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HomeMy WebLinkAbout2003-06-24 - RESOLUTIONS - SMD ANNEX L51 (3)RESOLUTION NO. 03-90 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 24239 SAN FERNANDO ROAD INTO SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1, AS ANNEXATION NO. 2003-L51, 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 2003/2004 for the purposes provided therefore in the Act; and WHEREAS, Thuy Tran and Kim Duyen Tran (hereinafter referred to as the "Developer") are the sole owners 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: 24239 San Fernando Road, in the City of Santa Clarita, County of Los Angeles, State of California, currently known as Assessor Parcel No. 2831-012-036. WHEREAS, the Developer is developing the property as a restaurant development (hereinafter referred to as the "Project"); 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 Resolution No. 03-90 Page 2 WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require that a notice of the proposed assessment 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 than 45 days after the mailing of said notice; and WHEREAS, the Annexation consists of the development known as Assessor Parcel No. 2831-012-036; and WHEREAS, the Developer has submitted a petition to the City requesting to have the development annexed into the City's 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. 2003-L51 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, 13E 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, 2004 and ending June 30, 2005, 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 XIII D of the California Constitution, the City Council in subsequent fiscal years may Resolution No. 03-90 Page 3 thereafter impose the assessment at any rate or amount that is less than or equal to the amount authorized for Fiscal Year 2003/2004, increased each year based upon the Consumer Price Index, All Urban Consumers for the Los Angeles -Anaheim -Riverside Area ("CPI"), 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 into the District the Annexed Area located at 24239 San Fernando Road, also known as Assessor Parcel No. 2831-012-036, 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. 2003-L51" 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, 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. That the City Council is satisfied with the correctness of the diagram and assessment, including the proceedings and all matters relating thereto. SECTION 8. That notice is hereby given that on the 24th day of June, 2003, at the hour Resolution No. 03-90 Page 4 of 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers 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 24th day of June, 2003. ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARTTA ) 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 24th day of June, 2003, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: Ferry, McLean, Kellar, Weste, Smyth COUNCILMEM 3ERS COUNCILMEMBERS None None Gc� to' tat.,ezt1 �. CITY CLERK ad S e EXM HWr 'W' STME711CPW- ANNIDEWIMMM2003-L51 24239" San Fernando Road