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HomeMy WebLinkAbout6722RESOLUTION NO. 6722 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, DECLARING ITS INTENTION TO FORM THE ARCADIA CITYWIDE LIGHTING DISTRICT NO. 1, AND TO CONDUCT A PROPERTY OWNER BALLOTING ON THE MATTER OF NEW ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2010/2011 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 Resolution No. 6720, initiate proceedings for the formation of the "Arcadia Citywide Lighting District No. 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 appurtenant 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 2010/2011 (beginning July 1, 2010 and ending June 30, 2011) in accordance with Chapter 1, Article 4 (Sections 22565 through 22574) of the 1972 Act. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1 SECTION 1. INTENTION. The 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 2010/2011. 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 No. 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 two (2) 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. SECTION 3. IMPROVEMENTS. The proposed improvements shall include the operation, maintenance and servicing of public street lighting improvements and appurtenant facilities in the City 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 2 3 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. 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 submitted ballots pursuant to the provisions of the California Constitution Article XIIID and applicable provisions 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, July 20, 2010 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 written protest with the City Clerk 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 4 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 Clerk 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 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, July 20, 2010. 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 the City Council's 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 valid ballots submitted in opposition to the assessments exceed the 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 the City Council's 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 Report, in accordance with Government Code, Section 53753 and California Constitution, 5 Article XIIID, Section 4(e) XIIID. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. Passed approved and adopted this 1st day of June , 2010. ATTEST: ity Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 6 ayor 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. 6722 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 1st day of June, 2010 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Harbicht, Kovacic, Segal and Amundson, NOES: None ABSENT: None 7 ity Clerk of the City of Arcadia