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HomeMy WebLinkAbout2013-07-09 - AGENDA REPORTS - DBAA 2013-1 VILLA METRO (2)CONSENT CALENDAR DATE: '31131111)11 DEPARTMENT: City Council: Agenda Item: 12 CITY OF SANTA AIT ARIT." AGENDA REPORT City Manager Approval: Item to be presented by: July 9, 2013 RESOLUTION OF INTENT TO FORM A DRAINAGE BENEFIT ASSESSMENT AREA (DBAA) NUMBER 2013-1 VILLA METRO (TRACT MAP 62322) Administrative Services 1. Adopt a resolution to initiate proceedings to form Drainage Benefit Assessment Area Number 2013-1 (DBAA 2013-1 Villa Metro) to benefit parcels in tract 62322. 2. Set a public hearing for August 27, 2013, as a time and place to hear comments on the proposed action, and close the time period to receive ballots. 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. The storm -drain box culvert places the open channel that runs along the frontage of the development underground, thereby maximizing the adjacent developable area. Regular maintenance for this box culvert is required to ensure it continues to function within the design parameters. This Drainage Benefit Assessment District (DBAA) will be responsible for administering the inspection, storm -damage repair, and cleaning of the storm -drain improvements. 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 ("CPI'). 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 adopt a resolution to initiate formation of 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 Resolution Engineer's Report DBAA 2013-1 available in the City Clerk's Reading File -2- RESOLUTION NO. 13- 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 BASIN 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 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 Special Districts Office and incorporated herein by reference; and WHEREAS, the title of the proposed District shall be "Drainage Basin Assessment Area No. 2013-I (Villa Metro)'; and WHEREAS, the City has approved a consulting engineer's contract with Harris & Associates, naming Hams & 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 Special Districts Office 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 3 convenience require the construction and maintenance of the improvements to reduce the amount of pollutants in urban runoff prior to its discharge into the Santa Clara River. The City Council hereby declares its intention to form an assessment district to be known as the "Drainage Basin Assessment Area No. 2013-1 (Villa Metro)." 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 Basin Assessment Area No. 2013-1 (Villa Metro) Assessment Diagram," on file with the Special Districts' Office 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 storm drain box culvert required for Villa Metro Tract No. 62322 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 Special Districts Office and incorporated herein by reference. 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 2014-15. SECTION 6. The City Council appoints August 27, 2013, 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 July 12, 2013, 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 H 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 Special Districts Office, 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 July 2013. MAYOR ATTEST: INTERIM CITY CLERK DA RI STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Armind 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 9th day of July, 2013, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: INTERIM CITY CLERK LN 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:\TECHSVCS\Kevin\LMDWdmin\VillaMetroDistricts\DBAA2013-1 Villa Metro rptl9jun13.doc � 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. Arming Chaparyan, Interim City Clerk, City of Santa Clarita Los Angeles County, California UTA 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. Armin6 Chaparyan, Interim City Clerk, City of Santa Clarita Los Angeles County, California am S:\TECRSVCS\KevinEMD\Admin\Villa Metro Districts\DBAA 2013-1 Villa Metro rpt 19junl3.dw Hams & Associates City of Santa Clarita DBAA No. 2013-1 (Vi 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 June 19, 2013 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:\TECHSVCS\KevinV.MD\Admin\Villa Metro DistrieNOBAA 2013-I Villa Mew rpt l9jun13.doc Harris & 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\I.MD\Adntin\V0la Metro Districts\DBAA 2013-1 Vdla Metro rpt 19junI3.doc Harris & Associates City of Santa Clarita June 19, 2013 DBAA No. 2013-1 (Villa Metro) Page 4 PART A Plans and Specifications 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:\TECHSVCS\Kevin\LMD\Admin\Villa Metra Districts\DBAA 20131 Villa Metro rpt l9junlIdoc Hams 8 Associates City of Santa Clarita DBAA No. 2013-1 (Vi PART B Estimate of Cost June 19, 2013 Page 5 The AM 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\KevinU.MDWdmin\Villa Metro Disuicu\DBAA 2013-1 Villa Metro rpt 19junl3.doc Harris & 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 list is keyed to the records of the Assessor of the County of Los Angeles which are incorporated herein by reference. S9TECHSVCS\KevinV,M \Admin\Villa Metro DistrictslDBAA 2013-1 Villa Metrotpt 19junl3.due 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:\TWHSVCS\Kevin\LMD\Admin\Villa Metro Districts\DBAA 2013-1 Villa Metro rpt l9jun13.doc Hams & 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 live -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 Mao 62322 Proposed No. of Land Use 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 1 315 1.09 325.51 F,xistine Land Use Exsiting No. of Land Use Parcels Gross Parcel Area (AC) ERUs Vacant 6 33.181 325.51 Assessment Rates FY 2.013-14 Est. Budget 1 No. of ERUs FY 2013-14 Max Asmt* $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:\TECHSVCSWevin\LMD\Admin\Villa Metro Districts\DBAA 2013-1 Villa Metro rpt 19junl3.doc Hams & Associates City of Santa Clarita DBAA No. 2013-1 ff City of Santa Clarita Drainage Benefit Assessment Area No. 2013-1 (Villa Metro) Boundary Map Sarna Clam River APNs: 2849-001-027 2849-027-001 2849-027-002 2849-027-003 2849-027-004 2849-027-005Rd G\de" Sodad Canyon Rd le Legend -` Boundary Drainage Improvement to be Maintained June 19, 2013 ADDendix A-1 S:\TECHSVCS\Kevin\LMD\Admin\VillaMevo Districts\DBAA 20134 Villa Metro rpt 19junl3.doc Harris & Associates City of Santa Clarita June 19, 2013 DBAA No. 2013-1 (Villa Metro) Appendix B-1 I_17J4►117E41? 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. Assessors Parcel No.' FY 13-14 FY 13-14 Actual Asmt. 2849-027-002 36.10 $1.663.85 $0.00 F3�:at r r 7 • 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\KevinH-MD\Admin\Villa Metro Districts\DBAA 2013-1 Villa Metrorpt 19jun 13Aoc E I Harris & Associates