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HomeMy WebLinkAbout2015-04-28 - AGENDA REPORTS - LMD RESOS TRACT 60258 (2)Agenda Item: 5 CITY OF SANTA CLARITA Q) AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: April 28, 2015 SUBJECT: LANDSCAPE MAINTENANCE DISTRICT RESOLUTIONS INITIATING PROCEEDINGS, APPROVING AN ENGINEER'S REPORT, AND TAKING OTHER ACTIONS IN CONNECTION WITH TRACT 60258 (FIVE KNOLLS) DEPARTMENT: Administrative Services PRESENTER:. Kevin Tonoian RECOMMENDED ACTION City Council: I . Adopt a resolution to approve the Engineer's Report, declare its intention to order annexations into and creation of a new zone in Landscape Maintenance District No. I Zone 3 1 (Five Knolls), and to levy assessments begginning in Fiscal Year 2015-16. 2. Adopt a resolution to initiate proceedings, make certain designations in connection with the proposed annexations into Landscape Maintenance District No. I Zone 2008- 1, and to levy assessments beginning in Fiscal Year 2015-16. 3. Set a public hearing for June 23, 2015, as a time and place to hear comments on this proposed action, and close the time period to receive ballots. BACKGROUND On April 25, 2006, the City Council approved the Keystone project, which is now referenced as Five Knolls. 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 tile Planning Commission on April 16, 2013. Pursuant to Conditions of Approval SD2, SD3, and SD4, the property owner shall annex the property into and create a new Zone within Landscape Maintenance District (LMD) No. I for the maintenance and improvement to landscape on the perimeter of the project, abutting thoroughfares, parkways, pascos, all LMD-inaintained trees, and the park. In addition, the property owner shall annex the property into the area -wide LMD Zone 2008- 1, responsible for fl 5- / �' Page I A - 13 Packet Pg. 47 AM Qj VED U _JaL�o / 5. 1 the maintenance of landscaped medians on major thoroughfares throughout the City of Santa Clarita. The proposed LMD Zone 31 (Five Knolls) will fund costs associated with the maintenance of landscape improvements including, but not limited to, maintenance and monitoring, utilities including water and electrical, administration, and the establishment of reserves for the future replacement of significant infrastructure located within this LIVID zone. The Engineer's Report contains the proposed boundaries of LMD Zone 3 1, identifies the proposed facilities and services to be funded, determines the general and special LIVID 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 landscape and infrastructure improvements, and as a result. each parcel within LMD Zone 31 receives a special and distinct benefit from these improvements. The annual assessment to maintain the improvements associated with LIVID 31 will be $333,690.50. The annual assessment for a single-family detached residence in LMD Zone 3 1 will be $650 per equivalent benefit unit (EBU). The proposed maximum assessment for LIVID Zone 2008-1 for Fiscal Year 2015-16 is recommended to be $63.62 per EBU. Furthermore, as 380 of the 499 residential units approved as part of this development are considered condominiums, these parcels will be assessed at a reduced rate equal to 75% of one EBU. This methodology reflects the proportional special benefit condominiums, which are typically smaller than single-family homes, receive from these improvements. Pending the City Council's approval of this matter, a public hearing will be scheduled for June 23, 2015, as a time and place to hear comments on this proposed action, and close the time period to receive ballots. The maximum assessment rate will adjust each year based on the annual change in the Consumer Price Index, all Urban Consumers, for the Los Angeles Riverside -Orange County Area ("CPI"). 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. The cost to prepare the Engineer's Report to create LMD Zone 31 and annex the property into LMD Zone 2008-1 is estimated to be $13, 100. While the City by law is responsible for retaining an assessment engineering firm to oversee the creation of the LMD zone, the property owner is financially responsible for all costs associated with these actions. To complete this Engineer's Report, the project developer is required to deposit funds into a pass-through account, which will be managed by the Administrative Services Department and utilized to cover costs incurred by the assessment engineer to create this LIVID zone. ALTERNATIVE ACTION 1. Do not adopt a resolution to annex Tract 60258 into Landscape District No. 1, LMD Zone 2008- 1, and LM D Zone 3 1. Page 2 Packet Pg 48 2. Other action as determined by the City Council. FISCAL IMPACT ,rhere is no impact to the General Fund. All expenses associated with the creation of the LMD zone will be borne by the developer. ATTACHMENTS Resolution - Initiating Proceedings (Five Knolls Zone 31) Resolution - Approving ER and Intent to Order Annexations (Five Knolls Zone 3 1) I Engineer's Report LIVID Annexation No 31 and 2008-1 FY15-16 Page 3 Packet Pg. 49 RESOLUTION