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Attachment D
Resolution No. 24-026
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RESOLUTION NO. 24-026
A RESOLUTION OF RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VICTORVILLE, CALIFORNIA, CONFIRMING THAT NO
MAJORITY PROTEST EXISTS; ADOPTING THE ENGINEER’S REPORT AS FINAL; ORDERING THE ANNEXATION OF TRACT MAP NO. 18980
TO VICTORVILLE DRAINAGE FACILITIES ASSESSMENT DISTRICT
NO. 1, FISCAL YEAR 2023/2024 AND THE LEVY AND COLLECTION OF
ASSESSMENTS ON THE PARCELS THEREIN COMMENCING IN
FISCAL YEAR 2024/2025
WHEREAS, on February 20, 2024, 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 by previous resolutions, initiate proceedings for the annexation of territory to the City of Victorville Drainage Facilities Assessment District No. 1 (“DFAD No. 1”) consisting of the Assessor Parcel Number within book 3091 on page 14, parcel 2, Tract Map No. 18980 (“Annexation Territory”), and declared its intention to conduct a protest balloting for the levy of new assessments within the Annexation Territory commencing in Fiscal Year 2024/2025 for the special benefits received by properties therein for the operation, maintenance and servicing of drainage landscaping improvements, and all appurtenant facilities related thereto in accordance with the provisions of the California Constitution Article XIIID (the “Constitution”); and WHEREAS, on February 20, 2024, an Engineer’s Report containing an Assessment Diagram was prepared, filed, and presented to the City Council in connection with the proceedings for the annexation of the property within the Annexation Territory and the annual levy of assessments related thereto commencing in Fiscal Year 2024/2025 as required by the Act and the Constitution along with an inflationary adjustment that will be applied in Fiscal Year 2024/2025; and WHEREAS, on February 20, 2024 the City Council also adopted Resolution No. 24-015 declaring its intent to annex Tract Map No. 18980 to DFAD No. 1, to levy and collect the assessments as permitted by the Act to provide for the perpetual maintenance of the designated basin landscape area herein, commencing in or after Fiscal Year 2024/2025, if no majority protest existed following public notice, hearing and balloting conducted in accordance with the provisions of Article XIIID, Section 4 of the California Constitution, Section 22588 of the Act, and Government Code section 53753 (hereinafter collectively “Applicable Law”); and
WHEREAS, the City Council has duly held a public hearing regarding these matters and has conducted a property owner protest ballot proceeding for the proposed annexation and assessments related thereto, the results of which have been presented and confirmed by this City Council; and
WHEREAS, notices of the public hearing and assessment ballots containing the information required by Applicable Law were mailed to all property owners in Tract Map 3 1
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No. 18980 at least 45 days (unless noticing period waived by the property owner in form of a signed agreement) prior to the date of the public hearing at which testimony regarding the proposed assessments were to be considered and tabulation of the mailed assessment ballots were to occur; and
WHEREAS, at the April 16, 2024, public hearing, the City Council considered all objections and protests for the annexation and assessments for Tract Map No. 18980, and all interested persons were permitted to present written and verbal testimony; and WHEREAS, at the conclusion of the public hearing, the City Clerk unsealed and tabulated all of the assessment ballots submitted and not withdrawn; and WHEREAS, based upon the tabulation results provided by the City Clerk, the City Council finds and determines that the number of ballots submitted in favor of the annexation and assessments, as weighted in accordance with Applicable Law, exceed the assessment ballots submitted in opposition to annexation and assessments, also as weighted in accordance with Applicable Law; therefore, no majority protest to the annexation and assessments within Tract Map No. 18980 exists; and WHEREAS, there being no majority protest against the annexation and assessments for Tract Map No. 18980, the City Council now wishes to confirm its final adoption of the Engineer’s Report; order the annexation of Tract Map No. 18980 to DFAD No. 1 and the levy and collection of the assessments on the parcels therein; authorize the improvements (ongoing maintenance of the drainage landscape and irrigation) to be made, all as specified in the final approved Engineer’s Report effective as of Fiscal Year 2023/2024.
