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HomeMy WebLinkAbout1999-06-08 - AGENDA REPORTS - VERMONT EVERETT DR ASSESS (2)CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval: Item to be presented by: DATE: June 8, 1999 SUBJECT: AMENDMENT TO ASSESSMENT DISTRICT NO. 99-1 (VERMONT DRIVE/EVERETT DRIVE IMPROVEMENTS) APPROVING THE AMENDED ENGINEER'S REPORT MODIFYING THE BOUNDARIES OF THE DISTRICT AND IMPOSING AN ASSESSMENT ON THE ADDITIONAL PARCEL RESOLUTION NO. 99-100 DEPARTMENT: Transportation and Engineering Services RECOMMENDED ACTION City Council adopt Resolution No. 99-100, approving the change of boundaries of Assessment District No. 99-1, confirming the assessment, and approving the Engineer's Report as amended. BACKGROUND On March 9, 1999, the City Council voted to form Assessment District No. 99-1, Vermont Drive/Everett Drive Improvements. The project approved by the property owners within the District will construct new road, storm drain, and sewer improvements in the area. Shortly before the public hearing on the vote of the property owners, an additional property owner voiced his desire to be included in the District. During the preliminary design of the District, this parcel appeared to be beyond the boundaries of the area benefiting from the proposed improvements. However, during the 45 -day period prior to the public hearing, the current property owner came forth and requested to be included in the District. The Assessment Engineer then verified that he will benefit from the improvements. On May 25, 1999, Resolution No. 99-84 was adopted, declaring the City's intention to modify the District boundaries to include this additional parcel. This resolution also called for a public hearing on the matter and asked for approval for an extension of the 30 -day cash collection period. The 30 -day cash collection period is allowed under the Municipal Improvement Act of 1913, under which Assessment District 99-1 is authorized to allow any property owner within the District to pay off his or her assessment early and save costs associated with the bond process. While the issues of the amended Engineer's Report and the cash collection period were both on the same resolution, they are individual items and do not affect each other. Therefore, this current resolution and public hearing cover only the issue of modifying the District boundary. Adopted: 9 Agenda Item;.. AMENDMENT TO ASSESSMENT DISTRICT NO. 99-1 June 8, 1999 - Page 2 This resolution will approve the amended Engineer's Report formally including this parcel in the District and authorizing the levy of an assessment on this additional parcel. The addition of this parcel will not increase the assessments on the parcels currently in the District, and will actually cause a decrease in the other assessments by spreading the approved costs over an additional parcel. The adjustment will take place when all final costs have been accounted for. ALTERNATIVE ACTIONS 1. Do not amend the Engineer's Report, 2. Other action as determined by the City Council. FISCAL IMPACT The original assessments, as approved on March 9, 1999, will not be affected by this additional parcel, and may in fact be reduced proportionally by the amount assessed to this new parcel. ATTACHMENTS Resolution No. 99-100 Exhibit "A," Location Map Amended Engineer's Report (available in City Clerk's Reading File) CCP:tw COUNCIL\R W-100.do CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING AND ADOPTION OF RESOLUTION TO CONSIDER MODIFICATIONS TO THE BOUNDARIES OF THE ASSESSMENT DISTRICT NO. 99-1— VERMONT DRIVE/EVERETT DRIVE IMPROVEMENTS TO INCLUDE CERTAIN PROPERTY AND APPROVING AN EXTENSION OF THE 30 -DAY CASH COLLECTION PERIOD FOR PROPERTY OWNERS WITHIN SAID DISTRICT WITHIN THE CITY OF SANTA CLARITA, CALIFORNIA PUBLIC NOTICE IS HEREBY GIVEN: That on May 25, 1999, the City Council of the City of Santa Clarita adopted Resolution No. 99- 84 with the following title: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DECLARING ITS INTENTION TO MODIFY THE BOUNDARIES OF ASSESSMENT DISTRICT NO. 99-1 (VERMONT DRIVE/EVERETT DRIVE IMPROVEMENTS) TO INCLUDE CERTAIN PROPERTY AND APPROVING AN EXTENSION OF THE 30 -DAY CASH COLLECTION PERIOD FOR PROPERTY OWNERS WITHIN SAID DISTRICT." A copy of said resolution, along with copies of related documents, are on file in the office of the City Clerk at 23920 Valencia Boulevard, Santa Clarita, CA. 91355. NOTICE IS HEREBY FURTHER GIVEN that at or after 6:30 p.m. on June 8, 1999, at the regular meeting place of the City Council, City Hall Council Chambers, 23920 Valencia Boulevard, Santa Clarita, CA., 91355, a public hearing will be held pursuant to Chapter 4.5 of the Municipal Improvement Act of 1913 relating to the modification of the boundaries of the above -referenced assessment district and the imposition of an assessment lien on the property referred to in Resolution No. 99-84. