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HomeMy WebLinkAbout2012-06-26 - RESOLUTIONS - SMD 1 ANNEX PROCEEDINGS (2)RESOLUTION NO. 12-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX CERTAIN TERRITORY INTO SANTA CLARJTA STREETLIGHT MAINTENANCE DISTRICT NO. 1, AND TO LEVY ANNUAL ASSESSMENTS WITHIN THE ANNEXATION TERRITORY COMMENCING IN FISCAL YEAR 2012/2013 APPROVAL OF THE PRELIMINARY ENGINEER'S REPORT, AND SET A TIME AND PLACE FOR A PUBLIC HEARING THEREON WHEREAS, the City Council has, by previous Resolutions, formed and levied annual assessments for Streetlight Maintenance District No. I (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 through the District to pay for the annual maintenance and services of strcetlight and traffic si.-nal improvements and facilities related thereto that provide special benefits to the properties assessed; and, WHEREAS, the City Council has, by previous Resolution, initiated proceedings for the annexation of specific territory into the District (hereafter referred to as "Annexation No. L91 that was recently annexed to the City of Santa Clarita as part of a change of organization proceedings conducted by the Local Agency Formation Committee (LAFCO) designated as "City of Santa Clarita Annexation No. 2010-10 (Copperstone)"; and to levy and collect annual District assessments against lots and parcels of land within Annexation No. L-91 that will receive special benefit from the improvements to be provided by the District commencing in fiscal year 2012/2013); and, WHEREAS, the Assessment Engineer of Work has prepared and filed with the City Clerk an Engineer's Report (hereafter referred to as the "Report") in accordance with Chapter 4 Article 2 of the Act regarding the annexation of territory to the District designated as Annexation No. L91, and the levy of assessments therein commencing with fiscal year 2012/2013 (said fiscal year beginning July I � 2012 and ending June 30, 2013); in accordance with the Act and the provisions of the LAFCO proccedings; and said Report has been presented to the City Council; and, WHEREAS, at this time the City Council desires to declare its intention to annex to the District, the territory designate as Annexation No. 1-91 and to levy and collect annual assessments within Annexation No. 1-91 commencing in fiscal year 2012/2013 to provide for the costs and expenses necessary to pay for the maintenance, operation and servicing of the improvements (as defined in the Engineer's Report) for Annexation No. 1-9 1. 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, servicing and/or installation of all existing street lighting and appurtenant facilities located in public places within the boundaries of the District including Annexation No. 1-91. 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. 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. SECTION 3. Report of Assessment Engineer, The Engineer's Report as presented consists of the following: I -3a) A Description of the Improvements (Plans and Specifications); and, 3b) The Method of Apportionment that details the method of calculating the proportional special benefits and the annual assessment obligation for each affected parcel including a description of an "Assessment Range Formula" that provides for an annual inflationary adjustment to the maximum assessment rate; and, 3c) The estimated annual costs and expenses to provide the improvements (Budget) that establishes the proposed initial "Maximum Assessment Rate"; and, 3d) An Assessment Diagram (Boundary Map); and, 3e) An Assessment Roll containing the assessment to be levied for each Assessor Parcel Number within Zone 6 and the Annexation Territory based on the maximum assessment rate and method of apportionment described therein. SECTION 4. 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 Part D 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. 2 SECTION 5. Approval of Report and Diagram. The Engineer's Report and Assessment Diagi am contained therein are hereby approved on a preliminary basis as filed or amended by direction of this City Council and incorporated herein by this reference. Reference is made to such Report for a fall and detailed description of the improvements to be maintained, the boundaries ol'Annexation No. L-91 and the assessments upon assessable lots and pal -eels of land within the Annexation No. L-91. SECTION 6. Public Hearing. Notice is hereby given that the City Council will conduct a Public Hearing oil the matter of Annexation No. L-91 and the levy of assessments therein and the Public I-learingo is scheduled to be held at 23920 Valencia Boulevard, Suite 105, Santa Clarita, California on Jul), 10, 2012, at 6:00 p.m. All interested persons shall be afforded the opportunity to bear and be heard, The City Council shall consider all oral statements and all written communications made or filed by any interested persons in accordance with the Act. SECTION 7. Assessment Balloting Not Required. Pursuant to the provisions of the Cortese -Knox Local Government Reorganization Act of 1985 (California Government Code, §56000-57550) the "Reorganization Act", the proceedings conducted by LAFCO for annexation ofterritory to the City, said territory designated herein as Annexation No. L-91, the affected territory was detached from the County Road District No.5; withdrawn from County Lighting Maintenance District 1687, withdrawn from County Library System; and excluded from the County Lighting District LLA -I, and the City of Santa Clarita would assume responsibility for funding and providing the service. As such, the following special district assessments would be applied to the lots and parcels of land within the affected territory upon armexation: Open Space Preservation District; Stormwater Facility Maintenance District; Landscape Maintenance District; and as applicable to these proceedings, Streetlight Maintenance District No. 1. Based oil the opinion of the Office of the Attorney General as it relates to the provisions of the Reorganization Act and the imposition of assessments for the annexation territory, the property owner protest ballot proceedings prescribed in Article XIIID of the California Constitution is not required for the City to approve the City's existing SMD No. I assessments on the lots and parcels within Annexation No. L-91, as these assessments were approved as a condition of the annexation to the City. SECTION 8. Notice. The City Clerk is hereby directed to give notice of the Public Hearing- in accordance with Chapter I Article 3 ) of the Act by publishing notice of the hearing ill accordance with Section 6061 of the Government Code at least I 0 -days prior to the Public Hearing and by posting notice upon official bulletin boards customarily used for such hearings. SECTION 9. 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: Dennis Luppens City of Santa Clarita 23121 Valencia Boulevard, Suite 211 Santa Clarita, CA 91355 (661) 286-4005 3 SECTION 10. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 26th day of June 2012. MA ATTEST: Sliaa ? 6 -,- CITY CLERK 9 1// ��)' DATE I STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF SANTA CLARITA 1, Sarah P. Gorman, 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 26tb day of June 2012, by the following vote: AYES: COUNCILMEMBERS: Weste, Kellar, Boydston, McLean, Ferry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OFSANTA CLARITA CERTIFICATION OF CITY COUNCIL RESOLUTION 1, , City Clerk of the City of Santa Clarita, do hereby certif ' v that this is a true and correct copy of the original Resolution 12-48 adopted by the City Council of the City of Santa Clarita, California on June 26, 2012, which is now on file in nly o ft7i c e. Witness my hand and seal ofthe City of Santa Clarita, California, this _ day of 2012. ICity Clerk By Deputy City Clerk 11 5