HomeMy WebLinkAbout1998-10-13 - RESOLUTIONS - SC LMD 1 ANNEX (2)RESOLUTION NO. 98-119
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE ANNEXATION OF
TERRITORY INTO "SANTA CLARITA LANDSCAPE
MAINTENANCE DISTRICT NO. I," AS ZONE NO. 8,
AN ASSESSMENT DISTRICT ESTABLISHED PURSUANT TO
THE LANDSCAPING AND LIGHTING ACT OF 1972
AND THE RIGHT TO VOTE ON TAXES ACT
DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT
NO. 1 AS ZONE NO. 8 AND TO LEVY AND COLLECT
ASSESSMENTS PURSUANT TO PART 2 OF DIVISION 15 OF
THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA
AND THE RIGHT TO VOTE ON TAXES ACT
CONFIRMING THE DIAGRAM AND ASSESSMENT AND ORDERING
THE PROPOSED IMPROVEMENTS TO AND ANNEXATION OF
TERRITORY INTO SANTA CLARITA LANDSCAPE
MAINTENANCE DISTRICT NO. 1 AS ZONE NO. 8
WHEREAS, Jenna — Santa Clarita, L.L.C., (hereinafter referred to as the "Developer"), is
the sole owner of that certain real property located in the City of Santa Clarita, County of
Los Angeles, State of California, more particularly described as follows:
Legal Descrivtio :
Parcel "A7 - All of Lots of Tract No. 52354, in the City of Santa Clarita,
County of Los Angeles, State of California, currently known as Assessor's Parcel
Numbers 2842-006-022 and 2842-006-020
WHEREAS, Developer is developing the Property as a single family residential project
consisting of 39 SFR lots (hereinafter referred to as the "Project"); and
WHEREAS, as a condition to its approval of the recordation of the final Tract Map No.
52354 to be recorded on the Project, the City of Santa Clarita (hereinafter referred to as the
"City") has required that the developer install street trees and median improvements
adjacent to the Project, as more particularly shown as Landscape Improvement Areas
(hereinafter referred to as the "Improvement Areas") on Exhibit "A" attached hereto, be
improved with landscaping and related improvements to a standard acceptable to the City,
and that Developer provide a means satisfactory to the City for assuring the continued
maintenance, operation, and servicing of the Improvement Areas and improvement thereto;
and
WHEREAS, in response to the City's conditions to its approval of the recordation of the
Tract Map to be recorded on the Project, Developer has executed and filed with the City
Council a Petition wherein Developer has, among other things, proposed to improve the
Improvement Areas and has requested the annexation of the Property to Santa Clarita
Landscape Maintenance District No. 1 (hereinafter referred to as the "District") to provide
for the continued maintenance, operation, and servicing of the Improvement Areas, and all
improvement thereon. A copy of the Petition is attached hereto as "Exhibit "A!' all property
owners have signed a ballot pursuant to Proposition 218; the right to vote on taxes act; and
WHEREAS, the City desires to initiate proceedings for the annexation pursuant to and in
accordance with the provisions of the "Landscaping and Lighting Act of 1972" as set forth in
Part 2 of Division 15 (Sections 22500 et seq.) of the Streets and Highways Code of the State
of California, to annex the Property to the District in order to provide for the continued
maintenance, operation, and servicing of the Improvement Areas, and all improvement
thereto, and for the payment of all costs and expenses incurred of same; and
WHEREAS, a petition has been filed with the City by all of the owners of property within
the territory proposed to be annexed into the District consenting to the annexation into the
District; and
WHEREAS, Section 22608 of the Act permits the City Council to annex territory into the
District without notice, hearing, filing of the Engineer's Report when all the owners of
property proposed to be annexed into the District have given written consent to the
annexation into the District; and
WHEREAS, the City has prepared a diagram attached as Exhibit "A", which is designated
Proposed Annexation (8) into Santa Clarita Landscape Maintenance District No. 1 and an
assessment showing the proposed boundaries of the territory to be annexed into the District
which is benefited by the construction of the improvements and the amount to be assessed
against each of the parcels within the proposed annexation to the District; and
WHEREAS, the diagram and assessment have been filed with the City Clerk and are open
to public inspection, and may be referred to for all details regarding the improvements, the
boundary of the proposed annexation, the assessments, total costs, and description of the
parcels to be assessed; and
WHEREAS, this City Council has examined and considered the diagram, assessment, and
the proceedings prior thereto.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the
City of Santa Clarita, State of California, that:
Section 1. Pursuant to Sections 22585 and 22605 of the Streets and Highways Code
of the State of California, the City hereby declares its intention to annex, and initiate
proceedings for the annexation of the Property to the District pursuant to and in accordance
with the provisions of the "Landscaping and Lighting Act of 1972" as set forth in Part 2 of
Division 15 (Sections 22500 et seq.) of said Code, to provide for the continued maintenance,
operation, and servicing of the Improvement Areas, and all landscape improvements
thereon as defined in Section 2 below, and for the payment of all costs and expenses
incurred for such maintenance, operation, and servicing.
