Resolution 14578CITY OF ALAMEDA RESOLUTION NO. 14578
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 14181, 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, 2011, at the hour of 7 00 o'clock 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 whit:
(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, 2011 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.
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 21st day of June, 2011 by the following vote to
wit:
AYES: Councilmembers Banta, deHaan, Johnson, Tam and
Mayor Gilmore — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the
official seal of said City this 22nd day of June, 2011 .
Lara Weisiger, City Cl
City of Alameda