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HomeMy WebLinkAbout2004-06-22 - RESOLUTIONS - LMD 1 T1 A2 LEVY ASSMT (2)RESOLUTION NO. 04-88 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, T-1, AND A-2, AND 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 AND AS PROVIDED BY ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION ZONE DIAGRAM PROJECT 1-D Exhibit A-1 Tract 52414, Pardee Homes 2-G Exhibit A-2 Riverview Shopping Center, Parcels 2836-009-051 to 057 T-10 B Exhibit A-3 Valencia Industrial Center Parcel 2866-018-129 T-10 C Exhibit A-4 25115 Avenue Stanford, Parcel 2866-011-011 T-10 D Exhibit A-5 Centerpointe, Parcels 2866-006-014 and 043 T-1#27 Exhibit A-6 Cinema Professional Center, Tract 38318 T-1 #28 Exhibit A-7 Hart Pony, Parcels 2811-067-001- 003 and 006 T-1 #29 Exhibit A-8 Oak Park Right -of -Way A-2 #1 Exhibit A-9 Sierra Highway Day Care, Parcel 2839-018-002 A-2 #2 Exhibit A-10 Carl Court, Parcels 2833-032-043 (050 and 051) WHEREAS, the City Council, by its Resolution, initiated proceedings and declared its intention to annex territory to Santa Clarita landscape maintenance district Nos. 1, Tl, and A-2, to establish the areas as 1-D, 2-G, T-10 B, T10 -C, T-10 D, T-1 #27, T-1 #28, T-1 #29, A-2 #1, and A-2 #2 (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 and the City Council did by previous Resolution approve said report (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 Resolution No. 04-88 Page 2 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 District and have waived all statutory notices of hearing 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 and the levy and collection of assessments, and considered all oral and written statements, protests, and communications made or filed by interested persons and have 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 District; 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 of parcel from the improvements; and (iv) 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 Resolution No. 04-88 Page 3 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 District. 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 the cleaning. Servicing means the furnishing of water and 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 iaw. 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 County Auditor of Los Angeles County shall establish a specific Account Number for all new assessments, not currently levied under an existing Account Number. For Areawide District No. A-2, the County Auditor requires a copy of the certified Resolution Approving the Formation of said district, to establish the required Account Number. This resolution confirms the formation of the district as indicated in the Engineer's report. SECTION 7. The assessments are in compliance with the provisions of the Act and Article XIIID 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 XIIID of the California Constitution. SECTION 8. 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 9. A certified copy of the diagrams and assessments in the Engineer's report shall be filed in the office of the City Clerk and shall be open for public inspection. The City Council approves the annexation of territories into the Santa Clarita Landscape Maintenance District No. 1, to form Annexation Nos. 1-D, 2-G, T-10 B, T-10 C, T-10 D, and approves the annexation of territories into the Santa Clarita Areawide Landscape Maintenance District No. T-1, to form annexation Nos. T-1 #27, T-1 #28, T-1 #29, and approves the annexation of territories into the Santa Clarita Areawide Landscape Maintenance District No. A-2 and form Annexation Nos. A-2 #1 and A-2 #2, and to levy annual assessments thereon. Resolution No. 04-88 Page 4 SECTION 10. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 22nd day of June, 2004. ATTEST: CITY CLERK STATE OF CALIFORNIA ) 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 22nd day of June, 2004, by the following vote: AYES: COUNCILMEMBERS: Ferry, McLean, Weste, 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. 04-88, 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