Hearings | City
Council Agendas & Summaries
July 20, 2004
Intention to Levy Assessments - Thousand
Oaks Heights Utility Undergrounding District No. 1
PRELIMINARILY APPROVING THE ENGINEER’S
REPORT; ESTABLISHING A PUBLIC HEARING TO BE HELD BEFORE COUNCIL AT ITS
JULY 20, 2004 COUNCIL MEETING; AND AUTHORIZING THE CITY CLERK TO MAIL
NOTICES AND BALLOTS TO ALL OWNERS OF PARCELS PROPOSED TO BE ASSESSED
WITHIN THE ASSESSMENT DISTRICT, AS SHOWN IN THE ENGINEER’S REPORT, A
MINIMUM OF 45 DAYS PRIOR TO THE PUBLIC HEARING
IT RESOLVED by the Council of the City of Berkeley as follows:
On March 23, 2004, this Council adopted its Resolution of
Intention to Make Improvements, (the “Resolution of
Intention”) under the Municipal Improvement Act of 1913,
Division 12 of the Streets and Highways Code of California, (the
“Act”) to initiate proceedings under the Act in and for the
City’s Thousand Oaks Heights Applicant Funded Utility
Undergrounding District No. 1 (the “Assessment District”).
The Resolution of Intention referred the improvements described
therein to the person designated therein as the Engineer of Work
and directed the Engineer of Work to prepare and file with the
City Clerk a report (the “Engineer’s Report”) pursuant to
the Act and containing information set forth in the Resolution of
Intention, to which reference is hereby made for further
Report Preliminarily Approved.
The Engineer of Work has prepared and filed the Engineer’s
Report with the City Clerk, and this Council with the aid of City
staff has reviewed the Engineer’s Report, and hereby finds it to
be sufficient for, and that it shall stand for purposes of
subsequent proceedings for the Assessment District and the
Engineer’s Report is hereby preliminarily approved.
Pursuant to the Act, this Board hereby orders that a public
hearing shall be held before this Board, in the meeting place
thereof the City Council Chambers, City of Berkeley, 2134 Martin
Luther King Jr. Way, Berkeley California on July 20, 2004 at the
hour of seven o’clock p.m. for the purposes of this Council’s
determination whether the public interest, convenience and
necessity require the improvements, whether the properties in the
Assessment District are specially benefited by the improvements,
the tabulation of special assessment ballots and the determination
of the existence of any majority protest and this Council’s
final action upon the Engineer’s Report and the assessments
therein. The public
hearing may be continued from time to time as determined by the
The City Clerk is hereby authorized and directed to cause notice
of the hearing ordered under Section 4 hereof to be given by
mailing, postage prepaid, in the United States mail, and such
notice shall be deemed to have been given when so deposited in
such mail. The
envelope or cover of the mailing shall include the name of the
City and the return address of the City Clerk as the sender.
The mailed notice shall be given to all owners of property
proposed to be assessed within the Assessment District as shown in
the Engineer’s Report by such mailing by name to those persons
whose names and addresses appear on the last equalized assessment
roll of the County of Alameda or the State Board of Equalization
assessment roll, as the case may be.
The amount of the proposed assessment for each parcel shall
be calculated and the record owner of each parcel shall be given
written notice by mail of the proposed assessment, the total
amount thereof chargeable to the entire Assessment District, the
amount chargeable to the owner’s particular parcel, the
anticipated duration of payments for the assessment, the reason
for such assessment and the basis upon which the amount of the
proposed assessment was calculated.
notice shall include, in a conspicuous place, a summary of the
procedures applicable to the completion, return and tabulation of
ballots, including a disclosure that the existence of a majority
protest (whereby ballots submitted in opposition exceed those
submitted in favor of the assessment, with ballots weighed
according to proportional financial obligation of the affected
property) will result in the assessment not being imposed.
The notice herein provided shall be mailed not less than
forty-five (45) days before the date of the public hearing ordered
under Section 4 hereof.
Each such mailed notice to owners shall contain a ballot which
includes the property owner’s name, identification of the parcel
and support or opposition to the proposed assessment.
Each assessment ballot shall be in a form that conceals its
contents once it is sealed by the person submitting such ballot.
To be valid, ballots must be in the form supplied by the
City and copies or replicas will not be accepted.
The City shall provide for replacement of defaced or
mismarked ballots upon application of the property owner.
Each ballot shall be signed and either mailed or delivered
to the address on the ballot or to the City Clerk at the site of
the public hearing indicated above.
shall remain sealed until the close of the public hearing and the
beginning of the tabulation, provided that ballots may be
submitted, or changed, or withdrawn by the person submitting the
ballot prior to the conclusion of the public hearing.
During and after tabulation, the ballots shall be
disclosable public records under Section 6252 of the California
Government Code. The
City hereby designates the City Clerk, City of Berkeley, as the
impartial person to tabulate the ballots.
The address of the City Clerk for the receipt of the mailed
ballots or ballots delivered other than to the site of the public
hearing shall be: City Clerk, City of Berkeley, 2180 Milvia
Street, Berkeley California 94704.
The proposed boundaries of the proposed Assessment District are
hereby described as shown on a map thereof on file in the office
of the City Clerk (the “Boundary Map”), which indicates by a
boundary line the extent of the territory to be included in the
proposed Assessment District and which Boundary Map shall govern
for all details for further purposes of the proceedings for the
Assessment District and to which reference is hereby made for
further particulars. The City Clerk is hereby authorized and directed to endorse
upon the original and at least one copy of the Boundary Map the
date of the filing thereof and date and adoption of this
resolution and to cause a copy of the Boundary Map to be filed
with the County Recorder of the County within 15 days of the
adoption of this resolution, but in no event later than 15 days
before the date of the public hearing ordered under Section 4
hereof. The County Recorder shall endorse upon the Boundary Map the
time and date of filing and shall fasten the same securely in a
book of maps of assessment and community facilities districts,
which the County Recorder shall keep in his or her office.
The County Recorder shall index the Boundary Map by the
name of the City and by the distinctive designation of the
proposed Assessment District.