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Attachment F
Resolution No. 24-017
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RESOLUTION NO. 24-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE DECLARING ITS INTENTION TO ANNEX TRACT MAP 18980 TO
VICTORVILLE DRAINAGE FACILITIES ASESSMENT DISTRICT NO. 1, TO LEVY ASSESSMENTS ON TRACT MAP 18980 FOR FISCAL YEAR
2024/2025; SETTING A PUBLIC HEARING ON THE PROPOSED
ANNEXATION AND ASSESSMENTS; AND ORDERING HEARING
NOTICES AND ASSESSMENT BALLOTS TO BE MAILED TO THE
PROPERTY OWNERS IN TRACT MAP 18980
WHEREAS, the City Council of the City of Victorville (the “City”) 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 (hereafter referred to as the “Act”), did initiate proceedings for the annexation of territory to the Drainage Facilities Assessment District No. 1 (hereafter referred to as the “DFAD No. 1”), consisting of Assessor Parcel Number book 3091, page 141, parcel 02, Tract Map 18980, and the proposed levy and collection of annual special benefit assessment related thereto commencing in Fiscal Year 2024/2025; and,
WHEREAS, the City Council desires to annex Tract Map 18980 into DFAD No. 1, and to levy and collect an annual assessment against the lots and parcels of land within said territory to pay the cost and expenses related to the maintenance, servicing and operation of landscape improvements in and around drainage facilities that provide special benefits to the parcels of land therein as authorized by the Act and the provisions of the California Constitution Article XIIID (hereafter referred to as the “California Constitution”); commencing in Fiscal Year 2024/2025, if no majority protest exist; and, WHEREAS, the Assessment Engineer of Work, Willdan Financial Services, has prepared and filed with the City Clerk an Engineer’s Report (hereafter referred to as the “Report”) in connection with such annexation proceedings and the proposed levy of assessment commencing with Fiscal Year 2024/2025 (said fiscal year beginning July 1, 2024, ending June 30, 2025); in accordance with the Act and the California Constitution; and said Report has been presented to the City Council; and, WHEREAS, pursuant to Article XIIID of the California Constitution, Sections 22605 through 22608 and 22588 of the Act, and Government Code Section 53753, the City Council desires to set a public hearing for the proposed annexation of Tract Map 18980 into DFAD No. 1, and to further order the mailing of notices and assessment ballots to the property owners in Tract Map 18980; 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 the definitions set forth therein, are hereby made part of this Resolution by this reference. 3 1
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Section 2. Territory.
The territory of land to be annexed to the District incorporates all of the lots and parcels of land that will receive a special benefit from the improvements to be maintained, operated, and serviced through DFAD No. 1 and the lot and parcel of land is inclusive of Assessor Parcel Number book 3091, page 141, parcel 02, which is planned to develop out to seventeen (17) Single-Family Residential lots.
Section 3. Improvements.
That the proposed improvements to be provided, and for which the properties in Tract Map 18980 shall then be assessed following said annexation, are the regular maintenance, servicing, rehabilitation, and irrigation of the drainage landscaping within the DFAD No. 1. Exhibit A outlines a preliminary budget based the overall expenses for DFAD No. 1 for Fiscal Year 2023/2024, the complete budget for DFAD No. 1 can be found in the Consolidated Drainage Facilities Assessment District Engineer’s Report on file with the City Clerk. Said improvements have been determined to be of special benefit to said properties.
Section 4. Intention to Annex and Levy Assessments.
The City Council hereby declares its intention to annex the territory of land to the DFAD No. 1 designated as Tract Map 18980, and to levy and collect annual assessments against the parcels of land within said territory to fund the ongoing cost and expenses of maintaining, operating, and servicing the drainage landscape improvements determined to be of special benefit to the parcels of land therein as outlined in the Engineer’s Report prepared in connection therewith, commencing in Fiscal Year 2024/2025. The City Council finds that the public’s best interest requires such action and levy of assessments
Section 5. Public Hearing.
