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HomeMy WebLinkAbout1999-04-13 - AGENDA REPORTS - LMD 1 T-42C TRACT 44896-1 (2)CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR DATE: April 13, 1999 City Manager Item to be presented by: Wayne Weber SUBJECT: ANNEXATION OF TERRITORY INTO SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. 1, AS ZONE T -42C FOR TRACT NO. 44896-1 LOCATED AT CIRCLE J RANCH AND VIA PRINCESSA RESOLUTION NO. 99-52 DEPARTMENT: Parks, Recreation, and Community Services RECOMMENDED ACTION City Council adopt Resolution No. 99-52 to initiate proceedings, approve the Engineer's Report, authorize the levy of assessments, establish a budget for LMD No. T -42C for tract 44896-1 in the amounts shown on Exhibit `B" and set the public hearing for June 8, 1999. BACKGROUND As a condition of the approval of Tract No. 44896-1, the developer was required to install landscape improvements along Via Princessa and other project corridors. These improvements will be maintained by Zone T-42 which is already a part of this development. The developer, Beazer Homes was also required to plant, irrigate, and dedicate an open space parcel. An additional zone is being established for the maintenance of that open space and improvements after they are constructed and accepted by the City. The property owner has signed a petition requesting the annexation of this landscape maintenance into Santa Clarita Landscape Maintenance District No. 1 as Zone No. T42 -C. By signing the petition, the Developer has waived the noticing 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 99-52 annexes Tract 44896-1 into Landscape Maintenance District No. 1 as Zone No. T -42C. The total proposed annual assessment is $530 per unit for each of 95 units, for a total assessment of $50,350. The formation of this district is in compliance with Proposition 218. ALTERNATIVE ACTION Do not annex territory. Other direction as determined by Council. FISCAL IMPACT This zone will provide funding for the maintenance of the open space and landscaping for Tract No. 44896-1. The estimated revenues and expenditures collected from the annexation for annual maintenance will be $50,350. Adopted: 4-/ 3 - I g s ATTACHMENTS Resolution No. 99-52 Exhibit "A" Location Map Exhibit `B" Petition Engineer's Report (Available in the City Clerk's reading file) NED:ltk Pr\council\agrepts\1999\44895.doc EXHIBIT "A" Zone T -42C 3: I ,ML: ROAD � CANYC W cr a a U LOCATION MAP SCALE. !`=,000' CIRCLc RANC:- ROAD CL_ARV1EW C.. 95 SINGLE FAMILY i'0i99 '1:05 AM FY 1999-00 No. of acres No. of parcels Per parcel assessments Revenue from parcel assessments From fund balance Ad valorem, interest, other revenue AL COLLECTED Account Numbers Expense Account Number Revenue Account Number Auditor Controller Account Personnel _Operations & Maintenance 7371 Electric Utility 7373 Telephone Utility 7374 Water Utility 8001 Contractual Services Landscape Contract Insp. Contract 8110 Pest Control 8111 Extras 7400 Contingency 8601 Furniture & Fixtures 8610 Equipment Total Operations & Maintenance 9510 Overhead Allocation ZONE T42 -C Tract 48896-1 at Circle.1 Ranch & Via Princessa 3.03 95 $530.00 $50,350 0 0 $50,350 261 950 13,500 29,638 1,011 7 45,099 11.0% 4,990 M FAL STAFF, O&M, O/H + RESERVES 50,350 s:\pr\district\exhibitb.xls 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 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 15 (Section 22500, et seq.) of the Streets and Highways Code of the State of California. WITNESSETH: A. WHEREAS, the petitioner, Beazer Homes of Southern California, 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: All lots of Tract No. 44896-1, 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. Assessor's Parcel N (Hereinafter referred to as the "Property"); and B. WHEREAS, the owner is developing the Property as a Single Family 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 easement areas within the Project which are more particularly shown and described on Exhibit "A" attached hereto (hereinafter referred to as the "Improvement Areas"), be improved with landscaping and other related improvements (hereinafter referred to as the "Landscape Improvements") to a standard acceptable to the City, and the Developer provide a means satisfactory to the City for assuring the continued maintenance, operation and servicing of the Improvement Areas and pursuant to the "Landscaping and Lighting Act of 1972" as set forth in Part 2 of Division 15 (Sections 22500, et seq.) of the Streets and Highways Code of the State of California, the City may assess the property via an existing assessment district to provide for the continued maintenance, operation and servicing of the Improvement Areas and Landscape Improvements, and for the payment of the costs and expenses incurred for such maintenance, operation, and servicing; and D. WHEREAS, the Developer is the owner of all of the real property to be benefited by the Improvement Areas, and the maintenance, operation, and servicing thereof. NOW, THEREFORE, in furtherance of the foregoing recitals, the developer does hereby petition the City as follows: 1. In order to assure the continued maintenance, operation, and servicing of the Improvement Areas and Landscape Improvements, and the payment of the cost and expenses incurred for such maintenance, operation, and servicing, the Developer hereby requests that the City annex the Property in Santa Clarita Maintenance District No. 1 (hereinafter referred to as the "District") pursuant of the "Landscaping and Lighting Act of 1972,"as set forth in Part 2 of Division 15 (Section 22500, et seq.) of the Streets and Highways Code of the State of California in accordance with this Petition. 