HomeMy WebLinkAbout1999-04-27 - AGENDA REPORTS - LMD T1 LYONS AVE (2)CITY OF SANTA CLARITA
AGENDA REPORT
PUBLIC HEARING City Manager
Item to be preset
DATE: April 27, 1999
SUBJECT: PUBLIC HEARING FOR THE ANNEXATION OF TERRITORY INTO
SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. T1
FOR LYONS AVENUE MEDIANS
RESOLUTION NO. 99-65
DEPARTMENT: Parks, Recreation, and Community Services
RECOMMENDED ACTION
City Council conduct the public hearing and receive assessment ballot results. If ballots have
a majority of "yes" votes, adopt Resolution No. 99-65, approve the Engineer's Report, order
the annexation of territory into Landscape Maintenance District No. 1, and order the levy
and collection of assessments. If ballots have a majority of "no votes, no action is required.
As part of an effort to beautify the City and enhance business interests, the City is proposing
to install medians along Lyons Avenue from Interstate 5 east to Orchard Village Road. Along
with this proposal, the medians would be annexed into a Valencia areawide landscape
maintenance district (LMD). The proposed landscaping would be similar to the medians
located on Valencia Boulevard in front of the Valencia Town Center. Once completed, the
newly landscaped medians will help visually enhance the Lyons Avenue business corridor.
The installation of improvements (estimated at $340,000) will be at no cost to the local
business owners. However, the landscaping cannot be installed without providing funds
for ongoing maintenance. A Valencia areawide landscape maintenance district currently
exists on the north side of Lyons Avenue between Interstate 5 and Orchard Village Road.
All of the median maintenance north of Lyons Avenue is funded and maintained through
this funding district.
Following the February 27, 1999 Council Meeting initiating this annexation, assessment
ballots were mailed to all property owners within the proposed annexation. At this public
hearing all ballots received will be tabulated and the results announced. If the majority of
the owners vote "yes" and elect to participate, the cost would be the same as the amount
the parcels on the north side are assessed, which is $4.03 a month per parcel ($48.35
annually). If the majority of the owners vote "no" and elect to not participate, the
maintenance cannot be performed, and the proposed landscaping will not be installed.
Adopted: 4
Agenda.-Ij—
ALTERNATIVE ACTIONS
1. Do not annex territory.
2. Other direction as determined by City Council.
FISCAL IMPACT
This zone will provide funding for the maintenance of median landscaping along Lyons
Avenue. The estimated revenues and expenditures collected from the annexation for annual
maintenance will be $3,619.
ATTACHMENTS
Resolution No. 99-65
Exhibit "A" Location Map
Exhibit `B" Ballot Results
Engineer's Report (Available in the City Clerk's reading file)
NED:ltk
pr\counci1\agreptd\1999\lyonpubh.doc
FA
IrteL,
EXHIBIT "A"
1.1..UL
1/15/99 10.40 AM
EXHIBIT "B" - BALLOT RESULTS
ZONE T1 - Lyons Avenue
Final Ballot results will not be available until the Public Hearing
Percentage of
Ballots received Resolution
Number of "YES" Ballots ES727Cpl
Number of "NO" Ballots: I yS T701
Total Ballots Received � 1 too a
51 % or greater of the ballots received determines whether ballot passes.
If the majority response is "YES," Resolution 99-65 is to be adopted.
If the majority response is "NO," no action is required,
the assessment does not pass.
Total Ballots mailed: `� S
Total responses received:
Percent of response: F -7 3—P771
(For information only)
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AH
ENGINEER'S REPORT
CITY OF SANTA CLARITA
LYONS AVENUE ANNEXATION NO. Tl -A INTO
LANDSCAPE MAINTENANCE DISTRICT NO. Tl
AREA WIDE MEDIAN LANDSCAPING
FISCAL YEAR 1999/2000
SANTA CLARITA, CALIFORNIA
SUBMITTED March 9, 1999
ENGINEER'S REPORT
CITY OF SANTA CLARITA
LYONS AVENUE ANNEXATION NO. T1 -A INTO
LANDSCAPE MAINTENANCE DISTRICT NO. T1
AREA WIDE MEDIAN LANDSCAPING
TABLE OF CONTENTS
Page
IIntroduction........................................................................................... 1
II. Plans and Specifications 3
III. Estimated Costs of the Improvements ................................................ 4
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
LYONS AVENUE ANNEXATION NO. T1 -A INTO
LANDSCAPE MAINTENANCE DISTRICT NO. T1
AREA WIDE MEDIAN LANDSCAPING
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 T1 -A, Lyons Avenue Medians, into the existing
Santa Clarita Landscape Maintenance District No. Tl, Area Wide Medians.
