RESOLUTION NO. 2022-06-xxxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA, DECLARING THE RESULTS OF A PUBLIC HEARING, APPROVING INCREASED ASSESSMENTS FOR THE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1, CONFIRMING THE ENGINEER’S REPORT, THE ASSESSMENT DIAGRAM AND ASSESSMENTS RELATED THERETO, OVERRULING ALL PROTESTS CONCERNING THE ASSESSMENTS, AND APPROVING THE LEVY AND COLLECTION OF ASSESSMENTS COMMENCING IN FISCAL YEAR 2022-23 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, after fully considering the Engineer's Report presented, the City Council adopted Resolution No. 2022-04-6677 preliminarily approving said Engineer’s Report, declared its intention to increase the assessment, to conduct a property owner ballot protest proceeding regarding the proposed 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, notices and ballots were mailed to the affected property owners of record within the proposed District regarding the increased assessment within the District and the proposed new assessments as described in the Engineer’s Report pursuant to the provisions of the Assessment Law for return receipt prior to the close of the public hearing on June 14, 2022; and WHEREAS, on June 14, 2022, 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 written protests, objections, and communication made or filed by any interested person regarding the increased assessment within the District and the proposed new assessments; and to receive and accept all protest ballots from the affected property owners of record within the proposed District; and WHEREAS, at the conclusion of the Public Hearing, a tabulation and canvass of the property owner protest ballots was conducted by the City Clerk or her designee, with all valid protest ballots returned by the affected property owners being counted; and WHEREAS, by Resolution No. 2022-06-XXXX the City Council confirmed the results of the ballot tabulation and property owner protest proceeding conducted in accordance with the provisions of the Assessment Law, the results of which indicated that a majority protest did not exist for the assessments as presented and to be levied on properties within the District commencing Fiscal Year 2022-23.
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. Following notice duly given, the City Council has held a full and fair public hearing regarding the increased assessment for Landscape and Lighting Maintenance District No. 1, the levy and collection of assessments, and has considered all public testimony and written statements, protests and communications made or filed by interested persons and ballots submitted and not withdrawn by affected property owners.
Section 3. In accordance with the provisions of the Assessment Law, the City Council has evaluated the results of the property owner protest ballot proceedings and has determined that a majority protest of the proposed new assessments did not exist, and hereby overrules all oral or written protests that may have been presented concerning the annual assessments for the District.
Section 4. Based upon its review of the facts presented and the Final Engineer’s Report that has been prepared and filed with the City Clerk, the City Council hereby finds and determines that:
A. The land within the District will receive special benefits from the operation, maintenance and servicing of the improvements to be provided by the District as described in the Engineer’s Report; and B. The proportionate special benefits derived by each assessable parcel from the maintenance and servicing of the improvements has been determined in relationship to the entirety of the cost of such maintenance and service expenses; the assessments do not exceed the reasonable cost of the proportional special benefits conferred on each parcel; only special benefits have been assessed, and the general benefits have been separated from the special benefits; and all publically owned parcels within the District that derive special benefits from the maintenance and servicing of the improvements have been assessed for such special benefits; and C. The District as defined by the Assessment Diagram contained in the Engineer’s Report includes all lands receiving such special benefit; and D. Pursuant to the Assessment Law, the net amount to be assessed upon the lands within the District has been apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefits to be received by each parcel from the improvements and services to be provided.
Section 5. The adoption of this Resolution constitutes the increase of the Assessment within the existing boundaries of the District, as contained in the Assessment Diagram presented in the Engineer’s Report; the establishment of the maximum assessment rates and assessment range formula connected therewith as described in the Engineer’s Report and adopted by the City Council. Subsequent annual assessments, in amounts not to exceed an established maximum annual assessment may be confirmed and levied without further assessment ballot proceedings pursuant to the Assessment Law. The maximum amount of each assessment (the “Maximum Assessment”) may be increased by 10% in Fiscal Year 2023-24, 10% in Fiscal Year 2024-25, 4% in Fiscal Year 2025-26, and by the lesser of the Consumer Price Index for Urban Wage Earners and Clerical Workers in the Los Angeles-Long Beach-Anaheim, CA Area, or should such index cease to exist, a comparable index, or 3% every year thereafter.
Section 6: The City Council hereby orders the District improvements to be made as outlined by the Engineer’s Report and by these proceedings. The diagram and assessments shall be filed in the Office of the City Clerk. Said diagram and assessments, and the certified copy thereof, shall be open for public inspection.
Section 7: Pursuant to applicable law, City staff or their designee is hereby authorized and directed to file as may be required the annual levy of assessments for the District commencing in Fiscal Year 2022-23 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 8: 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 assessment, the Engineer’s Report and Assessment Diagram prepared in connection with the increased assessment; and the establishment of the maximum assessment rates, assessment range formula, and the related assessments so authorized commencing in Fiscal Year 2023-24 as outlined in the Engineer’s Report.
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
Resolution No. 2022-06-XXXX
June 14, 2022
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