Resolution - 9683RESOLUTION NO.9683
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT OF
THE ASSESSMENT CONTAINED IN THAT REPORT; ORDERING
CERTAIN LANDSCAPING MAINTENANCE, RENOVATION AND
REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR
FISCAL YEAR BEGINNING JULY 1, 1999.
isWEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7
(FISCAL YEAR COMMENCING 1999-2000)
WHEREAS, the City Council of the City of West Covina, California, did in
Resolution No. 9658 of said Council, pursuant to the provisions of the "Landscaping and Lighting
Act of 1972", (Part 2 of Division 15, Section 22500 et seq. of the Streets and Highways Code of the
State of California), and Proposition 218 (Article XIIID of the California Constitution) require a
State certified engineer to make and file with the City Clerk a report in writing, presenting certain
matters related to annual confirmation West Covina Landscape Maintenance District No. 7 as
contemplated under the provisions of said Act; and
WHEREAS, such Engineer did make and file in the Office of the City Clerk of said
City, a report in writing responsive to the requirements of the Act and Proposition 218;
WHEREAS, the City Council preliminarily approved such report, in conformity
with the provisions of said Act; and did thereafter pass its Resolution of Intention 9674 declaring its
intention to order certain landscaping maintenance, renovation and replacement and appurtenances
to be maintained for the fiscal year beginning July 1, 1999; and
. WHEREAS, said City Council did fix and designate Tuesday, May 18, 1999 at the
hour of 7:30 p.m. of said day as the time for hearing protests in reference to the proposed
maintenance and assessment, at the Council Chamber in the City Hall, 1444 West Garvey Avenue,
in the City of West Covina, California; and
WHEREAS, at the time and place above stated for hearing protests in reference to
the proposed maintenance and assessment said Council did proceed to hold such hearing; and.
WHEREAS, at the time and place above stated for hearing protest in reference to
the proposed maintenance and assessment, written and oral protests and objections, if any, were
filed and presented, which said protests and objectives, if any, were fully and regularly heard and
considered by said Council; and
NOW, THEREFORE, the City Council of the City of West Covina, California, does
hereby resolve as follows:
SECTION 1. That said City Council does hereby deny any and all protests and
objections and does hereby approve, confirm and adopt the said report of said Engineer and does
hereby approve and confirm the assessment proposed for said proposed maintenance as set forth
and referred to in said report, which said report is now on file in the office of the City Clerk of said
City, open to inspection, hereby referred to and made a part hereof, and said City Council does
hereby also confirm and adopt the respective instruments therein contained and designated therein
as SPECIFICATIONS, DIAGRAM AND PLAN, Estimate of Costs and Assessments, all of which,
on file as aforesaid, are hereby incorporated herein and made a part hereof.
• SECTION 2. That said Council does hereby order the said contemplated
maintenance to be made in accordance with the said PLAN AND SPECIFICATIONS therefor, so
adopted and approved, and does order and determine that the fiscal year referred to in said shall be
and the same is hereby fixed and established as the period commencing on July 1, 1999, and
ending on June 30, 2000, both dates inclusive, as therein set forth; and said Council does hereby
levy the said proposed total assessment made to cover the costs and expenses of said improvement
upon the respective several subdivisions of .land in the assessment district and as fixed and
determined by said report, as revised, and the proposed assessment, filed therewith, as aforesaid, in
the office of the City Clerk of said City, for the fiscal year beginning July 1, 1999, and ending June
30, 2000, both dates inclusive.
SECTION 3. That the City Council hereby orders and directs the City Treasurer to
establish a special fund entitled "West Covina Landscape Maintenance District No. 7 Fund", and
who shall place into said Fund all payments of assessments received from the County Tax Collector
and payments shall be made out of said special Fund only for the purposes provided for in said Part
2, Division 15, Streets and Highways Code of the State of California, as set forth in Chapter 5,
Section 22655, of said Code.
