HomeMy WebLinkAbout6706RESOLUTION NO. 6706
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA CONFIRMING THE ENGINEER'S
REPORT FOR THE FORMATION OF THE KAITLYN PLACE
LANDSCAPING AND LIGHTING DISTRICT AND ORDERING
THE LEVY AND COLLECTION OF ASSESSMENTS FOR
FISCAL YEAR 2010/2011
1
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 the formation
of the Kaitlyn Place Landscaping and Lighting District (hereafter referred to as the
"District "), and declared its intention to conduct a protest balloting for the levy of new
assessments within the District commencing in Fiscal Year 2010/2011 for the special
benefits received by properties therein for the installation, operation, maintenance and
servicing of local landscaping and street lighting improvements 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 formation of the District and the
annual levy of assessments related thereto commencing on Fiscal Year 2010/2011 as
required by the Act and the Constitution; and
WHEREAS, the City Council has duly held a public hearing regarding these
matters and has conducted a property owner protest ballot proceeding for the proposed
new assessments related thereto pursuant to the provisions of the Constitution, the
results of which have been presented and confirmed by this City Council; and
WHEREAS, the City Council desires to levy and collect assessments against
parcels of land within the District for the fiscal year commencing July 1, 2010 and ending
June 30, 2011 (Fiscal Year 2010/2011), to pay the costs and expenses associated with
the ongoing operation, maintenance, and servicing, including installation of local
landscaping and street lighting 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, 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 formation of the District, the levy and collection of
assessments, and has considered all public testimony and written statements, protests
and communications made or filed by interested persons. The City Council has evaluated
the results of the property owner protest ballot proceedings conducted in accordance with
the provisions of the Constitution, and has determined that majority protest of the
assessments did not exist.
SECTION 3. Based upon its review (and amendments, as applicable) of the
Engineer's Report, which has been filed with the City Clerk, the City Council hereby finds
and determines that:
3a) The land within the District will receive special benefit from the installation,
operation, maintenance and servicing of local landscaping and street lighting
improvements and appurtenant facilities related thereto, to be provided by the District as
2
3
as described in the Engineer's Report.
3b) The District as defined by the Boundary Map contained in the Engineer's
Report, includes all of the lands receiving such special benefit.
3c) The net amount to be assessed upon the lands within the District has been
apportioned by a formula and method which fairly distributes the net amount among all
eligible parcels in proportion to the special benefit to be received by each parcel from the
local landscaping and street lighting improvements and services to be provided
commencing with Fiscal Year 2010/2011.
SECTION 4. The City Council hereby orders the proposed local landscaping and
street lighting improvements as described within the Engineer's Report to be made. The
improvements so described may include, but are not limited to the materials, equipment,
utilities, labor, contract services and incidental expenses necessary for the installation,
operation, maintenance and servicing of local landscaping and street lighting
improvements and appurtenant facilities within the District that provide special benefits to
properties therein.
SECTION 5. The maintenance, operation and servicing of local landscaping and
street lighting improvements shall be performed pursuant to the Act, and for Fiscal Year
2010/2011, 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.
SECTION 6. The adoption of this Resolution constitutes the formation of the
District, the boundaries of which are identified by the Boundary Map; the establishment of
the maximum assessment rates and assessment range formula connected therewith; and
the assessments for the fiscal year commencing July 1, 2010 and ending June 30, 2011,
as described in the Engineer's Report and adopted by the City Council.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution, and the
minutes of this meeting shall so reflect the City Council's approval of the formation of the
District and the establishment of the maximum assessment rate(s), assessment range
formula, and the assessments for Fiscal Year 2010/2011 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 2010/2011 as approved, with the County Auditor of Los
Angeles.
Passed, approved and adopted this 15th day of
ATTEST:
City Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
4
December
, 2009.
May of the City of Arcadia
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. 6706 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 15th day of December, 2009 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Kovacic and Wuo
NOES: None
ABSENT: Council Member Harbicht
5
City Clerk of the City of Arcadia