NO. 15 -XX 0 I= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF P E SANTA CLARITA, CALIFORNIA, INITIATING PROCEEDINGS AND i - MAKING CERTAIN DESIGNATIONS IN CONNECTION WITH PROPOSED z Uj ANNEXATIONS INTO LANDSCAPE MAINTENANCE DISTRICT NO. I I - z 7 z 0 WHEREAS, the City Council of the City of Santa Clarita (the "City") desires to undertake proceedings 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 0 U. with Section 22500) (tile "Act") and in accordance with Article XIIID of tile California 0) Constitution and the Proposition 218 Omnibus Implementation Act (commencing with Section -j -j 53750 of the California Government Code) to annex various properties in the City into and 0 z create a new Zone within Landscape Maintenance District (LMD) No. I (the "Annexation") to fund the costs of installation, servicing, and maintenance of improvements within public rights- > of -way and landscape easements within various areas in the City (the "Improvements"); and WHEREAS, the boundaries of the proposed Annexation shall be as described on the map LU z presented to this Council and on file with the Special Districts Office and incorporated herein by 0 N reference; and WHEREAS, the City has approved a consulting engineer's contract with Willdan Financial Services, naming Willdan- Financial Services as the Assessment Engineer and firm responsible for preparing the Engineer's Report and assisting in tile public hearing and formation process for the proposed Annexation. NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows: SECTION 1. The City Council of the City proposes to annex various properties into and create a new Zone within LMD No. 1. The boundaries of said Annexation shall be as described on the maps entitled "City of Santa Clarita Landscape Maintenance District No. I Zone 3 1 (Five Knolls)," and "City of Santa Clarita Landscape Maintenance District No. I Zone 2008-1," on file with the Special Districts Office. SECTION 2. The purposes of the Annexation is to fund the costs of installation, servicing, and maintenance of eligible improvements within public rights-of-way and dedicated landscape easements within various areas in the City. SECTION 3. Wilidan Financial Services, an engineer registered pursuant to the Professional Engineers Act (Chapter 7, commencing with Section 670, of Division 3 of the Business and Professions Code), has been designated Assessment Engineer for the proposed Annexations. Willdan Financial Services is hereby ordered to prepare and file an "Engineer's Report" for the City Council's review, consideration, and adoption in accordance with the Act and the laws of the State of California. I Packet Pg:5:0�] SECTION4. This resolution shall take effect immediately. SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of resolutions of the City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of the City in the minutes of the meeting at which the same is presented. PASSED, APPROVED AND ADOPTED this 28th day of April 2015. MAYOR ATTEST: CITY CLERK DA STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF SANTA CLARITA 1, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 28th day of April 201 5� by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK Packet Pg. 51 r 0 0 r W E RESOLUTION NO. 15 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING AN ENGINEER'S REPORT AND DECLARING ITS INTENTION TO ORDER ANNEXATIONS INTO AND CREATION OF A NEW ZONE IN LANDSCAPE MAINTENANCE DISTRICT NO. I AND TO LEVY AN ASSESSMENT THEREON, AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWIT14 WHEREAS, the City Council of the City of Santa Clarita (the "City") has initiated proceedings to annex various properties in the City into and create new Zones within Landscape Maintenance District (LMD) No. I (the "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) (the "Act") and in accordance with Article XIIID of the California Constitution and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the California Govermlient Code), to fund the costs of installation, servicing, and maintenance of landscaped improvements within public rights--of-way and dedicated landscape easements within various areas in the City; and WHEREAS, the boundaries of the proposed Annexations shall be as described on the maps entitled "City of Santa Clarita Landscape Maintenance District No. I Zone 31 (Five Knolls)" and "City of Santa Clarita Landscape Maintenance District No. I Zone 2008-1," presented to this Council and on file with the Special Districts Office and incorporated herein by reference: and WHEREAS, the Assessment Engineer, Willclan Financial Services, has filed with the Special Districts Office and the City Clerk has presented to the City Council a report dated April� 28, 2015 (the "Engineer's Report") regarding the proposed Annexations and containing the matters specified in Section 22586 of the Act; and WHEREAS, the Engineer's Report has been duly presented by the Special Districts Office for consideration and has been fully considered by the City Council; NOW THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows: SECTION 1. The above recitals are true and correct. SECTION 2. The En-incer's Report, including the plans, specifications, general descriptions, estimate of the cost of installation, servicing, and maintenance of landscaped 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. The Engineer's Report shall stand as the report for the purpose of all subsequent 0 z �c Lu z 0 N a 0 0 E I Packet Pg. 52 1 proceedings under the Act and Article XIIID, except that it may be confirmed, modified, or corrected as provided in the Act. SECTION 3. The City Council hereby finds that the public interest, necessity, and convenience require the installation, servicing and maintenance of the Improvements, and this City Council hereby declares its intention to annex various properties into and create new Zones within LMD No. 1. The boundaries of the Annexation shall cover the real property benefited by the Improvements and are described on the map entitled "City of Santa Clarita Landscape Maintenance District No. I Zone 31 (Five Knolls)," and "City of Santa Clarita Landscape Maintenance District No. I Zone 2008-1," on file with the Special Districts Office. The City Council hereby declares and finds the land within the boundaries of the Annexation to be specially benefited by the Improvements and/or the maintenance thereof. SECTION 4. The purpose of Annexation is to fund the costs of installation, servicing, and maintenance of improvements within public rights-of-way and dedicated landscape casements within various areas in the City of bereft to the Property within the Annexation. All improvements and work to be funded by the Annexation shall be done in accordance with the Engineer's Report, on file in the Special Districts Office, and which is hereby referred to and by this reference incorporated herein and made a part hereof. The Engineer's Report and its exhibits contain a full and detailed description of the Improvements and the maintenance thereof which may be funded by the Annexation, the boundaries of the Annexation and- the proposed assessments upon the assessable properties in the Annexation. SECTION 5. As set forth in the Engineer's Report, the maximum annual maintenance assessment rates will be increased each Subsequent Fiscal Year 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). The actual assessment to be levied in each fiscal year will be as determined by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. If approved, the assessment will be levied beginning in FY 2015-16. SECTION 6. The City Council appoints June 23, 2015, at 6:00 p.m., in the Council Chambers, 23920 Valencia Boulevard, Santa Clarita, California, or as soon thereafter as the matter may be heard, as the time and place for hearing protests to the proposed Annexation thereof, the proposed levy of assessments, the amount of the individual assessments, and related matters as set forth in the Engineer's Report, and any interested person may appear and object to the Improvements, or to the extent of the Annexation, or to said proposed assessments. SECTION 7. The City Clerk is hereby directed to give notice of such hearing by mailing notices thereof. together with assessment ballots, in the time, form, and manner provided by Section 53753 of the California Government Code, and upon the completion of the mailing of said notices and assessment ballots, the City Clerk is hereby directed to file with the City Council an affidavit setting forth the time and manner of the compliance with the requirements of law for mailing said notices and assessment ballots. The City Clerk shall cause notice of the I Packet Pg. 53 1 public hearing to be given by mailing, postage prepaid, in the United States mail, and such notice shall be deemed to have been given when deposited in such mail. The notice shall be mailed not less than forty-five (45) days before the date of the public hearing ordered herein. SECTION 8. The City Council designates Darren Herndndez, Deputy City M anager/D i rector of Administrative Services, and his designees, to answer inquiries regarding the assessment proceedings, the assessments or the Annexation. The Engineer's Report and other written material about the Annexation may also be reviewed at the City Clerk's Office, 23920 Valencia Boulevard, Santa Clarita, California, during regular business hours. SECTION 9. This Resolution shall take effect immediately. SECTION 10. The City Clerk shall certify to the passage and adoption of this Resolution; shall cause the same to be entered in the book of resolutions of the City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of the City in the minutes of the meeting at which the same is presented. PASSED, APPROVED AND ADOPTED this 28th day of April 2015. MAYOR ATTEST: CITY CLERK DATE: Packet Pg. 54 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF SANTA CLARITA 1, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 28th day of April 2015, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK I Packet Pg. 55 1