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HomeMy WebLinkAbout2025-10-14 - RESOLUTIONS - CONFIRM INCREASED ASMT ENG RPT DIAGRAM FY2026 27 LLD ZONE T44RESOLUTION NO.25-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972, CONFIRMING THE ENGINEER' S REPORT, THE ASSESSMENT DIAGRAM AND ASSESSMENTS RELATED THERETO FOR LANDSCAPING ZONE T44 (BOUQUET CANYON) WITHIN THE CITY OF SANTA CLARITA LANDSCAPING AND LIGHTING DISTRICT, AND APPROVING THE LEVY AND COLLECTION OF ASSESSMENTS COMMENCING IN FISCAL YEAR 2026-27 WHEREAS, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (Act, including Sections 22500 through 22679), on July 8, 2025, the City Council of the City of Santa Clarita (City) adopted Resolution No. 25-44 (Resolution of Initiation) to initiate proceedings to levy proposed increased assessments for Landscaping Zones T44 (Bouquet Canyon), T48 (Shadow Hills), and T62 (Canyon Heights) (referred to collectively as T44, T48, and T62 or Zones; and referred to individually as Zone, T44, T48, or T62) within the City of Santa Clarita Landscaping and Lighting District; and WHEREAS, the Resolution of Initiation also ordered the City's Assessment Engineer to prepare the report required by Streets and Highways Code Section 22622 for T44, T48, and T62 -- for Fiscal Year 2025-26 (the Engineer's Report); and WHEREAS, on July 8, 2025, after fully considering the Engineer's Report, the City Council adopted Resolution No. 25-45 (Resolution of Intention) declaring its intention to levy and collect an increased assessment for T44, T48, and T62, preliminarily approving said Engineer's Report, calling for a property owner protest ballot proceeding for the proposed increased assessments related thereto in accordance with the relevant provisions of "Proposition 218" (California Constitution Article XIII D, Section 4, as implemented through Government Code §§ 53750 through 53759.2), and the Act; and WHEREAS, the Resolution of Intention set the Public Hearing for October 14, 2025, at 6:00 p.m., and authorized the proceedings for a Proposition 218 ballot; and WHEREAS, on July 8, 2025, the City Council adopted Resolution No. 25-46 (Procedural Resolution) establishing assessment setting procedures for the Zones consistent with the requirements of Proposition 218 related to the consideration of assessment protest ballots submitted by record owners, as well as the requirements of "AB 2257" (Government Code § § 53759.1 and 53759.2) to require record owners to exhaust administrative remedies by submitting a timely written objection as a condition of filing litigation to challenge the proposed assessments for the Zones; and WHEREAS, this resolution pertains only to Zone T44 (Bouquet Canyon), as set forth herein; and Page 1 of 4 WHEREAS, on July 31, 2025, the Notice of Public Hearing and protest ballot were mailed to the property owners of record in T44 regarding the levy of increased assessments and the assessment range formula pursuant to the applicable laws and regulations governing majority protest proceedings, including but not limited to Proposition 218 and AB 2257; and WHEREAS, consistent with the requirements of AB 2257 and the Procedural Resolution, the Notice of Public Hearing identified a deadline of September 15, 2025, at 5:00 p.m., for the submission of timely written objections to the proposed updated assessments for the Zones; and WHEREAS, as of September 15, 2025, at 5:00 p.m., the City had received no timely written objections, and therefore, the City Council determined that no clarifications or reductions to the proposed assessments for the Zones were warranted under Government Code Section 53759.1(d); and WHEREAS, on October 14, 2025, 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 all written protests and communications made or filed by any interested persons regarding the proposed increased assessments, and to receive and accept all protest ballots until the conclusion of the Public Hearing from the property owners of record within T44; and WHEREAS, at the conclusion of the Public Hearing, the City Clerk or their designee publicly unsealed, tabulated, and canvassed all timely, valid protests submitted to the City by property owners within T44; and WHEREAS, on October 14, 2025, by resolution, the City Council confirmed the results of the ballot tabulation and property owner protest ballot proceeding conducted in accordance with the provisions of Proposition 218, and as more fully set forth in Section 3 of this resolution. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The foregoing recitals are incorporated herein by this reference. SECTION 2: Following notice duly given, the City Council held a full and fair Public Hearing regarding the proposed increased assessments and assessment range formula, and the levy and collection of assessments for the Zone. During the Public Hearing, the City Council considered all public testimony and written statements, protests and communications made or filed by interested persons, as well as all documents identified in this resolution notably including the Engineer's Report and the Assessment Roll for T44. SECTION 3: In accordance with the provisions of Proposition 218 (as defined herein), based on the separate resolution adopted by City Council declaring the results of the protest ballot proceedings on October 14, 2025, the City Council hereby determines that a majority protest of the proposed new assessments did not exist for T44. The City Council hereby confirms the Engineer's Report, the Assessment Diagram, and the Assessment identified in the Assessment Roll. Page 2 of 4 SECTION 4: City Council's adoption of this resolution shall constitute a levy of increased assessments for Fiscal Year 2026-27. A copy of the Assessment Roll, which specifies the amounts to be levied for each parcel in T44, is on file in the Office of the City Clerk and will be incorporated in the Fiscal Year 2026-27 Annual Engineer's Report and is incorporated herein and made a part hereof as though fully set forth. SECTION 5: The City Council finds that the assessments as set forth in the Assessment Roll comply with the provisions of the Landscaping and Lighting Act of 1972 and Article XIII D of the California Constitution, and that the City Council has complied with all laws pertaining to the levy of an annual assessment. The City Council hereby authorizes and approves annual assessments for parcels within T44 in amounts that do not exceed the assessment range formula set forth in the Engineer's Report. Accordingly, the assessment range formula allows for annual adjustments to the maximum assessment rate based on the percentage change in the Consumer Price Index (CPI) for All Urban Consumers for the Los Angeles -Long Beach -Anaheim area, as published by the U.S. Department of Labor, Bureau of Labor Statistics. Specifically, the adjustment is based on the CPI figure released in March or April of each year, reflecting year - over -year inflation within the regional economy where the District/Zone is located. SECTION 6: Pursuant to applicable law, the City Manager or their designee is hereby authorized and directed to file as may be required the annual levy of assessments for T44 commencing in Fiscal Year 2026-27 as approved herein with the Los Angeles County Auditor/Controller along with a certified copy of this resolution; and/or other resolutions and documents as may be required by the County Auditor/Controller or County Assessor, including copies of this Engineer's Report or Assessment Diagram confirmed by this resolution. SECTION 7: 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 and confirmation of the increased assessments; the Engineer's Report and Assessment Diagram prepared; and the establishment of the maximum assessment rates, assessment range formula, and the related maximum assessments so authorized commencing in Fiscal Year 2026-27 as outlined in the Engineer's Report. SECTION 8: This resolution shall become effective upon its adoption. Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 141h day of October 2025. MAYOR ATTEST: of L. CITY CLERK DATE,: ��"y��'� 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. 25-51 was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 14th day of October 2025, by the following vote: AYES: COUNCILMEMBERS : NOES: COUNCILMEMBERS : ABSENT: COUNCILMEMBERS: McLean, Weste, Gibbs, Ayala, Miranda None None CITY CLERK Page 4 of 4