01-04-2000 - Renewal of the Citywide Lighting & Maintenance District & Landscape Maintenance District #'s 4,6,&7 - Ordering of Engineer's Reports• • City of West Covina
Memorandum
TO: City Manager and City Council
AGENDA
FROM: ' .Jeffrey W. Collier, Director ITEM NO: B-8d
DATE: January 4, 2000
Public Services Department
SUBJECT: RENEWAL ..OF THE CITYWIDE LIGHTING AND MAINTENANCE
DISTRICT AND LANDSCAPE. MAINTENANCE DISTRICT NOS. 4, 6, AND 7
- ORDERING OF ENGINEER'S REPORTS
SUMMARY: The City Council is being requested to adopt resolutions. ordering the preparation of .
the- Engineer's Report . for Maintenance Districts Nos. 4, 6, and 7 and for the
Citywide Lighting and Maintenance District. This action is the first step in the
annual renew' al:process for these districts.
BACKGROUND.
Cities .throughout California have established, Maintenance 'Districts to fund a variety of public
services such as,maintenance of street trees, parks, medians, streets,. traffic signals, and area lighting. .
Maintenance Districts (MD's) .can be established using various techniques. Four of the districts in
West Covina (MD4, MD6,, MD7, and the Citywide District) were established in accordance with
the Landscaping and Lighting Act of 1972 (the "1972 Act")
Maintenance District No. 4 was established in 1975 This 'District is located in the southerly part of
the City (please refer to the attached diagram). The assessments collected are used to maintain
landscaping, irrigation, hardscape (e.g.: sidewalks, walls, etc.), and area lighting on 130 acres of
public area within the boundaries of the district. To encourage innovative housing types and
neighborhood designs and to preserve -the ridgelines in the San Jose Hills, this area was originally
developed with relatively narrow street rights -of -way and small lot sizes. The resulting surplus land
was converted to landscaped slope areas and park -like "green belt" areas containing walkways,
landscaping, and lighting.
Maintenance District Nos. b and 7 were established 'in 1980. They are generally located in the
north -facing slopes of the San Jose Hills at the`eastern end of the City (please refer to the attached
diagram). The assessments collected are used to'maintain landscaping and irrigation in public areas
within the boundaries*:of the districts. MD6. contains approximately 12 acres of landscaped and
irrigated areas and approximately 65 acres of natural area. MD7 contains approximately 7.5 acres
of landscaped and irrigated areas and 18.9 acres -of natural area but is only 25% developed at this
time. When development is complete, MD7 will contain 25, acres of landscaped and irrigated areas
and 105 acres of natural area.
The Citywide Lighting and Maintenance District was established in 1976. As the name implies, this
District encompasses the entire. City. Prior to Fiscal Year 1997-1998, the Citywide district funded a'.
variety of public improvements and services, including:, street"tree maintenance, median
maintenance, park maintenance, municipal pool maintenance, area lighting maintenance, traffic
signal . maintenance, traffic engineering; and street lighting engineering. 'With the passage of
Proposition 218 in. November 1996 and the subsequent property owner approval in July 1997, the
Citywide District assessment currently funds the maintenance of most of the 'street lights and street
trees within the City.
DISCUSSION:.'
Proposition 218 substantially altered the procedures and eligibility for services to be funded through
benefit assessment districts. The most significant 'impact of these changes for West'.Covina was the
restructuring of the Citywide Lighting and Maintenance District,
The Citywide District had supported a number of Municipal services, which were eligible due to
legislative enactments and judicial rulings relating to the,':underlying benefit'assessment law. These
services included street' lighting, street .-tree maintenance,' park maintenance, street 'median
maintenance, traffic signal maintenance, and the maintenance of : related' facilities.' With the
implementation of Proposition 218, only those services that. provide a special and distinct: benefit to
an individual property are eligible for an assessment.
City Manager and City Council. •
Page 2 - January 4. 2000 ,
On July 15, 1997, the City placed only those services which meet the test of "Special Benefit" as
required under Proposition 218, before the property owners in a mailed ballot election and received
a. 70% approval. Since the Citywide District currently complies, with .the Proposition and no.
modifications are contemplated, we have prepared renewals under the Landscaping and Lighting
Act:
The Proposition also contains ' an exemption for assessments "established at the request of the
person(s) owning all the parcels within the district. Maintenance District Nos. 4, 6, and 7 .satisfy
this condition and thus are exempt from the provisions of Proposition 218. However, the exemption
would'not apply if the assessments were to be increased beyond the initially set assessment that was
approved by all the person(s) owning property within the district. Since no such assessment.
increases' are- contemplated for these districts, we have prepared renewals under_ the Landscaping
and Lighting Act.
The 1972 Act specifies.the procedures for annual renewals of Maintenance Districts. First, the City
Council adopts a resolution ordering the "Engineer's Report" for each district. This report includes
plans and specifications for.improvements, estimated costs, an assessment diagram; and assessment `
spread for the estimated.. costs' which; upon completion, are filed with the City Clerk. Reports are
ordered in accordance with Division 15, Article 4, Chapter 1, .Part 2 of the. California. Streets and
Highways Code. The City Attorney has approved asto form the attached Resolutions ordering -the
Engineer's Reports. The subsequent steps are outlined in the table below along with tentative dates
for each action.
Maintenance District .
Citywide Lighting and,
Action to be Taken
Nos. 4, 6, and 7:'
Maintenance District
Preliminary approval of. the
City Council meeting of
City Council meeting of .. ,
Engineer's Reportand the.
April 4, 2000
April 18, 2000
Resolution of Intention.
Mailing of notices and ballots.
-Not required. '
Not required.
Public Meeting
Not required.
May 16, 2000, if required
City Council meeting of
City Council meeting of
Public Hearing
M22 16, 2000
June 6, 2000
Upon completion of the Engineer's Report, the. City Council will review the document and set dates
for public meetings and hearings as required. At the public hearing, the City Council shall consider
all protests against the proposed assessment.
FISCAL IMPACT:,
The City's ;General Fund helps :finance the Citywide District through the City's payment of
assessments. on. City -owned properties. Also, at the City Council's direction; the City's General
Fund absorbs all of the Engineering and Incidental costs associated with Maintenance District Nos.
4, b, and 7 in a total amount of about $200,000 ,per year.
Cost estimates based `upon the projected operating and capital budgets for each district will be
prepared. Based upon these cost estimates, including contingencies; assessment rates will be
recommended that will be sufficient to fund all eligible services. No increases in assessment rates
for Maintenance District Nos. 4, 6, and 7 are contemplated at this time. The voter -approved rates,
for the Citywide District included a provision for not more than a 2% annual increase based on the
Consumer Price Index. The necessity for,any increase will be evaluated as part of. the. Engineer's
Report.
ALTERNATIVE:
The Streets and Highways Code specifies the required steps for renewing the districts. If the City
Council does not wish to continue the districts, the Resolutions are not necessary.
City, Manager and City Councio
Page 4 - January 4: 2000
Prepared by:
. Migue Hernandez
Civil Engineering Assistarit
Reviewed by:
Reviewed and approved by:
J y W. Collier
Thomas M. Mayer
is Service Director
-City, Engineer
Mc unents: Resolutions (4)
PJG.MH.wordVnd\MD467 & CWD.2000 01
Doc. No. 99-19S