APPROVED AS TO FORM AND LEGALITY
2023 APR 21 Pf! 3: 05
CITY ATTORNEY'S OFFICE
OAKLAND CITY COUNCIL
0 89735 RES LUTION NO. C.M.S.
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RESOLUTION 1) APPROVING THE CITY OF OAKLAND
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT FISCAL
YEAR 2023-2024 PRELIMINARY ENGINEER'S REPORT; 2)
DECLARING THE INTENTION TO LEVY AND COLLECT THE
ANNUAL LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT
ASSESSMENT FOR FY 2023-2024; AND 3) SETTING JUNE 6, 2023 AT 4:00 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 Lightin g Assessment District ('·LLAD " or the " District'") on June 23 , 1989 ; and
WHEREAS, pursuant to the Ca lifornia Streets and Highway Code Sect ions 22500, et seq., the City has renewed the District each subsequent year; and WHEREAS, annually , the City Administrator tiles with the City Clerk report s for the co ntinuation of the District and levy of the assessments in order to raise revenues for the installation , maintenance , and servicing of public land sca ping and lightin g; and WHEREAS. on May 2, 2023 , the City Co uncil adopted a resolution initiating the Fiscal Year (FY) 2023-2 024 LLA D assessment proce ss and authorizing the City Administrator to order the Preliminary Engin eer's Report ; and
WHEREAS, the Preliminary Eng ineer ' s Report for the District , attached as Attachment A to the City Administrator 's Report acco mpan ying this reso lution , includes a full and detailed desc ription of the impro veme nts, the bound aries of the assessme nt district. and the proposed assessments , and confirms the applicability of the ex istin g assessment rates for fi sca l yea r FY 2023-2024; and
WHEREAS , as described in Sec tion n, Part C of the Preliminary Engineer"s Report , the boundaries of the District coinc ide w ith the boundaries of the City of Oakland and enco mpass al I parcels of land within the C ity ; and
WHEREAS , the improvements are described in Sect ion II Part A of the Preliminar y Engine er's Report ; and
WHEREAS, the City desires to levy and collect the FY 2023-2024 LLAD assessment for properiies within the District boundaries; now, therefore , be it RESOLVED: That the City Council hereby approves the FY 2023-2024 Preliminary Engineer's Report for the District, on file with the City Clerk's Office and attached as Attachment A to the City Administrator's Report accompanying this resolution , which describes the existing and proposed improvements and any substantial 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 2022-23 Engineer's Report confirmed by the City Council pursuant to Resolution No. 89194 C.M.S. on May 17, 2022; 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 2023-2024; and be it
FURTHER RESOLVED: That the assessment rates will remain the same as the FY 2022- 23 assessment rates; and be it
FURTHER RESOLVED: That all the area of land to be assessed is in the C ity of Oakland, Alameda County; and be it
FURTHER RESOLVED: That a public hearin g is set for June 6, 2023 at 4:00 p.m., or as soo n thereafter as the item may be heard , in the City Council Chambers , Oakland City Hall, One Frank H. Ogawa Plaza , Oakland , California or by teleconference as indicated on the C ity Co uncil meetin g agenda. in order for the City Council to hear and pass upon sa id reports. together with all objections and protests by prop erty owners to be assessed , and take final action regarding the levying of the propo sed FY 2023-2024 assessments for the District; and be it FURTHER RESOLVED: That , pursuant to California Stree ts and Highways Code, Sections 225 00. et seq., the City Administrator is directed to publi sh a notice of the public hear ing no later than ten days prior to the date of the public hearing.
IN COUNC IL. OAKLAND, CALIFORNIA. MAY 1 6 2023
PASSED BY THE FOLLOWfNG VOTE:
A YES - FIFE, GALLO. JENKINS , KALB. KAPLAN. RAMACHANDRAN, REID, AND PRESIDENT FORTUNATO BAS -~
NOES - y
ABSENT -j?J'
ABSTENT IO N ~
3258 102v2/ARM 2
City Clerk and Cle k of the Counci I of the
City of Oakland. California