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HomeMy WebLinkAbout2008-06-10 - RESOLUTIONS - DBAA 3 6 18 19 20 22 (2)RESOLUTION NO. 08-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING THE CITY'S INTENTION TO LEVY ASSESSMENTS, PRELIMINARILY APPROVING AN ENGINEER'S REPORT, AND APPOINTING A TIME AND PLACE FOR COMMENT (PUBLIC HEARING) ON THE ENGINEER'S REPORT FOR THE CITY OF SANTA CLARITA DRAINAGE BENEFIT ASSESSMENT AREA NOS. 3, 6, 18, 19, 20, 22, AND 2008-1 FOR FISCAL YEAR 2008/09 WHEREAS, the City Council of the City of Santa Clarita, California, has previously formed a special maintenance District pursuant to the terms of the Benefit Assessment Act of 1982, Chapter 6.4 of Part 1 of Division 2 of Title 5 of the California Government Code, (commencing with Section 54703) (hereafter referred to as the "Act"), said benefit assessment areas known and designated as Drainage Benefit Assessment Area Nos. 3, 6, 18, 19, 20, 22 and 2008-1 (hereafter referred to as the `Benefit Assessment Areas"); and WHEREAS, the City Council of the City of Santa Clarita is desirous to take proceedings to provide for the annual levy of assessments for Fiscal Year 2008/09 to provide for the costs and expenses necessary to pay for the maintenance of the drainage benefit improvements in said Benefit Assessment Areas; and WHEREAS, the current assessment rate for Drainage Benefit Assessment Area Nos. 3, 18, 20, 22 and 2008-1 are adequate to maintain the current facilities and Drainage Benefit Assessment Area Nos. 6, 18 and 19 are not adequate to maintain the current facilities; and WHEREAS, in order to maintain the facilities at a standard acceptable to the City the assessments within the District will need to be levied for Fiscal Year 2008/09; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act does hereby require that if the assessment rate is to be increased, a notice of the proposed assessment along with a ballot shall be mailed to all owners of identified parcels within the District, and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, the assessments for Fiscal Year 2008/09 are not proposed to be increased from the previous year's assessments for the Drainage Benefit Assessment Area's Nos. 3, 6, 18, 19, 20, 22 or for the Drainage Benefit Assessment Area No.2008-1 above the approved consumer's price index; and WHEREAS, the current Consumer Price Index has been determined to be 3.3 percent calculated as the annual change in the Consumer Price Index (CPI), during the preceding year ending in March, for All Urban Consumers, for the Los Angeles, Riverside, and Orange County areas; and 1 WHEREAS, notices and Assessment Ballots are not required if assessments are not increased other than for the amount of the current consumer's price index; and WHEREAS, Harris & Associates has prepared a preliminary Engineer's Report ("Report") generally containing the following: a. Plans and specifications describing the general nature, location, and extent of the improvements to be maintained. b. An estimate of the cost of the maintenance and/or servicing of the improvements for the Benefit Assessment Areas for the referenced fiscal year. c. An assessment of the estimated costs of the maintenance and/or servicing, assessing the net amount upon all assessable lots and/or parcels within the Benefit Assessment Areas in proportion to the benefits received. That upon completion of the preparation of said Report; the original shall be filed with the City Clerk, who shall then submit the same to this legislative body for its immediate review and consideration. WHEREAS, this City Council has examined and considered the report and the proceedings prior thereto. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Recitals. That the above recitals are all true and correct. SECTION 2. Declaration Of Intention. That the public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses for the installation, replacement, maintenance and/or servicing of the improvements for the above referenced Benefit Assessment Areas. No new improvements or any substantial changes in existing improvements or zones are proposed as a part of these proceedings. SECTION 3. Fiscal Year. That the assessments as above authorized and levied for these proceedings will provide revenue and relate to the Fiscal Year commencing July 1, 2008 and ending June 30, 2009. SECTION 4. Preliminarily pproves Report. The City Council hereby finds that each and every part of the Engineer's Report is sufficient and the City Council hereby preliminarily approves, passes on, and adopts the Engineer's Report as submitted to the City Council and filed with the City Clerk. The preliminary report shall stand as the Engineer's Report for the purposes of all subsequent proceedings pursuant to this Resolution of Intention. I. 2 SECTION 5. District Improvements. The maintenance of drainage improvements shall include the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of the improvements. SECTION 6. Public Hearing. The City Council hereby appoints June 24, 2008, at 6:00 p.m. in the City of Santa Clarita, California as the time, place, and date of the Public Hearing on the Report. At the hearing, the City Council shall hear and consider all discussion regarding the proposed assessment as described in the Report. SECTION 7. Adoption of Resolution. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 10th day of June, 2008. eel- /-Z ?1YOR ATTEST: l CITY CLERK , 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 I Oth day of June, 2008, by the following vote: AYES: COUNCILMEMBERS: Ferry, McLean, Ender, Weste, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 3 CITY CLERK 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. 08-53, adopted by the City Council of the City of Santa Clarita, California on June 10, 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 Deputy City Clerk 1