Section 2. The improvements to the Improvement Areas shall include such ground
cover, shrubbery, trees and other landscaping, irrigation and equipment, and separate
water meters (hereinafter referred to as the "Landscape Improvements") as may be
reasonably required by the City. All costs of constructing or otherwise installing the
Landscape Improvements shall be borne by the Developer.
Section 3. To ensure that the costs and expenses of maintaining, operation, and
servicing the Improvement Areas, and the Landscape Improvements thereon, are borne by
the owners of the property to be benefited thereby, the City resolves that the proposed
annexation shall consist of the Property referenced in the recitals hereinabove.
Section 4. The improvements shall consist of the costs and expenses of maintaining,
operating, and servicing the street trees and median improvement areas and the Landscape
Improvement thereon.
Section 5. Pursuant to the provisions of Section 22608 of the Streets and Highways
Code the City has determined that the Developer has given written consent to the proposed
annexation of the Property into the District to provide for the continued maintenance,
operation, and servicing of the Improvement Areas, and all the Landscaping Improvement
thereon, and that the Property is to be annexed into the District without notice, hearing, or
filing of an Engineer�s Report.
Section 6. A Diagram for the District (Section 22570 of the Streets and Highways
Code) and an assessment (Section 22572 of the Streets and Highways Code) showing the
area to be annexed, benefited, and assessed for the improvements has been prepared as
Exhibit "A". The diagram, assessment, and improvement plans have been filed with the
City Clerk.
Section 7. The diagram, which indicates by a boundary line the extent of the
territory proposed to be annexed into the District, is hereby declared to describe the
proposed boundaries of the proposed annexation to the District and shall govern for all
details as to the extent and location of said annexation.
Section 8. This City Council is satisfied with the correctness of the diagram and
assessment including the proceedings and all matters relating thereto.
Section 9. This City Council orders the annexation of the property into the District
and the proposed improvements as indicated in the Resolution of Intention hereinabove
referred to.
Section 10. This City Council determines that the amounts to be assessed against
the individual parcels described in the assessment shown on the diagram of the Proposed
Annexation (8) are hereby approved and confirmed and are hereby levied by said Council as
special assessments against said parcels for fiscal year 1999-00.
Section 11. The City Council determines that the amount of the assessments for
Fiscal Year 1999-00 of the Proposed Annexation No. (8) shall be paid to the City by the
owner of the territory to be annexed prior to the filing of any final map(s) with the County
Recorder of the territory proposed to be annexed to the District.
Section 12. The City Clerk of the City of Santa Clarita shall file a certified copy of
diagram and assessment with the Los Angeles County Auditor.
Section 13. This City Council determines that all moneys received representing
assessments collected by the County of Los Angeles for the District and/or from the
developer shall be deposited by the City Treasurer in an improvement fund entitled Santa
Clarita Landscape Maintenance District No. 1 annexation (8) and shall be expended only
for the improvements authorized for the District.
PASSED, APPROVED AND ADOPTED this i3th day ofOctober '1998 .
ATTEST:
-'�" '�< a'.U�
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA CLARITA
I, Sharon Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the 1 --it-h day of octabpr 1928__by the following vote
of Council:
AYES: COUNCILMEMBERS: Kiajic, Darcy, Ferry, Weste, Heidt
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
NED:bpc
S: \ pr\ district\ m52354.doc
Maintained area includes
median landscaping and
tree wells on the south side
of Sierra Highway
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EXHIBIT "A"
FRIENDLY VALLEY PARKWAY
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A.P.N. 2842-006-022
2842-006-020
Landscape easement area to be
improved with landscaping and
irrigation. All lots within the district
boundary will be assessed for the
landscape maintenance, servicing
and all incidentals.
Boundary of Proposed Annexation
as Zone No. 8 into City LMD No. 1
E=Landscape easement area to be
improved with landscaping and
irrigation. All lots within the district
boundary will be assessed for the
landscape maintenance, servicing
and all incidentals.
Zone No. 8
City Landscape Maintenance District No. 1
Location Map - Tract 52354
9/17/98 2:14 PM
A petition to the City Council of the City of Santa Clarita, County of Los Angeles, State of
California, petitioning said Council to initiate proceedings for the annexation of territory as
Zone No. 8 into "Santa Clarita Landscape Maintenance District No. l," an assessment district
established pursuant to the "Landscaping and Lighting Act of 1972" as set forth in Part 2 of
Division 15 (Section 22500, et seq.) of the Streets and Highways Code of the State of California.
