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HomeMy WebLinkAbout2015-06-23 - AGENDA REPORTS - ANNEX TRACT 60258 FIVE KNOLLS (2)Agenda Item: 11 CITY OF SANTA CLARITA Q) AGENDA REPORT PUBLIC HEARING CITY MANAGER APPROVAL: 4 DATE:. June 23, 2015 SUBJECT: ANNEXATION OF PARCELS WITHIN TRACT 60258 (FIVE KNOLLS) INTO LANDSCAPE MAINTENANCE DISTRICT NO. DEPARTMENT: Administrative Services PRESENTER: Kevin Tonoian RECOMMENDED ACTION City Council conduct a public hearing and open and review ballots. If no majority protest exists, adopt a resolution approving the Engineer's Report for annexing parcels in Tract 60258 into the City of Santa Clarita Landscape Maintenance District No. 1, Zone 2008-1 and Zone 31 (Five. Knolls), and ordering levies beginning Fiscal Year 2015-16. If a majority protest exists, no action will be required. BACKGROUND On April 25, 2006, the City Council approved the Five Knolls (Keystone) project. This project (Tentative Tract Map 60258) consists of 499 residential units.'A revision to the project, including the Final Conditions of Approval, was approved by the Planning Commission on April 16, 2013. Pursuant to Conditions of Approval SD2, SD3, and SD4, the property owner shall annex the property into the City Landscape Maintenance District (LMD) for the maintenance and improvement to landscape on the perimeter of the project, abutting thoroughfares, parkways, paseos, all City maintained trees, and the park. The proposed LMD Zone 31 will fund costs associated with the maintenance of landscape improvements including, but not limited to, contractual services, utilities including water and electricity, administration, and.the establishment of reserves for the future replacement of significant infrastructure. The Engineer's Report contains the proposed boundaries of LMD Zone 31, identifies the proposed facilities and services to be funded, determines the general and special LMD benefits received by properties, and the methodology to apportion the annual assessments. All parcels were established concurrently to the conditions set forth for the continued maintenance of these landscape and infrastructure improvements. As a result, each parcel within LMD Zone 31 Page 1 001100TED � tik�a� :�ig-o- receives a special and distinct benefit from the improvements At the April 28, 2015 regular meeting, the City Council adopted procedural resolutions setting tonight's public hearing on annexing territory into the City's LMD Zone 31 (Five Knolls). On May 8, 2015, the ballot and notice were sent to the property owners. On May 9, 2015, the notice Of public hearing was published in The Signal newspaper. The annual assessment to maintain the improvements associated with LMD Zone 31 will be $333,690.50. The proposed maximum annual assessment for a single-family detached residence in LMD Zone 31 will be $650 per equivalent benefit unit (EBU). The maximum assessment for LMD Zone 2008-1 for Fiscal Year 2015-16 is recommended to be $63.62 per EBU. The maximum assessment rate will adjust each year based on the annual change in the Consumer Price Index (CPI), all Urban Consumers, for the Los Angeles Riverside -Orange County Area. The actual assessment levied in any fiscal year will be approved by the City Council and may not exceed the maximum assessment rate. The City will begin levying properties commencing in Fiscal Year 2015-16. ALTERNATIVE ACTION 1. Do not approve annexing Tract 60258 into Landscape District No. 1. 2. Other direction as determined by the City Council. FISCAL IMPACT There is no impact to the General Fund. All expenses associated with the creation of the LMD zone will be borne by the developer. ATTACHMENTS Public Hearing Notice Resolution Engineer's Report . Page 2 Packet Pg. 89 CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita in the City Hall Council Chambers, 23920 Valencia Boulevard, first floor, Santa Clarita, California, on the 23th day of June 2015, at or after 6:00 p.m., to consider annexation of parcels within Tract 60258 into City of Santa Clarita Landscape Maintenance District No. I Zone 2008-1 and creation of a new zone in Landscape Maintenance District No. 1 Zone 31 (Five Knolls). The City Council, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Section 22500 through 22679 of the California Streets and Highways Code, and Article XIII D of the California Constitution (Proposition 218), the Proposition 218 Omnibus Implementation Act will take appropriate consideration and action. 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 Administrative Services Department, 23920 Valencia Boulevard, Santa Clarita, CA 91355; (661) 290-2202, Darin Seegmiller, Project Development Coordinator. 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 7, 2015 Kevin Tonoian City Clerk Publish Date: May 9, 2015 Packet Pg. 90 RESOLUTION 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, APPROVING A FINAL ENGINEER'S REPORT, ORDERING ANNEXATIONS INTO LANDSCAPE MAINTENANCE DISTRICT NO. 1, PROVIDING FOR THE LEVY AND COLLECTION OF THE ANNUAL ASSESSMENTS THEREIN, AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Santa Clarita (City) has initiated proceedings to annex properties in the City into Zone 31 (Five Knolls) within Landscape Maintenance District (LMD) No. 1 (Annexation) pursuant to the provisions of the "Landscaping and Lighting Act of 1972," being Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500) and in accordance with Article XIIID of the California Constitution and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the California Government Code) (collectively the "Assessment Law"), to fund the costs of installation, servicing, and maintenance of landscaped improvements within public rights-of-way and dedicated landscape easements within the City; and WHEREAS, the City Council did order and subsequently receive a report prepared by Willdan Financial Services (Assessment Engineer), prepared in accordance with the Assessment Law; and WHEREAS, the