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HomeMy WebLinkAbout2015-06-23 - RESOLUTIONS - BALLOT TABULATION LMD DIS 1 (2)RESOLUTION NO. 15-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, APPROVING A FINAL ENGINEER'S REPORT, ORDERING ANNEXATIONS INTO LANDSCAPE MAINTENANCE DISTRICT NO. 1, PROVIDING FOR THE LEVY AND COLLECTION OF THE ANNUAL ASSESSMENTS THEREIN, AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Santa Clarita (City) has initiated proceedings to annex properties in the City into Zone 31 (Five Knolls) within Landscape Maintenance District (LMD) No. 1 (Annexation) pursuant to the provisions of the "Landscaping and Lighting Act of 1972," being Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500) and in accordance with Article XIIID of the California Constitution and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the California Government Code) (collectively the "Assessment Law"), to fund the costs of installation, servicing, and maintenance of landscaped improvements within public rights-of-way and dedicated Iandscape easements within the City; and WHEREAS, the City Council did order and subsequently receive a report prepared by Willdan Financial Services (Assessment Engineer), prepared in accordance with the Assessment Law; and WHEREAS, the City Council did set the time and place for a Public Hearing to consider the Annexation and to authorize the annual levy of assessments therein, and did order that notice of such Public Hearing, accompanied by assessment ballots, be given to the record owners of property within the proposed Annexation in accordance with the provisions of the Assessment Law; and WHEREAS, notice of such Public Hearing accompanied by assessment ballots were mailed to the record owners of property within the proposed Annexation in accordance with the provisions of the Assessment Law; and WHEREAS, the City Council considered all oral and written statements, protests, and communications made or filed by any interested persons; and WHEREAS, a Final Engineer's Report has been duly presented by the City Clerk for consideration and has been fully considered by the City Council; and WHEREAS, following conclusion of the Public Hearing, assessment ballots received by the City were tabulated by the City Clerk, and a majority protest did not exist. 1NOW THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Recitals. The above recitals are true and correct. SECTION 2. Procedures. The City Council hereby finds and determines that the I procedures for the consideration of the levy of the assessments have been undertaken in accordance with the Assessment Law. SECTION 3. Assessment Ballot Procedures. Assessment ballots were mailed as required by Assessment Law to the record owners of all properties within the Annexation, which are proposed to be assessed. The assessment ballots that were completed and received by the City Clerk prior to the close of the Public Hearing have been tabulated in accordance with the procedures established by Assessment Law and the City Council, and the results of such tabulation have been submitted to the City Council. The City Council hereby finds that the assessment ballots submitted in favor of the levy of assessments, as weighted in accordance with Assessment Law, exceed the assessment ballots submitted in opposition to such levy, also as weighted in accordance with Assessment Law; therefore, no majority protest to the levy of assessments within the Annexation has been found to exist. SECTION 4. Approval of Final Engineer's Report. The Final Engineer's Report, including the plans, specifications, general descriptions, estimate of the cost of installation, servicing, and maintenance of landscaped and appurtenant improvements within public rights-of- way and dedicated landscape easements within various areas in the City (the "Improvements") and incidental expenses in connection therewith, the diagram and the proposed assessments, is hereby approved as filed and incorporated herein by this reference. ' SECTION 5. Annexation of Territory. The City Council hereby orders the Annexation. SECTION 6. Creation of LMD Assessment Zones. The City Council hereby orders the creation of LMD Assessment Zone No. 31 (Five Knolls). SECTION 7. Determination and Confirmation. Based upon the Final Engineer's Report and the testimony and other evidence presented at the Public Hearing, the City Council hereby makes the following determinations regarding the assessments proposed to be imposed commencing with Fiscal Year 2015-16 and the annual assessment proposed to be imposed to pay for the estimated costs of the maintenance of all of the improvements to ultimately be maintained upon the completion and acceptance of thereof: a. The proportionate special benefit derived by each parcel assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses. b. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel. c. Only the special benefits have been assessed. The maximum assessments for the Annexation contained in the Final Engineer's Report ' for Fiscal Year 2015-16 are hereby confirmed. Subsequent annual assessments in amounts not to exceed the maximum annual assessment of the estimated costs of the maintenance of all of the ' improvements to ultimately be maintained upon the completion and acceptance of thereof as set forth in the Final Engineer's Report may be subsequently confirmed and levied without further assessment ballot proceedings pursuant to the Assessment Law. Each fiscal year after the base year (Fiscal Year 2015-16), the maximum assessment shall be increased by the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the Los Angeles, Riverside, and Orange County areas, published by the United States Department of Labor, Bureau of Labor Statistics (or a reasonably equivalent index if such index is discontinued) without further compliance with the assessment ballot procedures required under the Assessment Law. SECTION 8. Ordering of Maintenance. The public interest and convenience requires, and this legislative body does hereby order, the maintenance work to be made and performed as said maintenance work is set forth in the Final Engineer's Report. SECTION 9. Filing with Secretary. The above -referenced diagram and assessment shall be filed in the Special Districts' office. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. SECTION 10. This resolution shall take effect immediately. SECTION 11. The City Clerk shall certify to the passage and adoption of this resolution, cause the same to be entered in the book of resolutions of the City, and make a minute ' of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is presented. PASSED, APPROVED, AND ADOPTED this 23rd day of June 2015, MOM ATTEST: CITY DATE: �,1�/ <_ STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 23rd day of June 2015, by the following vote: AYES: COUNCILMEMBERS: Boydston, Weste, Acosta, Kellar, McLean NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None