HomeMy WebLinkAboutCC Resolution 13386 (Pt. San Pedro Median Landscaping)RESOLUTION NO. 13386
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL CONFIRMING THE ENGINEER'S ANNUAL LEVY
REPORT FOR THE PT. SAN PEDRO ROAD MEDIAN
LANDSCAPING ASSESSMENT DISTRICT; THE ASSESSMENT
DIAGRAM CONNECTED THEREWITH; AND ORDERING THE
LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL
YEAR 2012/2013
RESOLVED, by the City Council (the "Council") of the City of San Rafael (the "City") as
follows:
WHEREAS, the City Council pursuant to the provisions of the Landscaping and
Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code,
commencing with Section 22500 (the "1972 Act"), did by previous Resolution, initiate
proceedings for the annual levy of assessments for the San Rafael Pt. San Pedro Road Median
Landscaping Assessment District (the "District") for Fiscal Year 2012/2013 for the special
benefits received by properties therein from the improvements related thereto in accordance with
the provisions of the California Constitution Article XIIID (the "Constitution"); and,
WHEREAS, an Engineer's Report, entitled "City of San Rafael, Engineer's Annual
Report, Pt. San Pedro Road Median Landscaping Assessment District, Fiscal Year 2012-2013", a
copy of which is attached hereto as Exhibit A ("Engineer's Report") containing an Assessment
Diagram has been prepared, filed and presented to the City Council in connection with the
proposed annual levy of assessments for parcels within the District for Fiscal Year 2012/2013 as
required by the 1972 Act and the Constitution; and,
WHEREAS, the City Council has duly held a public hearing regarding these matters and
the City Council desires to levy and collect the annual assessments against parcels of land within
the District for the fiscal year commencing July 1, 2012 and ending June 30, 2013 (Fiscal Year
2012/2013), to pay the costs and expenses determined to be of special benefit to the properties
within the District, as described in the Engineer's Report.
NOW, THEREFORE IT IS HEREBY RESOLVED that:
Section 1: The above recitals are true and correct.
Section 2: Based on testimony given and the documents and discussion presented, the City
Council has directed and confirmed any necessary modifications or amendments to the
Engineer's Report previously presented and filed, and said modifications or amendments so
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reflected by the minutes of this meeting shall by reference be incorporated into the approved
Engineer's Report.
Section 3: The Engineer's Report and Assessment Diagram connected therewith as
approved, shall constitute the territory and properties within the District, and shall be the basis
upon which the annual assessments are calculated in accordance with the method of
apportionment and the assessment rates as described therein. Said assessments as described in
the Engineer's Report as submitted or amended, including the assessment range formula, are
herby confirmed and adopted by the City Council.
Sections 4: Based upon its review of the Engineer's Report (including any amendments, as
applicable), which has been filed with the City Clerk, the City Council hereby finds and
determines that:
4a) The land within the boundaries of the District will receive special benefit from the
improvements, services, activities and all appurtenant facilities and expenses related thereto, that
are to be provided by the District as outlined in the Engineer's Report.
4b) The boundaries of the District as defined by the Assessment Diagram contained in
the Engineer's Report includes all of the lands receiving such special benefit.
4c) The net amount to be assessed upon the lands within the District, has been
apportioned by a formula and method which fairly distributes the net amount among all eligible
parcels in proportion to the special benefit to be received by each parcel from the improvements
and services to be provided commencing with Fiscal Year 2012/2013.
Section 5: The City Council hereby orders the proposed improvements as described in the
Engineer's Report to be made. The improvements so described generally include, but are not
limited to, the construction, installation, maintenance, operation, servicing and financing of the
median landscaping within the District or directly associated with the properties therein for the
special benefit of those properties.
Section 6: The adoption of this Resolution confirms the Assessment Diagram in the
Engineer's Report which defines the boundaries of the District; the maximum assessment rate
applicable to the District including the assessment range formula; and the assessments to be
levied for the fiscal year commencing July 1, 2012 and ending June 30, 2013, as described in the
Engineer's Report and adopted by the City Council.
Section 7: The City Clerk shall certify to the passage and adoption of this Resolution, and
the minutes of this meeting shall so reflect the City Council's adoption and confirmation of the
Assessment Diagram for the District; and the assessments to be levied for Fiscal Year 2012/2013
as described in the Engineer's Report.
Section 8: The City Clerk or their designee is hereby authorized and directed to file the levy
of assessments for Fiscal Year 2012/2013 as approved, with the County Auditor of Marin upon
adoption of the Resolution confirming the annual assessments for all parcels in the District, and
such levies shall be collected at the same time and in the same manner as the County taxes are
collected.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a scheduled meeting of the City
Council of the City of San Rafael on Monday, the 16th day of July, 2012, by the following vote,
to wit:
AYES: COUNCILMEMBERS: Connolly, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller, Levine
ESTHER C. BEIRNE, City Clerk