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HomeMy WebLinkAbout1999-05-11 - RESOLUTIONS - ANNEX 99-L2 SMD 1 (2)RESOLUTION NO. 99-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNEXATION OF CERTAIN TERRITORY INTO"SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. L"AS ANNEXATION NO. 99-L2, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO The City Council of the City of Santa Clarita, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California (the "Act"), desires to initiate proceedings for the annexation of certain property (the "Annexed Area") to the Santa Clarita Streetlight Maintenance District No. I (the "District") and for the levy and collection of annual assessment within the proposed Annexed Area for Fiscal Year 1999/00, for the purposes provided therefor in the Act; and WHEREAS, Beazer Homes, California Inc. (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 DescriRtio : Tract No. 44896, in the City of Santa Clarita, County of Los Angeles, State of California, currently known as Assess&s Parcel Numbers 2836-005-034, 040, 042, 043, 044, and 048 WHEREAS, the Developer is developing the Property as a residential project consisting of ninety-five (95) single-family units and one hundred fifty-six (156) multi- family units (hereinafter referred to as the "Project"); and WHEREAS, as a condition to its approval of the recordation of the final Tract Map No. 44896 to be recorded on the Project, the City of Santa Clarita (hereinafter referred to as the "City") has required that the developer install streetlight improvements adjacent to the Project, as more particularly shown as Streetlight Improvement Areas (hereinafter referred to as the "Improvement Areas") on Exhibit "A" attached hereto, be improved N�ith streetlighting 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 RESOLUTION NO. 99-56 May 11, 1999 — Page 2 WHEREAS, the improvements to be installed, constructed, or maintained within the proposed Annexed Area may include installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, streetlight improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof; and WHEREAS, Section 22608 of the Act limits the requirement for the resolutions, Engineer's Report, notices of hearing, and right of majority protest under the Act to the territory included within the annexation and waives these requirements with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require that a notice of the proposed assessment, along with a ballot, shall be mailed to all owners of identified parcels within the Annexed Area, and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is designated Proposed Annexation (99-L2) into Santa Clarita Streetlight 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: 1. That the above recitals are true and correct. 2. That the City hereby proposes to annex to the Santa Clarita Streetlight Maintenance District No. 1, the Annexed Area, generally located in the vicinity of Via Princessa and Circle J Ranch Road, also known as Assessor Parcel Numbers: 2836-005-034, 040, 042, 043, 044, and 048, and to levy annual assessments thereon to provide for the following work: Installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, streetlight improvements and any RESOLUTION NO. 99-56 May 11, 1999 — Page 3 facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. The distinctive designation for the proposed Annexed Area shall be "Annexation No. 99-L2" to the Santa Clarita Streetlight Maintenance District No. 1, when referred to separately and upon annexation will be included in the designation of the Santa Clarita Streetlight Maintenance District No. 1. 3. That the Property Owner has provided the City Council of the City of Santa Clarita a petition fully signed and notarized, waiving all statutory notices of hearing and notice periods, granting the City the right to maintain and service the streetlight improvements and gives consent to the establishment of an assessment for the proposed annexation of the property 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 streetlight improvements. 4. 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. 5. 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. 6. The City Council is satisfied with the correctness of the diagram and assessment, including the proceedings and all matters relating thereto. 7. That notice is hereby given that on June 22, 1999 at 7:00 p.m., or as soon thereafter as possible, in the City Council Chambers at 23920 Valencia Boulevard, in the City of Santa Clarita, the City will hold a public hearing to receive and tabulate all ballots with reference to the Annexed Area pursuant to the Right to Vote On Taxes Act. 8. The City Clerk shall certify to the adoption of this Resolution. RESOLUTION NO. 99-56 May 11, 1999 — Page 4 PASSED, APPROVED, AND ADOPTED this _L1 tbday of May '1999 . ATTEST: CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES as. CITY OF SANTA CLARITA I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City of Santa Clarita. at a regular meeting thereof, held on the 11 th day of May 19 99 by the following vote of Council: FEW" NOES: Flv-&�Z BM:lkl comal\m99-56.doc COUNCILMEMBERS: Weste, Klajic, Heidt, Ferry, Darcy COUNCILMEMBERS: None COUNCILMEMBERS: None JL-�� CITY CLERK EXHIBIT "A" STREET LIGHT DISTRICT ANNEXATION L2 - TRACT 44896 m- 0 t I'm 4W DISTRICT BOUNDARY PETITION 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 INTO CITY OF SANTA CLARITA STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1 PURSUANT TO THE "LANDSCAPING AND LIGHTING ACT OF 1972" BEING PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA A. WHEREAS, the petitioner, Beazer Homes, California Inc. (hereinafter referred to as the "Developer") is the sole owner of that certain real property (hereinafter referred to as the "Property") located in the City of Santa Clarita, County of Los Angeles, State of California (hereinafter referred to as the "City"), more particularly described as follows: Legal Descrii)tion: TRACT No. 44896 Assessor Parcel Numbers: 2836-005-034, 040, 042, 043, 044, and 048 Being a subdivision of blocks 23, 24, 25, 30, 31, 32, 50, 51, 52, 53, and 56, and portions of lots A, S, and U, of Tract No. 1801 B. WHEREAS, the owner is developing the Property as a residential development in the City, (hereinafter referred to as the "Project"); and