HomeMy WebLinkAbout2008-10-28 - RESOLUTIONS - DBAA 2008 2 GVRANCH COMMERCIAL (2)RESOLUTION NO 08-99
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 2008-2 (GOLDEN VALLEY RANCH
COMMERCIAL) AND APPROVING AND CONFIRMING THE LEVY
OF ASSESSMENTS FOR SAID DISTRICT
WHEREAS, on September 9, 2008, the City Council of the City of Santa Clanta (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 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, on September 9, 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 Clanta, 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 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 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 District No. 2008-2 (Golden Valley Ranch Commercial).
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 2008/09
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 2008/09 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 2008/09), 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.
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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 2008-2 (Golden Valley Ranch Commercial) 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 28th day of October, 2008.
ATTEST:
CITY CLERK
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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 28th day of October, 2008, by the following vote:
AYES: COUNCILMEMBERS: Ferry, McLean, Ender, Weste, Kellar
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
rd
CITY CLERK
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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. 08-99, adopted by the City Council of the City of
Santa Clarita, California on October 28, 2008, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this day of
520_.
Sharon L. Dawson, MMC
City Clerk
By
Susan Caputo, CMC
Deputy City Clerk
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