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HomeMy WebLinkAbout2003-11-25 - RESOLUTIONS - GVRANCH OPEN SPACE MAINT DIST (6)RESOLUTION NO. 03-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE FORMATION OF THE CITY OF SANTA CLARITA OPEN SPACE MAINTENANCE DISTRICT, AND APPROVING AND CONFIRMING THE LEVY OF ASSESSMENTS FOR SAID ASSESSMENT DISTRICT WHEREAS, on November 25, 2003, 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 X>IID 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, on November 25, 2003, the City preliminarily approved a report prepared by the Assessment Engineer, Harris & Associates (the "Report"), regarding the proposed District and containing the matters specified in Section 22586 of the Act, and appointed a time and place for a public hearing on the formation of the proposed District and on said report; and WHEREAS, following notice duly given in accordance with the law (the Owner waived notice in accordance with the petition), the City Council held a full and fair public hearing at the time and place appointed therefore regarding the proposed formation of the District, the proposed levy of the assessments, and the Report of the Assessment Engineer; and Resolution No. 03-151 Page 2 WHEREAS, the City Council considered all oral written statements, protests and communications made or filed by any interested persons; and WHEREAS, upon the conclusion of the public hearing, assessment ballots received by the City were tabulated by the City Clerk, and a majority protest did not exist. 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 City Council finds and declares that a majority protest does not exist as to the formation of the District, the approval of the Report, and the levy of the assessments. SECTION 3. Based on its review of the Report, and other reports and information presented to the City Council, the City Council hereby finds and determines that the land within the District will be benefited by the services, the District includes all land so benefited, and the net maximum amounts to be assessed upon the land within the District is apportioned by a method and formula which fairly distributes the net maximum amounts among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the services. SECTION 4. The City of Santa Clarita Open Space Maintenance District is hereby formed. The diagram of the District as shown in the Report is hereby confirmed and shall constitute the boundaries of the District. SECTION 5. 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 open space improvements specified in the Report shall be done in accordance with the 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. SECTION 6. The City Council declares that the assessments in the Report are hereby confirmed as filed and as provided in the Report shall constitute the maximum assessments which may be levied in any fiscal year. The adoption of this Resolution constitutes the levy of the assessments for fiscal year 2004-05 as shown in the Report. Notwithstanding the above, prior to June 30, 2004, the Assessment Engineer shall determine if any lot splits have occurred or if a final map is recorded relating to residential development within the District, and shall modify the assessment roll accordingly. Such modified assessment roll, if any, shall then govern the amount of the assessments for fiscal year 2004-05. SECTION 7. The assessments are in compliance with the provisions of the Act and the maintenance of the improvements shall be performed pursuant to law, including, at the option of the City, the maintenance of the improvements by a public agency other than the City. Resolution No. 03-151 Page 3 SECTION 8. The City Clerk is hereby authorized and directed to file a certified copy of this Resolution and the diagram and assessment (or modified assessment) with the County Auditor of the County of Los Angeles. Thereupon, the County Auditor shall enter on the County roll the assessments for fiscal year 2004-05, and said assessments shall be collected at the same time and in the same manner as County taxes are collected. SECTION 9. A special fund is hereby established to be called the "City of Santa Clarita Open Space Maintenance District (Golden Valley Road) Special Fund" into which all monies collected in connection with the District shall be placed and used in accordance with the provisions of this Resolution, the Report, and the law. Assessments related to the maintenance of the improvements shall be deposited therein and used in accordance with the law. SECTION 10. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 25`h day of November, 2003. MAYOR ATTEST: CITY CLERK '— STATE OF CALIFORNIA ) COUN'T'Y OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. 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 25` day of November, 2003, by the following vote: AYES: COUNCILMEMBERS: McLean, Kellar, Weste, Ferry, Smyth NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) 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. 03-151, 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 _ day of 20—• Sharon L. Dawson, CMC City Clerk By Susan Coffman Deputy City Clerk