HomeMy WebLinkAbout1997-07-08 - RESOLUTIONS - LMD T2 T3 T4 T5 (2)RESOLUTION NO. 97-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA CLARITA, CONFIRMING THE DIAGRAM
AND ASSESSMENT AND LEVYING THE
ASSESSMENTS WITHIN ZONE NOS. T2 (OLD ORCHARD), T3 (VALENCIA HILLS),
T4 (VALENCIA MEADOWS), AND T5 (LA QUESTA) OF THE
SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1
WHEREAS, the City Council adopted a joint resolution on April 22, 1997, establishing
the transfer of jurisdiction for Landscape Maintenance Districts within the City of Santa
Clarita. Those Districts have been administered by the County until now and have been known
as Santa Clarita LLA District No. 3, Zone Nos. 2 (Old Orchard), 3 (Valencia Hills), 4 (Valencia
Meadows), and 5 (La Questa). The County adopted the joint resolution on June 3, 1997, and the
transfer is to become effective July 1, 1997. The City is responsible for establishing the
assessment for the 1997-98 fiscal year;
WHEREAS, on November 10, 1982, the Santa Clarita Landscape Maintenance
District No. 1 was formed in accordance with the Landscape and Lighting Maintenance Act of
1972;
WHEREAS, Santa Clarita LLA District No. 3, Zone Nos. 2, 3, 4, and 5, which were
._. administered by the County, are now entirely located within the territorial boundaries of the
City of Santa Clarita (the "City"); and those zones are now referred to as City Landscape
District No. 1, Zone Nos. T2, T3, T4 and T5, respectively; and each zone has been ratified by
voter approval upon incorporation of the City, and has been determined to be in compliance with
the procedures and approval process set forth in Section 4 of Proposition 218, the right to vote
on taxes act;
WHEREAS, Sections 22585 and 22622 of the Act require that the City adopt a
resolution generally describing any new improvements or substantial changes in existing
improvements within the existing District and any zones therein and order the Assessment
Engineer to prepare and file a report in accordance with Article 4 of the Act for the existing
District;
WHEREAS, the improvements to be installed or maintained may include installation,
construction or maintenance of any authorized improvements under the Act, including, but not
limited to, lighting facilities, traffic signals, one or more of landscaping, statuary, fountains, and
other ornamental structures and facilities, park or recreational improvements and any facilities
which are appurtenant to any of the aforementioned or which are necessary or convenient for
the maintenance or servicing thereof,
WHEREAS, the Assessment Engineer has filed with the City Clerk the Engineer's
Report required by Article 4 of the Act (the "Engineer's Report"). The report is incorporated by
reference as part of this resolution. All interested persons are referred to the Engineer's Report
for a full and detailed description of the proposed boundaries of the existing District and any
zones therein, the improvements, and the proposed assessments upon the assessable lots and
parcels of land within the existing Zone Nos. T2, T3, T4, and T5 within the District;
RESOLUTION NO. 97-90
July 8, 1997 - Page 2
WHEREAS, the City Council of the City has authorized the City Manager and/or the
City Engineer to process the transfer of Zone Nos. T2, T3, T4, and T5 on behalf of the City and
authorizing the City Engineer to execute all documents necessary to complete the transfer of
those zones from the County to the City;
WHEREAS, this is the proceeding for the annual update and Engineer's Report for
levying the annual assessments for Zone Nos. T2 through T5;
WHEREAS, on June 10, 1997, the City Council of the City of Santa Clarita (the "City
Council"), adopted Resolution No. 97-69, initiating proceedings for Santa Clarita Landscape
Maintenance District No. 1 (the "District"), and to levy and collect assessments in connection
therewith;
WHEREAS, the City Engineer was directed to and did prepare reports in accordance
with Article 4 of the Landscaping and Lighting Act of 1972 (the "Engineer's Report") and the
City Council adopted Resolution No. 97-69 preliminarily approving the report;
WHEREAS, on June 10, 1997, the City Council passed Resolution No. 97-69 (the
"Resolution of Intention"), declaring its intention to levy and collect assessments in connection
therewith and to fix a time and place for hearing objections thereto;
WHEREAS, on July 8, 1997, at the time and place for which notice was given, the
City Council conducted a public hearing and gave every interested person an opportunity to
object to the proposed levy and collection of assessments in connection therewith;
WHEREAS, the Notice of Public Hearing was duly and legally published in the time,
form and manner as required by law, and the Affidavit of Publication is filed with the City
Clerk;
WHEREAS, written protests against the proposed formation of the District and/or
the levy and collection of assessments in connection therewith have not been made by owners
representing more than one-half of the areas of land within the District; and
WHEREAS, the City has duly received and considered evidence, both oral or
documentary, concerning the jurisdictional facts in this proceeding and concerning the necessity
for the District and concerning the proposed levy and collection of assessment in connection
therewith and has not acquired jurisdiction to order the proposed assessments in connection
therewith.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARiTA does
resolve as follows:
SECTION 1. The above recitals are all true and correct and the City Council is
satisfied with the correctness of the Engineer's Report, including the proceedings and all
matters relating thereto.
