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HomeMy WebLinkAboutCC Reso No 2007-180RESOLUTION NO. 2007 -180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1 AS ANNEXATION AREA NO. 20 (CALIFORNIA BUSINESS CONDOS) WHEREAS, the City Council of the City of Lake Elsinore, pursuant to the provisions of the Landscaping and Lighting Act of 1972 being Division 15 of the Streets and Highways Code of the State of California (the "Act'), did on the 25th day of September, 2007, adopt a resolution initiating proceedings for the annexation of certain property (the "Annexed Area ") into the Landscape and Street Lighting District No. 1 (the "District") as Annexation Area No. 20 (California Business Condos), (the "Annexation "), for the purposes provided therefore in the Act; and WHEREAS, the majority of property owners of said Annexation have submitted a signed petition in favor of the proposed assessment for the Annexation; and WHEREAS, said Resolution was duly and legally published in the time, form, and manner as required by law, and which Resolution is on file in the Office of the City Clerk; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require that if the assessment is new, a notice of the proposed assessment, along with a ballot, shall be mailed to all owners of identified parcels within the Annexation, and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, a notice and assessment ballot were mailed to each property owner within the Annexation and, at the close of the public hearing, the assessment ballots were opened and tabulated by the City Clerk and showing that no majority protest exists; and WHEREAS, said petition and assessment ballots are on file in the Office of the City Clerk; and WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is designated Landscape and Street Lighting District No. 1, Annexation Area No. 20 (California Business Condos), showing the boundaries of the Annexation, which are benefited by the improvements and the amount to be assessed against each of the parcels within the Annexation; and WHEREAS, the diagram and assessment have been filed with the City Clerk and are open to public inspection and may be referred to for all details regarding the improvements, the boundary of the Annexation, the assessments, the total costs, and the description of the parcel to be assessed; and WHEREAS, the City Council has examined and considered the diagram, the assessments, and the proceedings prior thereto; and WHEREAS, said City Council having duly received and considered evidence, oral and documentary, concerning the jurisdiction facts in the proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom, and said City Council having now acquired jurisdiction to order the proposed work. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: SECTION 1. That the above recitals are true and correct. SECTION 2. That the City hereby proposes an annual levy of assessments for the Landscape and Street Lighting District No. 1, Annexation Area No. 20 (California Business Condos). Installation, construction, or maintenance of any authorized improvements under the Act, including,.but not limited to, streetlight and landscape improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. SECTION 3. The City Manager has directed to cause the preparation of a report in accordance with Article 4 of the Act for the Annexation and which is on file with the City Clerk. SECTION 4. A diagram for the Annexation (Section 22570 of the Streets and Highways Code) and an assessment (Section 22572 of the Streets and Highways Code) showing the area to be benefited and assessed for the improvements has been prepared as Exhibit "A." The diagram, assessments, and improvement plans have been filed with the City Clerk. SECTION 5. The City Council hereby finds that each and every part of the Engineer's Report is sufficient and the City Council hereby approves, passes on, and adopts the Engineer's Report as submitted to the City Council and filed. with the City Clerk. SECTION 6. The City Council does hereby reference the Engineers Report that indicates the amount of the assessments, the Annexation boundary, detailed description of improvements, and the method of assessment. The Engineer's Report is on file in the office of the City Clerk and reference to the Engineer's Report is hereby made for all particulars. 2 SECTION 7. That the maintenance works of improvements contemplated by the Resolution of Intention shall be performed pursuant to law and the County Auditor shall enter on the County Assessment Roll the amount of the Assessment and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City. SECTION 8. The City Clerk shall certify to the adoption of this Resolution. SECTION 9. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND AC Council of the City of Lake Elsinore, California, ATTEST: L L. L, VIVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE MAYOR 3 a regular meeting of the City y;af O¢tolyer, 2007. E. MAGEE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2007 -I80 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 23`d day of October, 2007, and that the same was adopted by the following vote: AYES: MAYOR ROBERT E. MAGEE MAYOR PRO TEM DARYL HICKMAN COUNCILMEMBERS THOMAS BUCKLEY, GENIE KELLEY AND ROBERT SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE LL. � VIVIAN M. MUNSON CITY CLERK EXHIBIT A ANNEXATION NO. 20 (CALIFORNIA BUSINESS CONDOS) TO LANDSCAPE AND STREET LIGTHTING MAINTENANCE DISTRICT NO. 1 Annexation No. 20, City of Lake Elsinore September 17, 2007 Landscape and Street Lighting Maintenance District No. 1 Page i ENGINEER'S REPORT ANNEXATION NO. 20 to the LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 The undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that she is a Professional Engineer, registered in the State of California. DATED: September 17, 2007 E. NO, 41965 BY: Joan E. Cox * EXP. 3/31/08 R.C.E. No. 41965 sT / I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Diagram thereto attached, was filed with me on the _ day of . 