The City Council hereby declares its intention to conduct a public hearing concerning the levy of assessments for Tract Map 18980 in accordance with Government Code, Section 54954.6 and California Constitution, Article XIIID, Section 4(e); and, notice is hereby given that a public hearing on these matters will be held by the City Council on April 16, 2024, at 6:00 P.M., or as soon thereafter as feasible, in the City Council Chambers located at 14343 Civic Drive, Victorville, California 92392. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.
Section 6. Assessment Balloting.
Pursuant to Article XIIID of the California Constitution, an assessment ballot proceeding is hereby called on the matter of confirming the proposed assessment for Tract Map 18980. The ballots and notices so authorized shall be distributed by first class mail to the property owners of record as of the last County equalized roll, and property owner or owners of each affected parcel may return the ballot by mail or in person to the City Clerk not later than the conclusion of the public hearing for these matters.
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Section 7. Notice and Ballots.
The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail notice of the Public Hearing and property owner protest ballots to the property owners of record regarding the proposed assessment including the assessment range formula as outlined in the Report, for return receipt prior to the date and time of the public hearing set forth in this Resolution; and, the notice of the hearing and ballot shall be distributed by first class mail to the property owner(s) of record for each parcel within Tract Map 18980 subject to an assessment, not less than 45 days before the date of the public hearing pursuant to the California Constitution.
Section 8. Protest Proceedings.
The property owner protest ballot proceeding conducted for Tract Map 18980 shall constitute the property owners’ approval or rejection of the annual levy of assessments and assessment range formula described in the Report presented and approved by the City Council. The property owner may return the ballot by mail or in person to the City Clerk no later than the conclusion of the public hearing scheduled for April 16, 2024. After the close of the Public Hearing, pursuant to Section 4(e) of the California Constitution, the City Clerk or their designee shall open and tabulate the ballots returned to determine if majority protest exists. Only those ballots issued by or on behalf of the City and signed by the property owner of record or authorized representative, shall be considered as valid ballots, and shall be weighted according to the proportional financial obligation of each affected property. Majority protest exists if, upon the conclusion of the hearing, valid ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment; and, in addition to the ballot proceedings, property owners may also file a separate written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed such protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard. 5 1
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EXHIBIT A
DESIGNATED DRAINAGE LANDSCAPE MAINTENANCE AREAS
ESTIMATE OF BUDGET FOR FISCAL YEAR 2023/2024 TRACT MAP 18980
PROPOSED TO BE ANNEXED INTO DRAINAGE FACILITIES ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2023/2024
APN: 3091-141-02
FISCAL YEAR 2023/2024 BUDGET
DESCRIPTION
Tract
18980
UTILITIES-ELECTRICITY $1
UTILITIES-WATER USAGE 47
TELEPHONE 9
UTILITIES SUB-TOTAL $57
CITY ADMINISTRATION $31
CONSULTING SERVICES 14
COUNTY FEES 8
ADMINISTRATION SUB-TOTAL $53
MAINTENANCE STAFF SALARY AND BENEFITS $1,595
CONTRACT SERVICES 715
GROUNDS MAINTENANCE 106
IRRIGATION MAINTENANCE 43
INFRASTRUCTURE REPAIRS 47
VEHICLES AND EQUIPMENT 53
TOOLS AND SMALL EQUIPMENT 65
VANDALISM/ACCIDENTS 512
MAINTENANCE SUB-TOTAL $3,136
EXPENDITURE BUDGET $3,246
GENERAL BENEFIT CONTRIBUTION $0
RESERVE COLLECTION/CONTRIBUTION $435
BALANCE TO LEVY $3,680
Equivalent Benefit Units at Built-Out 17
FY 2023/2024 Assessment Rate $216.46
FY 2023/2024 Assessment Rate Not Built $1.00
FY 2023/2024 Max. Allowable Assessment per Benefit Unit-Built $238.01 FY 2023/2024 Max. Allowable Assessment per Benefit Unit-Not Built $1.00