City Council did set the time and place for a Public Hearing to consider the Annexation and to authorize the annual levy of assessments therein, and did order that notice of such Public Hearing, accompanied by assessment ballots, be given to the record owners of property within the proposed Annexation in accordance with the provisions of the Assessment Law; and WHEREAS, notice of such Public Hearing accompanied by assessment ballots were mailed to the record owners of property within the proposed Annexation in accordance with the provisions of the Assessment Law; and WHEREAS, the City Council considered all oral and written statements, protests, and communications made or filed by any interested persons; and WHEREAS, a Final Engineer's Report has been duly presented by the City Clerk for consideration and has been frilly considered by the City Council; and WHEREAS, following conclusion of the Public Hearing, assessment ballots received by the City were tabulated by the City Clerk, and a majority protest did not exist. NOW THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Recitals. The above recitals are true and correct. Packet Pg. 91 M LU z 0 N 0 J M N N T- C 0 .7 0 N d rx c d E r v m SECTION 2. Procedures. The City Council hereby finds and determines that the procedures for the consideration of the levy of the assessments have been undertaken in accordance with the Assessment Law. SECTION 3. Assessment Ballot Procedures. Assessment ballots were mailed as required by Assessment Law to the record owners of all properties within the Annexation, which are proposed to be assessed. The assessment ballots that were completed and received by the City Clerk prior to the close of the Public Hearing have been tabulated in accordance with the procedures established by Assessment Law and the City Council, and the results of such tabulation have been submitted to the City Council. The City Council hereby finds that the assessment ballots submitted in favor of the levy of assessments, as weighted in accordance with Assessment Law, exceed the assessment ballots submitted in opposition to such levy, also as weighted in accordance with Assessment Law; therefore, no majority protest to the levy of assessments within the Annexation has been found to exist. SECTION 4. _Approval of Final Enuineer's Report. The Final Engineer's Report, including the plans, specifications, general descriptions, estimate of the cost of installation, servicing, and maintenance of landscaped and appurtenant improvements within public rights-of- way and dedicated landscape easements within various areas in the City (the `Improvements") and incidental expenses in connection therewith, the diagram and the proposed assessments, is hereby approved as filed and incorporated herein by this reference. SECTION 5. Annexation of Territory. The City Council hereby orders the Annexation. SECTION 6. Creation of LIVID Assessment Zones. The City Council hereby orders the W creation of LMD Assessment Zone No. 31 (Five Knolls). O N SECTION 7. Determination and Confirmation. Based upon the Final Engineer's Report D and the testimony and other evidence presented at the Public Hearing, the City Council hereby makes the following determinations regarding the assessments proposed to be imposed N commencing with Fiscal Year 2015-16 and the annual assessment proposed to be imposed to pay for the estimated costs of the maintenance of all of the improvements to ultimately be maintained o upon the completion and acceptance of thereof: a. The proportionate special benefit derived by each parcel assessed has been 0 N determined in relationship to the entirety of the cost of the operations and maintenance expenses. v E b. The assessments do not exceed the reasonable cost of the proportional special benefit r v conferred on each parcel. a c. Only the special benefits have been assessed. The maximum assessments for the Annexation contained in the Final Engineer's Report for Fiscal Year 2015-16 are hereby confirmed. Subsequent annual assessments in amounts not to exceed the maximum annual assessment of the estimated costs of the maintenance of all of the Packet Pg. 92 improvements to ultimately be maintained upon the completion and acceptance of thereof as set forth in the Final Engineer's Report may be subsequently confirmed and levied without further assessment ballot proceedings pursuant to the Assessment Law. Each fiscal year after the base year (Fiscal Year 2015-16), the maximum assessment shall be increased by the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the Los Angeles, Riverside, and Orange County areas, published by the United States Department of Labor, Bureau of Labor Statistics (or a reasonably equivalent index if such index is discontinued) without further compliance with the assessment ballot procedures required under the Assessment Law. SECTION 8. Ordering of Maintenance. The public interest and convenience requires, and this legislative body does hereby order, the maintenance work to be made and performed as said maintenance work is set forth in the Final Engineer's Report. SECTION 9. Filing with Secretary. The above -referenced diagram and assessment shall be filed in the Special Districts' office. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. SECTION 10. This resolution shall take effect immediately. SECTION 1 1. The City Clerk shall certify to the passage and adoption of this resolution, cause the same to be entered in the book of resolutions of the City, and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is presented. PASSED, APPROVED AND ADOPTED.this 23rd day of June 2015. MAYOR M ATTEST: C O O N d CITY CLERK 0: c a E DATE: a Packet Pg. 93 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) t, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution No. 15- was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 23rd day of June 2015, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK Packet Pg. 94 Q