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Home My WebLink About2011-06-28 - RESOLUTIONS - LEVY ASSESS LMD 1 T1 (2)RESOLUTION 11-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING AN ENGINEER'S REPORT, AND DECLARING ITS INTENTION TO ORDER ANNEXATIONS INTO, DETACHMENTS FROM, CREATION OF NEW ZONES, AND DISSOLUTION OF EXISTING ZONES, AND ASSESSMENT RATE ADJUSTMENTS. IN LANDSCAPE MAINTENANCE DISTRICT NOS. I AND T-1, AND TO LEVY AN ASSESSMENT THEREON, AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Santa Clarita (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. I (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 (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 Goverment Code, to fund the costs of installation, servicing, and maintenance of improvements within public rights-of-way and dedicated landscape easements within various areas in the City (Improvements); to detach various parcels from zones within LMD Nos. I and T-1, (Detachments) that are being annexed into new or existing zones in District No. 1; and to dissolve various zones within District No. T- I (Dissolutions) that are no longer needed; and WHEREAS, the boundaries of the proposed Annexations, Creations, and Adjustments shall be as described on the map entitled "City of Santa Clarita Annexations to Landscape Maintenance District No. I" presented to this City Council and on file with the City Clerk and incorporated herein by reference; and WHEREAS, a listing of various properties proposed to be detached from District No. 1, Zone I -Annexations I B, and Zone T47; District No. T-1, Zones T2, T3, T4, T42A, T4213, T42C, and T46; and is on file with the City Clerk; and WHEREAS, various Zones within District No. T- I are proposed to be dissolved, which specifically are, District No. T-1, Zones T42A, T4213, and T42C; and WHEREAS, the Assessment Engineer, Wilidan Financial Services, has filed with the City Clerk and has presented to the City Council a report dated June 14, 2011, (Engineer's Report) regarding the proposed Annexations and containing the matters specified in Section 22586 of the Act; and I WHERE, AS, he Engineer', Report has been duly presented by the City Clerk for consideration and has been full), considered by the Cit), Council. NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows: I SECTION 1. The foregoing recitals are true and correct, and the City Council hereby so finds and determines. SECTION 2. The Engineer's Report, including the plans, specifications, general descriptions, estimate of the cost of installation, servicing, and maintenance of various improvements authorized pursuant to the Act within public rights-of-way and dedicated landscape easements within various areas of Improvements and incidental expenses in connection therewith, the diagram and the proposed assessments, is hereby approved as filed and incorporated herein by this reference. The Engineer's Report shall stand as the report for the purpose of all subsequent proceedings under the Act and Article XIIID, except that it may be confirmed, modified, or corrected as provided in the Act. SECTION 3. The City Council hereby finds that the public interest, necessity, and convenience require the installation, servicing, and maintenance of the Improvements, and this City Council hereby declares its intention to annex various properties into and create new Zones within and adjust assessment rates in various zones within District No. 1. The boundaries of the Annexations, Creations, and Adjustments shall cover the real property benefited by the Improvements and are described on the map entitled "City of Santa Clarita Annexations into Landscape Maintenance District No. I," on file with the City Clerk. The City Council hereby declares and finds the land within the boundaries of the Annexations, Creations, and Adjustments to be specially benefited by the Improvements and/or the maintenance thereof. SECTION 4. The purpose of the Annexations, Creations, and Adjustments is to fund the costs of installation, servicing, and/or maintenance of improvements within public rights-of-way and dedicated landscape easements within various areas in the City of benefit to the property within the Annexations, Creations, and Adjustments. All improvements and work to be funded by the Annexations, Creations, and Adjustments shall be done in accordance with the Engineer's Report, on file in the office of the City Clerk and which is hereby referred to and by this reference incorporated herein and made a part hereof. The Engineer's Report and its exhibits contain a full and detailed description of the Improvements and the maintenance thereof which may be funded by the Annexations, Creations, and Adjustments, the boundaries of the Annexations, Creations, and Adjustments and the proposed assessments upon the assessable properties in the Annexations, Creations, and Adjustments. SECTION 5. As set forth in the Engineers Report, the maximum annual maintenance assessment rates will be increased each subsequent fiscal year by the annual change in the Consumer Price Index, 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). The actual assessment to be levied in each fiscal year will be as determined by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. If approved, the assessment will be levied begirming in Fiscal Year 2012/13. 2 SECTION 6. The City Council hereby finds, should the Annexations, Creations, and Adjustments be approved, that various properties that are being armexed into new or existing zones in District No. I shall be detached from District No. 1, Zone I -Annexations I B, and T47; and District No. T-1, Zones T2, T3, T4, T42A, T42B, T42C, and T46; SECTION 7. The City Council hereby finds, should the Annexations, Creations, and Adjustments be approved, that various zones and annexations, specifically District No. T-1, Zones T42A, T4213, and T42C are no longer needed due to properties being annexed into new or existing zones in District No. I and shall be dissolved. SECTION 8. The City Council appoints September 13, 2011, at 6:00 p.m., in the Council Chambers, 23920 Valencia Boulevard, Santa Clarita, California, or as soon thereafter as the matter may be heard, as the time and place for hearing protests to the proposed Annexations, Creations, and Adjustments and Detachments and Dissolutions thereof, the proposed levy of assessments, the amount of the individual assessments, and related matters as set forth in the Engineer's Report, and any interested person may appear and object to the Improvements, or to the extent of the Annexations, Creations, and Adjustments or to said proposed assessments. SECTION 9. The City Clerk is hereby directed to give notice of such hearing by mailing notices thereof, together with assessment ballots, in the time, form, and manner provided by Section 53753 of the California Government. Code, and upon the completion of the mailing of said notices and assessment ballots, the City Clerk is hereby directed to file with the City Council an affidavit setting forth the time and manner of the compliance with the requirements of law for mailing said notices and assessment ballots. The City Clerk shall cause notice of the public hearing to be given by mailing, postage prepaid, in the United States mail, and such notice shall be deemed to have been given when deposited in such mail. The notice shall be mailed not less than forty-five (45) days before the date of the public hearing ordered herein. SECTION 10. The City Council designates Darren Herndndez, Deputy City Manager, and his designees, to answer inquiries regarding the assessment proceedings, the assessments, or the annexations. The Engineer's Report and other written material about the annexations may also be reviewed at the office of the City Clerk, 23920 Valencia Boulevard, Santa Clarita, California, during regular business hours. SECTION 10. This resolution shall take effect immediately. SECTION 11. 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 shall 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. I PASSED, APPROVED, AND ADOPTED this 28th day of June, 2011. 051� P 9-;F, ATTEST: ACTINQ/CYF'WCLERK DATE: V <uo& - 17 . / STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF SANTA CLARITA 1, 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 28th day of June, 2011, by the following vote: AYES NOES ABSENT: COUNCILMEMBERS: Kellar, Ferry, Weste, McLean COUNCILMEMBERS: None COUNCILMEMBERS: Ender is ACTTCTI 1,Y CLERK I I STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA ss. CERTIFICATION OF CITY COUNCIL RESOLUTION 1, , Acting City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution 11 -65, adopted by the City Councilof the City of Santa Clarita, California on June 28, 201 lwhich is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this _ day of _, 20 City Clerk I By Deputy City Clerk I