Resolution 15064CITY OF ALAMEDA RESOLUTION NO. 15064
CONFIRMING THE BALLOT RESULTS TO DETERMINE WHETHER A
MAJORITY PROTEST EXISTS IN THE PROCEEDINGS TO
INCREASE ASSESSMENTS IN LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 84-2 ZONE 4 (PARK STREET)
WHEREAS, the City of Alameda (the "City") has duly created the Island City
Landscaping and Lighting District 84-2 (the "District"), Zone 4 (the " Zone") under the
Alameda Maintenance Procedure Code (Chapter 111, Article V, et al.) (the "Municipal
Code") which incorporates the provisions of 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, on May 19, 2015 by Resolution No. 15037, the City Council initiated
proceedings to increase the assessments within Zone 4 to pay for the increased costs of
maintenance and servicing of certain improvements pursuant to terms and provisions of
the 1972 Act, Article XIII D of the Constitution of the State of California ("Article XIIID")
and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750
et seq.) (the "Omnibus Act" and, together with the Alameda Municipal Code, the 1972 Act
and Article XIIID, the "Assessment Law"); and
WHEREAS, the City Council did order and subsequently receive an Assessment
Engineer's Report (hereafter referred to as the "Engineer's Report") prepared by NBS in
accordance with the Assessment Law; and
WHEREAS, the Engineer's Report has been made a part of the record of these
proceedings and is on file in the office of the City Clerk of the City (the "City Clerk"); and
WHEREAS, on May 19, 2015 by Resolution No. 15038, the City Council (a) set
the time and place for conducting a public hearing for the purpose of hearing protests to
the proposed maintenance and servicing of the improvements and the assessments
proposed to be levied on land within Zone 4 and (b) ordered that the record owner of each
parcel proposed to be assessed have the right to submit an assessment ballot in favor of
or in opposition to the assessment proposed to be levied on such parcel; and
WHEREAS, notices of such hearing, accompanied by assessment ballot
materials, were regularly mailed to each such record owner in the time, form and manner
required by the Assessment Law, a full hearing has been given, and at this time all
assessment ballots submitted and not withdrawn pursuant to the Assessment Law have
been tabulated by the tabulation official appointed by the City (the "Tabulation Official"),
all in the manner provided by the Assessment Law; and
WHEREAS, the Tabulation Official has prepared and submitted to this legislative
body a Certificate of Tabulation Official and Statement of Assessment Ballots Submitted
(the "Certificate of the Tabulation Official'), a copy of which is attached as Exhibit A hereto
and incorporated herein by this reference, which reflects the results of the tabulation of
the assessment ballots submitted and not withdrawn; and
WHEREAS, at this time, based upon the Certificate of Tabulation Official, this City
Council hereby determines that the assessment ballots submitted, and not withdrawn, in
opposition to the proposed assessments and weighted as required by the Assessment
Law exceed the assessment ballots submitted, and not withdrawn, in favor of the
proposed assessments and similarly weighted and, therefore, a majority protest pursuant
to the Assessment Law does exist; and
WHEREAS, as a result of the existence of such majority protest, the Assessment
Law prohibits this City Council from increasing the assessments within Zone 4 and levying
the proposed assessments therein; and
WHEREAS, as the further result of the existence of such majority protest, this City
Council desires to abandon the proceedings to increase the proposed assessments within
Zone 4.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda,
DOES HEREBY RESOLVE as follows:
SECTION 1. Recitals. The above recitals are all true and correct and made an operative
part of this Resolution.
SECTION 2. Assessment Ballot Tabulation. The assessment ballots submitted, and
not withdrawn, pursuant to the Assessment Law in opposition to the proposed
assessments and weighted as required by the Assessment Law exceed the assessment
ballots submitted, and not withdrawn, in favor of the proposed assessments and similarly
weighted and it is therefore determined pursuant to Assessment Law that a majority
protest does exist.
SECTION 3. Abandonment of Proceedings. As a result of the existence of a majority
protest to the levy of increased assessments within Zone 4 that prohibits this City Council
from levying assessments at an increased rate therein as proposed, this City Council
hereby orders that all proceedings to increase the assessments as proposed be
abandoned.
SECTION 4. Island City Landscaping and Lighting Maintenance District No. 84 -2,
Zone 4. As a result of the existence of the majority protest and the abandonment of the
proceedings to increase assessments, the Zone existing assessments shall remain in full
force and effect and the City may continue to levy assessments within the Zones as
authorized pursuant to the Assessment Law.
SECTION 5. Effective Date. This Resolution shall take effect immediately upon its
adoption.
Exhibit A
Certificate of Tabulation Official and
Statement of Assessment Ballots Submitted
STATE OF CALIFORNIA )
COUNTY OF ALAMEDA ) ss.
CITY OF ALAMEDA )
The undersigned, the duly authorized tabulation official appointed by the City Council of
the City of Alameda, DOES HEREBY CERTIFY that pursuant to the provisions of Article
XIIID of the Constitution of the State of California and the Proposition 218 Omnibus
Implementation Act (Government Code Section 53750 and following), I did tabulate the
assessment ballots timely submitted, and not withdrawn, in the assessment ballot
proceedings pertaining to the Island City Landscaping and Lighting Maintenance District
No. 84 -2, Zone 4 (Park Street).
I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the
assessment ballots submitted, and not withdrawn, in favor of the proposed assessment
and the assessment ballots submitted, and not withdrawn, in opposition to the proposed
assessment, each total weighted according to the financial obligation of the affected
properties for which the assessment ballots were submitted.
Total assessment ballots distributed
207
Total assessment ballots submitted and not withdrawn
67
Assessment ballots submitted, and not withdrawn, in
favor of the proposed assessment
15
Weighted value of assessment ballots submitted, and not
withdrawn, in favor of the proposed assessment
$6,839.47
Assessment ballots submitted, and not withdrawn, in
opposition to the proposed assessment
52
Weighted value of assessment ballots submitted, and not
withdrawn, in opposition to the proposed assessment
$19,402.13
This certification is executed this 8th day of July, 2015 in Alameda, California.
By: Lara Weisiger
Title: City Clerk, City of Alameda
1, 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 7th day of July, 2015, by the following vote to wit:
AYES: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie and
Mayor Spencer — 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 8th day of July, 2015.
/A�L�
Lara Weisiger, City ,I rk
City of Alameda
Jane W. Kern, City Attorney
City of Alameda