CC Resolution 10339
RESOLUTION NO.
10339
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
PRELIMINARILY APPROVING ENGINEER'S REPORT FOR THE ANNUAL
LEVY AND COLLECTION OF ASSESSMENTS FOR
CITY OF CAMPBELL LIGHTING DISTRICT
LLA-l FOR FISCAL YEAR 2004-05
BE IT RESOLVED, by the City Council of the City of Campbell as follows:
1. On April 6, 2004, the City Council adopted Resolution No. 10309, initiating
proceedings and directing the City Engineer to prepare a report in accordance with Division 15,
Part 2, Chapter 1, Article 4 of the California Streets & Highways Code (Sections 22565 et seq.)
for the purpose of the annual levy and collection of assessments for the City of Campbell
Lighting District LLA-l for Fiscal Year 2004-2005;
2. The report has been filed with the City Clerk;
3. The City Council finds that the report adequately sets forth the following information:
a) Plans and specifications for proposed new improvements, if any, to be made
within the Assessment District;
b) An estimate of the costs of said proposed new improvements, if any, to be made
and the costs of maintenance or operation, or both, thereof, and an estimate of the costs for
maintenance and operation of any existing improvements, together with the incidental expenses
in connection therewith;
c) A diagram showing the exterior boundaries of the Assessment District and the
lines and dimensions of each parcel of land within the District as such parcel of land is shown on
the County Assessor's map for Fiscal Year 2004-05; each of which parcels shall be identified by
a distinctive number or letter on said diagram; and
d) A proposed assessment of the total amount of the estimated costs and expenses of
the proposed new improvements in accordance with Section 22569 of the California Streets and
Highways Code, including the installation, if any, and the maintenance and/or operation thereof,
and of any existing improvements upon the parcels in said District in proportion to the estimated
benefits to be received by such parcels in said District in proportion to the estimated benefits to
be received by such parcels respectively from said improvements, including the maintenance or
servicing, or both, therefore, and of the expenses incidental thereto, as provided in the Rules for
Spreading Assessments, which is attached hereto as Exhibit 1 and hereby adopted.
NOW, THEREFORE, the City Council hereby preliminarily approves the Engineer's
Report as presently submitted.
I hereby certify that the foregoing is a full, true and correct copy of a Resolution duly
passed and adopted by the City Council of the City of Campbell, California, at a meeting thereof
held on the 1st day of June, 2004, by the following vote of the members thereof:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Furtado, Watson, Dean, Kennedy, Burr
None
None
APPROVED:
~~~
DONALD R. BURR, MA YOR
ATfE~
Anne Bybee, City Clerk
2.
4.
EXHIBIT 1
LLA-l RULES FOR SPREADING ASSESSMENTS
1.
District is to be assessed for all costs of forming the District and maintaining the street
landscaping and the lighting systems located within the boundaries of the District.
The City Council is hereby authorized to annually increase the assessment by not more
than ten percent (10%) per year to cover increased costs.
3.
Total costs shall be apportioned to all parcels within the district boundary in accordance
with the benefit received. Parcels without curbs, gutters or sidewalks pay no assessment
for sidewalk repair.
The benefit for each parcel has been determined to be proportional to the land area of that
parcel.
5.
The area for condominium and townhouse developments shall be determined by
assigning to each unit in the development an area equal to that unit's proportionate share
of the total land area in the development.
6.
Parcels zoned single-family residence or agriculture are assessed up to a maximum of
10,000 square feet.
7.
Three categories of benefits have been established:
A.
All parcels having existing zoning of R-l, R-D, R-M-S, R-2-S, R-3-S, P-F or PD
(Residential).
B.
All parcels having existing zonIng of C-I-S, C-2-S, C-3-S, P-O, or PD
(commercial or professional).
c.
All parcels having existing zoning of M-I-S, M-2-S, or C-M-B.
8.
Assessment for lighting and curbs, gutters and sidewalks shall be apportioned as follows:
All parcels in Category B have been determined to receive benefit on an area basis in the
amount of 1.25 times the amount of benefit to an equal area in Category A or C. This
additional benefit is attributed to wider sidewalks and to increased lighting intensity
which provide additional security and advertisement for those types of land uses.
9.
Assessments for arterial street landscaping shall be apportioned among the parcels in
Category Band C of Paragraph 7 above. Residential street landscaping shall be
apportioned among the parcels in Category A of Paragraph 7 above.
10.
In the event that any provision of these rules is held void or unenforceable by a court of
competent jurisdiction, such rule shall be deemed severable from the remaining rules, and
the remaining rules shall remain in full force and effect.