HomeMy WebLinkAbout6981RESOLUTION NO. 6981
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA CONFIRMING THE ENGINEER'S
REPORT FOR THE LEVY AND COLLECTION OF THE KAITLYN
PLACE LANDSCAPING AND LIGHTING DISTRICT AND THE
ASSESSMENT DIAGRAM CONNECTED THEREWITH; AND
ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS
FOR FISCAL YEAR 2013 -14; AND FINDING THAT THIS
RESOLUTION IS EXEMPT FROM THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the City Council of the City of Arcadia (the "City ") pursuant to
the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division
15 of the California Streets and Highways Code, commencing with Section 22500
(hereafter referred to as the "Act "), did by previous resolutions, initiate
proceedings for levy and collection of assessments within the Kaitlyn Place
Landscaping and Lighting District (hereafter referred to as the "District "), and
declared its intention to conduct a public hearing for the levy and collection of
assessments within the District for Fiscal Year 2013 -14 for the special benefits
received by properties therein for the annual operation, maintenance and servicing
of street lighting improvements and appurtenant facilities related thereto in
accordance with the provisions of the California Constitution Article XIIID (the
"Constitution "); and
WHEREAS, an Engineer's Report has been prepared, filed and presented
to the City Council in connection with the proceedings for the levy and collection of
assessments within the District for Fiscal Year 2013 -14 as required by the Act and
the Constitution; and
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WHEREAS, the City Council has duly held a public hearing regarding these
matters pursuant to the provisions of the Constitution;
WHEREAS, the City Council desires to levy and collect assessments
against parcels of land within the District for the fiscal year commencing July 1,
2013 and ending June 30, 2014 (Fiscal Year 2013 -14), to pay the costs and
expenses associated with the ongoing operation, maintenance, and servicing of
improvements and appurtenant facilities related thereto that have been
determined to be of special benefit to the properties within the District as
described in the Engineer's Report; and
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The preceding recitals are all true and correct.
SECTION 2. Following notice duly given, the City Council has held a full
and fair public hearing regarding the District, and the levy and collection of
assessments, and has considered all public testimony and written statements,
protests and communications made or filed by interested persons.
SECTION 3. Based upon its review of the Engineer's Report, which has
been filed with the City Clerk, the City Council hereby finds and determines that:
(a) The land within the District receives special benefit from the operation,
maintenance and servicing of the street lighting improvements, and appurtenant
facilities related thereto, to be provided by the District as described in the
Engineer's Report.
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(b) The District as defined by the Assessment Diagram contained in the
Engineer's Report, includes all of the lands receiving such special benefit.
(c) The net amount to be assessed upon the lands within the District has
been apportioned by a formula and method which fairly distribute the net amount
among all eligible parcels in proportion to the special benefit to be received by
each parcel from the improvements and services to be provided for Fiscal Year
2013 -14.
SECTION 4. The City Council hereby orders the proposed improvements to
be made as described within the Engineer's Report. The improvements so
described 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 local landscaping improvements and
appurtenant facilities within the District that provide special benefits to properties
therein.
SECTION 5. The maintenance, operation, and servicing of improvements
shall be performed pursuant to the Act, and for Fiscal Year 2013 -14, the County
Auditor of Los Angeles shall enter on the County Assessment Roll opposite each
parcel of land the amount of levy established by the Engineer's Report, and such
levies shall be collected at the same time and in the same manner as the County
taxes are collected. After collection by the County, the net amount of the levy shall
be paid to the City Treasurer.
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SECTION 6. The adoption of this Resolution constitutes the levy and
collections of assessments within the District for the fiscal year commencing July
1, 2013 and ending June 30, 2014, as described in the Engineer's Report and
adopted by the City Council.
SECTION 7. The City Clerk shall certify to the passage and adoption of this
Resolution, and the minutes of this meeting shall so reflect the City Council's
approval of the assessments for Fiscal Year 2013 -14 as contained in the
Engineer's Report.
SECTION 8. The City Clerk is hereby authorized and directed to file the
levy of assessments for Fiscal Year 2013 -14 as approved, with the County Auditor
of Los Angeles.
SECTION 9. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 2nd day of July , 2013.
ATTEST:
City 0brk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
Maygf of the City of Arcadia
Prq/Tempor.e
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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. 6981 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 July, 2013 and that said Resolution was adopted by the
following vote, to wit:
AYES: Council Member Amundson, Kovacic, Harbicht and Wuo
NOES: None
ABSENT: Mayor Segal
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i C erk of th City of Arcadia