HomeMy WebLinkAbout1999-05-25 - AGENDA REPORTS - LMD 1 SOLEDAD ENTERTAIN CENTER (2)CITY OF SANTA CLARITA
AGENDA REPORT
PUBLIC HEARING City Manager App/Wayne
Item to be presented Weber
DATE: May 25, 1999
SUBJECT: ANNEXATION OF TERRITORY INTO SANTA CLARITA
LANDSCAPE MAINTENANCE DISTRICT NO. 1, AS ZONE 10, FOR
THE SOLEDAD ENTERTAINMENT CENTER LOCATED ON
SOLEDAD CANYON ROAD AT LUTHER DRIVE
RESOLUTION NO. 99-95
DEPARTMENT: Parks, Recreation, and Community Services
RECOMMENDED ACTION
City Council conduct the public hearing, adopt Resolution No. 99-95, approve the Engineer's
Report, order the annexation of territory into Landscape Maintenance District No. 1 as
Zone 10, and order the levy and collection of assessments.
BACKGROUND
As a condition of the approval of the Soledad Entertainment Center, landscape median
improvements were required. The landscape median improvements were installed and long-
term maintenance must be provided by annexing the area into a landscape district. The
developer has signed a petition requesting the annexation of this landscape maintenance into
Santa Clarita Landscape Maintenance District No. 1 as Zone 10. This zone will provide for
the continued maintenance of these improvements after they are constructed and accepted by
the City.
By signing the petition and ballot, the Developer and sole property owner has waived the
noticing requirements and right to majority protest at the public hearing and has submitted
an assessment ballot in favor of the annexation. 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 tax roll. Resolution 99-95 approves the annexation of the Soledad
Entertainment Center into Landscape Maintenance District No. 1 as Zone 10. The total
proposed annual assessment for the property in the district is $1,950. The formation of this
district is in compliance with Proposition 218.
ALTERNATIVE ACTIONS
1. Do not annex territory.
2. Other action as determined by City Council.
_ Adopted: - 5 - z� 4 4
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FISCAL IMPACT
This zone will provide funding for the maintenance of the median in front of the project. The
estimated revenues and expenditures for annual maintenance will be $1,950. These
revenues and expenditures will be included in the Fiscal Year 1999-2000 final budget
adoption.
ATTACHMENTS
Resolution No. 99-95
Exhibit "A" Location Map
Engineer's Report (Available in the City Clerk's reading file)
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CITY OF SANTA CLARITA
NOTICE OF PUBLIC HEARING TO CONSIDER ANNEXATION OF
CERTAIN TERRITORY INTO SANTA CLARITA LANDSCAPE
MAINTENANCE DISTRICT NO. 1, AS ANNEXATION NO. 10,
LOCATED AT 18800 SOLEDAD CANYON ROAD,
SANTA CLARITA, CALIFORNIA
PUBLIC NOTICE IS HEREBY GIVEN:
A Public Hearing will be held before the City Council of the City of Santa Clarita to consider
annexation of certain territory into Santa Clarita Landscape Maintenance District No. 1, as
Annexation No. 10, located at 18800 Soledad Canyon Road, commonly known as The Soledad
Entertainment Center, in the City of Santa Clarita, California.
The hearing will be held by the Santa Clarita City Council in the City Hall Council Chambers,
23920 Valencia Blvd., 1st Floor, on the 25' day of May, 1999, at or after 6:30 p.m. Resolution
No. 99-27, which set the proceedings for this public hearing, was adopted by the City Council
of the City of Santa Clarita on March 23, 1999, and is available for review in the City Clerk's
office.
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: April 27, 1999
Sharon L. Dawson, CMC
City Clerk
Publish Date: May 3, 1999
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EXHIBIT "A"
Soledad Entertainment Center
Soledad Canyon Road
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Mandan Street
Maintained area is median in Soledad at Luther
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ENGINEER'S REPORT
CITY OF SANTA CLARITA
ANNEXATION NO. 10 INTO
LANDSCAPE MAINTENANCE DISTRICT NO. 1
SOLEDAD ENTERTAINMENT CENTER
FISCAL YEAR 1999/2000
SANTA CLARITA, CALIFORNIA
Submitted March 23, 1999
ENGINEER'S REPORT
CITY OF SANTA CLARITA
ANNEXATION NO. 10
LANDSCAPE MAINTENANCE DISTRICT NO. 1
Soledad Entertainment Center
TABLE OF CONTENTS
Page
IIntroduction........................................................................................... 1
II. Plans and Specifications.................................................................................... 3
III. Estimated Costs of the Improvements ................................................ 3
IV. Assessment Diagram........................................................................... 5
V. Assessment........................................................................................... 5
VI. Method of Assessment........................................................................... 5
Appendices
A Assessment Roll
B Assessment Diagram
ENGINEER'S REPORT
CITY OF SANTA CLARITA
ANNEXATION NO. 10 INTO
LANDSCAPE MAINTENANCE DISTRICT NO. 1
Soledad Entertainment Center
I. INTRODUCTION
This report is prepared in compliance with the requirements of Article 4, Chapter 1, of the
Landscaping and Lighting Act of 1972, (hereinafter referred to as the "Act') which is Part
2, Division 15 of the California Streets and Highways Code. This report considers the
annexation of territory to be known as Annexation No. 10, the Soledad Entertainment
center, into the existing Santa Clarita Landscape Maintenance District No. 1.
