HomeMy WebLinkAbout2004-06-08 - AGENDA REPORTS - ANNEX PM26684 APN 2831-002-044 (2)PUBLIC HEARING
DATE:
SUBJECT:
DEPARTMENT:
Agenda Item: -/A9-_
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by:
June 8, 2004
APPROVAL OF ANNEXATION OF TERRITORIES AND THE
LEVY OF ASSESSMENTS FOR SANTA CLARITA
STREETLIGHT MAINTENANCE DISTRICT NO. 1 AS:
• ANNEXATION NO. 2004-1-60, PARCEL MAP NO. 26684
(17150 SOLEDAD CANYON ROAD)
• ANNEXATION NO. 2004-1-62, APN NO. 2831-002-044
(SAN FERNANDO ROAD AND 12TH STREET)
Transportation and Engineering Services
RECOMMENDED ACTION
City Council conduct a public hearing and adopt two resolutions approving the annexations of
territories and the levy of assessments for Santa Clarita Streetlight Maintenance District No. I for
Annexation Nos. 2004-L60 and 2004-L62.
BACKGROUND
The City of Santa Clarita proposes to take over the operation and maintenance of the streetlight
improvements constructed by Mattsons - M & L, LLP (Developer) for Parcel Map
No. 26684 (Canyon Country Vicinity) and Patrick Kellerman (Developer) for APN
2831-002-044 (Newhall Vicinity). The City administers public streetlights within the City limits.
Streetlight expenses are covered through a combination of property tax revenue and direct
assessments. For new development, the City will only operate and maintain streetlights if the
area agrees to be annexed into Streetlight Maintenance District No. 1 (District). Pending Council
approval, and lacking a majority protest from property owners, the City will annex the following
territories as:
• Annexation No. 2004-1-60, Parcel Map No. 26684
• Annexation No. 2004-1-62, APN 2831-002-044
Adopted:
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The developers provided the City with signed petitions and assessment ballots that approve the
annexation of their respective properties into the District. By signing their petitions, the
developers waived the time period for holding the public hearing, noticing, and the right to
majority protest at the public hearing. Each developer 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; in this case, June 8, 2004.
The proposed annual lighting maintenance assessment is $50.00 for each Equivalent Dwelling
Unit (EDU), which is the Fiscal Year 2004-05 assessment rate. This rate may increase each year
by the annual change in the Consumer Price Index (CPI). The total assessment that would be
generated, based on this $50/EDU rate is:
• Annexation No. 2004-L60, Parcel Map No. 26684 - The proposed annual lighting
maintenance assessment is $100 per lot, one (1) lot total, for a total of $100.00.
• Annexation No. 2004-L62, APN 2831-002-044. The proposed annual lighting
maintenance assessment is $172.00 per lot, (1) lot total, for a total annual assessment of
$172.00.
These annexations are in compliance with Proposition 218.
A public hearing for Annexation No. 2004-L63, APN No. 2811-001-146, vacant land at the
corner of Newhall Ranch Road and McBean Parkway (North Valencia vicinity) was noticed for
June 8, 2004 as part of the regular City Council meeting. City staff has postponed that
annexation proceeding pending further review. As such, the public hearing will not take place at
this time. Should the City pursue this annexation a public hearing will be set at a future date.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
The annexation will provide for the City to take over maintenance of existing streetlight
improvements and ensure collection of future assessments on this annexations.
ATTACHMENTS
Resolution Approving the Annexation of 2004-1-60
Resolution Approving the Annexation of 2004-1-62
Exhibit "A" - Location Maps
Petitions and Ballots available in the City Clerk's Reading File
Engineer's Reports available in the City Clerk's reading file
CITY OF SANTA CLARITA
NOTICE OF 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. 2004-L60, Parcel Map No. 26684, located at 17150 Soledad Canyon
Road, Assessor Parcel No. 2839-037-062.
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 8th day of June 2004, at or
after 6:00 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 Adrian Silva at (661) 255-4966,
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: May 20, 2004
Sharon L. Dawson, CMC
City Clerk
Publish Date: May 28, 2004
AS:sp
Tes\cpp\lighting district\LWNotice of PH.doc
CITY OF SANTA CLARITA
NOTICE OF 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. 2004-L62, APN 2831-002-044, located at San Fernando Road and 12th
Street.
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 8th day of June 2004, at or
after 6:00 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 Adrian Silva at (661) 255-4966,
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: May 20, 2004
Sharon L. Dawson, CMC
City Clerk
Publish Date: May 28, 2004
AS:sp
Tes\cpp\lighting district\1-62Notice of PH.doc
CITY OF SANTA CLARITA
NOTICE OF 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. 2004-1,63, APN 2811-001-146, located at McBean Parkway and
Newhall Ranch Road.
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 8th day of June 2004, at or
after 6:00 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 Adrian Silva at (661) 255-4966,
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: May 20, 2004
Sharon L. Dawson, CMC
City Clerk
Publish Date: May 28, 2004
AS:sp
Tes\cpp\lighting district\LONotice of PH.doc
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. 2003-1,60 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, MM & L Financial, LLC (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:
Parcel Map 26684, in the City of Santa Clarita, County of Los Angeles, State of
California, currently known as Assessor Parcel No. 2839-037-062.
