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Home My WebLink About2004-06-22 - RESOLUTIONS - ANNEX LMD 1 T1 T2 (2)RESOLUTION NO. 04-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARTTA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNEXATION OF VARIOUS TRACTS INTO CITY LANDSCAPE MAINTENANCE DISTRICT NOS. 1, T-1, AND A-2, AND FORMATION OF SAID AREAS INTO ZONES AS SHOWN, PRELIMINARILY APPROVING THE REPORT OF THE ENGINEER, 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 ANNEXATIONS AND FORMATIONS, AND SETTING THE PUBLIC HEARING 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 the proposed areas ("Zones") as follows: ZONE DIAGRAM 1-D Exhibit A-1 2-G Exhibit A-2 T-10 B Exhibit A-3 T-10 C Exhibit A-4 T-10 D Exhibit A-5 T-1 #27 Exhibit A-6 T-1 #28 Exhibit A-7 T-1 #29 Exhibit A-8 A-2 #1 Exhibit A-9 A-2 #2 Exhibit A-10 PROJECT Tract 52414, Pardee Homes Riverview Shopping Center, Parcels 2836-009-051 to 057 Valencia Industrial Center Parcel 2866-018-129 25115 Avenue Stanford, Parcel 2866-011-011 Centerpointe, Parcels 2866-006-014 and 043 Cinema Professional Center, Tract 38318 Hart Pony, Parcels 2811-067-001- 003 and 006 Oak Park Right -of -Way Sierra Highway Day Care, Parcel 2839-018-002 Carl Court, Parcels 2833-032-043 (050 and 05 1) and for the levy and collection of annual assessment within the proposed Zones for the Fiscal Year 2004/2005, for the purposes provided therefore in the Act; and WHEREAS, the improvements to be installed, constructed, or maintained within the proposed Annexations and Zones 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 Annexations and Zones; and Resolution No. 04-84 Page 2 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 Annexations and Zones; and WHEREAS, the Annexations and Zones consist of the areas contained in the "Zones" as listed above and shown on the maps, plans, and specifications incorporated herein by reference; and WHEREAS, the developers have submitted individual petitions to the City requesting to have their developments be annexed into the Districts and formed into new Annexations and Zones; 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 District and have waived all statutory notices of hearing and notice periods and their right of majority protest and noticing requirements, and WHEREAS the Engineer of Work 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 Consolidated Engineer's Report," for the Annexations into the Districts, and WHEREAS, the City has prepared and filed with the City Clerk, diagrams attached as Exhibits A-1 through A-10 as listed and designated above, showing the proposed boundaries of the territory to be formed into the Annexations and Zones which are benefited by the construction of the improvements and the amount to be assessed against each of the parcels within the proposed Districts; and WHEREAS, the Engineer's report, diagrams, 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 diagrams, 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 Annexations and Zones to pay for the costs and expenses of the improvements described herein for the fiscal year, commencing July 1, 2004, and ending June 30, 2005, 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 to provide for the following work: Resolution No. 04-84 Page 3 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 3. That the City hereby proposes to annex territories to the Santa Clarita Landscape Maintenance District No. 1 and form Annexation Nos. 1-D, 2-G, T10 -B, T10 -C, T10 -D. SECTION 4. That the City hereby proposes to annex territories to the Santa Clarita Areawide Landscape Maintenance District No. T-1 and form annexation Nos. T-1 #27, T-1 #28, T-1 #29. SECTION 5. That the City hereby proposes to annex territories to the Santa Clarita Areawide Landscape Maintenance District No. A-2 and form Annexation Nos. A-2 #1 and A-2 #2. SECTION 6. That the developers hereby waived, by separate petitions, all statutory notices of hearing and rights of majority protest by any interested property owners within the Annexations and Zones. SECTION 7. The City hereby designates NBS as the Engineer for the purposes of these proceedings and orders the Engineer to prepare and file with the City Clerk a written Engineer's 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 2004/2005, commencing July 1, 2004, and ending June 30, 2005. Such reports shall refer to the Annexations and Zones by their distinctive designation. SECTION 8. The diagrams, which indicate the extent of the territory proposed to be annexed and formed into the Districts by a boundary line, are hereby declared to describe the proposed boundaries of the proposed formations and annexations to the Districts and shall govern for all details as to the extent and locations of said annexations. SECTION 9. This City Council is satisfied with the correctness of the diagrams and assessments including the proceedings and all matters relating thereto. SECTION 10. Notice is hereby given that the 22nd day of June, 2004, at 6:00 pm. 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 2004/2005 against the lots and parcels of land within the Annexations and Zones. 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 ballots 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. Resolution No. 04-84 Page 4 SECTION 11. The City Council hereby 1) finds that the public interest and convenience requires this action, and 2) declares its intention to order the approval for the Annexations and Zones of territory and to levy and collect assessments against the assessable lots and parcels of land within such Annexations and Zones for that portion of the fiscal year, commencing July 1, 2004, and ending June 30, 2005 to pay the costs and expenses of the maintenance of the improvements. 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 2004/2005, 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 March of each year and the CPI for the previous March, and shal! 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 12. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 22°d day of June, 2004. wifflaulowmI� ATTEST: n1 r CITY CLERK Resolution No. 04-84 Page 5 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 adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 22°d day of June, 2004, by the following vote: AYES: COUNCILMEMBERS: Ferry, Weste, McLean, Smyth, Kellar 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. 04-84, adopted by the City Council of the City of Santa Clarita, California on June 22, 2004, 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