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Home My WebLink About1998-06-23 - RESOLUTIONS - FORMATION OF LMDS (2)RESOLUTION NO. 98-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ORDERING THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICTS AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SUCH DISTRICTS FOR FISCAL YEAR 1998-99 AND CONFIRMING ASSESSMENTS PURSUANT TO THE PROVISIONS OF PART TWO OF DIVISION FIFTEEN OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND AS PROVIDED BY ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION WHEREAS, the City Council, by its Resolution No. 98-86 initiated proceedings and by its Resolution No. 98-86, declared its intention to levy and collect assessments against lots and parcels of land within Santa Clarita Landscape Maintenance District No. 1, Zone Nos. 1 through 5, T1 through T10, T17, T23, T29, T30, T31, T42A, T42B, and T46 (hereinafter referred to as "Zones"), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500, to pay for the costs and expenses of operating, maintaining and servicing landscaping and appurtenant facilities located within public places within the boundaries of the Zones; and WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, a report in connection -- with the proposed annual levy and collection of assessments against lots and parcels of land within the Zones and the City Council did by previous resolution approve such report (the "Engineer's Report"); and WHEREAS, the City Council desires to levy and collect assessments against lots and parcels of land within the Zones for the fiscal year commencing July 1, 1998, and ending June 30, 1999, to pay for the costs and expenses of operating, maintaining and servicing landscaping and appurtenant facilities located within public places within the boundaries of the Zones; and NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve, determine and order as follows: SECTION 1. Following notice duly given, the City Council has held a full and fair public hearing regarding its Resolution No. 98-86, the Engineer's Report prepared in connection with the District and the levy and collection of assessments, and considered all oral and written statements, protests, and communications made or filed by interested persons. At the public hearing, the Engineer presented to the City Clerk, and the City Clerk presented to the City Council, certain proposed modifications to the Engineer's Report. The modifications result in no decrease or increase in the amount of the assessments against any parcel within the District or Zones. SECTION 2. With respect to Zone Nos. 1 through 5, Tl through T10, T17, T23, T29, T30, T31, T42A, T42B, and T46, the City Council hereby finds that written protests have not been filed and not withdrawn representing property owners owning less than 50 percent of the area of assessable land within each respective zone. All oral and written protests and objections are hereby overruled by the City Council. The City Council hereby further finds that a majority protest does not exist as defined in Section 4(e) of Article XIIID of the California Constitution. SECTION 3. The City Council hereby orders the modifications to the Engineer's Report to be made, as presented by the Engineer at the public hearing and now on file in the office of the City Clerk. The City Council hereby further orders the changes in the Engineer's Report to add additional landscaped areas within Zones Tl and T3 through T8. The Engineer is hereby directed to file an Engineer's Report as modified, with the City Clerk. The Engineer's Report, as modified, is hereby approved. SECTION 4. Based upon its review of the Engineer's Report, as modified, a copy of which has been presented to the City Council and which has been filed with the City Clerk, and other reports and information, the City Council hereby finds and determines with respect to each Zone included in the modified Engineer's Report, that: (I) The land within each Zone will be specially benefited by the operation, maintenance and servicing of landscaping, including trees, shrubs, grass and other ornamental vegetation, and appurtenant facilities, including irrigation systems, located in public places within the boundaries of the Zones; and (II) The Zones include all lands so benefited; (III) The net amount to be assessed upon the lots and parcels within the Zones in accordance with the assessment for fiscal year commencing July 1, 1998, and ending June 30, 1999, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each lot or parcel from the improvements; and (IV) Only special benefits are assessed and no assessment is imposed on any parcel, which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. SECTION 5. The City hereby orders the proposed improvements to be made as set forth in the Engineer's Report, as modified, which improvements are briefly described as follows: The operation, maintenance and servicing of ornamental structures, landscaping, including trees, shrubs, grass and other ornamental vegetation, and appurtenant facilities, including irrigation devices located in public places within the boundaries of the zone. