Resolution 14087CITY OF ALAMEDA RESOLUTION NO.14087
PRELIMINARILY APPROVING ANNUAL REPORT DECLARING
INTENTION TO ORDER LEVY AND COLLECTION OF ASSESSMENTS
AND PROVIDING FOR NOTICE OF PUBLIC HEARING JULY 3, 2007
ISLAND CITY LANDSCAPING AND LIGHTING DISTRICT 84-2, ZONES 2
AND 3
WHEREAS, the City of Alameda (the "City ") has duly created the Island City
Landscaping and Lighting District 84 -2, Zones 2 and 3 (the "District ") under the
Landscaping and Lighting Act of 1972 (Sections 22500 and following of the Streets and
Highways Code of California) (the "Act ") to install and maintain certain landscaping and
lighting improvements (the "Improvements "); and
WHEREAS, the City has directed the City Engineer, as engineer of work for the
District, to file an annual report in accordance with the Landscaping and Lighting Act of
1972, and that report is on file with the City and shows the proposed improvements and the
estimated costs and assessments, all for the fiscal year 2007 -2008.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the
City Council of the City of Alameda, pursuant to Chapter 2, Section 22587 of the Act that:
1. The City Council hereby finds that the report of the engineer of work on file
with the City contains all matters required by Section 22565 through 22574 of the Act and
is hereby approved and confirmed. Reference is made to the report, which is on file with
the City Clerk of the City of Alameda, for a full and detailed description of the
improvements described in Section 6, the boundaries of the District described in Section 5,
the assessment range formula that is proposed to be levied on the assessable lots and
parcels of property within the District.
2. The City Council hereby declares its intention to increase the assessment
amount in the District and to allow for future annual increases based on an indexed
inflation adjustment formula. The City Council has determined at this time to call an
assessment ballot proceeding therein to authorize the assessment increase (which is more
particularly outlined in the Engineer's Report) to pay the costs and expenses of the
improvements described in Section 5 of this Resolution. The City Council finds that the
public's best interest requires such levy and collection.
3. Pursuant to Proposition 218, Section 4, Sub - Section 4 (c), now California
Constitutional Articles XIIIC and XIIID, (hereafter referred to as the "Proposition 218 ")
approved by the California voters in November 1996, an assessment ballot proceeding is
hereby called on behalf of the District on the proposition of increasing the assessment and
providing for future increases through an indexed inflation adjustment formula in the
method of spread to allow for reasonable increases within the District.
4. The assessment ballot proceeding for the District on the proposition of
increasing the assessment and allowing for future reasonable increases, pursuant to
Section 4, Sub - Section 4 (c and d) of Proposition 218 consists of an assessment ballot,
included with the mailed notice required by Section 22556 of the Act, distributed by mail, to
the property owners of record within the District appearing on the County's last equalized
roll. Each property owner's vote is weighted by the amount of their proposed assessment
and property owners may return the ballot by mail or in person to the City Clerk not later
than the conclusion of the Public Hearing on July 3, 2007. At the Public Hearing, pursuant
to Section 4, Sub - Section 4 (e) of Proposition 218 the agency shall tabulate the ballots' to
determine if a majority protest exists. The ballots shall be weighted according to the
proportional financial obligation of the affected property. A majority protest exists if, upon
the conclusion of the Public Hearing, ballots submitted in opposition to the assessments
exceed the ballots submitted in favor of the assessments.
5. The boundaries of the District are described as the boundaries previously
defined in the formation documents of the original District, within the boundaries of the City
of Alameda, within the County of Alameda, State of California; as shown upon the
boundary map of said Landscape and Lighting District, which is on file in the office of the
City Clerk. The distinctive designation of the District is "Island City Landscaping and
Lighting District 84 -2, Zones 2 and 3 of the City of Alameda," and is comprised of
properties on Webster Street from Central Avenue to Atlantic Avenue.
6. The improvements provided within the District include, but are not limited to,
the operating, maintaining, and servicing of all public' landscaping improvements,
consisting of trees, medians, refuse containers, sidewalks, plant materials, pathways,
irrigation systems, lighting systems, and associated appurtenant facilities. Services
include, but are not limited to, personnel, materials, contracting services, electrical energy,
water required for all necessary maintenance, replacement, repair and administration,
required to keep the above mentioned improvements in a healthy, vigorous and
satisfactory condition.
7. For Fiscal Year 2007 and 2008, the proposed assessments are outlined in
the Engineer's Report which details the annual assessments and formula.
8. The City Council hereby declares its intention to conduct a Public Hearing
annually concerning levy of assessments for the District in accordance with Chapter 2,
Section 22626 of the Act.
9. The Public Works Department is directed to give notice of the time and place
of the Public Hearing to all property owners within the District by causing notice to be given
pursuant to Section 53753 of the Government Code. Property owners will also be provided
a mailed assessment ballot to vote on the proposed assessment range formula to allow for
reasonable increases. Ballots must be received prior to the conclusion of the Public
Hearing, at which time they will be tabulated. At the Public Hearing, all interested persons
shall be afforded the opportunity to hear and be heard.
10. Notice is hereby given that a Public Hearing on these matters will be held by
the City Council on the July 3, 2007, at 7 :30 p.m. at the meeting place of the City Council,
in the Alameda City Hall, 2263 Santa Clara Avenue, Alameda, California, 94501.
11. The City Clerk is authorized and directed to give notice of the hearing
required by the Landscaping and Lighting Act of 1972 by publishing a copy of this
resolution twice in the Alameda Journal, a newspaper regularly published and circulated in
the City. The first publication shall be not later than 45 days before the date of said
hearing.
12. Interested persons should contact Marge McLean of the City of Alameda
Public Works Department, 950 West Mall Square, Room 110, Alameda, California 94501,
telephone number (510)749 -5896, regarding this hearing, the assessments and the report.
1, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 15th day of May 2007, by the following vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 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 16th day of May, 2007.
Lara Weisiger, City Cler
City of Alameda