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HomeMy WebLinkAbout2016-021 - The Report of the Assessment Engineer for Assessment District No. 2015-01RESOLUTION NO. 2016 -021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, APPROVING THE REPORT OF THE ASSESSMENT ENGINEER FOR ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY), DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, CONFIRMING THE FORMATION OF THE ASSESSMENT DISTRICT WHEREAS, the City Council of the City of Sana Ana, California, has previously adopted its Resolution No. 2015 -30 (the 'Resolution of Intention ") declaring the intention of the City Council to order reconstruction of street pavement, construction of curb ramps, repair of driveway approaches, sidewalks, curbs and gutters, adjustment of surface utility frames and covers, and installation of pavement markings, together with appurtenances and appurtenant work (collectively, the 'Improvements "), and initiating proceedings to establish a special assessment district to finance the costs of such construction pursuant to the terms and provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Improvement Act'), such special assessment district to be known and designated as Assessment District No. 2015 -01 (Warner Industrial Community), City of Santa Ana, Orange County, State of California (the "Assessment District'); WHEREAS, pursuant to such Resolution of Intention, a report of Psomas (the "Assessment Engineer "), as therein ordered and as required by the Improvement Act, the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 of the Streets and Highways Code) (the 'Investigations Act'), Article XIIID of the Constitution of the State of California ( "Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the Improvement Act, the Investigations Act, Article XIIID and the Implementation Act are referred to herein collectively as the "Assessment Law "), was presented, considered and preliminarily approved (the `Report'); WHEREAS, the Report, as now submitted, was prepared and contained all the matters and items called for pursuant to the provisions of the Assessment Law, including the following: A. The plans and specifications for the Improvements proposed to be acquired or constructed; Resolution No. 2016 -021 Page 1 of 8 B. The Assessment Engineer's estimate of the itemized and total costs and expenses of the acquisition or construction of the Improvements and of the incidental expenses in connection therewith contained in the Report including that portion of such costs and expenses representing the special benefit to be conferred by such Improvements on those parcels within the Assessment District; C. The diagram showing the Assessment District referred to and described in such Resolution of Intention, and also the boundaries and dimensions of the respective subdivisions of land within such Assessment District, as the same existed at the time of the passage of such Resolution of Intention, each of which subdivisions have been given a separate number upon such diagram; D. The proposed assessment upon the several subdivisions of land in the Assessment District, in proportion to the estimated special benefits to be conferred on such subdivisions, respectively, by the Improvements to be acquired or constructed, and of the incidental expenses thereof; E. The total amount, as near as may be determined, of the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated for the Assessment District, which would require an investigation and report under the Investigations Act, against the total area proposed to be assessed; F. The total true value, as near as may be determined, of the parcel of land and improvements which are proposed to be assessed; and G. A description of the Improvements proposed to be acquired or constructed. WHEREAS, notices of a public hearing to consider protests to the proposed assessments accompanied by assessment ballot materials were regularly mailed in the time, form and manner required by the Assessment Law and as evidenced by a certificate on file with the transcript of these proceedings, a full hearing has been given, and at this time all assessment ballots submitted pursuant to the Assessment Law have been tabulated by Maria D. Huizar, the Clerk of the Council, the tabulation official appointed by the City Council (the "Tabulation Official'), all in the manner provided by the Assessment Law; and, WHEREAS, the Tabulation Official has prepared and submitted to this legislative body a Certificate of Tabulation Official and Statement of Assessment Ballots Submitted (the "Certificate of the Tabulation Official'), a copy of which is attached as Exhibit A hereto and incorporated herein by this reference, which reflects the results of the tabulation of the assessment ballots; and, Resolution No. 2016 -021 Page 2 of 8 WHEREAS, at this time based upon the Certificate of Tabulation Official this City Council determines that the assessment ballots received by the City in favor of the proposed assessment and weighted as required by the Assessment Law exceed the assessment ballots received in opposition to the assessment and similarly weighted and, therefore, a majority protest pursuant to the Assessment Law does not exist; and WHEREAS, this legislative body is now satisfied with the assessment and all matters contained in the Report as submitted. NOW, THEREFORE, be it resolved by the City Council of the City of Santa Ana, California, as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The assessment ballots submitted pursuant to the Assessment Law in favor of the assessment and weighted as required by the Assessment Law exceed the assessment ballots submitted in opposition to the assessment and similarly weighted and it is therefore determined that a majority protest pursuant to Assessment Law does not exist. SECTION 3. Based upon the Report and the testimony and other evidence received at the public hearing, it is hereby determined that: A. The Report identifies all properties within the boundaries of the Assessment District that receive a special benefit from the Improvements; B. The proportionate special benefit derived by each parcel proposed to be assessed has been determined in relationship to the entirety of the cost of acquisition or construction of the Improvements; C. No assessment is proposed to be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit to be conferred on such parcel from the Improvements; D. Only special benefits have been assessed; and E. An assessment has been imposed on the one parcel within the Assessment District which is owned and used by an agency as such term is defined in Article XIIID. There are no properties within the Assessment District that are owned by either the State of California or the United States. SECTION 4. The public interest and convenience require the acquisition or construction of the Improvements, and therefore it is hereby ordered that the Improvements be acquired or constructed, as set forth in the Resolution of Intention previously adopted and as set forth in the Report presented and considered, and as now approved. Resolution No. 2016 -021 Page 3 of 8 SECTION 5. The Report, as now submitted, is hereby approved and such Report shall stand as the report as required by the Assessment Law for all future proceedings for this Assessment District. SECTION 6. The assessments, as now filed in the Report and diagram for the Improvements to be acquired or constructed, together with appurtenances and appurtenant work in