Resolution - 2004-101RESOLUTION NO. 2004-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ESTABLISHING THE COASTAL SAGE AND
SCRUB (CSS) COMMUNITY FACILITIES DISTRICT AND SETTING AN
ELECTION ON THE LEVY OF SPECIAL TAXES BY SAID DISTRICT
• FOR DECEMBER 21, 2004
WHEREAS, the area within the City limits commonly known as the BKK landfill is
currently being developed for the benefit of the City and its residents (the `BKK
developments");
WHEREAS, portions of the BKK developments, and adjacent and surrounding areas, are
comprised of environmentally -sensitive habitat, including habitat for endangered species such as
the California gnatcatcher (Polioptila californica californica);
WHEREAS, the City of West Covina Community Development Commission has entered
into certain agreements with State and/or federal agencies concerning the restoration and
maintenance of sensitive environmental habitat generally within the area of the BKK
developments;
WHEREAS, the City desires to establish a mechanism to fund the restoration,
maintenance, and preservation of sensitive environmental habitat within the area of the BKK
developments, and to fund the establishment and maintenance of related open space and other
facilities and services;
WHEREAS, in order to accomplish the foregoing, the City desires to form a community
facilities district pursuant to the Mello -Roos Community Facilities Act of 1982 (Gov't Code §
53311, et seq.; the "Act"), and to levy a special tax on all property within the district for legal -
permitted facilities and services;
WHEREAS, on October 19, 2004, the City Council adopted a Resolution of Intent
(Resolution No. 2004-83) to form a community facilities district under the Act, identified as the
"Community Facilities District No. One, Coastal Sage and Scrub (CSS) Community Facilities
District," and directed staff to implement the Act's requirements for formation of said District;
WHEREAS, subsequent to the adoption of the Resolution of Intent, staff implemented all
prerequisites to the establishment of the CSS Community Facilities District, including but not
limited to the preparation and filing of an engineering report for said District (the "Special Tax
Report; Community Facilities District No. 1; Coastal Sage and Scrub (CSS)," referenced
hereinbelow); the publication of notice for a public hearing on formation of the proposed
District; the delivery of notice of the public hearing to all landowners owning property within the
proposed District's boundaries;
WHEREAS, on December 7, 2004, the City Council opened a public hearing on the
formation of the proposed District and voted to continue said hearing to December 21, 2004;
WHEREAS, the City Council now wishes to establish the Community Facilities District
as provided herein, and all protests against formation of the proposed District are insufficient to
prevent its formation;
WHEREAS, the City Council has received notice of all landowners owning property
• within the proposed District of their consent to a waiver of all election requirements for the levy
of special taxes by the District and for the holding of an election thereon at a time immediately
following the adoption of this Resolution, and the City Council also now wishes to set such
election on the levy of special taxes by the proposed District, to occur on December 21, 2004
immediately following the adoption of this Resolution; and
Reso. No. 2004-101
Page 2 of 5
E
•
WHEREAS, the City Council exercising independent judgment has determined that the
project meets the criteria for a Class 7, Section 15307 Categorical Exemption, a Class 8, Section
15308 Categorical Exemption, pursuant to the guidelines for implementation of the California
Environmental Quality Act ("CEQA" [Public Resources Code § 21000, et seq.]; "CEQA
Guidelines" [Title 14, Div. 6, Chapt. 3 of the Cal. Code of Regulations]), and that the proposed
project will not have a significant adverse impact on the environment.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of West Covina as
follows:
SECTION 1. The City Council hereby affirms the accuracy of the foregoing recitals.
SECTION 2. In support of Class 7 and 8 Categorical Exemptions for this action (14
CCR §§ 15307, 15308), the City Council hereby adopts the following findings:
A. The project will facilitate the establishment, maintenance, restoration and
enhancement of a natural resource, in that the project seeks to establish a community
facilities district which will impose a special tax for the purpose of funding habitat
restoration and maintenance programs pursuant to agreements reached with the U.S.