SECTION 4. That the City Clerk of the said City is hereby ordered to transmit, or
cause to be transmitted to the County Auditor of Los Angeles County, State of California, as
• contemplated under the provisions of the "Landscaping and Lighting Act of 1972", the Diagram
and Assessment upon which such levy is based, and the County Tax Collector of said County (who
is also the City Tax Collector for said City) is hereby designated, required, empowered, authorized,
instructed, ordered and directed to make collection of all assessments shown in said Assessment
and to perform the acts and duties as are required by law of and to be performed by the officer,
employee, or person so designated.
SECTION 5. That the City Council finds that the levy and collection of these
assessments is statutorily exempt from CEQA pursuant to Section 15273 of the Guidelines, in that
the proceeds of the assessments are to be used for meeting operating expenses, purchasing supplies
and meeting financial reserves needs and requirements.
SECTION 6. That the City Clerk shall certify to the adoption of this resolution.
APPROVED AND ADOPTED this 18th day of May 1999..
/
ATTEST:
City Clerk a�
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council
of the City of West Covina, California, at a regular meeting thereof held on the 18th day of May
1999, by the following vote of the Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN
Herfert, Melendez, Touhey, Howard
None
None
WW9
• APPROVED AS TO FORM:
r
City Clerk �-
• ATTACHMENT "A"
LANDSCAPE MAINTENANCE DISTRICTS NO. 7
15 YEAR RATE HISTORY
FISCAL
YEAR
PER LOT
Improved Unimproved
Proposed
99-2000
$
200.00
$
60.00
98-99
$
200.00
$
60.00
97-98
$
200.00
$
60.00
96-97
$
200.00
$
60.00
95-96
$
200.00
$
60.00
94-95
$
200.00
$
60.00
93-94
$
200.00
$
60.00
92-93
$
3.00
$
1.20
91-92
$
3.00
$
1.20
90-91
$
375.00
$
150.00
89-90
$
500.00
$
200.00
88-89
$
644.00
$
393.00
87-88
$
644.00
$
369.00
86-87
$
644.00
$
432.00
85-86
$
644.00
$
348.00
84-85
$
425.00
$
230.00
•
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ATTACHMENT "B"
LANDSCAPE MAINTENANCE DISTRICT NO. 7
ENGINEER'S REPORT
•
April 6, 1999
Landscape Maintenance District No. 7
•
PRELIMINARY
ENGINEER'S REPORT
FISCAL YEAR 1999-2000
CITY OF WEST COVINA
LANDSCAPE
MAINTENANCE DISTRICT NO 7
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i April 6, 1999
Landscape Maintenance District No. 7
TABLE OF CONTENTS
• Report........................................................ 1
.....................................................
Part A - Plans and Specifications ............................ 3
Part B - Estimate of Costs ............................................ 4
Part C - Assessment Rolls.............................................................. 5
Part D - Method of Apportionment ........................................ 5
Summary of Assessments ........................................ --- 6
Part E - Property Owners List 6
Part F - Assessment Diagram ...................................................... 7
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April 6, 1999
Landscape Maintenance District No. 7
CITY OF WEST COVINA
FISCAL YEAR 1999-2000
ENGINEER'S REPORT
PREPARED PURSUANT TO THE PROVISIONS OF THE
• LANDSCAPING AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679
OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California,
and in accordance with the Resolution of Intention adopted by the City Council of the City of
West Covina, State of California, in connection with proceedings for:
CITY OF WEST COVINA
LANDSCAPING MAINTENANCE DISTRICT NO. 7
Hereinafter referred to as the "Assessment District" or "District," I, Thomas M. Mayer, P.E.,
the City Engineer of the City of West Covina, submit herewith the 'Report" consisting of six
(6) parts as follows:
PART A
PLANS AND SPECIFICATIONS
Plans and specifications for the improvements are as set forth on the lists thereof, attached
hereto, and are on file in the Office of the City Engineer and incorporated herein by reference.