2007. City Clerk, City of Lake Elsinore Riverside County, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Diagram thereto attached, was approved and confirmed by the City Council of the City of Lake Elsinore, California, on the _ day of _ . 2007. City Clerk, City of Lake Elsinore Riverside County, California 0 e:Mpaltza\debt management files for mattMlmdUlmd annex 20 401 - mWean - annex no. 20 Ilmd engineees report (cbc).doc Annexation No. 20, City of Lake Elsinore September 17, 2007 Landscape and Street Lighting Maintenance District No. 1 Page ii ENGINEER'S REPORT ANNEXATION NO. 20 to the LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1 TABLE OF CONTENTS Certif icates.......................................................................... ............................... i Report................................................................................. ..............................1 Part A - Plans and Specifications .......................... ............................... 3 Part B - Estimate of Cost ....................................... ............................... 6 Part C - Assessment Roll ....................................... ............................... 7 Part D - Method of Apportionment of Assessment .............................. 8 Part E - Property Owner List ................................. .............................10 Part F - Assessment District Boundary ................. .............................10 uAmpaltm debt management files for maftUlmdUlmd annex 20 -\01- mlGean - annex no. 20 Ilmd engineer's report (cbc).doc Annexation No. 20, City of Lake Elsinore September 17, 2007 Landscape and Street Lighting Maintenance District No. 1 Pa¢e 1 CITY OF LAKE ELSINORE ENGINEER'S REPORT Prepared Pursuant to the Provisions of the Landscaping and Lighting Act of 1972 (California Streets and Highways Code Section 22500 through 22679), Article X1IID of The California Constitution, and The Proposition 218 Omnibus Implementation Act (California 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 XIDD of the California Constitution, the Proposition 218 Omnibus Implementation Act and in accordance with the Resolution of Initiation adopted by the Council of the City of Lake Elsinore, State of California, in connection with the proceedings for: CITY OF LAKE ELSINORE ANNEXATION NO. 20 to the LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 hereinafter referred to as the "Assessment District" or "District ", I, Joan E. Cox, 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 for the improvements showing and describing the general nature, location and extent of the improvements. PART B An estimate of the cost of the proposed improvements for FY 2007 -08, including incidental costs and expenses in connection therewith. PART C An assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District. Ompaltatdebt management files for matiVlmdVlmd annex 20 -\07 - rolldean - annex no. 20 11md engines$ report (cbc).doc Annexation No. 2o, City of Lake Elsinore September 17, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 2 PART D The method of apportionment of assessments, indicating the proposed assessment of the total amount of the costs and expenses of the improvements 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. PART E A list of the names and addresses of the owners of real property within the Assessment District, as shown on the last equalized roll of the Assessor of the County of Riverside. PART F The Diagram of the Assessment District Boundaries showing the exterior boundaries of the Assessment District, the boundaries of any zones within the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District. ulmpaltzaklebt management files for matNlmdVlmd annex 20 401 - mitclean - annex no. 20 11md engineer's report (cbc).doo Annexation No. 20, City of Lake Elsinore September 17, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 3 PART A PLANS AND SPECIFICATIONS The facilities will be operated, serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS, FY 2007 -08 The facilities to be maintained and serviced include landscaping for the specific Maintenance District as described herein. Facilities include but are not limited to: landscaping, planting, shrubbery, trees, turf, irrigation systems, hardscapes, fixtures, and appurtenant facilities, in public rights -of -way, parkways, slopes and dedicated easements within the boundaries of said Maintenance District. Zone 1 (the original District) - Encompasses the Water Ridge Development and funds landscape and street lighting maintenance and operations. Zone 2 (Annexation No. 1) — Encompasses the Elsinore Homes Development and funds landscape and street lighting maintenance and operations. Zone 3 (Annexation No. 2) — Encompasses the Pepper Grove Development and funds landscape and street lighting maintenance and operations. Zone 4 (Annexation No. 3) — Encompasses the Serenity Development and funds landscape and street lighting maintenance and operations. Zone 5 (Annexation No. 4) — Encompasses the Rosetta Canyon Development and funds street lighting maintenance and operations. . Zone 6 (Annexation No. 5) — Encompasses the La Laguna Phase 3 Development and funds street lighting maintenance and operations. Zone 7 (Annexation No. 6) — Encompasses Tract 28214 of the Alberhill Ranch Development and