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Home My WebLink About2009-09-22 - RESOLUTIONS - ASMT BALLOT TABULATION RESULTS (2)RESOLUTION NO. 09-82 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, 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 and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the California Government Code), 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 Zones within LMD Nos. 1, T1, and A2 (the "Detachments") that are being annexed into new or existing Zones in LMD No. 1; and to dissolve various Zones within LMD Nos. 1, T1, and A2 (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 — Annexations 1 A, 1 C, 1 D, and 1 F; LMD No. 1 Zone 2A and Zone 2A — Annexations 213, 2C, 2D, 2E, and 2G; LMD No. A2 — Annexations 2, 3, 4, 5, and 7; and LMD No. T1 and LMD No. T1, Zone T7; is on file with the City Clerk; and WHEREAS, various Annexations within LMD No. A2 and Zones within LMD No. T1 are proposed to be dissolved, which specifically are: LMD No. A2 Annexations 2, 3, 4, 5, and 7 and LMD T1, Zone T7; 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 therein, 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 Act; 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, 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. Assessment Ballot Procedures. Assessment ballots were mailed as required by Assessment Law to the record owners of all properties within the Annexations, —Creations; and—Adjustments-which-are-proposed-to-be-assessed.. T--he-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, The 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. 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, dedicated landscape easements within various areas in the City (the "Improvements") and incidental expenses in connection therewith, the diagram and the proposed assessments is hereby approved as filed and incorporated herein by this reference. SECTION 5. Annexation of Territory. The City Council hereby orders the Annexations. 2 1 1 1 1 1 1 1 t 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, commencing with Fiscal Year 2009/10, 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 be maintained upon the completion and acceptance of thereof - a. The proportionate special benefit derived by each individual par" "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 Annexations, Creations, and Adjustments contained in the Final Engineer's Report 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 2009/10), 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 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 Act. 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 perfonned 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. 3 SECTION 12, This Resolution shall take effect immediately. SECTION 13, The City Clerk shall certify to the passage and adoption of this Resolution; cause the same to be entered in the book of resolutions of the City, and 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 22nd r 2v of Rentemher 9000 ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. ------CI-T-Y-OF-S-AN-T-A-C—L-ARI-T-A -- --- -- -- - -� � -- � -- -- -- - � -- -- -- 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 22nd day of September, 2009, by the following vote: AYES: COUNCILMEMBERS: Ender, Kellar, Weste, McLean, Ferry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None M MRU-Pq9AJ . -.� CITY CLERK 1 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. 09-82, adopted by the City Council of the City of Santa Clarita, California on September 22, 2009, 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, CMC Deputy City Clerk 1