Fish & Wildlife Service and other federal and State agencies.
B. The formation of a community facilities district for such purpose is authorized by the
Mello -Roos Community Facilities Act of 1982 (Gov't Code § 53311, et seq.), and the
habitat restoration and maintenance programs have been approved by all requisite
federal and State authorities, and by the City Council of the City of West Covina.
SECTION 3. Pursuant to the Mello -Roos Community Facilities Act of 1982 (Gov't
Code § 53311, et seq.), the City Council hereby establishes a community facilities district, and
determines the following:
A. The District is hereby formed pursuant to Chapter 2.5 of Division 2, Part 1, of Title 5
of the California Government Code;
B. The boundaries of the District are as indicated on the map attached hereto as "Exhibit
A" and incorporated herein by reference;
C. The name for the District is "Community Facilities District No. One, Coastal Sage
and Scrub (CSS) Community Facilities District" (hereafter, the "District");
D. The public facilities and services to be financed by the District are the following:
1. Maintenance for parks, parkways, and open space;
2. Implementation of the "Conceptual Coastal Sage Scrub Conservation and
Monitoring Plan" (the "CSS Plan") submitted to the U.S. Army Corps of
Engineers and the U.S. Fish & Wildlife Service. A full and complete copy of the
CSS Plan is on file at the offices of the City Clerk and shall be made available to
the public upon request. In general, the facilities and services required under the
CSS Plan are as summarized in the "Special Tax Report; Community Facilities
District No. 1; Coastal Sage and Scrub (CSS)," attached to this resolution as
"Exhibit B" and further summarized follows:
a. Establishment of approximately 23 acres of coastal sage scrub within
disturbed and non-native annual grassland portions of open space and
manufactured slopes of the District;
b. Monitoring site preparation activities, native seed mix application, CSS Plan
implementation, and overall site performance. Site preparation activities
include protection of existing native plan species, weed removal, soil
treatments, ripping, auguring, inoculation, irrigation installation, and seed mix
application;
Reso. No. 2004-101
Page 3 of 5
c. Performing all site preparation procedures, irrigation system installation,
application of native seed mix to designated areas, maintenance tasks, and
facilitating compliance with all site performance standards. Maintenance
tasks include a three to five-year maintenance program providing for
protection of the site area, erosion control, signage installation, weed control,
replacement, trash removal, pest control, and cowbird monitoring and
• trapping. Maintenance tasks may include extended maintenance beyond the
three to five-year program period;
d. Implementation and monitoring, including site inspection and assessment of
CSS Plan progress and success, site monitoring and evaluation;
e. Site status documentation, including preparation of an installation summary
report, progress reports, and annual status reports.
3. Implementation of such other conservation measures summarized in the Special
Tax Report attached hereto as "Exhibit B" or as may be required by the U.S. Fish
& Wildlife Service, the U.S. Army Corps of Engineers, the California Department
of Fish & Game, or other regulatory agency exercising jurisdiction over lands
within the District ("Conservation Measures"). Full and complete copies of
documents concerning such Conservation Measures are on file at the offices of
the City Clerk and shall be made available to the public upon request. In general,
the facilities and services required by the Conservation Measures are as follows:
a. Establishment of a twenty-four acre coastal sage scrub conservation area, for
preservation and management of existing coastal sage scrub (the
"Conservation Area");
b. Establishment of a conservation easement over the CSS Plan and
Conservation Area lands, and implementation of all requirements relating
thereto;
c. Monitoring the Conservation Area as required by the Conservation Measures;
d. Fencing and flagging the Conservation Area to mitigate the impact of
construction or other human activities;
e. Salvaging native topsoil and grubbed plant material, and spreading, as
required by the Conservation Measures;
f. Preparation of a shielded lighting plan for the CSS Plan and Conservation
Area lands, and implementation and maintenance of any final approved
shielded lighting plan for such lands;
g. Implementation and maintenance of a fencing plan as required by the
Conservation Measures;
h. Preparation of a brown -headed cowbird monitoring plan for the CSS Plan and
Conservation Area lands, and implementation and maintenance of any final
approved monitoring plan for such lands;
i. Implementation and maintenance of policies prohibiting landscaping with
plants identified by the California Exotic Pest Plan Council as an invasive risk
in southern California;
isj. Implementation and maintenance of policies regarding dumping of trash and
maintenance of fencing adjacent to CSS Plan and Conservation Area lands.
