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HomeMy WebLinkAbout1998-06-09 - AGENDA REPORTS - LEVY ANNUAL ASMT LMD (2)AGENDA REPORT City Manager Item to be presente CONSENT CALENDAR DATE: June 9, 1998 SUBJECT: SET A TIME AND PLACE FOR A PUBLIC HEARING TO LEVY ANNUAL ASSESSMENTS AT THE PREVIOUSLY ESTABLISHED RATE FOR LANDSCAPE DISTRICT ZONE NOS. 1 THROUGH 8, T1 THROUGH T10, T17,123,729, T30, T31, T42A, T42B, AND T46 DEPARTMENT: Parks, Recreation, and Community Services RECOMMENDED ACTION City Council adopt Resolution No. 98-73, approving the preliminary Engineer's Report, declaring the City's intention to levy and collect assessments at the previously established rates for Fiscal Year 1998-99, and setting a time and place for a public hearing on Landscape Maintenance District No. 1, Zones 1 through 8, TI through T10, T17, T23, T29, T30, T31, T42A, T42B, and T46. The City Council is required by law to annually evaluate and establish rates for Landscape Maintenance Districts (LMD). This item sets the public hearing to establish rates in FY 1998-99. Under current conditions; the rates will remain at their 1997-98 level, and will not change in Fiscal Year 1998-99. The City maintains landscape improvements such as paseos, slopes, and medians within and adjacent to residential areas. These LMD zones were established when the homes were built. The landscaped areas were annexed into the Landscape Maintenance District in order to provide ongoing maintenance. Without the districts in place, the maintenance of the landscaping would be the responsibility of each individual landowner. Upon transfer from the County, the City now has the responsibility for collecting assessments and administering the maintenance for these zones. After careful consideration of the maintenance needs of the districts, no increase.in the assessment rate is being proposed. However, the rate will be adjusted either up or down on Adopted: �� 9 Atir,n ICOR — t6.:iy s an annual basis based on the Consumer Price Index (CPI) as provided in the formation documents of the district. This is in accordance with Proposition 218, "The Right to Vote on Taxes Act," and is approved by the City Attorney. Additionally, the homeowners associations for Zones 23 and 46 have submitted letters to the City requesting that the CPI be incorporated in the districts assessment rate. ALTERNATIVE ACTIONS Other action as determined by Council. FISCAL IMPACT Proposed Assessments should offset landscape maintenance expenditures. ATTACHMENTS Resolution No. 98-73 Exhibit "A!'— Location Map Engineer's Report is available for review in the City Clerk's Reading File Council\Imdres73.doc RESOLUTION NO. 98-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, CALIFORNIA, ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. I FOR FISCAL YEAR 1998-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, CALIFORNIA, PRELIMINARILY APPROVING THE REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 1998-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, COUNTY- OF LOS ANGELES, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR IN LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE SPECIAL THAN GENERAL PUBLIC BENEFIT; SPECIFYING THE EXTERIOR BOUNDARIES OF THE ZONES WITHIN LANDSCAPE MAINTENANCE DISTRICT NO. 1 TO BE ASSESSED THE COST AND EXPENSE THEREOF; DESIGNATING SAID DISTRICT AS LANDSCAPE MAINTENANCE DISTRICT NO. 1, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND SETTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO The City Council of the City of Santa Clarita pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California (the "Act"), desires to initiate proceedings for the Santa Clarita Landscape Maintenance District No. 1 ("the District"), Zones 1 through 8, T1 through T10, T17, T23, T29, T30, T31, T42A, T42B, and T46 inclusive, and does hereby resolve as follows: WHEREAS, the improvements to be installed or maintained may include installation, construction or maintenance of any authorized improvements under the Act, including; but not limited to, one or more of landscaping, statuary, fountains, and other ornamental structures and facilities, park or recreational improvements, and any facilities which are appurtenant to any of the aforementioned, or which are necessary or convenient for the maintenance or servicing thereof; and WHEREAS, Sections 22622 and 22624 of the Act require that the City adopt a resolution generally describing any new improvements or substantial changes in existing improvements within the existing District and any zones therein, and order the assessment engineer to prepare and file a report in accordance with Article 4 of the Act for the existing District; and WHEREAS, said assessment engineer has made and filed with the City Clerk of said City a report in writing as called for by resolution and under and pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered- said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should