HomeMy WebLinkAbout2002-03-26 - RESOLUTIONS - SMD 1 AVE SCOTT (2)RESOLUTION NO. 02-38
1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, INITIATING PROCEEDINGS AND APPROVING
THE ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY
KNOWN AS 27727 AVENUE SCOTT INTO THE CITY OF SANTA CLARITA
STREETLIGHT.MAINTENANCE DISTRICT NO. 1, AS ANNEXATION NO. 2002-1,35,
DECLARING THE CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY
AND COLLECT ASSESSMENTS, 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
WHEREAS, 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
territory (the "Annexed Area") to Santa Clarita Streetlight Maintenance District No. 1 (the
"District"), and declares the City's intention to order the annexation of the Annexed Area for
the levy and collection of annual assessment within the Annexed Area for Fiscal Year 2002103,
for the purposes provided therefore in the Act; and
WHEREAS, Snyder Family Living Trust (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:
27727 Avenue Scott, in the City of Santa Clarita, County of Los Angeles, State of
California, currently known as Assessor Parcel Nos. 2866-012-022 and -023; and
WHEREAS, the Developer is developing the Property as a commercial development
(hereinafter referred to as the "Project"); and
WHEREAS, as a condition to its approval of the recordation of 27727 Avenue Scott 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 within the Project, more
particularly shown as Streetlight Improvement Areas (hereinafter referred to as the
"Improvement Areas") on Exhibit "A" attached hereto, be improved with street lighting and
related improvements to a standard acceptable to the City, and that the Developer provide a
means satisfactory to the City for ensuring 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, 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 proposedassessment 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 then 45 days after the mailing of said notice; and
WHEREAS, the Annexation consists of the development known as Assessor Parcel
Nos. 2866-012-022 and -023; and
WHEREAS, the Developer has submitted a petition to the City requesting to have the
development annexed into the City Streetlight Maintenance District No. 1; and
WHEREAS, the Developer, as stated in the petition, may waive all statutory notices of
hearing and rights of majority protest by any interested property owners within the
Annexation; and
WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is
designated Proposed Annexation No. 2002-L35 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 City has ordered the preparation of an Engineer's Report in accordance
with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code
giving a description of the annexation; and
WHEREAS, the Engineer's Report, diagram, and assessments have been approved and
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 Engineer's Report,
diagram, assessments, 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:
SECTION 1. That the above recitals are true and correct.
SECTION 2. The City Council hereby finds (1) that the public interest, convenience,
and necessity require the maintenance of a street lighting system; and (2) declares its intention
to order the formation of the Annexation and to levy and collect assessments against the
assessable lots and/or parcels of land within such Annexation for that portion of the fiscal year
commencing July 1, 2002 and ending June 30, 2003, to pay the costs and expenses of the
maintenance of improvements described below. If the assessments proposed by this resolution
are approved by the property owners pursuant to a mailed ballot election conducted in
accordance with Article XIIID of the California Constitution, the City Council in subsequent
fiscal years may thereafter impose the assessment at any rate or amount that is less than or
equal to the amount authorized for Fiscal Year 2002/03, 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
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.
SECTION 3. That the City Council hereby proposes to annex to Santa Clarita
Streetlight Maintenance District No. 1 the Annexed Area generally located at
27727 Avenue Scott, also known as Assessor Parcel No. 2866-012-022 and -023, 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 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. 2002-1,35" to Santa Clarita Streetlight Maintenance District No. 1, when referred to
separately and upon annexation will be included in the designation of Santa Clarita Streetlight
Maintenance District No. 1.
SECTION 4. 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.
SECTION 5. 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.
SECTION 6. 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.
SECTION 7. The City Council is satisfied with the correctness of the diagram and
assessment, including the proceedings and all matters relating thereto.
SECTION'&. That notice is hereby given that on the 26th day of March 2002, at the
hour of 6:30gia.; or as soon- thereafter as possible in the City :Council Chamber 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.
SECTION 9. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this day 26th of March, 2002.
i
MAYOR
ATTEST:
W414 � �
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 Council of the City of Santa Clarita
at a regular meeting thereof, held on the 26th day of March, 2002, by the following vote:
AYES: COUNCILMEMBERS: Smyth, Weste, Darcy, Kellar, Ferry
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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