E. Except where funds are otherwise available, a special tax sufficient to pay for all
facilities and services, secured by recordation of a continuing lien against all
nonexempt real property in the District, will be annually levied within the area. The
rate, method of apportionment, and manner of collection of the special tax will be as
follows:
Reso. No. 2004-101
Page 4 of 5
1. All property within the District shall be subject to a special tax rate no greater
than that described in the Special Tax Report attached hereto as "Exhibit B." In
general, such maximum special tax rate amounts to: (1) an average special tax
rate of $1,069.05 per acre for all property within the District's boundaries except
those parcels identified as the `BKK Parcels" (APN's 8735-001-009, 8735-002-
is
018, and 8735-002-019); and (2) an average special tax rate of $96.37 per acre for
said BKK Parcels (actual taxes for the BKK Parcels is based on a flat 25%-figure,
as described in the Special Tax Report, "Exhibit B"). A complete description of
the special tax rate, method of apportionment, and related matters required by the
Mello -Roos Act are provided in the Special Tax Report, "Exhibit B," attached
hereto;
2. The special tax to be levied against each property within the District shall be
computed and presented to the Los Angeles County Auditor/Controller
commencing with Fiscal Year 2005/06. The County Auditor/Controller shall enter
on the County Tax Roll opposite each parcel of land the amount of levy, and such
levies shall be collected at the same time and in the same manner as the County
property taxes are collected. After collection by the County, the net amount of the
levy shall be paid to the City.
F. No special tax shall be levied within the District against any parcel that is
subsequently used for private residential purposes;
G. There shall be no adjustment in property taxation to pay prior indebtedness for the
District.
H. Voting procedure on the election for levying of special taxes by the District shall be
as follows:
1. The City Council hereby sets an election on the proposed levy of special taxes by
the District, and for the canvass of returns, for December 21, 2004, to commence
immediately following the City Council's adoption of this Resolution.
2. Unless waived by landowners owning property within the District, all election
requirements provided in the Resolution of Intent shall govern the election.
3. Prior to the close of the hearing, the City Council shall direct a canvass of returns
and shall declare and certify the results thereof. In the event that landowners
owning property within the District have waived election requirements, and/or
designated other entities to cast their votes on their behalf, such votes may be cast
(verbally or otherwise) at the election by any person or body so designated, and
all votes so cast shall be counted by the City Clerk in determining the final vote.
4. In the even that two-thirds or more of the votes cast favor the levying of the
special tax, the City Council may thereupon levy the special tax.
SECTION 4. Pursuant to Section 53325.1(a) of the California Government Code, the
City Council hereby affirms the following:
A. The proposed special tax to be levied within the District has not been precluded by
majority protest pursuant to Government Code Section 53324.
• B. The facilities and services proposed to be funded with the special tax shall be those
described in subdivision D. of Section 3 of this Resolution, above.
C. The name, address, and telephone number of the office which will be responsible for
preparing annually a current role of special tax levy obligation by assessor's parcel
number and which will be responsible for estimating future special tax levies pursuant
to Government Code Section 53340.1 is: City of West Covina City Engineer, 1444
W. Garvey Avenue, West Covina, CA 91790, (626) 939-8425; or his/her designee.
Reso. No. 2004-101
Page 5 of 5
D. Upon recordation of a notice of special tax lien pursuant to Section 33114.5 of the
Streets & Highways Code, a continuing lien to secure each levy of the special tax
shall attach to all nonexempt real property in the District and this lien shall continued
in force and effect until the special tax obligation is prepaid and permanently satisfied
and the lien is canceled in accordance with law or until collection of the tax by the
legislative body ceases.
