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HomeMy WebLinkAbout1999-04-13 - AGENDA REPORTS - DRAINAGE ASSESS SHADOW PINES (2)CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING DATE: April 13, 1999 City Manager Approval: 1&5� ,_' Item to be presented by:AT. Brad Therrien SUBJECT: SANTA CLARITA DRAINAGE BENEFIT ASSESSMENT AREA NO. 22, TRACT NOS. 51857 AND 52372, LOCATED AT SHADOW PINES BOULEVARD AND NARCISSUS CREST AVENUE — DETERMINATION AND ADOPTION OF ANNUAL ASSESSMENTS RESOLUTION NO. 99-35 DEPARTMENT: Transportation & Engineering Services RECOMMENDED ACTION City Council adopt Resolution No. 99-35, determining rates for establishment of annual assessments for Santa Clarita Drainage Benefit Assessment Area No. 22. BACKGROUND As a condition of the approval of Tract Nos. 51857 and 52372, drainage improvements are required. The developer, Canyon Cove Partners, has agreed to install all necessary drainage improvements. Provisions now need to be made for the continued maintenance of these improvements after they are accepted by the City. The developer has signed a petition requesting the formation of this district to provide for the repair and maintenance of the required drainage facilities. All drainage structures eligible for transfer to the Los Angeles County Flood Control District will be transferred and not maintained by this district. The estimated annual assessment for each lot of the proposed subdivisions is $225.00. From the time the improvements are complete and accepted for maintenance, it is estimated that 12 months of maintenance expenses will be required to fund interim maintenance work and establish a reserve fund prior to this assessment being included on the annual tax rolls. This amount will be required from the developer prior to acceptance of their tract and the improvements for maintenance. ALTERNATIVE ACTIONS 1. Terminate this proposed action and request that the developer establish a Homeowners' Association to administer the necessary operation and maintenance of all on-site drainage facilities. Adopted: -3 -� ®�� ",tends DRAINAGE BENEFIT ASSESSMENT AREA NO. 22 April 13, 1999 Page 2 2. Terminate this proposed action and require that the future individual owners of each of the lots within the subdivisions maintain those facilities that fall within their property. FISCAL IMPACT Annual assessment revenues are proposed to be $225.00 per lot, and the total of the annual assessments districtwide will be $9,000.00. There should be no fiscal impact to the City, as the assessment district is being established to provide for the financial needs associated with the continued operation and maintenance of the on-site drainage facilities. If the future property owners vote to terminate the assessment district, the City will have no obligation to continue the maintenance operations. The developer has included within the CC&R's for this development language that clearly obligates the property owners to provide for the continued operation and maintenance of the proposed drainage facilities as conditions of construction, relieving the City of further responsibilities. ATTACHMENTS Resolution No. 99-35 Exhibit "A" - Vicinity Map Exhibit `B" - Petition Engineer's Report Assessment Ballot LPC:lkl �...MnW-ss.doc CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING THE ENGINEER'S REPORT AND LEVYING THE ASSESSMENT FOR SANTA CLARITA DRAINAGE BENEFIT ASSESSMENT AREA NO. 22 THE DISTRICT INCLUDES THE LANDS WITHIN THE BOUNDARIES OF TRACT NOS. 51857 AND 52372 LOCATED AT SHADOW PINES BLVD. AND NARCISSUS CREST AVENUE PUBLIC NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita to consider adoption of a resolution approving the Engineer's Report and levying the assessment for Santa Clarita Drainage Benefit Assessment Area No. 22. The district includes the lands within the boundaries of Tract Nos. 51857 and 52372 located at Shadow Pines Blvd. and Narcissus Crest Avenue. The Engineer's Report is on file with the City Clerk. The purpose of the public hearing is to receive and consider public testimony regarding the District improvements and receive an Assessment Ballot on the proposed assessment for Fiscal Year 1999/2000. The purpose of the District is to provide the maintenance for the drainage improvements within the district. The hearing will be held by the Santa Clarita City Council in the City Hall Council Chambers, 23920 Valencia Blvd., 1st Floor, on the 13 day of April, 1999, at or after 6:30 p.m. