CC Resolution 10913
RESOLUTION NO.
10913
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
DECLARING ITS INTENTION TO LEVY AND COLLECT
ASSESSMENTS WITHIN THE CITY OF CAMPBELL LIGHTING
DISTRICT LLA-1 FOR FISCAL YEAR 2008-09
WHEREAS, the City Council, pursuant to the provisions of the Landscaping and
Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of
California, conducted proceedings for the formation of the City of Campbell Lighting District
LLA-1 and for the levy and collection of Assessments for Fiscal Year 1980-1981, and on
June 23, 1980, pursuant to proceedings duly had, adopted Resolution 5831, Overruling
Protests and Ordering the Formation of an Assessment District, Improvements, and
Confirming the Diagram and Assessment; and
WHEREAS, the public interest, convenience and necessity require, and it is the
intention of said Council to undertake proceedings for the levy and collection of
assessments upon the parcels of land in said District, for the installation of improvements,
including the maintenance or operation, or both, thereof for the Fiscal Year 2008-09, and
WHEREAS, the City Council has given preliminary approval to the Engineer's Report
which is on file with the City Clerk.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The City Council declares its intention to levy and collect assessments within the
boundaries of City of Campbell Lighting District LLA-1 for Fiscal Year 2008-09, except that
such assessments shall not be imposed upon" a Federal, State, or local agency or upon a
public utility or other special government district.
2. The existing and proposed improvements are generally described in Exhibit A
attached to this Resolution, along with any substantial changes proposed to be made in
existing improvements.
3. The Assessment District, distinctly referred to as City of Campbell Lighting
District LLA-1, is located within all the area of the City Limits of the City of Campbell.
4. The Engineer's Report setting forth a full and detailed description of the
improvements, the boundaries of the Assessment District, and the proposed assessments
upon assessable parcels of land within the District, is on file with the City Clerk and
available for viewing by the public.
5. The City Council shall conduct a Public Meeting on the levy of the proposed
assessment at the regular Council meeting on July 1, 2008, at 7:30 p.m., or as soon
thereafter as the matter may be heard in the Council Chambers at Campbell City Hall, 70
North First Street, Campbell, California 95008.
6. Thereafter, the City Council shall conduct a Public Hearing on the levy of the
proposed assessment at the regular Council meeting on July 15, 2008 at 7:30 p.m., or as
soon thereafter as the matter may be heard, in the Council Chambers at Campbell City
Hall, 70 North First Street, Campbell, California 95008.
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 3rd day of June, 2008, by the following vote of the members thereof:
AYES:
Councilmembers:
Furtado, Kennedy, Low, Hernandez
NOES:
Councilmembers:
None
ABSENT: Councilmembers:
None
;-
APPROVED:
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Donald R. Burr, Mayor
A~~'T: .//
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Anne Bybee, City Clerk
Exhibit A
City of Campbell
Lighting District LLA-1
Description of Work
The installation, maintenance and operation of public light and traffic signal facilities
including standards, luminaires, poles, conduits, wires, transformers, attachments and
appurtenances, the furnishing of electric energy, and any expenses incidental thereto.
The maintaining and servicing of trees, shrubs, grass, other ornamental vegetation,
irrigation and appurtenances, including repair, removal and replacement of all or any part
thereof, providing for the life, growth, health and beauty of landscaping, including
cultivation, trimming, spraying, fertilizing, treating for disease or injury, the removal of
trimmings, rubbish, debris and other solid waste, water for irrigation and any expenses
incidental thereto.
The installation and maintenance of curbs, gutters and sidewalks, park and recreational
improvements, including play equipment and public restrooms.
EXHIBIT 1
LLA-1 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.
2. 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.
4. 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-1, R-D, R-M-S, R-2-S, R-3-S, P-F or PD
(Residential).
B. All parcels having existing zoning of C-1-S, C-2-S, C-3-S, P-O, or PD
(commercial or professional).
C. All parcels having existing zoning of M-1-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.