Loading...
HomeMy WebLinkAbout1999-10-26 - AGENDA REPORTS - LMD TM 51931-01 AND 51931-02 (2)CITY OF SANTA CI ARITA AGENDA REPORT CONSENT CALENDAR DATE: October 26, 1999 City Manager Item to be presented by: Wayne Weber SUBJECT: ANNEXATION OF TRACT MAPS 51931-01 AND 51931-02, LOCATED ALONG NEWHALL RANCH ROAD, INTO VALENCIA AREAWIDE LANDSCAPE MAINTENANCE DISTRICT Tl DEPARTMENT: Parks, Recreation, and Community Services RECOMMENDED ACTION City Council adopt the resolution to initiate annexation proceedings, approve the Engineer's Report and set the public hearing for January 11, 2000. BACKGROUND As a condition of the approval Parcel Tracts Maps 51931-01 and 51931-02, median landscape improvements are required. The developer is required to install the landscaping and provide funds for long-term maintenance of the required median and parkway landscape improvements. The developer has signed a petition requesting the annexation of this landscape maintenance area into Santa Clarita Landscape Maintenance District No. Tl. The landscape district 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 waived the noticing and right to majority protest at the public hearing, and has submitted an assessment ballot in favor of the annexation. It is estimated that the improvement will be accepted after January 1, 2000. Tract Maps 51931-01 and 51931-02 are proposed to be annexed in Valencia Areawide Landscape Maintenance District No. Tl as Zone T1B. The annual assessment for the project is $48.25 per parcel per year for each of the 83 lots. This annexation is in compliance with Proposition 218. ALTERNATIVE ACTION Do not annex territory. Other direction as determined by Council. FISCAL IMPACT This landscape district will provide funding for the maintenance of the proposed median and Parkway landscaping. This provides overall beautification for the City and long-term funding for maintenance. The estimated revenue and expenditure collected for the maintenance is an additional $4,004.75 for Areawide Landscape Maintenance District Tl. ATTACHMENTS Proposed Resolution Exhibit "A" Location Map Exhibit `B" Petition Engineer's Report (Available in the City Clerk's reading file) NED:Itk Pr/co=cil/agx epta/1999/51930.doc Tract 51931 -01 & 02 Parcel Map 24516) Annexation into Valencia Areawide Landscape District T-1 EXHIBIT "A" uj W W w r e shbv � /J EXHIBIT B Tract 51931-01 & 51931-02 FY 1999-00 TI -B Bridgeport Medians and Parkways along project frontage No. of parcels 83 Per parcel assessments $48.25 Revenue from parcel assessments $4,005 From fund balance 0 Ad valorem, interest, other revenue f) TOTAL COLLECTED $4,005 Account Numbers Expense Account Number 7515 Revenue Account Number 61820 Auditor Controller Account Personnel _Operations & Maintenance (Amounts will be added to existing Areawide Tl budget) 7371 Electric Utility 7373 Telephone Utility 384 7374 Water Utility 8001 Contractual Services 624 Landscape Contract 2,557 Insp. Contract 8110 Pest Control 8111 Extras 7400 Contingency 8601 Furniture & Fixtures 8610 Equipment Total Operations & Maintenance 9510 Overhead Allocation Reserves 11.0% 440 TOTAL STAFF, O&M, O/H + RESERVES 4,005 ExhibitB.xls i 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. Tl," an assessment district established pursuant to the "Landscaping and Lighting Act of 1972" as set forth in Part 2 of Division 15 (Section 22500, et seq.) of the Streets and Highways Code of the State of California. WITNESSETH: A. WHEREAS, the petitioner, the 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: Legal Descriution: Parcel "A" - All of Lots of Parcel Map 24516, in the City of Santa Clarita, County of Los Angeles, State of California. Parcel "B" - All of Lots of Tract No. 51931-01 and Tract No. 51931-02, in the City of Santa Clarita, County of Los Angeles, State of California. (Hereinafter referred to as the "Property"); and B. WHEREAS, the owner is subdividing and developing the Property in the City of Santa Clarita, (hereinafter referred to as the "Project"); and C. WHEREAS, as a condition to its approval of the recordation of the final tract or parcel map for 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. The developer is required to 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. T1(hereinafter referred to as the "District") pursuant of the "Landscaping and Lighting Act of 1972," as set forth in Part 2 of Division 15 (Section 22500, et seq.) of the Streets and Highways Code of the State of California in accordance with this Petition. 2. The Developer requests that the Property to be incorporated and annexed into the District consist of all of the Property referenced as parcel "A" and Parcel "B" of the recitals hereinabove and shall become annexed into Valencia Areawide District No. Tl. The initial annual assessment shall be $48.25 per parcel and the base rate may increase at an annual amount based upon the increase in the Consumer Price Index for the Los Angeles Area (CPI). Upon re -subdivision of the property, all subsequent lots, units or parcels will each pay the per parcel assessment. 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 Santa Clarita Landscape Maintenance District No. Tl. 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. 51931-01, Tract 51931-02 and Parcel Map 24516 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 (1999-00) 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 to its approval of the Project as referenced in the recitals hereinabove. The landscape maintenance and easement areas to be administered, and maintained by the District are shown on the attached Landscape Maintenance District Map. DEVELOPER/OWNER Owner's Name: The Newhall Land and Farming Company ALL SIGNATURES TO BE NOTARIZED• NED: snpr\d;seria\yersi93Ld.. ENGINEER'S REPORT CITY OF SANTA CLARITA ANNEXATION OF TRACT MAPS 51931-01 AND 51931-02 INTO VALENCIA AREAWIDE LANDSCAPE MAINTENANCE DISTRICT NO. Tl AS ZONE NO. Tl -B 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 Tract Maps 51931-01 and 51931-02 into Valencia Areawide Landscape District Tl as Zone No. Tl -B. 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 included within Tract Maps 51931-01 and 51931-02 as shown on Exhibit A. 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 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 October 26, 1999 1 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 a Notice of Public Hearing and 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 2000/01 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 2000. II. PLANS AND SPECIFICATIONS The proposed improvements for the annexation into Valencia Valencia Areawide Landscape District TI as Zone No. TI -B, include, but are not limited to, and may be generally described as follows: The operation, maintenance and servicing of ornamental structures, landscaping, including October 26, 1999 2 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 this annexation 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 2000/01, 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 Valencia Areawide Landscape District TI as Annexation Zone No. TI -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. The proposed budget is attached as Exhibit B. W. ASSESSMENT DIAGRAM The boundary map/diagram included herein as Exhibit A is part of this report. V.. ASSESSMENT All assessed lots or parcels of real property within the annexation are listed on the Assessment Roll that 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 these annexations for Fiscal Year 2000/01, shows the Fiscal Year 2000/01 assessment upon each lot and parcel within the annexation, and describes each assessable October 26, 1999 3 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 Exhibit C. Commencing with Fiscal Year 2000/2001, the amount of the assessments for this Annexation 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 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, is landscaped and owned in common by all the owners of the residential/commercial structures. These October 26, 1999 4 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 landscaping located in Landscape Maintenance TI and the proposed annexations 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 properties within the City. Finally, the proper maintenance of landscaping and ornamental structures provides a positive visual experience to persons 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. October 26, 1999 5 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 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. Once the parcels are subdivided and if they are ever re -subdivided in the future, the total assessment will be apportioned equally on each new parcel. as City Clerk, do hereby certify that the foregoing assessments, together with the boundary maps attached thereto, were filed in my office o th 1999. Sharon L. Dawson, City Clerk City of Santa Clarita n e_day of 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 S:\pr\d.triam l-RpGdo October 26, 1999