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HomeMy WebLinkAbout2008-06-24 - RESOLUTIONS - SMD 1 ANNEX L 86 (2)RESOLUTION NO. 08-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION FOR L-86, ANNEXING ONE PARCEL INTO THE CITY OF SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1, ORDERING MAINTENANCE WORK THEREIN AND CONFIRMING THE DIAGRAMS AND ASSESSMENTS AND PROVIDING FOR THE LEVY AND COLLECTION OF THE ANNUAL ASSESSMENTS THEREIN WHEREAS, the City Council of the City of Santa Clarita, California, has initiated proceedings for the annexation of territory and levy of an annual assessment into a special maintenance district created pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Landscaping Act"), Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the Landscaping Act, Article XIIID and the Implementation Act may be referred to collectively herein as the "Assessment Law"), such special maintenance district is known and designated as the City of Santa Clarita Streetlight Maintenance District No. 1, (the "District") AnnexatiomL-86, (the "Annexation"); 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 (the "Assessment Engineer's Report"); and WHEREAS, the City Council did set the time and place for a Public Hearing to consider the annexation of one parcel into the District and the authorization to levy the annual assessment therein and did order that notice of such Public Hearing, accompanied by an assessment ballot, be given to the record owner of property within the proposed Annexation in accordance with the provisions of the Assessment Law; and WHEREAS, notice of such Public Hearing accompanied by the assessment ballot was mailed to the record owner of property within the proposed Annexation in accordance with the provisions of the Assessment Law. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Recitals. The above recitals are all 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. Assessment Ballot Procedures. Assessment ballots were mailed as required by Assessment Law to the record owners of the properties within the Annexation 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 the City Council and the results of such tabulation have been submitted to the 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 levy of assessments within the Annexation has been found to exist. SECTION 4. Annexation of Parcels. This City Council hereby orders the Annexation. 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 of all of the improvements to ultimately be 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 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. c Only the special benefits have been assessed. The maximum assessments for the Annexation 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 of 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 assessment shall be increased by the Consumer Price Index, (CPI) for all Urban Consumers, Los Angeles — Orange — Riverside County Area without further compliance with the assessment ballot procedures required under the Assessment Law. SECTION 6. 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. 2 1 1 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. Filing with the County Auditor. The City Clerk is hereby ordered and directed to immediately file a certified copy of the diagram and assessment with the County Auditor. Said filing to be made no later than the 3rd Monday in August. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 24th day of June, 2008. ATTEST: i - CITY CLERK _y — 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 Clanta at a regular meeting thereof, held on the 24th day of June, 2008, by the following vote: AYES: COUNCILMEMBERS. McLean, Ender, Weste, Ferry, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 3 6;;� pov_j� CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA ss. 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. 08-70, adopted by the City Council of the City of Santa Clarita, California on June 24, 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 1