RESOLUTION NO. -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL APPROVING THE ENGINEER’S REPORT, CONFIRMING THE DIAGRAM AND
ASSESSMENT, AND ORDERING THE LEVY OF ASSESSMENTS FOR FISCAL YEAR 2023-24 IN ASSESSMENT DISTRICT NO. 22
WHEREAS, on February 6, 2023, the City Council adopted Resolution No. 7-23 directing the preparation and filing of the fiscal year (FY) 2023-24 Annual Report for Assessment District No. 22 (AD 22); and
WHEREAS, on May 15, 2023, the City Council adopted Resolution No. 32-23 entitled “A Resolution of Intention of the City Council of the City of Pleasant Hill to Order Improvements, Levy Assessments, and Provide for Public Hearing and Notice in Assessment District No. 22 for Fiscal Year 2023-24” (the Resolution of Intention); and WHEREAS, pursuant to the Resolution of Intention, the Engineer’s Report on the Levy and Collection of Assessments for FY 2023-24 for AD 22 prepared by Harris & Associates, was filed with the City Clerk and preliminarily approved subject to certain conditions set forth therein; and
WHEREAS, the Engineer's Report contains the proposed amounts of the assessments to be levied on assessable lots and parcels of land in all areas of AD 22 for FY 2023-24; the plans and specifications for the improvements; an estimate of the costs of the improvements; a diagram for the assessment district; and an assessment of the estimated costs of the improvements; a description of any substantial changes in the improvements; and the other matters required by Section 22565 through 22574 of the Streets and Highways Code; and WHEREAS, the individual assessments for FY 2023-24 are not proposed to be increased beyond the maximum assessment range approved in the engineer’s report for either Zone. For Grayson Woods, the assessment is proposed to be increased by the annual CPI, which is 5.598%.
This increase, from $319.84 to $337.74, is still below the maximum established assessment rate of $359.00 for Grayson Woods. The assessment rate for Gallery Walk is not proposed to be increased over the previous year ($187.50); and
WHEREAS, the Resolution of Intention directed that June 5, 2023, at 7:00 p.m. at 100 Gregory Lane, Pleasant Hill or via teleconference as noted on the posted agenda (available on the City’s official notice bulletin board, at the Pleasant Hill Police Department, and on the City’s web page a minimum of 72 hours before the meeting) be the time and place for the City Council to hold a public hearing on the proposed improvements and the proposed assessments for FY 2023-24; and
WHEREAS, a duly noticed public hearing was held on the proposed improvements and the proposed assessments for FY 2023-24 on June 5, 2023; and WHEREAS, the City Council considered all oral and written protests at the public hearing; and
WHEREAS, the City Council may proceed, pursuant to Section 22631 of the Streets and Highways Code, to adopt a resolution confirming the levy of the assessments on the assessable parcels of property in the Assessment District, and the adoption of such a resolution shall constitute the levy of assessments on all assessable lots and parcels of property within such zones for FY 2023-24; and
WHEREAS, the assessments which are contained in the Engineer’s Report and which will be levied on assessable lots and parcels of land in AD 22 will not exceed the amounts of the assessments which were approved by the property owners by assessment ballots in proceedings for the formation of AD 22.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that:
1. The public interest, convenience and necessity require that the levy be made.
2. The assessable lots and parcels or property benefited by the improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by the Boundary Map and Assessment Diagram of AD22 (FY 2023-24) filed in the office of the City Clerk, which is made a part hereof by this reference.
3. Any protests to the proposed improvements and the estimated costs and assessments have been accepted, noted and are overruled.
4. The Engineer’s Report is approved and confirmed, including:
(a) a description of the plans and specifications of the improvements, any substantial changes to the improvements, the Engineer’s estimate of the itemized and total costs and expenses of maintaining the improvements and of the incidental expenses in connection therewith; and
(b) the diagram showing AD 22, plans and specifications for the improvements to be maintained and the boundaries and dimensions of the respective lots and parcels of land within the assessment district; and
(c) the assessment of the total amount of the costs and expenses of the proposed maintenance of improvements upon the several lots and parcels of land in the assessment district in proportion to the estimated benefits to be received by such lots and parcels, respectively, from the maintenance, and of the expenses incidental thereto.
5. The Engineer’s Report, the Assessment Diagram, and the assessment contained therein for the payment of the costs of the maintenance and servicing of the improvements in AD 22 for FY 2023-24 are confirmed and hereby levied. The adoption and approval of the Engineer’s Report as a whole, and of the plans and specifications, estimate of costs and expenses, the diagram and the assessment, as contained in the report, as herein above determined and ordered, is intended to and shall refer and apply to the report, or any portion thereof.
6. Based upon oral and documentary evidence, including the Engineer’s Report, offered and received at the hearing, this City Council expressly finds and determines that: (a) each of the several lots, parcels of land, and property will be specially benefited by the installation and maintenance of the improvements; (b) the amount of the assessment imposed on any parcel will not exceed the reasonable cost of the proportional special benefit conferred on that parcels; and (c) there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the aforesaid finding and determination as to special benefits.
7. Immediately, upon the adoption of this resolution, but in no event later than August 10, 2023, following such adoption, the City Clerk, shall file a certified copy of the diagram and assessment and a certified copy of this resolution with the Auditor of the County of Contra Costa. Upon such filing, the County Auditor shall enter on the County property tax roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the Engineer’s Report. The assessments shall be collected at the same time and in the same manner as County taxes and all laws applying to the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County, the net amount of the assessments, after deduction of any costs of collections, shall be paid to the City of Pleasant Hill.
8. Upon receipt of the money representing the collection of the assessments, the City shall deposit said collections in a special fund to be used for the costs within the assessment district for the installing or constructing of improvements, servicing, and maintenance, herein ordered.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 5
th day of June, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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TIMOTHY M. FLAHERTY, Mayor
ATTEST:
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JUANITA DAVALOS, Acting City Clerk