, the amount chargeable to the
owner's parcel, the duration of the payments, the reason for the assessment and the basis upon
which the amount of the proposed assessment was calculated. These notices will also advise
property owners of the procedures for conducting a ballot, per the attached ballot procedures.
7. Interested persons should contact Marge McLean of the City of Alameda Public
Works Department, 950 West Mall Square, Alameda Point, Alameda, California 94501,
telephone number 510- 749 - 5896,` regarding this hearing, the assessments and the report.
CITY OFALAMEDA'
MAINTENANCE ASSESSMENT D|GTR|CT
PROCEDURES FOR COMPLETION, RETURN, AND TABULATON OF BALLOTS
PREPARATION OF BALLOTS
Bal!ots wilt be prepared by the City and mailed to each property owner of record in
the t di tri h be subject
letter accornpanying the ballot will clearly state the total amount chargeable to the
entire district, the amount chargeable to the to the ovvnerils parcel, the duration of
the payments, the reason for the assessment ad the basis upon which the amount
of the proposed assessment was calculated. The date, time, and location of the
public hearing should also be included. The ballot will contain instructions for
returning it to the City.
The City will note the number of ballots distributed and the total amount ofthe
increased assessment for comparison to the final tabulation.
||. COMPLETION OF BALLOTS
A. WHO MAY COMPLETE A BALLOT
/\ ballot be completed by any owner of the parcel to be assessed. As used in
these Procedures, the term nowner0 includes the ovvnerps authorized representative.
If the owner of the parcel i aapa rtn era hi p' tenancy in oonnun'orjointtenanoy
a
bailot may be competed by any ofthegenere|partn tenants in common, or
joint tenants. Only one ballot may be completed for each parcel.
B. DUPLICATE BALLOTS
|fo ballot |a lost, destroyed, or never received, the City will mail or otherwise
provide a duplicate ballot to th i of a request in
delivered .. the Public Works Director. ...=""p"ca,=b=utvv,/be/nuxweoozonovv
the date on which the ba!lot was mailed or ided, and to identify it as a
duplicate ballot. The same procedure applies to duplicate bollots which are Iost,
, or never received. _
C. MARKING AND SIGNING THE BALLOT
To complete a baliot, the owner of the parcel must (1) stamp or markthe
appropriate box either for or against the proposed increased assessment and (2)
sign, under penalty of p ury, the statement onthebeUmtthatthepere
completing the ballot is the owner of the parcel or the ownerils authorized
representative. Only one pre-printed box may be stamped or marked on each
O. ACCEPTABLE BALLOTS
The City will only accept ballots mailed or otherwise provided to owners by the
City. No copies, reproductions or faxes will be accepted.
III. RETURN OF BALLOTS
A. WHO MAY RETURN BALLOTS
If a parcel has one individual owner, the ballot must be returned by that owner or
the ownerEs authorized representative or attorney in fact. If a parcel has multiple
owners (ie. tenants in common or joint tenants), or if a parcel is owned by a
corporation, partnership or other form of business organization, the ballot must be
returned by an individual who attests under penalty of perjury to have the legal
authorization to submit a ballot on behalf of all the owners of the parcel or to
submit on behalf of the corporation, partnership or other form of business
organization.
B. WHERE TO RETURN BALLOTS
Ballots may be mailed to the address indicated on the ballot. Ballots may also be
delivered in person to the Public Works Administration Office, at City Hall, 950 West
Mall Square, Room 110, Alameda, California 94501, up to 5 p.m. on the day of the
public hearing, or delivered to the City Clerk, prior to the completion of the public
hearing on the proposed assessment.
C. WHEN TO RETURN BALLOTS
All completed ballots must be received by the Public Works Director, or his
designee, prior to the time when the City Council closes the public input portion of
the public hearing on the proposed fees. The public input portion of the public
hearing may be continued from time to time. Each ballot will be endorsed as to the
date of its receipt.
