HomeMy WebLinkAbout2008-09-09 - AGENDA REPORTS - DBAA 2008 2 GVRANCH COMMERCIAL (2)CONSENT CALENDAR
DATE:
Agenda Item: I (
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval
Item to be presented by:
September 9, 2008
Dennis Luppens
SUBJECT: RESOLUTION OF INTENT TO FORM DRAINAGE BENEFIT
ASSESSMENT AREA (DBAA) NO. 2008-2 (GOLDEN VALLEY
RANCH COMMERCIAL)
DEPARTMENT: Administrative Services
RECOMMENDED ACTION
City Council:
1) Adopt a resolution to initiate proceedings to form Drainage Benefit Assessment Area
Number 2008-2 (DBAA 2008-2), approve the Engineer's Report, and set a public hearing
for October 28, 2008.
2) Appropriate $5,000 from DBAA Fund Balance (351) to expenditure account
12583-5161.002 for district formation administrative costs.
3) Approve an increase of $5,000 to the existing contract with Harris & Associates for Special
Districts Assessment Engineer Services.
BACKGROUND
The DBAA is recommended to pay for maintenance services to specific storm drain
improvements that will be performed by the City's Environmental Services Division. A general
description of the improvement is provided below, and a detailed description is located in the
Assessment Engineer's Report.
The proposed services involve the maintenance and operation of Storm Drain Line "D" in
Golden Valley Ranch Commercial Tract No. 52414-01, and all lateral lines associated with Line
"D," including the CDS units., Storm Drain Line "D" drains portions of the Golden Valley
Ranch Commercial development and is the only storm drain line that is not being accepted into
the Los Angeles County Flood Control District's system. Regular maintenance is required in
order for the storm drain line and lateral lines to function correctly within the design parameters.
The Engineer's Report contains the proposed boundaries of the DBAA, identification of the
proposed facilities and services to be funded, the determination of the general and special benefit
received by property within the DBAA, and the methodology to apportion the annual
assessments. Golden Valley Ranch Commercial Tract No. 52414-01 is a commercial
development that has been conditioned to create the DBAA to guarantee ongoing operation and
maintenance of the drainage facilities that Los Angeles County will not accept for maintenance
purposes. It is estimated approximately 56.22 acres will be developed with commercial uses,
although only about 33 acres are affected by the DBAA.
The Engineer's Report describes the annual adjustment to the maximum assessment, which
would be equal to the annual change in the Consumer Price Index (CPI) during the preceding
year for All Urban Consumers for the Los Angeles, Riverside, and Orange County areas,
published by the United States Department of Labor, Bureau of Labor Statistics (or a reasonably
equivalent index should the stated index be discontinued).
The Council is requested to adopt a resolution of intention which approves the Engineer's Report,
sets a public hearing for October 28, 2008, directs the Clerk to publish and post notices of the
public hearing, and directs a September 12, mailing of assessment ballots to all persons who own
property within the proposed DBAA. Pursuant to Proposition 218, property owners would have
until the close of the public hearing (at least 45 days from the date the ballots are mailed) to
return the ballots to the City Clerk. In order for the City Council to form the DBAA and levy the
annual assessments, 50% or more of the weighted ballots returned must approve formation of the
Assessment District. Ballots are weighted based on the amount of the proposed assessment for
such property. The tabulation of the ballots will be completed and the results announced after the
close of the public hearing. If the tabulation occurs that evening, the Council could take
immediate action to form the DBAA.
ALTERNATIVE ACTIONS
Other action as determined by the City Council.
FISCAL IMPACT
No impact to the General Fund. The administrative costs of forming the district is $5,000,
requested to be appropriated from DBAA fund balance (351) to expenditure account
12583-5161.002.
ATTACHMENTS
Resolution - Resolution of Intent DBAA 2008-2
IDBAA 2008-2 Boundary Map
DBAA 2008-2 Engineer's Report available in the City Clerk's Reading File
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, APPROVING AN ENGINEER'S REPORT
AND DECLARING ITS INTENTION TO ORDER THE FORMATION OF A
DRAINAGE BENEFIT ASSESSMENT AREA AND TO LEVY AN
ASSESSMENT THEREON, AND TAKING CERTAIN OTHER ACTIONS IN
CONNECTION THEREWITH
WHEREAS, the City Council of the City of Santa Clarita (the "City") desires to form an
assessment district (the "District) pursuant to the provisions of the `Benefit Assessment Act of
1982," being Article 4 of Chapter 6.4 of the Government Code (commencing with Section
54703) (the "Act") and in accordance with Article XIIID of the California Constitution and the
Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the
California Government Code) to fund the cost of maintenance and operation of drainage facilities
required for Golden Valley Ranch Commercial Tract No. 52414-01; and
WHEREAS, the boundaries of the proposed District shall be set forth in the Assessment
Diagram as shown on the map presented to this Council and on file with the City Clerk and
incorporated herein by reference; and
WHEREAS, the title of the proposed District shall be "Drainage Benefit Assessment
Area No. 2008-2 (Golden Valley Ranch Commercial)"; and
WHEREAS, the City has approved a consulting engineer's contract with Harris &
Associates, naming Harris & Associates as the Assessment Engineer and firm responsible for
preparing the Engineer's Report and assisting in the public hearing and formation process for the
proposed District.
