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HomeMy WebLinkAbout2005-04-12 - RESOLUTIONS - STONECREST ANNEX ASMT BALLOT (2)RESOLUTION NO. 05-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES, INITIATE PROCEEDINGS FOR THE ANNEXATION AND ANNUAL LEVY OF ASSESSMENTS, APPROVE THE PRELINIINARY ENGINEER'S REPORT, SETTING A TIME AND PLACE FOR A PUBLIC MEETING AND PUBLIC HEARING THEREON FOR THE STONECREST AREA WHEREAS, the City Council has by previous Resolutions formed and levied annual assessments for Landscape Maintenance District No. 1 (hereafter referred to as the "District"), pursuant to the provisions of the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (hereafter referred to as the "Act") that provides for the levy and collection of assessments by the County of Los Angeles for the City of Santa Clarita to pay the maintenance and services of all improvements and facilities related thereto; and WHEREAS, the Stonecrest area is currently located outside of City limits and is undergoing the process to annex into the City. As part of the annexation process, the Landscape Maintenance Districts for this area, currently managed by the county, must be annexed into the City district. The LMD annexation involves mailing a ballot to all of the residents for them to vote to re-form the district with the City. This will enable the City to provide the landscape maintenance services upon completion of the process of annexation into the City. WHEREAS, the City Council desires to annex territory into the District; and, such territory will receive special benefit from the improvements within the proposed Annexation; and WHEREAS, the City Council has retained NBS for the purpose of assisting with the annexation of territory and annual levy of the District, and to prepare and file a report with the City Clerk in accordance with the Act; and WHEREAS, the City Council of the City of Santa Clarita, California pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "1972 Act"), Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the "Assessment Law"), has, by approval of this Resolution, initiated proceedings to annex territory into a special assessment district and ordered the preparation of an Assessment Engineer's Report for the levy of assessments within such proposed annexation, such special assessment district known and designated as the City of Santa Clarita Landscape Maintenance District No. 1, Stonecrest Zone T-52 (the "Annexation"); and Resolution No. 05-34 Page 2 WHEREAS, at this time the City Council desires to declare its intention to annex territory into said Maintenance District and to provide for the levy of and collection of assessments for the next ensuing fiscal year (contingent upon voter approval of the annexation into the City) to provide for the costs and expenses necessary to pay for the maintenance of the Improvements (defined below) in such Annexation; and WHEREAS, there has been presented and preliminarily approved by this City Council the Assessment Engineer's Report, as required by the Assessment Law. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: RECITALS SECTION 1. The above recitals are all true and correct. DECLARATION OF INTENTION SECTION 2. The public interest and convenience requires, and it is the intention of the City Council, to order the annexation of the Stonecrest LMD area and to levy and collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of all of the improvements for the Annexation. The operation, maintenance and servicing of ornamental structures, landscaping, including trees, shrubs, grass, and other ornamental vegetation, and appurtenant facilities, including irrigation systems and drainage devices located in public places within the boundaries of the District. 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. BOUNDARIES OF THE ANNEXATION SECTION 3. An Assessment Diagram for the Annexation (Section 22570 of the Streets and Highways Code) and assessments (Section 22572 of the Streets and Highways Code) showing the areas to be benefited and assessed for the improvements has been prepared as Section 5 of said Report. The diagram, assessments, and improvement plans have been filed with the City Clerk, along with the Engineer's Report; and The diagram, which indicates by a boundary line the extent of the Annexation, is hereby declared to describe the proposed boundaries of the Annexation and shall govern for all details as to the extent and location of said Annexation. Resolution No. 05-34 Page 3 REPORTS OF ASSESSMENT ENGINEER SECTION 4. In accordance with the City Council's orders, the Assessment Engineer's Report, as preliminarily approved are on file with the City Clerk and open for public inspection. Reference is made to such Report for a full and detailed description of the improvements to be maintained, the boundaries of the Annexation and the proposed assessments upon assessable lots and parcels of land within the Annexation. PUBLIC MEETING AND PUBLIC HEARING SECTION 5. Notice is hereby given that a Public Meeting is hereby scheduled to be held at 23920 Valencia Boulevard, Santa Clarita, California, on May 24, 2005 at 6:00 pm. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and all written communications made or filed by any interested persons. Notice is hereby given that a Public Hearing is hereby scheduled to be held at 23920 Valencia Boulevard, Santa Clarita, California, on June 14, 2005 at 6:00 pm. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and all written communications made or filed by any interested persons. The City Council shall, at the conclusion of the Public Hearing, also determine whether assessment ballots submitted pursuant to the Assessment Law in opposition to the proposed annexation and assessments exceed assessment ballots submitted in favor of such proposed annexation and assessments. RIGHT TO SUBMIT ASSESSMENT BALLOT Pursuant to the provisions of the Assessment Law, each record owner of property proposed to be annexed and assessed has the right to submit an assessment ballot in favor of or in opposition to the proposed annexation and assessment. Assessment ballots will be mailed to the record owner of each parcel located within the Annexation and subject to a proposed assessment. Each such owner may complete such assessment ballot and thereby indicate their support for or opposition to the proposed annexation and assessment. All such assessment ballots may be delivered by mail or in person to: Office of the City Clerk City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355-2196 After 6:00 p.m. on June 14, 2005, assessment ballots may be delivered to the City Clerk only at the location of the Public Hearing given above. All assessment ballots must be received by the City Clerk prior to the time that the Public Hearing is closed. An assessment ballot which is delivered by mail with a postmark which is Resolution No. 05-34 Page 4 prior to the date and time of the Public Hearing but which is not received by the City Clerk until after the Public Hearing is closed will not be counted. At the conclusion of the Public Hearing, the City Council shall cause the assessment ballots received timely to be tabulated. If a majority protest exists, the City Council shall not approve the annexation or impose an assessment within the area proposed to be annexed. A majority protest exists if, upon the conclusion of the Public Hearing, assessment ballots submitted in opposition to the assessments within the Annexation exceed the assessment ballots submitted in favor of such assessments. In tabulating the assessment ballots, the assessment ballots shall be weighted according to the proportional financial obligation of the affected property. NOTICE SECTION 6. The City Clerk is hereby directed to mail notice pursuant to the Assessment Law of the Public Meeting, Public Hearing, assessment ballot proceedings, the adoption of the Resolution of Intention and of the filing of the Assessment Engineer's Report, together with the assessment ballot materials, to the record owners of all real property proposed to be annexed. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. PROCEEDINGS INQUIRIES SECTION 8. The following staff person is designated to respond to all inquiries for any and all information relating to the proposed Annexation and these proceedings, including the assessment ballot procedure: Rick Clark or Mike Sylvia NBS 41661 Enterprise Circle North, Suite 226 Temecula, CA 92590 Telephone: (800) 676-7516 PASSED, APPROVED AND ADOPTED this 12`h day of April, 2005. ATTEST: CITY CLERK Resolution No. 05-34 Page 5 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 12` day of April, 2005, by the following vote: AYES: COUNCILMEMBERS: McLean, Weste, Kellar, Ferry, Smyth 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. 05-34, adopted by the City Council of the City of Santa Clarita, California on April 12, 2005, which is now on file in my office. Witness my hand and seal of the City of Santa Cladta, California, this _ day of 20_. Sharon L. Dawson, CMC City Clerk By Susan Coffman Deputy City Clerk