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HomeMy WebLinkAbout2014-11-25 - AGENDA REPORTS - LMD ENGR RPT TRACT 62343 (2)Agenda Item: 10 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: Item to be presented by: Kevin Tonoian DATE: November 25, 2014 SUBJECT: LANDSCAPE MAINTENANCE DISTRICT RESOLUTIONS INITIATING PROCEEDINGS, AND APPROVING AN ENGINEER'S REPORT ANNEXING PARCELS IN TRACT 62343 INTO DISTRICT NO. 1 AS ZONE 30 (PENLON) DEPARTMENT: Administrative Services RECOMMENDED ACTION City Council: 1. Adopt resolutions initiating proceedings to annex parcels within Tract 62343 into Landscape Maintenance District No. 1 (LMD No. 1) as Zone 30 and intent to order annexations into and creation of a new zone in the LMD No. 1, approve the Engineer's Report, and levy assessments beginning in Fiscal Year 2015-16. 2. Set a public hearing for January 13, 2015, as a time and place to hear comments on this proposed action, and close the time period to receive ballots. BACKGROUND On June 28, 2005, the City Council approved the final set of development conditions for the Penlon (approved under the name of Soledad Circle Estates) Tentative Tract Map 62343. This project consists of 137 single-family dwelling units. Pursuant to Conditions of Approval LD2, LD3, and LD4, the property owner shall annex the property into the City LMD for the maintenance and improvement of medians and streetscapes along the project's frontage on Soledad Canyon Road. In 2008, the property owner satisfied their initial conditions relating to the installation of median improvements by annexing into LMD Zone 2008-1 (Major Median Thoroughfares). This action will satisfy their conditions for the streetscapes. 1�-ceq The proposed LMD Zone 30 will fund costs associated with the maintenance of landscape improvements including, but not limited to, contractual services, utilities including water and electrical, administration, and the establishment of reserves for the future replacement of significant infrastructure. The Engineer's Report contains the proposed boundaries of LMD Zone 30, identifies the proposed facilities and services to be funded, determines the general and special LMD 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 these landscape and infrastructure improvements, and as a result, each parcel within LMD Zone 30 receives a special and distinct benefit from the improvements. The annual assessment to maintain the improvements associated with LMD 30 will be $29,179. Based on the number of units approved for construction, the annual assessment for a single-family detached residence will be $212.99 per equivalent benefit unit (EBU). The maximum assessment rate will adjust 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 City will begin levying properties commencing in Fiscal Year 2015-16. The cost to prepare the Engineer's Report and create LMD Zone 30 is estimated to be $9,750. While the City by law is responsible for retaining an assessment engineering firm to oversee the creation of the LMD zone, 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 this LMD zone. ALTERNATIVE ACTIONS 1. Do not adopt a resolution to annex Tract 62343 into Landscape District No. 1. 2. Other direction as determined by the City Council. FISCAL IMPACT There is no impact to the General Fund. All expenses associated with the creation of the LMD zone will be borne by the developer. ATTACHMENTS Resolution - Initiating Proceedings Resolution - Approving Engineer's Report and Intent to Order Annexations LMD Zone 30 Engineer's Report available in the City Clerk's Reading File 91 RESOLUTION 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, INITIATING PROCEEDINGS AND MAKING CERTAIN DESIGNATIONS IN CONNECTION WITH PROPOSED ANNEXATIONS INTO LANDSCAPE MAINTENANCE DISTRICT NO. 1 WHEREAS, the City Council of the City of Santa Clarita (the "City") desires to undertake proceedings pursuant to the provisions of the "Landscaping and Lighting Act of 1972," being Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500) (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 annex various properties in the City into and create new Zones within Landscape Maintenance District (LMD) No. 1 (the "Annexation") to fund the costs of installation, servicing, and maintenance of improvements within public rights-of-way and landscape easements within various areas in the City (the "Improvements"); and WHEREAS, the boundaries of the proposed Annexation shall be as described on the map presented to this Council and on file with the Special Districts Office and incorporated herein by reference; 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 Annexation. NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows: SECTION 1. The City Council of the City proposes to annex various properties into and create new Zones within LMD No. 1. The boundaries of said Annexation shall be as described on the map entitled "City of Santa Clarita Landscape Maintenance District No. 1 Zone 30 (Fenlon)," on file with the Special Districts Office. SECTION 2. The purpose of the Annexation is to fund the costs of installation, servicing, and maintenance of eligible improvements within public rights-of-way and dedicated landscape easements within various areas in the City. SECTION 3. Harris & Associates, an engineer registered pursuant to the Professional Engineers Act (Chapter 7, commencing with Section 670, of Division 3 of the Business and Professions Code), has been designated Assessment Engineer for the proposed Annexations. Hams & Associates is hereby ordered to prepare and file an "Engineer's Report" for the City Council's review, consideration, and adoption in accordance with the Act and the laws of the State of California. SECTION 4. This resolution shall take effect immediately. SECTION 5. 