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HomeMy WebLinkAbout6612RESOLUTION NO. 6612 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS INTENTION TO FORM THE SANTA ANITA OAKS LIGHTING DISTRICT; AND DECLARING ITS INTENTION TO CONDUCT A PROPERTY OWNER BALLOTING ON THE MATTER OF NEW ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2008/2009 WHEREAS, the City Council pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "1972 Act") by previous Resolution initiated proceedings for the formation of the "Santa Anita Oaks Lighting District" (hereafter referred to as "District), and to levy and collect annual assessments to pay for street lighting improvements and appurtenant facilities related thereto; and WHEREAS, the City Council desires to form the District and to lery and collect annual assessments against lots and parcels of land within the District to pay the costs and expenses related to the improvements provided within the District as authorized by the 1972 Act; and WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk a Report in connection with such proceedings for the proposed levy of assessments commencing with Fiscal Year 2008/2009 (July 1, 2008 and ending June 30, 2009) in accordance with Chapter 1, Article 4 (Sections 22565 through 22574) of the 1972 Act. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. INTENTION. The City Council hereby declares its intention to form the DisMct and proposes to levy and collect annual assessments against parcels of land within the District commencing with fiscal year 2008/2009. The territory included within the District is generally described in Section 2 of this Resolution and shall be designated as the "Santa Anita Oaks Lighting District". SECTION 2. TERRITORY. The territory of land within the proposed District is within the residential area known as Santa Anita Oaks of the City of Arcadia, the County of Los Angeles, State of California and is generally located south of Orange Grove Avenue, east of Baldwin Avenue and north of Foothill Boulevard. The District includes two hundred fourteen (214) parcels that comprise two hundred six (206) single-family residential lots located on Arbolada Drive, Cannelita Place, Gloria Road, Hacienda Drive, Hampton Road, Oak Meadow Road, Oaklawn Place, Oaklawn Road, z 6612 and San Carlos Road. These parcels are identified on all or a portion of Book 5796 Pages 17 through 25; and Book 5770 Pages 15, 16, 17 and 20 through 24; of the Los Angeles County Assessor's Parcel Maps. SECTION 3. IMPROVEMENTS. The improvements generally include, but are not limited to the materials, equipment, utilities, labor, contract services, financing and incidental expenses associated with the construction and installation of new street lighting and replacement of existing street light poles within the public right-of--ways on specific streets within the proposed District; as well as the ongoing maintenance, servicing and operation of street lighting improvements and appurtenant facilities that will provide special benefit to the properties within the District. Detailed maps and descriptions of the location and extent of the proposed improvements to be constructed, installed and maintained by the District are on file in the Office of Public Works Services Department of the City of Arcadia and by reference these plans and specifications are made part of this Resolution. SECTION 4. ASSESSMENTS AND FINANCIAL PROVISIONS. Based on the City's estimate of the cost of constructing the proposed street light improvements within the District ($550,000), upon successful formation 3 6612 construction of the improvements at an annual interest rate of five percent (5%), with the principal, interest and incidental expenses being repaid to the City through the collection of equal annual assessment installments over the first ten years of the District (Fiscal Year 2008/2009 through Fiscal Year 2017/2018). In addition to the annual installments (debt service payment), the proposed annual assessments shall include designated funding for the ongoing annual expenses to maintain, service and operate street lighting improvements (O&M payment) that provide special benefits to properties in the District. Collectively, the debt service payment and O&M payment for each parcel represent the annual assessment amount that shall be collected on the County tax rolls as a single assessment. These proposed assessments are outlined in the Engineer's Report and include a Maximum Assessment Rate, Assessment Range Formula, method of apportionment and proposed assessment for fiscal year 2008/2009, and the resulting calculated maximum assessments shall be submitted to the property owners of record within the proposed District for approval pursuant to the provisions of the California Constitution Article XIIID and applicable provisions California State law. The City Council finds that the public's best interest requires such action and levy of assessments. a 6612 SECTION 5. PUBLIC HEARING: The City Council hereby declares its intention to conduct a public hearing concerning the formation of the District and the levy of new or increased assessments for said District in accordance with Government Code, Section 53753 and California Constitution, Article XIIID, Section 4(e). Notice is hereby given that a public hearing on these matters will be held by the City Council on Tuesday, May 6, 2008 at 7:00 p.m., or as soon thereafter as feasible in the City Council Chambers, Arcadia City Hall, located at 240 West Huntington Drive, Arcadia, California. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard. Any interested person may also file a written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed such written protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and such protest by a property owner within the District shall contain a description sufficient to identify the property owned by such property owner. 5 6612 SECTION 6. CALL FOR ASSESMENT BALLOTING. The City Council hereby calls for a property owner protest balloting proceeding for the proposed 1972 Act assessments for the District in accordance with Government Code Section 53753 and pursuant to the California Constitution Article XIIID Section 4(e). SECTION 7. BALLOT PROCEEDINGS. A notice of the public hearing and ballot shall be distributed by first class mail to the property owners of record for each parcel within the District subject to a new or increased assessment not less than 45 days before the date of the public hearing, in accordance with the provisions of the California Constitution. Property owners being balloted for the new or increased assessment must return their ballots to the City Clerk prior to the conclusion of the public hearing, at which time all valid ballots returned shall be opened and tabulated to determine if a majority protest exits. Only those ballots issued by the City or on behalf of the City shall be considered as valid ballots. Each property owner may return the ballot by mail or in person to the City Clerk no later than the conclusion of the public hearing on Tuesday, May 6, 2008. Valid property owner protest ballots must be completed and received by the City Clerk prior to the conclusion of the public hearing for tabulation. At the 6 6612 conclusion of public hearing the City Clerk or their designee shall open and tabulate all valid ballots returned. 'The property owner protest ballot proceeding conducted for the District shall constitute the property owners' approval or rejection of the annual levy of assessments and assessment range formula and the ballots shall be weighted according to the proportional financial obligation of the affected properties to determine if a majority protest exists. A majority protest exists if the valid ballots submitted in opposition to the assessment exceed the valid ballots submitted in favor of the assessment. SECTION 8. MAILING OF PROPERTY OWNER NOTICE AND BALLOT. The City Council hereby authorizes and directs the City Clerk or his designee to prepare and mail notice of the public hearing and property owner protest ballots to the property owners of record regarding the proposed levy of the assessments and the assessment range formula as outlined in the Engineer's Report, in accordance with Government Code, Section 53753 and California Constitution, Article XIIID, Section 4(e) XIIID. 6612 SECTIN 9. The City Clerk shall certify to the adoption of this Resolution. Passed approved and adopted this 4th day of Marsh , 2008. /. Mayor of the City f Arcadia ATTEST: -- City Clerk of the City of Arcadia APPROVED AS TO FORM: T City Attorney s 6612 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6612 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 4th day of March, 2008 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Chandler, Harbicht, Wuo and Segal NOES: None ABSENT: None G•---~ T~ rty Clerk of the City of Arcadia 9 6612