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HomeMy WebLinkAbout1998-07-14 - AGENDA REPORTS - SC DRAINAGE BENEFIT (2)CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Appro al: Item to be presented by: Lawrence Cushma DATE: July 14, 1998 SUBJECT: SANTA CLARITA DRAINAGE BENEFIT ASSESSMENT AREA NO. 20, TRACT NOS. 47863, 46626, AND 50536 (A UNIT OF TRACT NO. 46626) LOCATED AT WHITES CANYON ROAD NORTH OF NADAL STREET DEPARTMENT: Transportation & Engineering Services City Council adopt Resolution No. 98-61, initiating proceedings with regards to Drainage Benefit Assessment Area No. 20 for Fiscal Year 1998-99. City Council order the preparation of the Engineer's Report, approve the preliminary Engineer's Report and set September 8, 1998 as the time and place for a public hearing. BACKGROUND As a condition of the approval of Tract Nos. 47863, 46626, and 50536 (a unit of Tract No. 46626), drainage improvements are required to be installed and maintained. These improvements are not transferable to the Los Angeles County Flood Control District and are typically maintained by future homeowners.. The developer, The Ryland Group, Inc., has signed a petition requesting the formation of this District, and has agreed to install all the necessary drainage improvements. Provisions now need to be made -for the continued maintenance of these improvements after they are accepted by the City. It is estimated that 12 months of maintenance expenses from the time the maintenance is accepted by the City will be necessary to establish a reserve fund for expenditures_ This amount will be requested from the developer prior to the acceptance of their tracts and the improvements for maintenance. In addition, as a requirement of Proposition 218, Right to Vote on Taxes Act, all new or increased assessments must comply with the provisions of the Proposition. This will require that an Assessment Ballot be mailed to the current owner of record, who in this case is the developer, for approval of the assessments. At the public hearing the City Council will take action on the Engineer's Report and the Assessment Ballot, and either impose the assessment or deny the formation of the District. Agenda item: SANTA CLARITA DRAINAGE BENEFIT ASSESSMENT AREA NO. 20, TRACT NO. 47863,46626, AND 50536 (A UNIT OF TRACT NO. 46626) July 14, 1998 —Page 2 ALTERNATIVE ACTIONS Do not form District. This will result in the developer being responsible for the continued maintenance of all drainage improvements instead of the City. In addition, formation of a district at a later date will result in the need to have Assessment ballots sent to several property owners rather than the single developer, thereby increasing the chance for the district to be denied based on negative vote by the property owners. FISCAL IMPACT Revenues are estimated at $25,821.09. Expenditures are estimated at $25,821.09. ATTACHMENTS Resolution No. 98-61 Assessment Ballot Preliminary Engineer's Report Exhibit "A!'- Location Map Exhibit "B" - Petition MHF:mmn:vjj SATESwooxcn M8.6iMoc RESOLUTION NO. 98-61 A RESOLUTION OF THECITYCOUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR SANTA CLARITA DRAINAGE BENEFIT ASSESSMENT AREA (DBAA) NO. 20 AND ORDERING THE PREPARATION AND FILING OF AN ENGINEER'S REPORT IN CONNECTION THEREWITH; PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR SANTA CLARITA DRAINAGE BENEFIT ASSESSMENT AREA (DBAA) NO. 20 FOR FISCAL YEAR 1998-99; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS TO SANTA CLARITA DRAINAGE BENEFIT ASSESSMENT AREA (DBAA) NO. 20 FOR FISCAL YEAR 1998-99, AND FIXING SEPTEMBER 8, 1998 AS THE DATE FOR A PUBLIC HEARING WHEREAS, The Ryland Group, Inc. (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: SEE ATTACHED LEGAL DESCRIPTION (Exhibit "B"), hereinafter referred to as the "Property;" and WHEREAS, the Developer is developing the Property as a residential development (hereinafter referred to as the "Project"); and WHEREAS, as a condition to its approval of the recordation of final Tract Map Nos. 47863, 46626, and 50536 (a unit of Tract No. 46626), to be recorded on the Project, the City of Santa Clarita (hereinafter referred to as the "City") has required that those certain drainage easements within the Project, as more particularly shown as Drainage Benefit Assessment Areas (hereinafter referred to as the "Improvement Areas") on Exhibit "A" attached hereto, be improved with drainage and