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HomeMy WebLinkAbout2008-03-25 - RESOLUTIONS - LMD ASMT BALLOT RESULTS (2)RESOLUTION NO. 08-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, APPROVING A FINAL ENGINEER'S REPORT AND ORDERING ANNEXATIONS INTO, DETACHMENTS FROM, CREATION OF NEW ZONES, AND DISSOLUTION OF EXISTING ZONES, AND ASSESSMENT RATE ADJUSTMENTS IN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, A2 AND T1 AND PROVIDING FOR THE LEVY AND COLLECTION OF THE ANNUAL ASSESSMENTS THEREIN, AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Santa Clarita (the "City") has initiated proceedings to annex various properties in the City into, create new Zones within and adjust assessment rates in various Zones within Landscape Maintenance District (LMD) No. 1 (the "Annexations, Creations and Adjustments") pursuant to the provisions of the "Landscaping and Lighting Act of 1972," being Part 2 of Division 15 of the California Streets and Highways Code commencing with Section 22500 (the "Act") and in accordance with Article XIIID of the California Constitution (Proposition 218) and the Proposition 218 Omnibus Implementation Act commencing with Section 53750 of the California Government Code (the "Implementation Act") (the Act, Proposition 218 and the Implementation Act may be referred to collectively herein as the "Assessment Law"), to fund the costs of installation, servicing and maintenance of landscaped improvements within public rights-of-way and dedicated landscape easements within various areas in the City; to detach various parcels from LMD Nos. 1 and A2 and from Zones within LMD No. T1 (the "Detachments")`that are being annexed into new or existing Zones in LMD No. 1; and to dissolve various Zones within LMD No. T1 (the "Dissolutions") that are no longer needed; and WHEREAS, the City Council did order and subsequently receive a report prepared by Harris & Associates (the "Assessment Engineer"), prepared in accordance with the Assessment Law; and WHEREAS, a listing of various properties proposed to be detached from LMD No. 1 Zone 1 — Annexation IE, LMD No. A2 — Annexations 1, 6 and 8, and LMD No. TI and Zones within LMD No. T1 that fund only Area -Wide landscaping improvements and improvements that are being incorporated into the new or expanded zones, which are: Zones TIC, T1D, TIF, TIG, TIH, T1I, TIJ, T1K, TIL, TIN, TIO, TIP, T1R, TIT, T1X, T1Y, T1Z, T1-27, T1-28, T1-30, T1-32, TI -33 and T1-34, is on file with the City Clerk; and WHEREAS, various Zones within LMD No. T1 are proposed to be dissolved, which Zones specifically are Zones T9, T10, TIC, T1D, TIF, TIG, TIH, T1I, TIJ, T1K, TIL, TIN, TIO, T1P, T1R, TIT, T1X, T1Y, T1-27, T1-28, T1-30, T1-32, T1-33 and T1-34; and WHEREAS, the City Council did set the time and place for a Public Hearing to consider the Annexations, Creations and Adjustments, Detachments and Dissolutions and to authorize the annual levy of assessments there in, and did order that notice of such Public Hearing, accompanied by assessment ballots, be given to the record owners of property within the proposed Annexations, Creations and Adjustments, Detachments and Dissolutions in accordance with the provisions of the Assessment Law; and WHEREAS, notice of such Public Hearing accompanied by assessment ballots were mailed to the record owners of property within the proposed Annexations, Creations and Adjustments in accordance with the provisions of the Assessment Law; and WHEREAS, the City Council considered all oral and written statements, protests and communications made or filed by any interested persons; and WHEREAS, upon conclusion of the Public Hearing, the City Council did direct the Assessment Engineer to revise the Engineer's Report to include clarification language regarding the continued Landscape Maintenance District maintenance of all T-1 Areawide improvements, including parkways and side panels, and to include language to clarify the analysis of special and general benefit to indicate there is no quantifiable general benefit; and WHEREAS, a Final Engineer's Report has been duly presented by the City Clerk for consideration and has been fully considered by the City Council; and WHEREAS, following 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 levy of the assessments have been undertaken in accordance with the Assessment Law. SECTION 3. Approval of Final Engineer's Report. The Final Engineer's Report, including the plans, specifications, general descriptions, estimate of the cost of installation, servicing and maintenance of landscaped improvements within public rights-of-way and dedicated landscape easements within various areas in the City (the "Improvements") and incidental expenses in connection therewith, the diagram and the proposed assessments, as modified by the Assessment Engineer as ordered by the City Council as described herein above, is hereby approved as filed and incorporated herein by this reference and will stand as the Engineer's Report of record for these proceedings. Pursuant to the Assessment Law the changes to the Engineer's Report ordered by the City Council as described herein above may be incorporated without further notice inasmuch as the changes do not order the inclusion of additional territory within the district and do not order an increase in the proposed assessment rates and do not order a change to the proposed assessment methodology. SECTION 4. Assessment Ballot Procedures and Tabulation. Assessment ballots were mailed as required by Assessment Law to the record owners of all properties within the 4 Annexations, Creations and Adjustments 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 and totaling $2,615,998, exceed the assessment ballots submitted in opposition to such levy, also as weighted in accordance with Assessment Law and totaling $594,278; therefore, no majority protest to the levy of assessments within the Annexations, Creations and Adjustments has been found to exist. SECTION 5. Annexation of Territory. The City Council hereby orders the Annexations. SECTION 6. Creation of Assessment Zones. The City Council hereby orders the Creation of Assessment Zones. SECTION 7. Detachments from Assessment Districts. The City Council hereby orders the Detachments. SECTION 8. Dissolutions of Assessment Zones. The City Council hereby orders the Dissolutions. SECTION 9. Determination and Confirmation. Based upon the Final 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 proposed to be imposed for Fiscal Year 2007/08 and the maximum annual assessment proposed to be imposed to pay for the estimated costs of the maintenance of all of the improvements to ultimately by maintained upon the completion and acceptance of thereof. a. The proportionate special benefit derived by each individual parcel assessed -has been determined in relationship to the entirety of the cyst of. the _opgrations and maintenance expenses. a _ b. The assessments do not exceed the reasonable cost of the pr�ppo -rtipndl,�beci al benefit conferred on each parcel. ' c. Only the special benefits have been assessed. The maximum assessments for the Annexations, Creations and Adjustments contained in the Final 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 of thereof as set forth in the Final 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 assessment shall be increased by the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the Los Angeles, Riverside and Orange County areas, published by the 3 United States Department of Labor, Bureau of Labor Statistics (or a reasonably equivalent index .. . if such index is discontinued) without further compliance with the assessment ballot procedures required under the Assessment Law. SECTION 10. Ordering of Maintenance. The public interest and convenience requires, and this legislative body does hereby order the maintenance work to be made and performed as said maintenance work is set forth in the Final Assessment Engineer's Report. SECTION 11. 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 12. This resolution shall take effect immediately. SECTION 13. 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 25th day of March, 2008. ATTEST: CITY CLERK, 0 1 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 25th day of March, 2008, by the following vote: AYES: COUNCILMEMBERS: McLean, Boydston, Weste, Ferry, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 1 1 E 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. 08-30, adopted by the City Council of the City of Santa Clarita, California on March 25, 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