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HomeMy WebLinkAbout2023-02-14 - AGENDA REPORTS - LLD ANNEX NO 2023 1 SOLEDADCYNO Agenda Item: 1 1. CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARINGS CITY MANAGER APPROVAL: �1 A11�44-1) DATE: February 14, 2023 SUBJECT: SANTA CLARITA LANDSCAPE AND LIGHTING DISTRICT ANNEXATION NO. 2023-1 (FORMER REALTY EXECUTIVES PROPERTY - SOLEDAD CANYON ROAD AT WHITES CANYON ROAD) - PUBLIC HEARING DEPARTMENT: Administrative Services PRESENTER: Kevin Tonoian RECOMMENDED ACTION City Council: 1. Conduct a public hearing, open, and tabulate ballots. 2. Adopt resolutions declaring the results of the property owner protest ballot proceeding and approving the annexation of Assessor Parcel Number 2803-030-046 into the Santa Clarita Streetlight Maintenance District, Zone B, if no majority protest exists, and order levies beginning Fiscal Year 2023-24. If a majority protest exists, no further action will be required. BACKGROUND On January 24, 2023, the City Council adopted procedural resolutions setting a public hearing for the annexation of a parcel into Streetlight Maintenance District (SMD) Zone B. A ballot and notice associated with SMD Annexation 2023-1 was sent to the individual affected property owner, with a Notice of Public Hearing published in The Signal newspaper on February 2, 2023. The SMD is responsible for funding operations of the 17,598 streetlights owned by and located throughout the City of Santa Clarita (City). The presence of the City's existing streetlight system confers a distinct and special benefit to the parcel identified for annexation into SMD Zone B. As part of this ballot process, the property owner of record at 19310 Soledad Canyon Road (Assessor Parcel Number 2803-030-046) will consider annexing into SMD Zone B and authorizing a maximum annual assessment currently set at $93.91 per equivalent benefit unit. Page 1 Packet Pg. 8 O The SMD is governed by the laws of the State of California, including the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highway Code commencing with Section 22500, and in accordance with Article XIII D of the California Constitution and the Proposition 218 Omnibus Implementation Act. The laws prescribe specific steps be followed to annex parcels into special districts, including the requirement for an assessment ballot process involving the owners of the parcels affected by the special district, and the scheduling of a public hearing. The process for annexing parcels into the City's SMD typically includes the preparation of an Engineer's Report and a 45-day noticing period in advance of holding a public hearing where ballots are opened and tabulated. In circumstances where an individual property owner desires to initiate proceedings, state law allows the City to memorialize annexation activity during approval of the annual levy of all special districts and provides the applicant with the ability to waive the 45-day noticing period. As part of the January 24, 2023, procedural action taken by the City Council which initiated annexation proceedings, the property owner elected to waive the required noticing period for the purpose of consenting to the annexation of territory into the SMD (see Attachment A). Property owner protest ballots received prior to the close of the February 14, 2023, public hearing will be opened and tabulated to determine whether a majority protest exists, as defined in Article XIII D of the California Constitution. A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. The recommended actions are in full compliance with the requirements of the Landscaping and Lighting Act of 1972 and the Proposition 218 Omnibus Implementation Act. Upon tabulation, should a majority protest among all parcel owners returning ballots not exist, the City Council will adopt a resolution approving and ordering the annexation of parcels into SMD Zone B commencing in Fiscal Year 2023-24. ALTERNATIVE ACTION Other direction as determined by the City Council. FISCAL IMPACT There is no fiscal impact to the General Fund associated with this action. Costs associated with the balloting process are borne by the applicant conditioned to annex into Streetlight Maintenance District, Zone B. Page 2 Packet Pg. 9 O ATTACHMENTS Annexation 2023-1v2 Public Hearing Notice SMD L100 PH Resolution 1 - Declaring Annexation 2023-1 Ballot Results SMD L100 PH Resolution 2 - Confirming Annexation 2023-1 Assessments Attachment A - L100 Executed Petition -Consent -Waiver Page 3 Packet Pg. 10 1.a CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita in the City Hall Council Chambers, 23920 Valencia Boulevard, first floor, Santa Clarita, California, on the 14th day of February 2023, at or after 6:00 p.m., to consider the City of Santa Clarita Streetlight Maintenance District Annexation No. 2023-1. The City Council, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Section 22500 through 22679 of the California Streets and Highways Code, and Article XIII D of the California Constitution (Proposition 218), the Proposition 218 Omnibus Implementation Act will take appropriate consideration and action. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the Administrative Services Department, 23920 Valencia Boulevard, Santa Clarita, CA 91355; (661) 290-2210, Kevin Tonoian, Special Districts Manager. If you wish to challenge this action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the public hearing. Dated: February 1, 2023 Mary Cusick, MMC City Clerk Publish Date: February 2, 2023 Packet Pg. 11 1.b RESOLUTION NO. 23- 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 STREETLIGHT MAINTENANCE DISTRICT (SMD), BEING ZONE B OF THE SANA CLARITA LANDSCAPE AND LIGHTING DISTRICT, DESIGNATED AS ANNEXATION NO. 2023-1, COMMENCING FISCAL YEAR 2023-24, AND APPROVING CERTAIN RELATED ACTIONS WHEREAS, on January 24, 2023, the City Council of the City of Santa Clarita (City) initiated proceedings for the annexation of territory into the Santa Clarita Streetlight z Maintenance District (SMD), being Street Lighting Zone B of the Santa Clarita Landscape and w Lighting District (SMD Zone B) such annex parcels being designated as SMD Annexation No. a 2023-1, 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 a z substantive and procedural requirements of Article XIIID, section 4, of the California J Constitution and the Proposition 218 Omnibus Implementation Act (Article XIIID), being Government Code section 53750 et seq., (collectively, Assessment Law); and a� WHEREAS, on January 24, 2023, the City Council adopted Resolution No. 23-2 declaringits intention to annex the territory designated as SMD Annexation 2023-1 and calling o rY g � g � for a property owner ballot protest proceeding for the proposed assessments to be levied and 00 T collected commencing in Fiscal Year (FY) 2023-24 within SMD Annexation 2023-1, in N accordance with the provisions of the Assessment Law; and N WHEREAS, the Assessment Engineer, Willdan Engineering, has previously filed with the City Clerk of the City and presented on June 28, 2022, to the City Council for approval, the Fiscal Year 2022-2023 Santa Clarita Landscape and Lighting District Engineer's Report (Approved Engineer's Report) containing the matters specified in Section 22586 of the Act; and WHEREAS, pursuant to Resolution No. 23-2, 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 2023-1, maintenance and servicing of the improvements, and the assessments proposed to be levied on parcels of land within SMD Annexation 2023-1; 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 2023-1, for the purpose of presenting to the qualified property owners within SMD Annexation 2023-1, 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 and identified the initial maximum assessment rate for FY 2023-24, the proportional assessment amount balloted for each benefiting property as well as the annual inflationary adjustment Page 1 of 3 Packet Pg. 12 1.b 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 Annual Levy of Special Districts Engineer's Report for Fiscal Year 2022-23, dated June 28, 2022; and WHEREAS, the owners of record of identified parcels within the District as of the close of the public hearing held on February 14, 2023, 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 2023-1 was conducted o z pursuant to the provisions of the Assessment Law, with ballots presented to the affected property J owner(s) for receipt by the City Clerk prior to the conclusion of the public hearing on February 14, 2023, 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 o p P y P � conducted by the City Clerk or their designee, with all valid protest ballots returned by the 00 T affected property owners being counted and confirmed. Whereas, the landowner(s) of record N within SMD Annexation 2023-1, as of the close of the public hearing held on February 14, 2023, N did cast their ballots, weighted by the proportional financial obligation of each ballot, the results o of which is illustrated below: Weighted value of assessment ballots submitted, and not $ withdrawn, in favor of the proposed assessment Weighted value of assessment ballots submitted, and not $ withdrawn, in opposition to the proposed assessment Total valid assessment ballots submitted and not withdrawn $ 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. Page 2 of 3 Packet Pg. 13 1.b PASSED, APPROVED AND ADOPTED this 141h day of February 2023. MAYOR 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. 