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HomeMy WebLinkAbout2004-03-09 - AGENDA REPORTS - SMD 1 SIERRA HWY ANNEX (2)Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: Item to be presented by: Mark Yamarone DATE: March 9, 2004 SUBJECT: ANNEXATION OF TERRITORY INTO SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT NO. 1 AS ANNEXATION NO. 2003-L57,17873 SIERRA HIGHWAY DEPARTMENT: Transportation and Engineering Services RECOMMENDED ACTION City Council adopt a resolution to initiate annexation proceedings for Annexation No. 2003-1-57 into Streetlight Maintenance District No. 1; approve the Engineer's Report; declare the City's intention to annex the territory; and set the public hearing for March 9, 2004. BACKGROUND As a condition of the approval of Assessor Parcel No. 2839-018-002, located at 17873 Sierra Highway, streetlight improvements are required. Froylan G. Huanosta, hereinafter referred to as the "Developer," has agreed to install or provide funds for all necessary on-site streetlight improvements as required as a condition of the approval of the aforementioned parcel. The Developer has signed a petition requesting the annexation of this streetlight maintenance into Santa Clarita Streetlight Maintenance District No. 1 (District) as Annexation No. 2003-L57. This annexation will provide for the continued maintenance of these improvements after they are installed and accepted by the City. The Developer has provided the City with a signed petition and an assessment ballot giving approval to the annexation of property into the District. By signing the petition, the Developer has waived the time period for holding the public hearing, the noticing, and the right to majority protest at the public hearing, and has submitted an assessment ballot in favor of the annexation. Thus, the public hearing for the annexation can be held on the same date as the consent calendar item initiating the annexation. Adopted: P o. y )-- The funds for maintenance costs will be collected on the Fiscal Year 2003/2004 Tax Roll. It is the City's intention to annex Assessor Parcel No. 2839-018-002 into Streetlight Maintenance District No. I as Annexation No. 2003-L57. The proposed annual lighting maintenance assessment is $100 per lot, for a total of $100.00. The annexation of this territory is in compliance with Proposition 218. ALTERNATIVE ACTIONS Other action determined by the City Council. FISCAL IMPACT The annexation of this territory will provide funding for the operation and maintenance of the street lighting for the territory mentioned above. The estimated revenues and expenditures collected from the annexation for annual maintenance will be $100.00. ATTACHMENTS Resolution Exhibit "A" - Location Map Engineer's Report available in the City Clerk's Reading File Petition available in the City Clerk's Reading File Ballot available in the City Clerk's Reading File ENGINEER'S REPORT CITY OF SANTA CLARITA ANNEXATION NO. 2003-1,57 INTO STREETLIGHT MAINTENANCE DISTRICT NO. 1 17873 SIERRA HIGHWAY FISCAL YEAR 2003/2004 SANTA CLARITA, CALIFORNIA ENGINEER'S REPORT CITY OF SANTA CLARITA ANNEXATION NO. 2003-L57 STREETLIGHT MAINTENANCE DISTRICT NO. 1 17873 SIERRA HIGHWAY TABLE OF CONTENTS I. Introduction II. Plans and Specifications III. Estimated Costs of the Improvements IV. Fiscal Year 2003/2004 Budget Estimate V. Assessment VI. Method of Assessment VII. Certifications APPENDIX Page 1 3 3 4 5 5 9 A. Assessment Diagram 11 B. Assessment Roll 12 ENGINEER'S REPORT CITY OF SANTA CLARITA ANNEXATION NO. 2003-L57 INTO STREETLIGHT MAINTENANCE DISTRICT NO. 1 17873 SIERRA HIGHWAY 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. 2003-L57, 17873 Sierra Highway, 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 into 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 associated with 17873 Sierra Highway as shown on Appendix "A." 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. As written, Proposition 218 exempts assessments for street purposes. The maintenance services in Streetlight Maintenance District No. 1 are for streetlights. They are an integral part of the entire street, the same as curb, gutter, pavement, signage, and striping. Taken as a group, they are the elements that provide a safe route for motorists. 1 Streetlights are installed to make streets safer. Streetlights are installed to provide 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 is exempt under the provisions of Proposition 218. Each property owner who owns parcels subject to the assessment will be sent an Assessment Ballot requesting their 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 of Intention 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 prepared by the engineer details only the proposed annexation to the existing district and must include; plans and specifications of the improvements; an estimate of the costs 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 costs 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 of Intention which declares its intent to annex territory and levy and collect assessments, describes the improvements, including maintenance and servicing, refers to the assessment district and annexation by its distinctive designation, refers to the report for the details of the district and annexation, and sets a time and place for a public hearing on the levy of the proposed assessment. Following the initial Council Meeting, the City will send an Assessment Ballot with which the property owners can vote on the annexation and assessment. 2 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. Assessments, if authorized, would be placed on the 2003/2004 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 the County Tax Collector distributes assessment funds in December of 2004. II. PLANS AND SPECIFICATIONS The proposed improvements for Annexation No. 2003-1,57 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 the vicinity of 17873 Sierra Highway in the City of Santa Clarita. Plans and Specifications for the improvements for Annexation No. 2003-1,57 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 costs of the improvements shall include the total cost of the improvements for Fiscal Year 2003/2004, 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 costs of improvements for Streetlight Maintenance District No. 1, including Annexation No. 2003-L57, are voluminous and are not bound in this report but by this reference are 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. 