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Resolution 13105CITY OF ALAMEDA RESOLUTION NO.13105 RESOLUTION TO PRELIMINARILY APPROVE ANNUAL REPORT DECLARING INTENTION TO ORDER LEVY AND COLLECTION OF ASSESSMENTS AND PROVIDING FOR NOTICE OF JULY 6,1999 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 1998-00. 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 1999-00, subject to any changes that may be ordered by the Council. 2. On July 6, 1999, 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 1999-00. The hearing will be held at the meeting place of the Council, in the Alameda City Hall Council Chambers, 2263 Santa Clara Avenue, 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 1998 -99 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 1999 -00 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, 950 West Mall Square, Alameda, California 94501, telephone number (510 749 -5896, regarding this hearing, the assessments and the report. CITY OF ALAMEDA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT ASSESSMENT BALLOT PROCEDURES 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 to an 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 will 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. I1. COMPLETION OF BALLOTS 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 last 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, destroyed, 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 ballot 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. 3 III. RETURN OF BALLOTS A. 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 Alameda Point Annex, 950 West Mall Square, Room 110, Alameda, California 94501, up to 5 p.m. on the day of the public hearing and 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 date. 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 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 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. 4 B. WHEN AND WHERE BALLOTS WLL 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 b—|otn. 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 tabuEation wU! be announced fo!owing the completion of the tabuation, and entered in the minutes of the City Council meeting. The assessment shall not be imposed if 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 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 bofina| and conclusive. In the event of a dispute regarding wheth the signer of a baflot is an authorized representatjve 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 submated to the City pnor to the conctusion af the pubtic hearing. The City wit! be under rio 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) 749'5840' Monday through Thursday, 8:30 a.m. to 5 p.m. procedur.frm 3/16/99 5 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 18th day of May , 1999, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and President Appezzato - 5. NOES: None. ABSENT: None. ABSTENTIONS: None.. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the officia this 19th day of May , 1999. seal o Diane Felsch, City Clerk City of Alameda said City