HomeMy WebLinkAboutResolution 2021-021RESOLUTION NO. 2021-021
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS FOR THE ATASCADERO
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 03
(DE ANZA ESTATES) FOR FISCAL YEAR 2021/2022
The City Council of the City of Atascadero (hereafter referred to as "City Council") does resolve as
follows:
WHEREAS, The City Council has by previous Resolution initiated proceedings for fiscal
year 2021/2022 regarding the levy and collection of assessments for the Atascadero Landscaping
and Lighting District No. 3 (hereafter referred to as the "District"). Pursuant to the provisions of the
Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways
Code (commencing with section 22500) (hereafter referred to as the "Act"), assessments for the
District shall be levied and collected by the County of San Luis Obispo for the City of Atascadero to
pay the maintenance and services of the improvements and facilities related thereto; and
WHEREAS, the proposed District assessments for fiscal year 2021/2022 are less than or
equal to the maximum assessments previously approved in accordance with the requirements of the
California Constitution, Article XIIID; and
WHEREAS, there has now been presented to this City Council an Engineer's Annual
Levy Report (hereafter referred to as the "Engineer's Report"), and said Engineer's Report has
been filed with the City Clerk in accordance with the Act; and
WHEREAS, the City Council has examined and reviewed the Engineer's Report as
presented and is satisfied with the Report, each of the budget items and documents as set forth
therein and is satisfied that the proposed assessments contained therein, have been spread in
accordance with the benefits received from the improvements, operation, maintenance and
services to be performed within the District, as set forth in said Report.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. The City Council hereby declares its intention to seek the annual levy and
collection of assessments within the District pursuant to the Act, over and including the lands, lots
and parcels within the District boundary. The City Council further declares its intention to levy and
collect assessments on such land to pay the annual costs and expenses of the improvements and
services described in Section 4 of this Resolution, for fiscal year 2021/2022.
SECTION 3. The boundaries of the District are described in the Engineer's Report and are
!� consistent with the boundary established and described in the original formation documents, on file
with the City Clerk, and incorporated herein by reference. The District is within the boundaries of the
City of Atascadero, within the County of San Luis Obispo, State of California and includes the territory
known as De Anza Estates and referred to as the "Atascadero Landscaping and Lighting District No. 03".
City of Atascadero
Resolution No. 2021-021
Page 2 of 3
SECTION 4. The improvements within the District include the ongoing maintenance,
operation and servicing of local landscaping and street lighting improvements established or installed
in connection with development of properties within the District. These improvements generally
include, but are not limited to the materials, equipment, utilities, labor, appurtenant facilities and
expenses necessary for the ongoing maintenance and operation of public street lighting as well as
landscaped parkways, medians, slopes, trails, park areas, drainage basins, open space areas and other
designated easements or right-of-ways constructed and installed as part of the development plans and
agreements approved for the development of each lot and parcel within the District.
SECTION 5. The proposed assessments for fiscal year 2021/2022, as outlined in the
Engineer's Report, do not exceed the maximum assessment approved by the property owners
through a property owner balloting proceeding conducted in 2005. As such, the proposed
assessments do not constitute an increased assessment and do not require additional property owner
approval in accordance with the requirements of the California Constitution, Article XIIID.
SECTION 6. The City Council hereby declares its intention to conduct a Public Hearing
concerning the District and the levy of assessments in accordance with Chapter 3, Section 22626 of
the Act.
SECTION 7. Notice is hereby given that a Public Hearing on these matters will be held by
the City Council on Tuesday, June 8, 2021, at 6:00 p.m., at the City Council Chambers, 6500 Palma
Avenue, Atascadero, California or as soon thereafter as feasible. At the Public Hearing, all interested
persons shall be given an opportunity to hear and be heard on the proposed assessment to be levied
for fiscal year 2021/2022 as contained in the Engineer's Report on file in the City Clerk's Office. j
SECTION 8. The City Clerk shall give notice of the time and place of the Public Hearing
to all property owners within the District pursuant to Sections 22626, 22552 and 22553 of the Act
and 6061 of the Government Code by publishing this Resolution of Intention in a local newspaper
one time at least 10 days prior to the Public Hearing.
PASSED AND ADOPTED at a regular meeting of the City Council held on the 11th day
of May, 2021.
On motion by Council Member Bourbeau and seconded by Council Member Funk, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
Council Members Bourbeau, Dariz, Funk, Newsom and Mayor Moreno
NOES:
None
ABSENT:
None
ABSTAIN:
None
CITY OF ATASCADERO
Heather Moreno, Mayor
City of Atascadero
Resolution No. 2021-021
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APPROVED AST ORM:
Brian A. Pieri, City Attomey