HomeMy WebLinkAbout6643RESOLUTION NO. 6643
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DECLARING ITS INTENTION
TO FORM THE ARCADIA CITYWIDE LIGHTING
DISTRICT 2009-1; AND TO CONDUCT A PROPERTY
OWNER BALLOTING ON THE MATTER OF NEW
ASSESSMENTS RELATED THERETO COMMENCING
WITH FISCAL YEAR 2009/2010
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") did by previous Resolution, initiate
proceedings for the formation of the "Arcadia Citywide Lighting District
2009-1" (hereafter referred to as "District); for the purpose of levying and
collecting special benefit assessments to fund the maintenance, operation and
servicing of public street lighting improvements and appiu-tenant facilities
related thereto; 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
2009/2010 (beginning July 1, 2009 and ending June 30, 2010) in accordance
with Chapter 1, Article 4 (Sections 22565 through 22574) of the 1972 Act.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION 1. INTENTION: T`he City Council hereby declares its
intention to form the District and proposes to levy and collect annual special
benefit assessments against parcels of land within the District pursuant to the
1972 Act, commencing with fiscal year 2009/20].0. The territory included
within the District is generally described in Section 2 of this Resolution and
shall be designated as the "Arcadia Citywide Lighting District 2009-1"
SECTION 2. TERRITORY: The boundaries of the proposed
District shall be coterminous with the boundaries of the City of Arcadia,
within the County of Los Angeles, State of California, and shall include all
parcels within said boundaries. Reference is hereby made to the Los Angeles
County Assessor's maps for a detailed description of the lines and
dimensions of the parcels therein. The proposed District shall initially include
three (3) zones of benefit where, by reason of variations in the nature,
location, and extent of the improvements, the various areas will receive
differing degrees of benefit from the improvements.
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SECTION 3. IMPROVEMENTS: The proposed improvements
shall include the operation, maintenance and servicing of public street
lighting improvements and appurtenant facilities in the Ciry of Arcadia that
have been determined to be of special benefit to properties within the
District. These improvements may include, but are not limited to, the
materials, equipment, utilities, labor, contract services and incidental
expenses necessary for the ongoing maintenance, operation and servicing of
such improvements and appurtenant facilities. Maps detailing the location
and extent of the proposed improvements to be serviced 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 maps and specifications are made
part of this Resolution. Those improvements determined to be of general
benefit shall not be assessed against properties in the District.
SECTION 4. ASSESSMENTS: The proposed annual
assessments for the District shall provide a funding source to partially
support the ongoing annual expenses to maintain service and operate public
street lighting improvements that provide special benefits to properties in the
District. The net annual cost of providing such improvements shall be
collected on the County tax roll as annual assessments.
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These proposed assessments are outlined in the Engineer's Report and
include the Maximum Assessment Rates, Assessment Range Formula,
method of apportionment and an assessment roll that identifies the calculated
assessment amount proposed for each parcel to be assessed commencing in
fiscal year 2009/2010, and for which the property owners of record within the
proposed District shall be balloted pursuant to the provisions of the
California Constitution Article XIIID and applicable provisions of California
State law. The City Council finds that the public's best interest requires such
action and levy of assessments.
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 assessments for said District in accordance with
the 1972 Act and California Constitution Article XIIID, Section 4.
Notice is hereby given that a public hearing on these matters will
be held by the City Council on Tuesday, November 18, 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
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written protest with the City Clerl< 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.
SECTION 6. CALL FOR ASSESSMENT BALLOTING: The
City Council hereby calls for a property owner protest balloting proceeding
for the proposed 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 an assessment,
not less than 45 days before the date of the public hearing, in accordance with
the provisions of the California Constitution. Property owners must return
their ballots to the City Clerlc 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 exists. Only those ballots issued by the City or
on behalf of the City shall be considered as valid ballots. Each property
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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, November 18, 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. Upon
the conclusion of public hearing the City Clerk or his 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 assessment dollars represented
by valid ballots submitted in opposition to the assessments exceed the
assessment dollars represented by valid ballots submitted in favor of the
assessments.
SECTION 8. MAILING OF 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
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Report, in accordance with Government Code Section 53753 and California
Constitution Article XIIID, Section 4(e).
SECTION 9. The City Clerk shall certify to the adoption of this
Resolution.
Passed approved and adopted this 2na day of September , 2~Q8•
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Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
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Stephen P. Deitsch
City Attorney
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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 ResolutionNo. 6643 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 2nd day of September, 2008 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Kovacic, Wuo and Harbicht
NOES: None
ABSENT: None
~"~-
ity Clerk of the City of Arcadia
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