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HomeMy WebLinkAbout1998-02-24 - AGENDA REPORTS - LMD T1 (2)AGENDA REPORT City Manager Approval John Danielson CONSENT CALENDAR DATE: February 24, 1998 SUBJECT: ANNEXATION INTO LANDSCAPE MAINTENANCE DISTRICT NO. T1 FOR TRACT 49549, LOCATED AT VIA PRINCESSA WEST OF ISABELLA PARKWAY DEPARTMENT: Parks, Recreation, and Community Services RECOMMENDED ACTION City Council adopt Resolution No. 98-18 to accept the petition to initiate proceedings,to approve the Engineer's Report, and authorize a levy of $2,627. Annexation into a landscape maintenance district was required as a condition of the approval for Tract No. 49549. The developer, Via Princessa LLC, has signed a petition requesting the annexation of the property into the Santa Clarita Landscape Maintenance District No. Tl. The maintained area will be street trees and a median. The assessment rate will be $47.45 per year for each of the 55 residential lots in the development. ALTERNATIVE ACTIONS Other action as determined by City Council. FISCAL IMPACT This will increase the landscape district revenues by $2,627 to pay for the maintenance of street trees and medians. ATTACHMENTS Resolution No. 98-18 Engineer's Report Exhibit "A", Location Map Petition NED.cac district\agenda49.549 Adopied: �7 -4-q<Agenda l#e,m: ur RESOLUTION NO. 98-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCEPTING THE PETITION INITIATING PROCEEDINGS FOR THE ANNEXATION OF CERTAIN AREA TO THE SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. Tl, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT; AUTHORIZING AND APPROVING THE PREPARATION OF AN ENGINEER'S REPORT, AND AUTHORIZING THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS DESCRIBED IN THE REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT: 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 accept the petition, to initiate proceedings for the annexation of certain property (the "Annexed Area") to the Santa Clarita Landscape Maintenance District No. Tl (the 'District"), and authorize and approve the preparation of an Engineer's Report for the annexation of certain property (the "Annexed Area") to the Santa .Clarita Landscape Maintenance District No. Tl (the "District"), and for the levy and collection of annual assessment within the proposed Annexed Area for the Fiscal Year 1998-99, for the purposes provided therefore in the Act; and WHEREAS, the public interest and convenience require the extension of the construction and maintenance of improvements by the District to the proposed Annexed Area; and WHEREAS, the future improvements to be installed, constructed, or maintained within the proposed Annexed Area may include installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, landscape and irrigation 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, Section 22608 of the Act waives the requirement for the notices of hearing, and right of majority protest under the Act with the written consent of all owners of property within the territory to be annexed; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act does hereby require that a notice of the proposed assessment along with a ballot shall be mailed to all owners of identified parcels within the Annexed Area and the owner/developer has submitted a signed ballot; district'Teso98.21 WHEREAS, the City accepted the petition, initiated proceedings, and authorized and approved the preparation of an Engineer's Report pursuant to the Act for the annexation of certain areas to the District for Tract 49549, generally located at Via Princessa west of Isabella Parkway, and the City has reviewed and approved the Engineer's Report pursuant to the Act; and WHEREAS, the City desires to collect a levy for the maintenance of the landscaping improvements through an annual assessment to be collected through the County's property tax billing process; NOW THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Santa Clarita, STATE OF CALIFORNIA, THAT: SECTION 1 That the above recitals are true and correct; SECTION 2. That the City hereby proposes to annex to the Santa Clarita Landscape Maintenance District No. Tl, the Annexed Area, Tract 49549, generally located at Via Princessa west of Isabella Parkway, and to levy annual assessments thereon to provide for the following work: Future installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, landscape and irrigation improvements and any facilities which are appurtenant to any of the aforementioned, or which are necessary or convenient for the maintenance or servicing thereof. SECTION 3. That the Property Owner has provided the City Council of the City of Santa Clarita a ballot and petition fully.signed and notarized, granting the City the right to maintain and service the landscape improvements, and gives consent to the establishment of an assessment for the proposed annexation of the property 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; SECTION 4. That notice of a public hearing and the public hearing is hereby waived according to Section 22608 of the Act and as stated above; SECTION 5. That the City hereby authorizes and approves the preparation of an