Pursuant to the Act, the City Council is the legislative body for the District and may annex
territory and levy annual assessments acting as the governing body for the operations and
administration of the District.
In addition, The Act provides for the levy of annual assessments after annexation or
formation of an assessment district for the continued maintenance and servicing of the
district improvements. The Act further allows various areas to be annexed into an existing
district when the territory in the annexation receives substantially the same degree of
benefit from the improvements. The costs associated with the installation, maintenance
and service of the improvements may be assessed to those properties, which are benefited
by the installation, maintenance and service.
Section 22608 of the Streets and Highways Code further states that annexation
proceedings will be'limited to the territory proposed to be annexed into an existing district.
This report will be limited to those properties located in the Soledad Entertainment Center
as shown on Appendix "B"
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.
Each property owner who owns parcels subject to the assessment will be sent an
Assessment Ballot requesting their approval to annex into the district and approve the
March 'j. 1999 City of Santa Clarita
assessments being imposed. Subsequent owners of parcels would be made aware through
title reports and Department of Real Estate "White Paper" reports that the parcels are in
the district and subject to the assessments. Purchase of the parcel(s) is also an agreement
by the new owners to be subject to the assessments. However, subsequent increases, if
any, will be subject to the procedures and approval process of Section 4 of Article XIII D.
This report is being provided to show that there will be no proposed increase in the
assessments to pay for costs incurred for maintenance, servicing and operation of the
existing District. However, the assessments will be proposed for the first time to those
parcels proposed to be included in this annexation.
The City may initiate proceedings for the annexation of territory for continued
maintenance and servicing of landscaping improvements by passing a resolution. This
Resolution of Intention generally describes the territory to be annexed into the district and
any proposed new improvements or any substantial changes in existing improvements and
orders an engineer to prepare and file a detailed report.
This report prepared by the engineer details only the proposed annexation to the existing
district and must include; plans and specifications of the improvements; an estimate of the
costs of the improvements, including maintenance and servicing; a diagram, i.e., map of
the assessment district showing the boundary of the district and annexation; the parcels or
lots which benefit, and an estimate of costs of the improvements, maintenance and
servicing. Once the report is completed, it is presented to the City Council (the legislative
body) for its review and approval as presented, or may be modified and approved.
After the report is approved the City adopts the Resolution of Intention which declares its
intent to annex territory and levy and collect assessments, describes the improvements,
including maintenance and servicing, refers to the assessment district by its distinctive
designation, refers to the report for the details of the district, and sets a time for a public
hearing on the levy of the proposed assessment.
Following the initial Council Meeting the City will send an Assessment Ballot with which
the property owners can vote on the annexation and assessment.
At the public heariyg the City will count the Assessment Ballots returned and consider the
public testimony in favor and/or opposing the annexation and assessment. At that time,
the City Council may adopt a resolution confirming and levying the assessments to fund
the maintenance and servicing of the improvements or abandon the proposed annexation.
Assessments, if authorized, would be placed on the 1999/2000 County Tax Roll and would
be collected with the regular County property taxes. Reserve funds in the current district
would be used to fund the maintenance and service until assessment funds are distributed
by the County Tax Collector in December of 1999.
March 23, 1999 City of Santa Clarita 2
I. PLANS AND SPECIFICATIONS
The proposed improvements for Annexation No. 10 into Landscape Maintenance District
No. 1, include, but are not limited to, and may be generally described as follows:
The operation, maintenance and servicing of ornamental structures, landscaping, including
trees, shrubs, grass, and other ornamental vegetation, and appurtenant facilities, including
irrigation systems and drainage devices located in public places within the boundaries of
the Landscape Maintenance District. Maintenance means the furnishing of services and
materials for the ordinary and usual maintenance, operation and servicing of the
ornamental structures, landscaping and appurtenant facilities, including repair, removal,
or replacement of all or part of any of the ornamental structures, landscaping or
appurtenant facilities; providing for the life, growth, health and beauty of the landscaping,
including cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or
injury; the removal of trimmings, rubbish, debris other solid waste; and pest control.