funds street lighting maintenance and operations. Zone 8 (Annexation No. 7) — Encompasses Tract 32670 of the Belcaro Development and funds landscape maintenance and operations. Zone 9 (Annexation No. 8) — Encompasses Tract 32077 of the La Strada Development and funds street lighting maintenance and operations. Zone 10 (Annexation No. 9) — Encompasses Tracts 30698 and 32129 of the Clurman -owned development and funds street lighting maintenance and operations. Zone 11 (Annexation No. 10) — Encompasses Tract 31920 -1 of the Summerly Development and funds park landscaping and street lighting maintenance and operations. Ompaltraldebt management flies for mattlltmdlllmd annex 20 -101 - mlGean - annex no. 20 Ilmd engineer's report (cbc).doc Annexation No. 20, C Landscape and Street of Lake Elsinore Maintenance District No. 1 September 17, 2007 Paee 4 Zone 12 (Annexation No. 11). — Encompasses Tract 31957 of the development owned by Lake Elsinore 80 SFR LLC and funds landscaping and street lighting maintenance and operations. Zone 13 (Annexation No. 12) — Encompasses Tract 33370 of the Tessera Development and funds landscaping and street lighting maintenance and operations. Zone 14 (Annexation No. 13) — Encompasses Tract 31792 of the Wasson Canyon Development and funds street lighting maintenance and operations: Zone 15 (Annexation No. 14) — Encompasses Tract 34231 of the Trieste Development and funds landscaping and street lighting maintenance and operations. Zone 16 (Annexation No. 15) — Encompasses the Ridgestone Apartments Development and funds landscape maintenance and operations. Zone 17 (Annexation No. 16) — Encompasses Tract 32503 of the Rosetta Canyon Development and funds street lighting maintenance and operations. Zone 18 (Annexation No. 17) — Encompasses Tract 32337 -1 of the La Laguna Phases 4 & 5 Development and funds street lighting maintenance and operations. Zone 19 (Annexation No. 17) - Encompasses Tract 32337 -2 of the La Laguna Phases 4 & 5 Development and funds street lighting maintenance and operations. Zone 20 (Annexation No. 18) — Encompasses Tract 17413 -4 of the Tuscany Hills Estates Development and funds landscape maintenance and operations. Zone 21 (Annexation No. 19) — Encompasses Tract 33486 of the Makenna Court Development and funds landscaping and street lighting maintenance and operations. Zone 22 (Annexation No. 20) — Encompasses the California Business Condos Development and funds landscape maintenance and operations. The facilities in Zone 22 are specifically described as follows: • Landscaping within the public right -of -way (Minthorn Street), approximately 4,150 square feet • Future maintenance of landscaping within the public right -of -way (Silver Street), approximately 3,900 square feet Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping and appurtenant facilities, including repair, removal or replacement of all or part of any of the 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 trinunings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. uAmpaltzaXdebt management files for madYlmdNlmd annex 20 -\01 - mirJean - annex no. 20 llmd engineers report (cbc).doc Annexation No. 20, City of Lake Elsinore September 17, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 5 Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the lighting facilities, or for the lighting or operation of the landscaping or appurtenant facilities. The plans and specifications for the improvements, showing and describing the general nature, location, and the extent of the improvements, are on file in the office of the Director of Public Works and are incorporated herein by reference. u:4npalt m \debt management files for matt\llmcMlmd annex 20 - 101 - roWean - annex no. 20 11md engineer's mport (cbc).doc Annexation No. 20, City of Lake Elsinore September 17, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 6 PART B ESTIMATE OF COST The estimated cost of the operation, servicing and maintenance of the landscaping improvements for Fiscal Year 2007 -08, as described in Part A, are summarized herein and described below. ANNEXATION NO. 20 to the LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1 Proposed Budget — Fiscal Year 2007 -08 Zone 22, Fiscal Year 2007 -08 Estimated Costs Minthom Street Operations and Maintenance $ 1,470.07 Reserve (50 %) 735.03 Sub -Total $ 2,205.10 Future Maintenance — Silver Street Operations and Maintenance $ 1,381.51 Reserve (50 %) 690.75 Sub -Total $ 2,072.26 District Administration $ 500.00 Total Estimated Costs $4,777.36 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. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year, u:lmpaltzaldebt management files for mattVlmdVlmd annex 20 -101 - roilclean - annex no. 20 Ilmd engineer's report (cbc).doc Annexation No. 20, City of Lake Elsinore September 17, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 7 PART C ASSESSMENT ROLL The total proposed assessment for Fiscal Year 2007 -08 and the amount of the total proposed assessment apportioned to each lot or parcel within Zone 22 of the District, as shown on the latest assessment roll at the Riverside County Assessor's Office, are contained in the Assessment Roll provided below. The description of each lot or parcel is part of the Riverside County assessment roll and this roll is, by reference, made part of this Report. Assessor's Parcel Number EDU's FY 2007 -08 Max. Asmt 377 -160 -008 30.00 $4,777.50* *The maximum assessment is $0.14 more than the estimated budget due to rounding of the assessment per dwelling unit. u:VnpaltzaWebt management files for mattVlmOlmd annex 20 401 - roWean - annex no. 20 Ilmd engineer's report (cbc).doo Annexation No. g0, City of Lake Elsinore September 17, 2007 Landscape and Street Lighting Maintenance District No. 1 Paae 8 PART D METHOD OF APPORTIONMENT OF ASSESSMENT GENERAL Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment district by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals and landscaping. Section 22573 of the Landscaping and Lighting Act of 1972 (the 1972 Act) 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 an assessment 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. 