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02-03-2009 - Renewal of Citywide Lighting & Maintenance District & Landscape Maintenance District Nos. 6 & 7 - Ordering of Engineer's ReportsCity of West Covina MMemorandum TO: Andrew G. Pasmant, City Manager AGENDA ITEM NO. D-Sg and City Council DATE February 3, 2009 FROM: Shannon A. Yauchzee Public Works Director/City Engineer SUBJECT: RENEWAL OF THE CITYWIDE LIGHTING AND MAINTENANCE DISTRICT AND LANDSCAPE MAINTENANCE DISTRICTS NO. 6 AND 7 - ORDERING OF ENGINEER'S REPORTS RECOMMENDATION: It is recommended that the City Council adopt the following resolutions: 1. RESOLUTION NO. 2IJ0 r%—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 197291, 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, 2009 WEST COVINA LIGHTING AND MAINTENANCE DISTRICT (2009-2010) 2. RESOLUTION NO. 2001 S0 - 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 2009-2010 WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6, (2009-2010) 3. RESOLUTION NO. � v / — r - 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 2009-2010 WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.7 (2009-2010) DISCUSSION: 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. 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"). ZAAGENDA - 2009\MD6,7 & CWD.2009-2010 - Renewal.doc Andrew G. Pasmant, City Manager and City Council Page 2 — February 3, 2009 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. 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 165 acres of natural area. 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. ..2 Action ft be Taken = � z ...,. .......� ... _. �,::,.. , Maintenance Distr><cf Nose 6' and 7 � sa�. ..._._... __ .k .� ._ e _,.:... C><tyw><deL><ghhng and 3s � , Maintenance,..--- ict �=z Preliminary approval of the City Council meeting of City Council meeting of Engineer's Reports and the April 7, 2009 April 21, 2009 Resolution of Intention City Council meeting of City Council meeting of Public Hearing June 2, 2009 June 16, 2009 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 comments for and against the proposed assessment. The City's General Fund finances a portion of the Citywide District through the City's payment of assessments on City -owned properties in the amount of about $21,250. Cost estimates based upon the projected operating and capital budgets for each district will be prepared. Assessment rates 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 2009- 2010 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 2007 to November 2008 for the Los Angeles, Riverside, and Orange County areas increased by 1.0%. 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. ZAAGENDA - 2009ND6,7 & CWD.2009-2010 - Renewal.doc M Andrew G. Pasmant, City Manager and City Council Page 2 — February 3, 2009 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. Prepared by. igue ernandez Civil Engineering Associate Attachment No. 1 - MD6 Map Attachment No. 2 - N07 Map Attachment No. 3 — Resolutions Reviewed/Approved y: Shannon A. Yauchzee Director/City Engineer Z:WGENDA - 2009\MD6,7 & CWD.2009-2010 - Renewal.doc N ATTACHMENT NO. 1 CITY OF WEST COVINA MAINTENANCE DISTRICT NO. 6 c�M, do r HFR �qGF AVENUE 1. no 0 71 ♦ hl�� IOF '9 HAWTON G� � 2 o Q DR. G� HEMSTEAD = HORIZON 1 PL. 1 CT. 1 J� 1 1 .......... I 4f CITY OF WEST COVINA I♦ MAINTENANCE DISTRICT N0. '7 SUWSE 1 1 ' n ......am 1 s N SKY�t ♦ .. COUNTRY 'HOOD �� ♦ �G� I Z`3 G � O MpJEs� 0 o � HIS a CSIOE �O0�5 od Nsp,{ doo 1v / � 1J— A / y m O� l / W � , oGU` Q- i - / ` oo _ N RESOLUTION NO. ATTACHMENT NO.3 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, 2009 WEST COVINA LIGHTING AND MAINTENANCE DISTRICT (2009-2010) 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 3`d day of February 2009. 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 3`d day of February 2009, by the following vote of the City Council: AYES: NOES: ABSENT: City Clerk APPROVED AS TO FORM City Attorney ZARESOLUTION - 2009\cwd reso 2-3-09.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. 6 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2009-2010 WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.6 (2009-2010) 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 2009-2010. 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 3`d day of February 2009. Mayor ATTEST: City Clerk ZARESOLUTION - 2009\MD6 reso 2-3-09.doc a 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 3`d day of February 2009, by the following vote of the City Council: AYES: NOES: ABSENT: City Clerk APPROVED AS TO FORM City Attorney ZARESOLUTION - 2009\MD6 reso 2-3-09.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. 7 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2009-2010 WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.7 (2009-2610) WHEREAS; this Assessment District is known as West Covina Landscape Maintenance District No. 7; and I 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 2009-2010. 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 3`d day of February 2009. 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 3`d day of February 2009, by the following vote of the City Council: AYES: NOES: ABSENT: City Clerk APPROVED AS TO FORM City Attorney ZARESOLUTION - 2009\MD7 reso 2-3-09.doc