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HomeMy WebLinkAboutResolution 2005-032 r RESOLUTION NO. 2005-032 A RESOLUTION OF THE CITY COUNCIL OF ATASCADERO, CALIFORNIA,DECLARING ITS INTENTION TO FORM LANDSCAPING AND LIGHTING DISTRICT NO. 02 (WOODRIDGE); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS WITHIN SUCH DISTRICT COMMENCING IN FISCAL YEAR 200512006; AND TO CONDUCT A PROPERTY OWNER BALLOTING ON THE MATTER OF THE PROPOSED ASSESSMENTS CONNECTED THEREWITH, AND TO APPOINT A TIME AND PLACE FOR THE PUBLIC HEARING ON THESE MATTERS WHEREAS, the City Council pursuant to the provisions of the Landscaping and Lighting Act of 1972. Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "1972 Act') did by previous Resolution, initiate proceedings for the formation of an the assessment district designated as "Landscaping and Lighting District No. 02 (Woodridge)" (hereafter referred to as the "District'); to provide for the levy and collection of annual assessments to pay for the operation, maintenance and servicing of landscaping, street lighting and appurtenant facilities related thereto; and, WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk a Report in connection with the proposed District, and the levy of assessments commencing with Fiscal Year 2005/2006 (July 1, 2005 and ending June 30, 2006) in accordance with Chapter 1, Article 4 of the 1972 Act and in accordance with the requirements of the California Constitution, Articles XIBC and XIED, and the City Council did by previous Resolution preliminarily approve such Report; NOW, THEREFORE,BE IT RESOLVED, by the City Council of the City of Atascadem SECTION 1. The City Council hereby declares its intention to seek the annual levy of the District pursuant to the 1972 Act, over and including the land within the District boundary, and to levy and collect special benefit assessments on parcels of land within the District to pay for the costs and expenses associated with the operation, maintenance,repair and servicing of landscaping, street lighting and appurtenant facilities and expenses related thereto. City of Atascadero Resolution No.2005-032 Page 2 of 4 SECTION 2. The District improvements include the ongoing operation, administration, maintenance, servicing and incidental expenses related to the dedicated landscape areas, public street lighting and appurtenant facilities authorized pursuant to the 1972 Act that were installed as part of property development and associated with the District. Said improvements may include, but are not limited to turf, ground cover, shrubs, trees,plants, irrigation and drainage systems, hardscape improvements ornamental lighting structures, street lighting and associated appurtenant facilities located within the public street right-of-ways, parks, open spaces or other easements within the District, and dedicated to the City of Atascadero for such maintenance. The Engineer's Report, as ordered by previous Resolution, provides a full and complete description of the improvements within the District. SECTION 3. The proposed territory within Landscaping and Lighting District No. 02 (Woodridge) consists of all lots,parcels and subdivisions of land located in the development known as Woodridge Tract 2525-1, that is proposed to include one hundred forty-three (143) single-family residential units, thirty-five (35) condominium/senior residential housing units and one hundred 1*AW (100)multi-family/apartment units when fully subdivided. SECTION 4. An assessment ballot proceeding is hereby called on behalf of the District on the matter of confirming assessments for any property within the District subject to a new assessment pursuant to California Constitution Articles XIHC and XIM. The assessment ballot proceeding for the District on the matter of authorizing the levy of the assessments, pursuant to California Constitution, Article XIIID, Section 4 consists of a ballot, included with a mailed notice, distributed by mail, to the property owners of record. Each property owner's ballot returned is weighted by the amount of its proposed assessment. Each property owner may return the ballot by mail or in person to the City Clerk not later than the conclusion of the Public Hearing on the matter on May 24, 2005. The Public Hearing is scheduled to begin on Tuesday, May 24, 2005, at 7:00 p.m., at the City Council Chambers, 6905 El Camino Real, Suite 6, Atascadero, California. At the conclusion of the Public Hearing, the City shall tabulate the ballots to determine if a majority protest exists. Majority protest exists if ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. City of Atascadero Resolution No.2005-032 Page 3 of 4 SECTION 5. The proposed assessments for the District are outlined in the Engineer's ,*MW Report. The Report details the proposed assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements described in Section 2 of this Resolution. In subsequent years, the City Council will hold a Public Hearing for the District prior to approving the annual levy of assessments for the upcoming fiscal year. An increase to the annual assessment requires approval of that increase by the property owners through protest ballot proceedings. An increased annual assessment is defined as an assessment that is greater than the Adjusted Maximum Assessment (Initial Maximum Assessment plus the Annual Inflationary Adjustment) approved by the property owners. The initial maximum assessment and annual inflationary adjustment are outlined in the Engineer's Report. SECTION 6. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, May 24, 2005 at 7:00 p.m. or as soon thereafter as feasible in the regular meeting chambers of the City Council located at 6905 El Camino Real, Suite 6, Atascadero, California, in accordance with Government Code, Section 53753 and California Constitution, Article XIIID, Section 4(e). The City shall give notice of the time and place of the 1%W Public Hearing by posting a copy of this resolution on the official bulletin board customarily used by the Council for the posting of notices and by publishing this resolution in a local newspaper pursuant to Government Code Section 6061 as outlined in the 1972 Act. As required by the California Constitution Article XIIID, those properties subject to a new or increased assessment shall be mailed a notice of the Public Hearing and a property owner ballot not less than 45 days before the date of the public hearing. Property owners being balloted for a new assessment must return their ballots to the City Clerk prior to the conclusion of the Public Hearing for tabulation. At the Public Hearing, all interested persons shall be permitted to present written and/or oral testimony. 'fir City of Ataseadero Resolution No.2005-032 Page 4 of 4 On motion by Council Member Luna and seconded by Council Member Pacas, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Clay, Luna, O'Malley,Pacas and Mayor Scalise NOES: None ABSENT: None ADOPTED: April 12, 2005 CITY OF ATASCADERQ By: We ''Scalis5/Mayor Attest: Marcia McClure Torgerson, C.M.C., City lerk APPROE SAS T Patrick.L.-tn V ity Attorney