C. WHEREAS, in order to provide buildable sites on the Property, grading will be necessary to comply with the Building Code of the City of Santa Clarita; and D. WHEREAS, the necessary grading of the Property will cause the need for streetlighting (hereinafter referred to as the "Streetlight Improvements") to be installed by the Developer to a standard acceptable to the City in those certain areas within the Project which are more particularly shown and described on Exhibit "A" attached hereto (hereinafter referred to as the "Improvement Areas"); and E. WHEREAS, these Streetlight Improvements must be maintained, operated, and serviced; and F. WHEREAS, the Developer must provide a means satisfactory to the City for assuring the continued maintenance, operation and servicing of the Streetlight Improvements; and G. WHEREAS, the Improvement Areas and Streetlight Improvements must be kept clean so as not to compromise the safety of the Streetlight Improvements; and H. WHEREAS, as a condition of the grading and as a condition established for the subdivision of the property into individual lots for the specific benefit and sale to subsequent owners, the developer and/or successors of interest were required to complete the annexation process for inclusion into the City's Streetlight Maintenance District No. 1; and 1. WHEREAS, pursuant to the "Landscaping and Lighting Act of 1972," being Part 2 of Division 15 of the Streets and Highways Code of the State of California, the City may establish a streetlight maintenance assessment district to provide for the continued maintenance, operation, and servicing of the Streetlight Improvements, and for the payment of the costs and expenses incurred for such maintenance, operation, and servicing; and J. WHEREAS, the Right to Vote on Taxes Act (hereinafter referred to as the "Act"), which added Articles XHIC and XIIID to the California Constitution, requires among other things that all new assessments must comply with the Act; and K. VYHEREAS, the Act also requires that the City Council conduct a public hearing not less than 45 days after mailing a notice of the proposed assessment to record owners of each parcel which will have a special benefit conferred upon them and upon which an assessment will be imposed. L. WHEREAS, the California Civil Code, Section 3513, allows anyone to waive the advantage of a law intended solely for their benefit; and M. WHEREAS, the 45 -day period before the conduct of the public hearing is not established for a public reason but is solely for the advantage of the parcels having a special benefit conferred upon them and which an assessment will be imposed; and N. WHEREAS, all of the benefit is a special benefit to the property and the parcels to be created; and 0. WHEREAS, the proposed assessments upon the property and the parcels to be created will be for the special benefit to be received by the property from the improvements; and P. WHEREAS, the Developer is the owner of the real property to be benefited by the Streetlight Improvements, and the maintenance, operation, and servicing thereof; and WHEREAS, the Act does not prohibit a waiver of the 45 -day noticing period. 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 Streetlight 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 into City of Santa Clarita Streetlight Maintenance Assessment District No. 1 pursuant to the "Landscaping and Lighting Act of 1972" being Part 2 of Division 15 of the Streets and Highways Code of the State of California. 2. The Developer requests that the territory to be annexed into City of Santa Clarita Streetlight Maintenance Assessment District No. 1 consist of all of the property referenced in Paragraph A of the recitals hereinabove. The total annual assessment shall be divided among the parcels of the Property in accordance with benefit received. Such assessment may be increased annually by an amount corresponding to the increase in the Consumer Price Index (CPI), all Urban Consumers for the Los Angeles -Anaheim -Riverside area. If the assessment is not increased by a CPI in some years, the amount may be increased in subsequent years by an amount corresponding to the cumulative increases in the CPI. 3. As the owner of all of the real property to be placed into the District, the Developer hereby waives all statutory notices of hearings and rights of majority protests by interested property owners in the proposed Annexation per Section 22608 of the Streets and Highways Code. 4. As the owner of all of the real property, which receives a special benefit and is the only property proposed to be assessed for the special benefit, the Developer hereby waives all statutory notice periods per the Act. 5. In consideration of the approval of the Annexation into the District by the City, the Developer hereby proposes as follows: a. To install Streetlight Improvements (including, but not limited to, all appurtenances as may be reasonably required by the City; b. To bear all costs to complete the construction or other installation of the Streetlight, Improvements on those portions of the Property to the reasonable satisfaction of the City; C. To consent to the Annexation into the District; d. To consent to and cast a ballot authorizing the levy of assessments against the Property in an amount reasonably determined by the City to cover all costs and expenses incurred for the continued maintenance, operation, and servicing of the Streetlight Improvements; and e. To pay the assessments levied against the Property for the first fiscal year in which they are levied prior to the submittal to the City Council of any associated final subdivision map. DEVELOPER/OWNER Owner's Name: Date ALL SIGNATURES TO BE NOTARIZED BM:W munciINm99-56.dm BALLOT SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 99-L2 TRACT NO. 44896 A.P.N.: 2836-005-034, 040, 042, 043, 044, and 048 OWNER OF RECORD: YES: I approve of the proposed streetlight maintenance assessment of $2,092.00 on each of the parcels identified on this ballot. The assessment may be adjusted annually by the cost of living based on a factor calculated by using the County of Los Angeles Consumer Price Index (CPI). NO: I do not approve of the proposed streetlight maintenance assessment of $2,092.00 on each of the 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 BM:Ikl �uncikm�-M,d