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Home My WebLink About2005-07-12 - RESOLUTIONS - LMD 1 T1 A2 ANNEX (3)RESOLUTION NO. 05-94 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 DIAGRAMRP OJECT 1-E Exhibit A-1 Golden Valley Ranch Commercial 1-F Exhibit A-2 Tract 53419 Valle Di Oro T-1 #30 Exhibit A-3 23744-70 San Fernando Road T-1 #31 Exhibit A-4 Seco Canyon Village T-10 E Exhibit A-5 Discovery Gateway Spectrum I, LLC T-10 F Exhibit A-6 Parkway Oldsmobile, Cadillac, GMC T-10 G Exhibit A-7 25145 Anza, American Honda Motor Company A-2 #3 Exhibit A-8 27740 Bouquet, WK Sonrisa A-2 #4 Exhibit A-9 Blessed Kateri Church A-2 #5 Exhibit A-10 PM 26684 Lots 1-4 A-2 #6 Exhibit A-11 Tract 52355 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 and to establish the areas as 1-E, 1-F, T-1 #30, T-1. #31, T-10 E, T-10 F, T-10 G, A-2 #3, A-2 #4, A-2 #5, and A-2 #6 (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 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 3M 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; (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 (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. 2 I 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 District. Maintenance means the famishing 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 fiunishing 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 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 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 3[IlD 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 XIDD 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 fiords 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 r•+ 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-E, 1-F, T-10 E, T-10 F, T-10 G, and approves the 3 annexation of territories into the Santa Clarita Areawide Landscape Maintenance District No. T-1, to form annexation Nos. T-1 #30, T-1 #31, and approves the annexation of territories into the Santa Clarita Areawide Landscape Maintenance District No. A-2 and form Annexation Nos. A-2 #3, A-2 #4, A-2 #5, and A-2 #6, and to levy annual assessments thereon. SECTION 10. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 12th day of July, 2005. <</W— 14 ATTEST: CITY axim •\r STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) as. CITY OF SANTA CLARTTA ) I, Sharon Dawson, 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 12th day of July, 2005 by the following vote: AYES: COUNCILMEMBERS: Weste, Kellar, Ferry, Smyth NOES: COUNCILMEIvIBERS: None ABSENT: COUNCILMEMBERS: McLean (� CITY CLERK 4 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA ss. 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. 05-94, adopted by the City Council of the City of Santa Clarita, California on July 12, 2005, 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