Servicing means the furnishing of electricity for the operation of any appurtenant facilities,
and water for the irrigation and control of the landscaping and the maintenance of any of
the ornamental structures, landscaping and appurtenant facilities.
Plans and Specifications for the improvements for Annexation No. 10 to the Landscape
Maintenance District are voluminous and are not bound in this report but by this reference
are incorporated and made a part of this report. The plans and specifications are on file at
the City.
III. ESTEVIATED COSTS OF THE EUPROVEMENTS
The Act provides that the estimated costs of the improvements shall include the total cost
of the improvements for Fiscal Year 1999/2000, including incidentals, which may include
reserves to operate the District until funds are transferred to the City from the County
around December 10 of the next fiscal year.
The Act also provides that the amount of any surplus, deficit or contribution be included in
the estimated cost of improvements. The net amount to be assessed on the lots or parcels
within each district is the total cost of installation, maintenance and servicing with
adjustments either positive or negative for reserves, surpluses, deficits and/or
contributions.
Estimated costs of improvements for Landscape Maintenance District No. 1, including
Annexation No. 10, are voluminous and are not bound in this report but by this reference
are incorporated and made a part of this report. The estimated costs are on file at the City
where they are available for public inspection.
March 23, 1999 City of Santa C[arita 3
ENGINEER'S REPORT
CITY OF SANTA CLARITA
ANNEXATION NO. 10 INTO
LANDSCAPE MAINTENANCE DISTRICT NO. 1
Soledad Entertainment Center
1999/2000 FISCAL YEAR BUDGET ESTIMATE
ASSESSMENT LOTS OR PARCELS: 1 Commercial Parcel
TOTAL NUMBER OF UNITS: 1
TYPE OF LAND USE: Residential
BUDGET ITEM
Total Funds Required
Available Carryover
Other Revenue
To be Raised by Parcel Assessment
Annual Per -Parcel Assessment (1 Units)
Annual Per Unit Assessment will be $1,950
March 33, 1999 City of Santa Clarita 4
TOTAL
DISTRICT
$ 1,950
$ 0
$ 0
$ 1,950
$ 1,950
IV. ASSESSMENT DIAGRAM
The boundary map/diagram is included herein as "Appendix B" is part of this report.
V. ASSESSMENT
All assessed lots or parcels of real property within the annexation are listed on the
Assessment Roll which is on file at the City and is hereby made a part of this report by
reference. The assessment roll states the net amount to be assessed upon assessable lands
within Annexation No. 10 for Fiscal Year 1999/2000, shows the Fiscal Year 1999/2000
assessment upon each lot and parcel within the annexation, and describes each assessable
lot or parcel of land within the annexation. These lots and parcels are more particularly
described in the County Assessment Roll, which is on file in the office of the Los Angeles
County Assessor and by reference is made a part of this report as "Appendix A".
Commencing with Fiscal Year 2000/2001, the amount of the assessments for Annexation
No. 10 will include a yearly increase, 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. 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.
VI. METHOD OF ASSESSMENT
The Landscaping sad Lighting Act of 1972 provides that assessments may be apportioned
upon all assessable lots or parcels of land within an assessment district in proportion to
the estimated benefits to be received by each lot or parcel from the improvements. In
addition, Proposition 218 requires that a parcel's assessment may not exceed the
reasonable cost of the proportional special benefit conferred on that parcel. The
Proposition provides that only special benefits are assessable, and the City must separate
the general benefits from the special benefits conferred on a parcel. A special benefit is a
particular and distinct benefit over and above general benefits conferred on the public at
large, including real property within the district. The general enhancement of property
value does not constitute a special benefit.
SPECIAL BENEFIT
In the existing District the landscape improvements were installed by the developers,
subdividers of the land, and the continued maintenance was guaranteed through the
March 23, 1999 City of Santa Clarita 5
establishment of a Landscape Maintenance District. If the installation of the
improvements and the guaranteed maintenance did not occur, the lots would not have been
established and could not have been sold to any distinct and separate owner. The
establishment of each distinct and separate lot is a special benefit which permits the
construction of a building or structure on the property and the ownership and sale of the
distinct lot in perpetuity.
All the lots are established at the same time once the conditions regarding the
improvements and the continued maintenance are guaranteed. As a result, each lot within
the district receives a special and distinct benefit from the improvements and to the same
degree.
The area outside of, and surrounding the residential/commercial structures are landscaped
and are owned in common by all the owners of the residential/commercial structures.
These common areas have landscaping improvements that are maintained by the district.
Since these improvements are for the benefit of the owners and they also benefit from the
maintenance of these improvements, only the owners of property within the district are
assessed for this benefit and its costs.
