HomeMy WebLinkAbout2024-02-27 - RESOLUTIONS - DBAA 2023-1RESOLUTION NO.24-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, CONFIRMING THE FORMATION OF THE SANTA CLARITA DRAINAGE
BENEFIT ASSESSMENT AREA NO.2023-1, THE DIAGRAM AND ASSESSMENTS
RELATED THERETO, OVERRULING ALL PROTESTS CONCERNING THE
ASSESSMENTS, AND ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS FOR FISCAL YEAR 2024-2025
WHEREAS, pursuant to the provisions of the Benefit Assessment Act of 1982 being
Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California commencing
with Section 54703 (Act), the City Council by Resolution No. 24-3 initiated proceedings and
ordered the preparation of an Engineer's Report in connection with the formation of the Santa
Clarita Drainage Benefit Assessment Area No. 2023-1 (District) will consist of five previously
built residential properties along with Tract No. 82126 slated for 371 residential properties (196
Single Family Residential Units and 175 Townhomes/Condominiums) generally situated along
Bouquet Canyon Road, to fund the special benefit costs and expenses for the ongoing
maintenance, operation and servicing of the drainage improvements and appurtenant facilities
related thereto; and
.••. WHEREAS, after fully considering the Engineer's Report presented, the City Council
adopted Resolution No. 24-4 approving said Engineer's Report, declared its intention to form the
District, to conduct a property owner protest ballot proceeding for the proposed new assessments
related thereto in accordance with the provisions of Article XIIID of the California Constitution
(Constitution) and Government Code §§ 53750 et seq., and set the Public Hearing to be noticed
pursuant to applicable law for February 27, 2024 at 6:00 p.m.; and
WHEREAS, notices and ballots were mailed to the property owners of record regarding
the formation of the District and the new assessments as described in the Engineer's Report,
pursuant to the applicable laws and regulations governing majority protest proceedings for return
receipt prior to the close of the public hearing on February 27, 2024; and
WHEREAS, on February 27, 2024, the City Council held the duly noticed Public Hearing
not less than 45 days after the mailing of the notices and ballots, to consider all oral statements
and written protests, objections, and communication made or filed by any interested person
regarding the formation of the District and the proposed new assessments; and to receive and
accept all protest ballots from the property owners of record within the proposed District; and
WHEREAS, at the conclusion of the Public Hearing, a 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
OM+ WHEREAS, by resolution the City Council confirmed the results of the ballot tabulation
and property owner protest proceeding conducted in accordance with the provisions of the
Constitution, the results of which indicated that majority protest did not exist for the new
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assessments as presented and to be levied on properties within the District commencing Fiscal
Year (FY) 2024-2025.
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. Following notice duly given, the City Council has held a full and fair
Public Hearing regarding the formation of Drainage Benefit Assessment Area No. 2023-1, the
levy and collection of assessments, and has considered all public testimony and written
statements, protests and communications made or filed by interested persons.
SECTION 3. In accordance with the provisions of the Constitution, the City Council has
evaluated the results of the property owner protest ballot proceedings, and has determined that
majority protest of the proposed new assessments did not exist and overrules all oral or written
protests that may have been presented concerning the annual assessments for the District
commencing in FY 2024-2025.
SECTION 4. Based upon its review of the facts presented and the Engineer's Report
that has been filed with the City Clerk, the City Council hereby finds and determines that:
A. The land within the District will receive special benefit from the operation,
maintenance and servicing of the improvements to be provided by the District as .�.
described in the Engineer's Report.
B. The District as defined by the Assessment Diagram contained in the Engineer's
Report, includes all of the lands receiving such special benefit.
C. The net amount to be assessed upon the lands within the District has been
apportioned by a formula and method which fairly distributes the net amount
among all eligible parcels in proportion to the special benefit to be received by each
parcel from the improvements and services to be provided commencing with
FY 2024-2025.
SECTION 5. The adoption of this resolution constitutes the formation of the District,
the boundaries of the District, and any Zones therein as contained in the Assessment Diagram
presented in the Engineer's Report; the establishment of the maximum assessment rate and
assessment range formula connected therewith; and the assessments to be levied for the fiscal
year commencing July 1, 2024, and ending June 30, 2025, as described in the Engineer's Report
and adopted by the City Council.
SECTION 6. The City Council hereby orders the District improvements to be made for
FY 2024-2025 as outlined by the Engineer's Report and by these proceedings.
SECTION 7. Pursuant to applicable law, City staff or their designee is hereby
authorized and directed to levy and submit assessments to Los Angeles County for FY 2024-
2025 and thereafter as approved herein along with a copy of this resolution; and/or as may be
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required by the County Auditor/Controller or County Assessor, copies of the Engineer's Report
or Assessment Diagram confirmed by this resolution.
SECTION 8. The City Clerk shall certify to the passage and adoption of this resolution,
and the minutes of this meeting shall so reflect the City Council's approval of the formation of
the District; the confirmation of the Assessment Diagram; and the establishment of the maximum
assessment rates, assessment range formula, and the assessments for FY 2024-2025 as outlined
in the Engineer's Report and approved in these proceedings.
PASSED, APPROVED AND ADOPTED this 27th day of February 2024.
MAYOR
ATTEST:
�=GLLcu��G
CITY CLERK a
DATE: ✓2
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 24-7 was duly adopted by the City Council of the City of Santa Clarita at a regular
meeting thereof, held on the 271h day of February, 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
McLean, Weste, Gibbs, Miranda, Smyth
None
None
CITY CLERK
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