02-07-2006 - Renewal of Citywide Lighting & Maintenance District & Landscape Maintenance District #'s 4, 6, & 7 - Ordering of Engineer's Reports' • • City of West Covina
Memorandum
TO: Andrew G. Pasmant, City Manager AGENDA
ITEM NO. D-7
and City Council DATE February 7, 2006
FROM: Shannon A. Yauchzee, Director/City Engineer
Public Works Department
SUBJECT: RENEWAL OF THE CITYWIDE LIGHTING AND MAINTENANCE
DISTRICT AND LANDSCAPE MAINTENANCE DISTRICTS NOS. 4, 6,
AND 7 - ORDERING OF ENGINEER'S REPORTS
RECOMMENDATION:
It is recommended that the City Council adopt the following resolutions:
1. RESOLUTION NO. ZDD�D' 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, 2006
WEST COVINA LIGHTING AND MAINTENANCE DISTRICT
(2006-2007)
2. RESOLUTION NO. 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 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT
DISTRICT PURSUANT TO, PROPOSITION 218 AND THE LANDSCAPING AND
LIGHTING ACT OF 1972 FOR FISCAL YEAR 2006-2007
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.4
(2006-2007)
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3. RESOLUTION NO. : 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 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT
DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND
LIGHTING ACT OF 1972 FOR FISCAL YEAR 2006-2007
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6
(2006-2007)
4. RESOLUTION NO. 20D(O —I 2- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE
CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE
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DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND
LIGHTING ACT OF 1972 FOR FISCAL YEAR 2006-2007
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.7
(2006-2007)
ZAAGENDA - 2006\MD467 & CWD.2006-2007.doc
J.r-
Andrew G. Pasmant, City Manager
and City Council
Page 2 — February 7, 2006
DISCUSSION:
The 1972 Act specifies the procedures for annual renewals of MD's. First, the City Council
adopts a resolution ordering the "Engineer's Report" for each district. This report, prepared by
staff, 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 ,Office of 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 subsequent steps are
outlined in the table below along with tentative dates for each action.
Action to be Taken
Maintenance Districts
Citywide Lighting and
Nos. 4, 6, and 7 _
Maintenance District
Preliminary approval of the
City Council meeting of
City Council meeting of
Engineer's Reports and the
April 18, 2006
May 2, 2006
Resolution of Intention
Mailing of notices and ballots
Not required
Not required
Public Meeting
Not required
Not required
Public Hearing
City Council meeting of
City Council meeting of
June 6, 2006
June 20, 2006
Upon completion of the Engineer's Reports, the City Council will review the documents and set
dates for public meetings and hearings as required. At the. public,hearings, the City Council shall
consider all protests against the proposed assessment.
The City's General Fund helps finance the Citywide District through the City's payment of
assessments on City -owned properties in the amount of $20,966.
Cost estimates based upon the projected operating and capital budgets for each district will be
prepared. Assessment rates that will be sufficient to fund all eligible services will be
recommended based upon these cost estimates, including contingencies. Increases of 10%, 13%,
and 10% in assessment rates for MD4, MD6, and MD7, respectively, are contemplated at this
time based on Fiscal Year 2006-2007 projections. 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 (CPI).. Currently, the CPI for a one-year period from November 2004 to November
2005 for the Los Angeles, Riverside, and Orange County areas increased by 4.4%. The necessity
for any increases will be evaluated as part of the Engineer's Reports.
ALTERNATIVES:
The Streets and Highways Code specifies the required steps for renewing the districts. If the City
Council does not wish to continue the districts and wishes .to f ind,the districts from the General
Fund, the resolutions are not necessary.
FISCAL T IMPACT:
There is no fiscal impact associated in the ordering of the Engineer's Reports. However, if the
Engineer's reports are not ordered the process of renewing the MD's cannot proceed and the
ability to collect the assessments associated with each district would be lost.
PreparedXy: Miguel Hernandez /
Civil Engineering Associate
Attachments: Attachment No. 1— Background Information
Attachment No. 2 - MD4 Map
Attachment No. 3 - MD6 Map
Attachment No. 4 - M137 Map
Attachment No. 5 — Resolutions
Z:\AGENDA - 2006\MD467 & CWD.2006-2007.doc
Reviewed/Approved by: Shannon A. Yauchzee
Director/City Engineer
ti4
ATTACHMENT NO. 1
BACKGROUND:
Cities throughout California have established Maintenance Districts (MD's) to fund a variety of
public services such as maintenance of street trees, parks, medians, streets, traffic signals, and
area lighting. 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").
