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CC Resolution 11038 RESOLUTION NO. 11038 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 2009-10 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 2009-10, 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 2009-10, 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 7, 2009, 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 21, 2009 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 2nd day of June, 2009, by the following vote of the members thereof: AYES: Councilmembers: Kotowski, Furtado, Baker, Low, Kennedy NOES: Councilmembers: None ABSENT: Councilmembers: None AZL-~ Anne Bybee, City Clerk Attachment 3 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. Attachment 4 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.