HomeMy WebLinkAbout2015-01-13 - RESOLUTIONS - BALLOT TAB LMD1 ZONE 30 PENLON (2)RESOLUTION NO. 15-02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA, CALIFORNIA,
DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION,
APPROVING A FINAL ENGINEER'S REPORT, ORDERING ANNEXATIONS
INTO LANDSCAPE MAINTENANCE DISTRICT NO. 1, PROVIDING FOR THE
LEVY AND COLLECTION OF THE ANNUAL ASSESSMENTS THEREIN, 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 properties in the City into Zone 30 (Penton) 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) and in accordance with Article XIIID of
the California Constitution and the Proposition 218 Omnibus Implementation Act (commencing
with Section 53750 of the California Government Code) (collectively the "Assessment Law"), to
fund the costs of installation, servicing, and maintenance of landscaped improvements within
public rights-of-way and dedicated landscape easements within the City; and
WHEREAS, the City Council did order and subsequently receive a report prepared by
' Harris & Associates (the "Assessment Engineer"), prepared in accordance with the Assessment
Law; and
WHEREAS, the City Council did set the time and place for a Public Hearing to consider
the Annexation and to authorize the annual levy of assessments therein, and did order that notice
of such Public Hearing, accompanied by assessment ballots, be given to the record owners of
property within the proposed Annexation in accordance with the provisions of the Assessment
Law; and
WHEREAS, notice of such Public Hearing accompanied by assessment ballots were
mailed to the record owners of property within the proposed Annexation in accordance with the
provisions of the Assessment Law; and
WHEREAS, the City Council considered all oral and written statements, protests, and
communications made or filed by any interested persons; and
WHEREAS, a Final Engineer's Report has been duly presented by the City Clerk for
consideration and has been fully considered by the City Council; and
WHEREAS, following conclusion of the Public Hearing, assessment ballots received by
the City were tabulated by the City Clerk, and a majority protest did not exist;
NOW THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as
follows:
SECTION 1. Recitals. The above recitals are true and correct. '
SECTION 2. Procedures. The City Council hereby finds and determines that the
procedures for the consideration of the levy of the assessments have been undertaken in
accordance with the Assessment Law.
SECTION 3. Assessment Ballot Procedures. Assessment ballots were mailed as
required by Assessment Law to the record owners of all properties within the Annexation, which
are proposed to be assessed. The assessment ballots that were completed and received by the
City Clerk prior to the close of the Public Hearing have been tabulated in accordance with the
procedures established by Assessment Law and the City Council, and the results of such
tabulation have been submitted to the City Council.
The City Council hereby finds that the assessment ballots submitted in favor of the levy
of assessments, as weighted in accordance with Assessment Law, exceed the assessment ballots
submitted in opposition to such levy, also as weighted in accordance with Assessment Law;
therefore, no majority protest to the levy of assessments within the Annexation has been found to
exist.
SECTION 4. Approval of Final Engineer's Report. The Final Engineer's Report,
including the plans, specifications, general descriptions, estimate of the cost of installation,
servicing, and maintenance of landscaped and appurtenant 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.
SECTION 5. Annexation of Territorv. The City Council hereby orders the Annexation.
SECTION 6. Creation of LMD Assessment Zones. The City Council hereby orders the
creation of LIVID Assessment Zone No. 30 (Penton).
SECTION 7. Determination and Confirmation. Based upon the Final Engineer's Report
and the testimony and other evidence presented at the Public Hearing, the City Council hereby
makes the following determinations regarding the assessments proposed to be imposed
commencing with Fiscal Year 2015-16 and the maximum annual assessment proposed to be
imposed to pay for the estimated costs of the maintenance of all of the improvements to
ultimately be maintained upon the completion and acceptance of thereof:
a. The proportionate special benefit derived by each parcel assessed has been
determined in relationship to the entirety of the cost of the operations and
maintenance expenses.
b. The assessments do not exceed the reasonable cost of the proportional special benefit
conferred on each parcel.
c. Only the special benefits have been assessed.
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The maximum assessments for the Annexation contained in the Final Engineer's Report
for Fiscal Year 2015-16 are hereby confirmed. Subsequent annual assessments in amounts not to
exceed the maximum annual assessment of the estimated costs of the maintenance of all of the
improvements to ultimately be maintained upon the completion and acceptance of thereof as set
forth in the Final Engineer's Report may be subsequently confirmed and levied without further
assessment ballot proceedings pursuant to the Assessment Law. Each fiscal year after the base
year (Fiscal Year 2015-16), the maximum assessment shall be increased 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)
without further compliance with the assessment ballot procedures required under the Assessment
Law.
SECTION 8. Orderine of Maintenance. The public interest and convenience requires,
and this legislative body does hereby order the maintenance work to be made and performed as
said maintenance work is set forth in the Final Engineer's Report.
SECTION 9. Filingwith Secretary. The above -referenced diagram and assessment shall
be filed in the Special Districts' office. Said diagram and assessment, and the certified copy
thereof, shall be open for public inspection.
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 make a minute
of the passage and adoption thereof in the records of the proceedings of the City Council in the
minutes of the meeting at which the same is presented.
PASSED, APPROVED, AND ADOPTED this 13th day of January 2015.
DATE: I /� J /5
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Resolution No. 15-02 was duly adopted by the City Council of the City of Santa
Clarita at a regular meeting thereof, held on the 13th day of January 2015, by the following vote:
AYES: COUNCILMEMBERS: Acosta, Kellar, Boydston, Weste, McLean
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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