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2000-06-27 - AGENDA REPORTS - SMD 1 ANNEX 2000-L10 RYE CYN (4)
CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval Item to be presented Curtis Nay DATE: June 27, 2000 SUBJECT: APPROVAL OF THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1 AS ANNEXATION NO. 2000-L10, PARCEL MAP NO. 25649 (RYE CANYON ROAD) DEPARTMENT: Transportation and Engineering Services RECOMMENDED ACTION City Council conduct a public hearing and adopt a resolution approving the annexation of territory and the levy of assessments for Santa Clarita Streetlight Maintenance District No. 1. BACKGROUND As a condition of the approval of Parcel Map No. 25649, located in the vicinity of Newhall Ranch Road and Rye Canyon Road, streetlight improvements are required. Textron Inc. and NRRBP, LLC, hereinafter referred to as the "Developers," have agreed to install or provide funds for all the necessary on-site streetlight improvements as required as a condition of their tract approval and have signed a petition requesting the annexation of this streetlight maintenance into Santa Clarita Streetlight Maintenance District No. 1 as Annexation No. 2000-L10. This Annexation will provide for the continued maintenance of these improvements after they are installed and accepted by the City. On June 27, 2000, the City Council considered adoption of a resolution to initiate proceedings for the annexation of territory into the existing streetlight district. At that time, the Developers provided the City a signed and notarized petition and assessment ballot giving their approval to the annexation of their property into the District. By signing the petition, the Developers have waived the statutory time period for holding the public hearing, noticing, and right to majority protest at the public hearing, and have submitted an assessment ballot in favor of the annexation. Thus, the public hearing for the annexation can be held on the same date as the consent calendar item initiating the annexation. �'g� ANNEXATION OF TERRITORY INTO SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1 June 27, 2000 — Page 2 It is estimated that the improvements will be accepted after July 1, 2000. The resolution annexes Parcel Map No. 25649 into Streetlight Maintenance District No. 1 as Annexation No. 2000-L10. The proposed annual assessment is $250.00 per parcel for each of the proposed two parcels for a total of $500.00. The annexation of this territory is in compliance with Proposition 218. ALTERNATIVE ACTIONS 1. Do not approve the annexation. 2. Other action as determined by City Council. FISCAL IMPACT The annexation of this territory will ensure collection of future assessments from this property, which will offset the expenses incurred by the installation of the necessary streetlights for this project. This annexation will provide for the continued maintenance of these improvements after they are installed and accepted by the City. ATTACHMENTS Resolution Approving the Annexation Territory Exhibit "A" — Location Map Engineer's Report (available in the City Clerk's reading file) PY:lkl mmciRphl.doc CITY OF SANTA CLARITA NOTICE OF A PUBLIC HEARING TO CONSIDER THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS WITHIN SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1 AS ANNEXATION NO. 2000-L10, PARCEL MAP NO. 25649 (RYE CANYON ROAD) PUBLIC HEARING NOTICE IS HEREBY GIVEN: A public hearing will be held before the City Council of the City of Santa Clarita to consider the approval of the annexation of territory and the levy of assessments within Santa Clarita Streetlight Maintenance District No. 1 as Annexation No. 2000-L10, Parcel Map No. 25649 (Rye Canyon Road). The hearing will be held by the City of Santa Clarita City Council in the City Hall Council Chambers, 23920 Valencia Boulevard, 1st floor, on June 27, 2000, at or after 6:30 p.m. The City Council, pursuant to the Landscape and Lighting Act of 1972, being a Division of the Streets and Highways Code of the State of California (the "Act"), desires to annex the territory and to levy assessments within Santa Clarita Streetlight Maintenance District No. 1. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the City Clerk's office, Santa Clarita City Hall, 23920 Valencia Boulevard, Suite 301, Santa Clarita, California 91355. If you wish to challenge this action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Council, at, or prior to the public hearing. Sharon L. Dawson, CMC City Clerk PY:lkl mg-$ubd\PV\h9hbn \phn0t1.dw I SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT No. 1, ANNEXATION No. L10 A.P.N.: Parcels 1 and 2 of Parcel Map No. 25649 APN 2866-007-051 and 2866-007-038 OWNER OF RECORD: Textron, Inc. YES: I approve of the proposed streetlight maintenance assessment of $250.00 on each of the lots or 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 $250.00 on each of the lots or 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. Sign ture o record eN— Date authorized representative Y'J' V( V7E DY r? DO:'LE, Nc my P, -Ni My Commission Expires Aug us> I, 2C3r ]ALLOT SANTA CLARITA STREETLIGHT MAIMMNANCE DISTRICT No. l ANNEXATION No. 2000-L10 A.PN.: Parcels 1 and 2 of Parcel Map No. 25649 3 APN 2866-007-051 and 0866.007-03g O' � OF RECORD: NRRBP, LLC YES: approve of the proposed annual streetlight maintenan each of the IOt3 or parcels identified on this ballot, ce assessment of $250,00 on The assessment may be adjusted annually by the cost of living based on a factor calculated by using the County of toe