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Resolution 13332CITY OF ALAMEDA RESOLUTION NO.13332 PRELIMINARILY APPROVING ANNUAL REPORT DECLARING INTENTION TO ORDER LEVY AND COLLECTION, OF ASSESSMENTS AND PROVIDING FOR NOTICE OF 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 2001 -2002. 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 2001 -02, subject to any changes that may be ordered by the Council. 2. On June 19, 2001, 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 2001 -02. The hearing will be held at the meeting place of the Council, at City Hall Council Chambers, 2263 Santa Clara Ave., 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 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 2000 -01 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 conducting a ballot, per the attached ballot procedures. 5. 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 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. IL 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 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. 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 1 A. WHO MAY RETURN BALLOTS If a parcel has one individual owner, the ballot must be returned by that owner or the owner's 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 950 West Mall Sq., Room 110, Alameda, California 94501, up to 5 p.m. on the day of the public hearing, or directly to the City Clerk at the public meeting, 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 assessments. 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 2 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 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 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 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. C: \WPDOCS \DATA \PROCEDU R.FRM 3 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 1st day of May, 2001, 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 2nd day of May, 2001. Diane Felsch, City Clerk City of Alameda