WHEREAS, the Engineer's Report has been duly presented by the City Clerk for
consideration and has been fully considered by the City Council.
NOW THEREFORE, the City Council of the City of Santa Clarita, California, does
hereby resolve as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. The Engineer's Report, including the plans, specifications, general
descriptions, and estimates of the cost of the proposed services, the boundary diagram and the
proposed assessments, is hereby approved as filed and incorporated herein by this reference. The
Engineer's Report shall stand as the report for the purpose of all subsequent proceedings under
the Act and Article XIIID, except that it may be confirmed, modified or corrected as provided in
the Act.
SECTION 3. The City Council hereby finds that the public interest, necessity and
convenience require the maintenance of the improvements to reduce the amount of pollutants in
urban runoff prior to its discharge into the Santa Clara River and that said maintenance is not a
burden on City resources, as is specified in the tract's conditions of development. The City
Council hereby declares its intention to form an assessment district to be known as the "Drainage
Benefit Assessment Area No. 2008-2 (Golden Valley Ranch Commercial)." The boundaries of
the District shall cover the real property benefited by the services funded by the assessment as
shown on and described on the map entitled "Drainage Benefit Assessment Area No. 2008-2
(Golden Valley Ranch Commercial) Assessment Diagram," on file with the City Clerk and
incorporated herein by reference. The City Council hereby declares and finds the land within the
boundaries of the District to be specially benefited by the Improvements and/or the maintenance
thereof.
SECTION 4. The purpose of District is to fund the maintenance and operation of the
drainage facilities required for Golden Valley Ranch Commercial Tract No. 52414-01 and is of
benefit to the property within the District. All services and work to be funded by the District
shall be done in accordance with the Engineer's Report on file in the office of the City Clerk and
which is hereby referred to and by this reference incorporated herein and made a part hereof. The
Engineer's Report and its exhibits contain a full and detailed description of the services and the
maintenance which may be funded by the District, the boundaries of the District and the
proposed assessments upon the assessable properties in the District.
SECTION 5. As set forth in the Engineer's Report, each year the maximum annual
assessment rate will be increased by the annual change in the Consumer Price Index, All Urban
Consumers, for the Los Angeles -Riverside -Orange County Area ("CPI"). The actual assessment
to be levied each year will be as determined by the City Council, not to exceed the maximum
annual assessment rate for such period. If approved, the assessment will be levied beginning in
FY 2008-09.
SECTION 6. The City Council appoints October 28, 2008 at 6:00 p.m. in the Council
Chambers, 23920 Valencia Boulevard, Santa Clarita, California, or as soon thereafter as the
matter may be heard, as the time and place for hearing protests to the proposed District
formation, the proposed levy of assessments, the amount of the individual assessments, and
related matters as set forth in the Engineer's Report, and any interested person may appear and
object to the proposed services, or to the extent of the District or to said proposed assessments.
SECTION 7. The City Clerk is hereby directed to give notice of such hearing by:
A. Mailing notices, together with assessment ballots, postage prepaid, in the United States
mail, in the time, form and manner provided by Section 53753 of the California
Government Code, to the record owners of property in the proposed District. Such notice
shall be mailed no later than September 12, 2008, and shall be deemed to have been given
when deposited in such mail. Upon the completion of the mailing of said notices and
assessment ballots, the City Clerk is hereby directed to file with the City Council an
affidavit setting forth the time and manner of the compliance with the requirements of
law for mailing said notices and assessment ballots. The notice shall be mailed not less
than forty-five (45) days before the date of the public hearing ordered herein.
2
B. Publication once a week for two successive weeks prior to the Public Hearing in a
newspaper published once a week or oftener, with at least five days intervening between
the respective publication dates.
C. Posting notice of the Public Hearing in at least three public places within the jurisdiction
of the City.
SECTION 8. The Engineer's Report and other written material about the District may
also be reviewed at the office of the City Clerk, 23920 Valencia Boulevard, Santa Clarita,
California, during regular business hours.
