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HomeMy WebLinkAbout2018-11-13 - RESOLUTIONS - APPROVING ENGR'S REPORT AND DECL INTENTION TO ORDE (2) RESOLUTION NO. 18-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING AN ENGINEER'S REPORT AND DECLARING ITS INTENTION TO ORDER THE MODIFICATION OF ASSESSMENTS FOR PARCELS WITHIN DESIGNATED AREAS OF THE CITY OF SANTA CLARITA LANDSCAPING AND LIGHTING DISTRICT, AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Santa Clarita (City) has initiated proceedings to establish new assessments (modify assessments) for parcels within designated areas of the City of Santa Clarita Landscaping and Lighting District (LLD), specifically Streetlight Maintenance District Zone A (SMDA) and Landscape Maintenance District (LMD) Zones 15, 27, 31 , 32, T3, T4, T20, T23, T23-1 , T23-2, T33, T46, T47, T65, T65A, T65B, T67, T68, T69, T71 , and T77 (LMD Zones) of the LLD 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, (Act) 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, to fund the continuing costs of installation, servicing and maintenance of improvements within public rights-of-way and dedicated easements within each respective zone; and WHEREAS, the parcels within SMDA and the designated LMD Zones of the LLD, have been designated as LLD Modification 2018-4; and WHEREAS, the boundaries of SMDA and the LMD Zones shall be as described on the maps previously presented to this Council and on file with the City Clerk and may be incorporated or referenced in the Engineer's Report connection with LLD Modification 2018-4, and those maps are incorporated herein by reference; and WHEREAS, the Assessment Engineer, Willdan Engineering, has filed with the City Clerk of the City and the City Clerk has presented to the City Council a report (Engineer's Report), regarding the proposed new assessments proposed for parcels within SMDA and the LMD Zones, containing the matters specified in Section 22586 of the Act; and WHEREAS, the Engineer's Report has been duly presented by the City Clerk for consideration and has been fully considered by the City Council. 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. 1 SECTION 2. That the public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the net annual special benefit costs and expenses for the installation, replacement, construction, maintenance, and/or servicing of the improvements and facilities for the above-referenced LLD. No new improvements or any substantial changes in existing improvements are proposed as a part of these proceedings. SECTION 3. The City Council hereby finds that the public interest, necessity, and convenience require the installation, servicing, and maintenance of the Improvements, and this City Council hereby declares its intention to modify assessments for parcels within designated areas of SMDA and LMD Zones within the LLD. The City Council hereby declares and finds the land within the boundaries of Modification No. 2018-4 to be specially benefited by the Improvements and said adjustments associated with SMDA and LMD Zones. SECTION 4. As set forth in the Engineer's Report, the new maximum annual assessment rates will be increased each subsequent fiscal year 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. The actual assessment to be levied in each fiscal year will be determined by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. If approved, the assessment will be levied beginning in Fiscal Year 2019-20. SECTION 5. The City Council hereby finds that the Engineer's Report sufficiently describes the proposed assessment modifications for parcels within designated areas of the City LLD, specifically SMDA and identified LMD Zones and the City Council hereby preliminarily approves, passes on, and adopts the Engineer's Report as submitted to the City Council and filed with the City Clerk. The preliminary report shall stand as the Engineer's Report for the purposes of all subsequent proceedings pursuant to this resolution of intention. SECTION 6. The City Council designates Darren Hernández, Deputy City Manager, and his designees, to answer inquiries regarding the assessment proceedings. The Engineer's Report concerning the assessment rate adjustment may also be reviewed at the office of the City Clerk, 23920 Valencia Boulevard, Santa Clarita, California, during regular business hours. SECTION 7. That pursuant to California Constitution Article XIIID, an assessment ballot proceeding is hereby called on the matter of confirming the proposed new assessments for the District. The ballots and notices so authorized shall be distributed by first class mail to the property owners of record as of the last County equalized roll, and each property owner may return the ballot by mail or in person to the City Clerk not later than the conclusion of the public hearing for this matter pursuant to the provisions of the California Constitution Article XIIID. SECTION 8. The City Council hereby appoints January 22, 2019, at 6:00 p.m., in the City of Santa Clarita, California, as the time, place, and date of the public hearing regarding the District, the Engineer's Report prepared and filed in connection with Santa Clarita LLD Modification 2018-4. At the hearing, the City Council shall hear and consider all discussion regarding the proposed assessments as described in the Engineer's Report. 2 SECTION 9. The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail notice of the public hearing and property owner protest ballot(s) to the subject property owner(s) regarding the proposed levy of assessments and the assessment range formula outlined in the Engineer's Report, pursuant to Article XIIID of the California Constitution and Government Code section 53753, for return receipt prior to the date and time of the public hearing set forth in this resolution. SECTION 10. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 13th day of November, 2018. MAYOR ATTEST: ,11/71/ktbalf-A_. CITY CLERK DATE: tf"?- L.% 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 18-70 was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 13th day of November, 2018, by the following vote: AYES: COUNCILMEMBERS: McLean, Kellar, Miranda, Weste NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Smyth 'K_„//1/YUNAiniele/ CITY CLERK 3