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 Maintenance District (SMD), being Street Lighting Zone B of the Santa Clarita Landscape and Lighting District (SMD Zone B) such annex parcels being designated as SMD Annexation No. 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 substantive and procedural requirements of Article XIIID, section 4, of the California Constitution and the Proposition 218 Omnibus Implementation Act (Article XIIID), being Government Code section 53750 et seq., (collectively, Assessment Law); and
WHEREAS, on January 24, 2023, the City Council adopted Resolution No. 23-2 declaring its intention to annex the territory designated as SMD Annexation 2023-1, and calling for a property owner ballot protest proceeding for the proposed assessments to be levied and collected commencing in Fiscal Year (FY) 2023-24 within SMD Annexation 2023-1, in accordance with the provisions of the Assessment Law; and
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
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 pursuant to the provisions of the Assessment Law, with ballots presented to the affected property 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 conducted by the City Clerk or their designee, with all valid protest ballots returned by the affected property owners being counted and confirmed. Whereas, the landowner(s) of record within SMD Annexation 2023-1, 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 ballot, the results 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.
PASSED, APPROVED AND ADOPTED this 14th 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 14th day of February, 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
CITY CLERK