2003-L57 INTO STREETLIGHT MAINTENANCE DISTRICT NO. 1 17873 SIERRA HIGHWAY 2003/2004 FISCAL YEAR BUDGET ESTIMATE ASSESSMENT LOTS OR PARCELS: 1 TYPE OF LAND USE: DAY CARE CENTER BUDGET ITEM Total Funds Required Available Carryover Other Revenue To be Raised by Parcel Assessment FUTURE EST ACTUAL DISTRICT FY 2003/04 $ 100.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $0.00 $ 100.00 $ 0.00 Maximum Annual Per -Unit Assessment $ 100.00 Based on $50 per equivalent unit, for 2 equivalent units per lot on 1 (one) proposed lot for 2 total equivalent units. 11 IV. ASSESSMENT DIAGRAM The boundary map/diagram is included herein as "Appendix A". V. ASSESSMENT All assessed lots or parcels of real property within the annexation are listed on the assessment roll, which is on file at the City and is hereby made a part of this report by reference. The assessment roll states the net amount to be assessed upon assessable lands within Annexation No. 2003-L57 for Fiscal Year 2003/2004, shows the Fiscal Year 2003/2004 maximum assessment upon each lot or parcel within the annexation and the Fiscal Year 2003/2004 actual assessment, and describes each assessable lot or parcel of land within the annexation. These lots or parcels are more particularly described in the 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 B." Commencing with Fiscal Year 2003/2004, the amount of the maximum assessments for Annexation No. 2003-1,57 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 or annexation 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 or annexation. The general enhancement of property value does not constitute a special benefit. 5 SPECIAL BENEFIT The City, in determining the necessity of annexing territory into the existing street light maintenance district, took into account the cost of providing services to the residents, businesses, and properties located within the annexation. Each and every parcel within the annexation receives a particular and distinct benefit from the improvements over and above general benefits conferred by the improvements. 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. In the annexation, all the 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. The improvements also 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 benefit 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. 2003-1,57 helps to visually join the various segments of the community, which enhance property. All of the above mentioned contributes to a specific enhancement of the property values of each of the parcels within the annexation. In addition, the benefit provided by streetlighting consists of safety for pedestrians with the property in the Annexation during the nighttime hours. This is a distinct and special benefit to all developed parcels in the annexation. Streets are constructed for the safe and convenient travel by vehicles and pedestrians. They also provide an area for underground and overhead utilities. Streetlights are installed on and are 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 may include streetlights. Streetlighting can be determined to be an integral part of streets as a permanent public improvement. One of the principal purposes of fixed roadway lighting is to create a nighttime environment conducive to quick, accurate, and comfortable seeing for the user of the facility. These factors, if attained, combine to improve traffic safety and achieve efficient traffic movement. Fixed lighting can enable the motorist to see detail more distinctly and to react safely toward roadway and traffic conditions present on or near the roadway facility. Streetlights are considered an integral part of the entire street, the same as curb, gutter, pavement, signage, and striping. Taken as a group, they are the elements that provide a safe route for motorists and pedestrians. Streetlights are installed to make streets safer. Streetlights are installed to provide 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 design speed of the street and the natural ability of the motorist's eyes to adjust to light and dark areas. The system of streets adjacent to the annexation is established to provide access to each parcel in the annexation. Streetlights provide a safer street environment for owners of the parcels served. If the parcels were not subdivided to provide individual parcels to owners within the annexation, there would be no need for a system of streets with safety lighting. The City has determined that streetlights are also an integral part of the quality of life within the City. This quality of life is a special benefit to some degree to all parcels, except government owned parcels, including easements, and flood channel parcels. 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. 