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the City Clerk's Office, Santa Clarita City Hall, 23920 Valencia Blvd., Suite #301, Santa Clarita, CA. If you wish to challenge this action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the public hearing. Dated: March 8, 1999 Sharon L. Dawson, CMC City Clerk Publish Date: March 11, 1999 \comes\phdbs 22 EXHIBIT "B" 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 6.4 OF PART 1 OF DIVISION 2 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. WITNESSETH: A. WHEREAS, the petitioner, Canyon Cove Partners, a California General Partnership, (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: (Drainage Benefit Assessment District No. 22) Leeal Description: THAT PORTION OF SECTION 12, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SANTA CLARITA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND: Also being Assessor Parcel No. 2854-006-013 (Tentative Tract No. 52372); and THOSE PORTIONS OF LOTS 8 AND 9 IN SECTION 7, TOWNSHIP 4 NORTH, RANGE 14 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE ON SEPTEMBER 6,1924: Also being Assessor Parcel No. 2854-006-002 (Tentative Tract No. 51857) (hereinafter referred to as the "Property"); and B. WHEREAS, the owner is developing the Property as a residential development (hereinafter referred to as the "Project") in the City of Santa Clarita, (hereinafter referred to as the "City"); and C. WHEREAS, in order to provide buildable sites on the Property, grading will be necessary which must comply with the Building Code of the City; and NOTICE OF PUBLIC HEARING AND ASSESSMENT BALLOT Page 2 D. WHEREAS, the necessary grading of the Property will cause the need for certain drainage devices (hereinafter referred to as the "Drainage Improvements") to be constructed by the Developer to a standard acceptable to the City for the safety and protection of the building sites in those certain areas (hereinafter referred to as the "Improvement Areas") within the Project; and E. WHEREAS, these Drainage Improvements must be maintained, operated, and serviced in order to perform in the manner for which they were designed; and F. WHEREAS, the Developer must provide a means satisfactory to the City for assuring the continued maintenance, operation, and servicing of the Drainage Improvements; and G. WHEREAS, the Improvement Areas and Drainage Improvements shall be kept free of debris and cleaned so as not to compromise the capacity or safety of the Improvement Areas, Drainage Improvements, and the Project; and H. WHEREAS, pursuant to Section 39501 of the Government Code of the State of California, the City may compel the owner, lessee, or occupant of buildings, grounds, or lots to remove dirt, rubbish, weeds, and rank growth from buildings or grounds and adjacent sidewalks. If the owner, lessee, or occupant defaults, after notice prescribed by the City, it may authorize the removal or destruction of the dirt, rubbish, weeds, and rank growth at the owners, lessees, or occupants expense by a City officer. The City may prescribe a procedure for the removal or destruction and make the expense a lien upon the buildings or grounds; and I. WHEREAS, pursuant to Section 3307 of the City Building Code, which indicates, among other things, that any existing excavation or embankment or fill on private property that has become a hazard to life and limb, or endangers property, or adversely affects the safety, use, or stability of a public way or drainage channel, the owner of the property shall, within the period specified by written notice from the City, repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of the City's Building Code; and J. WHEREAS, pursuant to Section 38900 of the Government Code of the State of California, the City may construct, establish, and maintain