related improvements (hereinafter referred to as the "Drainage Improvements") to a standard acceptable to the City, and that the Developer provide a means - satisfactory to the City for assuring the continued maintenance, operation, and servicing of the Improvement Areas and the Drainage Improvements; 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, the Developer has executed and filed with the City Council a petition, wherein the Developer has, among other things, proposed to improve the Improvement Areas and install Drainage Improvements and has requested the establishment of DRAINAGE BENEFIT ASSESSMENT DISTRICT NO. 20 (hereinafter referred to as the "District") to provide for the continued maintenance, operation, and servicing of the Improvement Areas and Drainage Improvements, and for RESOLUTION NO. 98-61 July 14, 1998 — Page 2 the payment of the costs and expenses incurred for such maintenance, operation, and servicing. A copy of the petition is attached hereto as Exhibit `B"; and WHEREAS, the City desires to initiate proceedings for the establishment of the District in accordance with the provisions of the "Benefit Assessment Act of 1982" being Chapter 6.1 of Part 1 of Division 2 of the Government Code of the State of California (hereinafter referred to as "The Act") in order to provide for the continued maintenance, operation, and servicing of the Improvement Areas and Drainage Improvements, and for the payment of all costs and expenses incurred of same; and WHEREAS, the City Council has directed the City Engineer to prepare a report (hereinafter referred to as the "Engineer's Report") describing the service proposed to be financed through the revenue derived from the assessment, a description of each lot or parcel of property proposed to be subject.to the benefit assessment, the amount of the proposed assessment for each parcel, and the basis and schedule of the assessment for the District; and WHEREAS, the City Council has examined and considered the Engineer's Report, which shall govern among other things, as to the improvements and service to be provided, and the proceedings prior thereto; and WHEREAS, the Act establishes the need for a public hearing at which all written protests or objections may be presented and read, and all persons desiring to be heard thereon are heard, and the City Council gives all persons present an opportunity to be heard with respect to any matter relating to the Engineer's Report or any of the proceedings therefor. 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 the Act, the City hereby proposes to initiate proceedings to establish the District to provide for the continued maintenance, operation, and servicing of the Improvement Areas and the Drainage Improvements; and SECTION 2. The improvements to the Improvement Areas and the Drainage Improvements shall include such surface drains, i.e., bench drains, down drains, parkway drains, and such subdrains, i.e., hydrauger drains, subdrains, and related improvements as may be reasonably required by the City. All costs of constructing or otherwise installing the improvements shall be borne by the Developer. SECTION 3. To ensure that the costs and expenses of maintaining, operating, and servicing the Improvement Areas and the Drainage Improvements are borne by the owners of the property to be benefited. Thereby, the City resolves that the proposed District shall consist of the Property referenced in the recitals hereinabove. RESOLUTION NO. 98-61 July 14, 1998 — Page 3 SECTION 4. The City Council is -satisfied with the correctness of the Engineer's Report, including the proceedings and all matters relating thereto. The City Engineer is further directed to file the report and improvement plans with the City Clerk. SECTION 5. The City Council has determined that the assessment on each parcel of property within the proposed Santa Clarita Drainage Benefit Assessment District No, 20 is related to the benefit to the parcel which will be derived from the provision of service and that the annual aggregate amount of the assessment does not exceed the estimated annual cost of providing the service. SECTION 6. The City Council has determined that commencing with Fiscal Year 1999/2000, the amount of the assessment for the District is proposed to increase each year, based upon the Consumer Price Index, All Urban Consumers, for the Los Angeles - Anaheim -Riverside Area ("CPI"), as determined by the