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Home My WebLink About2005-07-12 - RESOLUTIONS - LMD 1 T1 A2 ANNEX (4)RESOLUTION NO. 05-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, 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 WHEREAS, 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 C'Zones'as follows: ZONE DIAGRAM PROJECT 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 Somisa A-2 #4 Exhibit A-9 Blessed Kateri Church A-2 #5 Exhibit A-10 PM 26684 Lots 14 A-2 #6 Exhibit A-11 Tract 52355 and for the levy and collection of annual assessment within the proposed Zones for the Fiscal Year 2005/2006, 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 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 Record 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, the Engineer's Report and diagrams showing the proposed locations 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, 2005 and ending June 30, 2006, 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 2 California Constitution to provide for the following work: 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-E, 1-F, T10 -E, T10-17, and T10 -G. 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 #30 and T-1 #31. 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 #3, A-2 #4, A-2 #5, and A-2 #6. 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 2005/2006 commencing July 1, 2005 and ending June 30, 2006. 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 12th day of July, 2005 at 6:00 p.m. 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 2005/2006 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 M F the California Constitution are on file in the office of the City Clerk and open to public inspection. 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, 2005 and ending June 30, 2006 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 )M 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 2005/2006, increased each year based upon the Consumer Price Index, All Urban Consumers, for the Los Angeles -Anaheim -Riverside area (" CPr) 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, or other time frame if necessitated in the future, and shall 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 12th day of July, 2005. ATTEST: r � , CrFY ( IC — r iP ,r- 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) as. CITY OF SANTA CLARITA ) 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: NOES: COUNCILMEMBERS: ABSENT: COUNCIL?vMMBERS Weste, Kellar, Ferry, Smyth None McLean 5 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. 05-89, 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 2005. Sharon L. Dawson, CMC City Clerk By Susan Coffman Deputy City Clerk M