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HomeMy WebLinkAbout2011-05-24 - AGENDA REPORTS - ANNUAL LEVY OSPD (2)Agenda Item: 12 CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval: Item to be presented by: Darren Hernandez DATE: May 24, 2011 SUBJECT: ANNUAL LEVY OF ASSESSMENTS FOR THE OPEN SPACE PRESERVATION DISTRICT DEPARTMENT: Administrative Services RECOMMENDED ACTION City Council: 1. Conduct a public hearing. 2. Adopt the resolution approving the Engineer's Report for the Fiscal Year 2011/12 annual levy of assessments for the continuation of maintenance for the Open Space Preservation District. BACKGROUND As an annual requirement procedure, staff presents for City Council's consideration the Final Engineer's Report for the Open Space Preservation District (District) and requests approval to direct Willdan Financial Services to provide the Los Angeles County Assessor data necessary for the assessments to appear on the Fiscal Year 2011/12 Property Tax Rolls. The report and prescribed actions are pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the California Streets and Highways Code. Since the formation of the District, 1,325 acres have been acquired using District funds, and all purchases were leveraged with grant funds or land bank mitigation funds. The District has an additional 526 acres in escrow and anticipates partnering in funding acquisitions of another 2,000 acres in 2011 and 2012. Partners include Santa Monica Mountains Conservancy, Riverside Land Conservancy, and Mountains Recreation Conservation Authority. Under the terms which an overwhelming majority of property owners voted to approve in July 2007, the maximum assessment for the District will increase each year by $1. City Council may levy an amount up to, or less than, the maximum assessment. For Fiscal Year 2010/11, the maximum assessment rate increased to $28, but the actual assessment rate only increased by $0.50 and the remaining $0.50 was deferred, and the actual assessment rate charged was $27.50 per benefit unit (BU). For Fiscal Year 2010/12, an increase in the actual assessment is recommended in the amount of $1.50 per BU and would establish the actual assessment to be levied for Fiscal Year 2011/12 at $29.00 per BU. ALTERNATIVE ACTION Other direction as determined by City Council. FISCAL IMPACT Funds for these reports are appropriated in the Fiscal Year 2011/12Open Space Preservation District budget. ATTACHMENTS Resolution RESOLUTION I I - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS AND CONTINUED MAINTENANCE FOR THE CITY OF SANTA CLARITA OPEN SPACE PRESERVATION DISTRICT FOR FISCAL YEAR 2011/12 WHEREAS, the City Council, pursuant to the provisions of the Landscape and Lighting Act of 1972, being Division 15 of the California Streets and Highways Code, commencing with Section 22500 (Act), did by previous Resolution, order Willdan Financial Services (Engineer) to prepare and file a report in accordance with Chapter 1, Article 4, of the Act, commencing with Section 22565, in connection with the proposed levy and collection of assessments for the City of Santa Clarita Open Space Preservation District (District), for the fiscal year commencing July 1, 2011 and ending June 30, 2012; and WHEREAS, said Resolution was duly and legally published in the time, form, and manner as required by law and which Resolution is on file in the office of the City Clerk; and WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Santa Clarita and the City Clerk has presented to the City Council such report entitled "Final Engineer's Report, City of Santa Clarita Open Space Preservation District, Fiscal Year 2011/12" (Report); and WHEREAS, the City Council has carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and finds that the levy has been spread in accordance with the special benefits received from the improvements, operation, maintenance, and services to be performed, as set forth in said Report; and WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2011 and ending June 30, 2012, to pay the costs and expenses of operating, maintaining, and servicing the improvements within the District; and WHEREAS, the assessment rates within the District are exempt from the assessment balloting procedures set forth in Section 4 of Proposition 218, because the District was formed by consent of the landowners, and the proposed assessments per lot or parcel are not proposed to increase by more than the assessment rates approved by the landowners at the time of annexation into the District. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Final Engineer's Report as presented consists of the following: a. Plans and specifications describing the general nature, location, and extent of the improvements to be maintained and of the maintenance work; b. Estimate of the cost of maintenance of the improvements for the District for the Fiscal Year 2011/12; c. An annual assessment for Fiscal Year 2011/12 of the estimated costs of the maintenance of those improvements to be maintained during such fiscal year, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefits received; together with a formula pursuant to which such annual assessment may be adjusted annually for inflation pursuant to the Assessment Law without the necessity for additional assessment ballot procedures. The Final Engineer's Report, as presented, is hereby approved, and is ordered to be filed in the office of the Clerk of the City Council as a permanent record and to remain open to public inspection. SECTION 3. The Clerk of the City Council shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Assessment Engineer's Report. SECTION 4. That the City hereby proposes an annual levy of assessments for Santa Clarita Open Space Preservation District thereon to provide for the following work: 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 5. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving and or amending the Report prepared in connection therewith; the levy and collection of assessments, and considered all oral and written statements, protests, and communications made or filed by interested persons. SECTION 6. The City Council hereby finds that each and every part of the Engineer's Report is sufficient, and the City Council hereby approves, passes on, and adopts the Engineer's Report as submitted to the City Council and filed with the City Clerk. 2 SECTION 7. The City Council does hereby reference the Engineer's Report, which indicates the amount of the assessments, the District boundaries, detailed description of improvements and the method of assessment. The Engineer's Report is on file in the office of the City Clerk, and reference to the Engineer's Report is hereby made for all particulars. SECTION 8. The City Council hereby directs staff to increase the levy by $1.50, and file said assessments of $29 per Benefit Unit with the County Auditor for collection with the regular property taxes for Fiscal Year 2011/12. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day of , 2011. MAYOR ATTEST: ACTING CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Kevin Tonoian, Acting 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 day of , 2011, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 3 ACTING CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, , Acting City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution I I- , adopted by the City Council of the City of Santa Clarita, California on , 2011, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this _ day of 2011. Acting City Clerk By Deputy City Clerk M CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita in the City Hall Council Chambers, 23920 Valencia Boulevard, 1st floor, Santa Clarita, California, on the 24th day of May 2011, at or after 6:00 p.m., to consider the FY 11-12 annual levy of assessments for the City's Open Space Preservation District. The City Council, pursuant to the Landscaping and Lighting Act of 1972, being a division of the Streets and Highways Code of the State of California and the Benefit Assessment Act of 1982, being a division of the Government Code, desires to levy annual assessments for the districts pursuant to Article XIII D of the California Constitution. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the Administrative Services Department, 23920 Valencia Boulevard, Suite 260, Santa Clarita, CA 91355; (661) 286-4005, Dennis Luppens, Special Districts Administrator. If you wish to challenge this action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the public hearing. Dated: Kevin Tonoian, Acting City Clerk Publish Date: May 11, 2011 -7