United States Department of Labor, Bureau of Labor Statistics, or its -successor. SECTION 7. The City Council hereby directs the City Clerk to mail an Assessment Ballot which poses the question before the owners of the property within Santa Clarita Drainage Benefit Assessment Area No. 20 whether the City shall be authorized to levy assessments for the service proposed. The Assessment Ballot shall be mailed to each property owner or registered voter indicated in the Engineer's Report and returned no later than September 8, 1998. SECTION 8. The City Council hereby directs the City Clerk to schedule a public hearing for September 8, 1998, at the regularly scheduled City Council meeting, at which all written protests or objections are presented and read, and all persons desiring to be heard thereon are heard, and that the City Council allows all persons present an opportunity to be heard in respect to any matter relating to the Engineer's Report or any of the proceedings therefor. The public hearing shall be properly advertised and noticed pursuant to provisions in the Act. SECTION 9. The foregoing Resolution was on the day of , 1998, adopted by the City Council of the City of Santa Clarita, an ex -officio governing body of all other special assessment taxing districts for which said City Council so acts. RESOLUTION NO. 98-61 July 14, 1998 — Page 4 The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this day of MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) RM I, Sharon L. Dawson, CMC, 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 , 1998 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk MHF:lkl co dl%n98-61.d. A.P.N.: 2802-038-136 2802-038-137 2802-002-010 2812-010-008 ASSESSMENT BALLOT SANTA CI ARITA DRAINAGE BENEFIT ASSESSMENT AREA NO. 20 Tract Nos. 47863, 46626, and 50536 (a unit of Tract No. 46626) OWNER OF RECORD:. The Ryland Group, Inc. YES: I approve the proposed drainage assessment of $25,821.09 on the parcels identified on this Assessment Ballot. NO: I do not approve the proposed drainage assessment of $25,821.09 on the parcels identified on this Assessment 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 identified above. Signature of record owner or authorized representative MHF:Ikl .unci]%re9&61.doc Date PRELIAmVARY ENGINEER'S REPORT CITY OF SANTA CLARITA DRAINAGE BENEFIT ASSESSMENT AREA NO. 20 1. 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 XHIC and XHID to the California Constitution. The Proposition affects all assessments upon real property for a special benefit conferred on the property. Assessments imposed under the Benefit Assessment Act of 1982 are these types of special benefit assessments. 2. DESCRIPTION OF THE SERVICE The proposed service involves the maintenance and operation of surface and subsurface drainage facilities to be constructed on Tract Nos. 47863, 46626, and 50536 (a unit of Tract No. 46626). Tract Nos. 47863 and 46626 are located on Whites Canyon Road near Nadal Street, in the City of Santa Clarita, as shown on Exhibit "A." For Tract No. 47863, the surface drainage facilities consist of and include, but are not limited to, bench drains, down drains, parkway drains, inlet structures, catchment berms, and other drainage facilities not being transferred to the Los Angeles County Flood Control District. The subsurface drainage facilities consist of and include, but are not limited to, nine (9) hydraugers (horizontal perforated drain pipes ranging from 250 to 790 linear feet in length), three (3) observation type manholes, back drains and outlets for buttresses, stabilization fills and retaining wall, perforated and solid subdrains of various sizes, 18 -inch -wide borings, chimney drains, gravel drains, all pursuant to the Subdrain Review Report by the tract geologist, dated September 7, 1996. Maintenance and operation of all surface and subsurface drainage facilities involves: a. Periodic inspection, monitoring, and evaluations. b. Cleaning as determined from inspection. c. Maintenance and repairs required to keep facilities operating properly. For Tract Nos. 46626 and 50536 (a unit of Tract No. 46626), the surface drainage facilities consist of and include, but are not limited to, bench drains, down drains, parkway drains, inlet structures, catchment berms, and other drainage facilities not being transferred to the Los Angeles County Flood Control District. The subsurface drainage facilities consist of and