RESOLUTION NO. 2022-06-xxxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT PROCEEDING CONDUCTED FOR THE LEVY OF INCREASED ASSESSMENTS WITHIN LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1, AND APPROVING CERTAIN RELATED ACTIONS 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 (the “1972 Act”), and in compliance with the substantive and procedural requirements of Article XIII D, section 4 of the California State Constitution (the “California Constitution”) and the Proposition 218 Omnibus Implementation Act (the “Omnibus Act”), being Government Code section 53750 et seq., (collectively, the “Assessment Law”), the City of Signal Hill (the “City”) City Council by Resolution No. 2022-04-6676 initiated proceedings and ordered the preparation of an Engineer’s Report in connection with the proposed increased assessment for the City of Signal Hill Landscape and Lighting Maintenance District No. 1, (the “District”), to fund in whole or in part, the special benefit costs and expenses for the ongoing maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities related thereto; and WHEREAS, the City Council did receive an Assessment Engineer’s Report (hereafter referred to as the “Engineer’s Report”) prepared by NV5 in accordance with the Assessment Law; and WHEREAS, after fully considering the Engineer's Report presented, the City Council adopted Resolution No. 2022-04-6677 (“Resolution of Intention”) preliminarily approving said Engineer’s Report, declared its intention to increase the assessment, to conduct a property owner ballot protest proceeding regarding the proposed increased assessments in compliance with the substantive and procedural requirements of the Assessment Law, and set the Public Hearing to be noticed pursuant to applicable law for June 14, 2022, at the regularly scheduled meeting of the City Council; and WHEREAS, the Engineer's Report has been made a part of the record of these proceedings and is on file in the office of the City Clerk (the "City Clerk"); and WHEREAS, pursuant to the Resolution of Intention, 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 increased assessment, maintenance and servicing of the improvements, and the assessments proposed to be levied on land within the District; 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 increased assessment within the District, 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 the increased assessment within the District for the purpose of presenting to the qualified property owners within the proposed District, and 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 Fiscal Year 2022-23, 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 local landscaping and lighting improvements, and appurtenant facilities related thereto as more fully described in the Engineer’s Report; and WHEREAS, the owners of record of identified parcels within the proposed District as of the close of the Public Hearing held on June 14, 2022, did cast their ballots, weighted by the proportional financial obligation of each property for which a ballot was submitted and not withdrawn.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Signal Hill, California, as follows:
Section 1: That the foregoing recitals are true and correct.
Section 2: The ballot protest proceedings for the proposed increased assessment within the District were 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 June 14, 2022, with each ballot weighted according to the proportional financial obligation of the affected property. The written protest proceedings for the detachment of the Detached Parcels were conducted in accordance with the 1972 Act.
Section 3: The City Clerk has prepared and submitted to the City Council a Certificate of Tabulation Official and Statement of Assessment Ballots Submitted (the “Certificate of the Tabulation Official”), a copy of which is attached as Exhibit A hereto and incorporated herein by this reference, which reflects the results of the tabulation of the assessment ballots and written protests 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 at a regular meeting of the City Council of the City of Signal Hill, California, on this 14th day of June, 2022.
KEIR JONES
MAYOR
ATTEST:
CARMEN R. BROOKS
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SIGNAL HILL )
I, CARMEN R. BROOKS, City Clerk of the City of Signal Hill, California, hereby certify that Resolution No. ______ was adopted by the City Council of the City of Signal Hill at a regular meeting held on the 14th day of June, 2022, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CARMEN R. BROOKS
CITY CLERK
Exhibit A
Certificate of Tabulation Official and
Statement of Assessment Ballots Submitted for
City of Signal Hill Landscape and Lighting Maintenance District No. 1 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SIGNAL HILL )
The undersigned, the duly authorized tabulation official appointed by the City Council of the City of Signal Hill, DOES HEREBY CERTIFY that pursuant to the provisions of Article XIII D of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following), I did tabulate the assessment ballots timely submitted, and not withdrawn, in the assessment ballot proceedings pertaining to City of Signal Hill Landscape and Lighting Maintenance District No. 1.
I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the assessment ballots submitted, and not withdrawn, in favor of the proposed assessment and the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment, each total weighted according to the financial obligation of the affected properties for which the assessment ballots were submitted.
Total assessment ballots distributed
Total assessment ballots submitted and not withdrawn
Assessment ballots submitted, and not withdrawn, in favor of the proposed assessment:
Weighted value of assessment ballots submitted, and not withdrawn, in favor of the proposed assessment Assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment:
Weighted value of assessment ballots submitted, and not with- drawn, in opposition to the proposed assessment Total number of the record owners of the Detached Parcels Total number of written protests submitted in opposition to detaching the Detached Parcels This certification is executed this 14th day of June, 2022 in Signal Hill, California.
By:
Title:
Resolution No. 2022-06-XXXX
June 14, 2022
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A-1
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