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 which included: street tree maintenance,
median maintenance, park maintenance, municipal pool maintenance, area lighting maintenance,
traffic signal maintenance, traffic engineering, and street lighting engineering. Since the passage
of Proposition 218 in November 1996 and the subsequent property owner approval in July 1997,
the Citywide District assessment currently funds only those services that have been designated as
a "Special Benefit", which is the maintenance of most of the street lights and street trees within
the City.
MD4 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.
MD6 and MD7 were established in 1980. These 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.
Z:WGENDA - 2006\MD467 & CWD.2006-2007.doc
ATTACHMENT NO.2
CITY OF WEST COVINA
MAINTENANCE DISTRICT NO. 4
4
ATTACHMENT NO.3
CITY OF WEST COVINA
MAINTENANCE DISTRICT NO. 6
ATTACHMENT NO.4
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RESOLUTION NO.
ATTACHMENT NO.5
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 FISCAL YEAR COMMENCING JULY 1, 2006
WEST COVINA LIGHTING AND MAINTENANCE DISTRICT
(2006-2007)
WHEREAS, the City Council of the City of West Covina, California proposes to levy
and confirm an annual assessment pursuant to Proposition 218, Government Code § 537535, and
the "Landscaping and Lighting Act of 1972", being Division 15, Part 2, of the Streets and
Highways Code of the State of California; and
WHEREAS, it is proposed that said Maintenance District shall operate and maintain
certain public street lighting and street trees that exist throughout the City located on property
owned by the City as approved by mailed ballot pursuant to the procedures set out in
Government Code § 537535; and
WHEREAS, the procedures to renew this annual assessment are those set out in the
Landscaping and Lighting Act and the regulations of Proposition 218 do not apply to the annual
confirmation for an assessment which is not to be increased; and
NOW, THEREFORE, the City Council of the City. of West Covina, California, does
hereby resolve as follows:
SECTION 1. That the City Engineer shall prepare and file an Engineer's Report in
accordance with Article 4, Chapter 1, Part 2, "Landscaping and Lighting Act of 1972" being
Division 15, Chapter 2 of the Streets and Highways Code of the State of California, for the
maintenance and operation of street lighting and street trees, for subsequent fiscal years.
SECTION 2. The City Clerk of the City of West Covina shall certify to the adoption of
this resolution.
APPROVED AND ADOPTED this 7th day of February 2006.
Mayor
ATTEST:
City Clerk
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council
of the City of West Covina, California, at their regular meeting thereof held on the 7th day of
February 2006, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
City Clerk
APPROVED AS TO FORM
City Attorney
ZARESOLUTION - 2006\cwd reso 2-7-06.doc
RESOLUTION NO.
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 LEVY AND COLLECTION OF
ASSESSMENT WITHIN THAT, DISTRICT PURSUANT TO
PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF
1972 FOR FISCAL YEAR 2006-2007
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.4
(2006-2007)
WHEREAS; this Assessment District is known as West Covina Landscape Maintenance
District No. 4; and
WHEREAS; it is proposed that said Maintenance District shall install, construct,
maintain, or operate certain landscaping and appurtenant facilities that exist in the area of the
West Covina Landscape Maintenance District No. 4; and
WHEREAS; since the 1996-1997 Fiscal Year annual confirmation of the levy of these
assessment, the voters have adopted Proposition 218 (California Constitution, Article XIII D);
and
WHEREAS, the West Covina Landscape Maintenance District No. 4 is exempt from the
ballot requirements of Proposition 218 providing the assessments do not increase pursuant to
Article XIII D, § 3(b) (property owner consent to initial formation); and
WHEREAS, no increased assessments, new improvements nor substantial changes in
existing improvements within said West Covina Landscape Maintenance District No. 4 are
proposed;
NOW, THEREFORE, the City Council of the City of West Covina, California, does
hereby resolves as follows:
SECTION 1. That the above recitals are true and correct.
SECTION 2. That the City Engineer shall prepare and file an Engineer's Report in
accordance with Article 4, Chapter 1, Part 2, "Landscaping and Lighting Act of 1972" being
Division 15, Chapter 2 of the Streets and Highways Code of the State of California and
Proposition 218 as applicable for confirmation of such assessments in the same amount
commencing with Fiscal Year 2006-2007.
SECTION 3. That a certified copy of this resolution be presented to the City Engineer
of the City of West Covina for his information and guidance.
SECTION 4. That the City Clerk of the City of West Covina shall certify to the
adoption of this resolution.
APPROVED AND ADOPTED this 7th day of February 2006.