7 However, since the installation of streetlights is for the express special benefit of the parcels within the annexation and since each and every parcel within the annexation receives a particular and distinct benefit from the improvements, there is considered no general benefits conferred by the improvements to the public at large. APPORTIONMENT For Fiscal Year 2003/2004, Annexation No. 2003-L57 to the Santa Clarita Streetlight Maintenance District No. 1 will adopt the current rate schedule as used by the existing district. The Landscape and Lighting Act of 1972 indicates that lighting assessments may be apportioned by any formula or method which fairly distributes costs among all lots or parcels within the district/annexation in proportion to the estimated benefits received. The primary benefits of streetlighting are for the convenience, safety, and protection of people and to a lesser extent the security or protection of property, property improvements, and goods. The intensity or degree of illumination provided can have a bearing on both. The proposed maximum assessment rate for Fiscal Year 2003/2004 is proposed to be $50.00 per Equivalent Unit. The following information can be used to determine the unit count per parcel. Intensity or degree of illumination provided on streets in the district varies with the type of street and the use of the property adjacent thereto. The cost of providing the highest recommended degree of illumination (used in commercial areas) is about four times the cost of providing the intensity recommended for the lowest category which included residential properties. Based on land use information provided by the County Assessor, it has been determined that in the existing district over 93 percent of the parcels is in a residential category. Approximately 83 percent are single-family homes or condominiums and the remainder are duplexes, triplexes, or apartments. In view of this, and the benefits derived by the family unit, both at and in the proximity of their property, a value of (1) one has been assigned to the basic family unit, i.e. the single-family home or condominium. The existing district includes some properties that may not actually have streetlights in their block but which do receive a neighborhood benefit from the lights in the area. These properties were also included in the district. Therefore, a value of 1/2 was given to people use while intensity and security benefit were each rated at 1/4 to form the basic unit of (1) one. Parcels in other land use categories were then rated by comparison with the basic unit. Reference is made to the annual Engineer's Report, on file with the City, for the Santa Clarita Streetlight Maintenance District No. 1, Fiscal Year 2003/2004 for details on the land use categories and benefit units assigned to them. In this commercial annexation, all the 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. E Currently, there is one parcel proposed with the number of equivalent units assigned to the each lot will be the same as "Group B" from the existing district. The "per unit rate" is then applied to the number of units assigned to each parcel to come up with the assessment per parcel. Group B Rating Breakdown Moderate Intensity Lighting .50 unit Nominal People Use 1.00 Moderate Security Benefit .50 unit Total 2.00 units Property Type • Day Care Center VII. CERTIFICATIONS PRELIAUNARY APPROVAL Preliminary approval by the City Council of the City of Santa Clarita on the t day of W1 6F,tua 2004. d a 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 Y�ldi-2CIA , 2004. Sharon L. Dawson, City Clerk City of Santa Clarita I,SM9-014 1",as City Clerk, do hereby certify that the foregoing assessments, together with the boundary maps attached thereto, were filed in my office on the ?kO' day of v1,W N , 2004. Sharon L. Dawson, City Clerk City of Santa Clarita I 1, 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 `W' day of WAoi c 0, 2004. Sharon L. Dawson, City Clerk City of Santa Clarita 1, LL�N►�i� City Engineer of the City of Santa Clarita do hereby certify that the foregoing assessments, tpgether with he boundary maps attached thereto, were recorded in my office on their day of Lit,? 2004. t e man, Director of Transportation & Engineering Services City of Santa Clarita State of California S:tes\cpp\lighting district \L59 \2003-L59 eng rytdoc tel' "APPENDIX A" ASSESSMENT DIAGRAM 11 Santa e EXHIBIT "A" STREETLIGHT ANNEXATION NO. 2003-1-57 Apn No. 2839 - 018 - 002 POIy AL, yew CWAS ST 4 �i 0�F w 4 F" 0 1500 Q 1 " = 300' Main Map Mow Smite Streetlight Annexation Boundary the Gy of Santa Cierra aces not waned, m racy Anne data and assumes na ladmry for any errors ., ua baler, mel data Cnpyngni 1999 County If Los Mgeies a `Jignal Map Products fOMPf Ni drops reserved The data hard.is the pmpdetary, port If tM County dl Los Angeles 8 OMP supplied under frees¢ and me, ' M cee..cast as ',',..n,.c.nsoy me oodmy of ds a,geies9dua EMP Parcel fifteenths, is "cry's. I, the Otte of the Los Angeles County Assesw Los Angel es County& DMP a peny, m for any ors of omission m sec, lopra-na surf Map prepared by GIS EmfefM Cry of Santa Clams File'. p'lproject5Ve1040219L21annex20C3-LS7 aor tFen m 9non "APPENDIX B" ASSESSMENT ROLL ANNEXATION NO. 2003-L57 INTO STREETLIGHT MAINTENANCE DISTRICT NO. 1 17873 SIERRA HIGHWAY The assessment roll for the annexation to the Streetlight Maintenance District 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. Annexation Assessor Maximum FY 2003/2004 2003-L57 2839-018-002 no] Total Maximum Assessment FY 2003/2004 S. tea\WP\lighting diAnct\L59\2003-L59 eng t.d. 12 $ 0.00 $100.00 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-L57 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, Froylan G. Huanosta (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: 17873 Sierra Hwy, in the City of Santa Clarita, County of Los Angeles, State of California, currently known as Assessor Parcel No. 2839-018-002 B. WHEREAS, the owners are developing the Property as a Day Care lot 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 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. 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 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 propose 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: Froylan G. Huanosta �igm�turereocrd owner or Date authorized representative BALLOT SANTA CLARITA STREETLIGHT MAINTENANCE DISTRICT No. 1 ANNEXATION No. 2003-L57 Assessor Parcel Number(s): 2839-018-002 Location: 17873 Sierra Hwy OWNER OF RECORD: Froylan G. Huanosta YES I approve the proposed annual streetlight maintenance assessment of $100 for the lot, a total of $100 for the annexation. 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 for the lot, a total of $100 for the annexation. 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. C- (� OY nature',of record owner or Date authoriz representative