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the City Clerk's Office, Santa Clarita City Hall, 23920 Valencia Blvd., Suite #301, Santa Clarita, CA. If you wish to challenge this action in court, you may be limited to raising only those issues 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 25, 1999 Sharon L. Dawson, CMC City Clerk Publish Date: May 27, 1999 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA AFFIDAVIT OF MAILING BALLOT ss. Sharon L. Dawson, being first duly sworn, deposes and says: That she is now, and at the times mentioned was, the duly appointed City Clerk of the City of Santa Clarita, in the County of Los Angeles, State of California. That on the al � day of 04 Ar '19 991, she caused a ballot to be hand--JeI eredmaile to the record owner of land affected by the proposed boundary change of Assessment District No. 99-1 (Vermont Drive/Everett Drive Improvements), whose name and address is on file in the office of the City Clerk, --- of the balls , a true copy of which is attached hereto and by reference made a part hereofe in velope addressed to such affected person at the address shown on file in the office oft Clerk and by then causing the sealing of the envelope and deposit thereof, with posts reon fully prepaid, in the United States Post Office at California; that there is a delivery service by the United States Mail at the place so a sed and that there is a regular communication by mail between the place of mailing a e place so addressed. Sharon L. Dawson, City Clerk Subscribed and sworn to before me this -IL_ day of TtAA a '19 (2/17 Notary Public in and for the County of LosAngeles, State of California My Commission Expires: -// — Q.I' [SEAL] council \ affidavi.doc GERI K. BRYAN Commission w 1177319 zOnMyCo. Notary Puolic - California Los Angeles Counfy — mmExpires Apr22, 2002 CITY OF SANTA CLARITA PROPOSED ASSESSMENT DISTRICT NO. 99-1 (Vermont Drive/Everett Drive Improvements) Street, Sewer, and Storm Drain Improvements Dear Property Owner: In response to a request by residents in your area, the City of Santa Clarita has formally established an assessment district in your neighborhood under the Municipal Improvement Act of 1913 (Division 12, of the California Streets and Highways Code). Assessment revenues will be used to pay for the cost of street, sewer, and storm drain improvements in Everett Drive from Powell Drive south to the intersection with Vermont Drive. Background Currently, Everett Drive from Powell Drive south to the intersection with Vermont Drive is a private street and is in need of substantial improvement. The road is in constant need of repair due to the storm water runoff which Flows down the street rather than in a controlled storm drain or gutter. In addition, the current septic systems for many of the homes along Everett are failing and most lots are not large enough to allow a new septic system to be installed. For several years, the residents in the area have been investigating the possibility of forming an assessment district to help fund the needed improvements. As of September 1998, the City agreed to assist in the costs with a contribution of funds to go towards the construction of road, sewer, and storm drain improvements. At that time the City Council also gave the go ahead to start formation proceedings to formally establish an assessment district to fund these improvements in your neighborhood. On March 9, 1999, the City Council adopted the final Resolution formally establishing the District and directing staff to prepare plans and specifications for the construction of the improvements. Pr000sed Assessment The total proposed assessment for the City of Santa Clarita Assessment District No. 99-1, (Vermont Drive/Everett Drive) is $1,553,360. The proposed assessment for your parcel is $10,691.00. This amount is comprised of four (4) components, road, sewer, storm drain and easement credit. The particular amount proposed to be assessed against your parcel is dependent upon which combination of the improvements benefit your property, and whether or not a portion of easement is required over your property to construct the improvements. Not all properties benefit from all three improvements, and easements are only required over the actual locations that the improvements will be built. The components that apply to your property and their proportionate assessment are as follows: Street improvements $ 1,885 Sewer Improvements $ 8,806 Storm Drain Improvements $ 0 Total Assessment $10,691 Easement/Rights of Way Credit $ 0 Net Assessment $10,691 Details of how the assessments were calculated is included in the Engineer's Report which is available at the City for review. If approved, the assessment against your property can be paid in advance for an additional savings of approximately 10% or you can opt to let the amount be placed as a lien on your property to be paid in yearly installments on your property