SECTION 9. The assessment balloting procedures approved by the City Council
pursuant to Resolution 05-116 adopted on' September 27, 2005 shall be the procedures for the
completion, return and tabulation of assessment ballots for the proposed District.
SECTION 10. This resolution shall take effect immediately.
SECTION 11. The City Clerk shall certify to the passage and adoption of this
resolution; shall cause the same to be entered in the book of resolutions of the City, and shall
make a minute of the passage and adoption thereof in the records of the proceedings of the City
Council of the City in the minutes of the meeting at which the same is presented.
PASSED, APPROVED AND ADOPTED this 9th day of September 2008
ATTEST:
CITY CLERK
3
MAYOR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the 9th day of September 2008, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
4
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL RESOLUTION
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Resolution No. , adopted by the City Council of the City of
Santa Clarita, California on September 9, 2008, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this day of
20_.
Sharon L. Dawson, MMC
City Clerk
By
Susan Caputo, CMC
Deputy City Clerk
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Engineer's Report
For
City of Santa Clarita
Drainage Benefit Assessment Area
No. 2008-2
(Golden Valley Ranch Commercial)
Fiscal Year 2008-09
Submitted To:
City of Santa Clarita, California
Prepared By:
Harris & Associates_
September 3, 2008
City of Santa Clarita September 3, 2008
DBAA No. 2008-2 (Golden Valley Ranch Commercial)
ENGINEER'S REPORT
Table of Contents
Certifications.............................................................................. 1
Report......................................................................................... 2
Part A — Plans and Specifications ......................................... 4
Part B — Estimate of Cost ...................................................... 5
Part C — Assessment Diagram ............................................... 6
Part D — Assessment Roll ...................................................... 6
Part E — Method of Assessment ............................................ 7
Appendices
A Assessment Diagram
B Assessment Roll
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City of Santa Clarita September 3, 2008
DBAA No. 2008-2 (Golden Valley Ranch Commercial) Page 1
ENGINEER'S REPORT
CITY OF SANTA CLARITA
DRAINAGE BENEFIT ASSESSMENT AREA (DBAA)
NO. 2008-2 (GOLDEN VALLEY RANCH COMMERCIAL)
The undersigned respectfully submits the enclosed report as directed by the City Council.
DATED: September 3, 2008
BY: Joan E. Cox
R.C.E. No. 41965
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and
Assessment Diagram thereto attached, was filed with me on the day of 2008.
Sharon L. Dawson, City Clerk,
City of Santa Clarita
Los Angeles County, California
0
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and
Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City
of Santa Clarita, California, on the day of 2008.
Sharon L. Dawson, City Clerk,
City of Santa Clarita
Los Angeles County, California
Lo
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City of Santa Clarita September 3, 2008
DBAA No. 2008-2 (Golden Valley Ranch Commercial) Page 2
CITY OF SANTA CLARITA
FISCAL YEAR 2008-09
ENGINEER'S REPORT
PREPARED PURSUANT TO THE PROVISIONS OF THE
BENEFIT ASSESSMENT ACT OF 1982
ARTICLE 4, CHAPTER 6.4
OF THE CALIFORNIA GOVERNMENT CODE
Pursuant to Part 1, Division 2 of Title 5 of the Government of the State of California, and in
accordance with the Resolution of Initiation adopted by the City Council of the City of Santa Clarita
State of California, in connection with the proceedings for:
CITY OF SANTA CLARITA
DRAINAGE BENEFIT ASSESSMENT AREA
NO. 2008-2 (GOLDEN VALLEY RANCH COMMERCIAL)
Hereinafter referred to as the "Assessment District" or "District", I, Joan E. Cox, P.E., the authorized
representative of Hams & Associates, the duly appointed ENGINEER OF WORK, submit herewith
the "Report" consisting of six (6) parts as follows:
PART A
PLANS AND SPECIFICATIONS
Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto, and
are on file in the Office of the City Engineer and are incorporated herein by reference.
PART B
ESTIMATE OF COST
An estimate of the costs of the proposed improvements, including incidental costs and expenses in
connection therewith, is as set forth on the lists thereof, attached hereto, and are on file in the Office
of the City Clerk and incorporated herein by reference.
PART C
ASSESSMENT DIAGRAM
The Diagram of the Assessment District Boundaries showing the exterior boundaries of the
Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment
District.
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City of Santa Clarita September 3, 2008
DBAA No. 2008-2 (Golden Valley Ranch Commercial) Page 3
The lines and dimensions of each lot or parcel within the Assessment District are those lines and
dimensions shown on the maps of the Assessor of the County of Los Angeles for the fiscal year to
which this Report applies. The Assessor's maps and records are incorporated by reference herein and
made part of this Report.
