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HomeMy WebLinkAbout1999-03-09 - AGENDA REPORTS - LMD T1 MAGIC MTN PKWY (2)CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approva Item to be presented by: Wa e Weber DATE: March 9, 1999 SUBJECT: ANNEXATION OF TERRITORY INTO SANTA CLARITA LANDSCAPE DISTRICT NO. Tl, TRACT 52206 (AVIGNON), LOCATED ON MAGIC MOUNTAIN PARKWAY AND MCBEAN PARKWAY RESOLUTION NO. 99-31 DEPARTMENT: Parks, Recreation, and Community Services RECOMMENDED ACTION City Council adopt Resolution No. 99-31 to initiate annexation proceedings, approve the Engineer's Report, and set the public hearing for April 27, 1999. BACKGROUND As a condition of the approval of Tract No. 52206, landscape improvements are required. The developer, Newhall Land and Farming, has agreed to install or provide funds for all the necessary median and other necessary on-site landscape improvements. Additionally, Newhall Land and Farming has signed a petition requesting the annexation of this landscaped area into Santa Clarita Landscape Maintenance District No. Tl. This zone will provide for the continued maintenance of these improvements after they are constructed and accepted by the City. By signing the petition, the Developer has agreed to the assessment in support 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 99-31 annexes Tract 52206 into Landscape Maintenance District No. TI as Zone T1B. The total proposed annual assessment is $142.35 per unit for each of 76 units. The formation of this district is in compliance with Proposition 218. ALTERNATIVE ACTION 1. Do not annex territory. 2 Other direction as determined by City Council. FISCAL IMPACT This zone will provide funding for the maintenance of street trees, medians, and parkways. The estimated revenues and expenditures for annual maintenance will be $10,818. A r-% 101 -7 RMED ATTACHMENTS Resolution No. 99-31 Exhibit "A" Location Map Petition Ballot Engineer's Report (Available in the City Clerk's reading file) NED:ltk Pr/council/agnrepts/1999/avignon.doc SANTA CLARITA Landscape Maintenance District Annexation into Areawide District No. T1 A.P.N.: TRACT NO. 52206 No. Of Units: 76 Avignon OWNER OF RECORD: Newhall Land and Farm The property is currently located within the boundaries of Areawide District No. 1 t > YES: I approve of the proposed landscape maintenance district assessment rate of $47.45 times a factor of 3, on the parcel(s) identified on this ballot. The $47.45 assessment is to be calculated at a rate of 3 times per unit. The total annual assessment per unit is $142.35. The total assessment for the whole project is $25,053. The assessment may be adjusted annually by the cost of living based on a factor calculated by using the County of Los Angeles Consumer Price Index (CPI). ( ) NO: I do not approve of the proposed landscape assessment of $142.35 on the parcel(s) 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. /9 // 9 Z Date JJ0 FF}22�t�c�,,N,�,`L.9�D �F19/L`Yt�n16 �_ 011/��9A-.�y Name Printed a3 �a3y /-�G A rn Addr ss 7AL6 .J CI A. Grp Q �35s City, State, Zip ALL SIGNATURES TO BE NOTARIZED: district \ baiIT21.doc EXHIBIT "A" LOCATION MAP n� rrr.T ;111 = Avignon Condominium Project - Tract 52206 la 2/9/99 10:10 AM 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. A. WHEREAS, the petitioner, NEWHALL LAND AND FARMING COMPANY, 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: All of Lots of Tract No. 52206, in the City of Santa Clarita, County of Los Angeles, State of California, as shown on map filed in Book / A'2 3 , Pages 7 to g L inclusive of maps, records of said County, also known as Assessor's Parcel Number 2802-038-136 and 137 (Hereinafter referred to as the "Property"); and B. WHEREAS, the owner is developing the Property as a condominium 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 ADistrict=) pursuant of the ALandscaping 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 Areawide Landscape District Zone No. T1 and Developer requests that the Property to be incorporated and annexed into the District consist of all of the Property referenced in Paragraph A of the recitals hereinabove and shall become annexed into Zone Tl, Valencia Areawide District No. Tl. The annual assessment shall be $47.85 per parcel times a factor of three 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). 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 TI 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. 52206 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; and e. Pay assessments levied for the first fiscal year (1997-98) upon the landscape assessment district in which the property is located prior to the submittal to the City Council of any associated final subdivision map. 5. The Developer hereby requests that the annexation of the Property into the District set forth hereinabove satisfy the City's landscape condition o 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. Owner's l(ami A.) C, �q �_ Newhall band +arming Company MED: din n\ynieloe_nd Id - ENGINEER'S REPORT CITY OF SANTA CLARITA ANNEXATION NO. T1 -B INTO LANDSCAPE MAINTENANCE DISTRICT NO. Tl AREA WIDE MEDIAN LANDSCAPING Tract No. 52206 FISCAL YEAR 1999/2000 SANTA CLARITA, CALIFORNIA SUBMITTED March 9, 1999 ENGINEER'S REPORT CITY OF SANTA CLARITA ANNEXATION NO. T1-13 INTO LANDSCAPE MAINTENANCE