drains and sewers; and K. WHEREAS, the Developer requests the City to exercise its authority to establish a Drainage Benefit Assessment District to finance the cost of maintenance, operation, and servicing of the Improvement Areas and Drainage Improvements; and NOTICE OF PUBLIC HEARING AND ASSESSMENT BALLOT Page 3 L. WHEREAS, pursuant to the 'Benefit Assessment Act of 1982" being Chapter 6.4 of Part 1 of Division 2 of the Government Code of the State of California, the City may establish a Drainage Benefit Assessment Area 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 M. WHEREAS, pursuant to Section 54703.1 of the Government Code of the State of California, it is in the public's interest to allow local agencies to finance property - related services through the imposition of an assessment upon the property which benefits from those services. This section also finds and declares that assessments imposed for the purpose of providing services which benefit individual properties are not taxes for the general benefit of the governmental entity, but are assessments for services which confer special benefits upon the properties to which the services are provided; and N. WHEREAS, the Developer is the owner of the real property to be benefited by the Improvement Areas and Drainage Improvements, and the maintenance, operation, and servicing thereof; and O. WHEREAS, in accordance with Proposition 218, "The Right to Vote on Taxes Act," Article XIII D, Section 4, the owner must submit an Assessment Ballot either approving or disapproving the levy of the assessment(s) on their property. 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 Drainage Improvements, and the payment of the cost and expenses incurred for such maintenance, operation, and servicing, the Developer hereby requests that the City establish a Drainage Benefit Assessment Area pursuant to the "Benefit Assessment Act of 1982," as set forth in Chapter 6.4 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 be placed into a Drainage Benefit Assessment Area and shall consist of all the property referenced in Paragraph A of the recitals hereinabove and shall become Drainage Benefit Assessment Area No. 22 (DBAA No. 22), (hereinafter referred to as the "District"). The total annual assessment shall be $9,000 divided proportionally among the parcels of the Property, such assessment may be increased at an annual amount based upon the increase in the Consumer Price Index for the Los Angeles area (CPI). If the assessment is not increased by a CPI in some years, the CPI may be calculated cumulatively for subsequent years. 3. As the owner of all of the real property to be placed into the District, the Developer hereby waives all statutory hearings of objections and protests by interested property owners to the proposed District. NOTICE OF PUBLIC HEARING AND ASSESSMENT BALLOT Page 4 4. 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 for Tract Nos. 52372 and 51857 (including, but not limited to, all such subsurface pipes, terrace drains, parkway culverts, swale drains, down drains, inlet structures, flumes, stand pipes, debris walls, debris/de- silting basins, catch basins, 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. b. To bear all costs to complete the construction or other installation of the Drainage Improvements on those portions of the Improvement Areas located on the Property to the reasonable satisfaction of the City. C. To consent to the establishment of a Drainage Benefit Assessment Area. 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 (1999/00) upon the Drainage Benefit Assessment Area in which the property is located prior to the submittal to City Council of any associated final subdivision map. f. To consent to the establishment of an annual assessment for the property being placed 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 Improvement Areas and Drainage Improvements on the Property. 