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HomeMy WebLinkAbout2013-08-27 - AGENDA REPORTS - DBAA # 2013-1 VILLA METRO (2)Agenda Item: 13 CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval: V Item to be presented by: Kevin Tonoian DATE: August 27, 2013 SUBJECT: FORMATION OF DRAINAGE BENEFIT ASSESSMENT AREA (DBAA) NO. 2013-1 (VILLA METRO) DEPARTMENT: Administrative Services RECOMMENDED ACTION City Council conduct a public hearing, and open and review ballots. If no majority protest exists, adopt a resolution approving the Engineer's Report for DBAA 2013-1, and authorize the annual levy and collection of the assessments within the District, beginning Fiscal Year 2014-15. If a majority protests exists, no action will be required. BACKGROUND On April 25, 2006, the City Council approved the final set of development conditions for Metro Village (approved under the name of Soledad Village) Tentative Tract Map 62322. Villa Metro consists of 292 dwelling units, 22 live -work units, and one commercial parcel planned within the tract. As a condition of approval, the storm -drain channel fronting the development has been covered, and as such, will not be maintained by the Los Angeles County Flood Control District. To this end, the developer was required to form a special district whereby the cost of maintaining the boxed and subterranean storm -drain channel would be paid by the benefiting property owners. At their July 9, 2013 regular meeting, the City Council adopted a resolution of intent to form Drainage Benefit Assessment Area (DBAA) No. 2013-1 and set tonight's public hearing. The storm -drain box culvert replaces the open channel that runs along the frontage of the development underground. Regular maintenance for this box culvert is required to ensure it continues to function within the design parameters. The DBAA will be responsible for administering the inspection, storm -damage repair, and cleaning of the storm -drain improvements. On July 12, 2013, the ballot and notice was sent to the property owner, The New Home Company. On July 13, 2013, the notice of public hearing was published in The Signal newspaper. The Engineer's Report contains the proposed boundaries of the DBAA, identifies the proposed facilities and services to be funded, determines the general and special drainage benefits received by properties, and the methodology to apportion the annual assessments. All parcels were established concurrently to the conditions set forth for the continued maintenance of the landscape and infrastructure improvements, and as a result, each parcel within DBAA 2013-1 receives a special and distinct benefit from the improvements. The estimated annual assessment to maintain the improvements associated with DBAA 2013-1 will be approximately $15,000. 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 ("CPP'). The actual assessment levied in any fiscal year will be approved by the City Council and may not exceed the maximum assessment rate. The properties will be levied beginning Fiscal Year 2014-15. ALTERNATIVE ACTIONS 1. Do not form DBAA 2013-1. 2. Other direction as determined by the City Council. FISCAL IMPACT The cost to prepare the Engineer's Report and create DBAA 2013-1 is estimated to be $8,500. While the City by law is responsible for retaining an assessment engineering firm to oversee the creation of the DBAA, the property owner is financially responsible for all costs associated with these actions. The property owner will deposit funds into a pass-through account, which will be overseen by the Administrative Services Department and utilized to cover costs incurred by the assessment engineer to create the DBAA. ATTACHMENTS Notice of Public Hearing Resolution Engineer's Report DBAA 2013-1 available in the City Clerk's Reading File —2-- CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita in the City Hall Council Chambers, 23920 Valencia Boulevard, 1st floor, Santa Clarita, California, on the 27d' day of August 2013, at or after 6:00 p.m., to consider the annexation of parcels within Tract 62322 into the City of Santa Clarita Landscape Maintenance District No. 1 as Zone 29 (Villa Metro). The City Council, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Section 22500 through 22679 of the California Streets and Highways Code, and Article 7GII D of the California Constitution (Proposition 218), the Proposition 218 Omnibus Implementation Act will take appropriate consideration and action. 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 Administrative Services Department, 23920 Valencia Boulevard, Suite 260, Santa Clarita, CA 91355; (661) 286-4005, Dennis Luppens, Special Districts Administrator. 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: July 10, 2013 Arming Chaparyan Interim City Clerk Publish Date: July 13, 2013 -3- RESOLUTION 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, APPROVING THE FORMATION OF DRAINAGE BENEFIT ASSESSMENT AREA 2013-1 (VILLA METRO), AND APPROVING AND CONFIRMING THE LEVY OF ASSESSMENTS FOR SAID DISTRICT WHEREAS, on July 9, 2013, the City Council of the City of Santa Clarita (the "City") initiated proceedings 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) (collectively referred to as the "Assessment Law") to fund the cost of maintenance and operation of the storm drain box culvert required for Villa Metro Tract No. 62322; 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. 