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HomeMy WebLinkAbout2003-01-28 - AGENDA REPORTS - SMD 1 ANNEX L47 (3)CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: Item to be presented by: Curtis L. Nay DATE: January 28, 2003 SUBJECT: ANNEXATION OF TERRITORY INTO SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1 AS ANNEXATION NO. 2003-L47,17861 SIERRA HIGHWAY DEPARTMENT: Transportation & Engineering Services RECOMMENDED ACTION City Council adopt a resolution to initiate annexation proceedings for Annexation No. 2003-L47 into Streetlight Maintenance District No. 1; approve the Engineer's Report; declare the City's intention to annex territory; and set the public hearing for January 28, 2003. As a condition of the approval of Assessor Parcel No. 2839-018-003, located at 17861 Sierra Highway, streetlight improvements are required. Rosanna Haddad, hereinafter referred to as the "Developer," has agreed to install or provide funds for all necessary on-site streetlight improvements as required as a condition of the approval of the aforementioned parcel. The Developer has signed a petition requesting the annexation of this streetlight maintenance into Santa Clarita Streetlight Maintenance District No. 1(District) as Annexation No. 2003-L47. This annexation will provide for the continued maintenance of these improvements after they are installed and accepted by the City. The Developer has provided the City with a signed petition and an assessment ballot giving approval to the annexation of the property into the District. By signing the petition, the Developer has waived the time period for holding the public hearing, the noticing, and the 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 items initiating the annexation. It is estimated that the improvements will be accepted after construction is completed. The funds for maintenance costs will be collected on the Fiscal Year 2003/2004 Tax Roll. It is the City's intention to annex Assessor Parcel No. 2839-018-003 into Streetlight Maintenance District No. 1 as Annexation No. 2003-1,47. The proposed annual lighting maintenance assessment is $300.00 per lot (1 lot), for a total of $300.00. The annexation of this territory is in compliance with Proposition 218. Agenda Item: STREETLIGHT MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 2003-L47,17861 SIERRA HIGHWAY January 28, 2003 — Page 2 ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT The annexation of this territory will provide funding for the maintenance of the street lighting for the territory mentioned above. The estimated revenues and expenditures collected from the annexation for annual maintenance will be $300.00. Resolution Initiating Annexation Proceedings Exhibit "A" - Location Map Petition (available in the City Clerk's reading file) Ballot (available in the City Clerk's reading file) Engineer's Report (available in the City Clerk's reading file) GAG:twb council \ 2003-L47cc. doc &#4sago &=aa ANNEXATION NO. 2003-1-47 Exhibit "A" 17861 Sierra Highway = N Map Vew Style 17861 Sierra Highway �- —�, �, �'A,�.� ��-�y�a •.'©' APN #2839-018-003 j`�R��}-n" �\\ Mfr 1 ���t'" ✓ �`f• a i � �_ Q 1� 15 FM 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 TO BE KNOWN AS ANNEXATION NO. 2003-L47 INTO 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 A. WHEREAS, the petitioner, Rosanna Haddad (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 Description: 17861 Sierra Highway in the City of Santa Clarita, County of Los Angeles, State of California, currently known as Assessor Parcel No. 2839-018-003 B. WHEREAS, the owners are developing the Property as a Auto Sales and Rental lot in the City (hereinafter referred to as the 'Project"); and C. WHEREAS, the improvements of the Property will cause the need for streetlights (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 D. WHEREAS, these Streetlight Improvements must be maintained, operated, and serviced; and E. WHEREAS, the Developer must provide a means satisfactory to the City for assuring the continued maintenance, operation and servicing of the Streetlight Improvements; and F. WHEREAS, the Improvement Areas and Streetlight Improvements must be kept clean so as not to compromise the safety of the Streetlight Improvements:. and G. WHEREAS, as a condition established for the development of the Property for the specific benefit and sale to subsequent owners, the Developer and/or successors of interest are required to complete the annexation process for inclusion into the City's Streetlight Maintenance District No. 1; and H. 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 I. WHEREAS, the Right to Vote on Taxes Act (hereinafter referred to as the "Act"), which added Articles XIII C and XIII D to the California Constitution, requires among other things that all new assessments must comply with the Act; and J. 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 K. WHEREAS, the California Civil Code, Section 3513, allows anyone to waive the advantage of a law intended solely for their benefit; and L. 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 M. WHEREAS, all of the benefit is a special benefit to the Property and the parcels to be created; and N. 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 O. WHEREAS, the Developer is the owner of the real property to be benefited by the Streetlight Improvements, and the maintenance, operation, and servicing thereof; and P. WHEREAS, the Act does not prohibit a waiver of the 45 -day noticing period. NOW, THEREFORE, in furtherance of the foregoing recitals, the Developer do 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 Developers hereby request 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 request that the territory to be annexed into the City of Santa Clarita Streetlight Maintenance District No. 1 consists 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 waive 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 waive 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 propose 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; C. 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 subdivision map. OWNER OF RECORD: Rosanna Haddad Signature of record owner or Date ' authorized representative BALLOT SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT No. 1 ANNEXATION No. 2003-L47 Assessor Parcel Number(s): Location: OWNER OF RECORD: 2839-018-003 17861 SIERRA HIGHWAY ROSANNA HADDAD YES I approve of the proposed annual streetlight maintenance assessment of $300.00 on each of the 1 lot, a total of $300.00 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 annual streetlight maintenance assessment of $300.00 on each of the 1 lot, a total of $300.00 for the annexation. I hereby declare, under penalty of perjury, I am the record owner or the authorized representative of the record owner of the parcel identified above. Signature of record sel'al" authorized representative /�/I/ .z, Date