The City Clerk will pick up mailed ballots at 5 p.m. on the date scheduled for the
public hearing on the proposed fees. Mailed ballots received after 5 p.m. on the
date scheduled for the public hearing will only be counted if the ballots are received
by the City Clerk prior to the conclusion of the public input portion of the public
hearing. The City makes no representation as to whether the public input portion of
the public hearing will be concluded on the date scheduled for commencement of
the public hearing, or continued to a later date.
D. WITHDRAWAL OF BALLOTS
After returning a ballot to the City, the person who signed the ballot may withdraw
the ballot by submitting a written statement to the City Clerk directing the City Clerk
to withdraw the ballot. Such statement must be received by the City Clerk prior to
the close of the public input portion of the public hearing on the proposed fees. If
any ballot has been withdrawn, the person withdrawing the ballot may request a
duplicate ballot. The City Clerk will retain all withdrawn ballots and will indicate on
the face of such withdrawn ballots that they have been. withdrawn.
IV. TABULATION OF BALLOTS
A. WHICH BALLOTS WILL BE COUNTED
Only ballots which are completed and returned in compliance with these
Procedures will be counted. Ballots received by the City Clerk after the close of the
public input portion of the public hearing on the proposed fees will not be counted.
Ballots which are not signed by the owner will not be counted. Ballots with no
box marked will not be counted. Ballots withdrawn in accordance with these
procedures will not be counted.
The Public Works Director, or his designee, will keep a record of each duplicate
ballot mailed or provided to an owner, and will verify, prior to counting any
duplicate ballot, that only one ballot has been returned for the parcel. If a non -
duplicate ballot has been returned, the non- duplicate ballot will be counted and all
duplicate ballots will be disregarded. If only duplicate ballots have been returned,
the City will count the earliest provided duplicate ballot and disregard the later
provided duplicate ballots.
B. WHEN AND WHERE BALLOTS WILL BE TABULATED
The final tabulation of ballots will be performed, in view of those present, at the
public' hearing following the close of the public input portion of the public hearing.
The public hearing may be continued from time to time for the purpose of
tabulating ballots.
C. HOW BALLOTS WILL BE TABULATED
The City may pre -sort and bundle the returned ballots prior to tabulating the ballots.
Ballots may be counted by hand, by computer, or by any other tabulating device.
Each ballot will be tabulated and weighted according to the proportioned amount of
that propertyEs increased assessment.
D. WHO WILL TABULATE BALLOTS
Ballots may be tabulated by the City Clerk, her designee, or by City staff or
consultants of the City.
E. RESULTS OF TABULATION
The results of the tabulation will be announced following the completion of the
tabulation, and entered in the minutes of the City Council meeting. If the assessed
value of the ballots submitted in favor of the proposed increased assessment
exceed one -half (50%) of the assessed value of the ballots returned to the City and a
majority of the ballots submitted are in favor of the increased assessment, the
assessment increase will be considered approved.
V. RESOLUTION OF DISPUTES
In the event of a dispute regarding whether the signer of a ballot is the owner of the
parcel to which the ballot applies, the City will make such determination from the
last equalized assessment roll and any evidence of ownership submitted to the City
prior to the conclusion of the public hearing. The City will be under no duty to
obtain or consider any other evidence as to ownership of property, and its
determination of ownership will be final and conclusive.
In the event of a dispute regarding whether the signer of a ballot is an authorized
representative of the owner of the parcel, the City may rely on (1) the statement on
the ballot signed under penalty of perjury that the person completing the ballot is
the ownerEs authorized representative, and (2) any evidence submitted to the City
prior to the conclusion of the public hearing. The City will be under no duty to
obtain or consider any other evidence as to whether the signer of the ballot is an
authorized representative of the owner, and its determination will be final and
conclusive.
VI. GENERAL INFORMATION
For further information, contact the City Attorneys office at (510) 74.8 -4544,
Monday through Friday, 8 a.m. to 5 p.m.
stdbalot.wpd May 8, 2002
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, 2002, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr, and
Mayor Appezzato - 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, 2002.
Lara Weisiger, City CI
City of Alameda