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CALAVERAS ESTATES UNIT NO. IV ANNEXATION TO CALAVERAS ESTATES UNIT NO. 2, ZONE D-4 OF THE STOCKTON CONSOLIDATED LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 96-2
recommended action
RECOMMENDATION
This public hearing is to consider public comments and testimony regarding annexation of the Calaveras Estates Unit No. IV subdivision to Calaveras Estates Unit No. 2, Zone D-4, of the Stockton Consolidated Landscape Maintenance Assessment District No. 96-2 and levy of assessment.
After the public hearing, if the ballots cast in favor of the annexation and levy of assessment, in terms of dollars of assessment, exceed those cast against, it is recommended that the City Council adopt a resolution to:
1. Accept the written Consent and Waiver submitted by all owners of the property subject to the annexation of territory to the assessment maintenance district and levy of assessment.
2. Overrule any and all protests or objections, including all written protests not withdrawn in writing before the conclusion of the public hearing, to the proposed annexation and levy of assessment.
3. Declare the ballot measure has been submitted to the voters of land proposed for annexation and after the tabulation of the assessment ballots submitted and not withdrawn, that a majority protest against the annexation and levy of assessment does not exist because the assessment ballots submitted in opposition to the assessment, in terms of dollars of assessment, did not exceed the ballots submitted in favor of the assessment.
4. Approve the Annexation Boundary Map and Assessment Diagram.
5. Based on the oral and documentary evidence offered and received at the public hearing, this Council expressly finds and determines that:
a. The territory to be annexed will be specially benefited by the maintenance of the improvements at least in the amount, if not more than the amount, of the assessment apportioned against the subdivisions of land, respectively; and
b. There is substantial evidence to support, and the weight of the evidence preponderates in favor of, the finding and determination as to special benefits.
6. Order the territory annexed to Calaveras Estates Unit No. 2, Zone D-4, Stockton Consolidated Landscape Maintenance Assessment District No. 96-2.
7. Order the improvements be maintained, confirm the formula and method of assessment, and that the maximum Fiscal Year (FY) 2018-19 annual assessment is established in the amount of $1,156.46 per dwelling unit equivalent factor (dueF).
8. Finds, determines, and orders that the maximum annual assessment set forth in Section 7 shall be annually increased in an amount equal to the greater of: (1) three percent, or (2) the annual percentage increase of the Local Consumer Price Index (CPI). The CPI applied is the San Francisco-Oakland-San Jose County Area for all Urban Consumers as developed by the U.S. Bureau of Labor Statistics for a similar period.
9. Finds, determines, and orders that the actual FY 2019-20 levy on each dueF will be determined at the City of Stockton's FY 2019-20 annual Stockton Consolidated Landscape Maintenance Assessment District No. 96-2 budget proceedings.
10. Directs the City Clerk to comply with Section 22641 of the Streets and Highways Code. The County Auditor/Controller is requested to comply with the provisions of Section 22645 of the Streets and Highways Code in the collection of installments of these assessments on the assessment roll for taxes.
It is also recommended that the City Manager or his designee is authorized and directed to execute all documents, including, but not limited to, agreements and amendments.
It is further 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
This public hearing is to consider public comments and testimony regarding annexation of the Calaveras Estates Unit No. IV subdivision to Calaveras Estates Unit No. 2, Zone D-4, (Zone D-4) of the Stockton Consolidated Landscape Maintenance Assessment District No. 96-2 and levy of assessment. 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). Section 22605 of the LLA provides for annexing territory to an existing zone.
The recommended resolution accepts the written Consent and Waiver submitted by all owners of the property; overrules any and all protests; declares the results of the ballot measure; confirms the assessment diagram; finds and determines special benefits for the property annexed; orders annexation of territory; orders improvements to be maintained and establishes a FY 2018-19 maximum annual assessment of $1,156.46 per dueF; orders that the maximum assessment be annually increased by the greater of: (1) three percent, or (2) the annual percentage increase of the San Francisco-Oakland-San Jose County Area CPI for all Urban Consumers; orders that the actual FY 2019-20 levy on each dueF will be determined at the City of Stockton’s FY 2019-20 annual Stockton Consolidated Landscape Maintenance Assessment District No. 96-2 budget proceedings; directs the City Clerk to comply with Section 22641 of the Streets and Highways Code; requests the County Auditor/Controller comply with the provisions of Section 22645 of the Streets and Highways Code in the collection of installments of these assessments on the assessment roll for taxes; authorizes and directs the City Manager or his designee to execute all documents, including, but not limited to, agreements and amendments; and authorizes the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
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 of costs to maintain any parks within the service area of the 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 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.
On September 18, 2018, Council adopted Resolution No. 2018-09-18-1109, which initiated proceedings to annex the Calaveras Estates Unit No. IV territory to Zone D-4, levy and collect assessments from the territory, set a public hearing for November 6, 2018, and authorized 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.
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 Stockton Consolidated Landscape Maintenance Assessment District No. 96-2 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 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 CPI 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 Stockton Consolidated Landscape Maintenance Assessment District No. 96-2 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 (Attachment B) to annex the Calaveras Estates Unit No. IV territory and a Consent and Waiver (Exhibit 1 to the Proposed Resolution) to waive the engineer’s report, notices of hearing, and right of majority protest.
Public Notification
Notification of the public hearing was published in The Record on September 21, 2018. Notice is required at least 45 days prior to the public hearing.
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