HomeMy WebLinkAbout2003 007 CC RESO2003 007 CC RESO (Ìì Š Á RESOLUTION NO. 2003-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK. CALIFORNIA, PRELIMINARILY
APPROVING ENGINEER'S REPORT AND ORDERING
PUBLIC HEARING FOR PROPOSED CALIFORNIA
AVENUE IMPROVEMENT ASSESSMENT DISTRICT 2002-
01 AND DIRECTING ACTIONS WITH RESPECT THERETO
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES
AS FOLLOWS:
Resolution of Intention. WHEREAS, on September 4, 2002. this Council adopted
Resolution No. 2002-081 A Resolution of the City Council of Baldwin Park, California
Declaring Its Intention to Order the Construction of Certain Improvements in proposed
Assessment District No. 2002-01, the Resolution of Intention") under the Municipal
Improvement Act of 1913, Division 12 of the Streets and Highways Code of California,
the Act") to initiate proceedings under the Act in and for the City's California Avenue
Improvement Assessment District No. 2002-01 the Assessment District"). The
Resolution of Intention is hereby amended to provide that all publicly-owned property in
the Assessment District shall be subject to assessment to the extent that such property
is found to be specially benefited from the improvements contemplated herein, and to
state the intention of this Council to enter into any agreements with other public
agencies that may be necessary pursuant to Chapter 2 of the Act.
Engineer's Report. WHEREAS, the Resolution of Intention referred the
acquisitions and improvements described therein to the person designated therein as
the Engineer of Work and directed the Engineer of Work to prepare and file with the City
Clerk a report the Engineers Report") pursuant to the Act and containing information
set forth in the Resolution of Intention, to which reference is hereby made for further
particulars.
Engineer's Report Preliminarily Approved. WHEREAS, the Engineer of Work
has prepared and filed the Engineer's Report with the City Clerk, and this Council with
the aid of City staff has reviewed the Engineer's Report, and hereby finds it to be
sufficient for, and that it shall stand for purposes of subsequent proceedings for the
Assessment District and the Engineer's Report is hereby preliminarily approved.
Hearing. WHEREAS, Pursuant to the Act, this Council hereby orders that a
public hearing shall be held before this Council, in the Chambers of the City Council in
City Hall, 14403 East Pacific Avenue, Baldwin Park. California, on Wednesday, April 16.
2003, at the hour of 7:00 o'clock p.m. for the purposes of this Council's determination
whether the public interest, convenience and necessity require the acquisitions and
improvements and this Council's final action upon the Engineer's Report and the
assessments therein.
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Notice of Hearing. WHEREAS, the City Clerk is hereby authorized and directed
to cause notice of the continued hearing to be given by mailing, postage prepaid, in the
United States mail, and such notice shall be deemed to have been given when so
deposited in such mail. The envelope or cover of the mailing shall include the name of
the City and the return address of the City Clerk as the sender. The mailed notice shall
be given to all property owners within the Assessment District as shown in the
Engineer's Report by such mailing by name to those persons whose names and
addresses appear on the last equalized assessment roll of the County of Los Angeles or
the State Board of Equalization assessment roll, as the case may be. The amount of the
proposed assessment for each parcel shall be calculated and the owner of record of
each parcel shall be given written notice by mail of the proposed assessment, the total
amount thereof chargeable to the entire Assessment District, the amount chargeable to
the owner's particular parcel, the anticipated duration of payments for the assessment,
the reason for such assessment and the basis upon which the amount of the proposed
assessment was calculated. Each such mailed notice to owners shall contain a ballot,
which includes the property owner's name, identification of the parcel and support or
opposition to the proposed assessment. Each notice shall include, in a conspicuous
place, a summary of the procedures applicable to the completion, return and tabulation
of ballots, including a disclosure that the existence of a majority protest whereby ballots
submitted in opposition exceed those submitted in favor of the assessment, with ballots
weighed according to proportional financing obligation of the affected property) will
result in the assessment not being imposed. Each mailed ballot shall include a scalable
return envelope with the City's address for receipt of completed ballots. The notice
herein provided shall be mailed not less than forty-five 45) days before the date of the
public hearing.
Ballots. WHEREAS, the City Clerk is hereby designated as the impartial person
responsible for the tabulation of the ballots. The City Clerk shall maintain a separate
and secure file for the safekeeping of the assessment ballots as they are received and
pending tabulation. Ballots shall be received up to the time of the closing of the public
hearing. Ballots shall remain sealed until the close of the public hearing and the
beginning of the tabulation, provided that ballots may be submitted, or changed, or
withdrawn by the person submitting the ballot prior to the conclusion of the public
hearing. During and after tabulation, the ballots shall be disclosable public records
under Section 6252 of the California Government Code.
Boundary Map. WHEREAS, the proposed boundaries of the proposed
Assessment District are hereby described as shown on a map thereof on file in the
office of the City Clerk the Boundary Map"), which indicates by a boundary line the
extent of the territory to be included in the proposed Assessment District and which
Boundary Map shall govern for all details for further purposes of the proceedings for the
Assessment District and to which reference is hereby made for further particulars. The
City Clerk is hereby authorized and directed to endorse upon the original and at least
one copy of the Boundary Map the date of the filing thereof and date and adoption of
this resolution and to cause a copy of the Boundary Map to be filed with the County
Recorder of the County of Los Angeles, in which all of the proposed Assessment District
is located, within fifteen 15) days of the adoption of this resolution, but in no event later
than fifteen 15) days in advance of the date of the public hearing. The County
Recorder shall endorse upon the Boundary Map the time and date of filing and shall
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fasten the same securely in a book of maps of assessment and community facilities
districts, which the County Recorder shall keep in his or her office. The County
Recorder shall index the Boundary Map by the name of the City and by the distinctive
designation of the proposed Assessment District.
No Private Contract. WHEREAS, notice is hereby given that, in the opinion of
this Council, the public interest will not be served by allowing the property owners to
take the contract for the construction of the improvements and therefore that, pursuant
to Section 20487 of the California Public Contract Code; no notice of award of contract
shall be published.
APPROVED AND ADOPTED on this 19th day of Fe
Mayor
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss
CITY OF BALDWIN PARK
I, Rosemary Ramirez, CMC, Chief Deputy City Clerk of the City of Baldwin Park,
hereby certify that Resolution No. 2003-007 was duly passed and adopted at a regular
meeting of the City Council held on February 19. 2003. and said Resolution was passed
and adopted by the following vote:
AYES:
COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: CQUNCILMEMBERS:
ROSEMARY
Chief Deputy
IREZ. CMC
Clerk
Bill Van Cleave, Linda Gair, Ricardo Pacheco,
Mayor Pro Tern Marlen Garcia and Mayor
ManuelLozano
None
None
None
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