02-02-1999 - Renewal of the Citywide Lighting & Maintenance District & Landscape Maintenance District #'s 4, 6 & 7 - Ordering of Engineer's ReportsTO: City Council and City Manager
• City of West Covina
Memorandum
AGENDA
ITEM NO: B4'C_!
FROM: Public Service Department DATE: February 2. 19"
Engineering Division
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 currently collects revenue to 'fund' a variety of public
improvements and services in Maintenance Districts 4, 6, and 7, and in the
Citywide Lighting and Maintenance District. In accordance with State law,
the assessments for these districts require annual extensions. The first step
in this process is the ordering of Engineer's Reports by the City Council.
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. 6 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 1997-98, 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.
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City Council and CiA.. anager •
Page Two
February 2, 1999
ANALYSIS
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.
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 Districts 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 (unless
the increase was approved by a vote of the current property owners in the districts).
Therefore, since no assessment increases are contemplated for these districts, we have
prepared renewals of the existing rates 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 as to 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.
Preliminary approval of the City Council meeting of City Council meeting of
Engineer's Report and the April 6, 1999 April 20, 1999
Resolution of Intention.
Mailing of notices and ballots. Not required. Not required.
Public Meeting Not required. Not required
City Council meeting of City Council meeting of
Public Hearing May 18, 1999 June 1, 1999
Upon completion of the Engineer's Report, the City Council will review the document and
set a date for _ a public hearing. At the public hearing, the City Council shall consider all
protests against the proposed assessment.
1.
City Council and City Cger
Page Three
February 2, 1999
FISCAL EMPACT
With the exception of the City's payment to the Citywide District for City owned
property, the General Fund does not finance nor contribute to these four districts. 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.
RECOMI��NDATION
Staff recommends, that the City Council adopt the following resolutions:
1.
0J
3.
RESOLUTION NO.A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ORDERING THE CITY ENGINEER TO PREPARE AND FILE A
REPORT IN ACCORDANCE WITH PROPOSITION 218 AND
ARTICLE 4, CHAPTER.1, PART 2, "LANDSCAPING AND LIGHTING
ACT OF 1972", BEING DIVISION 15, STREETS AND HIGHWAYS
CODE OF THE STATE OF CALIFORNIA, ORDERING CERTAIN
LANDSCAPING AND LIGHTING MAINTENANCE IN THE CITY OF
WEST COVINA, CALIFORNIA, FOR THE SUBSEQUENT FISCAL
YEAR COMMENCING JULY 1, 1999.
WEST COVINA LIGHTING AND MAINTENANCE DISTRICT
RESOLUTION NO. lo5- - A RESOLUTION OF THE CITY
COUNCIL OF .THE CITY OF WEST COVINA, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4's
LEVY AND COLLECTION :OF ASSESSMENT WITHIN THAT
DISTRICT PURSUANT TO. PROPOSITION 218 AND THE
LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR
1999-2000.
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.4
(1999-2000)
RESOLUTION NO. - 96,5-7 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6's
LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT
DISTRICT PURSUANT TO PROPOSITION 218 AND THE
LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR
1999-2000.
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6.
(1999-2000)
City Council and Cityganager • .
Page Four
February 2, 1999
4.
RESOLUTION NO. ��-Y� - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF. WEST COVINA, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. Ts
LEVY AND COLLECTION. OF ASSESSMENT WITHIN THAT
DISTRICT PURSUANT TO PROPOSITION 218 AND THE
LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR
1999-2000.
.WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.7
(1999-2000)
Thomas M. Mayer
City Engineer
REVIEWED BY:
ti';v---
Service Director
PJG.MH.word\md\MD467 & CWD.99
Doc. No. 99-108
Attachments
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