include, but are not limited to, all subdrains of various sizes, chimney drains, gravel blankets and drains, back drains and outlets for buttresses, stabilization fills and retaining walls. Maintenance and operation of the subsurface drainage facilities involves: a. Periodic inspection, monitoring, and evaluations. b. Cleaning as determined from inspection. c. Maintenance and repairs required to keep facilities operating properly. The estimated total annual cost to provide this necessary maintenance of drainage devices is $25,821.09. The total annual assessment will be apportioned per the section of this report on Basis and Schedule of Benefit and shall include all drainage maintenance and administration costs. 3. DESCRIPTION OF EACH PARCEL Assessor's Parcel Number 2802-038-136 and 137, also described as: THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 17, THENCE ALONG THE EASTERLY LINE OF SAID SECTION SOUTH 0 DEGREES 22'28" EAST TO THE MOST SOUTHERLY NORTHWEST LINE OF LOT 29 OF TRACT 28043, AS PER MAP RECORDED IN BOOK 758, PAGES 95 TO 100 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG SAID LINE SOUTH 73 DEGREES 32' 50" WEST 14.80 FEET TO THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN PARCEL 5-2 PART "A' OF THE FINAL DECREE OF CONDEMNATION ENTERED IN SUPERIOR COURT OF LOS ANGELES COUNTY CASE NO. 119810 A CERTIFIED COPY OF WHICH WAS RECORDED ON FEBRUARY 8, 1977, AS INSTRUMENT NO. 77-139406, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHWESTERLY ALONG SAID LAST MENTIONED LINE TO THE NORTHERLY LINE OF.THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 17; THENCE EASTERLY ALONG SAID LINE TO THE POINT OF BEGINNING. 19 4. Assessor's Parcel Number 2802-002-010 also described as: THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 4 NORTH RANGE 15WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE ON MARCH 29, 1877. Assessor's Parcel Number 2812-010-008 also described as: THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE ON MARCH 29, 1877. PROPOSED ASSESSMENT FOR EACH PARCEL Assessor's Proposed Parcel No. Assessment 2802-038-136 $ 7,351.20 2802-038-137 0.00 2802-002-010 9,189.00 2812-010-008 9.280.89 Total $ 25,821.09 Should changes occur in Assessor's Parcel Numbers, the proposed assessment will be apportioned according to the basis of benefit. Commencing with Fiscal Year 1999/2000, the amount of the assessment for each District is proposed to increase each year, based upon the consumer Price Index, All Urban Consumers, for the Los Angeles -Anaheim -Riverside Area ("CPI"), as determined by the United States Department of Labor, Bureau of Statistics, or its successor. The engineer shall compute the percentage difference between the CPI for March of each year and the CPI for the previous March and shall then adjust the existing assessment by an amount not to exceed such percentage for the following fiscal year. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. 3 5. BASIS AND SCHEDULE OF BENEFIT The basis of benefit was determined to be dwelling units, i.e., one dwelling unit = one benefit unit. Tract Nos. 47863, 46626, and 50536 (a unit of Tract No. 46626), will contain 281 dwelling units. Thus, the schedule of benefit is as follows: Assessor's Parcel No. Benefit Units 2802-038-136 80 2802-038-137 (slope easement determined to have no benefit) 0 2802-002-010 100 2812-010-008 101 Total 281 ANNUAL BUDGET ACCOUNT NO. ACCOUNT TITLE AMOUNT 435? -7011 PERSONNEL $2,500.00 435? -8001 MAINTENANCE $10,411.00 1. Hydrauger 2. Outlet 3. Weed Control 4. Supplies 5. Reserves 435? -8110 MONITORING & ADMINISTATION $10,351.24- 10,351.241. 1.Monitoring 2. Annual Geology Report 3. Mileage 4. Legal Fees 5. Engineer's Report TOTAL OPERATING & MAINTENANCE $23,262.24 OVERHEAD ALLOCATION $2,558.85 DBAA NO. 20 — TOTAL ASSESSMENTS $25,821.09 281 UNITS x $91.89 = $25,821.09 Submitted by: Richard L. Kopecky, RCE 16742 Engineer of Work MHF:lkl council%re98-61.dcc EXHIBIT A r T r 6)N 2812-010-008 m' i v j� z r' INDEX MAP U SCALE : t' = 400' DRAINAGE BENEFIT ASSESSMENT AREA NO. 20 ri I ; ON 2802-002-010 \ ' PROP, f UM4 [AM"T ----1 ^' i i N0. 50536 ODS40RY LRE C,�N 2802-038-138 i y i �- TRACT N0. 