HomeMy WebLinkAbout2002-02-12 - RESOLUTIONS - LMD T1 ANNEX THREE DEVELOPMENT (2)RESOLUTION NO. 02-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, INITIATING
PROCEEDINGS FOR THE ANNEXATION OF THREE DEVELOPMENTS:
(Al) TRACT NO. 44831-03 (CREEKSIDE); (A2) PARCEL MAP 26125 (SMYTH DRIVE);
AND (A3) PARCEL MAP 25885 (SMYTH DRIVE) INTO SANTA CLARITA AREAWIDE
MAINTENANCE DISTRICT NO. Tl, THE ANNEXATION OF TWO DEVELOPMENTS
(13l) TRACT NO. 50484 (JACK-IN-THE-BOX); AND (B2) PARCEL MAP 25916 (FLYING
TIGER) INTO SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO 1,
ZONE 2, PRELIMINARILY APPROVING THE REPORT OF THE ENGINEER IN
CONNECTION WITH THE APPROVAL Or THE AN*TEXATIONS DETERMINING THAT
THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, DECLARING ITS
INTENTION TO ORDER THE APPROVAL OF THE ANENXATIONS AND FORMATION,
AND APPOINTING A TIME AND PLACE FOR HEARING PROTESTS
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 territory
within Tract No. 44831(Creekside), Parcel Map No 26125 (Smyth Drive), Parcel Map 25885
(Smyth Drive), Tract No. 50484 (Jack-in-the-Box), and Parcel Map 25916 (Flying Tiger),
(the "Annexations") to Santa Clarita Landscape Maintenance District No. Tl, and District
No. 1, Zone 2 (the "Districts") and for the levy and collection of annual assessment within
the proposed Annexations for the Fiscal Year 2001/2002, for the purposes provided
therefore in the Act; and
WHEREAS, the improvements to be installed, constructed or maintained within the
proposed Annexations 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 Reports, notices of hearing, and right of majority protest under the Act to the
territory included within the Annexations; and
WHEREAS, Proposition 218, the Right to Vote on Taxes Act does hereby require
that a notice of the proposed assessments along with ballots shall be mailed to all owners of
identified parcels within the Annexations; and
WHEREAS, the Annexations consist of the areas contained in Tract No 44831.03,
Parcel Map 26125, Parcel Map 25885, Tract No. 50484, and Parcel Map 25916; and
WHEREAS, the developers have submitted individual petitions to the City
requesting to have their developments be annexed into the Districts and formed into new
Annexations; and
WHEREAS, the developers, as stated in their individual petitions, may waive all
statutory notices of hearing and rights of majority protest by any interested property
owners within the and Annexations; and
WHEREAS the Engineer of Work has prepared and filed with the City Clerk of the
City of Santa Clarita and the City Clerk has presented to the City Council such reports
entitled "City of Santa Clarita Consolidated Engineer's Report, Annexations T1 -N, Assessor
Tract No 44831-03, (Creekside), Tl -O, Parcel Map 26125 (Smyth Drive), Tl -P, Parcel Map
25885 (Smyth Drive), Zone 2D, Tract No. 50484 (Jack-in-the-Box), and Zone 2E, Parcel Map
25916; (Flying Tiger)"; (the "Report") wb",h perta% s to the Districts and subsequent
Annexations; and
WHEREAS, the City has prepared and filed with the City Clerk, diagrams attached
as Exhibits A-1, A-2, and A-3, which are, designated Santa Clarita Areawide Landscape
Maintenance District No. Tl Annexation Nos. Tl -N, Tl -O, Tl -P, to be annexed into Santa
Clarita Areawide Landscape Maintenance District No. Tl, Exhibits A-4, and A-5, which
are, designated Santa Clarita Landscape Maintenance District No. 1 Annexation Nos
Zone 2D, and Zone 2E to be annexed into Santa Clarita Landscape Maintenance District
No. 1 showing the proposed boundaries of the territory to be formed into the Annexations
which are benefited by the construction of the improvements and the amount to be assessed
against each of the parcels within the proposed Districts; and
WHEREAS, the diagrams and assessments 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 diagrams,
assessments, and the proceedings 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 The City Council hereby proposes to levy and collect assessments against the
lots and parcels of land within such Annexations to pay for the costs and expenses of the
improvements described in Section 3 hereof for the fiscal year commencing July 1, 2001 and
ending June 30, 2002, pursuant to the Landscaping and Lighting Act of 1972, being Part 2
of Division 15 of the Streets and Highways Code (the "Act") and as provided by
Article XIII D of the California Constitution.