5. The Developer hereby requests that the establishment of the Drainage Benefit Assessment Area, as set forth hereinabove; satisfy the City's Uniform Development Code and Ordinances for proper maintenance, operation, and servicing of the Improvement Areas and Drainage Improvements for its approval of the Project as referenced in the recitals hereinabove. The Improvement Areas and Drainage Improvements to be administered and maintained by the District are shown on the attached Map. NOTICE OF PUBLIC HEARING AND ASSESSMENT BALLOT Page 5 ALL SIGNATURES TO BE NOTARIZED DEVELOPER/OWNER: Canyon Cove Partners, a California General Partnership 19, 1999 Date LPC:lkl counci1\re99.19.doc Wayne Colmer Printed Name ACKNOWLEDGMENT State of California SS. County of .C.O.S fi/YG"e-XId S On �� �Q�9� before me, (here insert name) Notary Public, personally appeared Wig `/iSIE G�O.t�IE..e personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the per- son(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MYRNA B. CRAIG commission #1161173 z .s Notary Public - Cartfomia Z i Los Angeles county MY COMM. bipwesmov 9, 2001 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: T Itle or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above CLT Continental Lawyers Title Company Subsidiary of jawyersTide Insurance Corporation 11-IIW ("ev. 9N.)13 OFFICES IN: LOS ANGELES ORANGE INLAND EMPIRE SAN DIEGO SANTA RARRARA VENTURA COUNTY COUNTY 1845 Business Center Dr COUNTY COUNTY COUNTY 800 E. Colorado Blvd. 1015 N. Main St. Suite 200 4542 Ruffner St. 200 E. Carrillo St. 751 Daily Dr., Suite 100, Pasadena, CA 91 101 Santa Ana, CA 92701 San Bernardino San Diego, CA 921 1 1 Santa Barbara, CA 93101 Camadlo, CA 93010 (818) 304-2700 1714) 835-5575 CA 92408 (619) 278-4171 1805) 965-7091 (818) 889-6631 (80) 676-2582 (805) 484-2701 11-IIW ("ev. 9N.)13 ENGINEER'S REPORT CITY OF SANTA CLARITA DRAINAGE BENEFIT ASSESSMENT AREA NO. 22 Fiscal Year 1999/2000 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 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 Benefit Assessment Act of 1982 are these types of special benefit assessments. The Proposition exempts assessments for drainage systems. 2. DESCRIPTION OF SERVICE The proposed service involves the maintenance and operation of various drainage facilities, to include subsurface pipes, terrace drains, parkway culverts, swale drains, down drains, inlet structures, flumes, stand pipes, debris walls, debris/de-silting basins, catch basins, and all storm drains and related improvements and appurtenances constructed for Tract Nos. 52372 and 51857 located at Shadow Pines Boulevard and Narcissus Crest Avenue, in the City of Santa Clarita, not to be maintained by Los Angeles County Flood Control District, as shown on Exhibit "A." Maintenance and operation of the drainage facilities involves: a. Periodic inspection, monitoring, and evaluations b. Annual cleaning of the swales, drains, and de -silting basins c. Annual geologist review with report and recommendations d. Necessary repairs and maintenance as recommended e. Administration of the District to provide contract maintenance services and the annual Engineer's Report and district budget processing. The estimated total annual cost to provide this maintenance of drainage devices is $9,000.00 for Fiscal Year 1999/00. 3. DESCRIPTION OF EACH PARCEL Drainage Benefit Assessment Area No. 22 is comprised of Tract Nos. 52372 and 51857, Assessor Parcel Numbers 2854-006-002 and 2854-006-013. 4. PROPOSED ASSESSMENT FOR EACH PARCEL Assessor Proposed Tract Number of Parcel No. Assessment Number Units 2854-006-002 $ 900.00 52372 4 2854-006-013 8,100.00 51857 36 Total: $9,000.00 Should changes occur in Assessor Parcel Numbers, the proposed assessment will be apportioned according to the basis of benefit. 