PART D
ASSESSMENT ROLL
The maximum assessment to be levied on each benefited lot or parcel of land within the District.
PART E
METHOD OF ASSESSMENT
The basis on which the costs have been apportioned to each parcel of land within the District, in
proportion to the estimated benefits to be received by such lots and parcels.
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City of Santa Clarita September 3, 2008
DBAA No. 2008-2 (Golden Valley Ranch Commercial) Page 4
PART A
Plans and Specifications
The proposed services involve the maintenance and operation of Storm Drain Line "D" in Tract
52414-01 and all lateral lines associated with Line "D", including the CDS units. Storm Drain Line
"D" drains portions of the Golden Valley Ranch Commercial development and is the only storm
drain line that is not being accepted into the Los Angeles County Flood Control District's system.
Regular maintenance is required in order for the storm drain line and lateral lines to function
correctly within the design parameters.
The services necessary for the District include, but are not limited to, and may be generally described
as: 1) maintenance costs, 2) reporting and consulting, 3) monitoring, and 4) annual review with a
report and recommendations.
Plans and Specifications for the improvements for the 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 where they are available for public inspection.
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City of Santa Clarita September 3, 2008
DBAA No. 2008-2 (Golden Valley Ranch Commercial) Page 5
PART B
Estimate of Cost
The Act provides that the estimated costs of the improvements shall include the total cost of the
improvements for Fiscal Year 2008-09, 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 the
district is the total cost of maintenance and servicing with adjustments either positive or negative for
reserves, surpluses, deficits, and/or contributions.
Estimated costs of improvements for the District 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.
DBAA No. 2008-2 (Golden Valley Ranch)
Description
2008/09 Cost
Estimate
Maintenance Costs:
Regular Maintenance
$4,200
Vegetation Control
$450
Sediment Removal
$1,000
Report! n/ConsuIt!n :
Professional Reporting
$1,000
Permits
$750
Water Quality Testing
$900
Engineers Report/Annual Assessment Calc
$900
Monitoring
Salary
$1,200
Personnel Costs
$600
Supplies/Training
$250
Administration
$3,000
Reserves
OBratin Reserve
$7,125
ardous material Keserve
$5,000
Total Operation and Maintenance Cost
$26,375
A Future/Reserve fund is being established for DBAA No. 2008-2 to cover the first six months of
expenses annually before collection from the County has been received, as well as unexpected
expenses. The funds will be allowed to build up gradually in anticipation of any maintenance costs
that can and do occur when there is a great amount of rainfall during the year.
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City of Santa Clarita September 3, 2008
DBAA No. 2008-2 (Golden Valley Ranch Commercial) Page 6
PART C
Assessment Diagram
The boundary diagram for DBAA No. 2008-2 (Golden Valley Ranch Commercial) is included herein
as Appendix A, and is part of this report.
The lines and dimensions of each lot or parcel within the Districts are those lines and dimensions
shown on the maps of the Assessor of the County of Los Angeles for the fiscal year to which this
Report applies. The Assessor's maps and records are incorporated by reference herein and made part
of this Report.
PART D
Assessment Roll
The Assessment Roll is a listing of the proposed maximum assessment for Fiscal Year 2008-09,
apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of
Los Angeles. The assessment Roll is included in this Report as Exhibit B.
The description of each lot or parcel is part of the records of the Assessor of the County of Los
Angeles and these records are, by reference, made a part of this Report.
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DBAA No. 2008-2 (Golden Valley Ranch Commercial) Page 7
PART E
Method of Assessment
The following is the assessment methodology for DBAA No. 2008-2 (Golden Valley Ranch
Commercial):
Backeround
The Benefit Assessment Act of 1982 (the Act) provides that assessments may be apportioned upon
all assessable lots or parcels of land within an assessment district in proportion to the estimated
special 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 Districts. The general enhancement of property
value does not constitute a special benefit.
Special Benefit
There are two (2) categories of special benefits identified for DBAA 2008-2:
1. The benefit related to the satisfaction of a Condition of Development, and
2. The benefit related to the functionality of the drainage system.
1. Satisfaction of Conditions of Development
The drainage improvements for the commercial portion of the Golden Valley Ranch development
were installed by the developers, subdividers of the land. A condition of approval of the
commercial development was the guarantee of on-going maintenance for the drainage system
(Condition of Approval EN53). Most of the drainage improvements are acceptable to the Los
Angeles County Flood Control District (LACFCD) and will be accepted into the County system
for maintenance, and Lots 1 through 14 of Tract No. 52414-01 have satisfied this condition.
