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HomeMy WebLinkAboutReso 2007-132 RESOLUTION NO. 2007-132 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORTS FOR PROCEEDINGS FOR THE ASSESSMENT INCREASE FOR OPEN SPACE DISTRICT NOS. 3, 7, 9,23,20, ZONES 2, 4, AND 7, AND EASTLAKE MAINTENANCE DISTRICT NO. I ZONES A AND D, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING REGARDING THE PROPOSED ASSESSMENT INCREASES WHEREAS, the City Council of the City of Chula Vista has previously formed Open Space District Nos. 3, 7, 9, 23, 20, Zones 2, 4, and 7, and Eastlake Maintenance District No. I Zones A and D, (the "Open Space Districts" or the "Districts") pursuant to the terms of the "Landscaping and Lighting Act of 1972", (Streets and Highways Code Section 22500 and following) (the "1972 Act"), Article XIIID of the California Constitution ("Article XIIID"), the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act"), and Chula Vista Municipal Code Chapter 17.07 (the "Municipal Code") (the 1972 Act, Article XIIID, the Implementation Act and the Municipal Code are referred to collectively as the "Assessment Law"), that provides for the levy and collection of assessments by the City of Chula Vista to pay the maintenance and services of all improvements and facilities related to these Open Space Districts; and WHEREAS, on May 22, 2007, the City Council authorized the preparation of an Engineer's Report to initiate a Proposition 218 ballot process to consider increasing the assessments for Open Space District Nos. 3; 7; 9; 23; 20, Zones 2, 4 and 7; and Eastlake Maintenance District No. I Zones A and D; and WHEREAS, on May 22, 2007, the City Council approved an amendment to an agreement between the City and NBS Government Finance Group, dba NBS, for the purpose of assisting with the Proposition 218 ballot process; and WHEREAS, the Engineer Reports have been prepared by NBS and are presented to the Council tonight for approval in order to proceed with the Public Hearing set for August 7, 2007, in accordance with the Assessment Law; and WHEREAS, the City Council has carefully examined and reviewed the Engineer's Reports as presented, and is satisfied with each and all of the items and documents, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the special benefit received from the improvements to be maintained, as set forth in each Engineer's Report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: Resolution No. 2007-132 Page 2 1. That the above recitals are all true and correct and each Engineer's Report as presented consists ofthe following: A. Plans and specifications describing the improvements to be maintained and of the maintenance work; B. An estimate of the costs of maintenance of the improvements for Fiscal Year 2007/08; C. A diagram of the District, showing the area and properties proposed to be assessed; D. An annual assessment for Fiscal Year 2007/08 of the estimated costs of the maintenance of those improvements to be maintained, assessing the net amount upon all assessable lots andlor parcels within the District in proportion to the special benefits received; together with a formula pursuant to which such annual assessment may be adjusted annually for inflation pursuant to the Assessment Law without the necessity for additional assessment ballot procedures. 2. That it approves the Engineer's Reports, as presented, and orders the Engineer's Reports to be filed in the Office of the City Clerk as a permanent record to remain open to public inspection. 3. That the boundaries of each District are described as the boundaries previously defined in the formation documents of the original Districts, within the boundaries of the City of Chula Vista, County of San Diego, State of California; as shown upon the diagrams of the Open Space District Nos. 3; 7; 9; 23; 20, Zones 2, 4 and 7; and Eastlake Maintenance District No.1 Zones A and D, which are on file in the office of the City Clerk. 4. That it declares its intention to increase assessments in Open Space District Nos. 3; 7; 9; 23; 20, Zones 2, 4 and 7; and Eastlake Maintenance District No. I Zones A and D, over and including the land within each District boundary, and to levy and collect increased assessments on all such land to pay the annual costs of the maintenance of improvements. 5. That it finds that the public's best interest requires such levy and collection. 6. That the maintenance activities of the areas to be maintained by each District include but are not limited to, the repair, removal or replacement of all or any part of any improvement and to provide for the life, growth, health and beauty of the landscaping, including irrigation, fertilization, removal of weeds, trash and litter, pruning of trees and shrubs, replacement of dead or diseased trees and shrubs, and weed abatement. 7. That it calls an assessment ballot proceeding pursuant to the Assessment Law, on behalf of the Districts to authorize the increased assessments within Open Space District Nos. 3; 7; 9; 23; 20, Zones 2, 4 and 7; and Eastlake Maintenance District No. I Zones A and D. --_._--~-~-~---_._..__.---' Resolution No. 2007-132 Page 3 8. That the assessment ballot proceeding for each District to authorize the increased assessments and the assessment range formula to allow for reasonable increases, pursuant to the Assessment Law, consists of a ballot, included with the mailed notice, distributed by mail, to the property owners of record within each District as of the County's last equalized roll. 9. That each property owner's vote is weighted according to the proportional financial obligation of the affected property. 10. That property owners may return the ballot by mail or in person to the City Clerk not later than the conclusion of the Public Hearing on the August 7, 2007. 11. That, at the Public Hearing, pursuant to the Assessment Law, the City shall tabulate the ballots, which shall be weighted according to the proportional financial obligation of the affected property, to determine if a majority protest exists. 12. That a majority protest exists if, upon the conclusion of the Public Hearing, ballots submitted in opposition to the assessments exceed the ballots submitted in favor of the assessments for each District. 13. That for Fiscal Year 2007/08, the proposed assessment increases are outlined in the Engineer's Reports which detail the annual assessments and formulas. 14. That it declares its intention to conduct a Public Hearing concerning levy of assessments for each District in accordance with the Assessment Law. 15. That the City shall give notice of the time and place of the Public Hearing to all property owners by providing a mailed assessment ballot to vote on the proposed assessment increase. 16. That the City must receive the ballots prior to the conclusion of the Public Hearing, at which time they will be tabulated. 17. That all interested persons shall be afforded the opportunity to be heard at the Public Hearing. 18. That Notice is given that a Public Hearing on the proposed increase in assessments for these Open Space Districts will be held by the City Council on August 7, 2007 at 6:00 p.m., in the City Council Chambers, located at 276 Fourth Avenue, Chula Vista, California 91910. 19. That it directs the City Clerk to publish the assessments pursuant to Government Code Section 6061. Presented by Approved as to form by /2b--~c::? s:? Scott Tulloch Acting Assistant City Manager/City Engineer b\) \ 'N\~\ ~\w -N,\l'\ \i Ann Moore \ City Attorney Resolution No. 2007-132 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of June 2007 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl ~!:tio~ ATTEST: -~~ ~ L -- &...LJ~ ~-- Susan Bigelow, MMC, City lerk 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. 2007-132 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 5th day of June 2007. Executed this 5th day of June 2007. --~)/~~~ Susan Bigelow, MMC, City lerk