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HomeMy WebLinkAbout2003-11-25 - RESOLUTIONS - GVRANCH OPEN SPACE MAINT DIST (5)RESOLUTION NO. 03-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARTTA, CALIFORNIA, APPROVING AN ENGINEER'S REPORT AND DECLARING ITS INTENTION TO ORDER THE FORMATION OF OPEN SPACE MAINTENANCE DISTRICT (GOLDEN VALLEY ROAD) AND TO LEVY AN ASSESSMENT THEREON, AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, in response to a petition by PacSun LLC (the "Owner"), an owner of certain property within the City shown in Tentative Tract Map. No. 52414 (the "Property"), the City Council of the City of Santa Clarita (the "City") has initiated proceedings to form a maintenance assessment district (the "District) pursuant to the provisions of the "Landscaping and Lighting Act of 1972," being Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") and in accordance with Article XIIID of the California Constitution and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the California Government Code); and WHEREAS, the City has approved a development known as the "Golden Valley Ranch Project" of which the Property is a part; and "— WHEREAS, in conjunction with the approval of such development, the City, the Owner and Golden Valley Ranch Task Force entered into a settlement agreement set forth in the Judgment of the Superior Court of the State of California Case No. BC269070, filed July 29, 2002, in which, among other things, in exchange for approval of the residential development, the Owner agreed to set aside open space within the development and be responsible for the ongoing maintenance of such open space and the City agreed to initiate formation proceedings for a special assessment district for the ongoing maintenance of the open space; and WHEREAS, the purposes of the District are the maintenance and servicing of certain open space improvements of benefit to the residential development within the Property; and WHEREAS, the boundaries of the proposed District are as shown on the map presented to this Council and on file with the City Clerk and incorporated herein by reference; and WHEREAS, the title of the proposed District shall be "City of Santa Clarita Open Space Maintenance District (Golden Valley Ranch)"; and WHEREAS, the Assessment Engineer, Harris & Associates, has filed with the City Clerk of the City and the City Clerk has presented to the City Council a report dated November 5, 2003 (the "Engineer's Report") regarding the proposed District and containing the matters specified in Section 22586 of the Act; and I't Resolution No. 03 - Page 2 WHEREAS, the Engineer's Report has been duly presented by the City Clerk for consideration and has been fully considered by the City Council. NOW THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. The above recitals are true and correct. SECTION 2. The Engineer's Report, including the plans, specifications, general descriptions, estimate of the cost of the maintenance of the improvements and incidental expenses in connection therewith, diagram and the proposed assessments, is hereby approved as filed [or modified]. SECTION 3. The City Council hereby finds that the public interest, necessity and convenience require servicing and maintenance of the open space improvements, and this City Council hereby declares its intention to form an assessment district to be known as the "City of Santa Clarita Open Space Maintenance District (Golden Valley Ranch)." The boundaries of the District shall cover the real property benefited by the service of the improvements as shown on and described on the map entitled "City of Santa Clarita Open Space Maintenance District (Golden Valley Ranch) Assessment Diagram/Boundary Map," on file with the City Clerk. The City Council hereby declares and finds the land within the boundaries of the District to be specially benefited by the maintenance of the open space improvements. SECTION 4. The purposes of District are the servicing and maintenance of open space improvements including trail maintenance and open space management within the boundaries of said District. All of the maintenance of the improvements specified in the Engineer's Report shall be done in accordance with the Engineer's Report on file in the office of the City Clerk and which is hereby referred to and by this reference incorporated herein and made a part hereof. The Engineer's Report contains a full and detailed description of the maintenance of the open space improvements, the boundaries of the District and the proposed assessments upon the assessable properties in the District. SECTION 5. In the petition, the Owner has waived the 45 -day notice for the mailing of a ballot and the holding of a public hearing on the formation of the proposed District. The City Council appoints November 25, 2003 at 6:00 p.m. in the Council Chambers, 23920 Valencia Boulevard, Santa Clarita, California, or as soon thereafter as the matter may be heard, as the time and place for hearing protests to the proposed District and the levy of assessments. Notice regarding the hearing has been published on November 3, 2003 in a newspaper of general circulation throughout the City. SECTION 6. The City Council designates Kevin Tonoian, Senior Management Analyst, telephone number (661) 286-4027, to answer inquiries regarding the assessment proceedings. SECTION 7. This resolution shall take effect immediately. t -A7 Resolution No. 03-149 Page 3 SECTION 8. The City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of resolutions of the City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of the City in the minutes of the meeting at which the same is presented. PASSED, APPROVED AND ADOPTED this 25`h day of November, 2003. ►amu CITY CLERK STATE OF CALIFORNIA ) _ COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARTTA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adoted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 25` day of November, 2003, by the following vote: AYES: COUNCILMEM 3ERS: Ferry, McLean, Kellar, Weste, Smyth NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEM 3ERS: None CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARTTA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution No. 03-149, adopted by the City Council of the City of Santa Clarita, California on November 25, 2003, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this _clay of 20_. Sharon L. Dawson, CMC City Clerk Rv Susan Coffman Deputy City Clerk