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HomeMy WebLinkAbout1999-04-13 - RESOLUTIONS - ANNEX LMD 1 (2)RESOLUTION NO. 99-52 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 LANDSCAPE MAINTENANCE DISTRICT NO. 1", AS ZONE NO. T -42C, 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 Landscape Maintenance District No. 1,(the "District") and for the levy and collection of annual assessment within the proposed Annexed Area for the fiscal Year 1999/00, for the purposes provided therefor in the Act; and WHEREAS, Beazer Homes, (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 Description: Tract No. 48896-1, in the City of Santa Clarita, County of Los Angeles, State of California, currently known as Beazer Homes Development at Circle J Ranch. WHEREAS, the Developer is developing the Property as a residential project consisting of 95 single family homes (hereinafter referred to as the "Project"); and WHEREAS, as a condition to its approval of the recordation of the final Tract Map No. 48896-1 to be recorded on the Project, the City of Santa Clarita (hereinafter referred to as the "City") has required that the developer establish an open space lot and install landscape, irrigation, oak trees, street trees and other landscape 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, 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 landscape and irrigation 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 (T -42C) 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: 1. That the above recitals are true and correct. 2 That the devIopment is currently within the boundaries of landscape District T -42A and shall pay all assessments required for the maintenance of plants and irrigation within that zone. That the City hereby proposes to also annex Tract 48896-1 into the Santa Clarita Landscape Maintenance District No. 1, as Zone T -42C, generally located at Circle J Ranch Road and Via Princessa, and to levy annual assessments thereon to provide for the following work over the open space lot: Installation, construction or maintenance of any authorized improvements under the Act, including, but not limited to landscape and irrigation improvements and any 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. T -42C" to the Santa Clarita Landscape Maintenance District No. 1, when referred to separately and upon annexation will be included in the designation of the Santa Clarita Landscape 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, granting the City the right to maintain and service the landscape 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 landscape 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. This 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 the 8' day of June 1999 at the hour of 6:30 p.m., or as soon thereafter as possible, in the City Council Chamber at 23920 Valencia Blvd., 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. � A � a S,tos RO"O ,MLC�, ��� E ct EXHIBIT "A" Zone T -42C LOCA70N MAP SCALE. ''=­3CO' C:RC'-:' :ZANC;- ROAO CLEARMEN 3� 95 SINGLE FAMILY 2i'OJ99 !],�5 AM FY 1999-00 No. of acres No. of parcels Per parcel assessments ZONE T42 -C Tract 48896-1 at Circle.[ Ranch & Via Princessa 3.03 95 $530.00 Revenue from parcel assessments $50,350 From fund balance 0 Ad valorem, interest, other revenue 0 TOTAL COLLECTED $50,350 Account Numbers Expense Account Number Revenue Account Number Auditor Controller Account Personnel Overations & Maintenance 7371 Electric Utility 7373 Telephone Utility 7374 Water Utility 8001 Contractual Services Landscape Contract Insp. Contract 8110 Pest Control 8111 Extras 7400 Contingency 8601 Furniture & Fixtures 8610 EGuivment Total Operations & Maintenance 9510 Overhead Allocation 11.0% I 261 950 13.500 29,638 1,011 45,099 4,990 TOTAL STAFF, O&M, O/H + RESERVES 50,350 s:\pr\district\exhibitb.xls 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 Santa Clarita Landscape Maintenance District No. 1, 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, Beazer Homes of Southern California, 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: All lots of Tract No. 44896-1, in the City of Santa Clarita, County of Los Angeles, State of California, as shown on map filed in Book —, Pages — to —, inclusive of maps, records of said County. Assessor's Parcel (Hereinafter referred to as the "Property"); and B. WHEREAS, the owner is developing the Property as a Single Family Residential development in 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"), he 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 (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 property is currently within the boundaries of the Circle J Ranch Zone No. T42A. The current rate is $465. This rate, with a possible adjustment for cost of living, is projected to remain the same for at least the next two years. The original rate set for Zone T42A was $624 per parcel per year and may increase annual based on the CPI. The properties may be assessed an amount between $0 and $624 for Zone T42A. The Developer requests that the Property also be incorporated into a Zone T42C and annexed into the District. Zone 42C shall consist of all of the Property referenced in Paragraph A of the recitals hereinabove. The Zone 42C is intended to maintain 3.2 acres of planted and irrigated slopes and 4.5 acres of weed abated area within the 8.8 acres of non -irrigated open space areas. The annual assessment for the first two years shall be $530 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 (CPD. The rate may increase after two years by $75 per parcel and may be adjusted annually by the CPI. The rate is based on the number of acres shown above. If the number of actual acres differs from the amount shown above, the rate may be adjusted up or down. The adjustment shall be made by calculating the per square foot cost of the assessment and pro -rating it over the additional square footage. 3. As the owner of all of the real property to be annexed into the District, the Developer hereby waives all 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 42C 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 1,,�pr,ove ents on those portions of the Improvement Areas located in Tract No. 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 maintenance, operation and servicing of the improvements for two years; and 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. DEVELOPEFJOWNER ell Owner's Name: 4,� k� ALL SIGNATURES MUST BE NOTARIZED: NED: d�\p*B�A. 8. The City Clerk shall certify to the adoption of this Resolution PASSED, APPROVED AND ADOPTED this i -At-.h day of Apri 1 , 19 go. ATTEST: - I W, 7 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 -4 +- b day of A p I 19-gi.;-- by the following vote of Council: AYES: COUNCILMEMBERS: Klajict Heidt, Perry, Weste, Darcy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK NED:Itk pr \district\ 44896res.doc