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Home My WebLink About1999-10-26 - RESOLUTIONS - LMD ANNEX TM 51931-01 51931-02 (2)RESOLUTION NO. 99- 171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNEXATION OF THE ANNEXATION OF PARCEL MAP TRACTS 51931-01 AND 51931-02, INTO VALENCIA AREAWIDE LANDSCAPE DISTRICT ZONE Tl AS ZONE Tl -B, PRELIMINARILY APPROVING THE ENGINEER'S REPORT, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO The City Council of the City of Santa Clarita pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California (the "Act"), desires to initiate proceedings for the annexation of certain property (the "Annexed Area") to the Santa Clarita Landscape Maintenance District No. 1 and certain property into Landscape Maintenance District Tl, (the "District") and for the levy and collection of annual assessment within the proposed Annexed Area for the Fiscal Year 2000/01, for the purposes provided therefor in the Act; and WHEREAS, the Newhall Land and Farming Company, (hereinafter referred to as the "Developer"), is the sole owner of that certain real property located in the City of Santa Clarita, County of Los Angeles, State of California, more particularly described as follows: Legal Description: Tract Maps 51931-01 and 51931-02, in the City of Santa Clarita, County of Los Angeles, State of California. (Hereinafter referred to as the "Property"); and WHEREAS, the Developer is developing the Property (hereinafter referred to as the "Project") and is required to install median improvements and to provide funding for long- term maintenance; and WHEREAS, as a condition to its approval of the recordation of Tract Maps 51931-01 and 51931-02 and the City of Santa Clarita (hereinafter referred to as the "City"), has required the developer to install median landscaping, street trees and other landscape improvements adjacent to the Project, as shown on Exhibit "A" attached hereto, the medians are required to be improved with landscaping and related improvements to a standard acceptable to the City, and that the Developer provide a means satisfactory to the City for assuring the continued maintenance, operation, and servicing of the Improvement Areas and improvement thereto; and WHEREAS, the improvements to be installed, constructed or maintained within the proposed Annexed Area may include installation, construction or maintenance of any authorized improvements under the Act, including, but not limited to landscape and — irrigation improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof; and WHEREAS, Section 22608 of the Act limits the requirement for the resolution, Engineer's Report, notice of hearing, and right of majority protest under the Act to the territory included within the annexation and waives these requirements with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act does hereby require that a notice of the proposed assessment along with a ballot shall be mailed to all owners of Identified parcels within the Annexed Area, and that the agency shall conduct a public hearing after the mailing of said notice; WHEREAS, the City has prepared a diagram attached as Exhibit "A" which is a proposed annexation into Valencia Areawide Landscape District Tl, and an assessment showing the proposed boundaries of the territory to be annexed into the District which is benefited by the construction of the improvements and the amount to be assessed against each of the parcels within the proposed annexation to the District; and WHEREAS, the Engineer's Report, diagram and assessment have been filed with the City Clerk and are open to public inspection, and may be referred to for all details regarding the improvements, the boundary of the proposed annexation, the assessments, total costs, and description of the parcels to be assessed; and WHEREAS, this City Council has examined and considered the diagram, assessment, and the proceedings prior thereto. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, STATE OF CALIFORNIA: 1. That the above recitals are true and correct. 2. The City Council hereby (1) finds that the public interest and convenience requires and (2) declares its intention to order the formation of the Assessment District and to levy and collect assessments against the assessable lots and parcels of land within such Assessment District for that portion of the fiscal year commencing July 1, 1999 and ending June 30, 2000, to pay the costs and expenses of the improvements described in Section 3 below. If the assessments proposed by this resolution are approved by the property owners pursuant to a mailed ballot election conducted in accordance with Article X11D of the California Constitution, the City Council in subsequent fiscal years may thereafter impose the assessment at any rate or amount that is less than or equal to the amount authorized for fiscal year 19999/00, increased each year based upon the Consumer Price Index, All Urban Consumers, for the Los Angeles -Anaheim -Riverside Area ("CPI"), as determined by the United States Department of Labor or its successor, without conducting another mailed ballot election. The Engineer shall compute the percentage of difference between the CPI for March of each year and the CPI for the previous March, and shall then adjust the existing assessment by an amount not to exceed such percentage for the following fiscal year. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. 3. That the City hereby proposes to annex Tract Maps 51931-01 and 51931-02 into Valencia Areawide Landscape District Tl, and to levy annual assessments thereon to provide for the following work: Installation, construction or maintenance of any authorized improvements under the Act, including, but not limited to landscape and irrigation improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. 4. That the property owner has provided the City Council of the City of Santa Clarita a fully signed and notarized petition, granting the City the right to maintain and service the landscape improvements and 'gives consent to the establishment of an assessment for the proposed annexation of the property into the District in an amount reasonably determined by the City to cover all costs and expenses incurred for the continued maintenance, operation and servicing of the landscape improvements. 5. Reference is hereby made to the Engineer's Report, on file in the office of the City Clerk and open to public inspection, for a full and detailed description of the imrovements, the boundaries of the proposed Assessment District and the proposed assessments upon assessable lots and parcels of land within the proposed Assessment District. 6. A Diagram for the District (Section 22570 of the Streets and Highways Code) and an assessment (Section 22572 of the Streets and Highways Code) showing the area to be annexed, benefited, and assessed for the improvements has been prepared as Exhibit "A." The Engineer's Report, diagram and assessment have been filed with the City Clerk. 7. The diagram, showing a boundary line indicating the extent of the territory proposed to be annexed into the District, is hereby declared to describe the proposed boundaries of the proposed annexation to the District and shall govern for all details as to the extent and location of said annexation. 8. This City Council is satisfied with the correctness of the diagram and assessment including the proceedings and all matters relating thereto. 9. That notice is hereby given that on the 11"' day of January 2000 at the hour of 6:30 p.m., or as soon thereafter as possible, in the City Council Chamber at 23920 Valencia Boulevard, in the City of Santa Clarita, the City will hold a public hearing to receive and tabulate all ballots with reference to the Annexed Area pursuant to the Right to Vote on Taxes Act. 10. The City Clerk shall certify to the adoption of this Resolution PASSED, APPROVED AND ADOPTED this 26th day of October 1999. ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Sharon Dawson, 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 2Ft.h day of ortoher , 1999 by the following vote of Council: AYES: COUNCILMEMBERS: Heidt, Ferry, Weste, Klajic, Darcy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 1 "-� CITY CLERK NED:ltk pr/districtl51931res.dw Tract 51931 -01 & 02 4 Parcel Map 24516) Annexation into Valencia Areawide Landscape District T-1 EXHIBIT "K LU W U) W W En s N dr3�rn W wuj M3lndNyyg N = •I �" l (n $ w b r N uj LU NV38.:N , w w w a o- ,2I1