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Home My WebLink About2000-08-22 - AGENDA REPORTS - SMD 1 ANNEX 2000-L15 (2)CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING DATE: August 22, 2000 City Manager Approva Item to be presented by: CurtisNay SUBJECT: APPROVAL OF THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR SANTA CLARITA STREErILIGHT MAINTENANCE DISTRICT NO. 1 AS ANNEXATION NO. 2000-L15, TRACT NO. 46626 (RYLAND HOMES) DEPARTMENT. Transportation & Engineering Services 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. As a condition of the approval of Tract No. 46626, located in the vicinity of Whites Canyon Road and Nadal Street, streetlight improvements are required. Ryland Homes of California, Inc., hereinafter referred to as the "Developer," has agreed to install or provide funds for all the necessary streetlight improvements as required as a condition of the tract approval and has signed a petition requesting the annexation of this streetlight maintenance into Santa Clarita Streetlight Maintenance District No. 1 as Annexation No. 2000-L15. This annexation will provide for the continued maintenance of these improvements after they are installed and accepted by the City. On August 22, 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 Developer provided the City a signed and notarized petition and assessment ballot giving approval to the annexation of property into the District. By signing the petition, the Developer has waived the statutory time period for holding the public hearing, noticing, and right to majority protest at the public hearing and has 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. 00 "'1 Agenda Item:-..&, 4-001�d-- APPROVAL OF THE ANNEXATION OF TERRITORY ANNEXATION NO. 2000-1,15 August 22, 2000 — Page 2 It is estimated that the improvements will be accepted after July 1, 2000. The resolution annexes Tract No. 46626 into Streetlight Maintenance District No. 1 as Annexation No. 2000-L15. The proposed annual assessment is $50.00 per parcel for the 138 proposed residential parcels for a total of $6,900.00. 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 the 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 of Territory Exhibit "A!'- Location Map Engineer's Report (available in the City Clerles Reading File) PY:lkI muxa\L16phA. 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-L15, TRACT NO. 46626 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-L15, Tract No. 46626. The hearing will be held by the City of Santa Clarita City Council in the City Hall Council Chambers, 23920 Valencia Boulevard, Ist floor, on the 22nd day of August 2000, at or after 6:30 p.m. I The City Council, pursuant to the Landscaping 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 =g-9ubd\W%Hghfing\L15phnot.dw EXHIBIT A CITY OF SANTA CLARITA CALIFORNIA TIUCrUAPNO."626 STREETLIGHT MAINTENANCE DISTRICT NO. I ANNEXATION NO. 9000-LlG VICIN17Y MAP W -M OWA KEY M" milmlim PROPOSED ANNEXAMON NO. 2000 -LIG BOUNDARY rowav M1 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, Ryland Homes, (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 Descriiotion: Tract No.: 46626 Assessor Parcel Number: 2812-010-008 and 2802-002-010 Location: Whites Canyon Road north of Soledad Canyon Road 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, 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 "N' 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 Improvementsmust be kept clean so as not to compromise the safety of the Streetligbt 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 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 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 XIIIC and XIIID to the California Constitution requires among 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 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 sole 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 Clarits. 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. I 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; and 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; and C. To consent to the Annexation into the District; and 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 subdvision map. DEVELOPER/OWNER: Ryland Homes oo-� Cft,,'wAw,-f -- ., T4c-. Date: ALL SIGNATURES TO BE NOTORIZED MY OF SANTA CLAREU CALIFORNIA TRACr MAP NO. "626 STREETLIGHT MAINTENANCE DISTRICT NO. I ANNEXATION NO. 2000-L15 VICINIrY MAP W. "MW KEY M" CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of &9::) @nq�� ss. W I On LD\ 1^�l BRDQQ , before me, VA 1�q H 1�� & GoAlCiN vbh� ID(A - Date Name and Title W Wider (e.g., -Jame Deal, NcAary FkAPIC) personally appeared — — — — — — — — — — — — Vpersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person(� whose name(K ism/ subscribed to the within instrument and acknowledged to me that he1Vr>4y executed a the same in his/ ,per/tYeir authorized capacity(/6), and that by hisIVrItWr signaturejo) on the instrument the persorl or the entity upon behalf of which the personK )d the instrument. WITNESS my hand and official seal. 6111, tA Place Noiary Seal Above %j Signatune of Nmry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying 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: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: 0 Individual 0 Corporate Officer — Title(s): 0 Partner — 0 Limited OGeneral a 00 Attorney in Fact T tee ru:r i� Gu d an or Conservator Other: Signer Is Representing: Number of Pages: RIGHITTHU �BPRHNT OF SIC NER I 0 leas NabcdnM YttaN Axxxxalafl�, M On 5ft An., P.O. Box M, CA 91 M2402 * �nafixxuroum.*% Pice. No. W7 lemxre, can 1�6�6827 SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT No. 1 ANNEXATION No. L15 TRACT NO. 46626 A.P.N.: 2812-010-008 2802-002-010 OWNER OF RECORD: Ryland Homes I approv� of the proposed streetlight maintenance assessment of $3,450 on each of the lots or parcels identified on this ballot for a total of $6,900 for the annexation. 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 $3,450 on each of the lots or parcels identified on this ballot for a total of $6,900 for the annexation. 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. (0 SignitGre of record �ow��ner �®r Date authorized representative CALIFORNIA ALL-PURPOSE ACKNOWLEOOMrNT State of California County of 9.6)6 as. On,WPIQ= beforeme, D.te Na � Mide personally appeared HWY— (!�,�wax ------------- J97personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(v� whose na4(s) is/W6 subscribed to the within instrument and acknowledged to me that heleeJWey executed the same in hlsi`Orl�Wir authorized capacitYXs), and that by his/)grieeir signatur*) on the instrument the person(tl, or the entity upon behalf of which the persor4a� acted, executed the instrument. VTNESS my hand and official seal, Xqt:!A h- t, Mwe Nowry S"t Abo" �,j Ssgm� w Nmry Pum, - OPTIONAL Though the information below is not required by law, ft may prove valuable to persons relying 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual 0 Corporate Officer — Title(s): 13 0 Partner — 0 Limited 0 General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: RIGH UMBPRINT HU TH T T �JER ZF S�IC I ft��-�.CA0131�2"- �,.,V �� ft. M7 P�W�WNW