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HomeMy WebLinkAbout1999-06-22 - AGENDA REPORTS - SMD ANNEX 99 L4 TN 52276 (2)CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING DATE: June 22, 1999 City Manager Approv Item to be presented by: T. Brad TheA&"7 SUBJECT: ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1, ANNEXATION NO. 99-L4, TRACT NO. 52276 RESOLUTION NO. 99-113 DEPARTMENT: Transportation & Engineering Services RECOMMENDED ACTION City Council conduct a public hearing and adopt Resolution No. 99-113, approving the Engineer's Report and annexation of territory into Santa Clarita Streetlight Maintenance District No. 1, as Annexation No. 99-L4, Tract No. 52276. BACKGROUND As a condition of the approval of Tract No. 52276, the developer, Pacific Bay Homes, has agreed to install or provide funds for all necessary on-site streetlight improvements, and has signed a petition requesting the annexation of this streetlight maintenance into Santa Clarita Streetlight Maintenance District No. 1 as Annexation No. 99-L4. This annexation will provide for the continued maintenance of these improvements after they are installed and accepted by the City. On May 11, 1999, the City Council adopted Resolution No. 99-58, initiating proceedings for the annexation of territory into the existing streetlight district. At that time, a petition and assessment ballot were delivered to the property owner requesting their approval in order to annex their property into the district. By signing the petition, the developer has waived the time period for holding the public hearing and 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 1999/2000 tax roll. Resolution No. 99-113 annexes Tract No. 52276 into Streetlight Maintenance District No. 1 as Annexation No. 99-L4. The total proposed annual assessment is $50.00 per unit for each of the 14 units. The annexation of this territory is in compliance with Proposition 218. ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1, ANNEXATION NO. 99-L4, TRACT NO. 52276 June 22, 1999 — Page 2 ALTERNATIVE ACTIONS 1. Do not approve the annexation. 2. Other action as determined by City Council. FISCAL IMPACT The annexation of this territory will ensure collection of future assessments from this property, which will offset the expenses incurred by the installation of the necessary streetlights for this project. ATTACHMENTS Resolution No. 99-113 Exhibit "A!'- Location Map Engineer's Report (available in the City Clerk's Reading File) AY:lkl c...dhre99-113.doc ENGINEER'S REPORT CITY OF SANTA CLARITA ANNEXATION NO. 99-L4 INTO STREETLIGHT MAINTENANCE DISTRICT NO. 1 Tract No. 52276 FISCAL YEAR 1999/2000 SANTA CLARITA, CALIFORNIA SUBMITTED May 11, 1999 FINAL June 22, 1999 ENGINEER'S REPORT CITY OF SANTA CLARITA ANNEXATION NO. 99-L4 STREETLIGHT MAINTENANCE DISTRICT NO. 1 Tract No. 52276 TABLE OF CONTENTS A Assessment Roll B Assessment Diagram Page I. Introduction...................................................................................................... 1 II. Plans and Specifications.................................................................................. 3 III. Estimated Costs of the Improvements............................................................. 3 IV. Assessment Diagram....................................................................................... 5 V. Assessment..................................................................................................... 5 VI. Method of Assessment.................................................................................... 5 Appendices A Assessment Roll B Assessment Diagram ENGINEER'S REPORT CITY OF SANTA CLARITA ANNEXATION NO. 99-L4 INTO STREETLIGHT MAINTENANCE DISTRICT NO. 1 Tract No. 52276 I. INTRODUCTION This report is prepared in compliance with the requirements of Article 4, Chapter 1, of the Landscaping and Lighting Act of 1972 (hereinafter referred to as the "Act"), which is Part 2, Division 15 of the California Streets and Highways Code. This report considers the annexation of territory to be known as Annexation No. 99-L4, Tract No. 52276, into the existing Santa Clarita Streetlight Maintenance District No. 1. Pursuant to the Act, the City Council is the legislative body for the district and may annex territory and levy annual assessments acting as the governing body for the operations and administration of the district. In addition, the Act provides for the levy of annual assessments after annexation or formation of an assessment district for the continued maintenance and servicing of the district improvements. The Act further allows various areas to be annexed into an existing district when the territory in the annexation receives substantially the same degree of benefit from the improvements. The costs associated with the installation, maintenance, and service of the improvements may be