be modified in any respect; and WHEREAS, Proposition 218, "The Right to Vote on Taxes Act," approved by the voters on November 5, 1996, added Articles XIIIC and XIIID to the California Constitution which exempts any assessments imposed when persons owning all of the parcels subject to the assessment agreed to being included in the District and subject to the assessment at the time the assessment is initially imposed; and WHEREAS, Santa Clarita Landscape Maintenance District No. 1 Zones 1 through 8, T1 through T10, T17, T23, T29, T30, T31, T42A, T42B, and T46 inclusive, are now entirely located within the territorial boundaries of the City of Santa Clarita (the "City"); and each zone was originally formed by developer petition; NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Santa Clarita does hereby resolve, determine and declare as follows: Section 1. That the City Council of the City of Santa Clarita hereby determines that the assessments set out in accordance with the Engineer's Report for Landscape Maintenance District No. 1, on file with the City Clerk of the City of Santa Clarita, sets out the reasonable cost of the service provided. Section 2. That the proposed assessments upon the subdivisions of land in said District is in proportion to the estimated special benefit to be received by said subdivisions, respectively; from said work and of the incidental expenses thereof, as contained in said report are hereby preliminarily approved. Section 3. That the assessments shall be levied upon the respective parcels of land in the assessment area and collected for the 1998-99 Fiscal Year on the tax roll in the same manner, by the same persons, and at the same time as together with and separately from the general taxes of the City of Santa Clarita, without further action by this City Council. Section 4. The City Council of said City by Resolution 98-73, has approved the Engineer's. Report, which report indicates the amount of the proposed assessments, the boundaries of the District including the annexation territories, detailed description of improvements, and the method of assessment. The report titles "City of Santa Clarita, Engineer's Report, Landscape Maintenance District No. 1 Fiscal Year 1998/99" is on file in the office of the City Clerk of said City, and was prepared for the 1998/99 Fiscal Year in accordance with the Act. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. Section 5. Notice is hereby given that on the 23rd day of June, 1998, at the hour of 7:00 p.m., or as soon thereafter as possible, in the City Council Chambers at 23920, Valencia Boulevard, in the City of Santa Clarita, any and all persons having any objections to the work, annexations, or extent of the.assessment district, may appear and show cause why said work should not be done or carried out in accordance with this Resolution of Intention. The City Council will consider all oral and written protests. Section 6. All the work herein proposed shall be done and carried through in pursuance of an act of legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. Zones T23 and T46 have been carefully evaluated with respect to Proposition 218. These zones have the same rate that was established when the districts were formed. The contract documents, which were part of the district formation process, provide for an increase for the cost of living, based on the consumer price index (CPI). The owner of the property, the developer signed a petition consenting to the formation of the district. These districts will have the same base rate but the rate will be adjusted up or down on an annual basis based on the CPI as provided in the formation documents. The homeowners associations for the two underlying properties in the Northbridge Zone have submitted letters to the City requesting that the CPI be incorporated in the districts assessment rate. Section 7. Published notice shall be made pursuant to Section 6061 of the Government Code. The publication of notice of hearing shall be completed at least ten (10) days prior to the date of the hearing. Section 8. The foregoing Resolution was on the 9th day of June, 1998, adopted by the City Council of the City of Santa Clarita, and ex -officio the governing body of all other special assessment taxing districts for which said City Council so acts. PASSED, APPROVED AND ADOPTED this day of , 1998. Mayor ATTEST: City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA I, , DO HEREBY CERTIFY that the above and foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of 1998 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEM 3ERS: ABSENT: COUNCILMEMBERS: City Clerk Council\lmdresMdoc CITY OF SANTA CLARITA 5/26/98 1:36 PM CITY OF SANTA.CLARITA Exhibit A Sheet 2 of 3 Location Map 5/26/98 1:41 PM 4 f. h b k W Co CITY OF SANTA CLARITA Exhibit A Sheet 3 of 3 n Location Map 5/26/98 1:41 PM