2. The property is currently within the boundaries of the Circle J Ranch Zone No. T42A. The current rate is $465. This rate, with a possible adjustment for cost of living, is projected to remain the same for at least the next two years. The original rate set for Zone T42A was $624 per parcel per year and may increase annual based on the CPI. The properties may be assessed an amount between $0 and $624 for Zone T42A. The Developer requests that the Property also be incorporated into a Zone T42C and annexed into the District. Zone 42C shall consist of all of the Property referenced in Paragraph A of the recitals hereinabove. The Zone 42C is intended to maintain 3.2 acres of planted and irrigated slopes and 4.5 acres of weed abated area within the 8.8 acres of non -irrigated open space areas. The annual assessment for the first two years shall be $530 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). The rate may increase after two years by $75 per parcel and may be adjusted annually by the CPI. The rate is based on the number of acres shown above. If the number of actual acres differs from the amount shown above, the rate may be adjusted up or down. The adjustment shall be made by calculating the per square foot cost of the assessment and pro -rating it over the additional square footage. 3. As the owner of all of the real property to be annexed into the District, the Developer hereby waives all statutory hearings of objections and protests by interested property owners to the proposed annexation. 4. In consideration of the approval of the annexation into the District by the City, the Developer hereby proposes as follows: a. To consent to the establishment of an annual assessment for the property being annexed into the District in an amount reasonably determined by the City to cover all costs and expenses incurred for the continued maintenance, operation, and servicing of the Landscape Improvements for Zone 42C of Santa Clarita Maintenance District No. 1. b. To construct Landscape Improvements as may be reasonably required by the City; c. To bear all costs to complete the construction or other installation of the Landscape Improvements on those portions of the Improvement Areas located in Tract No. to the reasonable satisfaction of the City; d. To cast a ballot authorizing the levy of assessments in the District to pay the costs and expenses of the continued maintenance, operation and servicing of the improvements for two years; 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. DEVELOPER/OWNER Qwner's Name: - "� " -^> iyL/i%.=�-�Lai�T/C>•v moi- ALL SIGNATURES MUST BE NOTARIZED• NED: diema\paeazer.d. ENGINEER'S REPORT CITY OF SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. T -42C FOR TRACT NO. 44896-1 FISCAL YEAR 1999/2000 SANTA CLARITA, CALIFORNIA Submitted April 13, 1999 ENGINEER'S REPORT CITY OF SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. T -42C FOR TRACT NO. 44896-1 TABLE OF CONTENTS Page I. Introduction................................................................................................ 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 2 ENGINEER'S REPORT CITY OF SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. T -42C 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 proposed additional assessment for Santa Clarita Landscape Maintenance District No. T -42C. One year ago the responsibility for Landscape Maintenance District No. T42A and B were transferred to the City's jurisdiction. The County, through the Department of Parks and Recreation, had previously administered Landscape Maintenance District No. T42A and B, which had provided for the maintenance and servicing of the landscape improvements located in medians and common areas throughout the Circle J Ranch area along Circle J Ranch Road for the past several years. While under the County's jurisdiction, the rate to maintain the landscaping was not increased to keep pace with inflation. Pursuant to the Act, the City Council is the legislative body for the District and may increase the levy of annual assessments acting as the governing body for the operations and administration of the District. In addition, the Act further allows for assessments to be increased to meet necessary expenditures. The increased costs associated with the installation, maintenance and service of the improvements may be assessed to those properties that are benefited by the installation, maintenance and service. A new area is being developed within Zone T -42A. The property currently pays $38.75 per unit per month assessments for Zone T -42A for the medians and parkway areas. The original rate established by the developer was $52 per unit per month. The developer is now being required to establish an open space area and oak preserve. This area cannot be funded within the current district. The developer is establishing a second zone for these 95 homes to fund the maintenance for this area. The 95 single-family homes will pay for zone T -42A and the proposed T -42C. The proposed initial rate for %42-C is $44.17 per unit per month. Section 22608 of the Streets and Highways Code further states that proceedings for establishing or increasing assessments will be limited to the proposed new or increased amount. This report will be limited to the amount of the new assessment. 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 April 13, 1999 City of Santa Clarita l 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 maintain the open space, maintained slopes and oak tree areas, a new zone, T42C is proposed to be established. The developer has signed a petition consenting to the formation of this zone. 