HomeMy WebLinkAbout1999-05-25 - AGENDA REPORTS - LMD T23 MOUNTAINVIEW (2)CITY OF SANTA CLARITA
AGENDA REPORT
PUBLIC HEARING City Manager Approval
117
Item to be presented by: Wayne Weber
DATE: May 25, 1999
SUBJECT: PROPOSED ASSESSMENT INCREASE FOR SANTA CLARITA
LANDSCAPE MAINTENANCE DISTRICT NO. T23 (MOUNTAINVIEW)
LOCATED ALONG SECO CANYON ROAD NORTH OF COPPERHILL
DRIVE
RESOLUTION NO. 99-93
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. 99-93, 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.
BACKGROUND
Currently, the assessment rate of $274.80 per parcel per year ($22.92 per month) for
landscape maintenance in the Seco Canyon area, designated Zone T23, is inadequate to fully
maintain the common area landscaping installed by the developer twelve years ago. Prior to
the City accepting this area from the County, the maintenance contract was entered into at a
substantially lower amount than what was required for full maintenance. Since that time,
the City has assumed administrative responsibility for the district and has evaluated the
landscaping, the current contract, and the budget for inadequacies.
On March 23, 1999, the City Council approved the preliminary Engineer's Report for the
proposed increase in the assessments. Following this session, City staff mailed out notices
and assessment ballots for the proposed increase and to give notice of the public hearing to all
property owners in accordance with Proposition 218.
At the public hearing, all assessment ballots received by the close of the public portion of the
public hearing will be tabulated. If there is 50% or greater of the ballots received in favor of
the increase, the Council can approve the increase. If the increase receives a majority protest
of "no" votes, there is no action necessary from the Council.
Continued 1o:_1 -q
Iteniv
ALTERNATIVE ACTION
Do not approve the proposed increase.
Other direction as determined by City Council.
FISCAL IMPACT
This increase will provide additional funding for the full maintenance of common area
landscaping in the development. The estimated revenues and expenditures for annual
maintenance will be $950,000 budgeted for 7500-7509.
ATTACHMENTS
Resolution No. 99-93
Exhibit "A" Location Map
Engineer's Report (Available in the City Clerk's reading file)
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CITY OF SANTA CLARITA
NOTICE OF PUBLIC HEARING TO CONSIDER THE LEVY AND
COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 1999/2000,
IN SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. T23, LOCATED
AT SECO CANYON ROAD, NORTH OF COPPERHILL DRIVE IN THE
CITY OF SANTA CLARITA, CALIFORNIA
PUBLIC NOTICE IS HEREBY GIVEN:
A Public Hearing will be held before the City Council of the City of Santa Clarita to consider
the levy and collection of assessments for Fiscal Year 1999/2000, in Santa Clarita Landscape
Maintenance District No. T23, located at Seco Canyon Road, north of Copperhill Drive in the
City of Santa Clarita, California.
The hearing will be held by the Santa Clarita City Council in the City Hall Council Chambers,
23920 Valencia Blvd., 1st Floor, on the 2V day of May, 1999, at or after 6:30 p.m. Resolution
No. 99-43, which set the proceedings for this public hearing, was adopted by the City Council
of the City of Santa Clarita on March 23, 1999, and is available for review in the City Clerk's
office.
Proponents, opponents, and any interested persons may appear and be heard on this matter
at that time. Further information may be obtained by contacting the City Clerk's Office, Santa
Clarita City Hall, 23920 Valencia Blvd., Suite #301, Santa Clarita, CA.
If you wish to challenge this action in court, you may be limited to raising only those issues you
or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City Council, at, or prior to, the public hearing.
