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Home My WebLink About2001-05-08 - AGENDA REPORTS - LMD NO. T1 LYONS AVENUE (2)PUBLIC HEARING DATE: SUBJECT: DEPARTMENT: CITY OF SANTA CLARITA AGENDA REPORT City Manager Item to be present( May 8, 2001 PUBLIC HEARING FOR THE ANNEXATION OF TERRITORY INTO SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICT NO. Tl FOR LYONS AVENUE MEDIANS 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 the resolution, approve the Engineer's Report, order the annexation of territory into Landscape Maintenance District No. TI, and order the levy and collection of assessments. If ballots have a majority of "no" votes, no action is required. BACKGROUND As part of an effort to beautify the City and enhance business interests, the City is proposing to install median landscaping along Lyons Avenue from Orchard Village Road to San Fernando Road. Along with this proposal, the medians would be annexed into a Valencia areawide landscape maintenance district (LMD). The proposed landscaping would be similar to the medians located on Lyons Avenue from Interstate 5 to Orchard Village Road. Once completed, the newly landscaped medians will help visually enhance the Lyons Avenue business corridor. The installation of improvements (estimated at $255,510) will be at no cost to the local business owners. However, the landscaping cannot be installed without providing funds for ongoing maintenance. A Valencia areawide LMD currently exists along Lyons Avenue between Interstate 5 and Orchard Village Road. All of the median maintenance along this portion of Lyons Avenue is funded and maintained through this funding district. Following the March 13, 2001 Council Meeting initiating this annexation, assessment ballots were mailed to all property owners within the proposed annexation. All ballots received at this public hearing will be tabulated and the results will be announced. If the majority of the owners vote "yes" and elect to participate, the cost would be the same as the amount the other parcels in the district are assessed, which is $4.12 a month per parcel ($49.46 annually). If the majority of the owners vote "no" and elect to not participate, the maintenance cannot be performed, and the proposed landscaping will not be installed. Adopted:�. o i -s A Agenda Item'Jolaw ALTERNATIVE ACTIONS Do not annex territory. Other direction as determined by City Council. FISCAL IMPACT This zone will provide funding for the maintenance of median landscaping along Lyons Avenue. The estimated revenues and expenditures collected from the annexation for annual maintenance will be $2,077.32. Resolution Exhibit "A" Location Map Engineer's Report (Available in the City Clerk's reading file) NED:Itk pr\r 61\ag" td\200]\lympubh2.dm City of Santa Clarita ENGINEER'S REPORT LYONS AVENUE ANNEXATION NO. Tl -G into LANDSCAPE MAINTENANCE DISTRICT NO. Tl AREAWIDE MEDIAN LANDSCAPING SANTA CLARITA, CALIFORNIA Submitted May 8, 2001 City of Santa Clarita ENGINEER'S REPORT LYONS AVENUE ANNEXATION NO. T1 -G into LANDSCAPE MAINTENANCE DISTRICT NO. T1 AREAWIDE MEDIAN LANDSCAPING 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 VI. Certifications........................................................................... 8 Appendices A Assessment Roll B Assessment Diagram CITY OF SANTA CLARITA ENGINEER'S REPORT LYONS AVENUE ANNEXATION NO. T1 -G into LANDSCAPE MAINTENANCE DISTRICT NO. T1 AREAWIDE MEDIAN LANDSCAPING I. INTRODUCTION This report is prepared in compliance with the requirements of Article 4, Chapter 1, of the Landscaping and Lighting Act of 1972, (hereinafter referred to as the "Act") which is Part 2, Division 15 of the California Streets and Highways Code. This report considers the annexation of territory to be known as T1 -G, Lyons Avenue Medians, into the existing Santa Clarita Landscape Maintenance District No. Tl, AreaWide Medians. 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. 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 «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 January 9, 2001 1 City of Santa C[arita 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 preserve the investment in the landscape improvements in medians to be located along Lyons Avenue, the Lyons Avenue Annexation T1 -G to Landscape Maintenance District No. T1 was proposed. Each property owner who owns parcels subject to the assessment will be sent an Assessment Ballot requesting their approval to annex into the district and approve the assessments being imposed. Subsequent owners of parcels would be made aware through title reports and Department of Real Estate "White Paper" reports that the parcels are in the district and subject to the assessments. Purchase of the parcel(s) is also an agreement by the new owners to be subject to the assessments. However, subsequent increases, if any, will be subject to the