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HomeMy Public PortalAbout2004-087 (06-01-04)RESOLUTION NO. 2004.087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE PROPOSITION 218 ASSESSMENT BALLOT PROCEEDINGS PROCEDURES WHEREAS, Proposition 218 was adopted on November 6, 1996, adding Articles XIIIC and XIIID to the California Constitution; and WHEREAS, Articles XIIIC and XIIID of the California Constitution impose certain procedural and substantive requirements relating to assessments (as defined); and WHEREAS, the City of Lynwood has been complying with these new requirements of the California Constitution; and WHEREAS, some of the requirements of Proposition 218 are unclear and require judicial interpretation or legislative implementation; and WHEREAS, the City Council believes it to be in the best interest of the community to record its decisions regarding implementation of the provisions of Proposition 218 relating to assessments and to provide the community with a guide to those decisions and how they have been made; NOW, THEREFORE, the City Council of the City of Lynwood does hereby resolve as follows: SECTION 1: Statement of Legislative Intent. It is the City Council's intent in adopting this resolution, to adopt assessment ballot proceedings which are consistent, and in compliance with, Articles XIIIC and XIIID of the California Constitution and with the Proposition 218 Omnibus Implementation Act. It is not the intent of the City Council to vary in any way from the requirements of Articles XIIIC and XIIID or the Proposition 218 Omnibus Implementation Act. SECTION 2: Definition of Assessment. Proposition 218 defines "assessment" as any levy or charge upon real property by an agency for a special benefit conferred upon the real property. "Assessment" includes, but is not limited to, "special assessment," "benefit assessment," "maintenance assessment" and "special assessment tax." This means that an assessment which is not a charge upon real property for a special benefit conferred upon the real property is not an "assessment" for purposes of Article XIIID, Section 2(b) of the California Constitution. SECTION 3' City of Lynwood Assessments: The City of Lynwood currently imposes the following assessments. The purpose of each of these assessments is controlled by the engineer's report which was adopted when the assessment was imposed and is noted here in summary form. A. The Landscape Maintenance Assessment District pursuant to theLandscape and Lighting Act of 1972 B. The Street Lighting Maintenance Assessment District pursuant to the Streetighting Act of 1919 SECTION 4: Assessment Ballot Proceeding. The following procedures shall be used in an assessment ballot proceeding required by Article XIIID, Section 4 of the California Constitution: Ao Amount of Assessment. Only special benefits are assessable. The amount of each assessment shall be each identified parcel's proportionate share of the public improvement or property related service based upon that parcel's special benefit from the improvement or service. The amount shall be proportional to and no greater than the benefits conferred on the property. Bo Co Do Special Benefit. assessment: For purposes of determining the amount of the 1. Special benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the assessment district or to the public at large; 2. Special benefits are those which the property assessed receives, due to the improvement or service, in excess of the general public benefit; 3. The fact that the other property within the city or within the area will be, to a greater or lesser extent specially benefited by the improvement or service, will not have the effect of depriving assessed property of its character of specially benefited property; 4. Special benefit is immediate and of such a character as can be seen and traced. General benefits are remote and sometimes contingent. Engineer's Report. The City Council shall direct the filing of an engineer's report which shall comply with the applicable state statute authorizing the assessment and with Article XmD, Section 4 of the California Constitution. The engineer's report shall explain the special benefit, as defined in section 4B of this resolution, conferred by the improvement or property-related service. The engineer's report shall also provide the evidence upon which this council may find that a special benefit exists. If the improvement or service confers a general benefit, the engineer's report shall describe the general benefit and explain how it will be funded. Notice. The following guidelines shall apply to giving notice of an Eo assessment. 1. The record owner(s) of each parcel to be assessed shall be determined from the last equalized property tax roll. If the property tax roll indicates more than one owner, each owner shall receive notice. Only property owners shall receive notice. 2. The form of notice is attached to this resolution as Exhibit A. 3. The notice shall be sent at least forty-five (45) days prior to the date set for the public hearing on the assessment. 4. The notice provided by this section and in accordance with Article XIIID, Section 4 of the California Constitution, shall supersede and be in lieu of any other statutes requiring notice to levy or increase an assessment, including but not limited to the notice required by the state statute authorizing the assessment and Government Code section 54954.6. 