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Home My WebLink About1998-09-22 - AGENDA REPORTS - LMD NO 1 ZONE 6 (2)AGENDA REPORT CONSENT CALENDAR DATE: September 22, 1998 City Manager Item to be pre: SUBJECT: FORMATION OF SANTA CLARITA LANDSCAPE DISTRICT NO. 1, ZONE 6, TRACT 47863, 46626, AND 50536, LOCATED AT WHITES CANYON ROAD AND NADAL STREET RESOLUTION NO. 98-111. DEPARTMENT: Parks, Recreation, and Community Services RECOMMENDED ACTION City Council adopt Resolution No. 98-111 to Report, and authorize the levy of assessments. in the amounts shown on Exhibit "B". BACKGROUND initiate proceedings, approve the Engineers Establish budget for LMD #6, Canyon Crest As a condition of the approval of Tract No. 47863, 46626, and 50536 landscape improvements are required. The developer, Ryland Group Inc., has agreed to install all the necessary landscape improvements and has signed a petition requesting the formation of this Landscape Maintenance District. This district will provide for the continued maintenance of these improvements after they are constructed and accepted by the City. It is estimated that the improvements will be accepted. after July 1, 1999. The funds for maintenance costs will be collected on the Fiscal Year 1999/00 assessments. Resolution 98- 111 annexes Tract 47863, 46626, and 50536 into Landscape Maintenance District No. 1, Zone 6. The total proposed assessment for 1998-99 is $1,000 per parcel for each of 80 parcels., The formation of this district is in compliance with Proposition 218. ALTERNATIVE ACTIONS 1. Do not form district. 2. Other direction as determined by City Council. Adopted. Z Z -qgl Agenda Item: CD FISCAL IMPACT This district will provide funding for the maintenance of landscape slopes, medians, and parkways. The estimated revenues and expenditures for annual maintenance will be $80,000. Resolution No. 98-111 Exhibit "A," Location Map Petition Ballot Engineer's Report Exhibit "B" District\agendal.doc RESOLUTION NO. 98-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY INTO "SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1," AS ZONE NO. 6, AN ASSESSMENT DISTRICT ESTABLISHED PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT DECLARING ITS INTENTION TO ANNEX TERRITORY INTO SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1 AS ZONE NO. 6 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND THE RIGHT TO VOTE ON TAXES ACT CONFIRMING THE DIAGRAM AND ASSESSMENT AND ORDERING THE PROPOSED IMPROVEMENTS TO AND ANNEXATION OF TERRITORY INTO SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1 AS ZONE NO. 6 WHEREAS, the Ryland Group, Inc., a Maryland Corporation (hereinafter referred to as the "Developer"), is the sole owner of that certain real property located in the City of Santa Clarita, County of Los Angeles, State of California, more particularly described as follows: Legal Description: Parcel "A" - All of Lots of Tract No. 47863, in.the City of Santa Clarita, County of Los Angeles, State of California, currently known as Assessor's Parcel Numbers 2802-038-136 and 137 Parcel "B" - All of Lots of Tract No. 46626 and 50536, in the City of Santa Clarita, County of Los Angeles, State of California, currently known as Assessor's Parcel Numbers 2802-002-010 and 2802-002-004; WHEREAS, Developer is developing the Property as a single family residential project (hereinafter referred to as the "Project"); and WHEREAS, as a condition to its approval of the recordation of the final Tract Map Nos. 47863, 46626, and 50536 to be.recorded on the Project, the City of Santa Clarita (hereinafter referred to as the "City") has required that those certain landscape easements within the Project, as more particularly shown as Landscape Improvement Areas (hereinafter referred to as the "Improvement Areas") on Exhibit "A" attached hereto, be improved with landscaping and related improvements to a standard acceptable to the City, and that Developer provide a means satisfactory to the City for assuring the continued maintenance, operation, and servicing of the Improvement Areas and improvement thereto; and WHEREAS, in response to the City's conditions to its approval of the recordation of the Tract Map to be recorded on the Project, Developer has executed and filed with the City Council a Petition wherein Developer has, among other things, proposed to improve the Improvement Areas and has requested the annexation of the Property to Santa Clarita Landscape Maintenance District No..1 (hereinafter referred to as the "District") to provide for the continued maintenance, operation, and servicing of the Improvement Areas, and all improvement thereon. A copy of the Petition is attached hereto as "Exhibit "B" all property owners have signed a ballot pursuant to Proposition 218; the right to vote on taxes act; and WHEREAS, the City desires to initiate proceedings for the annexation pursuant to and in accordance with the provisions of the "Landscaping and Lighting Act of 1972" as set forth in Part 2 of Division 15 (Sections 22500 et seq.) of the Streets and Highways Code of the State of California, to annex the Property to the District in order to provide for the continued maintenance, operation, and servicing of the Improvement Areas, and all improvement thereto, and for the payment of all costs and expenses incurred of same; and WHEREAS, a petition has been filed with the City by all of the owners of property within the territory proposed to be annexed into the District consenting to the annexation into the District; and WHEREAS, Section 22608 of the Act permits the City Council to annex territory into the District without notice, hearing, filing of the Engineer's Report when all the owners of property proposed to be annexed into the District have given written consent to the annexation into the District; and WHEREAS, the City has prepared a diagram attached as Exhibit "A", which is designated Proposed Annexation (6) into Santa Clarita Landscape Maintenance District No. 1 and an assessment showing the proposed boundaries of the territory to be annexed into the District which is benefited by the construction of the improvements and the amount to be assessed against each of the parcels within the proposed annexation to the District; and WHEREAS, the diagram and assessment have been filed with the City Clerk and are open to public inspection, and may be referred to for all details regarding the improvements, the boundary of the proposed annexation, the assessments, total costs, and description of the parcels to be assessed; and WHEREAS, this City Council has examined and considered the diagram, assessment, and the proceedings prior thereto. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Santa Clarita, State of California, that: Section 1. Pursuant to Sections 22585 and 22605 of the Streets and Highways Code of the State of California, the City hereby declares its intention to annex, and initiate proceedings for the annexation of the Property to the District pursuant to and in accordance with the provisions of the "Landscaping and Lighting Act of 1972" as set forth in Part 2 of Division 15 (Sections 22500 et seq.) of said Code, to provide for the continued maintenance, operation, and servicing of the Improvement Areas, and all landscape improvements thereon as defined in Section 2 below, and for the payment of all costs and expenses incurred for such maintenance, operation, and servicing. Section 2. The improvements to the Improvement Areas shall include such ground cover, shrubbery, trees and other landscaping, irrigation and equipment, and separate water meters (hereinafter referred to as the "Landscape Improvements") as may be reasonably required by the City. All costs of constructing or otherwise installing the Landscape Improvements shall be borne by the Developer. Section 3. To ensure that.the costs and expenses of maintaining, operation, and servicing the Improvement Areas, and the Landscape Improvements thereon, are borne by the owners of the property to be benefited thereby, the City resolves that the proposed annexation shall consist of the Property referenced in the recitals hereinabove. Section 4. The improvements shall consist of the costs and expenses of maintaining, operating, and servicing the Improvement Areas and the Landscape Improvement thereon. Section 5. Pursuant to the provisions of Section 22608 of the Streets and Highways Code the City has determined that the Developer has given written consent (see Exhibit "B") to the proposed annexation of the Property into the District to provide for the continued maintenance, operation, and servicing of the Improvement Areas, and all the Landscaping Improvement thereon, and that the. Property is to be annexed into the District without notice, hearing, or filing of an Engineer's Report. Section 6. A Diagram for the District (Section 22570 of the Streets and Highways Code) and an assessment (Section 22572 of the Streets and Highways Code) showing the area to be annexed, benefited, and assessed for