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HomeMy WebLinkAbout2008-03-11 - RESOLUTIONS - DBAA 2008 1 FORMATION (2)RESOLUTION NO. 08-26 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, APPROVING THE FORMATION OF DRAINAGE BENEFIT ASSESSMENT AREA 2008-1 (RIVER VILLAGE), AND APPROVING AND CONFIRMING THE LEVY OF ASSESSMENTS FOR SAID DISTRICT WHEREAS, on January 8, 2008, the City Council of the City of Santa Clarita (the "City") initiated proceedings 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) (collectively referred to as the "Assessment Law") to fund the cost of maintenance and operation of the two (2) water quality basins (extended detention basins) required for River Village Tract Nos. 53425-02 and 53425-03; 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. 2008-1 (River Village)"; and WHEREAS, on January 8, 2008, the City approved a report prepared by the Assessment Engineer, Harris & Associates, (the "Engineer's Report") regarding the proposed District and appointed a time and place for a public hearing on the formation of the proposed District and on said report; and WHEREAS, following notice duly given in accordance with the law, the City Council held a full and fair public hearing at the time and place appointed therefore regarding the proposed formation of the District, the proposed levy of the assessments and the Engineer's Report; and WHEREAS, the City Council considered all oral and written statements, protests, and communications made or filed by any interested persons; and WHEREAS, following the conclusion of the public hearing, assessment ballots received by the City were tabulated by the City Clerk and a majority protest did not exist. NOW THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows: SECTION 1. Recitals. The above recitals are true and correct. SECTION 2. Procedures. The City Council hereby finds and determines that the procedures for the consideration of the formation of the District have been undertaken in accordance with the Assessment Law. SECTION 3. Assessment Ballot Procedures. Assessment ballots were. mailed as required by Assessment Law to the record owners of all properties within the District which are proposed to be assessed. The assessment ballots that were completed and received by the City Clerk prior to the close of the public Hearing have been tabulated in accordance with the procedures established by Assessment Law and this City Council, and the results of such tabulation have been submitted to this City Council. This City Council hereby finds that the assessment ballots submitted in favor of the levy of assessments, as weighted in accordance with Assessment Law, exceed the assessment ballots submitted in opposition to such levy, also as weighted in accordance with Assessment Law; therefore, no majority protest to the formation of the District has been found to exist. SECTION 4. Formation of District. This City Council hereby orders the Formation of Drainage Benefit Assessment Area District No. 2008-1 (River Village). SECTION 5. Determination and Confirmation. Based upon the Assessment Engineer's Report and the testimony and other evidence presented at the Public Hearing, the City Council hereby makes the following determinations regarding the assessments for Fiscal Year 2007/08 and the maximum annual assessments proposed to be imposed to pay for the estimated costs of the maintenance and, operation of the improvements to ultimately be maintained upon the completion and acceptance thereof: a. The proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of the estimated cost of the operations and maintenance expenses. b. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel. Only the special benefits have been assessed. The assessments for the District contained in the Assessment Engineer's Report for Fiscal Year 2007/08 are hereby confirmed. Subsequent annual assessments in amounts not to exceed the maximum annual assessment of the estimated costs of the maintenance of all of the improvements to ultimately be maintained upon the completion and acceptance thereof, as set forth in the Assessment Engineer's Report, may be subsequently confirmed and levied without further assessment ballot proceedings pursuant to the Assessment Law. Each fiscal year after the base year (Fiscal Year 2007/08), the maximum assessments shall be increased by the Consumer Price Index (CPI) for All Urban Consumers for the Los Angeles -Riverside -Orange County Area without further compliance with the assessment ballot procedures required under the Assessment Law. 2 SECTION 6. Ordering of Maintenance. The public interest and convenience requires, and this legislative body does hereby order the maintenance of work to be made and performed as said maintenance work is set forth in the Assessment Engineer's Report. SECTION 7. Filing with Secretary. The above referenced diagram and assessment shall be filed in the office of the City Clerk. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. SECTION 8. Setting up Special Fund. A special fund is hereby established to be called the "Drainage Benefit Assessment District 2008-1 (River Village) Fund" into which all monies collected in connection with the District shall be placed and used in accordance with the provisions of this Resolution, the Assessment Engineer's Report and the law. Assessments related to the improvements and the maintenance thereof shall be deposited therein and used in accordance with the law. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 11th day of March, 2008. ATTEST: CITY CLERK 1 9 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 11th day of March, 2008, by the following vote: AYES: COUNCILMEMBERS: McLean, Boydston, Weste, Ferry, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None M CITY CLERK 1 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION 1, 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. 08-26, adopted by the City Council of the City of Santa Clarita, California on March 11, 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, CMC City Clerk By Susan Caputo Deputy City Clerk 1