Agenda Item No. 8
CITY OF YUCAIPA
AGENDA REPORT
TU: Honorable Mayor and. City Council
FROM: Permin Preciado, Director of Development Services/City Engineer FOR: City Council Meeting of March 27, 2023
SI.113JECT: resolution No. 2023-09 to Set a Time and Place to Conduct a Public Hearing for the Annexation of Tract Map No. 14429 into Landscaping and Lighting Maintenance District No. 1 (Gone ;`EE")
RECOMMENDATION:
That City Council:
1. Approve Resolution No. 2023-09 to set a time and place to conduct a Public blearing and Assessment Ballot proceedings at 6:00 p.m. on May 22, 2023 in compliance with Proposition 218, and to approve the annexation of Tract Map No. 14429 into the City of Yucaipa Landscaping and Lighting Maintenance District No. 1 (Zone "EE"); and
2. Adopt the methodology for and enact the assessments therein.
BACKGROUNDIDISCUSSION:
On September 9, 1991, the City Council voted to form a Landscaping and Lighting Maintenance District (LLMD). Numerous projects under development in the City contain public areas that will require on -going maintenance if they are to continue to provide special benefits for the homeowners within the tracts. Staff believes that the best way to ensure that these areas receive the appropriate maintenance is to place individual projects within the City°s LLMD. 1t is anticipated that this tract will be levied during the 2023-2024 fiscal year.
The methodology establishing the LLMD 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 fiend for the purposes of covering the costs of vandalism,, inclement weather (such as a hard freeze or severe erosion), damage done by vehicular traffic, and the coverage of delinquent property taxes.
It is important to note that these maintenance districts will only apply to the properties within the boundaries of a particular tract and that no other property owners will be assessed for any of the maintenance costs.
City Council Agenda 117
03/27/2023
City Council Meeting of March 27, 2023
Resolution No. 2023-09 to Set a Time and Place to Conduct a Public Hearing for the Annexation of Tract Map No. 14429 into Landscaping and Lighting Maintenance District No. 1 (Zone "EE")
Tract Map No. 14429 contains fifty-seven (57) single-family residential lots on 240 acres located on the south side of State Highway 38 just west of Bryant Street. This project was conditioned to annex to Landscaping and Lighting Maintenance District No. I (Zone "EE") as pant of the approval process for the subdivision. The developer wishes to have the energy charges and maintenance costs for 6 streetlights, the maintenance costs of 538,080 square feet of landscape area and the cost to maintain the entry gates and related equipment placed into the LLMD. The total estimated annual costs of these items is included in the attached excerpt from the Engineer's Report for this subdivision.
In accordance with the provisions of Proposition 218, (the right to vote Act), passed by voters in the November 1996 election, it is necessary to vote on the annexation and levy of assessment by mail -in ballot by the owners of the tract being annexed into the district. A notice of the hearing and a ballot will be mailed to each property owner.
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. 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 ballots submitted in favor of the assessment weighted on financial obligation.
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 and recovers the actual costs for electricity.
FISCAL .IMPACT:
Maintenance costs for lighting and landscape maintenance are paid by the affected property owners of this tract. There will be no impact on the City's General Fund.
Attachments: Resolution No. 2023-09
Excerpt from Engineer's Report
Tract Map No. 14429 Proposed LLMD Area Map
Location Map
Complete Engineer's Report is available in the Office of the City Engineer Approved by:
City Council Agenda 118
03/27/2023
RESOLUTION NO.2023-09
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA
INITIATING PROCEEDINGS FOR THE ANNEXATION OF PROPERTY
TO MAINTENANCE DISTRICT NO. 1. (ZONE "EE") AND THE LEVY OF
AN ASSESSMENT ON SUCH PROPERTY, APPROVING THE
ENGINEER'S REPORT AND FIXING TIME AND PLACE OF A PUBLIC
HEARING ON THE ANNEXATION OF SUCH PROPERTY TO SAID
DISTRICT AND THE LEVY OF SUCH ASSESSMENT
WHEREAS, the City of Yucaipa (the "City") has received a written request from the owner of the property comprising of Tract Map No. 14429 in the City requesting that such property (the "Property") be annexed to City of Yucaipa Landscaping and Lighting Maintenance District No. 1 (Zone "EE") 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 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 of 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; including, but not limited to, irrigation systems and electrical facilities, and 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. 14429 in the City as shown on the map thereof which is on file in the office of the City Engineer.
City Council Agenda 119
03/27/2023
RESOLUTION NO.2023-09
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 reaps of Tract Map No. 14429.
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 shall be conducted by the City Council at 6;00 p.m. on May 22, 2023 in the City Council Chambers at 34272 Yucaipa Boulevard in the City of Yucaipa. California. 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 aG 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.
ADOPTED this 27" day of March, 2023,
JUSTiN BEAVER, MAYOR
ATTEST:
ANA V. SAUSEDA, CIVIC
CITY CLERK
City Council Agenda 120
03/27/2023
Excerpt from Engineer's Report
PART B
ESTIMATE OF COST
The 1972 Act provides that the total cost of installation construction, maintenance and servicing of the public landscaping, park facilities and street lighting can be recovered by the District in proportion to the special benefit that they provide to the parcels. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the formation and maintenance of the District can also be included.
Improvements which are to be included in the District have not yet been completed and are being constructed by the developer of the property who will be responsible for the maintenance of all improvements until accepted by the City of Yucaipa_ It is anticipated that the improvements will be completed and accepted by the City by January 2024. In 1998, the City Council amended the original methodology for the Maintenance District. The amendment allows the annual charge to be levied on the tax roll during the fiscal year the annexation takes place, and not after the warranty period ends. This amendment commenced with Zone G98.
The reasons are as follows: It allows the buildup of a capital reserve fund for the purposes of coveting the costs of vandalism, inclement weather, damage done by vehicular traffic, and the coverage of delinquent property taxes.
The assessment for the District after construction is complete will be based on the qualifying improvements that are to be maintained by the City. An estimate of the yearly maintenance cost for Fiscal Year 2023-2024 is:
ESTIMATE OF YEARLY MAINTENANCE COST
Street Lights, 6 Fa. @ $125
Entry
Landscaping
Subtotal
Administration @ 5%
CIRF @ 10%
Total annual
Annual cost per unit_ 57 units
$750.00
$10,550
$ 69,827.87
$81,127.87
$4,056.39
$8,121.79
$93,297.04
1, 638.79
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 remaining on July 1 must be carried over to the next fiscal year.
City Council Agenda 121
03/27/2023
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City Council Agenda 122
03/27/2023
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