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Home My WebLink About1999-07-13 - RESOLUTIONS - LMD T23 FY 99-00 ASMT INCREASE (2)RESOLUTION NO. 99-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, CALIFORNIA, APPROVING THE ENGINEER'S REPORT, AND ORDERING THE LEVY AND COLLECTION OF THE INCREASE IN THE ANNUAL ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NO. T23 FOR FISCAL YEAR 1999-00 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND AS PROVIDED BY ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION 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"), declared it's intention to levy an increase in the annual assessments within Santa Clarita Landscape Maintenance District No. T23 (the "District") for Fiscal Year 1999/00, for the purposes provided therefor in the Act; and The public interest and convenience required the City to initiate proceedings for the levy of additional assessments within the District for Fiscal Year 1999/00, for the purposes provided thereof in the Act; and Section 22622 of the Act requires the City to adopt a resolution generally describing any proposed new improvements or any substantial changes in the existing improvements and ordering the Engineer to prepare and file a report in accordance with Article 4 of the Act. 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 increased assessments within the District and the proposed annual levy and collection of said increased assessments against lots and parcels of land within the District, 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 the increased assessments against lots and parcels of land within the District for the fiscal year commencing July 1, 1999 and ending June 30, 2000, to pay for the costs and expenses of operating, maintaining and servicing ornamental structures, landscaping and appurtenant facilities located within public places within the boundaries of the District; and WHEREAS, the City has conducted a mailed ballot election in connection with the levy of assessments within the District in accordance with Article XIIID of the California Constitution, and has tabulated ballots in accordance with the "City of Santa Clarita, Landscape Maintenance Assessment District, Procedures for the Completion, Return, and Tabulation of Assessment Ballots." NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, STATE OF CALIFORNIA: 1. Following notice duly given, the City Council has held a full and fair public hearing regarding its Resolution No. 99-43, the Engineer's Report prepared in connection with the proposed District and the levy and collection of increased assessments, and considered all oral and written statements, protests and communications made or filed by interested persons, and has tabulated all ballots. 2. The City Council hereby finds that a majority protest does not exist as defined in Section 4(e) of Article MID of the California Constitution with respect to the increase in assessments within District No. T23. All oral and written protests and objections to the proposed levy and collection of increased assessments are hereby overruled by the City Council. 3. Based upon its review of the Engineer's Report, 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 the District included in the modified Engineer's Report, that: a) the land within the District will be specially benefited by the operation, maintenance and servicing of ornamental structures, landscaping, .� including trees, shrubs, grass and other ornamental vegetation, and appurtenant facilities, including irrigation systems, located in public places within the boundaries of the District; and b) the District include all lands so specially benefited; c) the net amount to be assessed upon the lots and parcels within the District in accordance with the increased assessments for the fiscal year commencing July 1, 1999 and ending June 30, 2000 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 d) 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. 4. The City Council hereby confirms the diagrams and assessments set forth in the Engineer's Report. Commencing with fiscal year 1999-00, 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. For Fiscal Year 1999-00, the City's representative is hereby authorized and directed to collect such assessments. «—. The Engineer's diagrams and assessment include the realignment of the boundary. A lot line adjustment was done to the properties on the northern part of the District. The City boundary line follows the adjusted line. The district boundary line was never modified to follow the new line. This resolution modifies the boundary line as shown on Exhibit `B." Only the properties inside of the district boundary line will be assessed. The property described as follows will no longer be in the District and will not be within the district boundary: Lots 1,2, 3, 4, 25 through 33 and 39 through 52 of Tract 46564-03 as per the map filed in Book 1227, Pages 12 to 17 inclusive of Maps, in the office of the County Recorder of said County, said Tract also known as Pacific Hills. Lots 1 and 3 of 46564-01 as per the map filed in Book 1226, Pages 73 to 78 inclusive of Maps, in the office of the County Recorder of said County, said Tract also known as Pacific Hills. Lot 40 of Tract 46564-02 as per the map filed in Book 1226, Pages 79 to 84 inclusive of Maps, in the office of the County Recorder of said County, said Tract also known as Pacific Hills. Lots 1 through 10 of Tract 49958, as per the map filed in Book 1226, Pages 69 to 72 inclusive of Maps, in the office of the County Recorder of said County, said Tract also known as Pacific Hills. Pacific Bay is the declarant for the Pacific Hills HOA. Declarant has agreed to provide weed abatement and rodent control which is now required as a result of the new development. In order to accomplish the above, the City Council authorizes the City Manager or designee to execute the necessary agreements, quitclaim of easements and documents. 5. The increased assessments are in compliance with the provisions of the Act and Article XIIID of the California Constitution, and the City Council has complied with all laws pertaining to the levy of an annual assessments pursuant to the Act and Article XIIID of the California Constitution. 6. The increased assessments are levied for the purpose of paying the costs and expenses of the improvements described in Section 5, above, for Fiscal Year 1999-00. 7. The City Treasurer shall deposit all money representing assessments collected for the District to the credit of a special fund and such money shall be expended only for the maintenance, operation and servicing of the ornamental structures, landscaping and appurtenant facilities as described in Section 5 above. 8. The adoption of this Resolution constitutes the levy of additional assessments for the fiscal year commencing July 1, 1999 and ending June 30, 2000. 9. A certified copy of the diagrams and assessments shall be filed in the office of the City Clerk and shall be open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution PASSED, APPROVED AND ADOPTED this i 3th day of _J311 J�_, 19 gg_. YOR ATTEST: I 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 1 3th day of jiff y 199r by the following vote of Council: AYES: COUNCILMEMBERS: Klejic, Heidt, Ferry, Weste, Darcy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: tdone Q*tj '' CITY CLERK NED:ltk pr\district\23 phreso.doc EXHIBIT "A" -- Location Map -� it i' r 7 +!! ` ZONE T-23 iitt tL. :I Z 1 Mountainview Single Family Homes aeC'�"l GopP erhill Drive 3/4/99 1:17 PM EXHIBIT "B" 6/24/99 8:25 AM