B. WHEREAS, the owners are developing the property as a Daycare and
Church 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
1. 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
Page 2 of 3
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 proposes 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.
OWNER OF RECORD: Mq—rrso�vs — M i L L L P
Si ature of rec owner or
authorized representative��`
Page 3 of 3
3 y
Date
BALLOT
SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT No. 1
ANNEXATION No. 2003-L60
Assessor Parcel Number(s): 2839-037-062
Location: Soledad Canyon & Anne Freda, Canyon Country vicinity
OWNER OF RECORD:*
�2 ,.�i STCi m GLl�
YES ,approve of the proposed annual streetlight maintenance assessment of
$100 per lot, one (1) lot total, for a total annual assessment of $100.00.
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 $100 per lot, one (1) lot total, for a total annual assessment of $100.00.
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.
dy � `
Si ature of record ner or Date
authorized represen ative
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City Of
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KELLERMAN PAGE 01
e,llr UP oAY1AULAX1'tA hNUi 4002
Phone
(091) 259.2489
rias
(881) 250.8126
1A PETITION TO THE CITY COUNC - OF THE CITY OF SANTA C.ARIfA, COUNTY
OF LOS ANGE E.S, STATE OF CALIFORNIA, PETITIONING SAID•COUNCIL TO
INITIATE, PROC FEDINCS FOR THE ANNEXATION OF TERRITORY TO BE KNOWN
AS ANNEXATION 90. 2003-1.62 INTO CI'T'Y OF SANTA CLARifA STREETLIGHT
MAINTRNANCE DISRMCT NO. 1 PURSUANT TO THE "LANDSCAPING AND
LIGHTING ACT OF 1972" BEING PART 2 OF DIVISION 15 OF TIB STREETS AND
HIGHWAYS CODE OF THE STATE OF CALIFORNIA
MMMEM.
A. WI:lZ"AS. theiuoucr, Pa duk Kellexroam (heeeivafter referred to as the
"Developer), ispe sole owner of that certain real property (hereinafter
referred to as the ") located in the City of Santa Clarita County of
Los Angeles, Stat forma (herematter referred to as the "City") more
particularly descritad as follows;
I
Leval lJiescrintion: � .
San Finando Road and n2'" Street. in the City of Santa Clarita, County of Los
Angeles, State of California, currently (mown as Assessor Parcel No, 2831-002-044
R. WHSRHAS, the qwners are developing the pmmperly as an open storage site
in the City (hercinafter referred to 0 the "Project")r, and
C WHEREAS, the Improvements of the Property will cause the need for
streetlights (hereinafter referred as the "Streetlight ImprovemauW) to be installed by the
Developw to a standard to the City in those certain areas within the Project which
are more particularly shown described an Exhibit . A.. artaehed hereto (hereinafter
referred to as the"Improvement Aims"); and
D. WHEREAS,
and serviced. and
B. WHEREAS, the
assuring the continued main
lmpmvwtaents; and
F. WHEREAS, the
kept clean so as not to
StreftIight Improvements must be maintained, operated.
must provide a [Weans satisfactory to the City for
operation, and servicing of the Streetlight
vement Areas and Streetlight Improvements trust be
safety of the Streetlight Improvements; and
G. WHEREAS, as1cond9tietrt established far the development of the Property
fox the sp uift. benefit and sale subsequent owners, the Developer and/or successors of
interest are required to co I the annexation process for inclusion into the [Sty's
Streetlight Maintenance District No. 1; and
M.
04/30/2004 15:51 6612700558 KELLERMAN
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PAGE 02
Isi UUa
H. W1MAS, pursuant to the "Landscaping and Lighting Act of 1972." being
Pse 7, of l)ivisinn t Sof the Streets and Highways Code of the State of California, the City
tray establish a Stmedighe Maintenance District to provide for the continued maintenance,
operation, and servicing of the Streetlight improvements, and for the payment of the costs
and expenses mcurred for such maintananw, operation, and servicing; and
L WHEREAS, the Right to Vote on Taxab Act (herehiaftea refected to as the
-Act"), which added Articles XM C and XIII D to the Cadiftuida Cvostitution, requires
among other things that all new assessments mast comply with the Acts and
1. WHERBAS, the Act also requires that the Uty Council conduct a public
hearing not less than 45 days after nailing a notice of the proposed assessment to record
owners of each patrol which will have a special benefit conferred nporithem and upon
which an assessment will be imposed; and
K: WHF.RRAS, the falifnrnia Civil Code. Section 3513, allows anyone to
waive the advantage of a law intended solely for their benefit; and
L. WHEREAS, the 4S day period before the conduct of the public heating is
not established for a public reason but is solely for the advantage of the parcels having a
special benefit (,Warred 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. VIH13REAS, 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; mod
O. WHEREAS, the Developer is the owner of the teal property to be benefited
by the Streetlight haprovertaents, and the maintenance, operation, and servicing thereof; and
P_ WHERRAS., the Act does not prohibit a waiver of the 45 -day enticing
period,
NOW, THEREFORE, it furtherance of the foregoing recitals, the Developer does
hereby petition the City as follows:
I. In order to assure the continued insiotesaucc, vpmaLkn4 and setviciug of the
Streetlight Improvements and the payment of the cost and expenses incurred for such
maintenance, operation, and servicing, the Developors hereby request that the City aunex the
Property into the City of Santa C:lanta StreethSta Mauttsnams DtstrKx No. 1 pursuant to the
7 andscaping and Lighting Act of 1972" being Part 2 of Division 15 of the Streets and
Highways Code of the Stare of California
2. The Developer request that the tetritosy to be atmexad into the City of
Santa Clarita Streetlight AWntenance 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
Page 2 of 3
04/30/2004 15:51 6612700556 KELLERMAN PAGE 03
"Al yr OAS1AVt.aNt'Aa IU4U I�110Q
Consulter Price index (CM all [�an Consumers for the Los Angeles-Anabeim -Riverside
area. it the assessment is not ' seal by a CPT in some years. the amount [nay be
increased in subse item years by amount corresponding to the cumulative increases in the
CPI.
