HomeMy WebLinkAbout2017-11-28 - RESOLUTIONS - BALLOT TABULATION RESULTS WASTEWATER CREATION - VI (2)RESOLUTION 17-100
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 THE CREATION OF THE VISTA CANYON
WASTEWATER STANDY ASSESSMENT DISTRICT, 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 (City) has initiated proceedings
to create the Vista Canyon Wastewater Standby Assessment District pursuant to the provisions of
the Uniform Standby Charges Procedures Act — Title 5, Division 2, Part 1 — Chapter 12.4 of the
California Government Code, and Article XIII D of the California Constitution, (Proposition 218),
the Proposition 218 Omnibus Implementation Act, to fund the costs of maintenance and operation
of a wastewater treatment and recycling facility which will treat 392,000 gallons per day (GPD)
and will generate 371,000 GPD of effluent to be recycle within the Vista Canyon Project; and
WHEREAS, the City Council did order and subsequently receive a report prepared by
Harris and Associates (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 creation of the Vista Canyon Wastewater Standby Assessment District 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 Vista
Canyon Project in accordance with the provisions of the Assessment Law; and
WHEREAS, notice of such public hearing accompanied by assessment ballots were
delivered to the record owners of property within the Vista Canyon Project 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 delivered as
required by Assessment Law to the record owners of all properties within the Vista Canyon
Project, 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 Vista Canyon Project 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 to maintain and
operate a wastewater treatment and recycling facility 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. Creation of the Vista Canyon Wastewater Standby Assessment District: The
City Council hereby orders the creation Vista Canyon Wastewater Standby Assessment District.
SECTION 6. 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 2018-19 and the annual assessment proposed to be imposed to pay
for the estimated costs of the maintenance of all the improvements to ultimately be maintained
upon the completion and acceptance 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.
The maximum assessments for the Vista Canyon Wastewater Standby Assessment
District contained in the Final Engineer's Report for Fiscal Year 2018-19 are hereby
confirmed. Subsequent annual assessments in amounts not to exceed the maximum annual
assessment of the estimated costs of the maintenance of all the improvements to ultimately be
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maintained upon the completion and acceptance 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 2018-19, the
maximum assessment shall be increased based on a methodology established in the Engineer
Report which has been designed in such a way that the Standby Charges will be replaced by a fee
based on usage (Service Charge), to ensure the annual costs of operations and maintenance are
funded, whether before or after development occurs, without further compliance with the
assessment ballot procedures required under the Assessment Law.
SECTION 7. 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 8. Filing with 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 9. This resolution shall take effect immediately.
SECTION 10. 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 28" day of November 2017.
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ATTEST:
CITY CLFRK
DATE: __ � On
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 No. 17-100 was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof held on the 2$u' day of November 2017, by the following vote:
AYES: COUNCILMEMBERS: Miranda, Weste, McLean, Kellar, Smyth
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
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