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HomeMy WebLinkAboutReso 2000-368 RESOLUTION NO. 2000-368 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION WITHIN UNIT 26 OF EASTLAKE MAiNTENANCE DISTRICT NO. 1, ORDERING MAINTENANCE WORK THEREIN, CONFIRMiNG THE DIAGRAM AND ASSESSMENT AND PROVIDiNG FOR THE LEVY OF THE ANNUAL ASSESSMENT THEREiN WHEREAS, the City Council has initiated proceedings for the levy of the annual assessment on property known and designated as EastLake Greens Unit R-16 ("Unit 26") which is a part of an existing maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Landscaping Act"), Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the Landscaping Act, Article XIIID and the Implementation Act may be referred to collectively herein as the "Assessment Law"), such maintenance district known and designated as EastLake Maintenance District No. 1 (the "District"), and WHEREAS, at this time all notice, public heating and assessment ballot procedural requirements have been met relating to the levy of the annual assessments within Unit 26, and, WHEREAS, the City Council previously received and preliminarily approved a report from the Assessment Engineer (the "Assessment Engineer's Report") and this City Council is now satisfied with the assessment and diagram and all other matters as contained in the Assessment Engineer's Report as now submitted for final consideration and approval. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION2. PROCEDURES. This City Council hereby finds and determines that the procedures for the consideration of the levy of the assessments within Unit 26 have been undertaken in accordance with the Assessment Law. SECTION 3. ASSESSMENT BALLOT PROCEDURES Assessment ballots were mailed as required by Assessment Law to the record owners of all properties within Unit 26 which are proposed to be assessed. The assessment ballots that were completed and received by the City Clerk prior to the close of the public heating have been tabulated in accordance with the procedures established by Assessment Law and this City Council and the results of such tabulation have been submitted to this City Council. This City Council hereby finds that the assessment ballots submitted in favor of the levy of assessments as shown in the Assessment Engineer's Report as weighted in accordance with Assessment Law exceed the assessment ballots submitted in opposition to such levy also as weighted in accordance with Assessment Law. Therefore, no majority protest to the levy of assessments within Unit 26 has been found to exist. Resolution 2000-368 "'~h, Page 2 { ' SECTION 4. DETERMINATION AND CONFIRMATION. Based upon the Assessment Engineer's Report and the testimony and other evidence presented at the public hearing, the City Council hereby makes the following determinations regarding the assessments proposed to be imposed on the properties within Unit 26 for Fiscal Year 2001/2002: a The proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses. b The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel from the improvements to be maintained. c Only the special benefits have been assessed. d There are no parcels within the District that are owned or used by a local government, the State of Califomia or the United States. The assessments for the properties within Unit 26 contained in the Assessment Engineer's Report for the next fiscal year are hereby confirmed and levied upon the respective lots or parcels in Unit 26 in the amounts as set forth in such Assessment Engineer's Report. Assessments may be increased in next Fiscal Year and each Fiscal Year thereafter without further compliance with the assessment ballot procedures required under the Assessment Law by the lesser of the January to January San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or the change in the estimated Califomia fourth quarter per capita personal income as contained in the Govemor's budget. SECTION 5. ORDERING OF MAINTENANCE. The public interest and convenience requires, and this legislative body does hereby order the maintenance work to be made and performed as said maintenance work is set forth in the Assessment Engineer's Report and as previously declared and set forth in the Resolution of Intention. SECTION 6. FILING WITH CITY CLERK. The above-referenced diagram and assessment shall be filed in the Office of the City Clerk. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. SECTION 7. FILING WITH THE COUNTY AUDITOR. The City Clerk is hereby ordered and directed to immediately file a certified copy of the diagram and assessment with the County Auditor. Said filing to be made no later than the 3rd Monday in August. SECTION 8. ENTRY LIPON THE ASSESSMENT ROLL After the filing of the diagram and assessment, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessment. SECTION 9. COLLECTION AND PAYMENT. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. Resolution 2000-368 Page 3 SECTION 10. FISCAL YEAR 2001/2002. The assessments as above confirmed and levied for these proceedings will provide revenue to finance the maintenance of authorized improvements in the fiscal year commencing July 1, 2001 and ending Jtme 30, 2002. Presented by Approved as to form by ~Public Wor s irector jo~Te. Kah, a~enyt~. o ~') k~~'~(f~'cST'~/' City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of October, 2000, by the following vote: AYES: Councilmembers: Davis, Moot, Padilia, Salas, and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ~y Horton, Mayor ATTEST: Susan Bigelow, City ClericT~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2000-368 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of October, 2000. Executed this 17th day of October, 2000. Susan Bigelow, ~