HomeMy WebLinkAbout1999-05-25 - AGENDA REPORTS - LMD T46 NORTHBRIDGE (2)CITY OF SANTA CLARITA
AGENDA REPORT
PUBLIC HEARING City Manager Approval /ff//z
Item to be presented by: Wayne Weber
DATE: May 25, 1999
SUBJECT: PROPOSED ASSESSMENT INCREASE FOR SANTA CLARITA
LANDSCAPE MAINTENANCE DISTRICT NO. T46 (NORTHBRIDGE)
LOCATED ALONG MCBEAN PARKWAY NORTH OF NEWHALL
RANCH ROAD
RESOLUTION NO. 99-94
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 99-94, 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 $384 per parcel per year ($32 per month) for landscape
maintenance in the Northbridge area, designated as Zone T46, is inadequate to provide for
future reserve funds and 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 a 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 City Council.
0,� Adopted: s -y 9
0� uz agenda Item l?
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 with the increased assessment will be $1,308,150 budgeted in account 7500-
7510.
ATTACHMENTS
Resolution No. 99-94
Exhibit "A" Location Map
Engineer's Report (Available in the City Clerk's reading file)
NED:ltk
pr\council\46pubh.doc
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. T46, LOCATED
NORTHEAST OF MCBEAN PARKWAY AND NEWHALL RANCH ROAD 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. T46, located northeast of McBean Parkway and Newhall Ranch Road
in the City of Santa Clarita, California.
The hearing will be held by the Santa Clarita City Council in the City Hall Council Chambers,
23920 Valencia Blvd., 1st Floor, on the 25`" day of May, 1999, at or after 6:30 p.m. Resolution
No. 99-44, which set the proceedings for this public hearing, was adopted by the City Council
of the City of Santa Clarita on March 23, 1999, and is available for review in the City Clerk's
office.
Proponents, opponents, and any interested persons may appear and be heard on this matter
at that time. Further information may be obtained by contacting the City Clerk's Office, Santa
Clarita City Hall, 23920 Valencia Blvd., Suite #301, Santa Clarita, CA.
If you wish to challenge this action in court, you may be limited to raising only those issues you
or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City Council, at, or prior to, the public hearing.
Dated: April 27, 1999
Sharon L. Dawson, CMC
City Clerk
Publish Date: May 3, 1999
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EXHIBIT "B"
ZONE T46 - Northbridge
(5
S/a5�9Co�
Final Ballot results will riot be available until the Public Hearing
Number of "YES" Ballots
Number of "NO" Ballots
Total Ballots Received
Percentage of
Ballotsrreceived
) TO
51 % or greater of the ballots received determines whether ballot passes.
If the majority response is "YES," Resolution 99-94 is to be adopted.
If the majority response is "NO," no action is taken.
Total Ballots mailed:
Total responses received:
Percent of response:
districAballot.xls
2295
138$
7 -7o -c0
(For information only)
EXHIBIT A CG '`-
Northbridge
Landscape Maintenance District T46 ,
ENGINEER'S REPORT
CITY OF SANTA CI ARITA
LANDSCAPE MAINTENANCE DISTRICT NO. T46
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. T46
TABLE OF CONTENTS
Page
I. Introduction......................................................................................................1
II. Plans and Specifications..................................................................................3
III. Estimated Costs of the Improvements............................................................3
IV. Assessment Diagram......................................................................................5
V. Assessment......................................................................................................5
VI. Method of Assessment.....................................................................................5
Appendices
A Assessment Roll
B Assessment Diagram
2
ENGINEER'S REPORT
CITY OF SANTA CLARITA
LANDSCAPE MAINTENANCE DISTRICT NO. T46
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. T46.
A couple of years ago the responsibility for Landscape Maintenance District No. T46 was
transferred to the City's jurisdiction. The County, through the Department of Parks and
Recreation, had previously administered Landscape Maintenance District No. T46 which
had provided for the maintenance and servicing of the landscape improvements located in
medians and common areas throughout the Northbridge area northeast of McBean
Parkway and Newhall Ranch Road 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.