the. improvements has been prepared as Exhibit "A". The diagram, assessment, and improvement plans have been filed with the City Clerk. Section 7. The diagram, which indicates by a boundary line the extent of the territory proposed to be, annexed into the District, is hereby declared to describe the proposed boundaries of the proposed annexation to the District and shall govern for all details as to the extent and location of said annexation. Section 8., This City Council is satisfied with the correctness of the diagram and assessment including the proceedings and all matters relating thereto. Section 9. This City Council orders the annexation of the property into the District and the proposed improvements as indicated in the Resolution of Intention hereinabove referred to. Section 10. This City Council determines that the amounts to be assessed against the individual parcels described in the assessment shown on the diagram of the Proposed Annexation (6) are hereby approved and confirmed and are hereby levied by said Council as special assessments against said parcels for fiscal year 1999-00. Section 11. The City Council determines that the amount of the assessments for Fiscal Year 1999-00 of the Proposed Annexation No. (6) shall be paid to the City by the owner of the territory to be annexed prior to the filing of any final map(s) with the County Recorder of the territory proposed to be annexed to the District. Section 12. The City Clerk of the City of Santa Clarita shall file a certified copy of diagram and assessment with the Los Angeles County Auditor. Section 13. This City Council determines that all moneys received representing assessments collected by the County of Los Angeles for the District and/or from the developer shall be deposited by the City Treasurer in an improvement fund entitled Santa Clarita Landscape Maintenance District No. 1 annexation (6) and shall be expended only for the improvements authorized for the District. PASSED, APPROVED AND ADOPTED this day of 19_. UK • ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Sharon Dawson, 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 _ day of , 19—by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK NED:bpc DistrictXmsoluti.doc EXHIBIT "A" EAGLES BOULDER. CREST CREST COURT 01 Boundary of Proposed Annexation as Zone No. 6 into City LMD No.1 Landscape easement area to be improved with landscaping and irrigation. All lots within the district boundary will be assessed for the. landscape maintenance, servicing and all incidentals. A.P.N. 2802-038-136 2802-038-137 SAOOC� - Zone No. 6 City. Landscape Maintnenance District No.1 Location Map - Tract 47863 PEERLESS BLUFF COURT ROAD PIONEER HILL T _1'11_ 8126198 2:01 PM EXHIBIT "All own dO 00 00, Soundary of proposed Anndxaton as Zone No. 6 into City LIVID No. 1 Landscape easement area to be improved with landscaping and Irrigation. All lots within the district boundary will be assessed for the landscape maintenance, servicing and all incidentals. A.P.N. 2802-002-010 2802-002-004 Zone No. 6 City Landscape Maintenance District No. 1 Location Map - Tract 46626 & 50536 8/26198 3:27 PM PETITION A petition to the City Council of the City of Santa Clarita, County of Las Angeles, State of California, petitioning said Council to initiate proceedings for the annexation of territory as Zone No. 6 into "Santa Clarita Landscape Maintenance District No. 1," an assessment district established pursuant to the "Landscaping and Lighting Act of 1972" as set forth in Part 2 of Division 15 (Section 22500, et seq.) of the Streets and Highways Code of the State of California. A. WHEREAS, the petitioner, the Ryland Group. Inc., is the sole owner of that certain real property located in the City of Santa Clarita, County of Los Angeles, State of California, more particularly described as follows: Legal Description: Parcel "A" - All of Lots of Tract No. 47863, in the City of Santa Clarita, County of Los Angeles, State of California, currently known as Assessor's Parcel Numbers 2802-038-136 and 137 Parcel L°B" - All of Lots of Tract No. 46626 and 50536, in the City of Santa Clarita, County of Los Angeles, State of California, currently known as Assessor's Parcel Numbers 2802-002-010 and 2802-002-004 (Hereinafter referred to as the "Property"); and B. WHEREAS, the owner is developing the Property as a single family residential development in the City of Santa Clarita, (hereinafter referred to as the "Project"); and C. WHEREAS, as a condition to its