PART B
ESTIMATE OF COST
An . estimate of the costs of the proposed improvements, including incidental cost and
expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and are
on file in the Office of the City Clerk and incorporated herein by reference.
PART C
ASSESSMENT ROLLS
An assessment of the estimate cost of the improvements on each benefited lot or parcel of
land within the Assessment District.
PART D
METHOD OF APPORTIONMENT
The method of apportionment of assessments, indicating the proposed assessment of the net
amount of the costs and expenses of the improvements to be assessed upon the several lots
and parcels of land within the Assessment District, in proportion to the estimated benefits to
be received by such lots and parcels. The Assessment Roll is filed in the Office of the City
Clerk and by reference is made a part hereof.
PART E
PROPERTY OWNER LIST
• A list of names and addresses of the owners of real property within the Assessment District, as
shown on the last equalized roll of the Assessor of the County of Los Angeles. The list is
keyed to the records of the Assessor of the County of Los Angeles, which are incorporated
herein by reference.
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April 6, 1999
Landscape Maintenance District No. 7
PART F
ASSESSMENT DISTRICT DIAGRAM
The Diagram of the Assessment District Boundaries showing the exterior boundaries of the
Assessment District, the boundaries of any zones within the Assessment District and the lines
isand dimensions of each lot or parcel of land within the Assessment District is on file in the
Office of the City Engineer and incorporated herein by reference.
The lines and dimensions of each lot or parcel within the Assessment District are those lines
and dimensions shown on the maps of the Assessor of the County of Los Angeles for fiscal
year to which this Report applies. The Assessor's maps and records are incorporated by
reference herein and made part of this Report.
is
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April 6, 1999
Landscape Maintenance District No. 7
PART A
PLANS AND SPECIFICATIONS
The facilities, which have been constructed within the City of West Covina, and those which
may be subsequently constructed, will be serviced and maintained as generally described as
follows:
• DESCRIPTION OF IMPROVEMENTS
FOR THE CITY OF WEST COVINA
LANDSCAPE MAINTENANCE DISTRICT NO. 7
The existing facilities to be maintained and serviced include public open space and
manufactured slopes and appurtenant facilities. There are approximately 13.75 acres of
landscaped and irrigated area and 83 acres of natural open space within the District.
The District will fund the costs in connection with the District maintenance and servicing
including, but not limited to, personnel, electrical energy, water, materials, contracting
services, and other expenses necessary for the satisfactory operation of these facilities.
Reference is made to Part "D" of this report for a discussion of the Zones of Benefit and the
facilities associated with them, which are serviced and maintained. The facilities are
described as follows:
Landscapingand nd Appurtenant Facilities
Facilities include but are not limited to: trees, irrigation system, hardscape, fixtures,
sidewalk maintenance resulting from landscape growth and appurtenant facilities, in
public open space areas and dedicated easements within the boundaries of said
Assessment District.
Maintenance means the furnishing of services and materials for the ordinary and usual
operation, maintenance and servicing of the landscaping and appurtenant facilities, including
repair, removal or replacement of all or part of any of the landscaping or appurtenant
facilities; providing for the life, growth, health, and beauty of the landscaping, including
cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the
removal of trimmings, rubbish, debris and other solid waste; and the cleaning.
Servicing means the furnishing of water for the irrigation of landscaping and the maintenance
or operation of landscaping or appurtenant facilities.
The Plans and specifications for the improvements are on file in the office of the City
Engineer and are by reference herein made a part of this report.
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April 6, 1999
Landscape Maintenance District No. 7
PART B
ESTIMATE OF COST
The City's budget for the operation and services costs, shown below, detail the estimated costs
and fund balances for Fiscal Year 1999-2000 as available at the time of preparation of this
report. The 1972 Act provides that the total cost can be recovered in the assessment spread
• including incidental expenses. The latter can include engineering fees, legal fees, printing,
mailing, postage, publishing, and all other related costs identified with the district
proceedings.
