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HomeMy WebLinkAbout2009-11-10 - RESOLUTIONS - SC SMD 1 ANNEX L 89 (2)RESOLUTION NO. 09-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES, INITIATE PROCEEDINGS FOR THE ANNEXATION AND ANNUAL LEVY OF ASSESSMENTS, APPROVE THE PRELIMINARY ENGINEER'S REPORT, AND SET A TIME AND PLACE FOR A PUBLIC HEARING THEREON FOR THE ANNEXATION OF CERTAIN TERRITORY INTO SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1, ANNEXATION L-89 WHEREAS, the City Council has, by previous Resolutions, formed and levied annual assessments for Streetlight Maintenance District No. 1 (hereafter referred to as the "District"), pursuant to the provisions of the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (hereafter referred to as the "Act") that provides for the levy and collection of assessments by the District to pay the maintenance and services of all improvements and facilities related thereto; and WHEREAS, the City Council desires to annex territory into the District, and such territory will receive special benefit from the improvements within the proposed annexation; and WHEREAS, the City has ordered the preparation of an Engineer's Report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code giving a description of the annexation; and WHEREAS, the Engineer's Report has been duly presented by the City Clerk for consideration and has been fully considered by the City Council; and WHEREAS, the City Council, 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 "1972 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 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the "Assessment Law"), has, by approval of this Resolution, initiated proceedings to annex territory into a special assessment district and ordered the preparation of an Assessment Engineer's Report for the levy of assessments within such proposed annexation. Such special assessment district is known and designated as the City of Santa Clarita Streetlight Maintenance District No. 1. The parcels to be annexed into the SMD are included in Annexation L-89. For a detailed description, please refer to Appendix B, Assessment Roll, of the Assessment Engineer's Report (on file with the City Clerk and open for public inspection). WHEREAS, at this time the City Council desires to declare its intention to annex territory into said District and to provide for the levy of and collection of assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance of the improvements (as defined in the Engineer's Report) in such Annexation. 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. Declaration of Intention. The public interest and convenience requires, and it is the intention of the City Council to order the annexation of territory, and to levy and collect assessments to pay the annual costs and expenses for the maintenance, operation, and/or servicing of all existing street lighting and appurtenant facilities located in public places within the boundaries of the District. The installation of street lighting and appurtenant facilities are necessary for the daily operation of said lighting within City road rights-of-way. Installation covers all work necessary for the installment or replacement of said lighting and all appurtenant work necessary to complete said installment or replacement. The operation, maintenance, and servicing of all existing street lighting and appurtenant facilities are necessary for the daily operation of said lighting located within City road rights-of-way. Operation, maintenance, and servicing means all work necessary for the daily maintenance required to maintain said lights in proper operating conditions, including providing said lights with the proper energy necessary to operate the lights. SECTION 3. Boundaries of the Annexation. An Assessment Diagram for the Annexation (Section 22570 of the Streets and Highways Code) and assessments (Section 22572 of the Streets and Highways Code) showing the area to be benefited and assessed for the improvements has been prepared as Appendix A of said Engineer's Report. The diagram, assessments, and improvement plans have been filed with the City Clerk, along with the Engineer's Report; and The diagram, which indicates by boundary lines the extent of the Annexation, is hereby declared to describe the proposed boundaries of the Annexation and shall govern for all details as to the extent and location of said Annexation. SECTION 4. Report of Assessment Engineer. The Assessment Engineer's Report is hereby approved as filed and incorporated herein by this reference. Reference is made to such Report for a full and detailed description of the improvements to be maintained, the boundaries of the Annexation and the proposed assessments upon assessable lots and parcels of land within the Annexation. SECTION 5. Public Hearing. Notice is hereby given that a Public Hearing is scheduled to be held at 23920 Valencia Boulevard, Suite 105, Santa Clarita, California on January 12, 2010, at 6:00 pm. 2 All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and all written communications made or filed by any interested persons. The City Council shall, at the conclusion of the Public Hearing, also determine whether assessment ballots submitted pursuant to the Assessment Law in opposition to the proposed annexation and assessments exceed assessment ballots submitted in favor of such proposed annexation and assessments. SECTION 6. Right to Submit Assessment Ballot. Pursuant to the provisions of the Assessment Law, each record owner of property proposed to be annexed and assessed has the right to submit an assessment ballot in favor of or in opposition to the proposed annexation and assessment. Assessment ballots will be mailed to the record owner of each parcel located within the Annexation and subject to a proposed assessment. Each such owner may complete such assessment ballot and thereby indicate their support for or opposition to the proposed annexation and assessment. All such assessment ballots may be delivered by mail or in person to: City of Santa Clarita Office of the City Clerk 23920 Valencia Boulevard, Suite 304 Santa Clarita, CA 91355-2196 After 6:00 p.m. on January 12, 2010, assessment ballots may be delivered to the City Clerk only at the location of the Public Hearing given above. All assessment ballots must be received by the City Clerk_priot to the ±ime the Public Hearing is closed. An assessment ballot delivered by mail, with a postmark, pffor to the date and time of the Public Hearing, but not received by the City Clerk until after the Public' Hearing is closed, will not be counted. ; At the conclusion of the Public Hearing, the City Council shall cause the assessment ballots received in a timely manner to be tabulated. If a majority protest exists, the City Council shall not approve the annexation or impose assessments within the areas proposed to be annexed. A majority protest exists if, upon the conclusion of the Public Hearing, assessment ballots submitted in opposition to the assessments within the Annexation exceed the assessment ballots submitted in favor of such assessments. In tabulating the assessment ballots, the assessment ballots shall be weighted according to the proportional financial obligation of the affected property. SECTION 7. Notice. The City Clerk is hereby directed to mail notice pursuant to the Assessment Law of the Public Hearing, assessment ballot proceedings, the adoption of the Resolution of Intention and of the filing of the Assessment Engineer's Report, together with the assessment ballot materials, to the record owners of all real property proposed to be annexed. W SECTION 8. Proceeding Inquiries. The following staff person is designated to respond to all inquiries for any and all information relating to the proposed Annexation and these proceedings, including the assessment ballot procedure: Joan Cox Harris & Associates 34 Executive Park, Suite 150 Irvine, CA 92614-4705 Telephone: 866-427-4304 SECTION 9. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 10th day of November, 2009. ATTEST: CITY CLERK l El L 1 1 1 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 10th day of November, 2009, by the following vote: AYES: COUNCILMEMBERS: Kellar, McLean, Ender, Ferry NOES: COUNCILMEMBERS: None RECUSED: COUNCILMEMBERS: Weste ABSENT: COUNCILMEMBERS: None 0 5 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. 09-93, adopted by the City Council of the City of Santa Clarita, California on November 10, 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 1