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HomeMy WebLinkAbout6007 NO ACTION AUGUST 5, 1997 . . '::\ -, \ RESOLUTION NO. 6007 ~;- A RESOLUTION OF TIIE CITY COUNCIL OF TIIE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING A FIRE SUPPRESSION ASSESSMENT TO FINANCE FIRE SUPPRESSION SERVICES WHEREAS, the provisions of Article 3.6 of Chapter I, Part I, D' 'ision I of Title 5 of the Government Code of the State ofCalifomia (commencing at S tion 50078) (the "Fire Suppression Assessment Law") provides that the City Counci of the City of Arcadia (the . "City") may, by ordinance or resolution after notice an earing, determine and levy an assessment for fire suppression services (the "Fire Su ressiim Assessment") pursuant to the Fire Suppression Assessment Law; and l~ f' . ! .~ WHEREAS, such an assessment ay be made for the following purposes: (a) t" obtaining, furnishing operating and m' taining fire suppression equipment or apparatus, (b) L r paying the salaries and benefits 0 efighting personnel or (c) both; and I: ,. . ': WHEREAS, the Citx ouncil aid previoUsly order the preparation of a report as required pursuant to the rovisions ofGovemment Code Section 50078.4 and Section 4(b) ; , ; I of Article XIlID of e Constitution of the State ofCaIifomia ("Article XIlID") to enable the consider the levy of an assessment for fire suppression services; and j I; . i I~ I If i I t 1 ~'7 /, I . ~ ~ \ WHEREAS, there was filed with the City Council a detailed report prepared by William Stookey; P.E., an engineer re~stered pursuant to the Professional Engineer~ Act ;'.. (Business and Professions Code Section 6700 and following of Willdan Associates (the "Assessment Engineer"), in accordance with such provisions of the Fire Suppression Assessment Law and Article XIIID (the "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 of Arcadia (for purposes of these proceedings the area which is proposed to be subject to the Fire Suppression Assessment is referred to as "City of Arcadia Fire Suppression District" and i may be referred to in this Resolution as the "Assessment District"); f '. , , , , B. an estimate of the costs of the fire suppression services proposed to be funded from the levy of the Fire Suppression Assessment; C. .. '; , '. ., J:= .< ! D. . , , ,. f . ., , ,~- ,'. J! i:-. ., /. " ;' j i: a description of the methodology for the apportionment of the Fire Suppression Assessment based upon the special benefit received by the parcels assessed for the fire suppression services; the amount of the Fire Suppression Assessment for each lot or parcel for the initial fiscal year. 2 E. the methodology for determining the maximum amount of the proposed Fire ,- ,. i. I'. ; Suppression AssessmenCwhich may be levied for each lot or parcel durIDg any fiscal year; and F. the duration of the proposed Fire Suppression Benefit Assessment; and WHEREAS, the City Council did receive the Fire Suppressi'on Assessment Report and set the ditte, time and place of a public meeting and a public hearing as required by the Fire 'Suppression Assessment Law, Article XIIID and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") to consider the Fire Suppression Assessment Report and the proposed levy of an assessment for fire suppression services; and [. ; ; f WHEREAS, notices of said public meeting and public hearing, accompanied by assessment ballots to allow the record owners of property proposed to be assessed to indicate their support for or opposition to the proposed assessment, were duly and regularly mailed in the time, form and manner required by the Fire Suppression Assessment Law, Article I , l: XIIID and the Implementation Act; and f . WHEREAS, the City Council did hold the public meeting and the public hearing at !. , the times and places specified in such notice and did consider all evidence and testimony I; pertaining to the Fire 'Suppression Assessment Report and to the levy of the fire suppression assessment; and , , I , , 3 ,. , t -, WHEREAS, the assessment ballots timely submitted and received by the City Clerk r.. in favor of or in opposition to the proposed Fire Suppression Assessment were weighed and I i .. tabulated in accordance with the requirements of Article XIllD and the implementation Act; and WHEREAS; the City Council desires to establish the Fire Suppression Assessment for fire suppression services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND.RESOL VB AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and correct. I ~ I l ,. , f. SECTION 2. Findings. This City Council hereby determines that: A. The notice of the public meeting and public hearing, accompanied by assessment ballots to allow the record owners of property proposed to be assessed to indicate their support for or opposition to the proposed Fire Suppression Assessment, was duly and , r. , I r regularly mailed in the time, form and-manner required by law; B. The public meeting was held on July 15, 1997 and the public hearing was held on August 5,1997 at which time all protests and other. evidence and testimony from all interested persons was heard and considered and a full public hearing was given and all , ballots submitted in support of or in opposition to the proposed Fire Suppression Assessment ~ ( were tabulated, all in the manner prciVided by law; 4 /. -'. C. Based upon the Fire Suppression Assessment Report and the findings and detenninations of the Assessment Engineer. 