HomeMy WebLinkAbout2006-08-22 - RESOLUTIONS - LMD 1 MAXIMUM RATE ANNEX 1G (3)-- RESOLUTION NO. 06-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE
INCREASE OF ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1,
ZONE 1, ANNEXATION 1-G (CENTEX DEVELOPMENT), PRELINIINARILY 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 RATE INCREASE, 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 increase in
assessment rates for Landscape Maintenance District 1, Zone 1, Annexation 1-G (Centex
Development) (the "Zone") and for the levy and collection of annual assessment within the
proposed Zones for the Fiscal Year 2006/2007, 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 Zone; 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 developer has submitted a petition to the City requesting to have the
assessment rate increased for its development; and
WHEREAS, the Developer of the Zone is the sole owner of that certain property located
in the City of Santa Clarita, and have signed a petition and Assessment Ballot in favor of the
assessment rate increase 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 Work 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 Engineer's Report" for the assessment rate increase for the Zone, and
WHEREAS, the Engineer's report 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 assessments, total costs, and description of the parcels to be assessed; and
WHEREAS, this City Council has examined and considered the 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 the Zone to pay for the costs and expenses of the
improvements described herein for the fiscal year commencing July 1, 2006 and ending
June 30, 2007, 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 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 increase the assessment rate for Santa
Clarita Landscape Maintenance District No. 1, Zone 1, Annexation 1-G (Centex Development),
(the "Zone").
SECTION 4. That the developer hereby waived, by petition, all statutory notices of
hearing and rights of majority protest by any interested property owners within the Zone.
SECTION 5. The City hereby designates Harris & Associates 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 2006/2007 commencing July 1, 2006 and ending June 30, 2007.
SECTION 6. This City Council is satisfied with the correctness of the assessments
including the proceedings and all matters relating thereto.
SECTION 7. Notice is hereby given that the 22nd day of August, 2006 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 2006/2007
against the lots and parcels of land within the Zone. At the hearing, all interested persons shall
2
— 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
the California Constitution are on file in the office of the City Clerk and open to public
inspection.
SECTION 8. 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 increase in
assessment rate and to levy and collect assessments against the assessable lots and parcels of land
within the Zone for that portion of the fiscal year commencing July 1, 2006 and ending
June 30, 2007 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 XIII 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 2006/2007, increased
each year based upon the Consumer Price Index, All Urban Consumers, for the Los Angeles,
Riverside and Orange County areas ("CPP') 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, 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 9. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 22nd day of August, 2006.
ATTEST:
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%MAYOR
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 August, 2006, by the following vote:
AYES: COUNCILMEMBERS: Smyth, McLean, Kellar, Ferry, Weste
NOES: COUNCILMEMBERS: None
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CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES
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. 06-89, adopted by the City Council of the City of
Santa Clarita, California on August 22, 2006, 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