assessed to those properties, which are benefited by the installation, maintenance, and service. Section 22608 of the Streets and Highways Code further states that annexation proceedings will be limited to the territory proposed to be annexed into an existing district. This report will be limited to those properties located in Tract No. 52276, as shown on Appendix "B." RIGHT TO VOTE ON TAXES ACT (PROPOSITION 218) On November 5, 1996, the electorate approved Proposition 218, Right to Vote on Taxes Act, which added Articles XIII C and XIII D to the California Constitution. The proposition affects all assessments upon real property for a special benefit conferred on the property. Assessments imposed under the Landscaping and Lighting Act of 1972 are these types of benefit assessments. The proposition exempts assessments for street purposes. The maintenance services in Streetlight Benefit Assessment District No. 1 are for streetlights. They are an integral part of the entire street, the same as curb, gutters, pavement, signage, and striping. Taken as a group, they are the elements that provide a safe route for motorists. Streetlights are installed to make streets safer by providing better visibility for drivers. One hundred (100) percent of the illumination from the lights is directed to the street, ninety (90) percent on the street side of the curb and ten (10) percent behind the curb. The spacing of the lights is based on the speed of the vehicles and the natural ability of the motorists' eyes to adjust to light and darker areas. Streetlights are installed on and for street purposes and are maintained and serviced to allow the street to perform to the standards it was designed. Assessments for the maintenance and servicing of streets must include streetlights and are exempt under the provisions of Proposition 218. Each property owner who owns parcels subject to the assessment will be sent an assessment ballot requesting his or her approval to annex into the district and approve the assessments being imposed. Subsequent owners of parcels would be made aware through title reports and Department of Real Estate "White Paper" reports that the parcels are in the district and subject to the assessments. Purchase of the parcel(s) is also an agreement by the new owners to be subject to the assessments. However, subsequent increases, if any, will be subject to the procedures and approval process of Section 4 of Article XIII D. This report is being provided to show that there will be no proposed increase in the assessments to pay for costs incurred for maintenance, servicing, and operation of the existing district. However, the assessments will be proposed for the first time to those parcels proposed to be included in this annexation. The City may initiate proceedings for the annexation of territory for continued maintenance and servicing of streetlight improvements by passing a resolution. This resolution generally describes the territory to be annexed into the district and any proposed new improvements or any substantial changes in existing improvements, and orders an engineer to prepare and file a detailed report. This report details only the proposed annexation to the existing district and must include plans and specifications of the improvements, an estimate of the cost of the improvements, including maintenance and servicing, a diagram, (i.e., map of the assessment district showing the boundary of the district and annexation), the parcels or lots which benefit, and an estimate of the cost of the improvements, maintenance, and servicing. Once the report is completed, it is presented to the City Council (the legislative body) for its review and approval as presented, or may be modified and approved. After the report is approved, the City adopts the resolution, which declares its intent to annex territory and levy and collect assessments, describes the improvements, including maintenance and servicing, refers to the assessment district by its distinctive designation, refers to the report for the details of the district, and sets a time for a public hearing on the levy of the proposed assessment. Following the initial City Council meeting, the City will send an assessment ballot, where the property owners can vote on the annexation and assessment. At the public hearing, the City will count the assessment ballots returned and consider the public testimony in favor of and/or opposing the annexation and assessment. At that time, the City Council may adopt a resolution confirming and levying the assessments to fund the maintenance and servicing of the improvements or abandon the proposed annexation. 