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HomeMy WebLinkAbout2015-06-23 - RESOLUTIONS - BALLOT TAB ANNEX L-94 (2)RESOLUTION NO. 15-51 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION FOR ANNEXATION L-94, ANNEXING PARCELS INTO THE CITY OF SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1, ORDERING MAINTENANCE WORK THEREIN, CONFIRMING THE DIAGRAMS AND ASSESSMENTS, AND PROVIDING FOR THE LEVY AND COLLECTION OF THE ANNUAL ASSESSMENTS THEREIN WHEREAS, the City Council of the City of Santa Clarita, California, has initiated proceedings for the annexation of parcels and levy of annual assessments into a special maintenance district created pursuant to the terms of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California (Landscaping Act), Article XIIID of the Constitution of the State of California (Article XIIID) and Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (Implementation Act). The Landscaping Act, Article XIIID, and the Implementation Act may be referred to collectively herein as the Assessment Law. Such special maintenance district is known and designated as the City of Santa Clarita Streetlight Maintenance District No. 1, (District) Annexation L-94, (Annexation); and WHEREAS, the City Council did order and subsequently receive a report prepared by ' Willdan Financial Services (Engineer) prepared in accordance with the Assessment Law the Assessment Engineer's Report (Engineer's Report); and WHEREAS, the City Council did set the time and place for a Public Hearing to consider the annexation of parcels into the District and the authorization to levy annual 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. 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. 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 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 fords 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. Annexation of Parcels. The City Council hereby orders the Annexation. SECTION 5. Determination and Confirmation. Based upon the 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 for Fiscal Year 2015-16 and the maximum annual assessments 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. I c. Only the special benefits have been assessed. The maximum assessments for the Annexation contained in the 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 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 Consumer Price Index, (CPI) for all Urban Consumers, Los Angeles, Orange, and Riverside County areas without further compliance with the assessment ballot procedures required under the Assessment Law. SECTION 6. Ordering 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 7. Filing with City Clerk. The above -referenced diagrams and assessments shall be filed in the Special Districts Office. Said diagrams and assessments, and the certified copy thereof, shall be open for public inspection. SECTION 8. Filing with the County Auditor. The City Clerk is hereby ordered and , directed to cause the assessments as approved by this resolution to be filed with the County Auditor along with and in the same manner as all other assessments filed for the City of Santa Clarita Streetlight Maintenance District No. 1, including any diagrams, resolutions, or other documentation required by the County for the submittal of such assessments, on or before the date set by the County Auditor for the submittal of the Fiscal Year 2015-16 assessments. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 23rd day of June 2015. ✓//. _. W ATTEST: DATE: 7 1 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 was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 23`d day of June 2015, by the following vote: AYES: COUNCILMEMBERS: Weste, Acosta, Kellar, Boydston, McLean NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 1