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HomeMy Public PortalAbout01-059 - Approving the Engineer's Report so Modfied, Confirming the Assessments and Ordering Proposed Improvements RESOLUTION NO. 01-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, MAKING CERTAIN FINDINGS, ORDERING THE MODIFICATION OF THE ENGINEER'S REPORT, APPROVING THE ENGINEER'S REPORT SO MODIFIED, CONFIRMING THE ASSESSMENTS AND ORDERING PROPOSED IMPROVEMENTS TO BE MADE IN CONNECTION WITH ASSESSMENT DISTRICT NO. 2001-1 (DOMINGUE/, TECHNOLOGY CENTER WEST) WHEREAS, the City Council of the City of Carson (the "City Council"), by its Resolution No. 01-018 (the "Resolution of Intention"), declared its intention to order the improvements for proposed Assessment District No. 2001-1 (Dominguez Technology Center West) (the "Assessment District") pursuant to the provisions of the Municipal improvement Act of 1913 (California Streets and Highways Code Section 10000, et seq.) (the "1913 Act") and as provided in Article XIIID of the California Constitution, and ordered the Assessment Engineer, Willdan, to prepare and file a report (the "Engineer's Report") with the City Clerk in accordance with Section 10204 of the 1913 Act and Section 4 of Article XIIID of the California Constitution; and WHEREAS, the City Council, by its Resolution No. 01-019, preliminarily approved the Engineer's Report entitled "City of Carson Preliminary Engineer's Report for Assessment District No. 2001-1 (Dominguez Technology Center West)," which Engineer's Report is on file in the office of the City Clerk; and WHEREAS, the City Council fixed 6:00 p.m. on Tuesday June 5, 2001, at the Council Chambers, 701 East Carson Street, Carson, California 90745, as the time and place for hearing of protests to said proposed improvements and the levy of assessments therefor and provided notice of said hearing as provided by law; and WHEREAS, the City Clerk has filed with the City Council an affidavit setting the time and manner of compliance with the requirements of law for mailing notice of the adoption of the Resolution of Intention and of the filing of the Engineer's Report and of the time and place for a public hearing of protests to the extent of the Assessment District or to the proposed levy of assessments or to the proposed improvements; and WHEREAS, all of the owners (as defined in Streets and Highways Code Sections 2804 and 2804.2) of more than sixty percent (60%) in area of the property subject to assessment for the improvements described in the Engineer's Report have signed and filed with the City Clerk a written petition for such improvements and a waiver of the investigation and other proceedings (Division 4 of the California Street and Highways Code, commencing with Section 2800) (the "Petition and Waiver"); and WHEREAS, on June 5, 2001, following notice duly given in accordance with law, the City Council held a full and fair public hearing on the Resolution of Intention and the Engineer's Report and regarding protests and objections thereto and to the proposed improvements in C onnection with the Assessment District; and 1409439.3 WHEREAS, at such public hearing, the Engineer presented to the City Council certain proposed modifications to the Engineer's Report (the "Amended Engineer's Report") which modifications resulted in no increase in the total amount of the assessment and no increase in the amount of the assessment against any individual parcel within the Assessment District; and WHEREAS, all interested persons were afforded the opportunity to hear and be heard regarding protests and objections to the formation of the Assessment District and the levy and collection of the proposed assessments and the City Council considered all oral and written protests and tabulated all submitted and not withdrawn ballots; NOW, THEREFORE, the City Council of the City of Carson, California, hereby resolves as follows: Section 1. The above recitals are true and correct. Section 2. The City Council finds and determines that all actions required to be taken and all conditions required to be satisfied prior to action by this City Council pursuant to law, including the 1913 Act and Section 53753 of the California Government Code, have been taken and satisfied. Section 3. The City Council hereby finds and determines that by virtue of the signing and filing of the Petition and Waiver, which Petition and Waiver is on file in the office of the City Clerk, the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 does not apply to the special assessment proceedings undertaken by the City in connection with the improvements described in the Amended Engineer's Report. Section 4. The City Council hereby finds that the proposed modifications to the Engineer's Report result in no increase in the total amount of the assessment and no increase in the amount of the assessment against any individual parcel within the Assessment District. The City Council hereby orders such modifications to the Engineer's Report to be made and the Amended Engineer's Report is hereby approved