Resolution 12882CITY OF ALAMEDA RESOLUTION NO.12882
PRELIMINARILY APPROVING ANNUAL REPORT DECLARING
INTENTION TO ORDER LEVY AND COLLECTION OF ASSESSMENTS
AND PROVIDING FOR NOTICE OF JULY 15,1997 NEARING
THEREOF - ISLAND CITY LANDSCAPING AND LIGHTING DISTRICT
84-2
WHEREAS, the City of Alameda (the "City") has duly
created the Island City Landscaping and Lighting District 84-2
(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
Wfiscal year 1997-98.
CC
NOW, THEREFORE, BE IT RESOLVED by the City Council of
he City of Alameda that:
1. The report of the engineer of work on file with the
City is hereby preliminarily approved and the City intends to
evy assessments on the properties shown in the report for the
fiscal year 1997-98, subject to any changes that may be ordered
by the Council.
2. On July 15, 1997, at the hour of 7:30 o'clock P.M.,
the Council will hold a public hearing on the proposed
Improvements and the proposed assessments for the fiscal year
1997-98. The hearing will be held at the meeting place of the
Council, in the Alameda High School Little Theater, 2200 Central
Avenue, Alameda, California, 94501.
3. 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 published and circulated in the
City. The first publication shall be not later than 45 days
before the date of said hearing.
4. The Public Works Department is directed to mail
notices to all property owners who are experiencing an increase
in assessment from the 1996-97 fiscal year. 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 conduting a
ballot, per the attached ballot procedures.
5. Interested persons should contact Marge McLean of
the City of Alameda Public Works Department, 2250 Central Avenue,
Alameda, California 94501, telephone number (510 748 -4651,
regarding this hearing, the assessments and the report.
* * * * * *
CITY OF ALAMEDA
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT
PROCEDURES FOR COMPLETION, RETURN, AND TABULATION OF BALLOTS
PREPARATION OF BALLOTS
Ballots will be prepared by the City and mailed to each property owner of record in the assessment
district who be subject to the increased assessment. charge. The letter accompanying the ballot
will clearly state the total amount chargeable to the entire district, the amount chargeable to the to
the owner's 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 of the increased
assessment for comparison to the final tabulation.
II. COMPLETION OF BALLOTS
A. WHO MAY COMPLETE A BALLOT
A ballot may be completed by any owner of the parcel to be assessed. As used in these
Procedures, the term "owner" includes the owner's authorized representative. If the owner of the
parcel is a partnership, tenancy in common, or joint tenancy, a ballot may be completed by any of
the general partners, tenants in common, or joint tenants. Only one ballot may be completed for
each parcel.
B. DUPLICATE BALLOTS
If a ballot is lost, destroyed, or never received, the City will mail or otherwise provide a duplicate
ballot to the owner upon receipt of a request in writing, delivered to the Public Works Director. The
duplicate ballot will be marked to show the date on which the ballot was mailed or provided, and to
identify it as a duplicate ballot. The same procedure applies to duplicate ballots which are lost,
destroyed, or never received.
C. MARKING AND SIGNING THE BALLOT
To complete a ballot, the owner of the parcel must (1) stamp or mark the appropriate box either for
or against the proposed increased assessment and (2) sign, under penalty of perjury, the statement
on the ballot that the person completing the ballot is the owner of the parcel or the owner's
authorized representative. Only one pre - printed box may be stamped or marked on each ballot.
D. 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 owner's
attorney in fact. If a parcel has multiple owners lie. 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 Director, or his designee, at City Hall, 2250 Central Avenue, Room 280,
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 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 City 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 City will count the non - duplicate ballot and disregard all
duplicate ballots. If only duplicate ballots have been returned, the City will count the earliest
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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 regular meeting assembled on the 20th
day of May , 1997, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Kerr, Lucas
and President 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 21sT day of May , 1997.
Diane lsch, City Clerk
City of Alameda
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 property's
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 distributed by the City, the assessment increase will be 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 owner's 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 Attorney's office at (510) 748 -4544, Monday through
Friday, 8 a.m. to 5 p.m.
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