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 25th day of November 2014. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Kevin Tonoian, 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 25th day of November 2014, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK 2 -1/ RESOLUTION 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING AN ENGINEER'S REPORT AND DECLARING ITS INTENTION TO ORDER ANNEXATIONS INTO AND CREATION OF NEW ZONES IN LANDSCAPE MAINTENANCE DISTRICT NO. 1, 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") has initiated proceedings to annex various properties in the City into and create new Zones within Landscape Maintenance District (LMD) No. 1 (the "Annexation") pursuant to the provisions of the "Landscaping and Lighting Act of 1972," being Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500) (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 costs of installation, servicing, and maintenance of landscaped improvements within public rights-of-way and dedicated landscape easements within various areas in the City; and WHEREAS, the boundaries of the proposed Annexations shall be as described on the map entitled, "City of Santa Clarita Landscape Maintenance District No. 1 Zone 30 (Penlon)," presented to this Council and on file with the Special Districts Office and incorporated herein by reference; and WHEREAS, the Assessment Engineer, Harris & Associates, has filed with the Special Districts Office, and the City Clerk has presented to the City Council a report, dated November 4, 2014 (the "Engineer's Report"), regarding the proposed Annexations and containing the matters specified in Section 22586 of the Act; and 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, estimate of the cost of installation, servicing, and maintenance of landscaped improvements within public rights-of-way and dedicated landscape easements within various areas in the City (the "Improvements") and incidental expenses in connection therewith, the 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 6 corrected as provided in the Act. SECTION 3. The City Council hereby finds that the public interest, necessity, and convenience require the installation, servicing, and maintenance of the Improvements, and this City Council hereby declares its intention to annex various properties into and create new Zones within LMD No. 1. The boundaries of the Annexation shall cover the real property benefited by the Improvements and are described on the map entitled, "City of Santa Clarita Landscape Maintenance District No. I Zone 30 (Fenlon)," on file with the Special Districts Office. The City Council hereby declares and finds the land within the boundaries of the Annexation to be specially benefited by the Improvements and/or the maintenance thereof. SECTION 4. The purpose of Annexation is to fund the costs of installation, servicing, and maintenance of improvements within public rights-of-way and dedicated landscape easements within various areas in the City of benefit to the Property within the Annexation. All improvements and work to be funded by the Annexation shall be done in accordance with the Engineer's Report, on file in the Special Districts Office, 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 Improvements and the maintenance thereof, which may be funded by the Annexation, the boundaries of the Annexation, and the proposed assessments upon the assessable properties in the Annexation. SECTION 5. As set forth in the Engineer's Report, the maximum annual maintenance assessment rates will be increased each subsequent Fiscal Year by 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 if such index is discontinued). The actual assessment to be levied in each fiscal year will be as determined by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. If approved, the assessment will be levied beginning in Fiscal Year 2015-16. SECTION 6. The City Council appoints January 13, 2015, 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 Annexation thereof, 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 Improvements, or to the extent of the Annexation or to said proposed assessments. SECTION 7. The City Clerk is hereby directed to give notice of such hearing by mailing notices thereof, together with assessment ballots, in the time, form, and manner provided by Section 53753 of the California Government Code, and 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 City Clerk shall cause notice of the public hearing to be given by mailing, postage prepaid, in the United States mail, and such notice shall 2 V be deemed to have been given when deposited in such mail. The notice shall be mailed not less than forty-five (45) days before the date of the public hearing ordered herein. SECTION 8. The City Council designates Darren Hernandez, Deputy City Manager/Director of Administrative Services, and his designees, to answer inquiries regarding the assessment proceedings, the assessments, or the Annexation. The Engineer's Report and other written material about the Annexation may also be reviewed at the Special Districts office, 23920 Valencia Boulevard, Santa Clarita, California, during regular business hours. SECTION 9. This Resolution shall take effect immediately. SECTION 10. 