DISTRICT NO. T1 AREA WIDE MEDIAN LANDSCAPING Tract No. 52206 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. T1 -B INTO LANDSCAPE MAINTENANCE DISTRICT NO. T1 AREA WIDE MEDIAN LANDSCAPING Tract No. 52206 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 -B, Tract No. 52206, 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. T1 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 Magic Mountain Parkway 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 9, 1999 City of Santa Clarita 1 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 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. TI -B 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 -B 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 No.Tl, including Annexation No. Tl -B, 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 ANNEXATION T1 -B INTO LANDSCAPE MAINTENANCE DISTRICT NO. T1 AREA WIDE MEDIAN LANDSCAPING 1999/2000 FISCAL YEAR BUDGET ESTIMATE ASSESSMENT LOTS OR PARCELS: 6 TOTAL NUMBER OF UNITS: 76 TYPE OF LAND USE: Residential Annual Per -Unit Assessment (76) $ 142.35 March 9, 1999 City of Santa Clarita 4 TOTAL BUDGET ITEM DISTRICT Total Funds Required $25,053.00 Available Carryover $ 0.00 Other Revenue $ 0.00 To be Raised by Parcel Assessment $25,053.00 Annual Per -Unit Assessment (76) $ 142.35 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 -B 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 -B 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 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 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 -B 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 g 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 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 are six (6) parcels that consist of a total of units. The assessment rate will be the per unit rate multiplied by the number of units and divided by the number of parcels. Example: ((76 units) X ($142.35)) / 6 parcels March 9, 1999 City of Santa Clarita 7 1� VII. CERTIFICATIONS 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. Submitted by: Richard L. Kopecky, RCE 16742 Assessment Engineer March 9, 1999 City of Santa Clarita 8 Richard L. Kopecky, RCE 16742 Engineer of Work "APPENDIX A" ASSESSMENT ROLL ANNEXATION NO. TI -B INTO LANDSCAPE MAINTENANCE DISTRICT NO. T1 AREA WIDE MEDIAN LANDSCAPING 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 Tract No. 52206 2861055014 $25,053 $142.35 per unit T1-13 2861055015 2861055018 through 073 March 9, 1999 City of Santa Clarita 9 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 ,r - 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 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 Tl -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. Tl was transferred to the City's jurisdiction. The County, through the Department of Parks and Recreation, had previously administered Landscape Maintenance District No. Tl 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 "Bn 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 C/arita r• In order to preserve the investment in the landscape improvements in medians to be located along Lyons Avenue, the Lyons Avenue Annexation Tl -A to Landscape Maintenance District No. Tl 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 T1 -A INTO LANDSCAPE MAINTENANCE DISTRICT NO. T1 AREA WIDE MEDIAN LANDSCAPING 1999/2000 FISCAL YEAR BUDGET ESTIMATE ASSESSMENT LOTS OR PARCELS: 75 TYPE OF LAND USE: Commercial TOTAL BUDGET ITEM 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. Tl -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. Tl -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 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 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. Tl and the proposed Annexation No. Tl -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 Carita 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, 1999 City of Santa Clarita VII. CERTIFICATIONS PRELIMINARY APPROVAL Preliminary 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 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 March 9, 1999 City of Santa Clarita 8 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, , as City Clerk, do hereby certify that the foregoing assessments, together with the boundary maps attached thereto, were approved and confirmed by the City Council of the City of Santa Clarita on the _ day of , 1999. Sharon L. Dawson, City Clerk City of Santa Clarita 1, , City Engineer of the City of Santa Clarita do hereby certify that the foregoing assessments, together with the boundary maps attached thereto, were ^ recorded in my office on the day of 1998. Anthony J. Nisich, City Engineer City of Santa Clarita State of California 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 9 "APPENDIX A' ASSESSMENT ROLL LYONS AVENUE ANNEXATION NO. T1 -A INTO LANDSCAPE MAINTENANCE DISTRICT NO. T1 AREA WIDE MEDIAN LANDSCAPING 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. Annexation Number Assessor Parcel No. FY 99/2000 District Assessment FY 99/2000 Parcel Assessment Lyons Avenue 2825015007 $3,618.75 $48.25per parcel T1 -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 10 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 11 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, ]999 City of Santa Clarita 12