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HomeMy WebLinkAbout2003-09-23 - AGENDA REPORTS - SMD 1 ANNEX L48 CENTERPOINT (2)Agenda Item: -I& CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval: Item to be presented by: DATE: September 23, 2003 SUBJECT: APPROVAL OF THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR SANTA CLARTTA STREETLIGHT MAINTENANCE DISTRICT NO. 1 AS ANNEXATION NO. 2003-L48, NEWHALL RANCH ROAD AND RYE CANYON ROAD, CENTERPOINT DEPARTMENT: Transportation and Engineering Services RECOMMENDED ACTION City Council conduct a public hearing and adopt a resolution to approve the annexation of territory and the levy of assessments for Santa Clarita Streetlight Maintenance District No. 1 as Annexation No. 2003-L48, Newhall Ranch Road and Rye Canyon Road, Centerpoint. BACKGROUND As a condition of approval for Assessor Parcel Nos. 2866-006-014 and -034, located at Newhall Ranch Road and Rye Canyon Road, Centerpoint, streetlight improvements are required. Newhall Land, 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-L48. This annexation will provide for the continued maintenance of these improvements after they are installed and accepted by the City. On September 23, 2003, 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 with a signed petition and an assessment ballot giving approval to the annexation of property into the District. L p ; . P 13- Id q 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. Therefore, the public hearing for the annexation can be held on the same date as the consent calendar item initiating the annexation. The resolution annexes Assessor Parcel Nos. 2866-006-014 and -034 into Streetlight Maintenance District No. 1 as Annexation No. 2003-L48. The proposed annual lighting maintenance assessment is $6,051.50. The annexation of this territory is in compliance with Proposition 218. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT The annexation of this territory will provide funding for the maintenance of the streetlighting for the territory mentioned above. The estimated revenues and expenditures collected from the annexation for annual maintenance will be $6,051.50 ATTACHMENTS Resolution Exhibit "A" - Location Map Engineer's Report available in the City Clerk's Reading File Petition available in the City Clerk's Reading File Ballot available in the City Clerk's Reading File CITY OF SANTA CLARITA NOTICE OF A PUBLIC HEARING PUBLIC 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 territories and the levy of assessments within Santa Clarita Streetlight Maintenance District No. 1, as: Annexation No. 2003-L48, located south west of Newhall Ranch Road and Rye Canyon Road, Assessor Parcel Nos. 2866-006-014 and -034. The hearing will be held by the City of Santa Clarita City Council in the City Hall Council Chambers, 23920 Valencia Boulevard, First Floor, on the 23rd day of September 2003, at or after 6:30 p.m. 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 Grace Gasinksi at (661) 255-4332, Santa Clarita City Hall, 23920 Valencia Boulevard, Suite 300, Santa Clarita, California 91355. If you wish to challenge this action in court, you may be limited to raising only those issues that 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. Dated: August 28, 2003 Publish Date: September 11, 2003 Sharon L. Dawson, CMC City Clerk GAG:tw Tea\eng-subd\hght/ng district\LXX otice d PH4emplsldoc SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT No. ANNEXATION No. 2003-1,48 Assessor Parcel Number(s): 2866-006-014 and -034 Location: Newhall Ranch Road/ Rye Canyon Road OWNER OF RECORD: Newhall Land YES I approve of the proposed annual streetlight maintenance assessment of $50 per unit for 121.03 units for 1 lot, a total of $6,051.50 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 $50 per unit for 121.03 units for 1 lot, a total of $6,051.50 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. The Newhall Land and Fanning Company (A California Limited Partnership) A Limited Partnership By: Newhall Management Limited Partners A California Limited Partnership Its Managing General Partner By: Newhall Management Corporation A California Corporation Its as rg eneral Partner i34 By: 1HUMAQ F DIERCKMAN Sr. Vice President Its: By. /tel ILIP A. NOWLIN- Its: Assistant Secretary A%A4tAS't' � S1 ;,OUB Date 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-L48 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 WITNESSETH: A. WHEREAS, the petitioner, Newhall Land(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: Leeal Description: Currently known as Assessor Parcel Nos. 2866-006-014 and -034, in the City of Santa Clarita, County of Los Angeles, State of California, Located south west corner of Newhall Ranch Road and Rye Canyon Road. B. WHEREAS, the owners are developing the Property as a neighborhood shopping center 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;" 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 subdivision map. The Newhall Land and Farming Company (A California Limited Partnership) A Limited Partnership By: Newhall Management Limited Partners A California Limited Partnership Its Managing General Partner By: Newhall Management Corporation A California Corporation Its Managing General Partner CPBy Its: Vice si By: O Its: PHILIP A. NOWLIN ssistant ecrFrary Al A5 kA sI Date