RESOLUTION NO. 97-90
July 8, 1997 - Page 3
SECTION 2. Santa Clarita LLA District No. 3, Zone Nos. T2, T3, T4, and T5 has
been redesignated Santa Clarita Landscape Maintenance District No. 1, Zone Nos. T2, T3, T4,
and T5. These zones are generally described as including, but not limited to:
Zone No. T2 is for the maintenance of paseos, lights, and landscaped areas within the
Old Orchard I and II areas. The proposed rate is $136 per unit, the same as last year.
Zone No. T3 is for the maintenance of paseos, lights, slopes, turf, and appurtenant
structures within the Valencia Hills area. The proposed rate is $270 per unit, the same as last
year.
Zone No. T4 is for the maintenance of paseos, lights, turf, and appurtenant structures
within the Valencia Meadows area. The proposed rate is $144 per unit, the same as last year.
Zone No. T5 is for the maintenance of paseos, lights, turf, and appurtenant structures
within the La Questa area. The proposed rate is $145 per unit, the same as last year.
SECTION 3. DESCRIPTION OF THE DISTRICT. The City Council hereby makes
the expense of said work chargeable upon, all the property within the zones of the existing
District, to be known as the Santa Clarita Landscape Maintenance District No. 1, which
property is included within the exterior boundary line shown upon that certain map entitled
"Diagram of the Landscape Maintenance District No. 1," indicating by said boundary lines the
extent of the territory included within the existing District and which maps are on file in the
office of the City Clerk. Reference is hereby made to said maps for further, full and a more
particular description of the existing District, and said maps so on file shall govern for all details
as to the extent of the District.
SECTION 4. ASSI =NM .NT OF RESPONSIBILITY. That, upon completion of a
transfer process, the City shall assume total responsibility for all district maintenance contracts
under which private contractors are providing the required services for the landscaping within
the boundaries of the respective districts. All terms and provisions of the landscape
maintenance contracts approved by the County will remain in full force and effect and are
accepted by the City for a period of 30 days after the turnover process. The contracts will have
a 20% contingency and continue month-to-month thereafter, unless the contract is to continue
for a specified amount of time in the future, in which case all regular provisions of the contract
will apply. The contracts may be canceled by either party thereafter upon giving a 30 -day notice
in writing.
SECTION 5. LANDSCAPING AND LIGHTING. All the work proposed shall be done
in accordance with the Landscaping and Lighting Act of 1972, being Division 15 of the Streets
and Highways Code of the State of California.
SECTION 6. Written protests against the levy and collection of assessments in
connection therewith were not made by owners representing more than one-half (1/2) of the area
of land within the District and any protest made, if any, was duly considered by the City
Council.
RESOLUTION NO. 97-90
July 8, 1997 - Page 4
SECTION 7. The report titled "Engineer's Report" for Santa Clarita Landscape
Maintenance District No. 1 and Assessment Levy for Fiscal Year 1997-98 filed by the City
Engineer on June 10, 1997, and each component part of the report, including each exhibit
incorporated by reference, is hereby approved on July 8, 1997.
SECTION 8. The City Council determines that the cost is related to the benefit to
each parcel and that the annual aggregate amount of the assessment does not exceed the
estimated annual cost of providing the service, and the amounts to be assessed against the
individual parcels described in the Engineer's Report, and as set forth in the resolution of
intention, are hereby approved and confirmed and are hereby levied by said Council as special
assessments against said parcels for fiscal year 1997-1998.
SECTION 9. The adoption of this resolution constitutes the levy of the assessment
as set forth in the Engineer's Report for the Fiscal Year 1997-98.
SECTION 10. The City Clerk is hereby authorized and directed to file a certified
copy of the assessments respecting the District with the County Auditor/Tax Collector of Los
Angeles County no later than August 10, 1997.
SECTION 11. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this F t hiay of July 1997.
X i
j
Mayor
ATTEST:
ILW
City Clerk
RESOLUTION NO. 97-90
r July S, 1997 - Page 5
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk, DO HEREBY CERTIFY that the above and foregoing
Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular
meeting thereof, held on the 8th day of July 1997 by the
following vote of Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NED:lkl
Darcy, Heidt, K1_ajic, Boyer, Smyth
None
None
City Clerk
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