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HomeMy WebLinkAbout2005-09-13 - RESOLUTIONS - OPEN SPACE DISTRICT FORMATION (3)RESOLUTION NO. 05-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING AN ENGINEER'S REPORT AND DECLARING ITS INTENTION TO ORDER THE FORMATION OF OPEN SPACE AND PARKLAND PRESERVATION DISTRICT AND TO LEVY AN ASSESSMENT THEREON, AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Santa Clarita (the "City") has initiated proceedings to form an assessment district (the "District) pursuant to the provisions of the "Landscaping and Lighting Act of 1972," being Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") and in accordance with Article XIIID of the California Constitution and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the California Government Code), to fund a portion of the costs of the construction, acquisition, preservation, improvement, servicing, financing and maintenance of open space lands, parks and parkland of benefit to property within the City (the "Property"); and WHEREAS, the boundaries of the proposed District shall be concurrent with the boundaries of the City as shown on the map presented to this Council and on file with the City '— Clerk and incorporated herein by reference; and WHEREAS, the title of the proposed District shall be "City of Santa Clarita Open Space and Parkland Preservation District"; and WHEREAS, the Assessment Engineer, Harris & Associates, has filed with the City Clerk of the City and the City Clerk has presented to the City Council a report dated September 8, 2005 (the "Engineer's Report") regarding the proposed District and containing the matters specified in Section 22586 of the Act; and WHEREAS, the Engineer's Report has been duly presented by the City Clerk for consideration and has been fully considered by the City Council; NOW THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows: SECTION 1. The above recitals are true and correct. SECTION 2. The Engineer's Report, including the plans, specifications, general descriptions, estimate of the cost of the construction, acquisition, preservation, improvement, servicing, financing and maintenance of open space lands, parks and parkland (the "Improvements") and incidental expenses in connection therewith, the Open Space and Parkland Program for the City of Santa Clarita (the "Program") attached to the Engineer's Report as Exhibit 1, the diagram and the proposed assessments, is hereby approved as filed [or modified] and incorporated herein by this reference. The Engineer's Report shall stand as the report for the purpose of all subsequent proceedings under the Act and Article XIIID, except that it may be confirmed, modified or corrected as provided in the Act. SECTION 3. The City Council hereby finds that the public interest, necessity and convenience require the construction, acquisition, preservation, improvement, servicing, financing and maintenance of the Improvements, and this City Council hereby declares its intention to form an assessment district to be known as the "City of Santa Clarita Open Space and Parkland Preservation District." The boundaries of the District shall cover the real property benefited by the Improvements and is contiguous with the boundaries of the City as shown on and described on the map entitled "City of Santa Clarita Open Space and Parkland Preservation District Diagram/Boundary Map," on file with the City Clerk. The City Council hereby declares and finds the land within the boundaries of the District to be specially benefited by the Improvements and/or the maintenance thereof. SECTION 4. The purpose of District is to fund a portion of the Program, consisting of the construction, acquisition, preservation, improvement, servicing, financing and maintenance of open space lands, parks and parkland and appurtenant equipment and facilities, including the payment of debt service, of benefit to the Property within the District. Facilities include but are not limited to park and recreation facilities and equipment, open space land, the Santa Clara River Watershed, trail systems and wildlife corridors. All improvements and work to be funded by the District shall be done in accordance with the Engineer's Report, including the Program, on file in the office of the City Clerk and which is hereby referred to and by this reference incorporated herein and made a part hereof. The Engineer's Report and its exhibits contain a full and detailed description of the Improvements and the maintenance thereof which may be funded by the District, the boundaries of the District and the proposed assessments upon the assessable properties in the District. SECTION 5. The District is proposed to exist in perpetuity. As set forth in the Engineer's Report, each year the maximum annual assessment rate will be increased for cost of living according to the change in consumer price index (CPI) for the Los Angeles, Riverside, Orange County area. The actual assessment to be levied each year will be as determined by the City Council, not to exceed the maximum annual assessment rate period. If approved, the assessment will be levied beginning in FY 2006-07. SECTION 6. The City Council has determined that the total estimated cost of the proposed Improvements to be funded by the District is greater than can be conveniently raised from a single annual assessment and proposes that the estimated cost, including related debt service, of any one Improvement may be determined to be collected in installments over a period not to exceed thirty (30) fiscal years from its initial funding, as provided in the annual Engineer's Report for any given year. SECTION 7. The City Council appoints November 22, 2005 at 6:00 p.m. in the Council Chambers, 23920 Valencia Boulevard, Santa Clarita, California, or as soon thereafter as the matter may be heard, as the time and place for hearing protests to the proposed Improvements and maintenance thereof, the proposed levy of assessments, the amount of the individual PA assessments, and related matters as set forth in the Engineer's Report, and any interested person may appear and object to the Improvements, or to the extent of the District or to said proposed assessments. SECTION 8. The City Clerk is hereby directed to give notice of such hearing by mailing notices thereof, together with assessment ballots, in the time, form and manner provided by Section 53753 of the California Government Code, and upon the completion of the mailing of said notices and assessment ballots, the City Clerk is hereby directed to file with the City Council an affidavit setting forth the time and manner of the compliance with the requirements of law for mailing said notices and assessment ballots. The City Clerk shall cause notice of the public hearing to be given by mailing, postage prepaid, in the United States mail, and such notice shall be deemed to have been given when deposited in such mail. The notice shall be mailed not less than forty-five (45) days before the date of the public hearing ordered herein. SECTION 9. The City Council designates Harris & Associates to answer inquiries regarding the assessment proceedings, the assessments or the District. The Engineer's Report and other written material about the District may also be reviewed at the office of the City Clerk, 23920 Valencia Boulevard, Santa Clarita, California, during regular business hours. SECTION 10. This resolution shall take effect immediately. SECTION 11. The City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of resolutions of the City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of the City in the minutes of the meeting at which the same is presented. PASSED, APPROVED AND ADOPTED this 13th day of September, 2005. ATTEST: CITY CLERK 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES 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 13th day of September, 2005, by the following vote: AYES: COUNCILMEMBERS: McLean, Weste, Kellar, Ferry, Smyth NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13 CTTY 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. 05-112, adopted by the City Council of the City of Santa Clarita, California on September 13, 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 5