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 25th day of November 2014. ATTEST: CITY CLERK DATE: 3 MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Kevin Tonoian, 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 25th day of November 2014, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 4 CITY CLERK Enqineer's Report for Annexation for the City of Santa Clarita Landscape Maintenance District No. 1 Zone 30 (Penson) Prepared for the City of Santa Clarita Los Angeles County, California November 4, 2014 City of Santa Clarita Landscape Maintenance District No. 1, Zone 30 (Penton) TABLE OF CONTENTS November 4, 2014 Certificates..................................................................................................................... l Report............................................................................................................................2 Part A - Plans and Specifications............................................................................3 Part B - Estimate of Cost.........................................................................................4 Part C - Method of Apportionment of Assessment.................................................6 Part D - Assessment Roll.......................................................................................10 Part E - Assessment Diagram................................................................................11 Q\Santa CluitaTenlon LMD FortnationTenlon LMD Report 11-04-14.doc Harris & Associates City of Santa Clarita November 4, 2014 Landscape Maintenance District No. 1, Zone 30 (Penton) Engineer's Report Page 1 CITY OF SANTA CLARITA ANNEXATION INTO LANDSCAPE MAINTENANCE DISTRICT NO.1 ZONE 30 (PENLON) ENGINEER'S REPORT CERTIFICATES The undersigned acting on behalf of Harris & Associates, respectfully submits the enclosed Engineer's Report as directed by City Council pursuant to the provisions of Section 4 of Article XIIID of the Califomia Constitution, and provisions of the Landscaping and Lighting Act of 1972, Section 22500 et seq. of the California Streets and Highways Code. The undersigned certifies that she is a Professional Engineer, registered in the State of California. Dated: November 4, 2014 uuk BY: Anna C. Tan-batue, P.E. R.I.E. No. I4356 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 12014. Kevin Tonoian, 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, Califomia, on the _ day of 2014. Kevin Tonoian, City Clerk City of Santa Clarita Los Angeles County, California M QASanta CladtatPenlon LMD FonnationTenlon LMD Report 11-04-14.doc Hams & Associates City of Santa Clarita November 4, 2014 Landscape Maintenance District No. 1, Zone 30 (Penton) Engineer's Report Page 2 FISCAL YEAR 2014-15 ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE, ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION, AND THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT (GOVERNMENT CODE SECTION 53750 ET SEQ.) Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, Article XIIID of the California Constitution (Proposition 218), the Proposition 218 Omnibus Implementation Act and in accordance with the Resolution of Initiation, adopted by the City Council of the City of Santa Clarita, State of Califomia, in connection with the proceedings for: ANNEXATION INTO LANDSCAPE MAINTENANCE DISTRICT NO. 1 ZONE 30 (PENLON) hereinafter referred to as the "Maintenance District" or "District", I, Anna C. Tan-Gatue, P.E., the authorized representative of Harris & Associates, the duly appointed ASSESSMENT ENGINEER, submit herewith the "Report" consisting of five (5) parts as follows: PART A — PLANS AND SPECIFICATIONS Contains a description of the improvements that are to be maintained or serviced by the District. PART B — ESTIMATE OF COST Identifies the estimated cost of the services or maintenance to be provided by the District, including incidental costs and expenses in connection therewith. PART C — METHOD OF APPORTIONMENT Describes the basis on which the costs have been apportioned to each parcel of land within the Maintenance District, in proportion to the estimated benefits to be received by such lots and parcels. PART D — ASSESSMENT ROLL Identifies the maximum assessment to be levied on each benefited lot or parcel of land within the Maintenance District. PART E — ASSESSMENT DIAGRAM Contains a Diagram of the exterior boundary of the Maintenance District, Zone 30. Q:\Santa ClaritaTenlon LMD FormationWenlon LMD Report I I-04-14.doc El Hams & Associates City of Santa Clarita November 4, 2014 Landscape Maintenance District No. 1, Zone 30 (Penton) Engineer's Report Page 3 PART A PLANS AND SPECIFICATIONS DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED The improvements proposed to be installed, maintained and serviced are generally described as improvements within public rights-of-way and dedicated landscape easements within various tracts and on individual parcels located throughout the City including, but not limited to: landscaping, planting, shrubbery, trees, grass, other ornamental vegetation, irrigation systems, hardscapes and fixtures; statuary, fountains and other ornamental structures and facilities; public lighting facilities; facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; and, park or recreational improvements, including, but not limited to, playground equipment, play courts, public restrooms, and trails. The District will fund costs in connection with the maintenance and servicing including, but not limited to, labor, electrical energy, water, materials, contracting services, administration, and other expenses necessary for the satisfactory maintenance and servicing of these improvements. 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; the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. 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. The plans and specifications for the improvements are voluminous and are not bound in this Report but by this reference are incorporated and made part of the Report; and are on file at the City. A summary of the plans and specifications are on file in the Special District's office. QASanta OwitaTenlon LMD FormationTenlon LMD Report I 1-04-14AM Harris & Associates City of Santa Clarita Landscape Maintenance District No. 1, Zone 30 (Penton) PART B ESTIMATE OF COST November 4, 2014 The estimated maximum costs for the operation, maintenance and servicing of the facilities, shown below, are the estimated costs of maintenance if the facilities were fully maintained for Fiscal Year 2014-15. The 1972 Act provides that the total cost of the maintenance and services, together with incidental expenses, may be financed from the assessment proceeds. The incidental expenses may include engineering fees, legal fees, printing, mailing, postage, publishing, and all other related costs identified with the district proceedings. The 1972 Act requires that a special fund be set-up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. The City may advance funds to the District, if needed, to ensure adequate cash flow, and will be reimbursed for any such advances upon receipt of assessments. Any surplus or deficit remaining on July 1 must be carried over to the next fiscal year. The maximum assessments are being set for FY 2014-15. Below is a summary of the FY 2014-15 budget for the Penton Landscape Maintenance District. FY 2014-15 Zone 30 (Penton) Budget Description 2014/15 Cost Estimate General Benefit Amount to Assessment Maintenance Costs: Penlon Road Monthly Trash Removal $3,000 $0 $3,000 Penlon Way Landscape Maintenance $786 $0 $786 Soledad Canyon Road Landscape Maintenance $6,719 ($1,680) $5,039 Sound Wall Landscape Maintenance $5,631 $0 $5,631 Administration $5,000 ($524)1 $4,476 Reserves Operating Reserve (50%) $10,568 ($1,101) $9,467 Annual Capital Replacement Reserve* $855 ($76) $779 Totals $32,560 ($3,381) $29,179 * Capital Replacement Reserve is based on a 25 year expected useful life for Soledad Canyon Road and Sound Wall planting areas, and a 75 year expected useful life for the Soledad Canyon Road Trees and Shrubs and the Sound Wall Vines. The Capital Replacement Reserve will be funded over time and will cease to be assessed when the reserve requirement has been met. QASwta Clanta\Penlon LMD FormationWenlon LMD Report 11-04-14.doc Hams & Associates City of Santa Clarita November 4, 2014 Landscape Maintenance District No. 1, Zone 30 (Penton) Engineer's Report Page 5 Capital Replacement Reserve Requirement Description FY 2014-15 Cost Useful Life Simple Depreciation General Benefit Annual Reserve Amount Soledad Canyon Road Planting Area Replacement $8,722 25 $348.88 ($36.32) $312.56 Soledad Canyon Road Shrub Replacement $19,500 75 $260.00 ($27.07) $232.93 Soledad Canyon Road 24" Box Tree Replacement $9,000 75 $120.00 ($12.49) $107.51 Sound Wall Landscape Planting Area Replacement $2,012 25 $80.47 $0.00 $80.47 Sound Wall Landscape Wall Vines Replacement $3,450 75 $46.00 $0.00 $46.00 $42,684 $855.35 ($75.88) $779.48 Q:\Saba ClaritaTenlon LMD FonnationTenlon LMD Report 11-04-14.dm Harris $ Associates City of Santa Clarita November 4, 2014 Landscape Maintenance District No. 1, Zone 30 (Penton) Engineer's Report Page 6 PART C METHOD OF APPORTIONMENT OF ASSESSMENT The following is the assessment methodology for Zone 30 (Penlon): Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of Maintenance Districts by cities for the purpose of providing certain public improvements which include the construction, maintenance and servicing of street lights, traffic signals and landscaping facilities. Section 22573, Landscaping and Lighting Act of 1972 requires that maintenance assessments be levied according to benefit rather than according to assessed value. This section states: "The net amount to be assessed upon lands within a Maintenance District may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The Act permits the designation of zones of benefit within any individual Maintenance District if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements." (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." 