Engineer's Report for the purposes provided therefore in the Act; and SECTION 6. That the City collect an annual levy to provide for the following work: Installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to landscape and irrigation improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. districNe 08.21 SECTION 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 10th day of February 1998. Mayor ATTEST: City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARTTA 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 10th day of February 1998, by the following vote of Council: AYES: Councilmembers: NOES: Councilmembers: ABSENT. Councilmembers: City Clerk districtrew98.21 ENGINEER'S REPORT CITY OF SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. T1 1998-99 FISCAL YEAR SECTION 1. Authority for Report The Report is in compliance with the requirements of the Right to Vote on Taxes Act. SECTION 2. General Description At the written request of the developer, the City Council has heretofore elected to place this permanent landscaped area located at Tract No. 49549, Via Princessa west of Isabella Parkway into Landscape Maintenance District No. Tl. SECTION 3. 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. In order to preserve the investment in the future landscape improvements, the developer was conditioned to annex to Landscape Maintenance District No. Tl. 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 The improvements include the street trees and tree wells in Via Princessa, and the irrigation system for the trees, future median landscaping and irrigation improvements installed in Via Princessa, adjacent to Tract No. 49549, and the maintenance and servicing of said improvements. SECTION 5. Estimated Improvement Costs The total annual assessment shall include all costs associated with 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 base rate is $47.45 for each of the 55 parcels. The total assessed amount for Landscape Maintenance District No. Tl, $2,609.75, for Fiscal Year 1998-99. distridmo98.21 SECTION 6. Assessment This zone receives a direct benefit from the maintenance of the landscape improvements installed in the zone only and does not share in costs associated with other zone areas. Each and every parcel within the zone may enjoy and benefit equally from the maintenance of the landscape improvements in their area. They may also pay all direct water costs to keep the landscaping alive and well, and will benefit and be assessed for the costs associated with the Engineer's Report and district administration to ensure that the required landscaping will be maintained to the standards established by the City and anticipated when the improvements were initially required. ASSESSOR PARCEL NUMBER 2936-058-001 Total to assess Fiscal Year 1998-99 districtNew9821 FISCAL YEAR 1998-99 ASSESSMENT $ 2,609.75 $ 2,609.75 CITY OF SANTA CLARITA Landscape Maintenance District Tract 49549 L.A1-a*iD9 A/5 - d C 0 QA � R R c� o °ti z w ROAD N° � d ,a PRfNGESSA -- TRACT 49549 L O C A -r 9.0 H t --►t A P F3GAL� 1' s iQ00' Exhibit Map 1/27/98 8:05 AM 02/05/98 08:59 FAX 805 255.1996 PARAS & REC. Q002 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 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 lo' (Section 22500, et seq.) of the Streets and Highways Code of the State of California. A. WHEREAS, the petitioner, Via princess LLC, 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": Lots 1 through 55 of Tract No. 49549, in the City of. Santa Clarita, County of Los Angeles, State of California, as shown on map filed in Book , Pages _ to _, inclusive of maps, records of said County, also ]mown as Assessors Parcel Number 2836-058- 001. (Hereinafter referred to as the "Property"); and B. WHEREAS, the owner is developing the Property as a residential development in 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 medians and street trees adjacent to 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. Tl (hereinafter referred to 02/05/98 09:00 FAX 805 255 1996 PARRS & REC. 1@003 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 is to be annexed into the Areawide Landscape District Zone No. T1 and Developer requests that the Property to be incorporated and annexed into the District consist of all of the Property referenced in Paragraph A of the recitals hereinabove and shall become annexed into Zone T1, Valencia Areawide District No. Tl. The annual assessment shall be $47.45 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). 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 anneal 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 T1 of Santa Clarita Maintenance District No. 1. b. 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; c. To install irrigation to the street trees in Pia Princessa. The street trees in tree wells shall have their own separate irrigation system and separate meters which shall be a different irrigation system from the slopes. The plans for the street tree irrigation shall be approved by the City Landscape District Staff; and 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. Printed Nd3ne ALL SIGNATURES TO BE NOTARIZED: NED: ffi kv.uu®_o.a