Storm Drain Line "D" is not acceptable to LACFCD and will not be accepted into their system.
Therefore, for Lots 14, 15 and 16 to satisfy Condition of Approval EN53, the continued
maintenance of Storm Drain Line "D" must be guaranteed through the establishment of a
Drainage Benefit Assessment Area (DBAA) or some other form of guaranteed financing. Should
the guaranteed maintenance not occur, the Condition of Approval for the development of these
lots would not be satisfied and the lots would not be able to have Building Permits finalized or
Certificates of Occupancy issued. Thus, the ability to develop these lots to construct a building
or structure on the property is a particular and distinct special benefit conferred only to Lots 15,
16 and 17.
Therefore, due to the satisfaction of Condition EN53, Lots 15, 16 and 17 are uniquely benefited
by, and receive a direct advantage from, the guaranteed funding of maintenance for Storm Drain
Line "D" improvements and are conferred a particular and distinct special benefit over and above
general benefits.
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DBAA No. 2008-2 (Golden Valley Ranch Commercial) Page 8
2. Functionality of the Drainage System
The southerly portion of the Golden Valley Ranch Commercial development is comprised of Lots
9 through 17 and is identified as the South Plaza area. These lots all function as a cohesive
shopping plaza and are connected to each other through driving lanes and parking lots. Storm
Drain Line "D" serves the area drains in the southerly quadrant of this plaza, including a portion
of the truck delivery path of travel for this entire plaza.
Because of this interconnectivity, between portions of the South Plaza area, the proper
maintenance and functioning of Storm Drain Line "D" provides a particular and distinct special
benefit to all the properties in the South Plaza by allowing traffic to flow unimpeded by poor
drainange.
Therefore, Lots 9 through 17 are uniquely benefited by, and receive a direct advantage from, the
proper functioning and maintenance of Storm Drain Line "D" improvements and are conferred a
particular and distinct special benefit over and above general benefits.
General Benefit
The drainage facilities are located within and/or immediately adjacent to properties within the
District and were installed and are maintained particularly and solely to serve, and for the benefit of,
the properties within the District. Any benefit received by properties outside of the District is
inadvertent and unintentional. Therefore, any general benefits associated with the drainage facilities
of the District are merely incidental, negligible and non -quantifiable.
Apportionment
The estimated costs are apportioned equally to each of the two categories of special benefit.
All parcels receive the same degree of special benefit within each benefit category due to the similar
(commercial) use of each parcel. Therefore, each parcel is assessed based on the proportionate gross
acreage of each Assessor's parcel as a share of the total acres within each benefit category.
Assessment Rates
DBAA #2008-2
FY 2008-09
Est. Budget
No. of
Acres
FY 2008-09
Max Asmt*
Condition Benefit
$13,187.50
9.72
$1,356.74 /acre
South Plaza Benefit
$13,187.50
33.11
$398.30 / acre
$26,375.00
* The maximum assessment rate will increase each year based on the
annual change in the Consumer Price Index, All Urban Consumers,
for the Los Angeles -Riverside -Orange County Area ("CPI"). The
actual assessments levied in any fiscal year will be as approved by the
City Council and may not exceed the maximum assessment rate
without receiving property owner approval for the increase.
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City of Santa Clarita September 3, 2008
DBAA No. 2008-2 (Golden Valley Ranch Commercial) Appendix A-1
City of Santa Clarita
DBAA No. 2008-2
(Golden Valley Ranch -Commercial)
to
Legend
a
M GVR DBAA 20082 Parcels
Parcel Boundary
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City of Santa Clarita September 3, 2008
DBAA No. 2008-2 (Golden Vallev Ranch Commercial) Appendix B-1
APPENDIX B
Assessment Roll
Drainage Benefit Assessment Area
(DBAA) No. 2008-2 (Golden Valley Ranch Commercial)
The Assessment Roll is hereby incorporated and made a part of this Report. The Assessment Roll is
provided below.
Assessor's
Parcel No.
Lot
Condition
Benefit
Acres
South Plaza
Benefit
Acres
FY 2008-09
Max. Asmt
2841063001
9
10.66
$4,245.88
2841063002
10
5.46
$2,174.72
2841063003
11
1.50
$597.45
2841063004
12
1.17
$466.01
2841063010
2841063011
2841063012
15
15
16
3.12
4.56
0.30
3.12
4.56
0.30
$5,475.72
$8,002.98
$526.51
2841063013
16
0.80
0.80
$1,404.03
2841063014
17
0.44
0.44
$772.22
2841063015
17
0.50
0.50
$877.52
2841063016
13
2.50
$995.75
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