Resolution 15405CITY OF ALAMEDA RESOLUTION NO. 15405
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., 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, Streets and Highways Code §§ 22500 (the "Code"); 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 19,
2018, 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. The proposed assessment upon any parcel is not being increased
according to the Proposition 218 Omnibus Implementation Act, Government Code §§
53739, § 53750(h).
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: 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;
(a) 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
(b) The assessment of the total amount of the cost and expenses of the
proposed maintenance of the improvements upon the several lots or 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; and
(c) The annual assessment amounts for collection in installments per
Streets and Highways Code §§ 22660. The description of the improvements, the annual
amount of collection for the 2017/18 fiscal year and the capital financing plan and budget.
The Zone amounts are summarized below.
(i) Zone 5 collection $39,905.00
(ii) Zone 7 collection $3,900.00
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 19, 2018 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 the
City of Alameda.
9. Upon receipt of moneys representing assessments collected by the County,
the Finance Division of the 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 the
City of Alameda has established under the distinctive designation of the District. Moneys
in the improvement fund shall be expended upon the maintenance of the improvements.
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 l 9th day of June, 2018 by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Oddie, Vella and Mayor
Spencer — 4.
NOES: None.
ABSENT: Councilmember Matarrese - 1.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 20th day of June, 2018.
Lara Weisiger, Cit�-C- Wrk
City of Alameda
APPROVED AS TO FORM:
Janet . Kern, City Attorney
City
Janet