Dated: April 27, 1999
Sharon L. Dawson, CMC
City Clerk
Publish Date: May 3, 1999
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NOTICE OF CONTINUED PUBLIC HEARING
CITY OF SANTA CLARITA
CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Santa Clarita, at its
regular meeting held May 25, 1999, continued a public hearing on
18. PROPOSED ASSESSMENT INCREASE FOR SANTA CLARITA LANDSCAPE MAINTENANCE
DISTRICT NO. T23 (MOUNTAINVIEW), LOCATED ALONG SECO CANYON ROAD NORTH
OF COPPERHILL DRIVE — RESOLUTION NO. 99-93 — Proposed increase of $16.66 per parcel per
month ($199.92 annually) for the current assessment rate for Santa Clarita Landscape Maintenance
District No. T23. The total proposed annual assessment is $474.72 per residential unit.
to July 13, 1999. The continued public hearing will be held at or after 6:30 p.m. in the
Council Chamber at 23920 Valencia Blvd., Santa Clarita, California.
Dated this 26th day of May, 1999.
jLa'� _ 6�( Wi�
SHARON L. DAWSON, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF SANTA CLARITA )
SHARON L. DAWSON, being first duly sworn, deposes and says that she is the
duly appointed and qualified City Clerk of the City of Santa Clarita and that on May 26,
1999, she caused the above notice to be posted at the door of the Council Chamber located at
23920 Valencia Blvd., Santa Clarita, California.
SHARON L. DAWSON, CITY CLERK
Santa Clarita, California
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ENGINEER'S REPORT
CITY OF SANTA CI ARITA
LANDSCAPE MAINTENANCE DISTRICT NO. T23
FISCAL YEAR 1999/2000
SANTA CLARITA, CALIFORNIA
Submitted March 23, 1999
Approved May 25, 1999
ENGINEER'S REPORT
CITY OF SANTA CLARITA
LANDSCAPE MAINTENANCE DISTRICT NO. T23
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
ENGINEER'S REPORT
CITY OF SANTA CLARITA
LANDSCAPE MAINTENANCE DISTRICT NO. T23
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. T23.
A couple of years ago, the responsibility for Landscape Maintenance District No. T23 was
transferred to the City's jurisdiction. The County, through the Department of Parks and
Recreation, had previously administered Landscape Maintenance District No. T23 which
had provided for the maintenance and servicing of the landscape improvements located in
medians and common areas throughout the Seco Canyon area north of Copperhill Drive for
the past several years. While under the County 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, which are benefited by
the installation, maintenance and service.
Section 22608 of the Streets and Highways Code further states that proceedings for
increasing assessments will be limited to the proposed increased amount. This report will
be limited to the amount of the increase.
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.
In order to continue to preserve the investment in the landscape improvements in medians
and common areas within District T23, an increase in the annual assessment is proposed.
Each property owner who owns parcels subject to the additional assessment will be sent an
assessment ballot requesting their approval for the additional assessment. Subsequent
May 25, 1999 City of Santa Clarita 1
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 additional assessment for continued maintenance
and servicing of landscaping improvements by passing 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 owners 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.
May 25, 1999 City of Santa Clarita 2
II. PLANS AND SPECIFICATIONS
The services necessary for District No. T23 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 District No. T23 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.
Estimated costs of improvements for Landscape Maintenance District No. T23, 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.
May 25, 1999 City of Santa Clarita
ENGINEER'S REPORT
CITY OF SANTA CLARITA
LANDSCAPE MAINTENANCE DISTRICT NO. T23
1999/2000 FISCAL YEAR BUDGET ESTIMATE
ASSESSMENT LOTS OR PARCELS: 1,517
TYPE OF LAND USE: Commercial
BUDGET ITEM
Total Additional Funds Required
Available Carryover
Other Revenue
Additional to be Raised by Parcel Assessment
Annual Additional Per -Parcel Assessment (1,517 Parcels)
May 25, 1999 City of Santa Clarita 4
TOTAL
DISTRICT
$ 303,278.64
$ 0.00
$ 0.00
$ 303,278.64
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 District No. T23 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. T23 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.
May 25, 1999 City of Santa Clarita 5
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
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 structures are landscaped medians
which 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. T23 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
May 25, 1999 City of Santa Clarzta 6
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
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 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 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.
May 25, 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
May 25, 1999 City of Santa Clarita
"APPENDIX A"
ASSESSMENT ROLL
LANDSCAPE MAINTENANCE DISTRICT NO. T23
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.
