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HomeMy WebLinkAbout2007-05-22 - RESOLUTIONS - LMD 1 T1 A2 ANNEX (2)RESOLUTION NO. 07-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ORDERING THE INITIATION OF PROCEEDINGS FOR THE ANNEXATION AND ANNUAL LEVY OF ASSESSMENTS, APPROVE THE PRELR IINARY ENGINEER'S REPORT, SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON WHEREAS, the City Council has by previous Resolutions formed and levied annual assessments for Landscape Maintenance District Nos. 1, T-1, and A-2 (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 City Council desires to annex territory into the District, and such territory will receive special benefit from the improvements within the proposed annexations; and -~ WHEREAS, the property known with the common name of Bridgeport Marketplace will annex into the T-1 and T46 zones for the benefits received under the Landscape and Lighting Act of 1972. WHEREAS, this annexation will bring the property adjacent to landscaped City parkway on Newhall Ranch Road from Grandview Drive to McBean Parkway and adjacent landscaped City parkway on McBean Parkway from Newhall Ranch Road to Northern boundary of the Marketplace Property. WHEREAS, the property known with the common name of Burgeson Office Building will annex into zone A-2 for the benefits received under the Landscape and Lighting Act of 1972. WHEREAS, the City Council has retained Hams & Associates for the purpose of assisting with the annexation of territory and annual levy of the District and to prepare and file an Assessment Engineer's Report with the City Clerk in accordance with the Act; and WHEREAS, the City Council, 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 XIDD 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 districts are known and designated as the City of Santa Clarita Landscape Maintenance District Nos. 1, T-1, and A-2. The territories to be annexed (the "Annexations") are as follows: • APN 2811-001-146 - Annexation T -46A Bridgeport Marketplace • APN 2811-001-146 -Annexation T-1 34 Bridgeport Marketplace • APN 2839-016-020 - Annexation A-2 #8 Burgeson Office Building • APN 2839-016-021 - Annexation A-2 #8 Burgeson Office Building WHEREAS, at this time the City Council desires to declare its intention to annex territory into said Districts and to provide for the levy of and collection of assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance of the improvements (defined in the Engineer's Report) in such Annexations; 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: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Declaration of Intention. That the City hereby proposes to annex territory to the Districts and to levy annual assessments thereon 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. Boundaries of the Annexations. Assessment Diagrams for the Annexations (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 have been prepared as Section 5 of said Engineer's Report. The diagrams, assessments and improvement plans have been filed with the City Clerk, along with the Engineer's Report; and The diagrams, which indicates by a boundary line the extent of the Annexations, are hereby declared to describe the proposed boundaries of the Annexations and shall govern for all details as to the extent and location of said Annexations; and SECTION 4. Report of Assessment Engineer. In accordance with the City Council's orders, the Assessment Engineer's Report as preliminarily approved, is 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 Annexations and the proposed assessments upon assessable lots and parcels of land within the Annexations. SECTION 5. Public Hearing. Notice is hereby given that a Public Hearing is scheduled to be held at 23920 Valencia Boulevard, Santa Clarita, California on July 10, 2007 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. SECTION 6. 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 Annexations 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, California 91355-2196 After 6:00 p.m. on July 10, 2007, 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 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 in a timely manner 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 Annexations 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. 3 SECTION 7. Notice. The City Clerk is hereby directed to mail notice pursuant to the Assessment Law of the 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 8. Proceedings Inquiries. The following staff person is designated to respond to all inquiries for any and all information relating to the proposed Annexations and these proceedings, including the assessment ballot procedure: Dennis Luppens Special Districts Administrator City of Santa Clarita 23920 Valencia Boulevard, Suite 260 Santa Clarita, CA 91355 (661)286-4005 SECTION 9. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 22nd day of May, 2007. ATTEST: CITY CLERK rd STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARTTA ) 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 May, 2007, by the following vote: AYES: COUNC]LMEMBERS: Boydston, Ferry, Weste, Kellar, McLean NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None W JY," CTTY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CTTY OF SANTA CLARTTA ) 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. 07-30, adopted by the City Council of the City of Santa Clarita, California on May 22, 2007, 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 Caputo Deputy City Clerk