HomeMy WebLinkAboutReso 2002-290 RESOLUTION NO. 2002-290
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION WITHIN OPEN
SPACE MAINTENANCE DISTRICT NO. 23 (OTAY RIO
BUSINESS PARK), ORDERING MAINTENANCE WORK
THEREIN, AND CONFIRMING THE DIAGRAM AND
ASSESSMENT AND PROVIDING FOR THE LEVY OF THE
ANNUAL ASSESSMENT THEREIN FOR FISCAL YEAR
2002/2003
WHEREAS, the City Council of the City of Chula Vista, California, has initiated
proceedings for the levy of the annual assessment on property within 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 Impl~'nentation 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") to finance the costs and expenses of
maintenance of the existing open space and landscaped areas and proposed additional landscaped
areas therein, such maintenance district known and designated as Open Space Maintenance
District No. 23 (Otay Rio Business Park) (the "District"); and
WHEREAS, at this time all notice, public hearing and assessment ballot procedural
requirements have been met relating to the levy of the annual assessments within the District;
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 tree and correct.
SECTION2. PROCEDURES. This City Council hereby finds and determines that the
procedures for the consideration of the levy of the assessments within the District 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 the District 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 hearing 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
Resolution 2002-290
Page 2
weighted in accordance with Assessment Law. Therefore, no majority protest to the levy of
assessments within the District has been found to exist.
SECTION 5. 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 the District for Fiscal Year 2002/2003:
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 existing open space and landscaped areas and the
additional landscaped areas 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 California or the United States.
The assessments for the properties within the District contained in the Assessment Engineer's
Report for the next fiscal year are hereby confirmed and levied upon the respective lots or
parcels in the District 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 annual pementage change in the San Diego Metropolitan Area All Urban
Consumer Price Index (all 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.
SECTION 6. 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 7. FILING WITH THE 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 8. 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 9. ENTRY UPON 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 10. 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 2002-290
Page 3
SECTION 11. FISCAL YEAR 2002/2003. 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, 2002 and ending June 30, 2003.
Presented by Approved as to form by
Jo p
PuBlic Works Director (Ag~ty Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of August, 2002, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Shirley HortoeffMayor
ATTEST:
Susan Bigelow, City Clerk
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. 2002-290 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 6th day of August, 2002.
Executed this 6th day of August, 2002.
Susan Bigelow, City Clerk