A. WHEREAS, the petitioner, the Jenna — Santa Clarita, L.L.C., is the sole owner of
that certain real property located in the City of Santa Clarita, County of Los Angeles, State of
California, more particularly described as follows:
Legal Description:
Parcel "A" - All of Lots of Tract No. 52354, in the City of Santa Clarita, County
of Los Angeles, State of California, currently known as Assessor's Parcel Numbers
2842-006-020, 2842-006-022.
(Hereinafter referred to as the "Property"); and
B. WHEREAS, the owner is developing the Property as a single family residential
development in the City of Santa Clarita, (hereinafter referred to as the "Project"); and
C. WHEREAS, as a condition to its approval of the recordation of the final tract map
to be recorded on the Property, the City of Santa Clarita (hereinafter referred to as the "City")
has required that those certain landscape easement areas within the Project which are more
particularly shown and described on Exhibit "A" attached hereto (hereinafter referred to as the
"Improvement Areas"), be improved with landscaping and other related improvements
(hereinafter referred to as the "Landscape Improvements") to a standard acceptable to the City,
and the Developer provide a means satisfactory to the City for assuring the continued
maintenance, operation and servicing of the Improvement Areas and pursuant to the
"Landscaping and Lighting Act of 1972" as set forth in Part 2 of Division 15 (Sections 22500,
et seq.) of the Streets and Highways Code of the State of California, the City may assess the
property via an existing assessment district to provide for the continued maintenance,
operation and servicing of the Improvement Areas and Landscape Improvements, and for the
payment of the costs and expenses incurred for such maintenance, operation, and servicing; and
D. WHEREAS, the Developer is the owner of all of the real property to be benefited by
the Improvement Areas, and the maintenance, operation, and servicing thereof.
NOW, THEREFORE, in furtherance of the foregoing recitals, the developer does hereby
petition the City as follows:
1. In order to assure the continued maintenance, operation, and servicing of the
Improvement Areas and Landscape Improvements, and the payment of the cost and
expenses incurred for such maintenance, operation, and servicing, the Developer
hereby requests that the City annex the Property in Santa Clarita Maintenance
District No. 1 as Zone No. 8 (hereinafter referred to as the "District") pursuant of
the "Landscaping and Lighting Act of 1972," as set forth in Part 2 of Division 15
(Section 22500, et seq.) of the Streets and Highways Code of the State of California
in accordance with this Petition.
2. The Developer requests that the Property to be incorporated and annexed into the
District, consist of all of the Property referenced as parcel "A" and Parcel "B" of the
recitals hereinabove, and shall become annexed as Zone No. 8. The initial annual
assessment shall be $210 per parcel and the base rate may increase at an annual
amount based upon the increase in the Consumer Price Index for the Los Angeles
Area (CPI). Upon development of the property described as parcel "B", the per unit
cost should reduce by about half.
3. As the owner of all of the real property to be annexed into the District, the Developer
hereby waives all resolutions, notices, and statutory hearings of objections and protests by
interested property owners to the proposed annexation.
4. In consideration of the approval of the annexation into the District by the City, the
Developer hereby proposes as follows:
a. To consent to the establishment of an annual assessment for the property being
annexed into the District in an amount reasonably determined by the City to cover all costs and
expenses incurred for the continued maintenance, operation, and servicing of the Landscape
Improvements for Zone 8 of Santa Clarita Maintenance District No. 1.
b. To construct Landscape Improvements as may be reasonably required by the City;
c. To bear all costs to complete the construction or other installation of the Landscape
Improvements on those portions of the Improvement Areas located in Tract No. 52354 to the
reasonable satisfaction of the City;
d. To cast a ballot authorizing the levy of assessments in the District to pay the costs
and expenses of the continued maintenancei operation, and servicing of the improvements; and
e. Pay assessments levied for the first fiscal year (1998-99) upon the landscape
assessment district in which the property is located prior to the submittal to the City
Council of any associated final subdivision map.
5. The Developer hereby requests that the annexation of the Property into the District
set forth hereinabove satisfy the City's landscape condition to its approval of the Project as
referenced in the recitals hereinabove. The landscape maintenance and easement areas to be
administered and maintained by the District are shown on the attached Landscape
Maintenance District Map.
DEVELOPERIOWNER
Owner's Name:
ALL SIGNATURES TO BE NOTARIZED:
NED: 9;\pr\district\apt52354.doc
BALLOT
SANTA CLARITA LANDSCAPE MAINTENANCE
DISTRICT NO. 1, ZONE 8
A.P.N.: 2842-006-022 Tract No. 52354
2842-006-020 Lots 1 through 39
OWNER OF RECORD: Jenna — Santa Clarita, L.L.C.
