Resolution 15177CITY OF ALAMEDA RESOLUTION NO. 15177
APPROVING THE ENGINEER'S REPORT, CONFIRMING
DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF
ASSESSMENTS, ISLAND CITY LANDSCAPING AND LIGHTING
DISTRICT 84-2, ALL ZONES
WHEREAS, by its Resolution No. 15006, a resolution directing preparation
of an Annual Report for Island City Landscaping and Lighting District (LLAD) 84-2,
this Council designated the City Engineer as Engineer of Work and directed said
Engineer of Work to make and file a report in writing in accordance with and
pursuant to the Landscaping and Lighting Act of 1972; and
WHEREAS, the report was duly made and filed with the City Clerk and duly
considered by this Council and found to be sufficient in every particular, whereupon
it was determined that the report should stand as the Engineer's Report for all
subsequent proceedings under and pursuant to the aforesaid resolution, and that
Tuesday, June 21, 2016, at the hour of 7:00 p.m., in the regular meeting place of
this Council, Council Chambers, Alameda City Hall, 2263 Santa Clara Avenue,
Alameda, California, was appointed as the time and place for a hearing by this
Council on the question of the levy of the proposed assessment, notice of which
hearing was duly and regularly published; and
WHEREAS, at the appointed time and place the hearing was duly and
regularly held, and all persons interested, desiring to be heard, were given an
opportunity to be heard, and all matters and things pertaining to the levy were fully
heard and considered by this Council, and all oral statements and all written protests
or communications were duly heard, considered, and overruled, and this Council
thereby acquired jurisdiction to order the levy, confirm the diagram and assessment
prepared by and made a part of the Engineer's Report and to pay the costs and
expenses thereof.
NOW, THEREFORE, IT IS RESOLVED, that:
1. No vote of the property owners is required because proposed
increases are allowed based on previous approval of the property owners owning
more than fifty percent of the area of assessable lands within the District.
2. The public interest, convenience, and necessity require that the levy
be made.
3. The District benefited by the improvements is to be assessed to pay
the costs and expenses thereof, and the exterior boundaries thereof are as shown
by a map thereof filed in the office of the City Clerk, which map is made a part hereof
by this reference.
4. The Engineer's Report as a whole and each part thereof is hereby
confirmed to wit:
(a) the Engineer of Work's estimate of the itemized and total costs
and expenses of maintaining the improvements and of the incidental expenses in
connection therewith;
(b) the diagram showing the District, plans, and specifications for
the improvements to be maintained and the boundaries and dimensions of the
respective lots and parcels of land within the District; and
(c) the assessment of the total amount of the cost and expenses
of the proposed maintenance of the improvements upon the several lots and parcels
of land in the District in proportion to the estimated benefits to be received by such
lots and parcels, respectively, from the maintenance, and of the expenses incidental
thereto.
5. Final adoption and approval of the Engineer's Report as a whole, and
of the plans and specifications, the estimate of the costs and expenses, and the
diagram and the assessment as contained in the report, as hereinabove determined
and ordered, shall refer and apply to the report, or any portion thereof, as amended,
modified, or revised or corrected by, or pursuant to and in accordance with, any
resolution or order, if any, heretofore duly adopted or made by this Council.
6. The assessment to pay the costs and expenses of the maintenance
of the improvements is hereby levied. For further particulars pursuant to the
provisions of the Landscaping and Lighting Act of 1972, reference is hereby made
to the Resolution directing preparation of Annual Report.
7. Based on the oral and documentary evidence, including the
Engineer's Report, offered and received at the June 21, 2016 hearing, this Council
expressly finds and determines (a) that each of the several lots and parcels of land
will be specially benefited by the maintenance of the improvements at least in the
amount, if not more than the amount, of the assessment apportioned against the
lots and parcels of land, respectively, and (b) that there is substantial evidence to
support, and the weight of the evidence preponderates in favor of the aforesaid
findings and determination as to special benefits.
8. Immediately upon the adoption of this resolution, but in no event later
than the third Monday in August following such adoption, the City Clerk shall file a
certified copy of the diagram and assessment, and a certified copy of this resolution,
with the Auditor of the County of Alameda. Upon such filing, the County Auditor
shall enter on the County assessment roll opposite each lot or parcel of land the
amount of assessment. The assessments shall be collected at the same time and
in the same manner as County taxes are collected, and all laws providing for the
collection and enforcement of County taxes shall apply to the collection and
enforcement of the assessments. After collection by the County of Alameda, the
net amount of the assessments, after deduction of any compensation due the
County for collection, shall be paid to the Finance Division of this City.
9. Upon receipt of moneys representing assessments collected by the
County, the Finance Division of this City of Alameda shall deposit said moneys in
the City Treasury to the credit of an improvement fund, which improvement fund the
Finance Division of this City is hereby directed to establish under the distinctive
designation of the District. Moneys in the improvement fund shall be expended upon
the maintenance of the improvements.
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 21 st day of June by the following vote to wit:
AYES: Councilmembers Daysog, Ezzy Ashcraft and Mayor
Spencer — 3.
NOES: None.
ABSENT: Councilmember Daysog and Vice Mayor Matarrese — 2.
ABSENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 22nd day of June.
Lara Weisiger, City le k
City of Alameda
APPROVED AS TO FORM:
Janet Ke , City Attorney
City of Alameda