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HomeMy WebLinkAboutCC Res 3290 1983-07-11 I 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: I 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. I 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 SIlOo<<\~"'" #, SEAl''''''. ;- -4. 0........ ,;.-..... #~ ...,(\'''o...,.~.......,C'."b. 2~:1',. 'c.....~"A if ,..: ~ ~. :;~ 10. \ 1.,.-- ' l \ . . <C:;! ,..: G-<...^.t" t./~'" .. ~ "..1"'.... ..-..., -> ,. . ~ \~ fII,o," ,I, ; "~-, '" .. ," t. .. 'I.:. 'Il'" . - .- ... 'It "0........""...\.,:- 1\\\\. tI N t'l, ..~..:- "\\'\..'\.~",,..,p I I , I 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 I I 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 I 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. I I I I 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. }~ .............~~ ~_c_ol..II.I......... ...,.____. CALIFORNIA NEWSPAPER SERVICE BUREAU,INC. Legal Advertising Cleerlng Houle 120 Weld Second SI'!, Los Angeles, Calif. 90012 Telephone: 12131 825-2541 _"__.'N..aL_ol~"_ _--1..__. '. . , ';> . This space Is tor the County Clerk's Filing Stamp ~ ~m_"":': .._......--CIIdo.... .r 1},......CIFMc:nY_ _..~_" . -.ClFlIlIClTYCIF-.-, ~ '"aftCIF(''''_ .....a.. 1IOTICE___lIMT ... 1ft .,_10 _ _v.THElITHGAVOFJllLV. ;_ _TIOII CIF a ITIlIEl' _ ATTHE HOUA aF 7. PM ~ _ L.AIlOICa_ 'CIF 8AIl GAV. .. THE COIlNC.. ._._ITOLaVY_COl.U!Cl' CHAMBERS OF THIS CITY L(). ~E'''IIIT' FOR CERTAIN CAlBl AT 11 I ITHBnlEET.1IEAL .S1RUT LIIIIlTIIIGI _ ~ HAS BEEN FIXED as THE *- ~ TO _ 1IME _ PLACE FOR_ING g_tU'MTICIF au. PRl).o:BTI OR CBECnDNI ........ Ale MlClHWAYII .. ICONNICWON WITH THE .. ,.. lTa'll! CIF CAUo RlRUA'IIOII aF au. THE _ .. 11I:11'" ",. OSED MAINTENANCE DlS1RICTS. . _I'UCI! FOR.wuc _ THEEllTENTOFti THEUINTE. ,. n -' NAIICE. WOllKS OF IMPROVE. ~__ ."-~.="":~:~-' - MENT,NCJANYOTHEAIlATTERS: 1HE CITY COIINCIt. 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