5. Failure of any person to receive notice shall not invalidate the proceedings. 6. The cost of providing notice shall be included as a cost of the assessment district. Assessment Ballot. The following guidelines shall apply to the assessment ballot: 1. The ballot required by Article XIIID, Section 4(d) of the California Constitution shall be mailed to all property owners of record within the assessment district at least forty-five (45) days prior to the date of the public hearing on the proposed assessment. 2. The form of the ballot is attached to this resolution as Exhibit B. 3. All ballots must be returned to the city clerk by mail or in person, sealed in the envelope provided not later than the date for return of ballots stated on the notice described in section 4(D). A ballot must be signed under penalty of perjury. For properties with more than one owner of record, ballots will be accepted from each owner of record or their authorized agent. Each owner of record is entitled to vote. The city clerk shall apportion the voting rights between the owners based upon the respective recorded interests as the city clerk deems correct, proper, and appropriate. However, if only one owner of record votes, the City Clerk shall tabulate that vote on behalf of the entire parcel. A tenant of real property shall not have the power or authority to submit an assessment ballot. o Only ballots with original signatures, not photocopies, will be accepted. The City Clerk may issue a duplicate ballot to any property owner whose original ballot was lost or destroyed. Such ballots shall be clearly marked as duplicate ballots and shall be accompanied by sufficient information for the City Clerk to verify the location and ownership of the property in question and the identity of the individual casting the ballot in order to verify its authenticity. An assessment ballot proceeding is not an election. An assessment ballot is a "public record" as that phrase is defined by the Public Records Act but, to prevent harassment and intimidation of property owners, shall not be open to public inspection until after the conclusion of the assessment ballot proceeding. Tabulating Ballots. The following guidelines shall apply to tabulating assessment ballots: The City Clerk shall determine the validity of all ballots. The City Clerk shall accept as valid all ballots except those in the following categories: a) A photocopy of a ballot which does not contain an original signature; b) An unsigned ballot; c) A ballot which lacks an identifiable "yes" or "no" vote; d) A ballot which appears tampered with or otherwise invalid based upon its appearance or method of delivery or other circumstances. The City Clerk's decision, after consultation with the City Attorney that a ballot is invalid, shall be final and may not be appealed to the City Council. 2. A property owner who has submitted an assessment ballot may withdraw the ballot and submit a new or changed ballot up until the conclusion of the public hearing on the assessment. A property owner's failure to receive an assessment ballot shall not invalidate the proceedings conducted under this section and Section 4, Article XIIID of the California Constitution. Go Public Hearing. At the public hearing, the City Council shall hear all public testimony regarding the proposed assessment and accept ballots until the close of the public hearing. The City Council may impose reasonable time limits on both the length of the entire hearing and the length of each speaker's testimony. 3. At the conclusion of the hearing, the CitY Clerk shall complete tabulation of the ballots, including those received during the public hearing. 4. If it is not possible to tabulate the ballots that evening, or if additional time is necessary for public testimony, the City Council may continue the public hearing to a later date to receive additional testimony, information or to finish tabulating the ballots. 5. If according to the final tabulation of the ballots, ballots submitted against the assessment exceed the ballots submitted in favor of the assessment, weighted according to the proportional financial obligation of the affected property, a "majority protest" exists and the city council shall not impose or increase the assessment. Section 5. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this ! qt day of fluno_ City of Lynwood ,2004. ATTEST: ANDREA L. HOOPER, City Clerk City of Lynwood City Manager APPROVED AS TO FORM: y Attorney ity of Lynwood APPROVED AS TO CONTENT: YADOLLAH FARHADI, P.E. Director of Environmental Services/ City Engineer STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) SS. I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the 1st day of June AYES: COUNCILMEN NOES: NONE ,2004, and passed bythefollowing vote: PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ AND BYRD ABSTAIN: NONE ABSENT: NONE STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) ity Clerk, City of LynwooJ I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 2004.087 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this /~ofy June . City Clerk, City ofLynwood/