CC Resolution 12857 - LLA FY22-23 Approve Engineer ReportRESOLUTION NO. 12857
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING THE ENGINEER'S REPORT, ORDERING THE IMPROVEMENTS, AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR THE CITY OF CAMPBELL
LIGHTING DISTRICT LLA-1 FOR FISCAL YEAR 2022-23
WHEREAS, on the 5t" day of April 2022, said Council adopted its Resolution No.
12813 describing improvements and directing preparation of the Engineer's Report for
Fiscal Year (FY) 2022/23 for the City of Campbell Lighting District LLA-1 pursuant to the
Landscaping and Lighting Act of 1972, and directed the City Engineer to prepare and
file with the City Clerk a written report called for under said Act and by said Resolution;
and
WHEREAS, said report was duly made and filed with the City Clerk, whereupon
said Clerk presented it to this Council on June 7, 2022 for its consideration; and
WHEREAS, said Council thereupon duly considered said report and each and
every part thereof and found that it contained all matters called for by the provisions of
said Act and Resolution No. 12840, including (1) plans and specifications of the existing
and proposed improvements, if any; (2) estimate of costs; (3) diagram showing the
exterior boundaries of the area of the Assessment District; and (4) assessments
calculated according to benefits; all of which were prepared in the form and manner
required by said Act; and
WHEREAS, said Council found that said report, and each and every part thereof,
was sufficient and determined that it should stand as the report for all subsequent
proceedings under said Act, whereupon said Council, pursuant to the requirements of
said Act, adopted Resolution No. 12841 and appointed July 5, 2022, at 7:30 p.m. at the
regular meeting of said Council, City Hall, 70 North First Street, Campbell, California, as
the time and place for hearing comments or protests in relation to the levy and collection
of the proposed assessments pursuant to said Act, and to said proposed improvements,
if any, including the operation and maintenance thereof, and directing the City Clerk to
give notice of the public hearing as required by said Act; and
WHEREAS, notices of said Public Hearing were duly published in the time, form
and manner required by said Act, as evidenced by the Affidavits and Certificates on file
with the City Clerk, whereupon said hearing was duly held at the time and place stated
in said notice; and
WHEREAS, on July 5, 2022, the Public Hearing was opened; and
WHEREAS, persons objecting to said improvements, including the operation and
maintenance thereof, or to the extent of the Assessment District, or to the proposed
diagram or assessments, or to the Engineer's estimate of costs thereof, filed written
protests with the City Clerk before the conclusion of said Public Hearing, and all
persons desiring to be heard were given an opportunity to be heard, and all matters
pertaining to the levy and collection of the assessments for said improvements,
including the operation and maintenance thereof, were fully heard and considered by
said Council.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, and ORDERED as follows:
1. That protests, if any, against said improvements, including the operation and
maintenance thereof, or to the extent of the Assessment District, or to the proposed
diagram or assessments, or to the Engineer's estimate of costs thereof, for Fiscal Year
2022/23 be, and each of them are hereby overruled.
2. That the public interest, convenience and necessity require and said Council does
hereby order the levy and collection of assessments pursuant to said Act for the
installation of improvements, including the operation and maintenance thereof, more
particularly described in said Engineer's Report which is made a part hereof by
reference.
3. That the City of Campbell Lighting District LLA-1 and the boundaries thereof
benefited and to be assessed for said costs for the installation of the improvements,
including the operation and maintenance thereof, are situated in the City of Campbell,
California, and are more particularly described by reference to a map thereof on file in
the Office of the City Clerk. Said map indicates by a boundary line the extent of the
territory included in said District.
4. That the plans and specifications for the existing improvements and proposed
improvements, if any, to be installed within the Assessment District contained in said
report be, and they are hereby, adopted and approved.
5. That the Engineer's estimate of the total costs of said improvements, including the
operation and maintenance thereof, and of the incidental expenses in connection
therewith, contained in said report be, and is hereby, adopted and approved.
6. That the public interest and convenience require, and said Council does hereby
order the improvements, if any, to be installed as described in, and in accordance with,
said Engineer's Report.
7. That the diagram showing the boundaries of the Assessment District referred to
and described in said Resolution No. 12840, and the lines and dimensions of each
parcel of land within said District as such parcel is shown on the County Assessor's
maps for the fiscal year to which it applies, each of which parcel has been given a
separate number upon said diagram as contained in said report be, and is hereby,
approved and confirmed.
8. That the assessment of the total costs of said improvements upon the parcels of
land in said District in proportion to the estimated benefits to be received by such
parcels from said improvements, and the operation and maintenance thereof, and of the
expenses incidental thereto contained in said report be, and the same is hereby,
approved and confirmed.
9. That said Engineer's Report for FY 2022/23 be, and the same is hereby, adopted
and approved.
10. That the City Clerk shall forthwith file with the Auditor of Santa Clara County said
assessment, together with said diagram thereto attached and made a part thereof, as
confirmed by the City Council, with the certification of such confirmation thereto
attached and of the date thereof.
11. That the order for levy and collection of assessments for the improvements and
the adoption and approval of the Engineer's Report as a whole, and of the plans and
specifications, estimate of the costs, diagram, and assessments, as contained in said
Report, as hereinafter determined and ordered, is intended to and shall refer and apply
to said Report, or any portion thereof, as amended, modified, revised or corrected by, or
pursuant to and in accordance with any resolution or order, if any, heretofore duly
adopted or made by this Council.
I hereby certify that the foregoing is a full, true and correct copy of the Resolution duly
passed and adopted by the City Council of the City of Campbell, California, at a meeting
thereof held on the 5ch day of July, 2022, by the following roll call vote of the members
thereof:
AYES: Councilmembers: Gibbons, Lopez, Landry, Bybee, Resnikoff
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
ATTEST: Paul Resnikoff, Mayor
Andrea Sabblers, Interim City Clerk