May 25, 1999 City of Santa Clarita 1
In order to continue to preserve the investment in the landscape improvements in medians
and common areas within District T46, 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
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. T46 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. T46 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. T46, 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 3
ENGINEER'S REPORT
CITY OF SANTA CLARITA
LANDSCAPE MAINTENANCE DISTRICT NO. T46
1999/2000 FISCAL YEAR BUDGET ESTIMATE
ASSESSMENT LOTS OR PARCELS:
TYPE OF LAND USE: Commercial
BUDGET ITEM
Total Additional Funds Required
Available Carryover
Other Revenue
2,150
Additional to be Raised by Parcel Assessment
Annual Additional Per -Parcel Assessment (2,150 Parcels)
May 25, 1999 City of Santa Clarita 4
TOTAL
DISTRICT
$ 399,900
$ 0
$ 0
$ 399,900
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. T46 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. T46 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
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. T46 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.
May 25, 1999 City of Santa Clarita 6
The proper maintenance of landscaping and appurtenant facilities within the District will
not only control dust from blowing onto properties within the District, but will also control
dust from blowing onto properties outside of the District. The spraying and treating of
landscaping within the District for disease reduces the likelihood of insect infestation and
other diseases spreading to landscaping located throughout other properties within the
City. Finally, the proper maintenance of landscaping and ornamental structures provides
a positive visual experience to persons passing by the District. All of the above-mentioned
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 8
"APPENDIX A"
ASSESSMENT ROLL
LANDSCAPE MAINTENANCE DISTRICT NO. T46
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
FY 99/2000
Additional
FY 99/2000
District Assessor District Parcel
Number Parcel No. Assessment Assessment
LMD -T46 2810-020-080 through 134, $399,900 $186
137 through 153,
156
2810-021-190 through 193
196 through 212,
219 through 238
240 through 243
2810-022-029 through 081,
085 through 088,
095, 097, 099
2810-023-025 through 066
2810-024-032 through 039,
042 through 047,
049 through 057,
062 through 065
069 through 071
2810-025-031 through 044,
049 through 052,
057, 058,
065 through 082
2810-026-032 through 068
2810-027-043 through 054,
057 through 060,
064,065
2810-028-027 through 030,
033, 034,
037 through 056,
059,060
May 25, 1999 City of Santa Clarita
2810-029-042 through 065,
073 through 091,
098, 100, 102,
104, 106, 108, 110
2810-030-046 through 079,
082 through 096,
098, 100, 102, 104,
106, 108, 110
2810-031-030 through 039,
046 through 084
2810-033-001 through 046,
049,050
053 through 064,
069,070
2811-001-084
2811-024-019 through 021,
024 through 032,
035 through 055,
061, 063, 064
2811-028-001 through 036
2811-030-001 through 055
2811-031-001 through 070
2811-032-001 through 054
2811-033-001 through 020
2811-034-001 through 039
2811-035-001 through 021,
025 through 055
2811-036-001 through 030,
032
035 through 062,
065, 066,
069 through 097,
100, 101, 102
2811-037-001 through 060
2811-038-001 through 011,
013 through 020
2811-039-001 through 035
2811-040-001 through 028
2811-041-001 through 023
2811-042-001 through 021,
024 through 040,
042 through 058,
072, 073, 074
2811-043-001 through 032,
040,041
2811-044-001 through 015,
020, 021,
024 through 071,
May 25, 1999 City of Santa Clarita 10
076 through 081
2811-045-001 through 041,
046 through 059
2811-046-001 through 046
2811-047-001 through 058
2811-048-001 through 039
2811-049 001 through 020,
023 through 026,
029 through 046,
053 through 055,
057
2811-050-001 through 062,
068 through 071
2811-051-001 through 015
2811-052-001 through 021,
026 through 034,
037 through 049,
054, 055, 060, 061
2811-053-001 through 033,
035, 042, 048
053 through 062,
064 through 070
2811-054-012,
015 through 031,
033 through 050,
051 through 066
2811-055-006,
007 through 048
2811-056-003, 005
006 through 048
2811-057-006,
007 through 078,
082 through 108
2811-058-003,
006 through 066,
067,070
Multi -Units
Multi -Units
Multi -Units
Multi -Units
Multi -Units
Multi -Units
May 25, 1999 City of Santa Clarita 11