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HomeMy WebLinkAbout6698RESOLUTION NO. 6698 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS INTENTION TO FORM THE KAITLYN PLACE LIGHTING AND LANDSCAPING DISTRICT; AND ITS INTENTION TO CONDUCT A PROPERTY OWNER PROTEST BALLOT PROCEEDING ON THE MATTER OF THE NEW ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2010/2011 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 Resolution, initiate proceedings for the proposed formation of the Kaitlyn Place Landscaping and Lighting District (hereafter referred to as the "District and the proposed levy and collection of annual special benefit assessments related thereto commencing in Fiscal Year 2010/2011; and WHEREAS, the City Council desires to form the District and to levy and collect annual assessments against Tots and parcels of land within said District to pay the cost and expenses related to the installation, maintenance, servicing and operation of landscaping and lighting improvements and appurtenant facilities that provide special benefits to the parcels of land therein as authorized by the Act and the provisions of the California Constitution Article XIIID (hereafter referred to as the "California Constitution and WHEREAS, Willdan Financial Services, the Assessment Engineer of Work (Engineer) has prepared and filed with the City Clerk an Engineer's Report (hereafter referred to as the "Report in connection with the formation of the District and the proposed levy of assessments commencing with fiscal year 2010/2011 (said fiscal year 1 6698 beginning July 1, 2010 and ending June 30, 2011); in accordance with the Act and the California Constitution; and said Report has been presented to the City Council. parcels and subdivisions of land within Final Map No. 69958 in City of Arcadia. following: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. The proposed territory of the District consists of the lots, The District, at the time of the formation, included all territory identified as Assessor's Parcel Number 5780 023 -069, 5780 023 -070, 5780 023 -071. SECTION 3. The proposed District improvements include installation and the annual ongoing operation, maintenance, servicing and incidental expenses related to the improvements associated with the Kaitlyn Place Landscaping and Lighting District; which are authorized pursuant to the Act. Said improvements may include, but are not limited to the construction, maintenance, operation, and servicing of public landscaping and street lighting improvements and appurtenant facilities which have been determined to be of special benefit to the lots and parcels of land within the District. The Engineer's Report prepared in connection with these proceedings provides a more detailed description of the improvements and associated costs. SECTION 4. The Engineer's Report as presented consists of the 4a) A Description of the Improvements (Plans and Specifications); and, 2 6698 4b) The Method of Apportionment that details the method of calculating the proportional special benefits and the annual assessment obligation for each affected parcel including a description of an "Assessment Range Formula" that provides for an annual inflationary adjustment to the maximum assessment rate; and, 4c) The estimated annual costs and expenses to provide the improvements (Budget) that establishes the proposed initial "Maximum Assessment Rate and, 4d) An Assessment Diagram (Boundary Map); and, 4e) An Assessment Roll containing the assessment to be levied for each Assessor Parcel Number within the District based on the maximum assessment rate and method of apportionment described therein. SECTION 5. The Engineer's Report filed with the City Clerk and presented to this City Council, is hereby approved on a preliminary basis as submitted or amended by direction of this City Council, and is herby ordered to be filed in the Office of the City Clerk as a permanent record and remain open to public inspection. SECTION 6. The City Council hereby declares its intention to form the Kaitlyn Place Landscaping and Lighting District, and to levy and collect annual assessments against the lots and parcels of land within said District to fund the installation, ongoing operation, maintenance and servicing of various public landscaping and street lighting improvements associated with the development and approval of Final Map No. 69958 that have been determined to be of special benefit to the property 3 6698 therein as outlined in the Engineer's Report prepared in connection therewith, commencing with fiscal year 2010/2011. The City Council further declares its intention to conduct a public hearing regarding the proposed formation of the District, and the proposed levy of assessments connected therewith; and calls for a property owner protest balloting proceeding in accordance with the provisions of the California Constitution Article XIIID. The City Council finds that the best interest of the properties and public requires such action and levy of assessments. SECTION 7. The City Council hereby declares its intention to conduct a public hearing concerning the formation of the District and the levy of assessments connected therewith in accordance with Government Code, Section 54954.6 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, December 15, 2009 beginning at 7:00 P.M., or as soon thereafter as feasible, in the City Council Chambers located at 240 West Huntington Drive, Arcadia, California 91007. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard. SECTION 8. Pursuant to Article XIIID of the California Constitution, an assessment ballot proceeding is hereby called on the matter of confirming the assessments for the proposed District. The ballots and notices so authorized shall be distributed by first class mail to the property owners of record as of the last County equalized roll, and property owner or owners of each affected parcel may return the ballot by mail or in person to the City Clerk not later than the conclusion of the public 4 6698 hearing for these matters. SECTION 9. The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail notice of the public hearing and property owner ballots to the property owners of record regarding the proposed assessments including the assessment range formula as outlined in the Engineer's Report, for return receipt prior to the date and time of the public hearing set forth in this Resolution. The notice of the hearing and ballot shall be distributed by first class mail to the property owner(s) of record for each parcel within the proposed District subject to an assessment, not less than 45 days before the date of the public hearing pursuant to the California Constitution. SECTION 10. 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 described in the Engineer's Report presented and previously approved by the City Council. 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 scheduled for Tuesday, December 15, 2009. After the close of the public hearing, pursuant to Section 4 (e) of the California Constitution, the City Clerk or their designee shall open and tabulate the ballots returned to determine if majority protest exists. Only those ballots issued by or on behalf of the City and signed by the property owner of record or authorized representative, shall be considered as valid ballots and shall be weighted according to the proportional financial obligation of each affected property. Majority protest exists if, upon the conclusion of the hearing, valid ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the 5 6698 assessment. In addition to the ballot proceedings, property owners may also file a separate written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed such protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard. ATTEST: SECTION 11. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 20t day of October ity Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 6 -eAt.1 2009. or of the City of Arcadia 6 6698 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. 6698 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 20th day of October, 2009 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Chandler, Harbicht, Kovacic and Wuo NOES: None ABSENT: None 7 i ty Clerk of the City of Arcadia 6698