2 Assessments, if authorized, would be placed on the 1999/2000 Los Angeles County Tax Roll and would be collected with the regular County property taxes. Reserve funds in the current district would be used to fund the maintenance and service until assessment funds are distributed by the County Tax Collector in December 1999. II. PLANS AND SPECIFICATIONS The proposed improvements for Annexation No. 99-L4 into Streetlight Maintenance District No. 1 include, but are not limited to, and may be generally described as follows: Streetlight improvements are owned either by the Southern California Edison Company, the State of California Department of Transportation, or the City of Santa Clarita. Facilities constructed for or by the City of Santa Clarita are on file in the City offices. Proposed streetlight facilities are located within Tract No. 52276, located near the intersection of Via Princessa and May Way in the City of Santa Clarita. Plans and specifications for the improvements for Annexation No. 99-L4 to the Streetlight Maintenance District are voluminous and are not bound in this report, but by this reference are incorporated and made a part of this report. The plans and specifications are on file at the City. III. ESTIMATED COSTS OF THE IMPROVEMENTS The Act provides that the estimated cost of the improvements shall include the total cost of the improvements for Fiscal Year 1999/2000, including incidentals, which may include reserves to operate the district until funds are transferred to the City from the County around December 10 of the next fiscal year. The Act also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of improvements. The net amount to be assessed on the lots or parcels within each district is the total cost of installation, maintenance, and servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions. Estimated cost of improvements for Streetlight Maintenance District No. 1, including Annexation No. 99-L4, is voluminous and is not bound in this report, but by this reference is incorporated and made a part of this report. The estimated costs are on file at the City where they are available for public inspection. 3 ENGINEER'S REPORT CITY OF SANTA CLARITA ANNEXATION NO. 99-L4 INTO STREETLIGHT MAINTENANCE DISTRICT NO. 1 Tract No. 52276 1999/2000 FISCAL YEAR BUDGET ESTIMATE ASSESSMENT LOTS OR PARCELS: 1 TOTAL NUMBER OF UNITS: 14 TYPE OF LAND USE: Residential BUDGET ITEM Total Funds Required Available Carryover Other Revenue To be Raised by Parcel Assessment Number of Proposed Units Annual Per -Parcel Assessment ri TOTAL DISTRICT $700.00 0.00 0.00 $700.00 14 $ 50.00 IV. ASSESSMENT DIAGRAM The boundary map/diagram, included herein as "Appendix B," is part of this report. V. ASSESSMENT All assessed lots or parcels of real property within the annexation are listed on the Los Angeles County Assessment Roll, which is on file at the City and is hereby made a part of this report by reference. The Los Angeles County Assessment Roll states the net amount to be assessed upon assessable lands within Annexation No. 99-L4 for Fiscal Year 1999/2000, shows the Fiscal Year 1999/2000 assessment upon each lot and parcel within the annexation, and describes each assessable lot or parcel of land within the annexation. These lots and parcels are more particularly described in the Los Angeles County Assessment Roll, which is on file in the office of the Los Angeles County Assessor, and by reference is made a part of this report as Appendix "A." Commencing with Fiscal Year 2000/2001, the amount of the assessments for Annexation No. 99-L4 will include a yearly increase, 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, Bureau of Labor Statistics, or its successor. The engineer shall compute the percentage 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. VI. METHOD OF ASSESSMENT BACKGROUND The Landscaping and Lighting Act of 1972 provides that assessments may be apportioned upon all assessable lots or parcels of land within an assessment district in proportion to the estimated benefits to be received by each lot or parcel from the improvements. In addition, Proposition 218 requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. The Proposition provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular and distinct benefit over and above general benefits conferred on the public at large, including real property within the district. The general enhancement of property value does not constitute a special benefit. E SPECIAL BENEFIT In the existing district the streetlight improvements were installed by the developers, subdividers of the land, and the continued maintenance was guaranteed through the establishment of a streetlight maintenance district. If the installation of the improvements and the guaranteed maintenance did not occur, the lots would not have been established and could not have been sold to any distinct and separate owner. The establishment of each distinct and separate lot is a special benefit which permits the construction of a building or structure on the property and the ownership and sale of the distinct lot in perpetuity. All