3. As the owner of 1 of the real property to be plated into the District, the
Developer hereby waives all s notices of hearings and rights of majority protests by
urterested property owners in theFOfthe-
Annexation per Section 22608 of the Sheds and
Highways Code.
4. As the owner of aeal Property, which receives a special benefit and
is the only property proposed toed for the special benefit, the Developer hereby
waives all statutory notice periodsct.
5. in consideration o the approval of the Annexation into the District by the
City, the TUvel>jrr hnr by pm an follows:
a. To iaate)IISh+cetlight Improvements (Including, but not limited to,
all appuxteegneeo oa may Gla twuwnably required by the City);
b. Tobear costs to complete the construction m other instailation of
Cite SucetliUld LaProvei on thus PAIAOM of dee Property to rhe rcasaoablo
satisfaction of the CSty;
C. To cal to the Annexation into the District;
d. To c to and cast a ballot authorizing the levy of assessments
against the PAVcrtY in amount reasonably detamiaed by the City to cover all
costs and expenwA lac for the continued maintenance, operation, and servicing
Of Cho Stteetliftht ents;
C. To pay the assessments levied against the Property for the fust fiscal
Year in which they Ire"ed prior to the submittal to the City Council of any
associated fmal subdivisiotvtmap.
OWNER OF RECORD: Patrick
Page 3 Of 3
s
04/30/2004 15:51 6612700558
111
SANTA CI,ARITA
Assessor Parcel Number(s):
Location: San Fernandes
KELLERMAN
ur AANIAULAKll'A EMU
BAJM
MAIlUFNAN(M DISTRICT No. 1
I No. 20031,62
and 12s' Street. Newhall vicinity
Kellerman
PAGE 04
Ia OO5
I approve of the+()
etxl aratual stroethot maintenance assessment of
$172.00 par lot, ora;ot total, for a total annual assessment of $172-00.
The assessment may 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 th�proposed annual streetlight maintenance arse went
of 5172.00 per lot, a (1) lot total, for a total animal assessment of
$172.00.
I hereby declare uudesr penal y of perjury, I athe rmunl owns ur the awhuriceel
reptesentative of the record o' m n
of the parcel identified above.
�.� - + .
MM
City of
Santa Clarita
23920 Valencia Blvd.
Suite 300
Santa Clarita
California 91355-2196
Website: www.santa-clarita.com
Phone
(661) 259-2489
Fax
(661) 259-8125
BALLOT
SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT No. 1
ANNEXATION No. 2003-L62
Assessor Parcel Number(s): 2831-002-044
Location: San Fernando Road and 12th Street, Newhall vicinity
OWNER OF RECORD: Patrick Kellerman
I approve of the proposed annual streetlight maintenance assessment of
$172.00 per lot, one (1) lot total, for a total annual assessment of $172.00.
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
$172.00 per lot, one (1) lot total, for a total annual assessment of $172.00.
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 rec6pd owne or
authorized representative'
PRINTED ON RECYCLED PAPER
Date
City of
Santa Clarita
23920 Valencia Blvd.
Phone
Suite 300
(661) 259-2469
Santa Clarita
Fax
California 91355-2196
(661) 259-6125
Website: www.santa-clarita.com
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. 2003-1-62 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, Patrick Kellerman (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:
San Fernando Road and 12th Street, in the City of Santa Clarita, County of Los
Angeles, State of California, currently known as Assessor Parcel
No. 2831-002-044.
B. WHEREAS, the owners are developing the Property as an open storage site 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
PRINTED ON RECYCLED PAPER
PETITION
Page 2 of 4
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.
PETITION
Page 3 of 4
NOW, THEREFORE, in furtherance of the foregoing recitals, the Developer does 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 proposes 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
PETITION
Page 4 of 4
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.
OWNER OF RECORD: Patrick Kellerman
7
i
Signature of record ownej or
authorized repress ntativ
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Date