Last year the responsibility for Landscape Maintenance District No. T1 was transferred to
the City's jurisdiction. The County, through the Department of Parks and Recreation, had
previously administered Landscape Maintenance District No. TI which had provided for
the maintenance and servicing of the landscape improvements located in medians
throughout the Valencia area for the past several years. 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 along Lyons Avenue 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.
March 9, 1999 City of Santa Clarita
In order to preserve the investment in the landscape improvements in medians to be
located along Lyons Avenue, the Lyons Avenue Annexation T1 -A to Landscape
Maintenance District No. T1 was proposed. 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 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 the
additional maintenance, servicing and operation of the proposed median landscaping in
Lyons Avenue to 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 a notice of the public hearing and
an Assessment Ballot with which the property owners can vote on the annexation and
assessment.
At the public hearing 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 9, 1999 City of Santa Clarita 2
II. PLANS AND SPECIFICATIONS
The proposed improvements for Annexation No. Tl -A into Landscape Maintenance District
No. Tl 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. Tl -A 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 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 Tl, including
Annexation No. Tl -A, 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 9, 1999 City of Santa Clarita 3
ENGINEER'S REPORT
CITY OF SANTA CLARITA
LYONS AVENUE ANNEXATION Tl -A INTO
LANDSCAPE MAINTENANCE DISTRICT NO. Tl
AREA WIDE MEDIAN LANDSCAPING
1999/2000 FISCAL YEAR BUDGET ESTIMATE
ASSESSMENT LOTS OR PARCELS: 75
TYPE OF LAND USE: Commercial
BUDGET ITEM
TOTAL
DISTRICT
Total Funds Required
$ 3,618.75
Available Carryover
$ 0.00
Other Revenue
$ 0.00
To be Raised by Parcel Assessment
$ 3,618.75
Annual Per -Parcel Assessment (75 Parcels) $ 48.25
March 9, 1999 City of Santa Clarita 4
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. TI -A 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. T1 -A 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
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
March 9, 1999 City of Santa Ciarita 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
medians which 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 median landscaping located in Landscape Maintenance District No. T1
and the proposed Annexation No. TI -A helps to visually join the various segments of the
community, which will enhance the property along Lyons Avenue. 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 9, 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 commercial 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.
March 9, /999 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
March 9, 1999 City of Santa Clarita 8
"APPENDIX A'
ASSESSMENT ROLL
LYONS AVENUE ANNEXATION NO. Tl -A INTO
LANDSCAPE MAINTENANCE DISTRICT NO. Tl
AREA WIDE MEDIAN LANDSCAPING
The assessment roll for the annexation to th
incorporated and made a part of this report.
where they are available for public inspection.
B Landscape Maintenance District is hereby
The Assessment Rolls are on file at the City
Reference is made to the Los Angeles County Assessment Roll for a description of the lots
or parcels in each of the Assessment Districts.
Annexation
Assessor
FY 99/2000
District
FY 99/2000
Number
Parcel No.
Assessment
Parcel
Assessment
Lyons Avenue
2825015007
$3,618.75
$48.25per parcel
Tl -A
2825015008
2825015013
2825015015
2825015048
2825016131
2825016132
2825016133
2829001062
2829001064
2829001085
2829001086
2829001087
2829001088
2829001089
2829001090
2829002035
2829002036
2829003004
2829003005
2829003006
2829003039
2829005047
2829005048
March 9, 1999 City of Santa Clarita
FY 99/2000 FY 99/2000
Annexation Assessor District Parcel
Number Parcel No. Assessment Assessment
2829005049
2829005050
2829005051
2829005052
2829005079
2829005080
2829005092
2829005105
2829005110
2829005122
2829005904
2829005905
2829007048
2830001015
2830001026
2830001027
2830001029
2830001034
2830001035
2830001036
2830001037
2830001038
2830001039
2830001041
2830001042
2830001043
2830001050
2830001051
2830001208
2830001209
2830003054
2830003058
2830003048
2830003055
2830003036
2830006030
2830006037
2830006039
2830006040
2830033012
2830033014
March 9, 1999 City of Santa Clarita 10
FY 99/2000 FY 99/2000
Annexation Assessor District Parcel
Number Parcel No. Assessment Assessment
2830033015
2830033016
2830033017
2830033020
2830033021
2830033086
2830033087
2830033088
2830033089
2830033095
March 9, 1999 City of Santa Clarita 11