procedures and approval process of Section 4 of Article XIII D. This report is being provided to show that there will be no proposed increase in the assessments to pay for costs incurred for the additional maintenance, servicing and operation of the proposed median landscaping on 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. January 9, 2001 2 City of Santa Clarita Assessments, if authorized, would be placed on the 2001/2002 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 2001. II. PLANS AND SPECIFICATIONS The proposed improvements for Annexation No. T1 -G into Landscape Maintenance District No. T1 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. T1 -G 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 2001/2002, 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. T1 -G, 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. January 9, 2001 3 City of Santa Clarita CITY OF SANTA CLARITA ENGINEER'S REPORT LYONS AVENUE ANNEXATION Tl -G into LANDSCAPE MAINTENANCE DISTRICT NO. Tl AREA WIDE MEDIAN LANDSCAPING ASSESSMENT LOTS OR PARCELS: 42 TYPE OF LAND USE: Commercial BUDGET ITEM Total Funds Required Available Carryover Other Revenue To be Raised by Parcel Assessment Annual Per -Parcel Assessment (42 Parcels) TOTAL DISTRICT $ 2,077.32 $ 0.00 $ 0.00 $ 2,077.32 $ 49.46 January 9, 2001 4 City of Santa Clarita W. ASSESSMENT DIAGRAM The boundary map/diagram is included herein as "Appendix B" is part of this report. 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 -G and the 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 2001/2002, the amount of the assessments for Annexation No. Tl -G 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 r-yXO 7MISIlNNi7 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 January 9, 2001 5 City of Santa Clarita 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 -G 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 passing by the annexation. All of the above-mentioned constitutes incidental general January 9, 2001 6 City of Santa Clarita 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. January 9, 2001 7 City of Santa Clarita VII. CERTIFICATIONS FINAL APPROVAL Final approval by the City Council of the City of Santa Clarita on the _ day of '2001. 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 January 9, 2001 8 City of Santa Clarita "APPENDIX A" ASSESSMENT ROLL LYONS AVENUE ANNEXATION NO. Tl -G into LANDSCAPE MAINTENANCE DISTRICT NO. Tl 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. Assessor Annexation Parcel District Parcel Number Number Assessment Assessment Lyons Avenue 2830-005-035 $2,077.32 $49.46 per parcel T1 -G 2830-006-005 2830-014-005 2830-014-010 2830-014-022 2830-014-026 2830-014-027 2830-015-012 2830-015-058 2830-016-008 2830-016-011 2830-016-020 2830-016-031 2830-016-032 2830-016-033 2830-016-034 2831-005-028 2831-005-029 2831-005-032 2831-006-032 2831-006-033 2831-007-001 January 9, 2001 9 City of Santa Clarita Annexation Assessor FY 2000-2001 Number Parcel District FY 2000-2001 Parcel Number Assessment Assessment 2831-007-030 2831-008-017 2831-008-034 2831-008-053 2831-008-054 2855-006-006 2855-006-007 2855-006-008 2855-006-010 2855-006-011 2855-021-006 2855-021-007 2855-021-009 2855-021-010 2855-021-011 2855-022-001 2855-022-002 2855-022-013 2855-022-015 2855-022-016 January 9, 2001 10 City of Santa Clarita I .1.11:W VALENCIA :lLR E kWIDE L..'\iDSCAPE .'vL-�ItiTEN AvCE DISTRICT BOUNDARY OF AREA PROPOSED TO BE .kN-NL E-lCED 1 tc z b vli ARK\.L � �\O \ �`�'��i��'\�IVi s '/r ,n ``�-- / � '•� c t` '„TL �`4 s?v �L. EL c,Gfc,? ! •vii E�••'' a'�UY '.� �J� Y\`� i� f'` •Frj ° y \ y GL7 O QNS OR.r!DMMONNOW • •l� �/\\oma" v'• y�� i LYONS ,+JHCL' 4 M�`+%c at I- I in Z LIGRn, "�G L'. S Z STA i ION l� i c 1v, /,Z"-\ _� ,q.naat cel': i • , VPLL- l I IMG' lam' I�Q •,y ` < ' wY i y S r � ` n' ... Gp � I o EdcFi V ' +a EL WENTARY! = = sT $ Vo"t3 cn Lam' Yl y'°° I g o a' o� WiL 7._ AR AR yy�-- M•,.• �_ �o.R •� I �.b may, sr 9 act � � •.c. Y `� < a � \' e /Ji _ � b. • v .LLTMC3lV t Annexed area is all commercial properties that &onc on Lyons Avenue from ONand Village to San Fernando Road. Areas to `_,e maintained are Lvrns lam Ori! and ViIlagc Road :o San 04/16/01 MON 09:49 FAX 2881706 Cannon 9 ZONE T1 - Lyons Avenue - Phase II Final Ballot results will not be available until the Public Hearing 2001 Percentage of Ballots Resolution Received Number of "YES" Ballots Number of "NO" Ballots: 3 13 [,UV At (b I 'Co 6 Total Ballots Received 23 100% TTDn- 51 % Or greater of the ballots received determines whether ballot passes. If the majority response is "YES," the Resolution is to be adopted. If the majority response is "NO,a no action is required, and the assessment does not pass. Original Rate $0 Proposed Rate $49.46/yr. Total Ballots Mailed: Total Responses Received: Percentage of Response: prVfu9 Ma11cLA9 42 0% (For information only)