23- was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 141h day of February, 2023, by the following vote: AYES: COUNCIL,MEMBERS: NOES: COUNCIL,MEMBERS: ABSENT: COUNCIL,MEMBERS: Page 3 of 3 CITY CLERK Packet Pg. 14 1.c RESOLUTION NO. 23- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ORDERING THE MODIFICATION OF SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT (SMD), BEING ZONE B OF THE SANTA CLARITA LANDSCAPE AND LIGHTING DISTRICT FOR ANNEXATION NO. 2023-1, 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 Streetlight Maintenance District (SMD), being Street Lighting Zone B of the Santa Clarita Landscape and Lighting District (SMD Zone B), Annexation No. 2023-1 (SMD Annexation 2023-1) 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 221 Omnibus Implementation Act (Article XIIID), commencing with Section 51750 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 set the time and place for a public hearing to consider the annexation of territory and the levy of assessments in connection with SMD Annexation 2023-1, and did order that notice of such public hearing, accompanied by assessment ballots, be mailed to the record owners of property within SMD Annexation 2023-1, 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 February 14, 2023, 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 SMD Annexation 2023-1 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, 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. Page 1 of 3 Packet Pg. 15 1.c 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 SMD Annexation 2023-1, 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 SMD Annexation 2023-1 does not exist. SECTION 4. The City Council hereby orders the annexation of parcels within SMD Annexation 2023-1 to the SMD Zone B. SECTION 5. Based upon 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) 2023-24 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 established within the SMD for FY 2022-23 has been balloted as the maximum assessments for parcels within SMD Annexation 2023-1 are hereby confirmed. Each fiscal year after the base year, FY 2023-24, 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, Long Beach, and Anaheim 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 may be subsequently confirmed and levied without further assessment ballot proceedings, pursuant to the Assessment Law. Page 2 of 3 Packet Pg. 16 1.c SECTION 6. The public interest and convenience require, and this legislative body does hereby order, the maintenance work to be made and performed. SECTION 7. This resolution shall take effect immediately. SECTION 8. 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 141h day of February 2023. MAYOR 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. 23- was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof held on the 141h day of February 2023, by the following vote: AYES: COUNCIL,MEMBERS: NOES: COUNCIL,MEMBERS: ABSENT: COUNCILMEMBERS: Page 3 of 3 CITY CLERK Packet Pg. 17 ATTACHMENT A 1.d PETITION, CONSENT AND WAIVER A PETITION, CONSENT AND WAIVER TO THE CITY COUNCIL OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FOR THE ANNEXATION OF PROPERTY LOCATED AT 19310 SOLEDAD CANYON ROAD INTO THE SANTA CLARITA LANDSCAPE AND LIGHTING DISTRICT, PURSUANT TO APPLICABLE PORTIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 BEING PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA WITNESSETH: A. WHEREAS, the petitioner, 19310 Soledad Canyon Investments, LLC (hereinafter referred to as the "Owner"), is the sole owner of that certain real property (hereinafter referred to as the "Property") located in the City of Santa Clarita, State of California, (hereinafter referred to as the "City") more particularly described as follows: Property Description: 19310 Soledad Canyon Road is located on the south/west corner of Soledad Canyon Road and Whites Canyon Road. The property is comprised of the following Assessor Parcel Number: Assessor Parcel Numbers: 2803-030-46 B. WHEREAS, the Owner is developing the Property as a restaurant within the City, (hereinafter referred to as the "Project"); and C. WHEREAS, the Project directly benefits from existing street lighting improvements on streets utilized to access the Property and/or as conditions of development require the installation of street light improvements to be installed by the Owner or on behalf of the Owner to a standard acceptable to the City (hereinafter referred to collectively as "Improvements"); and D. WHEREAS, as a condition established for the development of the Property for the specific