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HomeMy WebLinkAbout6982RESOLUTION NO. 6982 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, STATING ITS INTENTION TO ESTABLISH THE DOWNTOWN ARCADIA COMMUNITY BENEFIT DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS WITHIN SUCH DISTRICT PURSUANT TO ARCADIA MUNICIPAL CODE SECTION 1961, ET SEQ; AND APPOINTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO WHEREAS, Arcadia Municipal Code Section 1961, et seq. (the "Law "), authorizes the City Council of the City of Arcadia establish, for a fifteen year period, Community Benefit Districts ( "CBD ") to promote the economic revitalization and physical maintenance of business districts in Arcadia; and WHEREAS, the Law authorizes the City to levy and collect assessments on real property within such districts for the purpose of providing improvements and promoting activities that specially benefit real property within such districts; and WHEREAS, Articles XIIIC and XIIID of the California Constitution and Section 53753 of the California Government Code impose certain procedural and substantive requirements relating to the levy of new or increased assessments; and WHEREAS, written petitions have been submitted by property owners within a certain area in downtown Arcadia (the "District ") requesting the City Council to initiate proceedings pursuant to the Law to establish the proposed Downtown CBD for a fifteen year period; and WHEREAS, such petitions were signed by property owners in the proposed Downtown CBD who will pay more than thirty percent (30 %) of the assessments proposed to be levied; and WHEREAS, no real properties deriving special benefit within the proposed Downtown CBD will be exempted from payment into the District; and WHEREAS, a Management District Plan entitled the "Downtown Arcadia CBD Management District Plan" (the "Management District Plan ") has been prepared and submitted to the City Clerk, containing all of the information required by the Law, including a description of the boundaries of the District, the improvements and activities proposed for the District, and the cost of such improvements and activities. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the Law and Section 36621(a) of the California Streets and Highway Code, the City Council declares its intention to establish, for fifteen years, the Downtown Arcadia Community Benefit District and to levy and collect assessments against lots and parcels of real property within the District commencing with Fiscal Year 2013 -14. SECTION 2. The City Council hereby approves the Management District Plan, on file in the office of the City Clerk. SECTION 3. The City Clerk shall make available to the public for review during normal business hours the Management District Plan and other documents related to the District. SECTION 4. NOTICE IS HEREBY GIVEN that the City Council shall conduct a public hearing on the establishment of the District and the levy and collection of assessments for Fiscal Year 2013 -14 on August 6, 2013 at 7:00 p.m. or as soon thereafter as the matter may be heard, in the City Council Chambers located at 240 2 West Huntington Drive, Arcadia, CA. At the public hearing, the City Council will consider all objections or protests, if any, to the proposed establishment of the District and the proposed assessment. Any interested person may present written or oral testimony at the public hearing. At the conclusion of the public testimony portion of the public hearing, the City Clerk shall open and tabulate all ballots received and not withdrawn as of at that time. Results of the ballot procedure will be announced and, provided a weighted majority in opposition to the establishment of the District does not occur, the City Council may then establish the District by adopting a resolution to that effect. SECTION 5. The boundaries of the proposed District generally include all properties listed within the boundaries of the map on file in the Management District Plan filed in the Clerk's office. SECTION 6. The proposed activities for the District include marketing and promotional activities, sidewalk cleaning, private security, beautification, administration of the services, public space development in the District and maintenance of a contingency /reserve fund. All proposed services and improvements benefit real property owners located in the District. SECTION 7. The assessment proposed to be levied and collected for Fiscal Year 2013 -14 is $117,515. The amount to be levied and collected for subsequent years may be increased by an amount not to exceed five (5 %) percent per year in accordance with increases in the Consumer Price Index for the Los Angeles — Long Beach metropolitan area. SECTION 8. The City Clerk is hereby authorized and directed to give notice of the public hearing as provided in Section 53753 of the Government Code and Article XIIID, Section 4 of the California Constitution. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 18th day of June , 2013. ATTEST: APPROVED AS TO FORM: r 9-�� P. bazu Stephen P. Deitsch City Attorney 4 • • /0 Ar6adia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6982 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 18th day of June, 2013 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Kovacic, Harbicht, Wuo and Segal NOES: None ABSENT: None 4 Clerk of th City of Arcadia