2013-1 (Villa Metro)"; and WHEREAS, on July 9, 2013, the City approved a report prepared by the Assessment Engineer, Harris & Associates, (the "Engineer's Report") regarding the proposed District and appointed a time and place for a public hearing on the formation of the proposed District and on said report; and WHEREAS, following notice duly given in accordance with the law, the City Council held a full and fair public hearing at the time and place appointed therefore regarding the proposed formation of the District, the proposed levy of the assessments, and the Engineer's Report; and WHEREAS, the City Council considered all oral and written statements, protests, and communications made or filed by any interested persons; and WHEREAS, following the conclusion of the public hearing, assessment ballots received by the City were tabulated by the City Clerk, and a majority protest did not exist; NOW THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Recitals. The above recitals are true and correct. y SECTION 2. Procedures. The City Council hereby finds and determines that the procedures for the consideration of the formation of the District have been undertaken in accordance with the Assessment Law. SECTION 3. Assessment Ballot Procedures. Assessment ballots were mailed as required by Assessment Law to the record owners of all properties within the District which are proposed to be assessed. The assessment ballots that were completed and received by the City Clerk prior to the close of the public Hearing have been tabulated in accordance with the procedures established by Assessment Law and the City Council, and the results of such tabulation have been submitted to the City Council. The City Council hereby finds that the assessment ballots submitted in favor of the levy of assessments, as weighted in accordance with Assessment Law, exceed the assessment ballots submitted in opposition to such levy, also as weighted in accordance with Assessment Law, therefore no majority protest to the formation of the District has been found to exist. SECTION 4. Formation of District. The City Council hereby orders the Formation of Drainage Benefit Assessment District No. 2013-1 (Villa Metro). SECTION 5. Determination and Confirmation. Based upon the Assessment Engineer's Report and the testimony and other evidence presented at the Public Hearing, the City Council hereby makes the following determinations regarding the assessments for Fiscal Year 2013-14 and the maximum annual assessments proposed to be imposed to pay for the estimated costs of the maintenance and operation of the improvements to ultimately be maintained upon the completion and acceptance thereof: a. The proportionate special benefit derived by each parcel assessed has been determined in relationship to the entirety of the estimated cost of the operations and maintenance expenses. b. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel. Only the special benefits have been assessed. The assessments for the District contained in the Assessment Engineer's Report for Fiscal Year 2013-14 are hereby confirmed. Subsequent annual assessments in amounts not to exceed the maximum annual assessment of the estimated costs of the maintenance of all of the improvements to ultimately be maintained upon the completion and acceptance thereof, as set forth in the Assessment Engineer's Report, may be subsequently confirmed and levied without further assessment ballot proceedings pursuant to the Assessment Law. Each fiscal year after the base year (Fiscal Year 2013-14), the maximum assessments shall be increased by the Consumer Price Index (CPI) for All Urban Consumers for the Los Angeles -Riverside -Orange County Area without further compliance with the assessment ballot procedures required under the Assessment Law. 2 _ s_ SECTION 6. Ordering of Maintenance. The public interest and convenience requires, and this legislative body does hereby order the maintenance of work to be made and performed, as said maintenance work is set forth in the Assessment Engineer's Report. SECTION 7. Filing with Secretary. The above referenced diagram and assessment shall be filed in the Special Districts' office. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. SECTION 8. Setting un Special Account. A special account is hereby established to be called the "Drainage Benefit Assessment District 2013-1 (Villa Metro) Account" into which all monies collected in connection with the District shall be placed and used in accordance with the provisions of this resolution, the Assessment Engineer's Report and the law. This Account will be added to a list of accounts in the DBAA Fund, Fund 351. Assessments related to the improvements and maintenance thereof shall be deposited therein and used in accordance with the law. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 27th day of August 2013. MAYOR ATTEST: INTERIM CITY CLERK DA STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Armin6 Chaparyan, Interim 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 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: day of 2013, by the following vote: INTERIM CITY CLERK Engineer's Report For City of Santa Clarita Drainage Benefit Assessment Area No. 2013-1 (Villa Metro) Fiscal Year 2013-14 Submitted To: Santa Clarita, California June 19, 2013 City of Santa Clarita June 19, 2013 DBAA No. 2013-1 (Villa Metro) 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 Apportionment of Assessment ............... 7 Appendices A Assessment Diagram B Assessment Roll S:\TECHSVCSVCevinV.MD\Adrtdn\Villa Metro Districts\DBAA 2013-1 Villa Metrorpt 19jun13Aoc I Harris & Associates City of Santa Clarita June 19, 2013 DBAA No. 2013-1 (Villa Metro) Page 1 ENGINEER'S REPORT CITY OF SANTA CLARITA DRAINAGE BENEFIT ASSESSMENT AREA (DBAA) NO. 2013-1 (Villa Metro) The undersigned respectfully submits the enclosed report as directed by the City Council. DATED: June 19, 2013 BY: K. Dennis Klingelhofer R.C.E. No. 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 2013. Armin Chaparyan, Interim City Clerk, City of Santa Clarita Los Angeles County, California Lo 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 2013. Armin Chaparyan, Interim City Clerk, City of Santa Clarita Los Angeles County, California am S:\TECHSVCS\KevinU-MD\Adrrin\VillaMetoDisticts\DBAA 2013-1 Villa Metnarpt 19junl3.doc Hams & Associates City of Santa Clarita June 19, 2013 DBAA No. 2013-1 (Villa Metro) Page 2 CITY OF SANTA CLARITA FISCAL YEAR 2013-14 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. 2013-1 (VILL METRO) Hereinafter referred to as the "Assessment District" or "District", I, K. Dennis Klingelhofer, P.E., the authorized representative of Harris & 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 Special District's Office 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. S:%TECHSVCS1Kevin4-MD1Admia%Villa Metro Districts\DBAA 2013-1 Villa Metro rpt 19jun 13.doc Hams & Associates City of Santa Clarita June 19, 2013 DBAA No. 2013-1 (Villa Metro) 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 An assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District. PART E METHOD OF ASSESSMENT The method of apportionment of assessments, indicating the proposed assessment of the net amount of the costs and expenses of the improvements to be assessed upon the several lots and parcels of land within the Assessment District, in proportion to the estimated benefits to be received by such lots and parcels. S:\TECHSVCS\Kevin\LMDWdmin\Villa Metro Districts\DBAA 2013-1 VJIa Metro rpt 19jual3.doc Harris & Associates City of Santa Clarita DBAA No. 2013-1 (Vi PART A Plans and Specifications June 19, 2013 Paoe 4 The proposed services involve the maintenance and operation of a storm drain box culvert required for Villa Metro Tract No. 62322 as a condition precedent to development. The storm drain box culvert places the existing open channel that runs along the frontage of the development underground, thereby gaining additional area to develop. Regular maintenance is required in order for the box culvert 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) inspection, 2) storm damage repair, 3) cleaning and 4) administration. 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 specification are on file at the City where they are available for public inspection. S.\TBCnSVCS\Kevin\I.MD\Adndn\Villa Metro Districts\DBAA 2013-1 Villa Metro rpt 19jun 13.doc Harris & Associates City of Santa Clarita June 19, 2013 DBAA No. 2013-1 (Villa Metro) 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 2013-14, 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 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. Description 2013/14 Cost Estimate Maintenance Costs., Inspection $500 Repairs $2,500 Cleaning $2,000 Administration $5,000 Operating Reserves (500/4 $5,000 Total Operation and Maintenance Cost $15,000 An Operating Reserve fund is being established for DBAA No. 2013-1 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. S:\TECHSVCS\Kevin\LMD\Admin\VillaMem Disaicts\DBAA 2013-1 Villa Metro rpt 19junl3.doc Rams & Associates City of Santa Clarita June 19, 2013 DBAA No. 2013-1 (Villa Metro) Page 6 PART C Assessment Diagram The boundary diagram for DBAA No. 2013-1 (Villa Metro) 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 All assessed lots or parcels of real property within the Districts are listed on the Assessment Roll. The Assessment Roll states the net amount to be assessed upon assessable lands within the Districts for Fiscal Year 2013-14, shows the Fiscal Year 2013-14 assessment upon each lot and parcel within the Districts, and describes each assessable lot or parcel of land within the Districts. These lots are more particularly described in the Assessment Roll, which is included in this Report as Appendix B. The fist is keyed to the records of the Assessor of the County of Los Angeles which are incorporated herein by reference. S:\TECHSVCS\Kevin\LMD\Admin\Villa Metro Districts\DBAA 2013-1 Villa Metro rpt 19jun13.doc Harris & Associates City of Santa Clarita June 19, 2013 