APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION:
1) APPROVING THE CITY OF OAKLAND LANDSCAPING AND
LIGHTING ASSESSMENT DISTRICT FISCAL YEAR 2022-2023
PRELIMINARY ENGINEER’S REPORT; AND
2) DECLARING THE INTENTION TO LEVY AND COLLECT THE
ANNUAL LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT
ASSESSMENT FOR FY 2022-2023; AND
3) SETTING MAY 17, 2022 AT 1:30 P.M. AS THE DATE AND TIME FOR
A PUBLIC HEARING
WHEREAS, pursuant to the California Streets and Highways Code, Sections 22500, et seq., known as the Landscaping and Lighting Act of 1972, the City of Oakland (City) established the Landscaping and Lighting Assessment District ( “LLAD” or the “District”) on June 23, 1989; and
WHEREAS, pursuant to the California Streets and Highway Code Sections 22500, et seq., the City has renewed the District each subsequent year; and
WHEREAS, annually, the City Administrator files with the City Clerk reports for the continuation of the District and l evy of the assessments in order to raise revenues for the installation, maintenance, and servicing of public landscaping and lighting; and
WHEREAS, Resolution No. 89079 adopted on March 15, 2022 initiated the Fiscal Year (FY) 2022-2023 LLAD assessment process and authorized the City Administrator to order the Preliminary Engineer’s Report; and
WHEREAS, the Preliminary Engineer’s Report for the District, attached as Attachment A to the City Administrator’s Report , includes a full and detail ed description of the improvements, the boundaries of the assessment district, and the proposed assessments, and confirms the applicability of the existing assessment rates for fiscal year FY 2022-2023; and
WHEREAS, as described in Section II, Part C of the Preliminary Engineer’s Report, the boundaries of the District coincide with the boundaries of the City of Oakland and encompass all parcels of land within the City; and
WHEREAS, the improvements are described in Section II Part A of the Preliminary Engineer’s Report; and
WHEREAS, the City desires to levy and collect the FY 2022-2023 LLAD assessment for properties within the District boundaries; now, therefore, be it
RESOLVED: That the City Council hereby approves the FY 2022-2023 Preliminary Engineer’s Report for the District, on file with the City Clerk’s Office and attached as Exhibit A to this resolution, which describes the existing and proposed improvements and any substan tial changes proposed to be made in existing improvements, for discussion purposes; and be it
FURTHER RESOLVED: That the existing boundaries of the LLAD remain the same as those described in the FY 2021-22 Engineer’s Report confirmed by the City Council pursuant to Resolution No. 88650 C.M.S. on May 18, 2021; and be it
FURTHER RESOLVED: That the City Council hereby declares its intention to levy and collect assessments within the City of Oakland Landscaping and Lighting Assessment District for FY 2022-2023; and be it
FURTHER RESOLVED: That the assessment rates will remain the same as the FY 2021- 22 assessment rates; and be it
FURTHER RESOLVED: That all the area of land to be assessed is in the City of Oakland, Alameda County; and be it
FURTHER RESOLVED: That a public hearing is set for May 17, 2022 at 1:30 p.m., or as soon thereafter as the item may be heard, in the City Cou ncil Chambers, Oakland City Hall, One Frank H. Ogawa Plaza, Oakland, California or by teleconference as indicated on the City Council meeting agenda, in order for the City Council to hear and pass upon said reports, together with all objections and protests by property owners to be assessed, and take final action regarding the levying of the proposed FY 2022-2023 assessments for the District; and be it
FURTHER RESOLVED: That, pursuant to California Streets and Highways Code, Sections 22500, et seq., the City Administrator is directed to publish a notice of the public hearing no later than ten days prior to the date of the public hearing.
3165231v2
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California