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. Proposition 218 provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. REASON FOR THE ASSESSMENT The assessment is proposed to be levied to defray the costs of the installation, maintenance and servicing of improvements, as previously defined herein in Part A of this Report. SPECIAL BENEFIT ANALYSIS In determining the proportionate special benefit derived by each identified parcel, the proximity of the parcel to the public improvements detailed in Part A above, and the capital, maintenance and operating costs of said public improvements, was considered and analyzed. Due to the close proximity of the parcels to the improvements detailed in Part A above, it has been demonstrated and determined that the parcels are uniquely benefited by, and receive a direct advantage from, and are conferred a particular and distinct special benefit over and above general benefits by, said public improvements in a way that is particular and distinct from its effect on other parcels and that real property in general and the public at large do not share. 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. The Soledad/Penlon "Trestles" (Tract 62343) development consists of residential units, so the development is assessed based the residential units or the equivalent benefit units. There are a total of 137 dwelling units planned within the Tract 62343. Q:\Santa ClaritaTenlon LMD FortnationTenlon LMD Report 11.04-14.doe 01 Harris & Associates City of Santa Clarita November 4, 2014 Landscape Maintenance District No. t, Zone 30 (Penton) Engineer's Report Page 7 Street Landscaoine Trees, landscaping, hardscaping, ornamental structures and appurtenant facilities, if well maintained, confer a particular and distinct special benefit upon real property within each Zone of Benefit by providing beautification, shade and positive enhancement of the community character, attractiveness and desirability of the surroundings. In addition, all of the aforementioned contributes to a specific increase in property desirability and a specific enhancement of the property value of each parcel within each Zone of Benefit. In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated: "... there is no lack of opinion, based on general principals and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly.... Indeed, in most cases where public money has been spent for parkways the assumption has been definitely made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City,..." It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping along side the roadway. Greenbelts. Landscaping along greenbelts, if well maintained, confer a particular and distinct special benefit upon real property within each Zone of Benefit by providing beautification and positive enhancement of the community character, attractiveness and desirability of the surroundings. In addition, all of the aforementioned contributes to a specific increase in property desirability and a specific enhancement of the property value of each parcel within each Zone of Benefit. In "Greenways for America" by Charles E. Little, it is stated: "... [real estate] agents routinely advertise properties as being on or near the trail.... property near but not immediately adjacent to the Burke -Gilman Trail is significantly easier to sell and, according to real estate agents, sells for an average of 6 percent more as a result of its proximity to the trail. Property immediately adjacent to the trail, however, is only slightly easier to sell .... trails are an amenity that helps sell homes, increase property values and improve the quality of life." Additionally, the National Recreation and Park Association, in June 1985, stated: "The recreation value is realized as a rise in the value of land and other property in or near the recreation area, and is of public interest to the taxpayers, who have a stake in a maximum of total assessed values." Operation and maintenance of the greenways within the City confers a particular and distinct special benefit to those properties within the community immediately surrounding the improvements. The landscaping improvements along Penlon Way, and the sound wall landscaping adjacent to the development were installed by the developers, subdividers of the land, and the continued maintenance of those improvements and of the Native Landscaping Area (abandoned portion of Penlon Road) adjacent to the development was guaranteed through the establishment of a Landscape Maintenance District. 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 QASanta Clarita\Penlon LMD FOrrnationTenlon LMD Report 1 I-04-14Aoc Hams & Associates City of Santa Clarita November 4, 2014 Landscape Maintenance District No. 1, Zone 30 (Penton) Engineer's Report Page 8 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. Therefore we assigned 100% of the benefit to special benefits for the monthly trash removal in the Native Landscaping area, landscaping along Penlon Way, and the Sound Wall landscaping to the properties within Tract 62343. The landscaping improvements along Soledad Canyon Road adjacent to the development was also installed by the developers and the continued maintenance of those improvements was guaranteed through the establishment of a Landscape Maintenance District. 