Expenditures estimated expenditures for maintenance and operation for Fiscal Year
1999-2000 are as follows:
1. DIRECT MAINTENANCE
A. Personnel Services $ 1,830
Subtotal $ 1,830
B. Material and Services
1. Maintenance Contracts $ 97,050
2. Utilities $ 17,900
5. Property and Liability Insurance $ 80
6. Administration and Overhead $ 4,010
Subtotal $119,040
C. Equipment Outlay
Subtotal $ -0-
TOTAL $120,870
II. ENGINEERING AND INCIDENTALS
TOTAL $ -0-
TOTAL OPERATING BUDGET $120,870
I1I. CAPITAL IMPROVEMENT
TOTAL $ _0-
TOTAL OPERATING AND CAPITAL BUDGET $120,870
IV. CONTINGENCY AND RESERVES
A. Cash Flow Reserves $ 20,145
B. Contingency $ 243,385
TOTAL $263,630
TOTAL DISTRICT EXPENDITURES $384,500
Revenues Projected revenues available to the District for Fiscal Year 1999-2000
are as follows:
I. Assessment Income $ 41,000
II. Interest $ 8,300
TOTAL PROJECTED REVENUE $ 49,300
FUND BALANCE (Reserves from Prior Year) 335,200
• TOTAL FUNDS AVAILABLE $384,500
The 1972 Act requires that a special fund be set-up for the revenue and expenditures of the
District. Funds raised by assessment shall be used only for the purpose as stated herein. A
contribution to the District by the City may be made to reduce assessments, as the City
Council deems appropriate. Any balance or deficit remaining on July 1" must be carried over
to the next fiscal year.
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April 6, 1999
Landscape Maintenance District No. 7
PART C
ASSESSMENT ROLL
The proposed assessment, commencing with for Fiscal Year 1999-2000, and amount of
assessment apportioned to each lot or parcel, as shown on the latest roll at the Assessor's
Office, are contained in the Assessment Roll on file in the Office of the City Clerk of the City
of West Covina, which is incorporated herein by reference.
The description of each lot or parcel is part of the records of the Assessor of the County of
Los Angeles and these records are, by reference, made part of this Report.
PART D
METHOD OF APPORTIONMENT OF ASSESSMENT
GENERAL
Part 2 of Division 15 of the Street and Highway Code, the Landscaping and Lighting Act of
1972, permits the establishment of assessment district by cities for the purpose of providing
certain public improvements which include the construction, maintenance and servicing of
street lights, traffic signals, landscaping and park and recreational facilities.
Section 22573, Landscaping and Lighting Act of 1972 requires that maintenance assessments
be levied according to benefit rather that according to assessed value. This section states:
"The net amount to be assessed upon lands within an assessment district may
be apportioned by any formula or method which fairly distributes the net
amount among all assessable lots or parcels in proportion to the estimated
benefits to be received by each such lot or parcel from the improvements."
Because assessments are levied on the basis of benefit, they are not a tax, and, therefore, are
not governed by Article XIIIA of the California Constitution
The Act permits the designation of zones of benefits within any individual assessment district
if "by reason of variation in the nature, location, and extent of the improvements, the various
areas will receive different degrees of benefit from the improvements." (Sec. 22574). Thus,
the 1972 Act requires the levy of a true "assessment" rather than a "special tax."
The Act also permits certain parcels to be exempt from assessment. Excepted from these
assessments are areas of all publicly owned property such as: public streets, public avenues,
public lanes, public roads, public drives, public courts, public alleys, all public easements, and
rights -of -ways, all public parks, public greenbelts and parkways, and all public property being
used for public purposes.
BENEFIT ANALYSIS
All parcels in the City of West Covina Landscape Maintenance District No. 7 derive benefit
from the open space maintenance. The intent of this report is to establish a methodology that
fairly distributes the cost of the system in relation to the benefit received.
• The assessment ratio for all properties is based on dwelling units. Each single family
residential parcel, condominium complex, apartment, duplex, triplex, mobile home park and
other developed land is assessed per dwelling unit. This pro -ration accounts for an adjustment
for street rights -of -way and public easements.
