HomeMy WebLinkAboutResolution 2019-042RESOLUTION NO. 2019-042
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2019/2020 FOR
LANDSCAPING AND LIGHTING DISTRICT NO. 01 (APPLE VALLEY)
WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as
City Council) has by previous Resolutions initiated proceedings and declared its intention to levy
special benefit assessments against parcels of land within the Landscaping and Lighting District No.
01 (Apple Valley) (hereafter referred to as the "District") for fiscal year 2019/2020, said fiscal year
commencing July 1, 2019 and ending June 30, 2020; pursuant to the provisions of the Landscaping
and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code,
commencing with Section 22500 (hereinafter referred to as the "Act") to pay the costs and expenses
of operation, maintenance, repair and servicing of local 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, and the City Clerk has presented to the City Council an Engineer's Report in connection with
the proposed levy of special benefit assessments upon eligible parcels of land within the District,
and the City Council did by previous Resolution adopt and approve said Engineer's Report; and
WHEREAS, the City Council desires to levy and collect assessments against parcels of
land within the District for the fiscal year commencing July 1, 2019 and ending Jtme 30, 2020, to
pay the costs and expenses of operation, maintenance, repair and servicing of local landscaping,
street lighting, and appurtenant facilities related thereto; and
WHEREAS, the City and its legal counsel have reviewed Proposition 218 and found that
these assessments comply with applicable provisions of Section XIIID of the California State
Constitution.
NOW, THEREFORE BE IT RESOLVED, by the City Cr�ncil qt the 'Ciiy of
Atascadero:
SECTION 1. Following notice duly given, the City Council has,held mall and3air Public
Hearing regarding its Resolution approving the Engineers Report prepared'in connection with --the
levy and collection of assessments, and considered the oral and written slaiemems, protests-
communications made or filed by interested persons.
SECTION 2. Based upon its review of the Engineer's Report, a copy of which has been
presented to the City Council and which has been filed with the City Clerk, the City Council hereby
finds and determines that:
a) The land within District will receive special benefit by the operation, maintenance
and servicing of improvements to be provided by the District.
b) The net amount to be assessed upon the lands within the District is in accordance and
apportioned by a formula and method which fairly distributes the net amount among the eligible
parcels in proportion to the special benefit to be received by each parcel from the improvements
and services for the fiscal year commencing July 1, 2019 and ending June 30, 2020.
City of Atascadero
Resolution No. 2019-042
Page 2 of 2
SECTION 3. The City Council hereby orders the proposed improvements to be made, ^
which improvements are briefly described as the maintenance, operation, administration and I I
servicing of the improvements that may include, but is not limited to local street lights, landscaping,
parks and open space areas within the District and appurtenant facilities related thereto.
SECTION 4. The maintenance. operation and servicing of improvements shall be
performed pursuant to the Act and the County Auditor of San Luis Obispo County shall enter on the
County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be
collected at the same time and in the same manner as the County taxes are collected. After
collection by the County, the net amount of the levy shall be paid to the City.
SECTION 5. The City shall deposit the money representing assessments collected by the
County for the District to the credit of a fund for the Landscaping and Lighting District No. 01
(Apple Valley), and such money shall be expended for the maintenance, operation and servicing of
the improvements as described in the Engineers Report and generally described in Section 3 of this
Resolution.
SECTION 6. The adoption of this Resolution constitutes the levy of assessments for the
fiscal year commencing July 1, 2019 and ending June 30, 2020.
SECTION 7. The City Clerk or their designee is hereby authorized and directed to file the
levy with the County Auditor, per Sections 22645-22647 of the Act, upon adoption of this
Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council held on the 1 Ith day
of June. 2019.
CITY OF ATASCADERO
_ Heather Moreno, Moreno, Mayor
For Lara K. Chri errien City CleK
APPROVED AS TO FORM:
Brian Pierik, City Attorney
n
n
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) §
CITY OF ATASCADERO )
I, AMANDA MUTHER, Deputy City Clerk of the City of Atascadero. DO HEREBY
CERTIFY that the foregoing Resolution No. 2019-042 was duly adopted at a regular meeting of
the City Council of the City of Atascadero held on the 11 th day of June, 2019, by the following
roll call vote, to wit:
AYES: Council Members Fonzi, Funk, Newsom, Mayor Pro Tem Bourbeau and
Mayor Moreno
0161*6MW
ABSENT: None
57
AMANDA MUTHER;.' o
DEPUTY CITY CLERK
The foregoing is the original of Resolution No. 2019-042 duly passed and adopted by the
Atascadero City Council at their regular meeting held June 11, 2019.
AMANDA MUTHER—
DEPUTY CITY CLEf4c =