1. . The proportionate special benefit derived by each parcel proposed to be assessed has been detennined in relationship to the entirety of the costs of the fire suppression services to be funded from the proceeds of the proposed Fire Suppression Assessment; and 2. No assessment is proposed to be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel from the fire suppression services to be financed from the proceeds of the Fire Suppression Assessment; and 3. Only special benefits have been assessed; and 4. Parcels within the Assessment District that are owned or used by any agency, the State of California or the United States and which receive a special benefit from the fire suppression services have been asse'ssed I. r Ii ,. ( for such special benefit or if not assessed, the City of Arcadia shall make a Contribution to the Assessment District for such parcels equal to this y special benefit conferred upon such parcels; and i; r 5 , , f r . -': D. Of the ballots timely submitted and received, the ballots in support of the , ,. r." r ~:. . ~;, proposed Fire Suppression Assessment exceeded the ballots in opposition to the proposed Fire Suppression District; therefore, a majority protest does not exist under the provisions of r~. i I r Article XIIID and the Implementation Act. SECTION 3. Authorization. This Resolution and Fire' Suppression Assessment established herein is adopted pursuant to the provisions of the Fire Suppression Assessment '. r I <. , Law, Article XIIID and the Implementation Act. . SECTION 4. Purpose of Fire Suppression Assessment. The express purpose for which this fire suppression assessment is levied is to. establish a stable source of supplemental funds to obtain, furnish, operate and maintain fire suppression equipment and , i. . t , \ t f 1. apparatus, pay the salaries and benefits of fire fighting personnel, and administrative consultant costs for preparing and levying the Fire Suppression Assessment.. SECTION 5. Limitation of Expending Assessment Proceeds. Any funds collected ;. i.... I, , from the Fire Suppression Assessment authorized by this Resolution shall be deposited' into ~. . a sep.arate fund of the City entitled "Fire Suppression Assessment Fund; and shall be ....:... i~.' .. expended within the City only for the purposes described in Section 4 hereinabove. Any unexpended funds raised by the Fire Suppression Assessment remaining at the end of any . ~ . fis~ y~' shall be carried over to be, utilized for the same purposes in the next fiscal year. > \ r ~ . i- 6 ,. ~ ,. -, SECTION 6. Levy. The Fire Suppression Assessment contained in the Fire Suppression Assessment Report is hereby confirmed as filed and levied upon th'e real. property within the Assessment District the amounts and for the duration as set forth in the Fire Suppression Assessment Report hereto commencing in Fiscal Year 1997-1998 and for . a period not to exceed nineteen (19) years thereafter, unless terminated sooner by action of the Arcadia City Council. Except as otherwise known to the Fire Protection District, the records of the County Assessor of the County of Los Angeles shall be used to determine the location, size and classification of use of any parcel for the purpose of determining the applicable Fire Suppression Assessment. 1 . ; f. SECTION 7. Collection. The Fire Suppression Assessment shall be collected in the same manner, and subject to the same penalties as other fees, charges and taxes fixed and collected by, or on behalf ot: the Fire Protection District. SECTION 8. Appeals. Any-landowner who feels that the amount of the' Fire , J I' Suppression Assessment, land use classification, or size of such landowner's property has ~. been incorrectly calculated or determined may appeal such calculation or determination by I !: i: submitting a written appeal to the Office of the City Manager pursuant to the procedures set forth in the Fire Suppression Assessment Report. SECTION 9~ That this Resolution become effective upon its adoption. I' 7 I -.... ~ . I ; .~ SECTION 10. That the City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted This day of , 1997~ Mayor of the City of Arcadia ATIEST: t, l f i City Clerk of the City of Arcadia APPROVED AS TO FORM: i ~'f::f,lf~'!!:::-- c. ~, f .. , 1" i i ." " , ~. g