Resolution 12989CITY OF ALAMEDA RESOLUTION N0.12989
PRELIMINARILY APPROVING ANNUAL REPORT DECLARING
INTENTION TO ORDER LEVY AND COLLECTION OF ASSESSMENTS
AND PROVIDING FOR NOTICE OF JULY 21,1998 HEARING
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
fiscal year 1998-99.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the 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
levy assessments on the properties shown in the report for the
fiscal year 1998-99, subject to any changes that may be ordered
by the Council.
2. On July 21, 1998, 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
1998-99. The hearing will be held at the meeting place of the
Council, City Hall, 2263 Santa Clara 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, without
attachments, twice in the Alameda Times Star a newspaper
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 of record who are experiencing an
increase in assessment from the 1997-98 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. Notices
will be mailed at least 45 days before the date of the hearing.
5. The attached assessment ballot procedures are
adopted and will govern the distribution and counting of any
ballots necessary for the 1998-99 proceedings. Any notices for
increased assessments will also advise property owners of the
adopted procedures for conducting a ballot.
6. 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
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NOTICE OF ASSESSMENT BALLOT PROCEEDING
Ballots will be prepared by the City and mailed to each property owner of record in the assessment
district who is subject 10 an increased assessment charge. The letter accompanying the ballot will
cearIy state the total amount chargeabe to the entire district, the amount chargeable to tbe 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 data, time, and location of the
public hearing will also be included. The ballot will contain nstructions 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.
COMPLETION OF BALLOTS
A. WHO MAY COMPLETE A BALLOT
Each record owner of an identified parcel within the assessment district may complete an
assessment ballot. Record ownership will be determined from the Iast equalized secured property
tax assessment roll In the event that more than one of the record owners of an identified parcel
submits an assessment ballot, the amount of the proposed assessment shall be allocated to each
ballot submitted in proportion to the respective record ownership interests or, if the ownership
interests are not shown in the record, as established to the satisfaction of the City Clerk.
B. DUPLICATE BALLOTS
If a ballot is lost, doutnoyod, or never received, the City will mail or otherwise provide a duplicate
ballot to the owner(s) 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. Requests for duplicate ballot must be received at least 10 days
prior to the Public Hearing.
C. MARKING AND SIGNING THE BALLOT
To complete a ballot, the owner(s) 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 bailot that the person completing the ballot is the owner of the parcel.
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. Ballots marked with both "yes" and "no" are
unacceptable. Ballots which are torn or otherwise unreadable will not be accepted.
III. RETURN OF BALLOTS
A. WHERE TO RETURN BALLOTS
Ballots may be mailed 10 the address indicated on the ballot. Ballots may also be delivered in
person to the Public Works Administration Office, at City Hall Central Annex, 2250 Central Avenue,
Room 380' Alameda, California 84501, up to 5 p.m. on the day of the public hearing directly to
the City Clerk, prior to the completion of the public hearing.
B. WHEN TO RETURN BALLOTS
All completed ballots must be received by the close of the public hearing. 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 hearing. The City makes no representation as to whether the public hearing will be
concluded on the date scheduled for commencement of the public hearing, or continued to a later
C. CONFIDENTIALITY OF ASSESSMENT BALLOTS
The assessment ballot is a public record which will remain confidential during the tabulation process
in order to avoid the unnecessary lobbying and harassing of property owners, but which will
become open for public inspection after the tabulation.
D. WITHDRAWAL OF BALLOTS
After returning a baliot 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 10 withdraw the ballot.
Such statement must be received by the City Clerk prior to the close 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 baliot 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 proportional financial obligation of the
affected property.
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. The assessment shall not be imposed of the
ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the
assessment, with ballots weighted according to the proportional financial obligation of the affected
property.
V. RESOLUTION OF DISPUTES
In the event of a dispute regarding wh a| of the parcel to
which the bailot 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 auto 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 Public Works Department (510) 748-4651, Monday through
Thursday, 8:30 a.m. to 5 p.m.
procedur.frm 3/12/98
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 19th
day of May , 1998, 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 20th day of May , 1998.
Diane Felsch, City Clerk
City of Alameda