Resolution 14956^
RESOLUTION NO. 14956
CONFIRMING THE BALLOT RESULTS AND PROVIDING FOR NO
MAJORITY PROTEST AND THE LEVY OF AN ANNUAL
ASSESSMENT FOR ISLAND CITY LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT NO. 84-2 ZONE 8 (WEBSTER STREET)
WHEREAS, the City of Alameda (the "City") has duly created the Island City Landscaping
and Lighting District 84-2 (the 'District"). Zones 2 and 3 (the " Zones") under the Alameda
Maintenance Procedure Code (Chapter |||. /\rtioha \i 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 "|nnprowemnenta"\;and,
WHEREAS. the City re-designated the Zones oo"Island City Landscaping and Lighting
District 84-2' Zone D r ^(heneefter. referred tooa the "Zone 8"); and.
WHEREAS. on May 20. 2014 by Resolution No. 14922. the City Council initiated
proceedings to increase the assessments within the proposed Zone 8 to pay for the increased costs
of maintenance and servicing of certain improvements pursuant to terms and provisions of the 1972
Act, Article X111 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 1872Act and Article X|||D. the "Assessment
Law"); and
WHEREAS, the City Council did order and subsequently receive an Assessment Engineer's
Report referred 1oma the "EnQinee/oReport" prepared hvNBGin accordance with the
Assessment Law; and,
WHEREAS, the Engineer's Report has been made a part of the record ofthese proceedings
and is on file in the office of the City Clerk of the City (the "City Clerk"); and,
WHEREAS, onMay 20,2014 by Resolution No. 14923.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 the proposed Zone 8 and (b) ordered that the record owner uf each parcel proposed tobe
assessed have the right to submit an assessment ballot in favor of or in opposition to the
assessment proposed hnbe 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
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, this City Council is now satisfied with the assessments and all matters
contained in the Engineer's Report as submitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda, DOES
HEREBY RESOLVE as follows:
The above recitals are all true and correct and by this reference made an operative
part hereof.
2. The City Council hereby finds and determines that the procedures for the
consideration of the formation and the levy of annual assessments within Zone 8
have been undertaken in accordance with the Assessment Law.
3. The Engineer's Report, as now submitted, is hereby approved and such Report shall
stand as the report as required by the Assessment Law for all future proceedings for
this Assessment District.
4. Assessment ballots were mailed, as required by the Assessment Law, to the record
owners of all properties proposed to be assessed within Zone 8. The assessment
ballots that were completed and received by the City Clerk, prior to the close of the
Public Hearing, have been tabulated in accordance with the procedures established
under the Assessment Law and the results of such tabulation have been submitted
to this City Council.
5. This City Council hereby finds that the assessment ballots submitted, and not
withdrawn, in favor of the levy of assessments exceed the assessment ballots
submitted, and not withdrawn, in opposition to such levy as weighted by assessment
amount in accordance with the Assessment Law. Therefore, no majority protest to
the levy of the proposed assessments within Zone 8 has been found to exist.
6. The City Council hereby orders the increase in the assessments as set forth in the
Engineer's Report.
7. Based upon the Engineer's Report and the testimony and other evidence presented
at the Public Hearing, the City Council hereby makes the following determinations
regarding the assessments to be levied for Fiscal Year 2014/15.
a. The proportionate special benefit derived by each assessable parcel from the
maintenance and servicing of the improvements has been determined in
relationship to the entirety of the cost of such maintenance and service
expenses.
b. The assessments do not exceed the reasonable cost of the proportional
special benefits conferred on each parcel.
C. Only special benefits have been assessed, and the general benefits have
been separated from the special benefits.
d. All publically owned parcels within the District that derive special benefits
from the maintenance and servicing of the improvements have been
assessed for such special benefits.
8. The assessments for Zone 8 contained in the Engineer's Report for Fiscal Year
2014/15 are hereby confirmed and levied upon the respective lots or parcels within
Zone 8 as set forth in said Engineer's Report. Subsequent annual assessments, in
amounts not to exceed an established maximum annual assessment may be
confirmed and levied without further assessment ballot proceedings pursuant to the
Assessment Law. Each fiscal year, beginning Fiscal Year 2015/16, the maximum
amount of each assessment may be increased by the formula contained in the
Engineer's Report without further compliance with the assessment ballot procedures
required under the Assessment Law.
9. The public interest and convenience requires and this legislative body does hereby
order the maintenance work to be made and performed as set forth in the Engineer's
Report.
10. The diagram and assessments shall be filed in the Office of the City Clerk. Said
diagram and assessments, and the certified copy thereof, shall be open for public
inspection.
11. The City Clerk is hereby ordered and directed to immediately file by no later than the
third Monday in August 2014 a certified copy of the diagram and assessment with
the County Auditor.
12. After the filing of the diagram and assessment, the County Auditor shall enter onto
the County assessment roll opposite each lot or parcel of land, the amount assessed
thereon as shown in the assessment.
13. The assessments shall be collected at the same time and in the same manner as
County secured taxes are collected and all laws providing for the collection and
enforcement of County taxes shall apply to the collection of the assessments.
14. The assessments as above confirmed and levied for these proceedings will provide
revenue to finance the maintenance of authorized improvements in the fiscal year
commencing July 1, 2014, and ending June 30, 2015.
15. 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.
• s it 5
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 8 (Webster 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
70
Total assessment ballots submitted and not withdrawn
24
Assessment ballots submitted, and not withdrawn, in favor of the
proposed assessment
0
Weighted value of assessment ballots submitted, and not
$12,343.87 / 65.31%
withdrawn, in favor of the proposed assessment
Assessment ballots submitted, and not withdrawn, in opposition to
the proposed assessment
0
Weighted value of assessment ballots submitted, and not with
$6,556.80 / 34.69%
drawn, in opposition to the proposed assessment
This certification is executed this 15th day of July, 2014 in Alameda, California.
Lara WeisiWr
Title: City Clerk
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
15th day of July, 2014, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Tam and Mayor Gilmore — 3.
NOES: None.
ABSENT: Councilmembers Chen and Daysog - 2.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
16th day of July, 2014.
Sara Weisiger, Cit Jerk
City of Alameda