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Home My WebLink About6001 RESOLUTION NO. 6001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ACCEPTING A REPORT REGARDING AND SETTING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF A FIRE SUPPRESSION DISTRICT AND THE LEVY OF A FIRE SUPPRESSION ASSESSMENT WHEREAS, the provisions of Article 3.6 of Chapter 1, Part 1, Division 1 of Title 5 of the Government Code of the State of California (commencing at Section 50078) (the "Fire Suppression Assessment Law") establish procedures pursuant to which the City Council of the City of Arcadia (the "City") may consider the levy of assessments for fire suppression services ("Fire Suppression Assessment"); and WHEREAS, such a Fire Suppression Assessment may be levied for the purpose of obtaining, furnishing, operating and maintaining fire suppression equipment or apparatus or for the purpose of paying the salaries and benefits of firefighting personnel, or both; and WHEREAS, Article XIIID of the Constitution of the State of California ("Article XIIID"), enacted by the approval by the voters of the State of California of Proposition 218 on November 5, 1997, establishes certain procedural and substantive requirements applicable to the imposition of assessments including Fire Suppression Assessments in addition to the procedures and requirements set forth in the Fire Suppression Assessment Law; WHEREAS, the City Council desires to initiate proceedings pursuant to the Fire Suppression Assessment Law and Article XIIID to consider the levy of such a Fire Suppression Assessment within the boundaries of the City; and WHEREAS, the City Council did previously order the preparation by Willdan Associates, as assessment engineer, of a report (the "Fire Suppression Assessment Report") as required pursuant to the provisions of Government Code Section 50078.4 and Section 4(b) of Article XIIID to enable the City Council to consider the levy of a Fire Suppression Assessment; and WHEREAS, there has been filed with the City Clerk a Fire Suppression Assessment Report which report contains the following: A. a description of each lot or parcel of property proposed to be subject to the Fire Suppression Assessment which shall include all parcels within the boundaries of the City (for purposes of these proceedings the area which is proposed to be subject to the Fire Suppression Assessment may be referred to as "City of Arcadia Fire Suppression Assessment District" and may be referred to in this Resolution as the" Assessment District"); B. an estimate of the costs of the fire suppression services proposed to be funded from the levy of the Fire Suppression Assessment; C. a description of the methodology for the apportionment of the Fire Suppression Assessments based upon the special benefit received by the parcels assessed for the fire suppression services; D. the amount of the Fire Suppression Assessment for each lot or parcel for the initial fiscal year; E. the methodology for determining the maximum amount of the proposed Fire Suppression Assessment which may be levied for each lot or parcel during any fiscal year; and F. the duration of ~he proposed Fire Suppression Assessment; and WHEREAS, the City Council desires to receive the Fire Suppression Assessment Report and to set the date, time and place of a public meeting and a public hearing as required by the Fire Suppression 2 6001 Assessment Law and Article XIIID to consider the Fire Suppression Assessment Report and the proposed levy of the Fire Suppression Assessment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CAI,JFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are true and correct. SECTION 2. Fire Suppression Assessment Report. The City Council acknowledges the filing of and hereby receives the Fire Suppression Assessment Report. SECTION 3. Setting of Public Meeting and Public Hearing. The City Council shall hold a public meeting and a public hearing on the Fire Suppression Assessment Report and the proposed Fire Suppression Assessment in the City Council Chambers of the City of Arcadia located at 240 West Huntington Drive, Arcadia, California on the following dates and at the following times: PUBLIC MEETING: PUBLIC HEARING: TUESDAY, JULY 15,1997 TUESDAY, AUGUST 5,1997 PUBLIC TESTIMONY 7:00PM 7:00PM At the time and place of the public meeting and the public hearing, any interested person may appear and be heard. The City Council shall hear and consider all objections and protests, if any, to the Fire Suppression Assessment Report and the proposed Fire Suppression Assessment. BALLOT PROTEST PROCEDURE Ballots will be mailed to the record owner of each parcel located within the Fire Suppression District and subject to a proposed Fire Suppression Assessment. Each such owner may complete such ballot and thereby indicate their support for or opposition to the proposed Fire Suppression Assessment. All such ballots 3 6001 must be received by the City Clerk at the following address prior to the close of the public testimony portion of the public hearing: City Clerk City of Arcadia 240 West Huntington Drive Arcadia, California 91066-6021 A ballot postmarked prior to such date but not received prior to the close of the public testimony portion of the public hearing will not be tabulated. At the conclusion ofthe public hearing, the City Council shall cause the ballots timely received to be tabulated. If a majority protest is detennined to exist, the City Council shall not levy the proposed Fire Suppression Assessment within the Fire Suppression District. A majority protest will exist if, upon the tabulation of the ballots, it is determined that ballots submitted in opposition to the proposed Fire Suppression Assessment exceed the ballots submitted in favor of such assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected parcels. ALTERNATE~TTENPROTESTPROCEDURE As an alternate and separate procedure, at any time not later than the time set forth above for the public hearing, any holder, whether a fee owner, lessee, or otherwise, of the interest in any property proposed to be assessed and who will be obligated to pay any proposed Fire Suppression Assessment, may make a separate written protest against such proposed assessment. Any such protest shall be in writing, shall be filed , with the City Clerk at the address specified above, shall contain a description of the property and the interest in the property which each ,signer of the protest represents, sufficient to identifY the property. If the signers of the protest are not shown on the latest equalized assessment roll as the owners of such property, the 4 6001 protest must contain or be accompanied by written evidence that the signers are the holders of the property interest proposed to be charged and who will be obligated to pay the proposed assessment. Any such separate written protest may be withdrawn, in writing, by the person who made the protest at any time prior to the conclusion of the public hearing or any adjoumment of the public hearing. If the City Council finds that separate written protests are made by holders of property interests proposed to be assessed and who will be obligated to pay the proposed Fire Suppression Assessment representing more than 10% but less than 50% of the total amount of expected revenue from the Fire Suppression Assessment, and protests are not withdrawn so as to reduce the percentage of protest to less than 10"10, the proposed Fire Suppression Assessment shall either be submitted to approval by a majority of voters of the Fire Suppression District voting on the proposition or be abandoned. If the value of the protest equals 50% or more of the total amount of expected revenue from the assessment, and protests are not withdrawn so as to reduce the percentage of protest to less than 50%, the proposed Fire Suppression Assessment shall be abandoned. SECTION 4. Notice of Public Meeting and Public Hearing. The City Clerk is hereby directed to cause notice of the filing of the Fire Suppression Assessment Report and the times, dates and place of the public meeting and the public hearing thereon to be given pursuant to the provisions of the Fire Suppression Assessment Law and Article XIIID. Such notice shall be accompanied by the ballots required pursuant to Article XIIID and an information sheet pertaining to the proposed Fire Suppression Assessment substantially in the form of the information sheet previously approved by the City Council, a copy of which is on file in the office of the City Clerk. 5 6001 Passed, approved and adopted this 17th day of .Tune , 1997. -R~~~ Mayor of the City of Arcadia ATTEST: APPROVED AS TO FORM: 2!1~ 11/llJ&- 6 6001 STATE OF CALIFORN,IA ) COUNTY OF LOS ANGELES ) SS CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 6001 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 17th day of June, 1997 and that said Resolution was adopted by the following vote, to wit: A1nES: Councilmember Chang, Kovacic, Kuhn, Young. and Harbicht NOES: None ABSENT: None 7 6001