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Home My WebLink About2002-08-27 - RESOLUTIONS - LMD 1 CREEKSIDE HIDDEN CREEK (4)RESOLUTION NO. 02-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNEXATION OF TRACT MAP NOS. 44831-02 AND 44831-03 (CREEKSIDE AND HIDDEN CREEK) INTO SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1 AS ZONE 7, PRELIMINARILY APPROVING THE REPORT 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 WHEREAS, 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 Nos. 44831-02 and 44831-03 for the Creekside and Hidden Creek developments (the "Annexation") to Santa Clarita Landscape Maintenance District No. 1 as Zone 7 (the "District") and for the levy and collection of annual assessment within the proposed Annexation for the Fiscal Year 2003/2004, 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 consists of the areas contained in Tract Map Nos. 44831-02 and 44831-03; 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 WHEREAS the Engineer has prepared and filed with the City Clerk of the City of Santa Clarita, and the City Clerk has presented to the City Council such report entitled "City of Santa Clarita Engineer's Report,' Santa Clarita Landscape Maintenance District Resolution No. 02-134 Page 2 No. 1 Zone 7, Tract Map Nos. 44831-02 and 44831-03, for the Creekside and Hidden Creek developments (the "Report") which pertains to the District and subsequent Annexation; and WHEREAS, the City has prepared and filed with the City Clerk, a diagram attached as Exhibit A, which is designated Santa Clarita Landscape Maintenance District No. 1, Zone 7, 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: SECTION 1. That the above recitals are true and correct. SECTION 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, 2003 and ending June 30, 2004, 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. SECTION 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. SECTION 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 2003/2004 commencing July 1, 2003 and ending June 30, 2004. Resolution No. 02-134 Page 3 SECTION 5. Such Report shall refer to the Annexation by its distinctive designation. SECTION 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 all details as to the extent and locations of said annexation. SECTION 7. This City Council is satisfied with the correctness of the diagram and assessments including the proceedings and all matters relating thereto. SECTION 8. Notice is hereby given that the 27th day of August 200, at 6:08 p:m. in the Council Chambers of the City Hall of the City of Santa Clarita,Td8k6-V4lencia Boulevard, Santa Clarita, California, 91355, is the time and place fixed fora jspblic hearing by the City Council on the question of the levy and collection of assessmente &r-FisealYear 2003/2004 against the lots and parcels of land within the Annexation. At tl)e 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. SECTION 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, 2003 and ending June 30, 2004 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 2003/2004, 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 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. SECTION 10. The City Clerk shall certify to the adoption of this Resolution. Resolution No. 02-134 Page 4 PASSED, APPROVED AND ADOPTED this 27th day of August, 2002. ZJ� MAYOR ATTEST: A =,Q Y CITY CLERK'._ STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES' ) ss. 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 27th day of August, 2002, by the following vote: AYES: COUNCILMEMBERS: Smyth, Weste, McLean, Kellar, Ferry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK NED:ltk:hds counci1\LmdANNM44831cc.doc r %t\Y1YUO]bd\MY�YAMa •[w�w� w 'YV ^.w 00 Wu\ lam!/ cc LLLTTTT///////111�111 hi N vo OI �� z 00 0� C!� 9 0 Sil _.. ___....... .......___.. in,nl.%III oen� a seine www anw CR] } GZ4 z LU o vyyi a�a V Fm IL J 521 �b d b d yb u Sil _.. ___....... .......___.. in,nl.%III oen� a seine www anw CR]