47863 i S 0 L E D A D C A N Y O N R 0 A D PETITION 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 ESTABLISHMENT OF A DRAINAGE BENEFIT ASSESSMENT AREA PURSUANT TO THE "BENEFIT ASSESSMENT ACT OF 1982" BEING CHAPTER 6.1 OF PART 1 OF DIVISION 2 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA WHEREAS, the petitioner, The Ryland Group Inc. (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: Assessor's Parcel Number 2802-038-136 and 137, also described as: THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND. THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE 'SOUTHEAST QUARTER OF SAID SECTION 17, THENCE ALONG THE EASTERLY LINE OF SAID SECTION SOUTH 0 DEGREES 22'28" EAST TO THE MOST SOUTHERLY NORTHWEST LINE OF LOT 29 OF TRACT 28043, AS PER MAP RECORDED IN BOOK 758, PAGES 95 TO 100 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG SAID LINE SOUTH 73 DEGREES 32'50" WEST 14.80 FEET TO THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN PARCEL 5-2 PART "A" OF THE FINAL DECREE OF CONDEMNATION ENTERED IN SUPERIOR COURT OF LOS ANGELES COUNTY CASE NO. 119810 A CERTIFIED COPY OF WHICH WAS RECORDED ON FEBRUARY 8, 1977, AS INSTRUMENT NO. 77-139406, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHWESTERLY ALONG SAID LAST MENTIONED LINE TO THE NORTHERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 17; THENCE EASTERLY ALONG SAID LINE TO THE POINT OF BEGINNING. Assessors Parcel Number 2802-002-010 also described as: THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE ON MARCH 29, 1877. Assessor's Parcel Number 2812-010-008 also described as: THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN -THE DISTRICT LAND OFFICE ON MARCH 29, 1877. hereinafter referred to as the ."Property'; and WHEREAS, the owner is developing the Property as a residential development (hereinafter referred to as the "Project"); and 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 drainage easement areas within the Project (hereinafter referred to as. the "Improvement Areas"), be improved with drainage and other related improvements (hereinafter referred to as the "Drainage 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 the Drainage Improvements; and WHEREAS, pursuant to the "Benefit Assessment Act of 1982" being Chapter 6.1 of Part 1of Division 2 of the Government Code of the State of California, the City may establish a drainage benefit assessment district to provide for the continued maintenance, operation and servicing of the Improvement Areas and Drainage Improvements, and for the payment of the costs and expenses incurred for such maintenance, operation, and servicing; and WHEREAS, the Developer is the owner of all 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: 0 1. In order to assure the. continued maintenance, operation,, and servicing of the Improvement Areas and Drainage Improvements and the payment of the costs and expenses incurred for such maintenance, operation, and servicing, the Developer hereby requests that the City establish a Drainage Benefit Assessment Area (DBAA), pursuant to the "Benefit Assessment Act" being Chapter 6.1 of Part 1 of Division 2 of the Government Code of the State of California, in accordance with this Petition. 2. The Developer requests that the territory to be annexed to the Area and consist of all of the Property referenced in Paragraph A of the recitals hereinabove and shall become Drainage Benefit Assessment Area (DBAA) No. 20. 3. In consideration of the approval of the establishment of the District by the City, the Developer hereby proposes as follows: a. To construct Drainage Improvements (including, but not limited to, all such bench drains, down drains, parkway culvert, appurtenances, and all storm drains not to be maintained by the Los Angeles County Flood Control District) as may be reasonably required by the City. The following are the improvements to be installed by the developer: For Tract No. 47863, the surface drainage facilities consist of and include, but are not limited to, bench drains, down drains, parkway drains, inlet structures, catchment berms, and other drainage facilities not being transferred to the Los Angeles County Flood Control District. The subsurface drainage facilities consist of and include, but are not limited to, nine (9) hydraugers (horizontal perforated drain pipes, ranging from 250 to 790 linear feet in length), three (3) observation type manholes, back drains and outlets for buttresses, stabilization fills and retaining wall, perforated and solid subdrains of various sizes, 18 -inch -wide borings, chimney drains, gravel drains, all pursuant to the Subdrain Review Report by the tract geologist, dated September 27, 1996. involves: Maintenance and operation of all surface and subsurface drainage facilities - Periodic inspection, monitoring and evaluations. - Cleaning as determined from inspection. - Maintenance and repairs required to keep facilities operating properly. For Tract Nos. 46626 and 50536 (a unit of Tract No. 46626), the surface drainage facilitiesconsistof and include, but are not limited to, bench drains, down drains, parkway drains, inlet structures, catchment berms, and other drainage facilities not being transferred to the Los Angeles County Flood Control District. The subsurface drainage facilities consist of and include, but are not limited to, all subdrains of various sizes, chimney drains, gravel blankets and drains, back drains and outlets for buttresses, stabilization fills, and retaining walls. Maintenance and operation of the subsurface drainage facilities involves: - Periodic inspection, monitoring, and evaluations. - Cleaning as determined from inspection. - Maintenance and repairs required to keep facilities operating properly. b. To bear all costs to complete the construction or other installation of the Drainage Improvements on those portions of the Improvement Areas located in Tract Nos. 47863, 46626, and 50536 (a unit of Tract No. 46626), to the reasonable satisfaction of the City. c. To consent to the establishment of a Drainage Benefit Assessment Area (DBAA). 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. e. Pay the assessments levied for the first fiscal year (1998-99) upon the drainage benefit assessment area in which the property is located prior to the submittal to the City Council of any associated final subdivision map. 4. The Developer hereby requests that the establishment of the drainage benefit assessment district as set forth herein satisfies the City's drainage benefit assessment district condition to its approval for the recordation of the final tract map for the Project concerning the establishment and maintenance of the improvements, as referenced in Paragraph 4b of the recitals hereinabove. 5. The Developer hereby requests that the Area consist of one area of benefit such that the area of benefit will be assessed only the costs of servicing the improvements lying within the Area pursuant to Section 54715(b) of the Government Code. ALL SIGNATURES TO BE NOTARIZED DEVELOPERIOWNER The Ryland Group Inc. Horace Hogan, President Date PROPOSED DRAINAGE BENEFIT ASSESSMENT DISTRICT NUMBER 20 CITY OF SANTA CLARITA FISCAL YEAR 1998-99 Method of Assessment The law provides that the total cost shall be assessed proportionately to each individual parcel based upon the benefit received. As a condition of approval of Vesting Tentative Tract Map Nos. 47863, 46626, and 50536 (a unit of Tract no. 46626) approved by the City of Santa Clarita City Council on November 5, 1991, the Developer, Whites Canyon Associates, Ltd., is required to provide Drainage Improvements as shown on the diagram for the "Proposed Drainage Benefit Assessment Area (DBAA) Number 20." The proposed District is to provide for the maintenance and servicing of the Drainage Improvements, appurtenant structures, and all incidentals thereto. Since this project is one development, the properties within the development each receive full benefit from the improvements, i.e., maintenance and servicing. Therefore, because each parcel benefits equally, the benefit should be proportioned to the number of parcels to be created by the development. Total Estimated Improvement Costs 1. Personnel $2,500.00 2. Maintenance & Operation $10;411.00 3. Monitoring & Administration $10,351.24 4. Overhead allocation $2,558.85 Total $25,821.09 Estimated surplus or deficit from the previous fiscal year 0.00 Estimated contributions to be made from sources other than assessments levied pursuant to the Benefit Assessment Act of 1982 0.00 Net amount to be assessed upon assessable lands within this proposed district $25,821.09 S PROPOSED DRAINAGE BENEFIT ASSESSMENT DISTRICT NUMBER 20 CITY OF SANTA CLARITA FISCAL YEAR 1998-99 Assessor No. of Parcels Amount of Map Book Page Parcel Created Assessment 2802 038 136 80 $7,351.20 2802 038 137 easement $0.00 2802 002 010 100 $9,189.00 2812 010 008 101 $9,280.89 Total 281 $25,821.09 Assessment per parcel: $91.89 Direct all inquiries to City. of Santa Clarita, attention: Monica Fernandez, (805) 255-4959. MHF:mmn:vjj m cilkm9&61.dw I Sharon L. Dawson, CMC, City Clerk City of Santa Clarita