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. The City may initiate proceedings for the formation of this zone by adopting a resolution. This Resolution of Intention generally describes the district and the need for additional assessments 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 additional assessment to the existing district and must include; plans and specifications of the improvements; an estimate of the additional costs of the improvements, including maintenance and servicing; a diagram, i.e., map of the assessment district showing the boundary of the District; 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 levy and collect additional assessments, describes the improvements, including maintenance and servicing, refers to the 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 a notice of the public hearing and an Assessment Ballot with which the property owner, the developer, can vote on the additional assessment. At the public hearing the City will count the Assessment Ballots returned and consider the public testimony in favor and/or opposing the additional assessment. At that time, the City Council may adopt a resolution confirming and levying the additional assessments to fund the maintenance and servicing of the improvements, or abandon the proposed additional assessment. Additional assessments, if authorized, would be placed on the 1999/2000 County Tax Roll with the current assessments 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. April 13, 1999 City of Santa Clarita 2 II. PLANS AND SPECIFICATIONS The services necessary for District No. T42C include, but are not limited to, and may be generally described as follows: Zone T -42C is intended to maintain the 3.2 acres of planted and irrigated slopes and 4.5 acres of weed abated area within the 8.8 acres of non -irrigated open space areas. The service includes operation, maintenance and servicing of 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 District No. T42C 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. ESTIMATED COSTS OF THE IMPROVEMENTS 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 a district is the total cost of installation, maintenance and servicing with adjustments either positive or negative for reserves, surpluses, deficits and/or contributions. The developer is required by the conditions of approval to maintain the areas for two years. The district will accept the areas after the second year. The property will transfer to the City or to an open space district after five years. The annual assessment for the first two years will be $530 per parcel. The rate may increase after two years by $75 per parcel. These rates may be adjusted annually by the CPI. Estimated costs of improvements for Landscape Maintenance District No. T42C, 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. April 13, 1999 City of Santa Clarita 3 ENGINEER'S REPORT CITY OF SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. T42C 1999/2000 FISCAL YEAR BUDGET ESTIMATE ASSESSMENT LOTS OR PARCELS: 95 TYPE OF LAND USE: Commercial BUDGET ITEM Total Funds Required Available Carryover Other Revenue To be Raised by Parcel Assessment Annual Per -Parcel Assessment (2,150 Parcels) April 13, 1999 City of Santa Clarita 4 TOTAL DISTRICT $ 50,350 $ 0 $ 0 $ 50,350 $ 530 W. 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 District No. T42C for Fiscal Year 1999/2000, shows the Fiscal Year 1999/2000 additional assessment upon each lot and parcel within the District, and describes each assessable lot or parcel of land within the District. 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". As previously approved, the amount of the assessments for District No. T42C can 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 BACKGROUND The Landscaping and 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 April 13, 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 that 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 structures, are landscaped medians that are owned in common by all the owners of the residential 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 District because of the nature of the improvements. The proper maintenance of landscaping and appurtenant facilities specially benefit parcels within the District 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 District. The proper maintenance of the landscaping, ornamental structures, and appurtenant facilities reduces property -related crimes (especially vandalism) against properties in the District. The landscaping located in Landscape Maintenance District No. T42 -C helps to visually join the various segments of the community, which will enhance the property within the development. Finally, the proper maintenance of landscaping and ornamental structures improves the attractiveness of the properties within the District 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 District. GENERAL BENEFIT In addition to the special benefits received by the parcels within the District, there are incidental general benefits conferred by the proposed improvements. The proper maintenance of landscaping and appurtenant facilities within the District will not only control dust from blowing onto properties within the District, but will also control dust from blowing onto properties outside of the District. The spraying and treating of landscaping within the District 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 passing by the District. All of the above-mentioned April 13, 1999 City of Santa Clarita 6 constitutes incidental general benefits conferred by the improvements. The total benefits are thus a combination of the special benefits to the parcels within the District and the general benefits to the public at large and to adjacent property owners. The portion of the total landscape maintenance costs that 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 District and is maintained solely for the benefit of the properties within the District, any benefit received by properties outside of the District is merely incidental. It is estimated that the general benefit portion of the benefit received from the improvements for the District 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 District, all the parcels in the District 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. April 13, 1999 City of Santa Clarita 7 VII. CERTIFICATIONS FINAL APPROVAL Final approval by the City Council of the City of Santa Clarita 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 April 13, 1999 City of Santa Clarita 8 "APPENDIX A" ASSESSMENT ROLL LANDSCAPE MAINTENANCE DISTRICT NO. T42 -C The assessment roll for 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 District Assessor District Parcel Number Parcel No. Assessment Assessment LMD - All lots within Tract 44896-1. $50,350 $530 T42C NED:ltk di strict/42C-BARPT. doc April 13, 1999 City of Santa Clarita 1