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HomeMy WebLinkAbout2024-01-09 - RESOLUTIONS - DBAA 2023-1 INTENTRESOLUTION NO. 24-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING THE CITY' S INTENTION TO FORM DRAINAGE BENEFIT ASSESSMENT AREA NO. 2023-1, LEVY ASSESSMENTS, PRELIMINARILY APPROVING AN ENGINEER'S REPORT, AND CALLING FOR A PROPERTY OWNER PROTEST PROCEEDING TO SUBMIT TO THE QUALIFIED PROPERTY OWNERS THE QUESTION OF LEVYING SUCH ASSESSMENTS FOR SAID FORMATION PURSUANT TO THE PROVISIONS OF THE CALIFORNIA CONSTITUTION, ARTICLE XIIID WHEREAS, the City Council of the City of Santa Clarita (City) has initiated proceedings to form Drainage Benefit Assessment Area No. 2023-1(DBAA 2023-1); pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California commencing with Section 54703 (Act) to fund the costs of servicing and maintenance of improvements within the newly formed drainage areas; and WHEREAS, the proposed newly formed district be designated as DBAA 2023-1; and WHEREAS, the boundary of DBAA 2023-1 shall be as described on the maps previously presented to this City Council and on file with the City Clerk, and are proposed to include the map presented in the Engineer's Report and additional maps on file with the City provided by the developer in connection with DBAA 2023-1; and WHEREAS, the Assessment Engineer, Willdan, 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 formation of DBAA 2023-1. Section 54710 of the Government Code section outlines the rules and regulation 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. Engineer's Report, Content: The Engineer's Report, as presented, consists of the following: The Plans and Specifications which describe the boundaries of DBAA 2023-1, and the improvements associated therewith that provide special benefits to the parcels therein. The Method of Apportionment details the method of calculating proportional special benefit and the annual assessment obligation for each affected parcel. The Estimate of Improvement Costs including the calculation of the assessments and the estimated annual funding (Budget) required for the annual maintenance, servicing, and operation of drainage improvements and specifically the costs associated with the improvements Page 1 of 4 determined to be of special benefit to parcels within the Annexation Territory establishing the proposed maximum assessment. ^I The proposed maximum assessments shall be presented to the property owner(s) of record in a protest ballot proceeding pursuant to the California Constitution Article XIIID. A formation diagram outlining the boundaries of the annexation territory. An assessment roll containing the maximum assessments and proposed assessments as of the date of the report for each assessor parcel number within DBAA 2023-1. SECTION 2. Engineer's Report, Approval: The Engineer's Report is hereby approved on a preliminary basis as submitted or amended by direction of this City Council and is hereby ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 3. Intention: The City Council hereby declares its intention to form the drainage area known as Bouquet Canyon, Tract No. 82126 and to levy and collect annual assessments against parcels of land within DBAA 2023-1, commencing with Fiscal Year (FY) 2024-2025 in accordance with the Act and the provisions of the California Constitution Article XIIID. The territory being formed shall subsequently be designated as Drainage Benefit Assessment Area No. 2023-1. SECTION 4. Annexation Territory: The City Council hereby finds that proposed territory within the DBAA 2023-1 consists of all lots, parcels, and subdivisions of land within the planned and existing residential area identified as Parcel Map Book 2812: Page 008 Parcels 2, 3, 8 through 13, 21, 22, 25, 31, 900, and 901, Page 022 Parcel 31, and Page 038 Parcel 2, and that this area includes all properties that receive special benefits from the improvements provided. SECTION 5. Improvements: The proposed improvements and services for the Annexation Territory, include installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, drainage improvements and any facilities that are appurtenant to any of the aforementioned or that are necessary or convenient for the maintenance or servicing thereof. The Engineer's Report, prepared in connection with the annexation territory, provides a more detailed description of the improvements and services to be provided and for which properties shall be assessed, and by reference that Engineer's Report is made part of this resolution. SECTION 6. Assessments: The City Council hereby determines that to provide the improvements described in Section 5 of this resolution, it is necessary to levy and collect assessments against lots and parcels within the annexation territory commencing in FY 2024- 2025. The Engineer's Report referred to in Section 1 of this resolution establishes the initial maximum assessment rate and an estimate of maximum assessments necessary to provide for the annual operation, administration, services, and maintenance of the improvements. SECTION 7. Compliance with the Constitution: Pursuant to California Constitution Article XIIID, an assessment ballot proceeding is hereby called on the matter of confirming the .or proposed new assessments for DBAA 2023-1. The ballots and notices so authorized shall be Page 2 of 4 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 no later than the conclusion of the public hearing for this matter. While provisions of the California Constitution Article XIIID require that the City conduct a public hearing not less than 45 days after mailing a notice of the proposed assessment to record owners of each parcel which will have a special benefit conferred upon them and upon which an assessment will be imposed, California Civil Code, Section 3513, allows anyone to waive the advantage of a law intended solely for their benefit, and the 45 day mailed ballot period before the scheduled 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. SECTION 8. Mailed Notice and Ballot: The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail the Notice of Public Hearing, and in the same or separate mailing, mail the property owner protest ballot(s) to the subject property owner regarding the proposed levy of assessments and the assessment range formula outlined in the Engineer's Report, for return receipt prior to the date and time of the public hearing set forth in this resolution. SECTION 9. Public Hearing: The City Council hereby declares its intention to conduct a public hearing concerning DBAA 2023-1, the improvements, and the levy of assessments notice is hereby given that on Tuesday, February 27, 2024, at 6:00 PM the City Council will hold a public hearing for the formation of DBAA 2023-1 and the levy and collection of assessments .•. related thereto commencing in FY 2024-2025, or as soon thereafter as feasible. The public hearing will be held in the City Council Chambers, located at 23920 Valencia Boulevard, in the City of Santa Clarita, California, at the time so fixed. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard. _:SECTION 10. Determination of Majority Protest: The property owner protest ballot proceedig' rgonaticted for the Annexation Territory shall constitute the property owner's approva;1O�; r€jechon of the annual levy of assessments and assessment range formula. The properC oArner may return the ballot by mail or in person to the City Clerk no later than the conclusion of the public hearing on Tuesday, February 27, 2024. After the close of the public hearing, pufsuant to Section 4, Sub -Section 4 (e) of the California Constitution, the City shall tabulate the ballots returned to determine if majority protest exists. The ballots shall be weighted according to the proportional financial obligation of the affected property. 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. SECTION 11. This resolution shall take effect immediately. SECTION 12. The City Clerk shall certify to the adoption of this resolution. Page 3 of 4 PASSED, APPROVED AND ADOPTED this 9 h day of January, 2024. MAYOR ATTEST: CITY CLERK / DATE: ILI 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. 24-4 was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 9`h day of January, 2024, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: McLean, Weste, Gibbs, Miranda, Smyth None None Page 4 of 4 CITY GLERI; = �1 ..