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.
Section 2. Hearing and Determination that No Majority Protest Exists.
That following notice duly given, the City Council has held a full and fair public hearing regarding annexation and assessments for the parcels within Tract Map No. 18980; the approval of the Engineer’s Report prepared in connection therewith; considered all oral and written statements, protests and communications made or filed by interested persons; and determined that a property owner majority protest for the Changes of Organization and Assessments for Tract Map No. 18980 does not exist.
Section 3. Final Approval and Adoption of Engineer’s Report.
The Engineer’s Report and Assessment Diagram connected therewith as approved, shall constitute the territory and properties within the Annexation Territory, and 4 1
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confirm and establish the method of apportionment and the maximum assessment rate including the assessment range formula as presented to the property owners of record in the ballot proceeding. Said assessments as described in the Engineer’s Report as submitted or amended, including the assessment range formula described therein, are hereby confirmed, and adopted by the City Council.
Section 4. Special Benefit.
Based upon its review (and amendments, as applicable) of the Engineer’s Report, which has been filed with the City Clerk, the City Council hereby finds and determines that:
4a) The land within the Annexation Territory which will include seventeen (17) single-family lots at build-out as approved will receive special benefit from the operation, maintenance and servicing of drainage landscaping, irrigation improvements and all appurtenant facilities related thereto, to be provided by the District as described in the approved Engineer’s Report.
4b) The Annexation Territory as defined by the Assessment Diagrams in the approved Engineer’s Report includes all lands receiving such special benefit. 4c) The net amount to be assessed upon the land within the Annexation Territory as approved has been applied based on the formula and method which fairly applies the net amount on the parcel based on the special benefit to be received by the parcel from the improvements and services to be provided.
Section 5. Improvements Authorized.
The City Council hereby orders the proposed improvements as described within the approved Engineer’s Report to be made. The improvements so described generally include, but are not limited to, the maintenance, servicing, rehabilitation, and irrigation of the local improvements established or installed in connection with the development of properties within the approved Annexation Territory or directly associated with the properties within those Annexation Territories and shall be maintained by the City for the special benefit of the properties therein pursuant to the Act.
Section 6. Annexation Ordered.
The adoption of this Resolution constitutes the annexation of the approved Annexation Territory to the District, the boundaries of which are contained in the Assessment Diagram; the establishment of the maximum assessment rate and assessment range formula connected therewith for Fiscal Year 2023/2024; and the annual assessment commencing in Fiscal 2024/2025, as described in the approved Engineer’s Report and adopted by the City Council, and the County Auditor of San Bernardino shall enter on the County Assessment Roll opposite each parcel of land the amount of levy so described in the approved Engineer’s Report, and such levies shall be collected annually at the same time and in the same manner as the County taxes are 5 1
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collected. After collection by the County, the net amount of the levy shall be paid to the City of Victorville DFAD No. 1.
Section 7. Levy and Collection of Assessments.
Commencing with Fiscal Year 2024/2025, the City Council orders the annual assessments be levied and collected for each of the parcels of land in Tract Map No. 18980, in the amounts as set forth in the annexation Engineer’s Report with the annual inflator applied if applicable.
Section 8. Annexation Reflected in the Consolidated Annual Drainage Facilities Assessment District Engineer’s Report.
That the City Engineer or their designee is hereby authorized and directed to reflect the annexation and cause the levy of the assessments for each of the parcels in Tract Map No. 18980 by including the annexed parcels and such other required information from the Engineer’s Report as approved hereby, and in the consolidated Drainage Facilities Assessment District No. 1 Engineer’s Report for Fiscal Year 2024/2025.
Section 9. Certification.
The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council’s approval of the annexation of the Annexation Territory; the adoption and confirmation of the Assessment Diagram; and the establishment of the maximum assessment rate(s), assessment range formula for Fiscal Year 2023/2024 and the assessments thereafter as described in the approved Engineer’s Report as submitted or amended herein.
Section 10. Effective Date.
That this Resolution shall be effective immediately upon its adoption.