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Attachment C
Resolution No. 24-014
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RESOLUTION NO. 24-014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY, TRACT MAP 18980 TO VICTORVILLE LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 6 AND THE LEVY AND
COLLECTION OF ASSESSMENTS RELATED THERETO
COMMENCING WITH FISCAL YEAR 2024/2025
WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, Streets and Highways Code section 22500 et seq., (hereinafter the “Act”) to provide for the continued maintenance, operation and servicing of the public landscaping improvements installed within its boundaries; and,
WHEREAS, the City Council has by previous resolutions established and levied annual assessments for the LMAD No. 6 (hereinafter referred to as “LMAD No. 6”), 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) (hereinafter referred to as the “Act”) that provides for the collection of assessments by the County of San Bernardino on behalf of the City to pay for the annual maintenance and servicing of local landscaping improvements and facilities related thereto; and,
WHEREAS, the City Council desires to initiate proceedings for the annexation of territory to the District consisting of Assessor Parcel Number book 3091, page 141, parcel 02,Tract Map 18980 and to levy and collect an annual assessment against the lot and parcel of land within Tract Map 18980 commencing in Fiscal Year 2024/2025 to pay for the operation, maintenance and servicing of local landscaping improvements, and appurtenant facilities related thereto that will provide special benefits to the property pursuant to the Act and the provisions of the California Constitution Article XIIID (hereafter referred to as the “California Constitution”); and,
WHEREAS, the City has retained Willdan Financial Services as the Assessment Engineer, for the purpose of assisting with the annexation of territory designated as Tract Map 18980, the establishment of an annual assessment, and to prepare and file an Engineer’s Report with the City Clerk in accordance with Chapter 4 Article 2 of the Act and the provisions of the California Constitution; and, WHEREAS, Section 22605 of the Act permits the City Council to make changes in the organization of an assessment district, including the detachment of territory from an existing assessment district under Act Section 22609 and annexation of territory to an existing assessment under Act Section 22608; and,
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WHEREAS, in November of 1996, California voters adopted Proposition 218, which among other things, added Article XIIID to the California Constitution (hereinafter the “California Constitution”) to impose additional procedures that local agencies must follow prior to adopting new or increasing existing assessments; and, WHEREAS, Tract Map 18980 contains public landscaping areas and related improvements which are similar in nature and type to those of tracts within the boundaries of LMAD No. 6; and,
WHEREAS, the City Council finds that Tract Map 18980 should be considered for annexation to LMAD No. 6, based upon requests by property owners for said annexation, the similarity of existing improvements to be serviced, and a need to better provide for the ongoing maintenance of landscape and irrigation improvements in the designated areas of said tract; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals.
That the recitals set forth above are true and correct, and together with definitions set forth therein, are hereby made part of this Resolution by this reference.
Section 2. Proposed Annexation/Detachment Initiated.
That the City Council hereby initiates proceedings in accordance with the provisions of the Act, the California Constitution, and Government Code Section 53753 for the proposed annexation of Tract Map 18980 to LMAD No. 6.
Section 3. Designation of Annexation Area.
That the proposed area to be annexed to LMAD No. 6 is designated as all the territory within the boundaries described in the map attached hereto as Exhibit A and made a part of this Resolution by this reference (“Tract Map 18980”).
Section 4. Proposed Improvements.
The proposed improvements and services to be provided and for which the property shall be assessed, include but are not limited to the regular maintenance, operation and incidental expenses related to the landscaping and irrigation improvements within the public right-of-way or easements associated with the properties within LMAD No. 6 that shall be maintained by the City for the special benefit of the properties therein.
The Engineer’s Report to be prepared in connection with these proceedings shall provide a more detailed description of the improvements and associated costs. 4 1
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Section 5. Annual Special Benefit Assessment.
The City Council hereby determines that in order to provide an appropriate level of maintenance and related services and activities for the improvements within LMAD No. 6 as generally described in Section 4 of this Resolution, it is necessary to levy an annual special benefit assessment on the lot and parcel within LMAD No. 6, Tract Map 18980 identified in this resolution, commencing in Fiscal Year 2024/2025.
Section 6. Designation of Engineer; Engineer’s Report.
The City Council hereby orders the Assessment Engineer to prepare and file with the City Clerk an Engineer's Report concerning the proposed annexation of Tract Map 18980 into LMAD No. 6, and the proposed levy of special benefit assessment for the property beginning the fiscal year commencing July 1, 2024, and ending June 30, 2025, in accordance with Chapter 3 Section 22622 of the Act. Said Engineer’s Report shall establish the estimated budget of anticipated expenses and the resulting proposed maximum assessment including an annual inflationary adjustment, which will be necessary to provide ongoing funding for the maintenance and servicing of the improvements being proposed; and the assessment so described may only be imposed pursuant to the provisions of the Act and the California Constitution, Article XIIID.
Section 7. Effective Date.
That this Resolution shall be effective immediately upon its adoption. 5 1
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Exhibit A