Agenda Item No. 12
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Katrina Kunkel, Associate Engineer +`4--
FOR: City Council Meeting of January 23, 2023
SUBJECT: Annexation of Tract Map No. 17349 into Landscaping and Lighting Maintenance District No. 1 (Zone "FFF")
RECOMMENDATION:
That City Council:
1. Conduct a Public Hearing and subsequently adopt Resolution No. 2023-01, approving the annexation of Tract Map No. 17349 into the City of Yucaipa Landscaping and Lighting Maintenance District No. 1; and
2. Adopt the methodology for and enact the assessments therein.
BACKGROUND/DISCUSSION:
To guarantee funds for the ongoing maintenance and servicing of specified improvements within the public right-of-way and dedicated easements in new developments within the City of Yucaipa, the City Council formed the City of Yucaipa Landscaping and Lighting Maintenance District No. 1 (LLMD) on September 9, 1991. The LLMD provides a funding mechanism for costs associated with improvements that provide a direct benefit to properties within each zone. Since the formation of the LLMD, all tracts and parcel maps which create new street intersections requiring streetlights and/or landscaped areas and maintained drainage facilities, are required to annex into the LLMD as separate zones, unless the developer sets up a Homeowners Association (HOA). LLMD zones ensure public areas receive the appropriate maintenance that benefits homeowners within the residential developments.
The methodology establishing the Maintenance District has been amended to allow the annual levy to occur during the warranty period or for the first fiscal year of annexation. This will allow the buildup of a capital reserve fund for the purposes of funding the costs of vandalism, inclement weather (such as a hard freeze or severe erosion), damage done by vehicular traffic, and the coverage of any delinquent property taxes. It is anticipated that annual assessments for this subdivision will be levied during the 2023-2024 fiscal year. 671
City Council Meeting of January 23, 2023
Resolution No. 2023- Annexation of Tract Map No. 17349 into LLMD
It is important to note that the assessments levied for the costs associated with these maintenance district zones only apply to the properties located within the boundaries of a particular subdivision and that no other property owners will be assessed for any of the maintenance costs.
Tract Map No. 17349 contains 22 residential lots and is located on Stacey Lane at the east end of Hollow Creek Drive. This project was conditioned to annex into LLMD No. 1 as part of the entitlement and approval process for the subdivision. The developer wishes to have the energy charges and maintenance costs for 3 street lights, the stormwater drainage system and 10,311 square feet of landscape maintenance area placed into the LLMD.
In accordance with the provisions of Proposition 218, (the right to vote Act), passed by voters in November of 1996, it is necessary to vote on the annexation and levy of assessment by ballot by the owners of the subdivision being annexed into the district. A notice of the hearing and ballots were provided to the property owner of all 22 parcels.
The City must conduct a public hearing upon the proposed assessment not less than 45 days after mailing the notice of the proposed assessment to record owners of each identified parcel within the proposed zone. At the public hearing, the City Council considers all protests against the proposed assessment and tabulates the ballots. The City shall not impose an assessment if there is a majority protest. A majority protest exists if, upon conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment weighted on financial obligation. Staff did not receive any protests or ballots in opposition of the assessment for this subdivision.
The maintenance cost for street light energy charges and landscape/drainage maintenance for Tract Map No. 17349 is estimated to be $200.00 per dwelling unit per year.
The annual increase of assessments includes an escalator clause to adjust the operation and maintenance based on the change in the Consumer Price Index for the Riverside -San Bernardino - Ontario, Metropolitan Area for All Urban Consumers.
FISCAL IMPACT:
Maintenance costs for lighting and landscape maintenance are paid by the affected property owners of this tract. There will be no financial impact on the City's General Fund.
