Loading...
HomeMy WebLinkAbout2013-07-09 - RESOLUTIONS - APPRV ENGR RPRT/ANNEX VM LMD1 (2)RESOLUTION NO. 13-56 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 AND CREATION OF NEW ZONES IN LANDSCAPE MAINTENANCE DISTRJCT NOS. 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 (the "City") has initiated proceedings to annex various properties in the City into and create new Zones within Landscape Maintenance District (LMD) No. 1 (the "Annexation") 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) (the "Act") and in accordance with Article XIIID of the California Constitution and the Proposition 218 Omnibus hnplementation Act (commencing with Section 53750 of the California Government Code), to fund the costs of installation, servicing, and maintenance of landscaped improvements within public rights-of-way and dedicated landscape easements within various areas in the City; and WHEREAS, the boundaries of the proposed Annexations shall be as described on the ' map entitled "City of Santa Clarita Landscape Maintenance District No. 1 Zone 29 (Villa Metro)" presented to this Council and on file with the Special Districts Office and incorporated herein by reference; and WHEREAS,,the Assessment Engineer, Harris & Associates, has filed with the Special Districts Office and the City Clerk has presented to the City Council a report dated June 18, 2013 (the "Engineer's Report") regarding the proposed Annexations and containing the matters specified in Section 22586 of the Act; and WHEREAS, the Engineer's Report has been duly presented by the Special Districts Office for consideration and has been fully considered by the City Council; NOW THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows: SECTION 1. The above recitals are true and correct. SECTION 2. The Engineer's Report, including the plans, specifications, general descriptions, estimate of the cost of installation, servicing, and maintenance of landscaped improvements within public rights-of-way and dedicated landscape easements within various areas in the City (the "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. 1 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 LMD No. 1. The boundaries of the Annexation shall cover the real property benefited by the Improvements and are described on the map entitled "City of Santa Clarita Landscape Maintenance District No. I Zone 29 (Villa Metro)," on file with the Special Districts Office. The City Council hereby declares and finds the land within the boundaries of the Annexation to be specially benefited by the Improvements and/or the maintenance thereof. SECTION 4. The purpose of Annexation is 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 of benefit to the Property within the Annexation. All improvements and work to be funded by the Annexation shall be done in accordance with the Engineer's Report, on file in the Special Districts Office, 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 Annexation, the boundaries of the Annexation and the proposed assessments upon the assessable properties in the Annexation. SECTION 5. As set forth in the Engineer's Report, the maximum annual maintenance , assessment rates will be increased each subsequent Fiscal Year by the annual change in the Consumer Price Index (CPI), 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 beginning in FY 2014-15. SECTION 6. The City Council appoints August 27, 2013, 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 Annexation 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 Annexation or to said proposed assessments. SECTION 7. 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 2 r� 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 8. The City Council designates Darren Hernandez, Deputy City Manager/Director of Administrative Services, and his designees, to answer inquiries regarding the assessment proceedings; the assessments or the Annexation. The Engineer's Report and other written material about the Annexation may also be reviewed at the Special Districts' office, 23920 Valencia Boulevard, Santa Clarita, California, during regular business hours. SECTION 9. This Resolution shall take effect immediately. SECTION 10. The City Clerk shall certify to the passage and adoption of this Resolution; shall 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. PASSED, APPROVED AND ADOPTED this 9th day of July 2013 ATTEST: DATE:Z 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Armine Chaparyan, Interim 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 9th day of July 2013, by the following vote: AYES: COUNCILMEMBERS: McLean, Weste, Boydston, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Ferry