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Home My WebLink About2017-06-13 - RESOLUTIONS - LANDSCAPE AND LIGHTING ACT OF 1972 (4)RESOLUTION NO. 17-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACTOF 1972, ORDERING THE CONSOLIDATION OF STREETLIGHT MAINTENANCE DISTRICT NO. 1, LANDSCAPE MAINTENANCE DISTRICT NO. 1, AND LANDSCAPE MAINTENANCE DISTRICT NO. T1 INTO THE SANTA CLARITA LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2017- 18; APPROVING THE ENGINEER'S REPORT INCLUDING THE DIAGRAMS, IMPROVEMENTS, AND ASSESSMENTS CONNECTED THEREWITH; OVERRULING ALL PROTESTS CONCERNING THE ASSESSMENTS; AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR ZONES T23 AND T23A WITHIN THE DISTRICT, FOR FISCAL YEAR 2017-18 WHEREAS, the City Council of Santa Clarita, California (City Council), pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California (Act), being the legislative body for Santa Clarita's Streetlight Maintenance District No. 1; and Landscape Maintenance District Nos. 1, and T-1 (Existing Districts) inclusive of Landscaping Zone Nos. T23 and T23A, (Benefit Zones), pursuant to Chapter 2, Article 2, Section 22605 of the Act, may order the consolidation into a single assessment district two or more existing assessment districts formed pursuant to the Act; and WHEREAS, the City Council, pursuant to the provisions of the Act, did by Resolution initiate proceedings and declared its intent to consolidate the Existing Districts including the designated Benefit Zones into a single assessment district for Fiscal Year (FY) 2017-18 to be designated as the "Santa Clarita Landscaping and Lighting District" (Consolidated District); and for the levy and collection of assessments within the Consolidated District inclusive of the designated Benefit Zones for FY 2017-18, for the purposes provided therefore in the Act; and WHEREAS, the City Council by such Resolution, ordered the designated Engineer of Work, Willdan Financial Services (Engineer), to prepare and file an Engineer's Report in accordance with Chapter 1, Article 4, of the Act, commencing with Section 22565, in connection with the proposed levy and collection of assessments for the Santa Clarita Landscaping and Lighting District inclusive of the designated Benefit Zones for FY 2017-18 commencing July 1, 2017 and ending June 30, 2018; and WHEREAS, the Engineer has prepared and filed with the City Clerk and the City Clerk has presented to the City Council the Engineer's Report entitled "City of Santa Clarita Engineer's Report, Santa Clarita Landscaping and Lighting District, Fiscal Year 2017/2018" (Report); and WHEREAS, after fully considering the Report as presented on May 23, 2017, by Resolution the City Council preliminarily approved the Report for the designated Benefit Zones within the Consolidated District, being satisfied with each and all of the diagrams, items and documents as set forth therein; that the levy of assessments are spread in accordance with the special benefits received from the improvements, operation, maintenance, and services to be performed; that the assessments as set forth in said Report do not constitute new or increased assessments pursuant to the provisions of Article XIIID of the California State Constitution (State Constitution) often referred to as Proposition 218 or the Right to Vote on Taxes Act; and by the same Resolution, the City Council declared its intention to levy and collect assessments within the Consolidated District for the deignated Benefit Zones for FY 2017-18; and set the Public Hearing on these matters for June 13, 2017, at 6:00 p.m.; and WHEREAS, the City Clerk caused Notice of the Public Hearing to be given in the manner provided by applicable law; and WHEREAS, on June 13, 2017, the City Council held a duly noticed Public Hearing to consider all oral statements and all written protests and communication made or filed by any interested person concerning the proposed assessments in the Consolidated District for FY 2017- 18; and NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Recitals: That the above recitals are all true and correct. SECTION 2. Report Content: The Report as presented to the City Council consists of the following: a. Plans and specifications describing the general nature, location, and extent of the improvements to be maintained, which incorporate the installation, replacement, construction, maintenance, and/or servicing of any authorized improvements under the Act, including, but not limited to streetlighting, traffic signals, landscape and irrigation improvements, and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. b. An estimate of the cost of the operation, maintenance, and/or servicing of the improvements for the designated Benefit Zones within the Consolidated District for the referenced fiscal year. c. Diagrams for the designated Benefit Zones within the Consolidated District. d. An assessment of the estimated costs of the operation, maintenance, and/or servicing, of the improvements, assessing the net amount upon all assessable lots and/or parcels within the designated Benefit Zones in the Consolidated District in proportion to the special benefits received. C SECTION 3. Public Hearing: Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving and or amending the Report prepared in connection therewith; the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons. SECTION 4. Protest Findings: The assessments as set forth in the Report and proposed to be levied for FY 2017-18 do not constitute new or increased assessments pursuant to the provisions of the State Constitution. As such, after considering all written protests, evidence presented or filed, and all public testimony presented at the Public Hearing, the City Council finds that majority protest of the assessments does not exist, and the City Council herby overrules all protests regarding the assessments for the designated Benefit Zones of the Consolidated District. SECTION 5. Report Approval: The City Council hereby finds that the Report as submitted incorporates all modifications previously directed and ordered by the City Council (if any), and does hereby reference said Report for the amount of the assessments for the designated Benefit Zones of the Consolidated District, the boundaries of such Benefit Zones, description of improvements, and the methods of assessment, and further hereby approves and adopts said Report as the Final Engineer's Report for FY 2017-18, and orders the Report to be filed in the office of the Clerk of the City Council as a permanent record and to remain open to public inspection. SECTION 6. Order Assessments: The City Council hereby approves the FY 2017-18 assessments described in the Report for the designated Benefit Zones of the Consolidated District and herby orders and directs staff to file said assessments with the County Auditor for collection with the regular property taxes for FY 2017-18. SECTION 7. Adoption of Resolution: The City Clerk shall certify to the the passage and adoption of this Resolution. SECTION 8. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Resolution and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional. Additionally, if any section, subsection, sentence, clause, phrase, portion, zone, or subzone of the Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Report and each section, subsection, subdivision, sentence, clause, phrase, portion, zone, or subzone thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, zones, or subzones might subsequently be declared invalid or unconstitutional. PASSED, APPROVED, AND ADOPTED this 13th day of June 2017. MAYOR ATTEST: CITY CLERK DATE: 0H 3, 2 o 11 -T STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that foregoing Resolution 17-56 was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 13th day of June 2017, by the following vote: AYES: COUNCILMEMBERS: McLean, Kellar, Miranda, Smyth NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RECUSE: COUNCILMEMBERS: Weste 4 CITY CLERK F-