RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
CLARITA, CALIFORNIA, ORDERING THE MODIFICATION OF SANTA CLARITA
STREETLIGHT MAINTENANCE DISTRICT (SMD), BEING ZONE B OF THE SANTA CLARITA LANDSCAPE AND LIGHTING DISTRICT FOR ANNEXATION NO. 2023-1,
INCLUDING THE BALLOTED ASSESSMENTS DESCRIBED THEREIN, AND TAKING
CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
WHEREAS, the City Council of the City of Santa Clarita (City) has initiated proceedings relating to Santa Clarita Streetlight Maintenance District (SMD), being Street Lighting Zone B of the Santa Clarita Landscape and Lighting District (SMD Zone B), Annexation No. 2023-1 (SMD Annexation 2023-1) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (Act), and in accordance with Article XIIID of the California Constitution and the Proposition 221 Omnibus Implementation Act (Article XIIID), commencing with Section 51750 of the California Government Code (collectively, Assessment Law), to fund the costs of installation, servicing, and maintenance of streetlighting and/or landscaped improvements within public rights-of-way and dedicated landscape easements within the City; and
WHEREAS, the City Council did set the time and place for a public hearing to consider the annexation of territory and the levy of assessments in connection with SMD Annexation 2023-1, and did order that notice of such public hearing, accompanied by assessment ballots, be mailed to the record owners of property within SMD Annexation 2023-1, in accordance with the provisions of the Assessment Law; and
WHEREAS, the City Council set the time and place for a public hearing to be held during a regular meeting of the Santa Clarita City Council, in City Hall Council Chambers, 23920 Valencia Boulevard, 1st Floor, Santa Clarita, California, on February 14, 2023, at 6:00 p.m. or as soon thereafter as the matter may be heard; and
WHEREAS, notice of such public hearing accompanied by assessment ballots were delivered to the record owners of property within SMD Annexation 2023-1 in accordance with the provisions of the Assessment Law; and
WHEREAS, the City Council considered all oral and written statements, protests, and communications made or filed by any interested persons; and
WHEREAS, following conclusion of the public hearing, assessment ballots received by the City were tabulated by the City Clerk, and a majority protest did not exist.
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. The City Council hereby finds and determines that the procedures for the consideration of the annexation territory and levy of the assessments have been undertaken in accordance with the Assessment Law.
SECTION 3. Assessment ballots were delivered, as required by Assessment Law, to the record owners of all properties within SMD Annexation 2023-1, which are proposed to be assessed. The assessment ballots that were completed and received by the City Clerk prior to the close of the public hearing have been tabulated in accordance with the procedures established by Assessment Law and the City Council, and the results of such tabulation have been submitted to the City Council.
The City Council hereby finds that the assessment ballots, weighted in accordance with Assessment Law, submitted in favor of the levy of assessments, exceed the assessment ballots submitted in opposition to such levy, and therefore, a majority protest to the levy of assessments within SMD Annexation 2023-1 does not exist.
SECTION 4. The City Council hereby orders the annexation of parcels within SMD Annexation 2023-1 to the SMD Zone B.
SECTION 5. Based upon the testimony and other evidence presented at the public hearing, the City Council hereby makes the following determinations regarding the assessments proposed to be imposed commencing with Fiscal Year (FY) 2023-24 and the annual assessment proposed to be imposed to pay for the estimated costs of the maintenance of all the improvements to ultimately be maintained upon the completion and acceptance thereof:
a. The proportionate special benefit derived by each parcel assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses.
b. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel.
c. Only the special benefits have been assessed.
The maximum assessments established within the SMD for FY 2022-23 has been balloted as the maximum assessments for parcels within SMD Annexation 2023-1 are hereby confirmed. Each fiscal year after the base year, FY 2023-24, the maximum assessment shall be increased by the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the Los Angeles, Long Beach, and Anaheim areas, published by the United States Department of Labor, Bureau of Labor Statistics, or a reasonably equivalent index if such index is discontinued, without further compliance with the assessment ballot procedures required under the Assessment Law. Subsequent annual assessments in amounts that do not exceed the adjusted maximum annual assessments may be subsequently confirmed and levied without further assessment ballot proceedings, pursuant to the Assessment Law.
SECTION 6. The public interest and convenience require, and this legislative body does hereby order, the maintenance work to be made and performed.
SECTION 7. This resolution shall take effect immediately.
SECTION 8. The City Clerk shall certify to the passage and adoption of this resolution, cause the same to be entered in the book of resolutions of the City, and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is presented.
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