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HomeMy WebLinkAbout2025-07-08 - RESOLUTIONS - ENGINEER REPORT APPROVAL INCREASE ASMT T44 T48 T62RESOLUTION NO.25-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT AN INCREASED ASSESSMENT FOR LANDSCAPING ZONES T44 BOUQUET CANYON, T48 SHADOW HILLS, AND T62 CANYON HEIGHTS WITHIN THE CITY OF SANTA CLARITA LANDSCAPING AND LIGHTING DISTRICT, PRELIMINARILY APPROVING AN ENGINEER'S REPORT, CALLING FOR A PROPERTY OWNER PROTEST BALLOT PROCEEDING TO SUBMIT TO THE QUALIFIED PROPERTY OWNERS THE QUESTION OF LEVYING INCREASED ASSESSMENTS IN FISCAL YEAR 2026-27 PURSUANT TO THE PROVISIONS OF THE CALIFORNIA CONSTITUTION, ARTICLE )III D AND SETTING A PUBLIC HEARING WHEREAS, the City Council of the City of Santa Clarita, California has adopted a Resolution Initiating Proceedings for the proposed increased assessments for T44 Bouquet Canyon, T48 Shadow Hills, and T62 Canyon Heights (T44, T48, and T62) within the City of Santa Clarita Landscaping and Lighting District (District) commencing in Fiscal Year 2026-27, ordering the City's Assessment Engineer to prepare and file a report regarding such matters pursuant to Chapter 3 of Part 2 of Division 15 of the Streets and Highway Code of the State of California; and am WHEREAS, the City's Assessment Engineer has prepared and filed with the City Clerk a report, and the City Clerk has presented such report for the District for T44, T48, and T62 for Fiscal Year 2025-26 (the Engineer's Report or Report); and WHEREAS, by Resolution, the City Engineer's Report for the proposed increased assessments for T44, T48, and T62, commencing in Fiscal Year 2026-27, has been approved 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 T44, T48, and T62, 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 (Budgets) required for the annual maintenance, servicing, and operation of landscape improvements and specifically the costs associated with the improvements determined to be of special benefit to parcels within T44, T48, and T62 establishing the proposed increased maximum assessment rates. Page 1 of 4 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 XIII D. District diagrams outlining the boundaries of T44, T48, and T62. Assessment Rolls containing the maximum assessments and proposed assessments as of the date of the Report for each Assessor Parcel Number within T44, T48, and T62. 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 ballot for an increased assessment in the areas known as T44, T48, and T62, and to levy and collect these increased assessments against parcels of land within T44, T48, and T62 commencing with Fiscal Year 2026-27 in accordance with the Act and the provisions of the California Constitution Article XIII D. SECTION 4. Balloted T44, T48, and T62: The City Council hereby finds that T44, T48, and T62 within the District consists of all lots, parcels, and subdivisions of land within the existing residential areas identified as T44, T48, and T62, and that these areas include all properties that receive special benefits from the improvements provided. • % SECTION 5. Improvements: The proposed improvements and services for T44, T48, and T62, include irrigated slope landscaping, non -irrigated landscaping and turf or maintenance of any authorized improvements under the Act, including, but not limited to (as applicable), landscaping, planting, shrubbery, trees, grass, other ornamental vegetation, irrigation systems, hardscapes, and fixtures; statuary, fountains and other ornamental structures and facilities; facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage landscaped areas, or electrical facilities; and, park or recreational improvements, including, but not limited to, playground equipment, shade structures, play courts, public restrooms, and paseos/trails. SECTION 6. Assessments: The City Council hereby determines that to provide the improvements and necessary service level associated with improvements described in Section 5 of this resolution, it is necessary to levy and collect an increased assessment against lots and parcels within T44, T48, and T62 commencing in Fiscal Year 2026-27. The Engineer's Report referred to in Section 1 of this resolution establishes the increased maximum assessment rates 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 XIII D, an assessment ballot proceeding is hereby called on the matter of confirming the proposed increased assessments for T44, T48, and T62. The ballots and notices so authorized shall be distributed by first-class mail to the property owners of record as of the last County Page 2 of 4 0=0 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 XIII D require that the City conduct a public hearing not less than forty-five (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 any person to waive the advantage of a law intended solely for their benefit. The forty-five (45) day mailed notice and ballot period preceding the scheduled public hearing is not established for a public purpose, but rather for the benefit of the affected property owners. Pursuant to Assembly Bill 2257 (AB 2257), enacted in 2024, affected property owners have an opportunity to submit any written objections to the proposed fee or assessment within the time period identified in the mailed notice and ballot identified in Section 8 of this resolution. To preserve the right to later challenge the assessment based on alleged noncompliance, a written objection must be submitted by the deadline established by the City, which shall be no less than 45 days from the mailing of notice. 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 subjecCproperty owner regarding the proposed levy of assessments and the assessment range formula outlined in the .•. Engineer's Report, for return receipt on or before the date and time of closing the public hearing described in this resolution. SECTION 9. Public Hearing: The City Council hereby declares its intention to conduct a public hearing concerning Assessment Districts T44, T48, and T62, the ongoing maintenance of previously implemented improvements, and the levy of increased assessments. Notice is hereby given that on Tuesday, October 14, 2025, at 6:00 p.m., the City Council will hold a Majority Protest Hearing for Assessment Districts T44, T48, and T62. The purpose of the hearing is to consider the levy and collection of increased assessments for the continued maintenance of existing improvements beginning in Fiscal Year 2026-27, or as soon thereafter as feasible. The public hearing will be held in the City Council Chambers, located at 23920 Valencia Boulevard, Santa Clarita, California. At this public hearing, all interested persons will be given the opportunity to speak and be heard regarding the proposed assessments. SECTION 10. Determination of Majority Protest: The property owner protest ballot proceeding conducted for the T44, T48, and T62 shall constitute the property owner's approval or rejection of the annual levy of assessments and assessment range formula. The property owner may return the ballot by mail or in person to the City Clerk no later than the conclusion of the public hearing on Tuesday, October 14, 2025. After the close of the public hearing, pursuant to Section 4, Sub -Section 4 (e) of Article XIII D 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. Page 3 of 4 SECTION 11. This resolution shall take effect immediately. SECTION 12. The City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of resolutions of the City and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of the City in the minutes of the meeting at which the same is presented. PASSED, APPROVED, AND ADOPTED this 8"' day of July 2025. ATTEST: to CITYXUC tK,-- 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. 25-45 duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 8th day of July 2025, by the following vote: AYES: COUNCILMEMBERS: Ayala, McLean, Weste, Gibbs, Miranda NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK Page 4 of 4