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.
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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
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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