YES: I approve of the proposed landscape maintenance annual assessment of $210 on each
of the parcels identified on this ballot.
NO: I do not approve of the proposed landscape maintenance assessment of $210 on each
of parcels identified on this ballot.
I hereby declare, under penalty of perjury, that I am the record owner, or the authorized
representative of the record owner, of the parcel identified above.
Signature of record owner or Date
authorized representative
ENGINEER'S REPORT
CITY OF SANTA CLARITA
LANDSCAPE MAINTENANCE DISTRICT NO. 1, ZONE 8
1998-99 FISCAL YEAR
SECTION 1. Authority for Report
The Report is in compliance with the requirements of the Right to Vote on Taxes Act and the
Landscaping and Lighting Act.
SECTION 2. General Description
The developer has submitted a written request to the City to annex this area into a landscape
maintenance district to provide for ongoing maintenance of landscaped areas. The
maintained area includes a landscaped strip along Valencia Boulevard with a meandering
sidewalk and rail fence to be annexed into Landscape Maintenance District No. 1 as Zone 8.
The adoption of resolution 98-119 will annex this landscaped area located at Tract No. 52354
into the City's maintenance district to provide for on going landscape maintenance.
SECTION& Right to Vote on Taxes Act (Proposition 218)
On November 5, 1996, the electorate approved Proposition 218, Right to Vote on Taxes Act,
which added articles XIII C and XIII D to the California Constitution. The Proposition
affects all assessments upon real property for a special benefit conferred on the property.
Assessments imposed under the Landscaping and Lighting Act of 1972 are these types of
benefit assessments.
Each and every parcel included in the zone was conditioned to install landscape
improvements before the development could proceed. In order to preserve the investment in
the landscape improvements, the developer was conditioned to annex to Landscape
Maintenance District No. 1. The developer, who did own all of the parcels subject to the
assessment, agreed to the formation or annexation and the assessments being imposed.
SECTION 4. Improvements
Landscaping and irrigation improvements installed in Tract No. 52354, and the maintenance
and servicing of said improvements. The improvements include the median improvement
and street trees. There is approximately 13,000 square feet of landscaping.
SECTION 5. Estimated Improvement Costs
The total annual assessment shall be $210 per parcel and will be apportioned equally over
each of the single-family residential parcels and over each parcel, in proportion to the
number of residential units these parcels may be subdivided into in the future. Tract 52354
is proposed to be subdivided into 39 residential lots. The maintenance shall include all
landscape maintenance, utilities, administration, and repairs. The amount may increase
after the first year of operation by an annual rate based upon the increase in the consumer's
price index for the Los Angeles County area. The total initial annual assessed amount for
Landscape Maintenance District No. 1 including Zone 8 is to be $210.
SECTION 6. Assessment
This zone receives a direct benefit from the maintenance of the landscape improvements
installed in the zone only, and does not share in costs associated with other zones. Each and
every parcel within the zone may enjoy, and benefits equally from the maintenance of the
landscape improvements in their area. The zone may also pay all direct water costs to keep
the landscaping alive and well, and will benefit and be assessed for the costs associated with
the Engmeer's Report and district administration to ensure that the required landscaping
will be maintained to the standards established by the City and anticipated when the
improvements were initially required.
Submitted by:
Richard L. Kopecky, RCE 16742
Engineer of Work
Comci1\agn52354.dm
September 24, 1998
F --
Engineers Report
ASSESSMENT BUDGET
Exhibit "B"
ZONE #8 - Tract 52354 at Friendly Valley and Sierra Highway
401-61830 - REVENUES 1999/00 - Full Year
of Parcels Rate Assessment Revenue
Benefit Assessment Revenue 39 !F210 $8,190
14,120 Square Feet .32 Acres
Medians and street trees
99/00 Total Operating Revenue $8,190
7528 - EXPENDITURES
7011
Staff
7374
Water
7371
Electric
8001
Weed & Pest Control
Landscape Contract
Contr. Svcs Capital Project Costs
Non Contract Work
Contingency
Levy amount for Installments
Contract for annual report
Contract for inspection
9510
Admin/Overhead
99/00 Total Operating Expenditures
401-61830 - 98/99 REVENUES
Deposit from developer for inspections & initial maintenance
7528 - 9M9 EXPENDITURES
8001 98199 Total Operating Expenditures
s:\pr\district\budgtlmd.xis
8-52354
Page 1
$450
$1,000
$150
$70
$3,000
$2,000
$150
$75
$70
$325
$900
$8,190
$3,000
$3,000
9/23/98 8:10 AM