HomeMy WebLinkAbout2021-09-14 - RESOLUTIONS - LLD ANNEX ZONE B ELECTION (2)RESOLUTION NO.21-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
CLARITA, CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY
OWNER PROTEST BALLOT PROCEEDING CONDUCTED FOR THE LEVY OF
ASSESSMENTS RELATED TO THE ANNEXATION OF TERRITORY AND
MODIFICATION OF SANTA CLARITA LANDSCAPE AND LIGHTING
DISTRICT DESIGNATED AS ANNEXATION NO.2021-1, COMMENCING
FISCAL YEAR 2022-23, AND APPROVING CERTAIN RELATED ACTIONS
WHEREAS, on June 22, 2021, the City Council of the City of Santa Clarita (City)
initiated proceedings for the annexation of territory into Streetlight Maintenance District (SMD)
Zone B of the Santa Clarita Landscaping and Lighting District (District), such annex parcels
being designated as SMD Annexation No. 2021-1, and directing the preparation and filing of an
Assessment Engineer's Report pursuant to the provisions of the Landscaping and Lighting Act of
1972 being Part 2, Division 15 of the California Streets and Highways Code (Act), and in
compliance with the substantive and procedural requirements of Article XIIID, section 4, of the
California Constitution and the Proposition 218 Omnibus Implementation Act (Article XIIID),
being Government Code section 53750 et seq., (collectively, Assessment Law); and
WHEREAS, the City Council did receive an Assessment Engineer's Report (Engineer's
Report) prepared by the Assessment Engineer, Willdan Financial Services, in accordance with
the Assessment Law; and
WHEREAS, on June 22, 2021, the City Council adopted Resolution No. 21-29 declaring
its intention to annex the territory designated as SMD Annexation 2021-1, preliminarily
approving the Engineer's Report, and calling for a property owner ballot protest proceeding for
the proposed assessments to be levied and collected commencing in Fiscal Year (FY) 2022-23
within SMD Annexation 2021-1, in accordance with the provisions of the Assessment Law; and
WHEREAS, the Engineer's Report has been made a part of the record of these
proceedings and is on file in the office of the City Clerk; and
WHEREAS, pursuant to Resolution No. 21-29, the City Council; (a) set the time and
place for conducting a public hearing for the purpose of hearing property owner protests to the
proposed annexation of the parcels within SMD Annexation 2021-1, maintenance and servicing
of the improvements, and the assessments proposed to be levied on parcels of land within SMD,
Annexation 2021-1; and. (b) ordered that the record owner of each parcel proposed to be assessed
have the right to submit an assessment ballot in favor of, or in opposition to, the annexation to
the SMD and the assessment proposed to be levied on such parcel; and
WHEREAS, in accordance with the Assessment Law, the City Council duly held a
property owner ballot protest proceeding for SMD Annexation 2021-1, for the purpose of
presenting to the qualified property owners within SMD Annexation 2021-1, the annual levy of
assessments for the improvements connected therewith. The annual levy of assessments, as
presented to the affected property owners of record in this ballot protest proceeding, included
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and identified the initial maximum assessment rate for FY 2021-22, the proportional assessment
amount balloted for each benefiting property as well as the annual inflationary adjustment
applicable to future assessments and the total amount balloted for the District. These assessments
as presented are intended to fund in whole, or in part, the special benefit costs and expenses
related to the ongoing maintenance, operation and servicing of the improvements, and
appurtenant facilities related thereto and as more fully described, in the Engineer's Report; and
WHEREAS, the owners of record of identified parcels within the District as of the close
of the public hearing held on September 14, 2021, did cast their ballots, weighted by the
proportional financial obligation of each property for which a ballot was submitted and not
withdrawn.
NOW THEREFORE, the City Council of the City of Santa Clarita, California, does
hereby resolve as follows:
SECTION 1. That the above recitals are true and correct.
SECTION 2. The ballot protest proceedings for SMD Annexation 2021-1 was conducted
pursuant to the provisions of the Assessment Law, with ballots presented to the affected property
owner(s) for receipt by the City Clerk prior to the conclusion of the public hearing on
September 14, 2021, with each ballot weighted according to the proportional financial obligation
of the affected property.
SECTION 3. The tabulation and canvass of the property owner protest ballots was
conducted by the City Clerk or their designee, with all valid protest ballots returned by the
affected property owners being counted and .confirmed. Whereas, the landowner(s) of record
within SMD Annexation 2021-1, as of the close of the public hearing held on September 14,
2021, did cast their ballots, weighted by the proportional financial obligation of each ballot, the
results of which is illustrated below:
Weighted value of assessment ballots submitted, and not $39,248.64
withdrawn, in favor of the proposed assessment
Weighted value of assessment ballots submitted, and not $9,418.17
withdrawn,, in opposition to the proposed assessment
Total valid assessment ballots submitted and not withdrawn $48,666.81
SECTION 4. The City Clerk is hereby directed to enter this resolution into the minutes of
the City Council, which shall constitute the official declaration of the results of such property
owner ballot protest proceeding.
SECTION 5. This resolution shall become effective immediately upon its adoption and
the City Clerk shall certify the adoption of this resolution. 7
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PASSED, APPROVED AND ADOPTED this 14th day of September 20 1.
AYOR
ATTEST:
CITY CLERK
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. 21-54 was duly adopted by the City Council of the City of Santa
Clarita at a regular meeting thereof, held on the 141h day of September, 2021, by the following
vote:
AYES: COUNCILMEMBERS: Gibbs, Weste, Smyth, McLean, Miranda
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
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