HomeMy WebLinkAboutResolution 2005-067 RESOLUTION 2005-067
A RESOLUTION OF THE CITY COUNCIL OF ATASCADERO,
CALIFORNIA,DECLARING ITS INTENTION TO FORM
LANDSCAPING AND LIGHTING DISTRICT NO. 03 (DE ANZA
ESTATES); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS
WITHIN SUCH DISTRICT COMMENCING IN FISCAL YEAR 2005/2003,
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. 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
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landscape improvements 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 Constitutior,
Articles XMC and XIIID, 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 thy.
District pursuant to the 1972 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 landscaping,
tm, trails,open space areas and appurtenant facilities and expenses related thereto.
City of Atascadero
Resolution 2005-067
Page 2 of 5
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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 and plants, trees, irrigation and drainage systems,
ornamental lighting, masonry walls or other fencing, trail surfaces, hardscape improvements,
monuments, and associated appurtenant facilities located within the open space areas, landscape
easements or public right-of-ways 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. 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 70 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 XIHC and XHID.
The assessment ballot proceeding for the District on the matter of authorizing the levy of the
assessments, pursuant to California Constitution, Article XMD, Section 4 consists of a ballot,
included with a mailed notice, distributed by mail, to the property owners of record.
City of Atascadero
Resolution 2005-067
Page 3 of 5
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., before the City Council 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.
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.
City of Atascadero
Resolution 2005-067
Page 4 of 5
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 XMD, 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 6061 as outlined in the 1972 Act. As required by the
California Constitution Article X», 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 2005-067
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On motion by Council Member Clayand 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 ATAS ADE /
By:
Wend Scali ayor
Attest:
Marcia McClure Torgerson, C.4.,
City Clerkl
C APPRO AS .
Patrick L.� Wright, City Attorney