DBAA No. 2013-1 (Villa Metro) Page 7 PART E Method of Assessment The following is the assessment methodology for DBAA No. 2013-1 (Villa Metro) Background 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 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 In the existing district the drainage improvements were installed by the developers, subdividers of the land, and the continued maintenance was guaranteed through the establishment of a Drainage Benefit Assessment Area. If the installation of the improvements and the guaranteed maintenance did not occur, the individual parcels would not have been established and could not have been sold to any distinct and separate owner. The establishment of each distinct and separate parcel is a special benefit which permits the construction of a building or structure on the property and the ownership and sale of the distinct parcel in perpetuity. All the parcels were established at the same time once the conditions regarding the improvements and the continued maintenance are guaranteed. As a result, each parcel within the District receives a special and distinct benefit from the improvements. Villa Metro Tract No. 62322 consists of predominantly residential units, so the development is assessed based the residential units or the equivalent residential units. There are a total of 293 dwelling units, 22 live -work units and one commercial parcel planned within the tract. 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. Existing drainage from upstream parcels is not affected by the box culvert and the existing connection to the Santa Clara River will be preserved. All general benefits, if any, to the surrounding community and public in general from maintenance of this localized box culvert are intangible. Therefore, there are no general benefits associated with the maintenance the box culvert. Apportionment All the parcels in the District receive the same special benefit from the improvements due to their use and similar proximity to the improvements. Therefore, each parcel is assessed an equivalent amount; or, in the case of undeveloped parcels, the parcels are assessed for their proportionate share based on the number of proposed equivalent residential units on each parcel. S:\TECHSVCS\KevinU MDWdmin\Villa Metro Dlstricts\DBAA 2013-1 Villa Metro rpt 19jun13.doc Harris & Associates City of Santa Clarita June 19, 2013 DBAA No. 2013-1 (Villa Metro) Page 8 Each residential unit shall be assessed one (1) Equivalent Residential Unit (ERU) and each commercial parcel shall be assessed at a rate 9.72 ERUs per acre, which is the density of residential units within the tract (32.42 gross residential acres / 315 residential units = 9.72 units per acre). The 22 tive-work units will be assessed 1 ERU for the residential unit plus 9.72 ERUs per acre of non-residential use (including one parking space). The typical live -work unit is 2,400 SF with 20% of the area assigned to non-residential use, which equals 480 SF. The typical parking space is 180 SF. Therefore, the non-residential use of a live work unit will be defined as 660 SF. Live -work units will be assigned an additional 0.15 ERU (660 SF / 43560 SF per acre X 9.72 ERUs per acre) for the non- residential use, for a total of 1.15 ERUs per live -work unit. Vacant land shall be assessed its proportionate share of the proposed ERUs based on acreage, or 9.81 ERUs per gross acre. Proposed Land Use Tract Map 62322 Proposed Land Use No. of Dwelling Units Non -Residential Parcel Area (AC) ERUs Residential 293 0.00 293.00 Commercial 0 0.76 7.21 Live -Work Unit 22 0.33 25.30 Total 315 1.09 325.51 Existing Land Use Exsiting No. of Land Use Parcels Gross Parcel Area (AC) ERUs Vacant 6 33.18 325.51 Assessment Rates FY 2013-14 Est. Bud et No. of ERUs FY 2013-14 Max Asntt' $15,000 325.51 $46.09 /Unit * 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 ("CPP'). 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. S:\TECHSVCS\Kevin\LMD\Admin\Villa Metro Districts\DBAA 2013-1 Villa Metro rpt l9junl3.doc Hams & Associates City of Santa Clarita DBAA No. 2013-1 (Vi City of Santa Clarita Drainage Benefit Assessment Area No. 2013-1 (Villa Metro) Boundary Map Santa Clara River APNs- 2849-001-027 2849-027-001 2849-027-002 2849-027-003 2849-027004 2849-027-005\de�jnac9\ePd Soledad Canyon Rd N Legend = Boundary Drainage Improvement to be Maintained June 19, 2013 Appendix A-1 S:\TECHSVCSVKevin\LMD\Admin\Villa Meeo DistdcB\DBAA 2013-1 Villa Metrorpt 19jun l3.doc Harris & Associates City of Santa Clarita June 19, 2013 DBAA No. 2013-1 (Villa Metro) Appendix B-1 APPENDIX B Assessment Roll Drainage Benefit Assessment Area (DBAA) No. 2013-1 (Villa Metro) The Assessment Roll is hereby incorporated and made a part of this Report. The Assessment Roll is provided on the following pages. 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's FY 13.14 FY 13.14 Parcel No.' ERUs Max. Asmt. Actual Asmt. These parcels will be further subdivided into a total of 293 residential units, 22 live -work units and one commercial parcel within the District S:\TECHSVCS\KevinU,MD\Admin\Villa Metro Districts\DBAA 2013-1 Villa Metro rpt l9jun13.dm Harris & Associates