CC Resolution 11173RESOLUTION NO. 11173
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-1 FOR FISCAL YEAR 2010-11
BE IT RESOLVED, by the City Council of the City of Campbell as follows:
1. On April 6, 2010, the City Council adopted Resolution No. 11141, 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-1 for Fiscal Year 2010-11;
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 2010-11; each of which parcels shall
be identified by a distinctive number or letter on said diagram; and
d) A proposed assessment, consisting 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, to be assessed
upon the 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 15th of June, 2010, by the following vote of the members thereof:
AYES: Councilmembers: Kotowski, Kennedy, Furtado, Baker, Low
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
~~` ~ti
Evan D. Low, Mayor
ATT T:
ne Bybee, City Clerk
Attachment 2
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 B and 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.