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HomeMy WebLinkAboutReso 2007-217 RESOLUTION NO. 2007-217 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING MAINTENANCE WORK AND THE LEVY AND COLLECTION OF ASSESSMENTS ON OPEN SPACE DISTRICT 20, ZONE 4 (BUSINESS CENTER) 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 (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 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 Landscaping Act, Article XIIID, Implementation Act and 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 related facilities; and WHEREAS, the City has retained NBS Government Finance Group, dba NBS, for the purpose of assisting with a Proposition 218 ballot process to consider 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, and to prepare and file the reports with the City Clerk in accordance with the Assessment Law; and WHEREAS, the reports were 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 the 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 by the City Council of the City ofChula Vista as follows: 1. That the above recitals are true and correct. 2. That, with respect to District 20, Zone 4, it 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. 3. That, with respect to District 20, Zone 4, it finds that assessment ballots were mailed as required by Assessment Law to the record owners of all properties within that District. Resolution No. 2007-2] 7 Page 2 4. That, with respect to District 20, Zone 4, it finds that 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 the City Council and that the results of the tabulation have been submitted to the City Council. 5. That, with respect to District 20, Zone 4, it 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 District 20, Zone 4 has been found to exist. 6. That it orders the assessment increase on District 20, Zone 4. 7. That it finds and determines, based upon the Assessment Engineer's Report, any testimony and other evidence presented at the Public Hearing, 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 be maintained in District 20, Zone 4, as follows: 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. 8. That the maximum allowable assessment per EDU for Fiscal Year 2007/2008 III District 20, Zone 4 is $52.00. 9. That this assessment supersedes and supplants the previous assessment amount approved July] 0, 2007, by Reso]ution No. 2007-] 73, for District 20, Zone 4 and the subsequent annual assessments in amounts not to exceed this new maximum allowable assessment may be subsequently confirmed and levied without further assessment ballot proceedings pursuant to the Assessment Law. 10. That it orders the maintenance work to be performed as the maintenance work is set forth in the Assessment Engineer's Report. ] ]. That it directs that the assessment diagram and assessment be filed in the Office of the City Clerk and that the certified copy of the diagram and assessment be open for public inspection. ]2. That it directs the City Clerk to file a certified copy of the assessment diagram and assessment ",~th the County Auditor no later than the 3rd Monday in August. Resolution No. 2007-217 Page 3 13. That it finds and determines that 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. Presented by Approved as to form by ~~C7 Scott Tulloch Assistant City Manager/City Engineer Ov~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 14th day of August 2007 by the follO\",ing vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: ~~ll6.\ r ~ ~ Susan Bigelow, MMC, City erk 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. 2007-217 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. -~ ~) 1 1-0. , r- 0 Susan Bigelow, MMC, City C rk-