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 No. 52372 will contain four dwelling units with one open space lot. Tract No. 51857 will contain 36 dwelling units with one open space lot. Thus, the schedule of benefit is as follows: Assessor Benefit Parcel No. Units 2854-006-002 4 2854-006-013 36 Two open space parcels are determined to have no benefit. Total: 40 ENGINEER'S REPORT CITY OF SANTA CLARITA DRAINAGE BENEFIT ASSESSMENT AREA NO. 22 ANNUALBUDGET Expenditures Inspection & Monitoring Geologist Outside Source Replacement Administrative Activity City Inspections Contract Administration — City Mileage Legal Fees Annual Geologic Review — City Contract Maintenance Replacement Reserve Account District Administration 10% City Administration Overhead Total 1999/00 Assessed Amount Future Number of Dwelling Units Assessment Per Unit Total Amount Assessed Submitted by: Anthony J. Nisich, R.C.E. 28550 Engineer of Work LPC:lkl aund1\re99-35.doc Budget $ 250.00 1,250.00 40.00 100.00 250.00 5,210.00 500.00 500.00 900.00 $9,000.00 40 225.00 $9,000.00 IMW031 SANTA CLARITA DRAINAGE BENEFIT ASSESSMENT AREA NO. 22 (DBAA 22) A.P.N.: 2854-006-002 Tract No. 52372 OWNER OF RECORD: Canyon Cove Partners, a California General Partnership YES: I approve of the proposed drainage assessment of $900 on the parcel identified on this ballot. NO: I do not approve of the proposed drainage assessment of $900 on the parcel 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 identified above. January 19, 1999 of record owner or Date .representative ACKNOWLEDGMENT State of California SS. County of •C-yS �4N6ELES On / --/9- 99 before me, 1-7,V'i a'• L'.� (here insert name) Notary Public, personally appeared w.AYN lc-- personally E personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the some in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the per- son(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MYRNA B. CRAIG Commission ;*1161173 z .Aa :� Notary Puoiic - CalTforl Las Angeles County My Comm..-�xrrp�aes°t3ov 9, 2001 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above CLT. Continental Lawyers Title Company Subsidiary of Lawyerside Insurance Corporation 7-1100 (Rev. 4/94) R VENTURA COUNTY 751 DailyDr., Suite 100, Camarillo, CA 93010 18181 889-6631 18051 4842701 OFFICES IN: LOS ANGELES ORANGE INLAND EMPIRE SAN DIEGO SANTA BARBARA COUNTY COUNTY 1845 Business Center Or COUNTY COUNTY 800 E. Colorado Blvd. 1015 N. Main St. Suite 200 4542 Ruffner St. 200 E. Carrillo St. Pasadena, CA 91 101 Santa Ana. CA 92701 San Bernardino San Diego, CA 921 1 1 Santa Barbara, CA 931 Of 181813042700 (714)835-5575 CA 92408 161912784171 18051965-7091 (81676-2582 7-1100 (Rev. 4/94) R VENTURA COUNTY 751 DailyDr., Suite 100, Camarillo, CA 93010 18181 889-6631 18051 4842701 SANTA CLARITA DRAINAGE BENEFIT ASSESSMENT AREA NO. 22 (DBAA 22) A.P.N.: 2854-006-013 Tract No. 51857 OWNER OF RECORD: Canyon Cove Partners, a California General Partnership YES: I approve of the proposed drainage assessment of $8,100 on the parcel identified on this ballot. NO: I do not approve of the proposed drainage assessment of $8,100 on the parcel identified on this ballot. I hereby declare, under penalty of perjury, that I am the record owner, or the authorized representative of the record owner, of the parcel identified above. / ''- January 19, 1999 record owner or Date T representative LPC:lkl council\re99-19.doc ACKNOWLEDGMENT State of California SS. County of On before me, /%yRA*i'R 3P e.eA2/411�1 (here insert name) Notary Public, personally appeared _Lr%� �iY.� gok,' 6 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the some in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the per- son(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatur '_1 - ...-- --- MYRNA B. CRAIG Commission #1161173 NcraryPublic - Carrfarni Los Angeles County ^IyComm.Expl°N99,2MI ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages Date of Document Signer(s) Other Than Named Above CLT, Continental Lawyers Title Company Subsidiary of Luryeisl$le Insurance Corporation I -I IW 01! `4/Ya/fid VENTURA COUNTY 751 Daily Dr., Suite 100, Camarillo, CA 93010 (818) 8893631 (805) 484-2701 OFFICES IN: LOS ANGELES ORANGE INLAND EMPIRE SAN DIEGO SAMA BARBARA COUNTY COUNTY 1845 Business Center Dr COUNTY COUNTY 800 E. Colorado Blvd. 1015 N. Main St. Suite 200 4542 Ruffner St. 200 E. Camllo St. Pasadena, GA 91 101 Santa Ana, CA 92701 San Bernardino San Diego. CA 921 1 1 Santa Barbara, CA 93101 (818) 304-2700 (714) 835-5575 CA 92408 (619) 278-4171 1805) 965-7091 1800) 676-2582 I -I IW 01! `4/Ya/fid VENTURA COUNTY 751 Daily Dr., Suite 100, Camarillo, CA 93010 (818) 8893631 (805) 484-2701