05-07-2019 - Item 10 - Begin Annual Proceedings For Landscape Maintenance District No. 7 and Preliminary Approval of the Engineer's ReportAGENDA ITEM NO. 10
AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE:May 7, 2019
TO:Mayor and City Council
FROM:David Carmany
Interim City Manager
SUBJECT:BEGIN ANNUAL PROCEEDINGS FOR LANDSCAPE MAINTENANCE
DISTRICT NO. 7 AND PRELIMINARY APPROVAL OF THE ENGINEER'S
REPORT
RECOMMENDATION:
It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. 2019-25 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA ORDERING THE PREPARATION OF A
REPORT REGARDING THE FISCAL YEAR 2019-20 ASSESSMENT TO BE LEVIED
IN CONNECTION WITH LANDSCAPE MAINTENANCE DISTRICT NO. 7
RESOLUTION NO. 2019-26 – A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA PRELIMINARILY APPROVING THE
ENGINEER’S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7,
DECLARING THE INTENTION OF THE CITY COUNCIL TO LEVY AN
ASSESSMENT FOR FISCAL YEAR 2019-20 IN CONNECTION WITH SUCH
DISTRICT AND SETTING A PUBLIC HEARING FOR JUNE 4, 2019 REGARDING
THAT ASSESSMENT
BACKGROUND:
Landscape Maintenance District No. 7 (LMD7) was established in 1980 at the request of the owner
of the development in lieu of forming a Homeowners' Association. LMD7 is generally located in the
easterly end of the City. The assessments collected are used to maintain landscaping, irrigation, and
hardscape (e.g. sidewalks, walls, graffiti abatement, clean-up of sites, etc.) in public open space
areas within its boundaries. Currently, LMD7 contains 363 improved and 17 unimproved single-
family residential parcels, approximately 19.5 acres of landscaped and irrigated areas and 92 acres of
open space area. When development is 100 percent complete, LMD7 will contain 380 developed
single residential parcels, 25 acres of landscaped and irrigated area, and 105 acres of open space
area.
DISCUSSION:
The Landscaping and Lighting Act of 1972 (Streets & Highways Code 22500 et seq.) sets forth
requirements for annual proceedings for the LMD7. The first step in the process is to adopt a
resolution ordering the preparation of an "Engineer's Report" for the District. The Engineer's
Report, prepared by Willdan Financial Services, includes plans and specifications for improvements,
estimated costs, an assessment diagram, and assessment spread for the estimated costs.
Also, for Council's consideration is the adoption of a “Resolution of Intention” that preliminarily
approves the Engineer’s Report and states the Council’s intention to levy the assessments for 2019-
20. This Resolution also sets a public hearing on the assessments for June 4, 2019. At the public
hearing, the City Council will consider any written and oral comments regarding the level of
assessments and proposed maintenance and capital improvement work within the district. Notice of
the hearing will be published as required by law. Following the June 4, 2019 hearing, the Council
will have an opportunity to adopt a resolution levying the assessment for the Fiscal Year.
At this time, Staff recommends that the assessment rates be maintained at their current levels for
Fiscal Year (FY) 2019-20. The annual assessment rates for LMD7 will be maintained at $464.06
per developed lot and $139.22 per undeveloped lot.
LEGAL REVIEW:
The City Attorney has reviewed and approved the attached resolutions and preliminary Engineer’s
Report.
OPTIONS:
The City Council has the following options:
1.Approve Staff’s recommendation to maintain the assessment rates at their current levels. The
attached “10-Year Fiscal Projection” shows rates being maintained at their current levels and
the reserve levels over the next 10 years; or
2.Reduce the assessment rates; LMD7’s reserves will be depleted at a faster pace requiring the
City’s General Fund to subsidize the district; or
3.Increase the assessment rates above the previously approved maximum amounts. LMD7
would need to comply with the mail ballot provision of Proposition 218. In FY 2009-10, a
mail ballot election on a proposed increase of the assessment rates was processed and not
approved by the property owners; or
4.To not renew the district. If the City Council does not wish to continue the district and wishes
to fund the district from the General Fund, the resolutions are not necessary.
Prepared by: Miguel Hernandez, Public Works Project Supervisor
Fiscal Impact
FISCAL IMPACT:
The Fiscal Year (FY) 2019-20 Engineer’s Report for LMD 7 recommends that the assessment rates
be maintained at their current levels. The annual assessment rates for LMD 7 will be maintained at
$464.06 per improved lot and $139.22 per unimproved lot. The total projected revenue is $173,744
including interest. Including the $221,920 balance from the previous year, the total funding
available is $397,664.
The preliminary operating budget for LMD 7 for FY 2019-20 is $171,285 which is an increase of
0.33% compared to the approved/amended budget for FY 2018-19. The proposed operating budget
not only funds the regular landscape maintenance but is also able to fund some improvements, such
as irrigation system improvements and enhancement to existing landscaping.
Upon 100% completion of the development within LMD 7, there will be 380 improved residential
lots. The district's open space area will increase to 25 acres of landscaped and irrigated areas and
105 acres of open space, for a total of 130 acres. The total cost to maintain these areas is estimated
at $200,000. There are no specific legal requirements or formal guidelines for the amount of
reserves in an assessment district; however, at least 50% is required to cover cash flow. A reserve
between 100% and 200% is recommended by staff to cover cash flow, future capital projects,
emergencies, and as a benefit it also provides interest income.
Attachments
Attachment No. 1 - LMD7 Rate History
Attachment No. 2 - LMD7 Engineer's Report
Attachment No. 3 - 10-Year Projection
Attachment No. 4 - Resolution No. 2019-25
Attachment No. 5 - Resolution No. 2019-26