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. A portion of Soledad Canyon Road appears to veer away from the development and therefore, the improvements along Soledad Canyon Road provides some general benefit. Of the total benefit for the Soledad Canyon Road landscaping, 50% of the benefit is considered special benefit because landscaping improvements are a condition of the development and 25% of the benefit is considered special benefit due to the proximity of the improvements to the development. Therefore, for the Soledad Canyon Road landscaping, a total of 75% of the benefit is considered special benefit conferred on the properties within Tract 62343. General Benefits The Penlon Way and Sound Wall improvements adjacent to the development reside solely within the boundary of the development and outside the public right-of-way. The general benefits associated with trees, landscaping improvements, hardscaping, ornamental structures and appurtenant facilities are considered incidental. The landscape improvements herein confer special benefits that affect the assessed property in a way that is particular and distinct from the effects on other parcels and that real property in general and the public at large do not share. Therefore, we have determined there are no general benefits related to the landscaping improvements along Penlon Way and the Sound Wall. Also, it has been determined that there are no general benefits related to the monthly trash removal along the Native Landscape area adjacent to the development. Operation and maintenance of the landscape improvements along Soledad Canyon Road provides tangible benefits to those traveling through the area that do not reside within Tract 62343. Based on the assignment of special benefit above, we determine that 25% of the benefits are general benefits. SPECIAL BENEFIT APPORTIONMENT The Soledad/Penlon "Trestles" development is located on the south side of Soledad Canyon Rd, west of Sierra Highway, and east of Bouquet Canyon Rd and is comprised of residential land uses that will receive special benefit from the landscaping improvements within and directly adjacent to the development. The maintenance of the landscaping on Penlon Way, Soledad Canyon Road, and the Sound Wall, as well as the monthly trash removal within the abandoned Penlon Road area will be assessed annually within the Zone 30 (Penton). Q:\SantaC1uita\Pen1on LMD Formation\Penlon LMD Report 11-04-14.dm Harris & Associates City of Santa Clarita November 4, 2014 Landscape Maintenance District No. 1, Zone 30 (Penton) Engineer's Report Page 9 Equivalent Benefit Units All the parcels in Soledad/Penlon "Trestles" development 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. Each residential unit shall be assessed one (1) Equivalent Benefit Unit (EBU) Vacant land shall be assessed its proportionate share of the proposed EBUs based on acreage, or 6.94 EBUs per gross acre. (137 EBUs divided by 19.73 gross acres) This assessment methodology is summarized in the following tables: Proposed Land Use Proposed Land Use No. of Dwelling Units Non -Residential Parcel Area (AC) EBUs Residential 137 0.001 137.00 Existing Land Use Exsiting Land Use No. of Parcels Gross Parcel Area (AC) EBUs Vacant 6 19.731 137.00 ASSESSMENT APPORTIONMENT AND RATES The table below provides the assessment apportionment for the annexation area and shows the estimated maximum annual assessment rate per Equivalent Benefit Unit for FY 2014-15. FY 2014-15 Budget No. of EBUs FY 2014-15 Max AsmY $29,179 137.00 $212.99 /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 ("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. Q:\Santa CluitaTenlon LMD FonnationTenlon LMD Report 11-04-14.dm Hams & Associates City of Santa Clarita November 4, 2014 Landscape Maintenance District No. 1, Zone 30 (Penton) Engineer's Report Page 10 PART D ASSESSMENT ROLL The Assessment Roll below is a listing of the proposed maximum assessment for Fiscal Year 2014- 15 apportioned to each lot or parcel, as shown on the last equalized roll of the Assessor of the County of Los Angeles. 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 part of this Report. Assessor's FY 14-15 Parcel No' EBUs Max. Asmt 2836-002-038 73.48 $15,650.51 2836-002-047 26.22 $5,584.60 2836-003-010 19.67 $4,189.51 2836-003-017 8.78 $1,870.05 2836-003-018 4.79 $1,020.22 2836-003-019 4.06 $864.74 137.00 $29.179.63 Q .Sema ClatitaTenlon LMD FormationTenlon LMD Report 11-04-14.doc Hams & Associates City of Santa Clarita November 4, 2014 Landscape Maintenance District No. 1, Zone 30 (Penton) Engineer's Report Page 11 PART E ASSESSMENT DIAGRAM Assessment Diagram for the Maintenance District Annexation is provided below. City of Santa Clarita Landscape Maintenance District No. 1 Zone 30 (Penton) Legend District Boundary ip Parkway Landscaping to be Maintained Ci Native Landscape Trash Removal Area ■:Wall Landscaping to be Maintained APNs: 2836-002-038 _ 2836.002-047 ` 2836.003-010 2836-003-017 i 2836.003-018 ,`- 2836-003-019 Q:\Santa Clarita\Fenlon LMD Formation\Fenlon LMD Report 11-04-14.doc N I Harris & Associates