Resolution 16067CITY OF ALAMEDA RESOLUTION NO. 16067
ORDERING THAT NO ASSESSMENT BE LEVIED FOR FISCAL YEAR
2023-24 IN CONNECTION WITH ZONE 7 OF THE ISLAND CITY
LANDSCAPING AND LIGHTING DISTRICT 84-2
WHEREAS, the City's Island City Landscaping & Lighting District 84-2 (the
"District") is organized and exists pursuant to the Landscaping and Lighting Act of 1972,
(Streets and Highways Code §§ 22500) (the "Act"); and
WHEREAS, the purpose of the District is to fund costs associated with certain
landscaping and lighting improvements; and
WHEREAS, the District is divided into six zones (collectively the "Zones" and each
a "Zone"), each of which has its own set of improvements and its own assessment rate;
and
WHEREAS, the City separately accounts for the finances of each of the Zones;
and
WHEREAS on February 21, 2023, by its Resolution No. 16030, this Council
appointed the City Engineer to serve as Engineer -of -Work of the District for Fiscal Year
2023-24; and
WHEREAS, on May 2, 2023, by its Resolution No. 16043 (the "Resolution of
Intention"), this Council preliminarily approved a report of the Engineer -of -Work entitled
"Fiscal Year 2023-24 Engineer's Report For: Island City Landscaping and Lighting
Assessment District No. 84-2, April 2023" (the "Report"), which is on file in the Office of
the City Clerk, available for public inspection, and incorporated herein by reference; and
WHEREAS, the Resolution of Intention declared the intention of the City Council
to levy assessments for Fiscal Year 2023-24 against real property in the District as
described in the Report; and
WHEREAS, the Resolution of Intention set June 20, 2023, at 7:00 RM., in the third
floor City Council Chambers of the Alameda City Hall located at 2263 Santa Clara
Avenue, Alameda, California, as the time and place for a public hearing on the levy of the
proposed assessments (the "Hearing"); and
WHEREAS, notice of the Hearing was given as required by law; and
WHEREAS, at the appointed time and place the City Council held the Hearing and
all interested persons were afforded the opportunity to hear and be heard; and
WHEREAS, the City Council has considered all oral and written statements and
protests made or filed in connection with the hearing by any interested person; and
WHEREAS, the City Council has determined that there are sufficient funds
remaining from past assessments levied in connection with Zone 7 of the District to fund
any work required in Fiscal Year 2023-24 in connection with that Zone; and
WHEREAS, the City Council desires to levy no assessment for Fiscal Year 2023-
24 in connection with Zone 7 of the District.
NOW, THEREFORE, IT IS RESOLVED, that:
1. No assessment will be levied for Fiscal Year 2023-24 in connection with
Zone 7 of the District.
2. Nothing in this Resolution is intended to prevent the City from using the
existing funds of Zone 7 to fund work in connection with Zone 7 that has been preliminarily
or finally approved by prior action of this Council, and to that extent the preliminary
approval of the Report with respect to Zone 7 (except to the extent it provides for an
assessment to be levied for Fiscal Year 2023-24 in connection with the Zone) is hereby
made final.
3. Nothing in this Resolution is intended to affect any Zone of the District other
than Zone 7.
4. Nothing in this Resolution shall be interpreted as an abandonment by the
City of its right to continue to levy the assessment in future years without need to follow
the procedures applicable to new or increased assessments.
5. If any provision of this Resolution or the application of any such provision is
held invalid, such invalidity shall not affect other provisions or applications of this
Resolution that can be given effect without the invalid provision or application, and to this
end the provisions of this Resolution are severable and that the City Council declares that
it would have adopted this Resolution irrespective of the invalidity of any particular portion
of this Resolution.
6. This Resolution shall be effective immediately upon adoption.
7. The City Clerk shall certify to the adoption of this Resolution, and shall
maintain on file as a public record this Resolution.
1, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the City Council of the City of Alameda in a regular
meeting assembled on the 20th day of June, 2023 by the following vote to wit:
AYES: Councilmembers Daysog, Herrera Spencer, Jensen, Vella
and Mayor Ezzy Ashcraft — 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 21st day of June, 2023.
t -41\z -o.
Lara , Weisi erCit Cle.
9 Y
City of Alameda
APPROVED AS TO FORM:
Yibin S - n, ' ity Attorney
City of l meda