HomeMy WebLinkAboutCC Res 3290 1983-07-11
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RESOLUTION NUMBER .8~ 0
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH CHANGING A REPORT,
MAKING CERTAIN FINDIIIGS AND DETERMINATIONS
AND CONFIRMING A DIAGRAM AND ASSESSMENT IN
CONNECTION WITH STREET LIGHTING AND
LANDSCAPING DISTRICT NO.1,
THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY FINDS, DETERMINES,
RESOLVES AND ORDERS AS FOLLOWS:
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Section 1, The City Council hereby orders changes to the matters
provided in that certain Engineer's Report entitled
"City of Seal Beach, Engineer's Report, Street Lighting
and Landscaping District No, 1," namely (1) the addition
of a preface and definition of terms to such Engineer's
Report, entitled "Preface and Definition of Terms" as
shown on Exhibit A, attached hereto; (ii) the addition
of Appendix E to such Engineer's Report, entitled
"Appendix E, Findings and Conclusions" as shown on
Exhibit B, attached hereto; (iii) the deletion of
assessments for the maintenance of local street trees;
(iv) the Safeway Shopping Center, the Leisure World
Shopping Center, and the Rossmoor Shopping Center
Parking Lot Parcel shall be assessed based upon moderate
nighttime use; and (v) the net amount to be assessed
upon assessable lands within the District for park
maintenance shall be reduced by $45,355,
Section 2, The net amount to be assessed upon lands within Street
Lighting and Landscaping District No.1 in accordance
with the Engineer's Report described in Section 1,
above, is apportioned by a formula and method which
fairly distributes the net amount among all assessable
lots or parcels in proportion to the estimated benefits
to be received by each such lot or parcel from the
improvements, namely the maintenance of street li~hts
and landscaping within such District. The foregoing
conclusion is based upon the following findings and
determinations of the City Council:
A. The maintenance of the street lights along the
streets and highways within the District specifically
named and listed in such Engineer's Report provides
a special benefit which is received by each and
every lot or parcel within the District, tending
to enhance their value, for the following reasons:
Each of the streets listed is a major street or
arterial which improves access to all lots or parcels
throughout the District. Such street lights improve
ingress to and egress from such lots or parcels by
illuminating access after sunset. Furthermore, such
street lights, by so improving ingress and egress,
improve the security of such lots or parcels by
improving the nighttime visibility of such lots or
parcels and improve the access of emergency vehicles
thereto, and in the case of commercial lots or parcels,
facilitate the opening and operation of business uses
after sunset.
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B. Maintenance of the landscaping improvements along
the streets and highways within the District
specifically named and listed in such Engineer's
Report provides a special benefit which is received
by each and every lot or parcel within the District,
tending to enhance their value, for the following
reasons: The existence of properly maintained trees
along such streets and highways improve the
attractiveness and enhance the environmental quality
Resolution Number _-i::JtJO
Page 2
of all lots or parcels within the District and make
such lots or parcels more desirable for residential
and business uses. Properly maintained trees along
streets and highways improves ingress and egress
from such lots or parcels.
C, Maintenance of certain street lights along the streets
and highways in close proximity to certain lots or
parcels provides a special benefit which is received
by such lots or parcels, tending to enhance their
value, for the following reasons: Such street lights,
by virtue of the illumination they provide, improve
the security of such lots or parcels. Such street
lights also improve ingress to and egress from such
lots or parcels by illuminating access after sunset
and, by so improving ingress and egress, further
improve the security of such lots or parcels by
improving the nighttime visibility of such lots or
parcels and the access of emergency vehicles thereto.
Also, in the case of commercial lots or parcels, such
street lights, by improving ingress and egress,
facilitate the opening and operation of business
uses after sunset.
0, Maintenance of the landscaping improvements within
public parks within the District provides a special
benefit which is received by each and every residential
lot or parcel within the District, except those certain
lots or parcels located within Leisure World, tending
to enhance their value, for the following reasons:
The relatively uniform geographical distribution of
public parks throughout the District places all such
residential lots or parcels within the District within
relatively close proximity to a public park. The
relatively close proximity to a public park and to a
system of well maintained public parks improves the
attractiveness and enhances the environmental quality
of all such residential lots or parcels and makes such
lots or parcels more desirable for residential use.
Section 3, The City Council hereby orders the maintenance described
in such Engineer's Report, as changed pursuant to
Section 1 above, and the formation of Street Lighting
and Landscaping District No, 1 as described therein,
and hereby confirms the diagram and assessment as set
forth therei n .
Section 4. The City Clerk is hereby authorized and directed to file
such diagram and assessment, or a certified copy thereof,
with the County Auditor of the County of Orange.
PASSED, APPROVED AND ADOPTED by the City Council of the 1
Seal Beach at a meeting t reof held on he ,1~~ day
1983, by the following v :
AYES:
NOES:
Councllmembers
Councllmembers
ABSENT: Councilmembers
~~!'r
yor
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Resolution Number 3;290
Page 3
Attest:
~~
I (d/ { do
(ty C erk /
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California,
do hereby certify that the foregoing resolution is the original
copy of Resolution Number~~~oon file in the office of the City
Clerk, pass~d, approved and a opted by the City Council of th~/~
City of seall each at a regular meeting thereof held on the 'I' ".-,
day of " , , 1983.
