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Home My WebLink About2000-01-11 - RESOLUTIONS - LMD ANNEX SIERRA HWY STORAGE (2)RESOLUTION NO. 00- i n A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING THE ENGINEER'S REPORT, ORDERING THE ANNEXATION OF SIERRA HIGHWAY STORAGE INTO EXISTING CITY LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1, ZONE NO. 2, AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SAID ANNEXATION FOR FISCAL YEAR 2000/2001 AND CONFIRMING DIAGRAM AND ASSESSMENT 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 WHEREAS, the City Council by its Resolution Nos. 99-174 on October 26, 1999 initiated proceedings and declared its intention to annex territory into Santa Clarita Landscape Maintenance Assessment District No. 1, Zone No. 2 as Annexation 2A (the "Annexation") and to levy and collect assessments against lots and parcels of land within said Annexation 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 (the "Act"), 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 Annexation; 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 combined report in connection with the proposed Annexation and the proposed annual levy and collection of assessments against lots and parcels of land within the Annexation, and the City Council did by previous separate Resolution approve separate reports (the "Engineer's Report"); and WHEREAS, the Resolution of intention indicated the territory would be formed into Zone No. 11, however, this project is adjacent to the existing Zone No. 2 and is now proposed to annex into City of Santa Clarita Zone No. 2 and will not be called Zone 11; and WHEREAS, the City Council desires to annex the territory within the Annexations and levy and collect assessments against lots and parcels of land within the Annexations for the fiscal year commencing July 1, 2000 and ending June 30, 2001, 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 Annexations; and WHEREAS, the Developer, Sierra Highway Storage, is the sole owner of that certain property located in the City of Santa Clarita, and have signed individual petitions and Assessment Ballots in favor of the Annexation and have waived all statutory notices of """ hearing and notice periods and their right of majority protest and noticing requirements. 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 the combined Engineer's Report prepared in connection with the proposed Annexations and the levy and collection of 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 XIIID of the California Constitution with respect to the annexation into Zone 2. All oral and written protests and objections to this Annexation and the proposed levy and collection of 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 Annexations included in the combined Engineer's Report, that: (i) the land within the Annexation 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 Annexations; and the Annexation includes all lands so specially benefited; (111) the net amount to be assessed upon the lots and parcels within the Annexation is in accordance with the assessments for the fiscal year commencing July 1, 2000 and ending June 30, 2001 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. 4. The City Council hereby orders the proposed improvements to be made as set forth in the combined 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 systems, located in public places within the boundaries of the Annexation. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the 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, fertilising and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning. 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. 5. The City Council hereby confirms the diagrams and assessments set forth in the combined Engineers Report. The maintenance, operation and servicing of the ornamental structures, landscaping and appurtenant facilities shall be performed pursuant to law. Commencing with fiscal year 2000/2001, 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 said 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 2000/2001, the City's representative is hereby authorized and directed to collect such assessments. 6. The 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 annual assessments pursuant to the Act and Article XIIID of the California Constitution. 7. The assessments are levied for the purpose of paying the costs and expenses of the improvements described in Section 4, above, for fiscal year 2000/2001. ^^ 8. The City Treasurer shall deposit all money representing assessments collected for the Annexation to the credit of a special fund for City of Santa Clarita Landscape Maintenance Assessment District Zone No. 2" 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 4 above. 9. The adoption of this Resolution constitutes the levy of assessments for the fiscal year commencing July 1, 2000 and ending June 30, 2001. 10. 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. 11. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this i i +• h day of �Ia n u a ry 2000. ATTEST: i CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA _�R 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 1 t.hday of ,Ian„ ry 2000 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NMI* p,%d;sa;M,.mbpnz,.do Weste, Ferry, Heidt, Klajic, Darcy None None CITY CLERK