tax bill. The actual amount of this savings cannot be determined at this time since the final bond costs and interest rates have not been determined. In addition, if an easement is needed adjacent to your property for construction purposes the City will be requesting such an easement be dedicated to the City. If you choose to grant your easement to the City your assessment will be further reduced by the fair market value of the your land required for the easement as shown above. The figures shown above are the maximum amounts that can be placed on your property. As the project proceeds, the assessments will be adjusted to reflect actual costs. However, these figures can only be reduced and cannot, by law, be increased unless another public hearing is conducted Unless paid in advance, the duration of the assessment will be 29 years. A typical annual amount that would be placed on you tax bill can be determined by taking your net assessment (as shown above), multiplying it by three (3) and dividing it by twenty-nine (29). Example: a $5,000 assessment would be about $517 per year for 29 years. Public Hearing The City Council will hold a public hearing in the City Council Chambers at City Hall 23920 Valencia Blvd., Santa Clarita 91355 at the following date and time: PUBLIC HEARING June 8, 1999 7:00 p.m. At the public hearing, the public may testify regarding the formation of the assessment district and the levy of the assessment. If you challenge the assessment in court, you may be limited to raising only those issues you or someone else raised at the public hearing, or in written correspondence delivered to the City prior to the conclusion of the public input portion of the public hearing. Engineer's Repo For a detailed description of your proposed assessment district, the improvements, and the proposed assessment, please refer to the Engineer' Report prepared in connection with the proposed assessment. This report is on file in the office of the City Clerk, 23920 Valencia Blvd, Santa Clarita, California. Ballot Procedure The City is interested in your opinion regarding the proposed assessment. The City strongly encourages you to return the enclosed ballot indicating whether you support or oppose the proposed assessment. The Assessment Ballot must be received by the City Clerk prior to the time the City Council closes the public input portion of the public hearing on the proposed assessment. To ensure that your mailed ballot is counted, the City must receive it in the mail no later than 5:00p.m. on June 8, 1999. The City Council will record the returned Assessment Ballot at the public hearing following the close of the public input portion of the public hearing. Enclosures Enclosed is your Assessment Ballot. If you would like additional information you can either give Mr. Chris Price at the City a call at (805) 255-4961 or Mr. Bryan Miller at Willdan Associates (805) 945-8848. PETITION AND WAIVER PETITION FOR THE PROPOSED ANNEXATION TO CITY OF SANTA CLARITA ASSESSMENT DISTRICT NO. 99-1 (VERMONT DRIVE/EVERETT DRIVE IMPROVEMENTS) AND WAIVER OF CERTAIN PROCEEDINGS The Honorable Mayor and City Council Members of the City of Santa Clarita City of Santa Clarita 23920 Valencia Boulevard Santa Clarita, California 91355-2196 Honorable Mayor and Council Members: The undersigned are the owners of real property in the City of Santa Clarita (the "City") and hereby request that you institute proceedings to change the boundaries of the City of Santa Clarita Assessment District No. 99-1 (Vermont Drive/Everett Drive Improvements) (the 'District"), pursuant to the Municipal Improvement Act of 1913 (California Streets and Highways Code, Section 10000 et seq.) (the "Act"), to include certain property, and hereby respectfully petition, waive and show as follows: 1. We request that property owned by us be included within the District and that you take all steps necessary to complete the change of the boundaries of the District to include our property and to impose an assessment lien thereon for the purpose of financing, designing, constructing and acquiring certain street, storm drain and sewer improvements as described in the Engineer's Report relating to the District on file with the City. A description of the boundaries of the area proposed to be annexed to the District is attached hereto and incorporated herein as Exhibit "A" (the "Property"). 2. It being our intention for the City to proceed as quickly as possible with the proposed change to the District boundaries and the imposition of said assessment lien on the Property, we waive all otherwise applicable times for and notices of the public hearing relating to the proposed change and the imposition of the assessment lien on the Property. 