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ANNEXATION OF CALAVERAS ESTATES UNIT NO. IV TO CALAVERAS ESTATES UNIT NO. 2, ZONE D-4 OF THE STOCKTON CONSOLIDATED LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 96-2, AND SET A PUBLIC HEARING FOR NOVEMBER 6, 2018
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a Resolution of Intention to:
1. Annex territory to the existing Calaveras Estates Unit No. 2, Zone D-4, Stockton Consolidated Landscape Maintenance Assessment District No. 96-2.
2. Find that the improvements to be installed and/or maintained in the territory to be annexed are generally those maintained in Calaveras Estates Unit No. 2, Dama Estates, and Calaveras Estates Unit No. 3, Zone 4.
3. Levy and collect an annual assessment for maintenance and operation of improvements and for costs and expenses.
4. Set a public hearing for November 6, 2018.
5. Set forth mailed property owner ballot procedure and publish notice of the public hearing.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
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Summary
Calaveras Estates Unit No. 2, Zone D-4, (Zone D-4) was formed on January 21, 2003, by Resolution No. 03-0029, to provide funding for maintenance of the masonry block wall and landscaping installed with the Calaveras Estates Unit No. 2 subdivision. Zone D-4 was formed under the provisions of the Streets and Highways Code Section 22500, also known as the Landscaping and Lighting Act of 1972 (LLA). Since 2003, two additional subdivisions have been annexed to Zone D-4. The boundary of Zone D-4 is shown on Attachment A.
This proceeding is to annex Calaveras Estates Unit No. IV to Zone D-4. The annexation is recommended since the type and amount of improvements installed and required to be maintained with Calaveras Estates Unit No. IV are generally proportional to the existing improvements currently maintained through Zone D-4.
The Resolution of Intention initiates proceeding to annex the Calaveras Estates Unit No. IV territory to Zone D-4, levy and collect assessments from the territory, sets a public hearing for November 6, 2018, and authorizes the City Clerk to commence the mailed property owner ballot and published notice procedure for annexation of Calaveras Estates Unit No. IV into Zone D-4.
DISCUSSION
Background
Zone D-4 was formed on January 21, 2003, by Resolution No. 03-0029, to provide a mechanism to fund maintenance of masonry walls, landscaping, graffiti abatement, and proportionate share costs to maintain any parks within the service area of the Calaveras Estates Unit No. 2 subdivision or serving the subdivision. Zone D-4 was formed under the provisions of the LLA. On August 16, 2005, by Resolution No. 05-0368, the Dama Estates subdivision was annexed to Zone D-4. On May 9, 2006, by Resolution No. 06-0256, the Calaveras Estates Unit No. 3 subdivision was annexed to Zone D-4.
Formation of new zones of the Stockton Consolidated Landscape Maintenance Assessment District No. 96-2 (Consolidated Landscape District) and annexation of additional territory to existing zones is conducted pursuant to the LLA. The LLA provides for forming maintenance assessment districts to provide for maintenance of various public improvements including but not limited to public parks, walls, public area landscaping, graffiti abatement, and street lighting. Section 22605 of the LLA provides for annexing territory to an existing zone. Section 22608 of the LLA provides that the engineer’s report, notices of hearing, and right of majority protest are limited to the territory to be annexed. Further, the LLA provides that the report, notices and right to majority protest shall be waived with the written consent of the owner/s of the property within the territory to be annexed.
Present Situation
Calaveras Estates Unit No. IV is located on the easterly side of Alvarado Avenue generally between Essex Street and the Calaveras River (Attachment A.) The developer is Florsheim Homes. Approved tentative map P17-0356 allows for 40 single family residential lots, two landscape/open space lots, and a public access from the northerly end of Alvarado Avenue to the Calaveras River. The final subdivision map has not yet been recorded.
The tentative map requires the development to annex to the Consolidated Landscape District to provide for the subdivision's proportionate share of costs to maintain any common area landscaping, public access way, and walls. Stockton Municipal Code section 16.72.060.C.8 requires new development to provide a mechanism to insure the subdivision pays its proportionate share to maintain any parks within the service area of the subdivision or serving the subdivision. Annexing to Zone D-4 fulfills the development’s requirements to provide funding for maintenance of common area landscaping, the public access, walls, and parks. Public street lighting is also identified as an improvement whose maintenance is eligible to be funded by Zone D-4.
This proceeding is to annex Calaveras Estates Unit No. IV to Zone D-4. The annexation is recommended since the type and amount of improvements installed and required to be maintained with Calaveras Estates Unit No. IV are generally proportional to the existing improvements currently maintained through Zone D-4.
The maximum fiscal year (FY) 2018-19 Zone D-4 assessment is $1,156.46. The maximum annual assessment for maintenance includes a yearly increase, which is not to exceed the larger of three percent, or the yearly increase of the Consumer Price Index if required by increased costs of maintenance. The actual FY 2018-19 Zone D-4 assessment is $114.80. The maximum and actual FY 2018-19 assessments were approved on June 5, 2018, by Resolution No. 2018-06-05-1505. The developer will fund maintenance of any completed and accepted improvements until June 30, 2019. Improvements completed after June 30, 2019, will be eligible to be funded by Zone D-4. The estimated maintenance costs of those improvements will be included when determining the FY 2019-20 Zone D-4 budget and assessment. The FY 2019-20 Zone D-4 budget and assessment amounts for all zones in the Consolidated Landscape District are anticipated to be considered by Council during a June 2019 budget meeting.
This annexation proceeding is being conducted pursuant to the LLA. The LLA permits changes of organization, such as annexation, to existing maintenance assessment districts. In accordance with Section 22608 of the LLA, Florsheim Homes submitted a request to annex the Calaveras Estates Unit No. IV territory and written consent to waive the engineer’s report, notices of hearing, and right of majority protest (Attachment B).
FINANCIAL SUMMARY
Florsheim Homes will fund construction of the public improvements whose maintenance will be funded by Zone D-4 and pay the legal counsel and engineer for services related to these annexation proceedings.
Attachment A - Annexation Map
Attachment B - Request to Annex from Florsheim Homes