approval of the recordation of the final tract map to be recorded on the Property, the City of Santa Clarita (hereinafter referred to as the "City") has required that those certain landscape easement areas within the Project which are more particularly shown and described on Exhibit "A" attached hereto (hereinafter referred to as the "Improvement Areas"), be improved with landscaping and other related improvements (hereinafter referred to as the "Landscape Improvements") to a standard acceptable to the City, and the Developer provide a means satisfactory to the City for assuring the continued maintenance, operation and servicing of the Improvement Areas and pursuant to the "Landscaping and Lighting Act of 1972" as set forth in Part 2 of Division 15 (Sections 22500, et seq.) of the Streets and Highways Code of the State of California, the City may assess the property via an existing assessment district to provide • for the continued maintenance, operation and servicing of the Improvement Areas and Landscape Improvements, and for the payment of the costs and. expenses incurred for such maintenance, operation, and servicing; and D. WHEREAS, the Developer is the owner of all of the real property to be benefited by the Improvement Areas, and the maintenance, operation, and servicing thereof. NOW, THEREFORE, in furtherance of the foregoing recitals, the developer does hereby petition the City as follows: 1. In order -to assure the continued maintenance, operation, and servicing of the Improvement Areas and Landscape Improvements, and the payment of the cost and expenses incurred for such maintenance, operation, and servicing, the Developer hereby requests that the City annex the Property in Santa Clarita Maintenance District No.1 as Zone No. 6 (hereinafter referred to as the ."District") pursuant of the "Landscaping and Lighting Act of 1972," as set forth in Part 2 of Division 15 (Section 22500, et seq.) of the Streets and Highways Code of the State of California in accordance with this Petition. 2. The property proposed to be annexed into City Landscape District 1 as Zone No. 6. The Developer requests that the Property to be incorporated and annexed into the District consist of all of the Property referenced as parcel "A' and Parcel "B" of the recitals hereinabove and shall become annexed as Zone No. 6. The initial annual assessmentshall be $1000 per parcel and the base rate may increase at an annual amount based upon the increase in the Consumer Price Index for the Los Angeles Area (CPI). Upon development of the property described as parcel `B", the per unit cost should reduce by about half. 3. As the owner of all of the real property to be annexed into the District, the Developer hereby waives all statutory hearings of objections and protests by interested property owners to the proposed annexation. 4. In consideration of the approval of the annexation into the District by the City, the Developer hereby proposes as follows: a. To consent to the establishment of an annual assessment for the property being annexed into the District in an amount reasonably determined by the City to cover all costs and expenses incurred for the continued maintenance, operation, and servicing of the Landscape Improvements for Zone 6 of Santa Clarita Maintenance District No. 1. b. To construct Landscape Improvements as may be reasonably required by the City; c. To bear all costs to complete the construction or other installation of the Landscape Improvements on those portions of the Improvement Areas located in Tract No. 47863; 46626, and 50536 to the reasonable satisfaction of the City; d. To cast a ballot authorizing the levy of assessments in the District to pay the costs and expenses of the continued maintenance, operation, and servicing of the improvements; and e. Pay assessments levied for the first fiscal year (1998-99) upon the landscape assessment district in which the property is located prior to the submittal to the City Council of any associated final subdivision map. 5. The Developer hereby requests that the annexation of the Property into the District set forth hereinabove satisfy the City's landscape condition to its approval of the Project as referenced in the recitals hereinabove. The landscape maintenance and easement areas to be administered and maintained by the District are shown on the attached Landscape Maintenance District Map. DEVELOPER/OWNER Owner's Name: ALL SIGNATURES TO BE NOTARIZED: NED: aN,r%disuid\P tA7 md. 1 SANTA CLARITA Landscape Maintenance District Annexation Zone No. 6 into City Landscape District No. 1 A.P.N.: 2802-038-136,2802-038-1379 2802-002-010, 2802-002-004 TRACT NO. 47863, 46626& 50536 No. Of Units: 80 OWNER OF RECORD: The property is proposed to be annexed into City Landscape District No. 1 as Zone No. 6 ( ) YES: I approve of the proposed Landscape Maintenance District assessment rate of $1000 per single family residential parcel, on the parcel(s) identified on this ballot. 