• E. The boundary map of the proposed District is recorded in Los Angeles County, book
190, page 51, in the Book of Maps of Assessments and Community Facilities
Districts, maintained in the Los Angeles County Recorder's Office.
SECTION 5. The City Council hereby determines that all proceedings for the formation
of the District were valid and in conformity with the requirements of Chapter 2.5 of Division 2,
Part 1, of Title 5 of the California Government Code.
APPROVED AND ADOPTED this 2 1 " day of December, 2004.
&041zaa
Mayor Michael L. Miller
ATTEST:
Deputy City Clerk Susan Rush
I, SUSAN RUSH, DEPUTY CITY CLERK of the City of West Covina, California, do 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 2151 day of December, 2004, by the
following vote of the City Council:
AYES: Herfert, Hernandez, Sanderson, Wong, Miller
NOES: None
ABSENT: None
ABSTAIN: None
Deputy City dierk Susan Rus
APPROVED AS TO FORM:
44&
City Attorney old Alvarez-Glasman
0
11
•
PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. ONE
COASTAL SAGE AND SCRUB (CSS) COMMUNITY FACILITIES DISTRICT
CITY ❑F WEST COVINA
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
,fMPPMP,..` 8735-001-901
`"�..
B735-001-900 '�•.�
B735-001-902
8735-001-009
8J35-002-90�'•�•
8735-001-903
8]�2-903
EXHIBIT A
I
B ]35-002-018 - .
FILED IN IMC WIDE OC FIE CITY RCRN Or INC .... OF VCSI CU". ON OCTOBER 19, 2001
I MCRCBY CERTIFY bW l TIC VIININ MAP STORING IIE PROPOSED B0. DARKS OF IK COMMUNITY
1 ♦1[y_LCP NLMIri-ND
FACILITIES DISTRICT NO ONE COASTAL SAGE PNO SCRUB (CSSM COMMUNITY FACILITIES DISTRICT,
CITY M VCSI CDVINA- COUNTY OF LDS "W"S, STATE OF CALIFORNIA, VAS APPROVED BY INC CITY
- -•-•• PROPOSED BWNDARICS OF COMMUNITY FACILITIES
COSINE& O' TIC CITY OT' VCSI COVIM AT A RCQSM1R MCCpNG TMCREW, HELD M OE MY
DISTRICT NO ONE, COASTAL SALE AND SCRUB (CSS)
_
OF - 2001, BY ITS RESOLUTION NO,
COMMUNITY FACILITIES DISTRICT,
CIIY CL CRR
CIIY W VEST COVINA. CALIFORNIA
FILED TMS DAY W 2001 AI TIC MOUR OF _ 0CL TICK
_,M IN BEG"
OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS
AT PALE IN IMF OFFICE OF IME CpNTY RCCOROCR IN TIC C"Tr b'
LOS ANGELES, STATE 6' CALIFORNIA
FCC,
N6
COUNTY RECORDER
COUNTY W L➢SA ANGELES, CALIFORNIA
kEFCRENCE M4 IDS ANGELES CIYMTY ASSESSOR'S MAPS FOR A DCIAILCD OESCRIPIIDN UP PARCEL LINOS AND DNINI.S. SN CT I 0 I
p0.xpwY pv4 [AS 11/SS/p/
•
• EXHEIIT B
"EXHEIIT B"
SPECIAL TAX REPORT: COMMUNITY FACILITIES DISTRICT NO 1
COASTAL SAGE AND SCRUB (CSS)
(Refer to Attachment No. 1)
•
•
ATTACHMENT NO. 1
SPECIAL TAX REPORT
COMMUNITY FACILITIES DISTRICT NO. 1
COSTAL SAGE AND SCRUB (CSS)
FOR THE
CITY OF WEST COVINA
Prepared By
Berryman & Henigar
DECEMBER 7, 2004
•
r G'
•
Introduction
•
COMMUNITY FACILITIES DISTRICT NO. 1
COSTAL SAGE AND SCRUB (CSS)
City of West Covina
TABLE OF CONTENTS
a
11
0
Community Facilities District No. 1
December 7, 2004
Paoe i
COSTAL SAGE AND SCRUB (CSS)
Community Facilities District No. 1
City of West Covina
INTRODUCTION
Special Tax Report
The City of West Covina (City) has been requested to initiate proceedings to establish a
Community Facilities District (District) for the purpose of restoring and maintaining
habitat areas as described in Costal Sage Scrub Conservation and Monitoring Plan
dated May 22, 2003. The District may also fund the maintenance of parkway
landscaping and lighting as described in this report.