lots are established at the same time once the conditions regarding the improvements and the continued maintenance are guaranteed. As a result, each lot within the district receives a special and distinct benefit from the improvements and to the same degree. In addition, the improvements continue to confer a particular and distinct special benefit upon parcels within the annexation because of the nature of the improvements. The proper maintenance of the streetlighting and appurtenant facilities specially benefits parcels within the annexation. The proper maintenance of the streetlighting and appurtenant facilities reduces property -related crimes (especially vandalism) against properties in the annexation. The streetlighting located in Streetlight Maintenance District No. 1, and the proposed Annexation No. 99-L4, helps to visually join the various segments of the community, which enhances the property. All of the above-mentioned contributes to a specific enhancement of the property values of each of the parcels within the annexation. GENERAL BENEFIT In addition to the special benefits received by the parcels within the proposed annexation, there are incidental general benefits conferred by the proposed improvements. The benefit to properties for streetlighting on the City's streets is a benefit to all parcels within the City. All parcels share equally the cost of the streetlights. The total benefits are thus a combination of the special benefits to the parcels within the annexation and the general benefits to the public at large and to adjacent property owners. The portion of the total streetlight maintenance costs which are associated with general benefits will not be assessed to the parcels in the district, but will be paid from other City funds. It is estimated that the general benefit portion of the benefit received from the improvements for any annexation is less than one (1) percent of the total benefit. Nonetheless, the City has agreed to ensure that no property is assessed in excess of the reasonable cost of the proportional special benefit conferred on that property. 0 APPORTIONMENT In this residential annexation, all parcels in the annexation receive the same special benefit from the improvements due to their use and their similar proximity to the improvements. Therefore, each parcel is assessed an equal amount. Currently, there is one parcel to be subdivided into 14 parcels. The assessment rate will be the per -parcel rate with the total annual cost of maintenance divided b then b f parcels. y um er o For Fiscal Year 1999/2000, the total annual cost will be placed on the current parcel(s) until such time as the parcels divide. At that time, the annual assessments will be apportioned over the current parcels at the equivalent unit rate. VII. CERTIFICATIONS PRELIMINARY APPROVAL Preliminary approval by the City Council of the City of Santa Clarita on the day of , 1999. Sharon L. Dawson, City Clerk City of Santa Clarita FINAL APPROVAL Final approval by the City Council of the City of Santa Clarita on the day of '1999. Sharon L. Dawson, City Clerk City of Santa Clarita I, together with the day of I, _, as City Clerk, do boundary maps attached 1999. hereby certify that the foregoing assessments, thereto, were filed in my office on the Sharon L. Dawson, City Clerk City of Santa Clarita as City Clerk, do hereby certify that the foregoing assessments, together with the boundary maps attached thereto, were approved and confirmed by the City Council of the City of Santa Clarita on the day of , 1999. 1, , City Engineer of the the foregoing assessments, together with ti recorded in my office on the _ day of Sharon L. Dawson, City Clerk City of Santa Clarita City of Santa Clarita, do hereby certify that e boundary maps attached thereto, were 1999. Anthony J. Nisich, City Engineer City of Santa Clarita State of California I, Richard L. Kopecky, Willdan Associates, Engineer of Work for the City of Santa Clarita, do hereby certify that the foregoing assessments, together with the boundary maps attached thereto, are true and correct. Submitted by: Richard L. Kopecky, RCE 16742 Assessment Engineer Richard L. Kopecky, RCE 16742 Engineer of Work APPENDIX "A" ASSESSMENT ROLL ANNEXATION NO. 99-L4 INTO STREETLIGHT MAINTENANCE DISTRICT NO. 1 Tract No. 52276 The assessment roll for the annexation to Streetlight Maintenance District No. 1 is hereby incorporated and made a part of this report. The assessment rolls are on file at the City where they are available for public inspection. Reference is made to the Los Angeles County Assessment Roll for a description of the lots or parcels in each of the assessment districts. FY 99/2000 FY 99/2000 Annexation Assessor District Parcel Number Parcel No. Assessment Assessment Tract No. 52276 2836-038-231 $700.00 $700.00 per parcel AY:lkl council\re99-119.doc G z S r N V F a Iw m T. x W