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HomeMy WebLinkAboutReso 2002-210 RESOLUTION NO. 2002-210 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO PROVIDE FOR THE LEVY AND COLLECTION OF ASSESSMENTS IN OPEN SPACE DISTRICT NO. 23 (OTAY RIO BUSINESS PARK) FOR FISCAL YEAR 2002/2003, AND TO AMEND THE AREAS TO BE MAINTAINED; APPROVING THE PRELIMINARY ENGINEER'S REPORT; SETTING THE TIME AND PLACE FOR A PUBLIC HEARING, AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES WHEREAS, the City Council of the City of Chula Vista has previously formed a 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. Such District is known and designated as Open Space District No. 23 (the "District"); and WHEREAS, at this time the City Council desires to take proceedings to amend the areas to be maintained in the District and provide for the annual levy of assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance of the existing areas and proposed additional areas in said District; and WHEREAS, there has been presented to the City Council the Assessment Engineer's Report, as required by the State of California's "Assessment Law" (Article XIIID of the Constitution of the State of California; the Proposition 218 Omnibus Implementation Act-Government Code Section 53750, et seq.; the Landscaping and Lighting Act of 1972 are collectively referred as the "Assessment Law"), and this City Council desires to continue with the proceedings for said annual levy; and WHEREAS, this City Council has now carefully examined and reviewed the Assessment Engineer's Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the special benefits received from the areas to be maintained, as set forth in the Assessment Engineer's Report and this City Council desires to preliminarily approve such report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY OF CHULA VISTA, CALIFORNIA, AS FOLLOWS: 1. Recitals. The above recitals are all tree and correct. 2. Declaration of Intention. The public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of the existing areas and proposed additional area for the above-referenced District, said existing areas and proposed additional area generally described in Exhibit A hereto which is incorporated herein by this reference. 3 Boundaries of District. The existing areas and the proposed additional area to be maintained are of special benefit to the properties within the boundaries of said District. For particulars, reference is made to the boundary map as previously approved by this legislative body, a copy of Resolution 2002-210 Page 2 which is on file in the Office of the City Clerk of the City of Chula Vista and open for public inspection, and is designated by name of this District. 4. Report of Assessment Engineer. The Assessment Engineer's Report, as presented, is hereby approved on a preliminary basis, and is ordered to be filed in the office of the City Clerk as a permanent record and to remain open to public inspection. Reference is made to said Assessment Engineer's Report for a full and detailed description of the existing areas and the additional area proposed to be maintained, the boundaries of the District, and the proposed assessments upon assessable lots and parcels of land within the District. 5. Assessments. All costs and expenses of the maintenance and incidental expenses have been apportioned and distributed to the benefiting parcels in accordance with the special benefits received from the existing and/or proposed additional improvements. Assessments are proposed to be levied within the range of assessments proposed to be established for properties within the District as set forth in the Assessment Engineer's Report. The maximum assessment within such range shall be increased or decreased every fiscal year thereafter by the lesser of the annual percentage change in the San Diego Metropolitan Area All Urban Consumer Price Index (ail items) or the annual percentage increase, if any, in the California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. 6. Public Hearing. Notice is hereby given that a public hearing is hereby scheduled in the regular meeting place of this legislative body located at 276 Fourth Avenue, Chula Vista, California 91910 on the following date and time: August 6, 2002 at 4:00 P.M. At such time the legislative body will consider and finally determine whether to levy the proposed annual assessment. The City Council shall consider ail objections or protests, if any, to the annual assessment proposed to be levied within the District. The City Council shall also determine whether assessment ballots submitted pursuant to the Assessment Law in opposition to the assessments proposed to be levied within the District exceed assessment ballots submitted in favor of such proposed assessments, as applicable. Pursuant to provisions of the Assessment Law, each record owner of property located within the District proposed to be assessed has the right to submit an assessment ballot in favor of or in opposition to the proposed assessment. Assessment ballots will be mailed to the record owner of each parcel located within the District subject to the proposed assessment. Each such owner may complete such assessment ballot and thereby indicate their support for or opposition to the proposed assessment. All such assessment ballots may be delivered by mail or personal delivery to the City Clerk at the following address at or before 4:00 P.M. on August 6, 2002: Resolution 2002-210 Page 3 City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 All assessment ballots must be received by the City Clerk prior to the close of the public testimony during the public hearing on August 6, 2002. AN ASSESSMENT BALLOT RECEIVED AFTER THE CLOSE OF THE PUBLIC HEARING WILL NOT BE TABULATED EVEN THOUGH THE POSTMARK ON THE ENVELOPE TRANSMITIING THE ASSESSMENT BALLOT IS DATED ON OR BEFORE AUGUST 6, 2002. At the conclusion of the public hearing on August 6, 2002, the City Council shall cause the final tabulation of the assessment ballots timely received. If a majority protest exists as to the levy of the proposed assessment, the City Council shall not impose the assessment proposed to be levied. A majority protest to the levy of an assessment exists if, upon the conclusion of the public hearing, assessment ballots submitted in opposition to the assesments exceed the assessment ballots submitted in favor of such assessments. In tabulating the assessment ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. _ If a majority protest is found to exist, the City Council may nevertheless levy the assessment in the same amount as levied in Fiscal Year 2001/2002. 7. Notice of Public Hearing. The City Clerk is hereby directed to mail notice pursuant to the Assessment Law of the public hearing and assessment ballot proceedings and the adoption of the Resolution of Intention and of the filing of the Assessment Engineer's Report, together with the assessment ballot materials, to the record owners of all real property located within the District. 8. Proceedings Inquiries. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: John Lippit Director of Public Works City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5021 9. Effective Date. This resolution shall become effective upon its adoption. The provisions of this resolution shall supercede the provisions of Resolution No. 2002-194 adopted on June 11, 2002 only as such resolution applies to the District. Resolution 2002-210 Page 4 Presented by Approved as to form by Jo~fn P. Lipi~itt' John ~. Kaheny -'~ Pdblic Works Director ~y/Attomey ~ PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of June, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shiney Horn, Mayor ' ATYEST: Susan Bigelow, City Clerk ff 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. 2002-210 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of June, 2002. Executed this lgth day of June, 2002. Susan Bigelo~, Cig/Clerl~