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:
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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
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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
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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,
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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
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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
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ity Clerk of the City of Arcadia