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 landscape maintenance assessment of $1000 on the parcel(s) 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 the parcel(s) identified above. Signature of Record Owner Date or Authorized Representative Name Printed Address City, state, Zip ALL SIGNATURES TO BE NOTARIZED: district\b1t47883.doc ENGINEER'S REPORT CITY OF SANTA CLARITA ae LANDSCAPE MAINTENANCE DISTRICT NO. 1. ZONE 6 SECTION 1. Authority for Report The Report is in compliance with the requirements of the Right to Vote on Taxes Act and the Landscaping and Lighting Act SECTION 2. General Description . At the written request of the developer, the City Council has heretofore elected to include this permanent landscaped area within Tract No. 47863, 46626, and 50536, located at Whites Canyon Road north of Nadal Street into Landscape Maintenance District No. 1, and to annex the area into the District as Zone 6. SECTION 3. , Right to Vote on Taxes Act (Proposition 218) On November 5, 1996, the electorate approved Proposition 218, Right to Vote on Taxes AcG which added articles XIII C and X1II.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. Each and every parcel included in the zone was conditioned to install landscape improvements before the development could proceed. In order to preserve the investment in the landscape improvements, the developed was conditioned to annex to Landscape Maintenance District No. 1. The developer,.who did own all of the parcels subject to the assessment, agreed to the formation or annexation and the assessments being imposed. SECTION 4. Improvements Landscaping and irrigation improvements installed in Tract No. 47863, 46626, and 50536, and the maintenance and servicing of said improvements. SECTION 5. Estimated Improvement Costs The total annual assessment shall be $82,000 and will be apportioned equally over parcel 2802- 002 -010,2802 -002 -004,2802 -038 -136,2802 -038-137 802- 002-010,2802-002-004,2802-038-136,2802-038-137 and shall include all landscape maintenance, utilities, administration, and repairs. The amount may increase after the first year of operation by an annual rate based upon the increase in the consumers' price index for the Los Angeles County area. The totaPannual assessed amount for Landscape Maintenance District No. 1 including Zone 6 is $82,000 for Fiscal Year 1999/00. SECHON & Assessment This zone receives a direct benefit from the maintenance of the landscape improvements installed in Z w the zone only, and doesnot share in costs associated with other zones: Mach and every parcel within the zone may enjoy and benefits equally from the maintenance, of the landscape improvements in their area They may also pay all direct water costs for the irrigation, and will benefit and be assessed for the costs and incidentals associated with the Engineer's: Report and district administration to ensure that the raprired landscaping will be maintained to the standards established by the City and anticipated when the improvements were initially required_ Submitted by: I: Richard 1. Kopecky, RCE 16742 Willdan Associates.. Engineer of Work August 26,1998 . -A ZONE #6 - Canyon Crest 401-61815 - REVENUES Engineer's Report ASSESSMENT BUDGET EXHIBIT "B" # of Parcels Rate Benefit Assessment Revenue 80 . $1,000 200,376 square feet 4.6 Acres Interest - Only partial interest based on collection dates) 99/00 Total Operating Revenue 7526 - EXPENDITURES 7011 Staff 7374 Water 7371 Electric 8001 Weed & Pest Control Landscape Contract Contr. Svcs Capital Project Costs Non Contract Work Contingency Levy amount for Installments Contract for annual report Contract for inspection 9510 Admin/Overhead 99-00 Total Operating Expenditures 401-61815 - 98/99 REVENUES Deposit from developer for inspections 8001 98/99 Total Operating Expenditures 10% 20% of Contract 1.5% 9.5% 10% 1999/00 - Full Year Assessment Revenue $80,000 $80,000 $8,000 $10,000 $2,400 $800 $30,000 $12,000 $1,200 $7,600 $8,000 $80,000 $5,000 $5,000 s:\pr\district\Lmdbudg2.xls Page 1 9/14/98 7:46 AM