Additional Additional
FY 99/2000 FY 99/2000
District Assessor District Parcel
Number Parcel No. Assessment Assessment
Seco Canyon 3244-070-003 $303,278.64 $199.92 parcel
T23 3244-071-001 through 064
3244-072-001 through 028
3244-073-001 through 022
3244-073-025 through 071, 073, 074
3244-074-001 through 037
3244-084-001 through 032
3244-084-035 through 048
3244-084-052 through 067
3244-084-071, 072, 074, 076, 078
3244-085-001 through 045
3244-086-001 through 053, 056
3244-087-002 through 036
3244-088-001 through 036
3244-088-039 through 055, 057, 058
3244-089-001 through 095
3244-090-001 through 023
3244-090-028 through 041
3244-090-047 through 063, 067, 073
3244-090-077 through 083
3244-091-001,003
3244-091-005 through 012
3244-091-014, 019 through 022
3244-091-025, 026, 029, 033, 035, 037
3244-091-039, 041, 043, 045
3244-092-001 through 032
3244-093-001 through 024
May 25, 1999 City of Santa Clarita
"APPENDIX A"
ASSESSMENT ROLL
LANDSCAPE MAINTENANCE DISTRICT NO. T23
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.
3244-071-001 through 064
3244-072-001 through 028
3244-073-001 through 022
3244-073-025 through 071, 073, 074
3244-074-001 through 037
3244-084-001 through 032
3244-084-035 through 048
3244-084-052 through 067
3244-084-071, 072, 074, 076, 078
3244-085-001 through 045
3244-086-001 through 053, 056
3244-087-002 through 036
3244-088-001 through 036
3244-088-039 through 055, 057, 058
3244-089-001 through 095
3244-090-001 through 023
3244-090-028 through 041
3244-090-047 through 063, 067, 073
3244-090-077 through 083
3244-091-001,003
3244-091-005 through 012
3244-091-014, 019 through 022
3244-091-025, 026, 029, 033, 035, 037
3244-091-039, 041, 043, 045
3244-092-001 through 032
3244-093-001 through 024
May 25, 1999 City of Sanaa Clarita
Additional
Additional
FY 99/2000
FY 99/2000
District Assessor
District
Parcel
Number Parcel No.
Assessment
Assessment
Seco Canyon 3244-070-003
$303,278.64
$199.92 parcel
T23
3244-071-001 through 064
3244-072-001 through 028
3244-073-001 through 022
3244-073-025 through 071, 073, 074
3244-074-001 through 037
3244-084-001 through 032
3244-084-035 through 048
3244-084-052 through 067
3244-084-071, 072, 074, 076, 078
3244-085-001 through 045
3244-086-001 through 053, 056
3244-087-002 through 036
3244-088-001 through 036
3244-088-039 through 055, 057, 058
3244-089-001 through 095
3244-090-001 through 023
3244-090-028 through 041
3244-090-047 through 063, 067, 073
3244-090-077 through 083
3244-091-001,003
3244-091-005 through 012
3244-091-014, 019 through 022
3244-091-025, 026, 029, 033, 035, 037
3244-091-039, 041, 043, 045
3244-092-001 through 032
3244-093-001 through 024
May 25, 1999 City of Sanaa Clarita
Additional
Additional
FY 99/2000
FY 99/2000
District Assessor District
Parcel
Number Parcel No. Assessment
Assessment
3244-094-001 through 059
3244-095-001 through 070
3244-096-001 through 045
3244-097-001 through 072
3244-098-001 through 020
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May 25, 1999 City of Santa Clarita 10
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"APPENDIX B" I
ASSESSMENT
�• • . ' "'�. • -,�/ �.::., ,�';'•' DIAGRAM
' OUNTAIIrNVIEW LAN
OSCAPEr. MITAINTENANCE
�M0011111IM DISTRICT NO. 23
AREA 'TO BE .MAINTAINED
THE PRIVATE PARK ONLY.
OTHER AREAS TO BE DESIGNATED '
AT A LATER DATE