Agenda Item No. 6
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Enginee`5 Kevin Garcia, Assistant Engineer 0
FOR: City Council Meeting of May 13, 2024
SUBJECT: Resolution No. 2024-18 to Set a Time and Place to Conduct a Public Hearing for the Annexation of Tract Map No. 16268 into Landscaping and Lighting Maintenance District No. 1 (Zone "MM")
RECOMMENDATION:
That the City Council:
Adopt Resolution No. 2024-18 to set a time and place to conduct a Public Hearing and Assessment Ballot proceedings at 6:00 p.m. on July 22, 2024, in compliance with Proposition 218, and to approve the annexation of Tract Map No. 16268 into the City of Yucaipa Landscaping and Lighting Maintenance District No. 1 (Zone "MM"); and
2. Adopt the methodology for and enact the assessments therein.
BACKGROUND/DISCUSSION:
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 residential subdivisions. 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.
It is anticipated that this tract will be levied during the 2024/2025 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 accrual 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 delinquent property taxes.
It is important to note that these maintenance districts will only apply to the properties 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. 16268 was originally approved by the Planning Commission in July of 2004. In 2018, a revision to the map was subsequently approved by the Planning Commission to incorporate new State and City Development Code requirements. This subdivision project was conditioned to annex to Landscaping and Lighting Maintenance District No. 1 (Zone "MM") as part of the approval process and contains twenty-two (22) single-family residential lots on 15.48 acres located on the southwest corner of Wildwood Canyon Road and Holmes Street. The developer wishes to have the energy charges and maintenance costs for four (4) streetlights, the maintenance of drainage devices, landscape lighting, multi -use trail, and the maintenance costs of 55,150 square feet of landscape area, including an entry monument sign placed into the LLMD. The total estimated annual costs of these items are 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 subdivision being annexed into the LLMD. 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 or other utility services.
FISCAL IMPACT:
Maintenance costs are paid by the affected property owners of this subdivision through the levy process. There is no impact on the City's General Fund.
Attachments:
1. Resolution No. 2024-18
2. Excerpt from Engineer's Report
3. Tract Map No. 16268 Proposed LLMD Area Map
4. Location Map
Approved by:
ATTACHMENT 1
RESOLUTION NO.2024-18
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA
INITIATING PROCEEDINGS FOR THE ANNEXATION OF PROPERTY
TO MAINTENANCE DISTRICT NO. 1 (ZONE "MM") 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. 16268 in the City requesting that such property (the "Property") be annexed to City of Yucaipa Landscaping and Lighting Maintenance District No. 1 (Zone "MM") 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 2024-2025 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 Engineer's 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, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:
Section 1. The Engineer's 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 2024-2025 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. 16268 in the City as shown on the map thereof which is on file in the office of the City Engineer.
Section 4. Reference is made to the Engineer's 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. 16268.
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 July 22, 2024, 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 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 13th day of May, 2024.
Justin Beaver. Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
ATTACHMENT 2
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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 July 2025. 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 covering 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 2024-2025 is:
ESTIMATE OF YEARLY MAINTENANCE COST
Street Light Maintenance 4 Ea. @ $165.00
Drainage devices (basin overflow channel — 1200 SF @
Drainage devices (rip rap pads — 1850 SF @ 0.25/SF)
Drainage devices (catch basins — 2 EA @ $200)
Drainage devices (RCP drainpipe — 322 LF@ $0.50/LF)
Landscape lighting @ entry
Multiuse DG trail maintenance 800 SF @ 0.25/SF
Landscape Maintenance (55,150 SF @ $0.25/SF)
Subtotal
Administration @ 5% _ $15,725.50 @ 5%
Subtotal
10%Capital Improvement Reserve Fund
Total Annual
Per EDU (22 new residences)
025/SF)
$ 660.00
300.00
462.50
400.00
161.00
500.00
200.00
13,787.50
16,471.00
823.55
$ 17,294.55
1,729.46
$ 19,024.01
$ 864.73
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.
ATTACHMENT 3
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