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HomeMy WebLinkAboutCC Resolution 13182 (Confirming Assessment & Ordering Work Acquisitions)RESOLUTION NO. 13182 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS, LEVYING FIRST ASSESSMENTS AND DIRECTING ACTIONS WITH RESPECT THERETO RESOLVED, by the City Council (the "Council") of the City of San Rafael (the "City") as follows: Section 1. Resolution of Intention. On May 2, 2011, the Council adopted its resolution entitled "Resolution of the City Council of the City of San Rafael Declaring its Intention to Order Formation of the Pt. San Pedro Road Median Landscaping Assessment District, to Levy and Collect Assessments, and to Issue Bonds; and for Such Purpose Setting a Public Hearing, and Directing the Mailing of a Notice of the Public Hearing and Ballot on Formation of the District to Affected Property Owners" (the "Resolution of Intention") declaring its intention (a) to order the formation of an assessment district designated "City of San Rafael Pt. San Pedro Road Median Landscaping Assessment District" (the "Assessment District") pursuant to the Landscaping and Lighting Act of 1972, Part 2, commencing with Section 22500, of Division 15 of the California Streets and Highways Code (the "Act"), (b) to levy and collect assessments with respect to the Assessment District, and (c) to issue bonds pursuant to the Act (the "Bonds"). Section 2. Engineer's Report. Under the Resolution of Intention, Willdan Financial Services, of Temecula, California, was designated as the Engineer of Work for the Assessment District. The Engineer of Work caused to be prepared a report (the "Engineer's Report"), containing the information required by Sections 22565-22547 of the Act and filed the Report with the City Clerk. The Report was deemed sufficient and preliminarily approved as the Engineer's Report for all subsequent proceedings for the City for the Assessment District. Reference is hereby made to the Engineer's Report for a full and detailed description of the improvements and maintenance services, the boundaries of the Assessment District, and the proposed assessments upon assessable lots and parcels of land within the Assessment District. Section 3. Public Hearing. Pursuant to the Act and the Resolution of Intention, the Council ordered that a public hearing be held before the Council, in the meeting place thereof, City Council Chambers, City Hall, 1400 Fifth Avenue, San Rafael, California, on the 20th day of June, 2011, at the hour of 8:00 p.m., on the questions of the formation of the Assessment District and the levy of the proposed assessments, and for the purposes of this Council's determination whether the public interest, convenience and necessity require the improvements and the maintenance services, and whether the properties in the Assessment District are specially benefited by the improvements and maintenance services. As required by law, notices of the hearing, including assessment ballots, were mailed to the owners of properties in the Assessment District. The hearing was held, and all persons interested and desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the acquisitions and improvements were fully heard and considered by the Council, and any protests, both written and oral, were duly heard, considered, and all assessment ballots submitted by property owners were received and tabulated by the City Clerk, an impartial person designated by the Resolution to conduct the tabulation, with the assistance of the City's consultants. Section 4. Assessments Approved. It is hereby determined that, upon the conclusion of the public hearing, and after tabulation of the assessment ballots submitted, no majority protest against the assessment existed because the assessment ballots submitted in opposition to the assessment did not exceed the ballots submitted in favor of the assessment. In the tabulation, the ballots were weighted according to the proportional financial obligation of the affected properties. The assessments are hereby determined to be approved. All protests against the proposed Assessment District, the assessments, the Engineer's Report, or the maps or boundaries of Assessment District, in whole or in part, written and oral, are hereby overruled. Section 5. Public Interest. The public interest, convenience and necessity require the establishment of the Assessment District and the levy of assessments therein. Section 6. District Described. The Assessment District specially benefited and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by the assessment diagram thereof filed in the office of the City Clerk, which map is made a part hereof by this reference. Section 7. Engineer's Report Approved. The Engineer's Report, in the form on file in the office of the City Clerk and to which reference is hereby made for further particulars, including the estimates of costs and expenses, the apportionment of assessments and the assessment diagram contained in the Engineer's Report, is hereby approved and confirmed and shall stand as the Engineer's Report for these and all future proceedings for the Assessment District. Final approval of the Engineer's Report is intended to and shall refer and apply to the Engineer's Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council. Section 8. Benefits Determined. Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the public hearing, this Council expressly finds and determines that: (a) each parcel in the Assessment District will be specially benefited by the improvements and maintenance activities at least in the amount, if not more than the amount, of the assessment apportioned against that respective parcel; and (b) there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the finding and determination as to special benefits. Section 9. District Established and Assessments Confirmed and Levied. The Council hereby orders that the Assessment District is established for the purpose of providing the improvements and maintenance services set forth in the Resolution of Intention and the Engineer's Report, as confirmed, and that the assessments to pay the costs and expenses of such improvements and maintenance services set forth in the Engineer's Report for the fiscal year 2011-12 are hereby confirmed and hereby levied. Reference is hereby made to the Resolution of Intention and the Engineer's Report for further particulars. Section 10. Collection Ordered. Collection of the assessments shall commence with the fiscal year 2011-12. With the assistance of the Engineer of Work, the City Clerk shall cause a copy of the assessment diagram to be recorded in the office of the County Recorder of the County of Marin concurrently with and as part of the records submitted by the City for the collection of the assessments herein confirmed for the fiscal year 2011-12. Section 11. Proceeds of Collections. The Director of Finance shall establish a fund, separate and distinct from other funds of the City and designated "City of San Rafael Pt. San Pedro Road Median Landscaping Assessment District Improvement Fund" (the "Improvement Fund") into which shall be sm deposited all sums received from the collections of the assessments. The Improvement Fund may be invested in lawful investments for the City that are consistent with the City's applicable investment policies. The moneys in the Improvement Fund shall be applied to the acquisition and construction of the improvements, the payment of debt services on the Bonds, maintenance activities and approved expenses of the District. Section 12. Effective Date. This resolution shall be effective upon the date of its adoption. 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 special meeting of the Council of the City of San Rafael held on the 22nd day of June, 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None N ESTHER C. BEIRNE, City Clerk