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HomeMy WebLinkAbout2005-01-11 - AGENDA REPORTS - SMD 1 ASMT 2004 L68 69 (2)PUBLIC HEARING DATE: SUBJECT: DEPARTMENT: Agenda Item:_ /9 CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: January 11, 2005 Sue Lynch ANNEXATION OF TERRITORIES AND THE LEVY OF ASSESSMENTS FOR SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. I AS: • ANNEXATION NO. 2004-1,68, APN 2849-004-010 (27740 BOUQUET CANYON ROAD) • ANNEXATION NO. 2004-L69, APN 2829-029-062 (24853 BELLA VISTA DRIVE) Administrative 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. 2004-1,68 and 2004-L69. BACKGROUND The City of Santa Clarita proposes to take over the operation and maintenance of the streetlight improvements constructed by WK Sonrisa 35, LLC, a Limited Liability Company (Developer) for APN 2849-004-010 (Saugus area) and Tsovinar Terteryan (Developer) for APN 2829-029-062 (Valencia area). The City administers public streetlights within the City limits. Streellight 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. I (District). Pending Council approval, and lacking a majority protest from property owners, the City will annex the following territories as: • Annexation No. 2004-1,68, APN 2849-004-010 • Annexation No. 2004-1,69, APN 2829-029-062 Peso � US" - I I Adopted: ke�'�'D. 075,- 1 -J-- 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, January 11, 2005. The proposed annual lighting maintenance assessment is $50.00 for each Equivalent Dwelling Unit (EDU), which is the Fiscal Year 2005-06 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-L68, APN 2849-004-010. The proposed annual lighting maintenance assessment is $50.00 per unit, thirty-five (35) units total, for a total of $1,750.00. • Annexation No. 2004-L69, APN 2829-029-062. The proposed annual lighting maintenance assessment is $50.00 per unit (1) unit total, for a total annual assessment of $50.00. These annexations are in compliance with Proposition 218. 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 strectlight improvements and ensure collection of future assessments on these annexations. ATTACHMENTS Resolution Approving the Annexation of 2004-L68 Resolution Approving the Annexation of 2004-L69 The Following are available in the City Clerks Reading File: Petitions and Ballots Engineer's Reports Exhibit A - Location Map 2004-L68 Exhibit B - Location Map 2004-1,69 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-L68, located at 27740 Bouquet Canyon Road, Assessor Parcel No. 2849-004-010. Annexation No. 2004-L69, located at 24853 Bella Vista Drive, Assessor Parcel No. 2829-029-062. 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 I I th day of January 2005, 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 Sue Lynch at (661) 286-4058, 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: December 20, 2004 Sharon L. Dawson, CMC City Clerk Publish Date: December 23, 2004 SL Fin/sue lynch/lighting district/168notice of ph City of Santa Clarita 23920 Valencia Blvd. Phone Suite 300 (661) 259-2489 Santa Clanta Fax California 91355-2196 (661) 259-8125 Website: www.santa-clarita.com "MaKITI SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT No. I ANNEXATION No. 2004-L68 Assessor Parcel Number: 2849-004-010 Location: 27740 Bouquet Canyon Road, in the Saugus area OWNER OF RECORD: WK Sonrisa 35, LLC, A California Limited Liability Company I approve of the proposed annual streetlight maintenance assessment of $50.00 per unit, thirty-five (35) units total, for a total annual assessment of $1,750.00. 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). If the assessment is not increased in some years, the amount may be increased in subsequent years by an amount corresponding to the cumulative increases in the CPI. NO I do not approve of the proposed annual streetlight maintenance assessment of $50.00 per unit, thirty-five (35) units total, for a total annual assessment of $1,750.00. 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. ��of,w� 1� � 2 o c> Ll Signature of record owner Or Date authorized representative PRINTED ON RECYCLED PAPER City of Santa Clarita 23920 Valencia Blvd. Phone Suite 300 (661) 259-2489 Santa Clarita Fax California 91355-2196 (661) 259-8125 Website: www.santa-clarita.com 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. 2004-L68 INTO CITY OF SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. I 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, WK Sonrisa 35 LLC, A California Limited Liability Company (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 1, of Parcel Map No. 7283, in the City of Santa Clarita, County of Los Angeles, State of California, currently known as Assessor Parcel No. 2849-004-010. B. WHEREAS, the owners are developing the property as a 35 -unit condominium tract 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 Irriprovements 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 PRINTED ON RECYCLED PAPER 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 L 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 0. 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 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. I 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. I 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 (Cpl), all Urban Consumers for the Los Angeles -Anaheim -Riverside area. If the assessment is not increased by a Cpl in some years, the amount may be increased in subsequent years by an amount corresponding to the cumulative increases in the Cpl. 3. As the owner of all of the real property to be placed into the District, the Developer hereby waives 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 waives 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: WK Sonrisa 35 LLC, a California Limited Liability Company Signature of record owner or authorized representative M)v (2 OD� Date Page 3 of 3 City of Santa Clarita 23920 Valencia Blvd, Suite 300 Santa Clanta California 91355-2196 Website: www.santa-clarita.com Phone (661) 259-2489 Fax (661) 259-8125 BALLOT SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT No. I ANNEXATION No. 2004-1-69 Assessor Parcel Number: 2829-029-062 Location: 24853 Bella Vista Drive, in the Valencia area OWNER OF RECORD: Tsovinar Terteryan I approve of the proposed annual streetlight maintenance assessment of $50.00 per unit, one (1) unit total, for a total annual assessment of $50.00. 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). If the assessment is not increased in some years, the amount may be increased in subsequent years by an amount corresponding to the cumulative increases in the CPI. NO I do not approve of the proposed annual streetlight maintenance assessment of $50.00 per unit, one (1) unit total, for a total annual assessment of $50.00. 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 record owner or Date authorized representative RECEIVED IS NOV 2 4 2004 PRINTED ON RECYCLED PAPER FINANCE DIVISION CITY OF SANTA CLARITA City of Santa Clarita 23920 Valencia Blvd. Suite 300 Santa Clarita California 91355-2196 Welosite: www.santa-clarita.com Phone (661) 259-2489 Fax (661) 259-8125 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. 2004-1,69 INTO CITY OF SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. I 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, Tsovinar Terteryan (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: R S 124-94-97 Lot 744 and described in document number 642959 dated 01/26/04, in the City of Santa Clarita, County of Los Angeles, State of California, currently known as Assessor Parcel No. 2829-029-062. 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 he 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 PRONTED ON RECYCLED PAPER 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 I. 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 0. 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 period. P. WHEREAS, the Act does not prohibit a waiver of the 45 -day noticing 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. I 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. I 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 (Cpl), all Urban Consumers for the Los Angeles -Anaheim -Riverside area. If the assessment is not increased by a Cpl in some years, the amount may be increased in subsequent years by an amount corresponding to the cumulative increases in the Cpl. 3. As the owner of all of the real property to be placed into the District, the Developer hereby waives 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 waives 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: Tsovinar Terteryan — % lziawi,� yt't I(I A Z/ 0.<.f Signature of record owner or Date authorized representative Page 3 of 3