Attachments: Resolution No. 2023-01
Excerpt from Engineer's Report
Engineer's Report for Tract 17349 is in the Office of the City Engineer Tract Map 17349
Location Map
Approved by:_f
U
672
RESOLUTION NO.2023-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA FOR THE ANNEXATION OF TRACT MAP NO. 17349 TO CITY'S
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1,
THE LEVY OF AN ASSESSMENT ON SUCH PROPERTY, AND
APPROVING THE ENGINEER'S REPORT
WHEREAS, the City of Yucaipa (the "City") has received a written request from the owner of the property comprising of Tract Map No. 17349 in the City requesting that such property (the "Property") be annexed to City of Yucaipa Landscaping and Lighting Maintenance District No. 1 thereof for the maintenance, servicing and operation of public landscaping, energy charges and maintenance, servicing and operation of street lights and appurtenant facilities; and WHEREAS, the City Council has received an Engineer's Report prepared by the developer's engineer as required by the City of Yucaipa with regard to the annexation of the Property to the District and levy of a proposed assessment thereon for the 2023-2024 fiscal year (the "Report"), which contains all matters required by Section 22567 of the California Streets and Highways Code and Section 4 of Article XIIID of the California Constitution; and WHEREAS, the City Council has determined that the Property should be annexed to the District, that the Report should be approved, and that the City Council should fix the time and place for a public hearing at which the City Council will receive testimony regarding the proposed assessment of the annexation of the Property to the District and the levy of the proposed assessment thereon.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED
BY THE CITY COUNCIL OF THE CITY OF YUCAIPA AS FOLLOWS:
Section 1. The Report is approved. The City Council declares its intention to order the annexation the Property to the District and to levy an assessment on the Property for the 2023-2024 fiscal year in an amount which shall not exceed the amount set forth in the Report.
Section 2. The improvements which are to be provided within the District and for the benefit of the Property are generally described as the installation and planting of landscaping, irrigation systems and appurtenant facilities, drainage facilities, energy charges and maintenance of street lights, all of which shall be maintained as provided in the Act.
Section 3. The Property to be annexed to the District is all of the property which is comprised of Tract Map No. 17349 in the City as shown on the map thereof which is on file in the office of the Director of Development Services/City Engineer. 673
Resolution No. 2023-01
Page Two
Section 4. Reference is made to the Report, a copy of which is on file with the City Clerk for a full and detailed description of the improvements, the Property which is to be annexed to the District and the proposed assessments upon the assessable lots and parcels of land into which the Property will be subdivided upon the recording of the final subdivision map or maps of Tract Map No. 17349.
Section 5. A public hearing on the question of the annexation of the Property to the District and the levy of the proposed assessment on the Property was conducted by the City Council at 6 p.m. on January 23, 2023 in the City Council Chambers at 34272 Yucaipa Boulevard in the City of Yucaipa, California. The City Council has allowed public testimony regarding the assessment which is proposed to be levied on the Property upon its annexation to the District at 6 p.m. during its regular meeting on January 23, 2023. Pursuant to Section 4 of Article XIIID of the California Constitution and Section 53753 and Section 54954.6 of the California Government Code, the City Clerk shall mail a written notice of the time and place of such public meeting and the time and place of such public hearing to the record owner of each parcel of the Property and a ballot whereby each such owner may indicate his or her name, reasonable identification of his or her parcel and support or opposition for the proposed annexation of the Property to the District and the proposed assessments thereon. Such notice and ballot shall in all respects conform to the requirements of subdivision (c) and (d) of Section 4 of Article XIIID of the California Constitution and Section 53753 of the California Government Code.
PASSED, APPROVED and ADOPTED this 23rd day of January, 2023.
ATTEST:
KIMBERLY J. METZLER
CITY CLERK
JUSTIN BEAVER, MAYOR
674
Excerpt from Engineer's Report
LLMD Zone FFF
ESTIMATE OF YEARLY MAINTENANCE COST
Street Light Maintenance 3 Ea. @ $150.00 $ 450.00
Drainage Structures 1059.50
Landscape Maintenance (10,311 SQ. FT.) 2300.00
Subtotal 3950.00
Administration @ 5% _ $3950.00 @ 5% 190.48
Subtotal $ 3999.98
10%Capital Improvement Reserve Fund 400.00
Total Annual $ 4400.00
Per EDU (22 new residences) $ 200.00
675
COMPOSITE DEVELOPMENT PLAN NO :
A QVIOSITE DEl O'khT PLAN (C.D.P.) AETECTUR THIS WP IS
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TRACT MAP 17349
LOCATION MAP
N. T. S.
CRAFTON HILLS
COLLEGE
WCA/PA
xCAtPA
R£CATIHL
PAW
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PROJECT SITE