/'
1..-
..-
,
/
/
~Clerk
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Resolution NUr.lber S2tja
PREFACE AND DEFINITION OF TERMS
This Engineer's Report was prepared pursuant to provisions
of the Street Lighting and Landscaping Act of 1972. In determining the
amount of the assessment upon the various lot and parcels within Street
Lighting and Landscaping District No, 1, due consideration is given to
the special benefits received by real property occasioned by such
maintenance, which tend to enhance the value of the lots or parcels
within the District, In that regard, consideration is given to many
traditional factors as well as to "people related benefits" which are
those special benefits which make real property more desirable for its
permitted uses, thereby enhancing its value.
Definitions
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The following terms shall have the following meanings,
unless the context requires otherwise:
"Assessment district" or "district" means Street Lighting
and Landscaping District No.1; the boundaries of which are shown on the
diagram set forth in Appendix A,
"City" means the City of Seal Beach, California.
"Direct benefit" means the special benefit of an improvement,
or the maintenance thereof, received by a lot or parcel in close proximity
to such improvement,
"General benefit" means the special benefit of an improvement,
or the maintenance thereof, which is received by all assessable lots or
parcels within the District whether or not such lots or parcels are in close I
proximity to such improvement,
"Report" means this Engineer's Report.
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Resolution Number #2.tlo
APPENDIX E
FINDINGS AND CONCLUSIONS
The net amount to be assessed upon lands within the District
in accordance with this Report is apportioned by a formula and method which
fairly distributes the net amount among all assessable lots or parcels in
proportion to the estimated benefits to be received by each such lot or
parcel from the improvements. namely the maintenance of street lights and
landscaping within such District. The foregoing conclusion is based upon
the following:
A. The maintenance of the street lights along the streets and
highways within the District specifically named and listed" previously in
this Report provides a special benefit which is received by each and eve~
lot or parcel within the District. tending to enhance their value. for the
following reasons: Each of the streets listed is a major street or arterial
which improves access to all lots or parcels throughout the District. Such
street lights improve ingress to and egress from such lots or parcels by
illuminating access after sunset. Furthermore. such street lights. by so
improving ingress and egress. improve the security of such lots or parcels
by improving the nighttime visibility of such lots or parcels and improve
the access of emergency vehicles thereto. and in the case of commercial
lots or parcels. facilitate the opening and operation of business uses
after sunset.
B. Maintenance of the landscaping improvements along the
streets and highways within the District specifically named and listed
previously in this Report provides a special benefit which is received by
each and every lot or parcel within the District. tending to enhance their
value. for the following reasons: The existence of properly maintained
trees along such streets and highways improve the attractiveness and enhance
the environmental quality of all lots or parcels within the District and
make such lots or parcels more desirable for residential and business uses.
Properly maintained trees along streets and highways improves ingress and
egress from such lots or parcels.
C. Maintenance of certain street lights along the streets and
highways in close proximity to certain lots or parcels provides a special
benefit which is received by such lots and parcels. tending to enhance
their value. for the following reasons: Such street lights. by virtue of
the illumination they provide. improve the security of such lots or parcels.
Such street lights also improve ingress to and egress from such lots or
parcels by illuminating access after sunset and. by so imprOving ingress and
egress. further improve the security of such lots or parcels by improving
the nighttime visibility of such lots and parcels and the access of emergency
vehicles thereto. Also. in the case of commercial lots on parcels. such
street lights. by improving ingress and egress. facilitate the opening and
operation of business uses after sunset.
D. Maintenance of the landscaping improvements within public
parks within the District provides a special benefit which is received by
each and every residential lot or parcel within the District. except those
certain lots or parcels located within Leisure World. tending to enhance
their value. for the following reasons: The relatively uniform geographical
distribution of public parks throughout the District places all such
residential lots or parcels within the District within relatively close
proximity to a public park. The relatively close proximity to a public park
and to a system of well maintained public parks improves the attractiveness
and enhances the environmental quality of all such residential lots or
parcels and makes such lots or parcels more desirable for residential use.
. "
EXHIBIT nBn
.
" Resolution Number .3290
PROOF OF PUBLICA liON
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States and a
resident of the County aforllSllid; I am over
the age of eighteen years, and not a perty to
or Interested In the above-entltled matter. I
am the princlpel clerk of the "rlnter of the
and published ......
In the City of ...~-l... ..
County of Orange, and which news.
paper has been adjudged a newspalMlr
of general circulation by the Supel'lor
Court of the County of Ora~, State of
Calltornla,underthedateof~ 19~Z:"
Case Number ..1I.f.1.5i!l; that the notice,
of which the annexed Is a printed copy (set .
In type not Ismaller than nonpareil), has
been published in each regular and entire
ISlue of said newspaper and not In any
supplement thereof on the following dates,
to.wlt: ~
~1~'~~'~'~a>'l~:.~...~Jdr"''''''''''
I certify (or deelar..) under penalty of
perlury that the foregoing Is true and
correct. ~
Deted at ...._ .:~~...&.~~~....
Callfornla,thIL~Yof. }~
.............~~
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CALIFORNIA NEWSPAPER SERVICE
BUREAU,INC.
Legal Advertising Cleerlng Houle
120 Weld Second SI'!, Los Angeles, Calif. 90012
Telephone: 12131 825-2541
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