In addition, the improvements continue to confer a particular and distinct special benefit
upon parcels within the annexation because of the nature of the improvements. The proper
maintenance of landscaping and appurtenant facilities specially benefit parcels within the
annexation by moderating temperatures, and providing oxygenation thereby enhancing the
environmental quality of the parcels and making them more desirable. The spraying and
treating of landscaping for disease reduces the likelihood of insect infestation and other
diseases spreading to landscaping located throughout the properties within the annexation.
The proper maintenance of the landscaping, ornamental structures, and appurtenant
facilities reduces property -related crimes (especially vandalism) against properties in the
annexation. The landscaping located in Landscape Maintenance District No. 1 and the
proposed Annexation No. 10 helps to visually join the various segments of the community,
which enhance property. Finally, the proper maintenance of landscaping and ornamental
structures improves the attractiveness of the properties within the annexation and
provides a positive visual experience each and every time a trip is made to or from the
property. All of the above-mentioned contributes to a specific enhancement of the property
values of each of the parcels within the annexation.
GENERAL BENEFIT
In addition to the special benefits received by the parcels within the proposed annexation,
there are incidental general benefits conferred by the proposed improvements.
The proper maintenance of landscaping and appurtenant facilities within the proposed
annexation will not only control dust from blowing onto properties within the annexation,
but will also control dust from blowing onto properties outside of the annexation. The
spraying and treating of landscaping within the annexation for disease reduces the
likelihood of insect infestation and other diseases spreading to landscaping located
throughout other properties within the City. Finally, the proper maintenance of
landscaping and ornamental structures provides a positive visual experience to persons
March 23, 1999 City of Santa Clarita 6
passing by the annexation. All of the above-mentioned constitutes incidental general
benefits conferred by the improvements.
The total benefits are thus a combination of the special benefits to the parcels within the
annexation and the general benefits to the public at large and to adjacent property owners.
The portion of the total landscape maintenance costs which are associated with general
benefits will not be assessed to the parcels in the district, but will be paid from other City
Funds.
Because the landscaping is located immediately adjacent to properties within the proposed
annexation, and is maintained solely for the benefit of the properties within the proposed
annexation, any benefit received by properties outside of the proposed annexation is merely
incidental. It is estimated that the general benefit portion of the benefit received from the
improvements for any annexation is less than one (1) percent of the total benefit.
Nonetheless, the City has agreed to ensure that no property is assessed in excess of the
reasonable cost of the proportional special benefit conferred on that property.
APPORTIONMENT
In this residential annexation, all the parcels in the annexation receive the same special
benefit from the improvements due to their use and their similar proximity to the
improvements. Therefore, each parcel is assessed an equal amount.
Currently there is one (1) commercial parcel. The assessment rate will be the per unit rate
with the total annual cost of maintenance divided by the number of units.
Example: ($_ X 1 Unit) _ $ per Fiscal Year 1999/00.
If the parcel is subdivided, the total assessment will be apportioned equally on each new
parcel.
March 23, 1999 City of Santa Clarita
I, , as City Clerk, do hereby certify that the foregoing assessments, together
with the boundary maps attached thereto, were filed in my office on the _ day of
'1999.
Sharon L. Dawson, City Clerk
City of Santa Clarita
I, Richard L. Kopecky, Willdan Associates, Engineer of Work for the City of Santa Clarita,
do hereby certify that the foregoing assessments, together with the boundary maps
attached thereto, are true and correct.
Richard L. Kopecky, RCE 16742
Engineer of Work
Submitted by:
Richard L. Kopecky, RCE 16742
Assessment Engineer
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March 23, 1999 City of Santa Clarita
"APPENDI%A"
ASSESSMENT ROLL
ANNEXATION NO. 10 INTO
LANDSCAPE MAINTENANCE DISTRICT NO.1
Soledad Entertainment Center
The assessment roll for the annexation to the Landscape Maintenance District is hereby
incorporated and made a part of this report. The Assessment Rolls are on file at the City
where they are available for public inspection.
Reference is made to the Los Angeles County Assessment Roll for a description of the lots
or parcels in each of the Assessment Districts.
FY 99/2000 FY 99/2000
Annexation Assessor District Parcel
Number Parcel No. Assessment Assessment
1 Comm 1 Parcel $1,950 $1,950 per unit
March 33, 1999 City of Santa Clarita
I, , as City Clerk, do hereby certify that the foregoing assessments, together
with the boundary maps attached thereto, were filed in my office on the _ day of
'1999.
Sharon L. Dawson, City Clerk
City of Santa Clarita
I, Richard L. Kopecky, Willdan Associates, Engineer of Work for the City of Santa Clarita,
do hereby certify that the Foregoing assessments, together with the boundary maps
attached thereto, are true and correct.
Richard L. Kopecky, RCE 16742
Engineer of Work
Submitted by:
Richard L. Kopecky, RCE 16742
Assessment Engineer
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March 23, 1999 City of Santa Clarita 8