connection therewith, are hereby confirmed. as follows: The assessments contained in the Report are hereby levied and approved The final assessments represent the costs and expenses to finance that portion of the cost of acquisition or construction of the Improvements representing the special benefit conferred by the Improvements on the parcels within the Assessment District, as authorized for these proceedings. SECTION 7. This City Council hereby finds and determines that the total amount of the principal sum of all unpaid special assessments proposed to be levied, as well as outstanding special assessments, does not exceed one -half (1/2) the total true value of the parcels proposed to be assessed under these proceedings, and this finding shall be final and conclusive. This City Council further finds that the lands to be assessed will be able to carry the burden of the proposed assessment, and it is further determined, if and as applicable, that the limitations of the amounts of assessments provided for in the Investigations Act be disregarded both with respect to the limitation of the Assessment District as a whole, and as to the limitation on individual specific assessments, as applicable. SECTION 8. The City Clerk shall forthwith deliver to the City Engineer /Superintendent of Streets the assessment, together with the diagram attached thereto and made a part thereof, as confirmed, with his certificate of such confirmation attached and the date thereof; and that such Superintendent of Streets shall then immediately record such diagram and assessment in his Office in a suitable book to be kept for that purpose and attach thereto his certificate of the date of such recording. SECTION 9. Upon confirmation of the assessments and recordation of the assessment roll and diagram, a certified copy of the assessment diagram shall be immediately filed in the Office of the County Recorder. Immediately thereafter, a copy of the notice of assessment shall be recorded in the Office of the County Recorder in the manner and form as set forth by law and specifically Section 3114 of the Streets and Highways Code of the State of California. SECTION 10. Upon recordation of the diagram and assessment, a notice shall be mailed to each owner of real property within the Assessment District at his last known address, as such address appears on the last equalized tax rolls of the County or as otherwise known to the City, such notice to set forth a statement containing a designation of the property assessed, as well as the amount of the final confirmed Resolution No. 2016 -021 Page 4 of 8 assessment, and further indicating that bonds will be issued pursuant to the "Improvement Bond Act of 1915 ". SECTION 11. Notice shall also be given by publication in a newspaper of general circulation, such notice setting forth the amount of the final assessment and indicating that such assessment is now due and payable, and further indicating that if such assessment is not paid within the allowed thirty (30) day cash collection period, bonds shall be issued as authorized by law to finance the acquisition or construction of the Improvements and such bonds shall be repaid from assessment installments collected with respect to each unpaid assessment. SECTION 12. The County Auditor is hereby authorized and directed, in accordance with the provisions of Section 8682 of the Streets and Highways Code of the State of California, to enter into his assessment roll on which property taxes will next become due, opposite each lot or parcel of land affected, in a space marked "public improvement assessment' or by other suitable designation, the next and several installments of such assessment coming due during the ensuing fiscal year covered by the assessment roll and that such entry then shall be made each year during the life of the bonds for the proceedings for the above - referenced Assessment District. This authorization is continual until all assessment obligations have been discharged and the bonds terminated. As an alternate, and when determined to be in the best interests for bondholders of the Assessment District, this legislative body may, by resolution, designate an official other than the County Tax Collector and /or other agent, to collect and maintain records of the collection of the assessments, including a procedure other than the normal property tax collection procedure. In accordance with the provisions of Section 8685 of the Streets and Highways Code, if any lot or parcel of land affected by any assessment is not separately assessed on the tax roll so that the installment of the assessment to be collected can be conveniently entered thereon, then the Auditor shall enter on the roll a description of the lot or parcel affected, with the name of the owners, if known, but otherwise the owners may be described as "unknown owners ", and extend the proper installment opposite the same. SECTION 13. The County Auditor shall, within 90 days after any special assessment installment becomes delinquent, render and submit a detailed report showing the amounts of the installments, interest, penalties and percentages so collected, for the preceding term and installment date, and from what property collected, and further identify any properties which are delinquent and the amount and length of time for such delinquency, and further set forth a statement of percentages retained for the expenses of making such collections. This request is specifically made pursuant to the authorization of Section 8683 of the Streets and Highways Code of the State of California. Resolution No. 2016 -021 Page 5 of 8 SECTION 14. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this 5th day of April 2016. APPROVED AS TO FORM: Sonia R,.Qarvalho, City Attorney M Ryaq P. Ass* nt y Attorney AYES: Councilmembers: Amezcua, Benavides, Pulido, Martinez, Sarmiento, Tinaiero (6) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Resolution No. 2016 -021 Page 6 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 -021 to be the original resolution adopted by the City Council of the City of Santa Ana on April 5, 2016. Date: r-O/ `7i Aw'v Z) -h ltL. Clerk of the Council City of Santa Ana Resolution No. 2016 -021 Page 7 of 8 CERTIFICATE OF TABULATION OFFICIAL AND STATEMENT OF ASSESSMENT BALLOTS SUBMITTED CITY OF SANTA ANA ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SANTA ANA ) The undersigned, a duly authorized tabulation official appointed by the City Council of the City of San Ana, DOES HEREBY CERTIFY that pursuant to the provisions of Article XIIID of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following), I did tabulate the assessment ballots timely submitted in the assessment ballot proceedings pertaining to the City of Santa Ana Assessment District No. 2015 -01 (Warner Industrial Community). I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the assessment ballots submitted in favor of the assessment and the assessment ballots submitted in opposition to the assessment, each total weighted according to the financial obligation of the affected properties for which the assessment ballots were submitted. Assessment ballots received in favor of the proposed assessment: 95 Assessment ballots received in opposition to 43 the proposed assessment: This certification is executed this 5th day of April, 2016 in Santa Ana, California. Maria D. Huizar, Cleric of tVW Council Tabulation Official City of Santa Ana State of California Resolution No. 2016 -021 Exhibit "A" Page 8 of 8