RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA,
CONFIRMING THE DIAGRAM AND ASSESSMENT RATES FOR THE
SOUTH MILLER STREET/SOUTH COLLEGE DRIVE
LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT NO. DS–6 AND ITS ASSOCIATED SPECIAL BENEFIT
ZONES FOR FISCAL YEAR 2023-2024
WHEREAS, the City Council has initiated proceedings for the levy of an annual assessment for a Landscape Maintenance District pursuant to the terms and provisions of the Landscaping and Lighting Act of 1972, Section 22620, et seq., of the Streets and Highways Code of the State of California, and Proposition 218 and its implementing legislation in a District known and designated as:
CITY OF SANTA MARIA
SOUTH MILLER STREET/SOUTH COLLEGE DRIVE
LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT NO. DS-6
WHEREAS, pursuant to the Streets and Highways Code, municipalities with the responsibility of providing the perpetual maintenance of additional public improvements associated with the development of each project are authorized to levy and collect an annual assessment for properties that have been annexed into a Landscape Maintenance District; and
WHEREAS, the City Council ordered the preparation of an Engineer’s Report, and the consulting Engineer prepared and filed it with the City Council for consideration pursuant to law. Subsequently, on June 20 , 20 23, the City Council received and considered a revised Engineer’s Report, which provided information and calculations demonstrating that the proposed assessments on parcels, specifically benefited from the work of the South Miller Street/South College Drive Landscape Maintenance Assessment District (“District”), will not exceed the reasonable cost of the proportional special benefit conferred on each of the parcels; and
WHEREAS, the City Council adopted its Resolution of Intention to levy the assessments on June 20, 2023, approved and ordered filed the revised Engineer’s Report for the above-designated District, and proceeded to give notice of the time and place for a Public Hearing on all matters relating to said proposed assessment for Fiscal Year 2023-2024; and
WHEREAS, the notice was published in a manner required by law; and
WHEREAS, the public hearing was duly held in the manner provided by law, all persons were provided the opportunity to speak and be heard, and the City Council has considered all public input and all written protests submitted and; and 2 WHEREAS, the City Council determined that no majority protest exists concerning the proposed assessments.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California as follows:
1. That the above recitals are all true; and
2. That upon the conclusion of the public hearing, written protests filed did not represent property owners owning more than 50 percent of the area of assessable lands within the District, and all protests are hereby overruled and denied; and
3. That the diagram and assessments (adjusted 4.9 percent for 2023) as set forth and contained in the Engineer’s Report are hereby approved and adopted; and
4. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 18th day of July 2023.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
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City Attorney
APPROVED AS TO CONTENT:
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Department Director
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City Manager