3. That the City hereby proposes to annex territories to the Santa Clarita
Areawide Landscape Maintenance District No. Tl and Landscape Maintenance District
No. 1, Zone 2; and to levy annual assessments thereon to provide for the following work:
Installation, construction or maintenance of any authorized improvements under the
3
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.
4. That the developers hereby waived, by separate petitions, all statutory
notices of hearing and rights of majority protest by any interested property owners within
the Annexations.
5. The City hereby designates MuniFinancial, a Willdan Company as the
Engineer for the purposes of these proceedi • 3s and o- 4ers the Engineer to prepare and file
with the City Clerk written reports (the `Report") in accordance with Article XIII D,
Section 4, of the California Constitution and Article 4 (commencing with Section 22565) of
Chapter 1 of the Act for Fiscal Year 2001/2002 commencing July 1, 2001 and ending
June 30, 2002. Such Reports shall refer to the Annexations by their distinctive designation.
6. The diagrams, which indicate the extent of the territory proposed to be
annexed and formed into the Districts by a boundary line, are hereby declared to describe
the proposed boundaries of the proposed formations and annexations to the Districts and
shall govern for all details as to the extent and locations of said annexations.
7. This City Council is satisfied with the correctness of the diagrams and
assessments including the proceedings and all matters relating thereto.
8. Notice is hereby given that 12' day of February, 2002 at 6:00 p.m. in the
Council Chambers of the City Hall of the City of Santa Clarita, 23920 Valencia Boulevard,
Santa Clarita, California, 91355, is the time and place fixed for a public hearing by the City
Council on the question of the levy and collection of assessments for Fiscal Year 2001/2002
against the lots and parcels of land within the Annexations. At the hearing, all interested
persons shall be afforded the opportunity to hear and be heard. Procedures of the City
applicable to the completion, return and tabulation of the ballots required pursuant to
Article XIII D, Section 4 of the California Constitution are on file in the office of the City
Clerk and open to public inspection.
9. The City Council hereby finds (1) that the public interest and convenience
requires and (2) declares its intention to order the approval of the Annexations of territory
and to levy and collect assessments against the assessable lots and parcels of land within
such Annexations for that portion of the fiscal year commencing July 1, 2001 and ending
June 30, 2002 to pay the costs and expenses of the maintenance of the improvements
described in Section 4. If the assessments proposed by this resolution are approved by the
property owners pursuant to a mailed ballot election conducted in accordance with
Article XIII D of the California Constitution, the City Council in subsequent fiscal years
may thereafter impose the assessment at any rate of amount that is less than or equal to
the amount authorized for Fiscal year 2001/2002, increased each year based upon the
Consumer Price Index, All Urban Consumers, for the Los Angeles -Anaheim -Riverside area
("CPP') as determined by the United States Department of Labor, or its successor without
conducting another mailed ballot election. The Engineer shall compute the percentage of
difference between the CPI for March of each year and the CPI for the previous March, and
n
shall then adjust the existing assessment by an amount not to exceed such percentage for
the following fiscal year. Should the Bureau of Labor statistics revise such index or
discontinue the preparation of such index, the Engineer shall use the revised index or a
comparable system as approved by the City Council for determining fluctuations in the cost
of living.
10. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 12th day of February, 2002.
MA OR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA)
I, Sharon Dawson, CMC, 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 12th day of February, 2002, by the
following vote of Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NEDatk
Pr\district\resolutions\LMDs ex2.12cc.doc
Smyth, Weste, Darcy, Kellar, Ferry
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