benefit of said Property, the Owner and/or successors of interest is required to annex the parcel into the City's Street Light Maintenance District (SMD), being Street Lighting Zone B of the Santa Clarita Landscape and Lighting District, and E. WHEREAS, pursuant to applicable portions of the "Landscaping and Lighting Act of 1972", being Part 2 of Division 15 of the Streets and Highways Code of the State of California (" 1972 Act"), the City may annex territory into a district to provide for the continued maintenance of the Improvements, and for the payment of the costs and expenses incurred for such maintenance; and F. WHEREAS, the Right to Vote on Taxes Act, which added Articles XIII C and XIII D to the California Constitution (hereinafter referred to as the "Constitutional Provisions") requires among other things that all new assessments must comply with the Constitutional Provisions; and G. WHEREAS, the Constitutional Provisions also requires that the City conduct a public Packet Pg. 18 1.d hearing not less than forty -five -days (45 days) after mailing a notice of the proposed assessment along with an assessment ballot to record owners of each parcel which will have a special benefit conferred upon them and upon which an assessment will be imposed; and H. WHEREAS, the California Civil Code, Section 3513, allows anyone to waive the advantage of a law intended solely for their benefit; and I. WHEREAS, the forty -five-day period before the conduct of the public hearing is not established for a public reason but is solely for the advantage of the parcels having a special benefit conferred upon them and which an assessment will be imposed; and J. WHEREAS, the proposed assessments upon the Property and associated parcels within the Project will be for the special benefit to be received by the Property and associated parcels within the Project from the Improvements; and K. WHEREAS, the Owner of this Property is the sole owner or authorized representative the owners of such real property identified as Assessor Parcel Number 2803-030-046 that will be benefited by the Improvements, and the maintenance, operation, and servicing thereof, and L. WHEREAS, the Constitutional Provisions do not prohibit a waiver of the forty-five day noticing period. NOW, THEREFORE, in furtherance of the foregoing recitals, the Owner does hereby petition the City as follows: 1. In order to assure the continued maintenance, operation, and servicing of the Improvements, and the payment of the cost and expenses incurred for such maintenance, the Owner hereby requests that the City annex the Property referenced in Paragraph A of the recitals herein above into the Santa Clarita Landscape and Lighting District ("District") pursuant to the 1972 Act. 2. The Owner acknowledges that the Property referenced in Paragraph A of the recitals herein above, incorporates and represents all the parcels to be annexed into the District at this time and that the total annual assessment for the Improvements shall be apportioned and applied to the Property in accordance with the benefits received. 3. As the Owner of the Property referenced in Paragraph A of the recitals herein above to be annexed into the District, the Owner hereby waives all statutory notices of hearings and rights of majority protests by interested property owners in the proposed annexation per Section 22608 of the 1972 Act. 4. As the Owner of the Property referenced in Paragraph A of the recitals herein above, which will receive a special benefit from the Improvements and is proposed to be assessed for the special benefit, the Owner hereby waives all statutory notice periods per the Constitutional Provisions. 5. In consideration of the approval of the annexation by the City, the Owner hereby proposes as follows: a. To consent to the annexation of territory into the District; Packet Pg. 19 1.d b. To consent to, and cast a ballot authorizing the levy of assessments against the Property in an amount reasonably determined by the City to cover all costs and expenses incurred for the continued maintenance, and operation, of the Improvements; and c. To pay the assessments levied against the Property. OWNER: 19310 Soledad Canyon Investments, LLC 930 Tahoe Blvd., #802-744 Incline ge, NV 89451 Signature Date: 5' SIGNATURE(S) TO BE NOTORIZED State of Nevada County of Washoe Bradley Mindlin (Type or Print Name of Representative) 19310 Soledad Canyon Investments, LLC This instrument was acknowledged before me on January 5th, 2023 by Bradley Mindlin as manager of 19310 Soledad Canyon Investments. LLC. r ERIN TAMRA or-Z Notary Puhlic-State of Nevada Notary Signature APPT. NO.21-3161-02 MV APpt. Exp rest 1.1 A-2426 Packet Pg. 20