02-05-2008 - Renewal of Citywide Lighting & Maintenance District & Landscape Maintenance District #'s 4,6,&7 - Ordering of Engineer's ReportsCity of West Covina
Memorandum
' AGENDA
TO: Andrew G. Pasmant, City Manager ITEM NO. D-6e
and City Council DATE February 5, 2008
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. 2-0(1n
0^ y
- 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, 2008
WEST COVINA LIGHTING AND MAINTENANCE DISTRICT
(2008-2009)
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 2008'72
009
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.4
(2008-2009)
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 2008-2009
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.6
(2008-2009)
�(/ - A RESOLUTION OF THE CITY COUNCIL OF
4. RESOLUTION NO. Zt
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 2008-2009
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.' 7
(2008-2009)
ZAAGENDA - 2008\MD467 & CWD.2008-2009 - Renewal.doc
0
Andrew G. Pasmant, City Manager
and City Council
Pace 2 - February 5:.2008
DISCUSSION:
The 1972 Act specifies the procedures for annual renewals of Maintenance Districts (MD's).
The first step in the process is the adoption of 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.
Preliminary approval of the City Council meeting of City Council meeting of
Engineer's ' Reports and the April 1, 2008 April 15, 2008
Resolution of Intention
City Council meeting of City Council meeting of
Public -Hearing June 3, 2008 June 17, 2008
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 about $21,040
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 13% and
10% in assessment rates for MD6 and MD7, respectively, are contemplated at -this time based on
fiscal year 2008-2009 projections. The assessments rates for MD4 are now equal to the rates
approved when the district was established and in order to increase the rates further it would be
necessary to comply with the voting requirements of Proposition 218. 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 2006
to November 2007 for the Los Angeles, Riverside, and Orange County areas increased by 4.2%.
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 fund the districts from the General
Fund, the resolutions are not necessary.
FISCAL 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.
P pare y: Miguel Hernandez Reviewed/Approved by: Shannon A. Yauchzee -
Civil Engineering Associate Director/City Engineer
Attachments: Attachment No. I — Background Information
Attachment No. 2 - MD4 Map
Attachment No. 3 - MD6 Map
Attachment No. 4 - MD7 Map
Attachment No. 5 —Resolutions
Z:VWGENDA - 2008\MD467 & CWD.2008-2009 - Renewal.doc
ATTACHMENT NO. 1
BACKGROUND:
Cities throughout California have established MD's to fund a variety of public servicessuch 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.
ZAAGENDA - 2008\MD467 & CWD.2008-2009 - Renewal.doc
0
ATTACHMENT NO.2
CITY OF WEST COVINA
MAINTENANCE DISTRICT NO, 4
ATTACHMENT NO.3
CITY OF WEST COVINA
MAINTENANCE DISTRICT NO, 6
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W TTACHMENT NO.5
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 2008-2009
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6
(2008-2009)
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 2008-2009,
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 5th day of February 2008.
Mayor
A"l T FST:
City Clerk
%1RI{SOLUTION - 2008\MD6 reso 4-i-08.doc
t
J
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 51h day of
February 2008, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
City Clerk
APPROVED AS TO FORM
City. Attorney
\RI.SOLU IION - 300$\MD6 resu 4-5-08.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 2008-2009
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4
(2008-2009)
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 20.08-2009.
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 5`I' day of February 2008.
Mayor
ATTFIST:
City Clerk
%:'RIfSol, I i"PION - 2008\MD4 reso 2->-08.doc
• 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 51h day of
February 2008, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
City Clerk
APPROVED AS TO FORM
City Attorney
7.''.R[.SOLI TION - 2008\MD4 reso 2-i-08.doc
e
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 2008-2009
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7
(2008-2009)
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 2008-2009.
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 5`h day of February 2008.
ATTEST:
City Clerk
Mayor
r,
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 51h day of
February 2008, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
City Clerk
APPROVED AS TO FORM
City Attorney
/ .RI{S0LUIION - 2008\MD7 reso 2-5-08.doc