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Home My WebLink About2003-07-08 - RESOLUTIONS - LMD 1 T1 ANNEX (3)RESOLUTION NO, 03-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE ENGINEER'S REPORT ORDERING THE ANNEXATION OF VARIOUS DEVELOPMENTS INTO SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NOS. 1 AND Tl, THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SAID ANNEXATIONS, AND CONFIRMING DIAGRAM AND ASSESSMENTS, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AS PROVIDED BY ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION 1C, Tract 48892 TI -R, Tract 45254, Lot 1 TI -S, Parcel Map 8374, Lot 3 TI -T, Tract 33746, Lots 7,8,9, 10 & 11 T1 -U, Arbor Lane, Parcel 2857-001-032 TI -V, Tract 51931-04 T1 -W, Tract 53756 T1 -X, Parcel 2811-070-001 (Harbor Woods) TI -Y, Apartments by the Promenade TI -Z, Town Center West Apartments T -10-A, Tract 5263, Various Lots WHEREAS, the City Council, by its Resolution, initiated proceedings and declared its intention to annex territory into Santa Clarita Landscape Maintenance District Nos. 1 and TI (the "Districts"), to establish the areas as 1-C, T1 -R, TI -S, TI -T, T1 -U, T1 -V, TI -W, Tl -X, Tl -Y, T1 -Z, and T10 -A (the "Annexations"), and to levy and collect assessments against lots and parcels of land within said Annexations 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 Annexations; and WHEREAS, the Engineer's Report has been prepared and filed with the City Clerk, and the report has been presented to the City Council, said report, in connection with the proposed Annexations and the proposed annual levy and collection of assessments against lots and parcels of land within the Annexations, which the City Council did by previous Resolution approve (the "Engineer's Report"); and WHEREAS, the City Council desires to establish the Annexations within the Districts and levy and collect assessments against lots and parcels of land within the Annexations as there is a need to provide for the maintenance and installation of landscaping 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 Developers of the Annexations are the sole owners of that certain property located in the City of Santa Clarita, and have signed individual petitions and Assessment Ballots in favor of the annexations to the Districts, and have waived all statutory notices of heating and notice periods and their right of majority protest and noticing requirements. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Following notice duly given, the City Council has held a full and fair public hearing regarding its Resolution, the Engineer's Report prepared in connection with the proposed annexations, 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. SECTION 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 Annexations. All oral and written protests and objections to these Annexations and the proposed levy and collection of assessments are hereby overruled by the City Council. SECTION 3. Based upon its review of the Engineer's Report, copies of which have been presented to the City Council and which have 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 Engineer's Report, that: (i) the land within the Annexations 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 or adjacent to the boundaries of the Annexations and within the Districts; and (ii) the Annexations include all lands so specially benefited; and (iii) the net amount to be assessed upon the lots and parcels within the Annexations in accordance with the assessment, 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 2 (i v) 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. SECTION 4. The City Council hereby orders the proposed improvements to be included within the Annexations as set forth in the 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 Annexations within the Districts. 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, fertilizing, and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and cleaning. Servicing means the furnishing of water arid electricity for the irrigation and control of the landscaping and the maintenance of any of the ornamental structures or appurtenant facilities. SECTION 5. The City Council hereby confirms the diagrams and assessments set forth in the Engineer's Report. The maintenance, operation, and servicing of the ornamental structures, -- landscaping, and appurtenant facilities shall be performed pursuant to law. 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 such 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 forwarded to the City Treasurer. SECTION 6. The assessments are in compliance with the provisions of the Act and Article XIS 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 XIED of the California Constitution. SECTION 7. The City Treasurer shall deposit all money representing assessments collected for the Annexations to the credit of separate funds. Said funds shall be expended only for the maintenance, operation, and servicing of the ornamental structures, landscaping, and appurtenant facilities as described in Section 4 above. SECTION S. 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. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. 3 PASSED, APPROVED AND ADOPTED this 8th day of July, 2003. ATTEST: CrrY CLERK STATE OF CAL:ITORNIA ) COUNTY 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 8th day of July, 2003, by the following vote: AYES: COUNCILMEMBERS: Kellar, Weste, Ferry, McLean, Smyth NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None S\fiii d W enmN\NeuZnucz Rcro-PH 07-0823.do M a �- CITY CLERK