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Home My WebLink About1999-05-11 - AGENDA REPORTS - SMD 1 ANNEX 99 L2 TRACT 44896 (2)CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR DATE: May 11, 1999 City Manager Approval: Item to be presented by: SUBJECT: ANNEXATION OF TERRITORY INTO SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1, ANNEXATION NO. 99-L2, TRACT NO. 44896 RESOLUTION NO. 99-56 DEPARTMENT: Transportation & Engineering Services RECOMMENDED ACTION City Council adopt Resolution No. 99-56 to initiate annexation proceedings, approve the Engineer's Report, and set a public hearing for June 22, 1999. BACKGROUND As a condition of the approval of Tract No. 44896, streetlight improvements are required. The developer, Beazer Homes California, Inc., has agreed to install approximately 28 streetlights or provide funds for all the necessary on-site streetlight improvements as required as a condition of their tract approval, and has signed a petition requesting the annexation of this streetlight maintenance into Santa Clarita Streetlight Maintenance District No. 1, as Annexation No. 99-L2. This annexation will provide for the continued maintenance of these improvements after they are installed and accepted by the City. By signing the petition, the developer has waived the noticing and right to majority protest at the public hearing, and has submitted an assessment ballot in favor of the annexation. It is estimated that the improvements will be accepted after July 1, 1999. The funds for maintenance costs will be collected on the Fiscal Year 1999/00 tax roll. Resolution No. 99-56 annexes No. Tract 44896 into Streetlight Maintenance District No. 1, as Annexation No. 99-L2. The total proposed annual assessment is $50.00 per parcel for each of the proposed 95 single-family units and 156 multi -family units. The formation of this district is in compliance with Proposition 218. ALTERNATIVE ACTIONS 1. Do not annex territory. 2. Other direction as determined by City Council. Adopted: := Agenda Item: ANNEXATION OF TERRITORY INTO SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1— TRACT NO. 44896 May 11, 1999 — Page 2 FISCAL IMPACT This annexation will provide funding for the maintenance of the street lighting for Tract No. 44896. The estimated revenues and expenditures collected from the annexation for annual maintenance will be $12,600.00. ATTACHMENTS Resolution No. 99-56 Exhibit "A" - Location Map Petition Ballot Engineer's Report — Available for review in the City Clerk's Reading File BM:lkl munaRre99-66.doc EXHIBIT "A" STREET LIGHT DISTRICT ANNEXATION L2 - TRACT 44896 0 0 0 Z� 1"= 4W Z IS zQ ' • _r/ `fid 4t .. 4 cc ' J y _ Z / 44 0 DISTRICT BOUNDARY 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 INTO CITY OF SANTA CLARITA STREETLIGHT MAINTENANCE ASSESSMENT 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, Beazer Homes, California Inc. (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: TRACT No. 44896 Assessor Parcel Numbers: 2836-005-034, 040, 042, 043, 044, and 048 Being a subdivision of blocks 23, 24, 25, 30, 31, 32, 50, 51, 52, 53, and 56, and portions of lots A, S, and U, of Tract No. 1801 B. WHEREAS, the owner is developing the Property as a residential development in the City, (hereinafter referred to as the "Project"); and C. WHEREAS, in order to provide buildable sites on the Property, grading will be necessary to comply with the Building Code of the City of Santa Clarita; and D. WHEREAS, the necessary grading of the Property will cause the need for streetlighting (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 E. WHEREAS, these Streetlight Improvements must be maintained, operated, and serviced; and F. WHEREAS, the Developer must provide a means satisfactory to the City for assuring the continued maintenance, operation and servicing of the Stre tl' ht Improvements; and e ig G. WHEREAS, the Improvement Areas and Streetlight Improvements must be kept clean so as not to compromise the safety of the Streetlight Improvements; and H. WHEREAS, as a condition of the grading and as a condition established for the subdivision of the property into individual lots for the specific benefit and sale to subsequent owners, the developer and/or successors of interest were required to complete the annexation process for inclusion into the City's Streetlight Maintenance District No. 1; and I. 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 assessment 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 J. WHEREAS, the Right to Vote on Taxes Act (hereinafter referred to as the "Act"), which added Articles XIIIC and XIIID to the California Constitution, requires among other things that all new assessments must comply with the Act; and K. 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. L. WHEREAS, the California Civil Code, Section 3513, allows anyone to waive the advantage of a law intended solely for their benefit; and M. 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 N. WHEREAS, all of the benefit is a special benefit to the property and the parcels to be created; and O. 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 P. 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 Q. 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 Developer hereby requests that the City annex the Property into City of Santa Clarita Streetlight Maintenance Assessment 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 requests that the territory to be annexed into City of Santa Clarita Streetlight Maintenance Assessment District No. 1 consist of all of the property referenced in Paragraph A of the recitals 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 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; and 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. DEVELOPER/OWNER Owner's Name: Date ALL SIGNATURES TO BE NOTARIZED BM:lkl council\m9 -56.dw BALLOT SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 99-L2 TRACT NO. 44896 A.P.N.: 2836-005-034, 040, 042, 043, 044, and 048 OWNER OF RECORD: YES: I approve of the proposed streetlight maintenance assessment of $2,092.00 on each of the parcels identified on this ballot. 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 streetlight maintenance assessment of $2,092.00 on each of the parcels identified on this ballot. I hereby declare, under penalty of perjury, that 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 BM:Ikl rouncil\reWW,doc