as so modified. A copy of the Amended Engineer's Report shall be on file in the office of the City Clerk and open for public inspection. Section 5. The City Council hereby finds notices to have been mailed in the time, form and manner required by law, including the mailing of assessment ballots in accordance with Article XIIIID of the California Constitution and Section 53753 of the California Government Code. Section 6. The City Council hereby finds that a majority protest does not exist as defined in Section 4(e) of Article XII1D of the California Constitution. All protests and objections to the formation of the Assessment District and the levy and collection of the proposed assessments are hereby overruled by the City Council. Section 7. Based upon its review of the Amended Engineer's Report and other reports and information presented to it, the City Council hereby finds and determines that (i) the lands within the Assessment District will be specially benefited by the improvements described in the Amended Engineer's Report, (ii) the Assessment District includes all of the lands so benefited, (iii) the assessment of the total amount of the cost and expenses of such improvements 1409439.3 upon the several subdivisions of land in the Assessment District is in proportion to the estimated special benefits to be received by such subdivisions, respectively, from such improvements, and (iv) only special benefits are assessed and no assessment is imposed on any subdivision of land which exceeds the reasonable cost of the proportional special benefit conferred on that subdivision. Section 8. The proposed assessment for the cost of the improvements provided for in subdivisions (c) and (c) of Section 10204 of the 1913 Act, and the maximum annual assessment provided for in subdivision (f) of that section are hereby confirmed as set forth in the Amended Engineer's Report. The City Council hereby determines that the maximum amount of the annual assessment to pay for administrative costs shall be S24,000 (with an annual escalator factor of the consumer price index for the Los Angeles metropolitan area (SMSA)) divided among the parcels on the basis of each parcel's proportionate share of the total annual assessments for all parcels within the Assessment District. Section 9. The City Council hereby approves the formation of the Assessment District and orders the proposed improvements set forth in the Amended Engineer's Report to be made. Section 10. The City Council declares that the Amended Engineer's Report is hereby finally approved. Section 11. The City Clerk is hereby directed to cause to be recorded in the office of the Superintendent of Streets a certified copy of the diagram and assessments as provided in Section 10401 of the 1913 Act. Section 12. The City Clerk is hereby directed to cause to be recorded in the office of the County Recorder of the County of Los Angeles a copy of the assessment diagram and notice of assessment in connection with the Assessment District as provided by Section 3114 of the California Streets and Highways Code and Section 10402.5 of the 1913 Act. Section 13. Following the recordation of such notice of assessment, the City Clerk is hereby authorized and directed to provide notice of recordation of the assessment in accordance with Section 10404 of the 1913 Act. Section 14. The City Council hereby authorizes the City Manager, at any time prior to the completion of the improvement proceedings, to make changes in connection with the Assessment District, including but not limited to approving further changes to the Engineer's Report (including cost estimates and line items therein), the improvements ordered herein, and the assessments (including the amount of any of the individual assessments) confirmed hereby, provided this Section shall not be deemed to authorize the City Manager to approve any increase in the amount of any of the individual assessments without the consent of the affected property owner. Section 15. The Acting Administrative Services General Manager, acting on behalf of the City Treasurer, is hereby designated to collect and receive the money paid pursuant to the assessment during the cash collection period, in the manner prescribed by law. 1409439.3 3 Section 16. The City Clerk shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect. PASSED, APPROVED AND ADOPTED this 5th day of June, 2001. CITY Ow VARQON 'AA ayo ATTEST: City Clerk APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON A Professional Corporation City Attorney 1409439.3 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) 1, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council is five; that the foregoing resolution, being Resolution No. 01-059 was duly and regularly adopted by said Council at a regular meeting duly and regularly held on the 5th day of June, 2001 and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS: Mayor Sweeney, Frank, Calas, Ontal, and Dear NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None By: City Clerk, City of arson, alifornia 14094393