Angeles Consumer Price Index iCpn. N0: I do not approve of the proposed annual streetlight maintenance assessment of $250.00 on each of the lots or parcels identified on this ballot I hereby declare, under penalty of perjury, that representative of the record owner of the I am the record owner or the authorized Parcel identied above. iho2tative or ►i Y Date JUN.26.2000 12:10PM N0.528 P.3i8 CALIFORNIA ACKNOWLEDGMENT State of California L o s e/es County of _ �'1 OnCO 0� ,before me, f1Yla `'f Ila DaraNana and T/he personally appeared b a v f d Ma r L" L ANA M. ADAMS CWM *MW 112OM NW My Comnm.Bo"Fab1QM14 ❑ proved evidence awe Q ki P"Jo fl, known to me me on the basis of satisfactory to be the person;4 whose nameX Ism subscribed to the within instrument and acknowledged to me that he4h&4ey executed the same in his/heWhiak authorized capacit4(iao, and that by his/keMgeif- signatureWon the instrument the personA, or the entity upon behalf of which the person' acted, executed the instrument. WIT S my hand a offcial seal. �C. PIP= Notary SoG Mwo afe wie el Nary Pub;le OPTIONAL Though the iMormatlon below is not required by law, It may prove valuable to persons relying on the document and could prevent freudutent .removal and raatfachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Number of Pages: Signer's Name: _IMMURUMUMMIM ❑ Individual ropoMMM.f tMumb ere G Corporate Officer — Title(s); ❑ Partner —M limited Q General ❑ Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CiB6a Aefb^al NaNry ABBxe'at9n•095e Po Sow Aw.,PA. Dux a4G:•Clxxxw��, CAa9ata•R402•xuw.rmkrwkic7Na9 Prat Vo,=7 Rmldu: W h4Fae t.aaron w JUN.26.2000 12:11PM PX 7TION N0.528 P.4/8 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 DISTRICT NO, i 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, NRRBP, LLC (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: Iwai Description: Parcel Map: Parcels 1 and 2 of PM 25649 Assessor Parcel Number: 2866-007-051 and 2866-007.038 Location: SE corner of Newhall Ranch Road and Rye Canyon Road B. WHEREAS, the owner is developing the Property as a commercial industrial 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; 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 th assuring the continued maintenance, operation and servicing of the e City for Streetlight Improvements; and • WHEREAS' the Improvement Areas and Streetlight Improvements must be kept cleanso 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 subsequent the Property into individual lots for the specific benefit and sale to owners, the Developer and/or successors of interest were required to complete SUN.26.2000 12:11PM NO.5EB P.5/8 the annexation process for inclusion into the City's Streetlight Maintenance District No. 1; and I• 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 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 XIIIC and XEM to the California Constitution, requires amoag other things that all new assessments must comply with the Act; and K WHEREAS, 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, and 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 4&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 X WHEREAS, all of the benefit is a special benefit to the Property and the parcels to be created; and o. WHEREAS, the proposed assessments upon the Property and the parcels to be and Oma will be for the special benefit to be received by the Property from the improvements; P. WMREAS, 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. JUN.26.2000 12:12PM NO. 528 P.6i8 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 the City of Santa Clarita Streetlight Maintenance 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 the City of Santa Clarita Streetlight Maintenance District No. 1 consisting of all of the property referenced in Paragraph A of the recital 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 22606 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; JUN.26.2000 12:13PM N0.528 P.7/8 e. To pay the assessments levied against the Property for the fust fiscal year in which they are levied prior to the submittal to the City Council of any associated final subdivision map. 6-212-0© Date SUN.26.2000 12:13PM State of California County of LpS frU! des On " /"6 OO , before me, personally appeared � ANAaniMADAME ��CAtraWri N 12Sli74 Wr Q CM* wyt�ontm.ep.:reiaa� "U. JCC r.o/o r',(. fij Mfi ! rayl 2 personally known to me proved to me on the basis of satisfactory evidence to be the personoY whose name,(%] isfew subscribed to the within instrument and acknowledged to me that he W;aAk7 executed the same in hisAmtabalc authorized capacityaes4r and that by his/hei4theif signatureja f on the instrument the personX.. or the entity upon behalf of which the perscrX acted, executed the instrument. WITNES y hand an offl ' I seal. Plxe No" Sftl ACoWt Signap of Notary PUMi; OPTIONAL Though the Information below is not required by taw, it may prove valuable to parsons Mtying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual r, r Corporate Officer—Title(s): _ Partner -0 Limlted ❑ General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: 01=Nedmol Mvby Ams 1tioi.a 00 Sdn Ave.,0.o, 9m24M•CtMWWDM, CA 9412-24da Prod Ya 690 fiBeMx call Tal:-Fb--M-876EBSr •� dr %„-4o—t' ..Stn � y,a .::�, rr � '.'.rti ~�•..,-.' �s—f � x�. ,•,ter sy^sv CITY OF SANTA CLARITA CALIFORNIA PARCEL MAP NO. 25649 ANNEXATION 2000-L7 0 STREET LIGHTING MAINTENANCE DISTRICT NO. 1 r C B CD O Z Q� KEY MAP 9 a PARCEL 1 15.34 ACRES PARCEL 2 18.11 ACRES V V PRoposo ANNEXATION 2000-L10 BOUNDARY r-