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HomeMy WebLinkAbout2018-10-23 - RESOLUTIONS - APPROVING THE FINAL ENGR'S REPORT PREPARED IN CONN (2)RESOLUTION 18-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING A FINAL ENGINEER'S REPORT PREPARED IN CONNECTION WITH THE ANNEXATION OF TERRITORY AND MODIFICATION OF SANTA CLARITA LANDSCAPE AND LIGHTING DISTRICT DESIGNATED AS ANNEXATION NO. 2018-3) ORDERING THE MODIFICATION OF SANTA CLARITA LANDSCAPE AND LIGHTING DISTRICT AS IDENTIFIED IN THE ENGINEER'S REPORT FOR ANNEXATION NO. 2018-3, INCLUDING THE BALLOTED ASSESSMENTS DESCRIBED THEREIN, AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Santa Clarita (City) has initiated proceedings relating to Santa Clarita Landscape and Lighting District (LLD) Annexation No. 2018-3 (LLD Annexation 2018-3) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (Act), and in accordance with Article XIIID of the California Constitution and the Proposition 218 Omnibus Implementation Act (Article XIIID), commencing with Section 53750 of the California Government Code (collectively, Assessment Law), to fund the costs of installation, servicing, and maintenance of streetlighting and/or landscaped improvements within public rights-of-way and dedicated landscape easements within the City; and WHEREAS, the City Council did order and subsequently receive an Engineer's Report prepared by the Assessment Engineer, Willdan Financial Services, 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 of territory and the levy of assessments in connection with LLD Annexation 2018-3, and did order that notice of such public hearing, accompanied by assessment ballots, be mailed to the record owners of property within LLD Annexation 2018-3, in accordance with the provisions of the Assessment Law; and WHEREAS, the City Council set the time and place for a public hearing to be held during a regular meeting of the Santa Clarita City Council, in City Hall Council Chambers, 23920 Valencia Boulevard, 1st Floor, Santa Clarita, California, on October 23, 2018, at 6:00 p.m. or as soon thereafter as the matter may be heard; and WHEREAS, notice of such public hearing accompanied by assessment ballots were delivered to the record owners of property within LLD Annexation 2018-3 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 1 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, California, does hereby resolve as follows: SECTION 1. The above recitals are true and correct. SECTION 2. The City Council hereby finds and determines that the procedures for the consideration of the annexation territory and levy of the assessments have been undertaken in accordance with the Assessment Law. SECTION 3. Assessment ballots were delivered, as required by Assessment Law, to the record owners of all properties within LLD Annexation 2018-3, 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, weighted in accordance with Assessment Law, submitted in favor of the levy of assessments, exceed the assessment ballots submitted in opposition to such levy, and therefore, a majority protest to the levy of assessments within LLD Annexation 2018-3 does not exist. SECTION 4. The Final Engineer's Report, including the plans, specifications, general descriptions, estimate of the cost of installation, servicing, and maintenance of the improvements and appurtenant facilities within public rights-of-way and dedicated easements within various areas in the City (Improvements) and incidental expenses in connection therewith, the assessment diagram(s) and the proposed assessments, is hereby approved as filed and incorporated herein by this reference. SECTION 5. The City Council hereby orders the annexation of parcels within LLD Annexation 2018-3 to the LLD, Streetlight Maintenance District Zone B (SMDB), as specified in the Final Engineer's Report. SECTION 6. 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 (FY) 2019-20 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: 2 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 SMDB maximum assessments established within the LLD for FY 2018-19 has been balloted as the SMDB maximum assessments for parcels within LLD Annexation 2018-3, and which are described in the Final Engineer's Report, are hereby confirmed. Each fiscal year after the base year, FY 2018-19, 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. Subsequent annual assessments in amounts that do not exceed the adjusted maximum annual assessments 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. SECTION 7. 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. 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. 3 PASSED, APPROVED AND ADOPTED this 23" day of October 2018. 1VIIA I V It ATTEST: DATE: 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 the foregoing Resolution No. 18-68 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 October 2018, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: Smyth, Miranda, Kellar, McLean, Weste None .i�TT= 0 CITY CLERK 1