HomeMy WebLinkAboutResolution 2005-064 RESOLUTION NO. 2005-064
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A RESOLUTION OF THE CITY COUNCIL OF ATASCADERO,
CALIFORNIA, DECLARING ITS INTENTION TO FORM STREET AND
STORM DRAIN MAINTENANCE DISTRICT NO. 03 (DE ANZA
ESTATES); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS
WITHIN SUCH DISTRICT COMMENCING IN FISCAL YEAR 2005/2006,:
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 Benefit Assessment Act of
1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter
referred to as the "1982 Act") did by previous Resolution, initiate proceedings for the formation
of an the assessment district designated as Street and Storm Drain Maintenance District Na.
03 (De Anza Estates) (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 public
streets,drainage and flood control systems 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 1982 Act and in accordance with the requirements of the
California Constitution, Articles X111C and X111D, 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 Atascadero
SECTION 1. The City Council hereby declares its intention to seek the annual levy of the
District pursuant to the 1982 Act, over and including the land within the District boundary, and tc
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 public,
streets,drainage and flood control systems and appurtenant facilities related thereto.
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City of Atascadero
Resolution 2005-064
Page 2 of 4
SECTION 2. The District improvements include the ongoing operation, administration,
maintenance and servicing of the public streets, drainage and flood control systems and appurtenant
facilities authorized pursuant to the 1982 Act that were installed as part of property development
and associated with the District. Said improvements may include, but are not limited to pavement,
curbs, sidewalks, hardscape, bridges, fencing, signage, drains, pipes,inlets, manholes, outlets, catch
basins, drainage basins, and associated appurtenant facilities located within the public street right-
of-ways and other public 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 more
detailed description of the improvements within the District.
SECTION 3. The proposed territory within Street and Storm Drain Maintenance District
No. 03 (De Anza Estates) consists of all lots, parcels and subdivisions of land located in the
development known as De Anza Estates Tract 2498, which is proposed to include 26 single-family
residential units and 60 senior housing 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 XIIIC and XIIID.
The assessment ballot proceeding for the District on the matter of authorizing the levy of
the assessments, pursuant to California Constitution, Article XHID, 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 August 9, 2005. The Public
Hearing is scheduled to begin on Tuesday, August 9, 2005, at 7:00 p.m., in the regular meeting
chambers of the City Council located at the Atascadero Lake Pavilion, 9315 Pismo Street,
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 2005-064
Page 3 of 4
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SECTION 5. The proposed assessments for the District are outlined in the Engineer's
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, August 9, 2005 at 7:00 p.m. or as soon thereafter as feasible in
the regular meeting chambers of the City Council located at the Atascadero Lake Pavilion, 9315
Pismo Street, 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 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 6066 as outlined in the 1982 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.
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.
City of Atascadero
Resolution 2005-064
Page 4 of 4
On motion by Council Member Clay and seconded by Mayor Pro Tem O'Malley, the foregoing
Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Clay, O'Malley,Pacas and Mayor Scalise
NOES: None
ABSENT: Council Member Luna
ADOPTED: July 12, 2005
CITY OF ATASCADERO
By:
Wendy Scalise, Mayor
Attest:
Marcia McClure Torgerson, C.M.C., a
City Clerk
APPR D Ate. RM:
Pat °k E ht, City Attorney