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HomeMy WebLinkAbout2008-09-09 - RESOLUTIONS - APPROVE ENGR RPT DBAA (2)RESOLUTION NO. 08-88 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 A DRAINAGE BENEFIT ASSESSMENT AREA 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") desires to form an assessment district (the "District) pursuant to the provisions of the "Benefit Assessment Act of 1982," being Article 4 of Chapter 6.4 of the Government Code (commencing with Section 54703) (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 the cost of maintenance and operation of drainage facilities required for Golden Valley Ranch Commercial Tract No. 52414-01; and WHEREAS, the boundaries of the proposed District shall be set forth in the Assessment Diagram 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 "Drainage Benefit Assessment Area No. 2008-2 (Golden Valley Ranch Commercial)"; and WHEREAS, the City has approved a consulting engineer's contract with Harris & Associates, naming Harris & Associates as the Assessment Engineer and firm responsible for preparing the Engineer's, Report and assisting in the public hearing and formation process for the proposed District. 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, and estimates of the cost of the proposed services, the boundary diagram and the proposed assessments, is hereby approved as filed 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 maintenance of the improvements to reduce the amount of pollutants in urban runoff prior to its discharge into the Santa Clara River and that said maintenance is not a burden on City resources, as is specified in the tract's conditions of development. The City Council hereby declares its intention to form an assessment district to be known as the "Drainage Benefit Assessment Area No. 2008-2 (Golden Valley Ranch Commercial)." The boundaries of the District shall cover the real property benefited by the services funded by the assessment as shown on and described on the snap entitled "Drainage Benefit Assessment Area No. 2008-2 (Golden Valley Ranch Commercial) Assessment Diagram," on file with the City Clerk and incorporated herein by reference. 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 the maintenance and operation of the drainage facilities required for Golden Valley Ranch Commercial Tract No. 52414-01 and is of benefit to the property within the District. All services and work to be funded by the District shall be done in accordance with the Engineer's Report 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 services and the maintenance 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. As set forth in the Engineer's Report, each year the maximum annual assessment rate will be increased by the annual change in the Consumer Price Index, All Urban Consumers, for the Los Angeles -Riverside -Orange County Area ("CPI"). The actual assessment to be levied each year will be as determined by the City Council, not to exceed the maximum annual assessment rate for such period. If approved, the assessment will be levied beginning in FY 2008-09. SECTION 6. The City Council appoints October 28, 2008 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 District formation, the proposed levy of assessments, the amount of the individual assessments, and related matters as set forth in the Engineer's Report, and any interested person may appear and object to the proposed services, or to the extent of the District or to said proposed assessments. SECTION 7. The City Clerk is hereby directed to give notice of such hearing by: A. Mailing notices, together with assessment ballots, postage prepaid, in the United States mail, in the time, form and manner provided by Section 53753 of the California Government Code, to the record owners of property in the proposed District. Such notice shall be mailed no later than September 12, 2008, and shall be deemed to have been given when deposited in such mail. 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 notice shall be mailed not less than forty-five (45) days before the date of the public hearing ordered herein. 2 B. Publication once a week for two successive weeks prior to the Public Hearing in a newspaper published once a week or oftener, with at least five days intervening between the respective publication dates. C. Posting notice of the Public Hearing in at least three public places within the jurisdiction of the City. SECTION 8. 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 9. The assessment balloting procedures approved by the City Council pursuant to Resolution 05-116 adopted on September 27, 2005 shall be the procedures for the completion, return and tabulation of assessment ballots for the proposed District. 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 9th day of September 2008 ATTEST: a f ,Al 4 � CITY CLERIC' 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, MMC, 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 9th day of September 2008, by the following vote: AYES: COUNCILMEMBERS: Ferry, McLean, Ender, Weste, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 'V" �R Q4.w� CITY CLERK 4 1 I 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. 08-88, adopted by the City Council of the City of Santa Clarita, California on September 9, 2008, 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, MMC City Clerk By Susan Caputo, CMC Deputy City Clerk 1 5