11 The 1972 Act permits the designation of zones of benefit within any individual assessment 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 hue "assessment" based on the actual benefit rather than a "special tax." In addition, Proposition 218, the "Right to Vote on Taxes Act" which was approved on the November 1996 Statewide ballot and added Article XMD to the California Constitution, requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XMD provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. Article XIIID also requires that publicly owned property which benefit from the improvements be assessed. REASON FOR THE ASSESSMENT The assessment is proposed to be levied to pay for the costs of the construction, servicing and maintenance of landscaping and appurtenant improvements within the District. SPECIAL BENEFIT ANALYSIS Street Landscaping, Slopes and Greenbelts. Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings, and therefore increase property value. In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated: 11... 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,..." wlmpaltraWebt management files for mattVlmdVlmd annex 20 -101 - milclean - annex no. 20 11md englneefs report (cbc).doc Annexation No. 20, City of Lake Elsinore September 17, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 9 It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping along side the roadway. The ongoing operation and maintenance of the street landscaping, slopes and greenways within the individual district, as identified in Part A of this Report, provide beautification to the areas that result in a special benefit to the parcels within the tracts adjacent to the improvements. If these landscaped areas were not properly maintained, the tract would be blighted. The City of Lake Elsinore considers the maintenance and upkeep of parkways and adjacent slopes to be the responsibility of the adjacent development due to the added beautification of the local community which extends to the perimeter of the development. ASSESSMENT METHODOLOGY Eouivalent Dwelling Units To establish the special benefit to the individual parcels within Zone 22 of the District, an Equivalent Dwelling Unit system is used. Each parcel of land is assigned Equivalent Dwelling Units ("EDU's") in proportion to the estimated special benefit the parcel receives relative to the other parcels within the District from the streetlights. The single - family detached (SFD) residential parcel has been selected as the basic unit for calculation of assessments; therefore, the SFD residential parcel is defined as one Equivalent Dwelling Unit (EDU). A methodology has been developed to relate all other land uses to the SFD residential land use as described below. Developed Non - Residential (Non -Res). Developed non - residential properties are defined as improved commercial, industrial and institutional properties (such as school property or churches). In converting these properties to EDU's, the size of the parcels are compared to the average size of a single - family residential lot, which is 7,200 square feet. This equals approximately 6 SFR lots per acre of land. Therefore, developed non - residential parcels are assigned EDU's at a rate of 6 EDU's per acre. Vacant. Based upon the opinions of professional appraisers, appraising current market property values for real estate in Southern California, the land value portion of a property typically ranges from 20 to 30 percent of the property's total value. Additionally, the utilization of vacant property is significantly less than improved property and vacant property has a traffic generation rate of 0. Therefore, vacant parcels will be assessed at the rate of 25% of Non -Res properties, or 1.5 EDU per acre or any portion thereof. The table below provides the assessment apportionment for Zone 22. Max. Maint. Asmt Actual Asmt Total Max. Asmt EDU's per EDU (FY 2007.08)* per Unit (FY 2007 -08) For District 30.00 $159.25 $0.00 $4,777.50 * The maximum annual maintenance assessments shall be increased each year by 2 %. 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. Ompsltzatdebt management files for matt111mdMImd annex 20 -WI - mjWean - annex no. 20 Ilmd engineers report (cbc).doc Annexation No. 20, City of Lake Elsinore September 17, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 10 PART E PROPERTY OWNER LIST A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Riverside, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll, Part C of this Report. PART F ASSESSMENT DISTRICT BOUNDARIES Diagrams showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District are provided on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Riverside for Fiscal Year 2007 -08. The Assessor's maps and records are incorporated by reference herein and made part of this report. o:lmpaltzatdebt management files for matNlmdUlmd annex 20 - \01 - roWean - annex no. 20 Ilmd engineaes report (cbc).doc SCALE: 1' -4a VANO SCAU The parcel numbers above correspond to the Assessor's maps of the Assessor of the Countyof:. Riverside for Fiscal Year 2007 -08. Annexation No. 20 to the Landscape and Street Lighting: '.Maintenance: District No. 1 Assessment Diagram Page 1 of 1 -