3. On or about Maya, 1999, we were made aware of the June 8,1999 public hearing to be held by the City Council regarding the change of the boundaries of the District to include the Property and the imposition of the assessment lien on the Property. We agree that we received adequate notice of the hearing, and hereby expressly waive any mailed notice relating thereto. 4. We have received necessary and relevant information regarding the change of the boundaries of the District to include the Property and the imposition of the assessment lien on the Property, and the City has made available to me/us sufficient opportunity to obtain such information. 5. We understand that an Amendment to the Engineer's Report has been prepared in connection with the proposed change to the District, which includes, among other things, a description of the proposed Improvements, an estimate of the total cost of the Improvements, a diagram of the amended District, and an assessment of the total cost of the Improvements spread against the properties in the amended District. We understand that the Engineer's Report is on file in the office of the City Clerk, 23920 Valencia Boulevard, Suite 300, Santa Clarita, California 91355, and is open to inspection. 6. We hereby expressly waive any and all investigation and other proceedings required and all limitations under the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 " (being Division 4 of the California Streets and Highways Code, commencing with Section 2800) (the "1931 Act"). We understand that signing this Petition and Waiver is not a waiver of our right to protest the change proceedings for the District. However, we understand that by signing this Petition and Waiver, we waive any right we may have to stop the change of the boundaries of the District through filing a majority protest under the 1931 Act (i.e., written protests filed and not withdrawn by the owners of more than one-half of the area of the property to be assessed). 7. We understand that the City Council must abandon the proceedings to change the boundaries of the District in the event of a majority protest under Article XIIID of the California Constitution. A majority protest exists under Article XIIID if, at the conclusion of the hearing on the change of the boundaries of the District, the ballots submitted (and not withdrawn) in opposition to the proposed assessment on the Property (being the only property affected by the change) exceed the ballots submitted (and not withdrawn) in favor of the assessment on the Property, with ballots weighted according to the proportional financial obligation of the Property. Because the Property is the only affected property by the change in boundaries, there shall only be one ballot. 8. We understand that in the absence of a majority protest (as defined in paragraph 7, above) the City Council may, following the conclusion of the public hearing on the proposed change to the District, confirm the proposed assessment on the Property. We understand that the City Council may make changes to the proposed improvements (including the elimination of improvements) and cost estimates (including line items in the Engineer's Report); provided, however, this Petition and Waiver shall not be deemed a consent to any increase in the amount of our individual assessment beyond the amount set forth in the Engineer's Report. 2- DATED: , 1999 Respectfully submitted, THE PROPERTY IS OWNED BY: i MRA t jam Filed in the office of the City Clerk on e $ 199 4. By: N ^ti 6�z Ate-' City Clerk 3- EXHIBIT A DESCRIPTION OF BOUNDARIES Assessor Parcel Number 2829-020-032 within the City of Santa Clarita, County of Los Angeles, State of California, more commonly known as 25023 'h Everett Drive, Santa Clarita, California 91355. CERTIFICATE OF CITY CLERK REGARDING BALLOTS STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that pursuant to the provisions of Section 53753 of the Government Code and Section 4(e) of Article XIIID of the California Constitution, I did tabulate the ballot received in connection with the public hearing for the proposed change in boundaries of the CITY OF SANTA CLARITA ASSESSMENT DISTRICT NO. 99-1 (VERMONT DRIVE/EVERETT DRIVE IMPROVEMENTS) held on June 8, 1999. I FURTHER CERTIFY that the ballot cast and not withdrawn in favor of the proposed change to the boundaries of the Assessment District represent the entire affected assessment. Therefore, a majority protest as defined by Section 4(e) of Article XIIID does not exist. WITNESS my hand and Official Seal this � day of CITY OF SANTA CLARITA, CALIFORNIA By � Sharon L. Dawson, City Clerk council \ affidavi. doe ASSESSMENT BALLOT ASSESSMENT DISTRICT 99-1 VERMONT DRIVE/EVERETT DRIVE IMPROVEMENTS A.P.N.: 2829-020-032 OWNER OF RECORD: Steve and Melinda Manzo 6P approve of the proposed assessment of $10,691 on the parcel identified on this ballot. NO: I do not approve of the proposed assessment of $10,691 on the parcel 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 t,be-parKl identified above. Signature of record wner or Date authorized representative