Mayor
ATTEST:
City Clerk
Z:\RESOLUTION - 2006\MD4 reso 2-7-06.doc
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council
of the City of West Covina, California, at their regular meeting thereof held on the 7th day of
February 2006, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
City Clerk
APPROVED AS TO FORM
City Attorney
ZARESOLUTION - 2006\MD4 reso 2-7-06.doc
I
• . •
RESOLUTION NO.
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 LEVY AND COLLECTION OF
ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO
PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF
1972 FOR FISCAL YEAR 2006-2007
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6
(2006-2007)
WHEREAS; this`Assessment District is known as West Covina Landscape Maintenance
District No. 6 and
WHEREAS; it is proposed that said Maintenance District shall install, construct,
maintain, or operate certain landscaping and appurtenant facilities that exist in the area of the
West Covina Landscape Maintenance District No. 6; and
WHEREAS; since the 1996-1997 Fiscal Year annual confirmation of the levy of these
assessment, the voters have adopted Proposition 218 (California Constitution, Article XIII D);
and
WHEREAS, the West Covina Landscape Maintenance District No. 6 is exempt from the
ballot requirements of Proposition 218 providing the assessment does not increase pursuant to
Article XIII D, § 3(b) (property owner consent to initial formation); and
WHEREAS, no increased assessment, new improvements nor substantial changes in
existing improvements within said West Covina Landscape Maintenance District No. 6 are
proposed;
NOW, THEREFORE, the City Council of the City of West Covina, California, does
hereby resolves as follows:
SECTION 1. That the above recitals are true and correct.
SECTION 2. That the City Engineer shall prepare and file an Engineer's Report in
accordance with Article 4, Chapter 1, Part 2, "Landscaping and Lighting Act of 1972" being
Division 15, Chapter 2 of the Streets and Highways Code of the State of California and
Proposition 218 as applicable for confirmation of such assessments in the same amount
commencing with Fiscal Year 2006-2007.
SECTION 3. That a certified copy of this resolution be presented to the City Engineer
of the City of West Covina for his information and guidance.
SECTION 4. That the City Clerk of the City of West Covina shall certify to the
adoption of this resolution.
APPROVED AND ADOPTED this 7th day of February 2006.
ATTEST:
City Clerk
Mayor
ZARESOLUTION - 2006\MD6 reso 2-7-06.doc
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council
of the City of West Covina, California, at their regular meeting thereof held on the 7th day of
February 2006, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
City Clerk
APPROVED AS TO FORM
City Attorney
ZARESOLUTION - 2006\MD6 reso 2-7-06.doc
`4
RESOLUTION NO.
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. 7 LEVY AND COLLECTION OF
ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO
PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF
1972 FOR FISCAL YEAR 2006-2007
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.7
(2006-2007)
WHEREAS; this Assessment District is known as West Covina Landscape Maintenance
District No. 7; and
WHEREAS; it is proposed that said Maintenance District shall install, construct,
maintain, or operate certain landscaping and appurtenant facilities that exist in the area of the
West Covina Landscape Maintenance District No. 7; and
WHEREAS; since the 1996-1997 Fiscal Year annual confirmation of the levy of these
assessment, the voters have adopted Proposition 218 (California Constitution, Article XIII D);
and
WHEREAS, the West Covina Landscape Maintenance District No. 7 is exempt from the
ballot requirements of Proposition 218 providing the assessments do not increase pursuant to
Article XIII D, § 3(b) (property owner consent to initial formation); and
WHEREAS, no increased assessments, new improvements nor substantial changes in
existing improvements within said West Covina Landscape Maintenance District No. 7 are
proposed;
NOW, THEREFORE, the City Council of the City of West Covina, California, does
hereby resolves as follows:
SECTION 1. That the above recitals are true and correct.
SECTION 2. That the City Engineer shall prepare and file an Engineer's Report in
accordance with Article 4, Chapter 1, Part 2, "Landscaping and Lighting Act of 1972" being
Division 15, Chapter 2 of the Streets and Highways Code of the State of California and
Proposition 218 as applicable for confirmation of such assessments in the same amount
commencing with Fiscal Year 2006-2007.
SECTION 3. That a certified copy of this resolution be presented to the City Engineer
of the City of West Covina for his information and guidance.
SECTION 4. That the City Clerk of the City of West Covina shall certify to the
adoption of this resolution.
APPROVED AND ADOPTED this 7th day of February 2006.
ATTEST:
City Clerk
Mayor
y .
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council
of the City of West Covina, California, at their regular meeting thereof held on the 7th day of
February 2006, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
City Clerk
APPROVED AS TO FORM
City Attorney
ZARESOLUTION - 2006\MD7 reso 2-7-06.doc