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of ornamental structures landscaping and appurtenant facilities, including repair, removal or replacement of all or part of any of the ornamental structures, landscaping or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizer and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of water and electricity for the irrigation and control of the landscaping and the maintenance of any of the ornamental structures or appurtenant facilities. The maintenance generally consists of regular landscape maintenance, plant replacement and irrigation system repair. The landscape maintenance contracts include weeding, mowing, trimming, edging, fertilizing, turf aeration, trash removal snail baiting and pest spraying. Other landscape district tasks include maintaining the paseo lights and poles, electrical systems, sump pumps and concrete paseo walk repair and replacement. Some of the districts have a significant amount of hardscape such as retaining walls, slough walls, slough curbs, wrought iron fences, concrete benches, play equipment, vita courses and block walls. The district performs maintenance and repair of the hardscape. The district also paints the wrought iron, hand rails, chicane fences, light poles, paseo bridges and tunnels. Weed abatement for fire code compliance and rodent control are also provided by the districts. Districts with paseo bridges pay a structural component for routine structural bridge inspections and major bridge repairs. SECTION 6. Additional District Maintenance Areas - There are a number of areas within the district boundaries and within the City right-of-way which is to be included in the district maintenance areas. The City consents to the inclusion of these areas into the districts maintenance responsibility. Those areas are identified below. Zone T1 - This zone currently consists of medians and parkways on the major and secondary highways within the district boundaries. In the cases where the district boundary coincides with a street, the district maintenance is to include the entire median on both sides of the center line and the parkway panels on both sides of the street. The maintenance in the parkway panels include the tree wells and irrigation where applicable. Zone T3 - The parkway panel along the west side of Tournament Road from Vista Hills Drive to Via Candela is proposed to be included within the district maintenance. This area is known as the parkway adjacent to assessors parcels 2851-011-001 to 004. The tree wells along Tournament Road within the district boundary are to be maintained by the district. Zone T4 - The tree wells along Tournament Road and Singing Hills within the district boundary are to be maintained by the district. Zone T5, T6, & T7 - The Edison easement areas are proposed to be annexed into the area of maintenance responsibility. The services provided will be rodent control, weed abatement and maintenance of any facilities within the Edison or City trail areas. Zone T8 - The parkway area along the west side of Singing Hills from McBean to Tide is proposed to be annexed into the maintenance area. This area is currently maintained by the ._ homeowners who back up to this right of way area. Upon approval of a maintenance cost agreement and/or petition with the underlying property owners, the district will install a separate irrigation system, and include this area with the district maintenance. SECTION 7. The City Council hereby confirms the assessments set forth in the Engineer's Report as modified. The maintenance, operation and servicing of the ornamental structures, landscaping and appurtenant facilities shall be performed pursuant to law. The County Auditor of Los Angeles County shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment, and such assessments shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the assessment after deduction of any compensation due the County for collection shall be paid to the City Treasurer. SECTION 8. The assessments are in compliance with the provisions of the Act and Article XBM of the California Constitution, and the City Council has complied with all laws pertaining to the levy of the annual assessments pursuant to the Act and Article XIIID of the California Constitution. SECTION 9. The assessments are levied for the purpose of paying the costs and expenses of the improvements described in Section 5, above, for Fiscal Year 1998-99. SECTION 10. The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a special fund and any such money shall be expended only for the maintenance, operation servicing of the landscaping and appurtenant facilities as described in Section 5. SECTION 11. The adoption of this Resolution constitutes the levy of assessments for the fiscal year commencing July 1, 1998, and ending June 30, 1999. SECTION 12. The City Clerk is hereby authorized and directed to file the assessments, or a certified copy of the assessment, with the County Auditor upon the adoption of this Resolution. SECTION 13. A certified copy of the assessments shall be filed in the office of the City Clerk and shall be open for public inspection. PASSED, APPROVED AND ADOPTED this 23 day of June 1998. ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, DO HEREBY CERTIFY that the above and foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita as a regular meeting thereof, held on the 23 day of June , 1998 by the following vote of Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS Council\rew9886.doc Darcy, Ferry, Weste, Klajic, Heidt None None City Clerk C:7! 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