HomeMy WebLinkAboutReso 20-16 Initiating Proceedings To Levy The Cloisters Park And Open Space Landscaping And Lighting Maintenance Assessment DistrictRESOLUTION No. 2046
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
INITIATING PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT
FOR CLOISTERS LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE
"LANDSCAPING AND LIGHTING ACT OF 1972"
(STREETS AND HIGHWAYS SECTIONS 22500 ET SEQ.)
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City Council has placed certain conditions on the development of Tract
19961 The Cloisters, requiring formation of a property Maintenance Assessment District
encompassing and coterminous with the proposed subdivision to provide for the maintenance of
a public park, bicycle pathway, right-of-way landscaping, coastal access ways, ESH restoration
area, and other common area improvements to be held by or dedicated to the City of Morro Bay
as required by City Ordinance and;
WHEREAS, these conditions are more specifically identified in Vesting Tentative Tract
Map (condition l0e) and Precise Plan (condition 2c) as required by City Ordinance; and
WHEREAS, the owners of the real property within the proposed district (the "Owners")
have consented in writing to the formation of the district pursuant to the Landscaping and
Lighting Act of 1972 (Streets and Highways Code sections 22500 et seq.) (the "Act"), and are
the only owners of property to be subject to assessments within the district; and
WHEREAS, the Owners of real property within the proposed district have dedicated in
fee and in perpetuity, Lot 121 (Parcel 1) and Lot 122 of Tract 1996, and the City has accepted
that Offer of Dedication; provided that the costs of maintenance thereof, are borne by an
assessment district as required by the Conditions of Approval of the project; and
WHEREAS, one hundred percent (100%) of the property owners, at the time of the
subdivision of the land, approved formation of the district to assure conformance with the "Right
to Vote on Taxes Act" (Proposition 218, California Constitution Act XIII C & D); and
WHEREAS, subsequent .owners of the lots within the subdivision have received
"constructive notice" of the existence of the assessment district through the real estate
disclosures, title report process, and publically available records.
Bay:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
1. The City Council of the City of Morro Bay hereby declares its intent to initiate the
proceedings to levy and collect assessments pursuant to the Act.
City Council Resolution #20-16
Page 2
2. The improvements to be subject to assessment for maintenance by such District shall
include those enumerated in the conditions of project approval and in Section 22525
of the Act, which were installed by the developer as a condition of approval of Tract
1996; pursuant to the Final Improvement Plans for the Cloisters Project as approved
by the City.
3. The Assessment District is a District located in the City of Morro Bay, County of
San Luis Obispo. A map showing the boundaries of the District is attached as
Exhibit A which is hereby incorporated herein.
4. An Engineer's Report will be prepared for consideration at a public hearing to be
held on May 10, 2016, by the City Council.
5. This District is called the "Cloisters Landscaping and Lighting Maintenance
Assessment District."
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 22nd day of March, 2016 by the following vote:
AYES: Irons, Headding, Johnson, Makowetski, Smukler
NOES: None
ABSENT: None
JA�'IE L. IRONS, Mayor
ATTEST:
DANA SWANSON, City Clerk