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05-07-2019 - Item 09 - Begin Annual Proceedings Fo Landscape Maintenance District No. 6 and Preliminary Approval of The Engineer's ReportAGENDA ITEM NO. 9 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. 6 AND PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT RECOMMENDATION: It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2019-23 - 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. 6 RESOLUTION NO. 2019-24 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA PRELIMINARILY APPROVING THE ENGINEER’S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6, 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. 6 (LMD6) was established in 1980 at the request of the owner of the development in lieu of forming a Homeowners’ Association. LMD6 is generally located in the easterly end of the City known as South Hills. 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. LMD6 contains 238 single-family dwellings, approximately 12 acres of landscaped and irrigated areas, and approximately 65 acres of natural open space areas. DISCUSSION: The Landscaping and Lighting Act of 1972 (Streets & Highways Code 22500 et seq.) sets forth requirements for annual proceedings for LMD6. 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) 2019-2020. The annual assessment rates for LMD6 will be maintained at $650 per 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; LMD6’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 maximum rate of $650 annually. LMD6 would need to comply with the mail ballot provision of Proposition 218 to do this; or 4.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 FY 2019-20 Engineer’s Report for LMD6 recommends that the assessment rates be maintained at their current levels. The assessment rate for LMD6 is based on a special uniform benefit to the property owners and is recommended to remain at its current level of $650 per lot annually ($54.16 per month). The projected revenue from the recommended rates is $154,700. Including the balance of $175,758 from the previous year, the total funding available is $330,458. The preliminary operating budget for LMD6 is $161,947, which is an increase of 1.39% when compared to the approved/amended budget for FY 2018-19. The proposed operating budget only funds the regular landscape maintenance services. 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 - LMD6 Rate History Attachment No. 2 - LMD6 Engineer's Report Attachment No. 3 - 10-Year Projection Attachment No. 4 - Resolution No. 2019-23 Attachment No. 5 - Resolution No. 2019-24