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April 6, 1999
Landscape Maintenance District No. 7
LANDSCAPING MAINTENANCE
Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide
beautification, shade and enhancement of the desirability of the surroundings, and therefore
increase property value.
• Property values in a community are increased when open space areas are improved, safe,
clean and maintained. Facilities that are unsafe or destroyed by the elements or vandalism
decrease surrounding property values. Clean and safe open space areas increase public safety,
help reduce crime and enhance the overall quality of life and desirability of an area.
Conversely, property values decrease when open space areas are in disrepair, unsafe, and
unclean.
•
The United States Department of the Interior, National Park Services, in a publication of June
1984, concluded that, "An investment in parks and recreation helps reduce pollution and
noise, makes communities more livable, and increases property value."
Additionally, the National Recreation and Park Association, in June 1985, stated, "The
recreation value is realized as a rise in the value of land and other property in or near the
recreation area, and is of public interest to the taxpayers, who have a stake in a maximum of
total assessed value."
ZONE CLASSIFICATIONS
Zone classifications depends on whether a parcel is improved or unimproved, those properties
that are improved receive the greater benefit from the service provided.
Zone C1 - All unimproved parcels within the District. There are 250 unimproved
parcels.
Zone C2 - All improved parcels within the District. There are 130 improved parcels.
The land -use classification for each parcel has been based on the 1999-2000 Los Angeles
County Auditor/Controller's Assessment Roll.
ASSESSMENT SUMMARY
The following table summarizes the different assessment rates for the different Zone
Classifications, and compares the proposed assessment with the last year's assessment.
ASSESSMENT SUMMARY AND COMPARISON
ZONE
FISCAL YEAR 99-2000
NET ASSESSMENT
PARCELS
FY 1999-2000
RATE
FY 1998-1999
RATE
CI
$15,000.00
250
$60.00/parcel
$60.00/parcel
C2
$26,000.00
130
$200.00/parcel
$200.00/parcel
Total
$41,000.00
380
C 1 = Unimproved Lots C2 = Improved Lots
PART E
PROPERTY OWNERS LIST
The list with the names and addresses of each property owner of each lot or parcel within the
District Boundaries as shown on the last equalized Property Tax Roll of the Assessor of the
County of Los Angeles, which by reference is hereby made part of this report. This list is
keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the Office
of the Clerk of the City of West Covina.
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April 6, 1999
Landscape Maintenance District No. 7
PART F
ASSESSMENT DIAGRAM
The boundaries of the District are within the boundaries of the City of West Covina. A
diagram showing the exterior boundaries of the District, boundaries of any zone within the
• Assessment District and the lines and dimension of each lot or parcel of land within the
District is on file in the office of the City Engineer and incorporated herein by reference.
The lines and dimensions of each lot or parcel within the Assessment District are those lines
and dimensions shown on the maps of the Assessor of the County of Los Angeles and are, by
reference, made part of this report.
• NG.MHAWord Pilcs\ENGINEER'sREPOR'1'1999-2000.doc
7
April 6, 1999
Landscape Maintenance District No. 7
ENGINEER'S REPORT
CITY OF WEST COVINA
LANDSCAPE MAINTENANCE DISTRICT NO. 7
The undersigned respectfully submits the enclosed report directed by the City Council. The
undersigned certifies that he or she is a professional Engineer, registered in the State of
• California.
Dated:
Thomas M. Mayer, P.E.
City Engineer
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll
and Assessment Diagram thereto attached, was filed in the Office of the City Clerk on the
day of 1999.
City Clerk, City of West Covina
County of Los Angeles, California
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll
and Assessment Diagram thereto attached, was approved and confirmed by the City Council
of the City of West Covina, California, on the day of , 1999.
City Clerk, City of West Covina
County of Los Angeles, California
I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor
of the County of Los Angeles, on day of , 1999.
City Clerk, City of West Covina
County of Los Angeles, California
0