HomeMy WebLinkAbout2009-05-26 - RESOLUTIONS - INTENTION TO LEVY ASMT OSPD (2)RESOLUTION 09-34
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 IN CONNECTION WITH THE
OPEN SPACE PRESERVATION DISTRICT FOR FISCAL YEAR 2009/10
WHEREAS, under the provisions of the Landscaping and Lighting Act of 1972, Division
15 of the Streets and Highways Code of the State of California (the "Act"), the Open Space
Preservation District was approved by the property owners in 2007; 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 2009/10 to provide for the costs and
expenses necessary to pay for the maintenance and servicing of the improvements in said
District; and
WHEREAS, the current assessment rates are adequate to maintain and service the current
facilities; and
WHEREAS, in order to maintain and service the facilities at a standard acceptable to the
City the assessments within the Districts will need to be levied for Fiscal Year 2009/10; and
WHEREAS, Proposition 218, the Right to Vote on, Taxes Act, does hereby require 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 Districts, and 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 2009/10 are not proposed to be increased
above the approved annual escalator; and
WHEREAS, the approved annual escalator is $1 per Benefit Unit; and
WHEREAS, notices and Assessment Ballots are not required if assessments are not
increased other than for the amount of the approved annual escalator; 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 District 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 District
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 diagram, assessments,
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 District. No new improvements or any substantial
changes in existing improvements 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, 2009 and
ending June 30, 2010.
SECTION 4. Preliminarily Approves Report. The City Council hereby finds 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; and
SECTION 5. District Improvements. The installation, construction, or maintenance of
any authorized improvements under the Act, including, but not limited to landscape and
irrigation improvements and any facilities which are appurtenant to any of the aforementioned, or
which are necessary or convenient for the maintenance or servicing thereof.
SECTION 6. Public Hearing. The City Council hereby appoints June 9, 2009 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.
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PASSED, APPROVED AND ADOPTED this 26th day of May, 2009.
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ATTEST:
oC
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 26th day of May, 2009, by the following vote:
AYES: COUNCILMEMBERS: Weste, Kellar, McLean, Ender, Ferry
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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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. 09-34, adopted by the City Council of the City of
Santa Clarita, California on May 26, 2009, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this day of
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Sharon L. Dawson, MMC
City Clerk
By
Susan Caputo, CMC
Deputy City Clerk
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