HomeMy WebLinkAboutReso 2007-216
RESOLUTION NO. 2007-216
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION FOR PROPOSED
ASSESSMENT INCREASES FOR OPEN SPACE
DISTRICT NOS. 3; 7; 9; 20 ZONES 2, 4, AND 7; 23; AND
EASTLAKE MAINTENANCE DISTRICT NO.1 ZONES A
AND D; ORDERING MAINTENANCE WORK THEREIN,
AND THE LEVY AND COLLECTION OF ASSESSMENTS
WHEREAS, the City Council of the City of Chula Vista, has previously formed Open
Space District Nos. 3, 7, 9, 20 Zones 2, 4, and 7, 23 and Eastlake Maintenance District No. 1
Zones A and D, 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 XmD of the Constitution of the State of California ("Article
XIIID") the Proposition 218 Omnibus Implementation Act (Government Code Section 53750
and following) (the "Implementation Act") and the City of Chula Vista Municipal Code (the
"Municipal Code"), (the Landscaping Act, Article XIlID and the Implementation Act and
Municipal Code are referred to collectively herein 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 thereto; and,
WHEREAS, the City has retained NBS for the purpose of assisting with increasing the
assessments for Open Space District Nos. 3, 7, 9, 20 Zones 2, 4 and 7, 23 and Eastlake
Maintenance District No.1 Zones A and D, to prepare and file the reports with the City Clerk in
accordance with the Assessment Law; and
WHEREAS, the reports have been prepared by NBS and approved by the City Council in
order to proceed with the Public Hearing set for August 7, 2007, in accordance with the
Assessment Law; and
WHEREAS, notice of such public hearing accompanied by assessment ballots were
mailed to the record owners of property within the Districts in accordance with the provisions of
the Assessment Law;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. The above recitals are all true and correct.
PROCEDURES
SECTION 2. This City Council hereby finds and determines that the procedures for the
consideration of the levy of the increased assessments have been undertaken in
accordance with the Assessment Law.
Resolution No. 2007-216
Page 2
ASSESSMENT BALLOT PROCEDURES
SECTION 3. Assessment ballots were mailed as required by Assessment Law to the record
owners of all properties within each 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 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 the District has been found to exist.
ORDERING OF ASSESSMENT INCREASE
SECTION 4. This City Council hereby orders the assessment increase for each District.
DETERMINATION AND CONFIRMATION
SECTION 5. 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 for
Fiscal Year 2007/2008 and the maximum annual assessments proposed to be
imposed to pay for the estimated costs of the maintenance of all of the
improvements to ultimately be maintained upon the completion and acceptance
ofthereof:
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.
C. Only the special benefits have been assessed.
The assessments for the District contained in the Assessment Engineer's Report
for Fiscal Year 2007/2008 are hereby confirmed and levied upon the respective
lots o~ parcels in the District in the amounts as set forth in such Assessment
Engineer's Report. These assessments supersede and supplant previous
assessment amounts approved July 10,2007 by Resolution No. 2007-173, the
subsequent annual assessments in amounts not to exceed the maximum annual
assessment of the estimated costs of the maintenance of all of the improvements
to ultimately be maintained upon the completion and acceptance of thereof as set
,
_J
Resolution No. 2007-216
Page 3
forth in the Assessment Engineer's Report may be subsequently confirmed and
levied without further assessment ballot proceedings pursuant to the Assessment
Law. Each fiscal year after the base year (Fiscal Year 2007/2008), the maximum
assessment shall be the prior year's assessment increased or decreased by an
inflation factor which is the lesser of (1) the January to January San Diego
Metropolitan Area All Urban Consumer Price Index (CPI) or (2) the change in
estimated California Fourth Quarter Per Capita Personal Income as contained in
the Governor's budget published in January.
ORDERING OF MAINTENANCE
SECTION 6. 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.
FILING WITH CITY CLERK
SECTION 7. The assessment 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.
FILING WITH THE COUNTY AUDITOR
SECTION 8. 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.
ENTRY UPON THE ASSESSMENT ROLL
SECTION 9. 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.
COLLECTION AND PAYMENT
SECTION 10. 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.
FISCAL YEAR 2007/2008
SECTION 1 I. 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 1,2007 and ending June 30, 2008.
Resolution No. 2007-216
Page 4
Presented by
Approved as to form by
~~
Scott Tulloch
Assistant City Manager/City Engineer
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Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of August 2007 by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Ramirez, Rindone, and Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
Chcryl Co~
ATTEST:
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Susan Bigelow, MMC, City rk
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. 2007-216 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 14th day of August 2007.
Executed this 14th day of August 2007.
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Susan Bigelow, MMC, City rk