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HomeMy WebLinkAbout2002-06-25 - RESOLUTIONS - LMD 1 CENTRE POINTE BUSINESS (2)RESOLUTION NO. 02-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNEXATION OF TRACT MAP NO 42670 (CENTRE POINTE BUSINESS PARI) AND ADJACENT PROPERTIES INTO SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1 AS ZONE 1B PRELIMINARILY APPROVING, THE REPORTS OF THE ENGINEER IN CONNECTION WITH THE APPROVAL OF THE ANNEXATION DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, DECLARING ITS INTENTION TO ORDER THE APPROVAL OF THE ANNEXATION AND FORMATION, AND APPOINTING A TIME AND PLACE FOR HEARING PROTESTS 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 territory within Tract Map 42670 (Centre Pointe Business Park) and the Adjacent Properties (the "Annexation") to Santa Clarita Landscape Maintenance District No. 1 as Zone 1B (the "District") and for the levy and collection of annual assessment within the proposed Annexation for the Fiscal Year 200212003, for the purposes provided therefore in the Act; and; WHEREAS, the improvements to be installed, constructed, or maintained within the proposed Annexation 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 resolutions, Engineer's Reports, notices of hearing, and right of majority protest under the Act to the territory included within the Annexation; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act does hereby require that a notice of the proposed assessments along with ballots shall be mailed to all owners of identified parcels within the Annexation; and WHEREAS, the Annexation consist of the areas contained in Tract Map 42670 and 13 Adjacent Properties; and WHEREAS, the developer has submitted a petition to the City requesting to have their development annexed into the District and formed into a new Annexation; and r WHEREAS the Engineer has prepared and Sled with the City Clerk of the City of i Santa Clarita and the City Clerk has presented to the City Council such report entitled l "City of Santa Clarita Engineer's Report, Santa Clarita Landscape Maintenance District No. 1 Zone 1B, Tract Map 42670 (Centre Pointe Business Park) and Adjacent Properties" (the "Report") which pertains to the District and subsequent Annexation; and Resolution No. 02-105 Page 2 WHEREAS, the City has prepared and filed with the City Clerk, a diagram attached as Exhibit A-1, which is designated Santa Clarita Landscape Maintenance District No. 1, Zone 1B showing the proposed boundaries of the territory to be formed into the Annexation which is benefited by the construction of the improvements and the amount to be assessed against each of the parcels within the proposed District; and WHEREAS, the diagram and assessments 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, assessments, and the proceedings thereto. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: 1. That the above recitals are true and correct. 2. The City Council hereby proposes to levy and collect assessments against the lots and parcels of land within such Annexation to pay for the costs and expenses of the improvements described in Section 3 hereof for the fiscal year, commencing July 1, 2002 and ending June 30, 2003, pursuant to the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code (the "Act") and as provided by Article XIII D of the California Constitution. 3. That the City hereby proposes to annex territory to the Santa Clarita Areawide Landscape Maintenance District No. 1, 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. The City hereby designates Psomas as the Engineer for the purposes of these proceedings and orders the Engineer to prepare and file with the City Clerk a written report (the "Report") in accordance with Article XIII D, Section 4, of the California Constitution and Article 4 (commencing with Section 22565) of Chapter 1 of the Act for Fiscal Year 200212003, commencing July 1, 2002 and ending June 30, 2003. 5. Such Report shall refer to the Annexation by its distinctive designation. 6. The diagram, which indicates the extent of the territory proposed to be annexed and formed into the District by a boundary line, 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 locations of said annexation. Resolution No. 02-105 Page 3 7. This City Council is satisfied with the correctness of the diagram and assessments including the proceedings and all matters relating thereto. 8. Notice is hereby given that 27th day of August, 2002 at 6:00 p.m. in the Council Chambers of the City Hall of the City of Santa Clarita, 23920 Valencia Boulevard, Santa Clarita, California, 91355, is the time and place fixed for a public hearing by the City Council on the question of the levy and collection of assessments for Fiscal Year 2002/2003 against the lots and parcels of land within the Annexation. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard. Procedures of the City applicable to the completion, return, and tabulation of the ballot required pursuant to Article XIII D, Section 4 of the California Constitution, are on file in the office of the City Clerk and open to public inspection. 9. The City Council hereby (1) finds that the public interest and convenience requires and (2) declares its intention to order the approval for the Annexation of territory and to levy and collect assessments against the assessable lots and parcels of land within such Annexation for that portion of the fiscal year commencing July 1, 2002 and ending June 30, 2003 to pay the costs and expenses of the maintenance of the improvements described in Section 4. If the assessments proposed by this resolution are approved by the property owners pursuant to a mailed ballot election conducted in accordance with Article XIII D of the California Constitution, the City Council in subsequent fiscal years may thereafter impose the assessment at any rate of amount that is less than or equal to the amount authorized for Fiscal Year 2002/2003, increased each year based upon the Consumer Price Index, All Urban Consumers, for the Los Angeles -Anaheim -Riverside area ("CPP') 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 each year and the CPI for the previous year, 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. 10. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 25th day of June, 2002. MAYOR ATTEST: CITY CLERK Resolution No. 02-105 Page 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )as. CITY OF SANTA CLARITA ) I, Sharon Dawson, CMC, 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 25th day of June, 2002, by the following - vote: AYES: COUNCILMEMBERS: Smyth, Weste, McLean, Kellar, Ferry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK NED:ltk:hds Sn\council\ LMDannex42670ec.doc