The proposed District is located in the City of West Covina, County of Los Angeles,
State of California, as depicted on a reduced map of the boundaries thereof, Exhibit A,
Boundary Map, included herein.
On October 19, 2004, the City Council adopted a resolution entitled "Resolution of
Intention to Establish a Community Facilities District", Resolution No. 2004-83 declaring
its intention to form the District and ordered the preparation of a report describing the
proposed services to be financed by the District if it is formed. The proceedings are
being conducted in accordance with the provisions of the "Mello Roos Community
Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5; commencing with
Section 53311, of the Government Code of the State of California (the Act). The report
has been prepared by, or under the direction of the Director of Public Works and other
such officers responsible for the providing of the services to be financed by the
proposed District. The report has been prepared in accordance with Section 53321.5 of
the Act and includes among other information:
a) A description of the habitat restoration and preservation services and other
maintenance services which are required to adequately meet the needs of the
District (Part II).
b) An estimate of the fair and reasonable cost of habitat restoration.and
preservation maintenance services, and parkway maintenance and all other
related costs as provided in Section 53345.3 of the Act (Part III).
•
•
Community Facilities District No. 1
December 7, 2004
Paqe 1
Part I - Description of District
Special Tax Report
The proposed District (Preserve Maintenance District) Community Facilities District No.
1 as shown in Exhibit A includes the following Assessor's Parcel Numbers:
Assessor's Parcel
Number
8735 002 018
8753 002 019
8753 002 901
8735 002 902
8735 002 903
8735 001 900
8735 001 009
8735 001 901
8735 001 902
8735 001 903
Owner
BKK Company
BKK Company
Redevelopment Agency of West Covina
Redevelopment Agency of West Covina
Redevelopment Agency of West Covina
Redevelopment Agency of West Covina
BKK Company
Redevelopment Agency of West Covina
Redevelopment Agency of West Covina
Redevelopment Agency of West Covina
The acreage for each parcel shall be as shown on the records of the County Assessor's
Office, County of Los Angeles.
A tentative parcel map has been filed with the City of West Covina, Map 60193, which
will facilitate the development of the parcels described above as shown in Exhibit B. It
is anticipated that this Parcel Map will have been recorded prior to the levy of the
Special Tax. The proposed ownership and acreage at the time of recording is shown
below, although the City has entered into agreements to sell certain of the parcels upon
recordation of the parcel map.
Ownership
Owner
Parcel 1
Redevelopment Agency of West Covina
Parcel 2
Redevelopment Agency of West Covina
Parcel 3
Redevelopment Agency of West Covina
Parcel 4
Redevelopment Agency of West Covina
Parcel 5
Redevelopment Agency of West Covina
Parcel 6
Redevelopment Agency of West Covina
Parcel 7
Redevelopment Agency of West Covina
Parcel 8
Redevelopment Agency of West Covina
Parcel 9
Redevelopment Agency of West Covina
Parcel 10
Redevelopment Agency of West Covina
Parcel 11
Redevelopment Agency of West Covina
Parcel 12
Redevelopment Agency of West Covina
8735 001 009
BKK Company
8735 002 018
BKK Company
8735 002 019
BKK Company
s
C�
•
Community Facilities District No. 1
December 7, 2004
Facie 2
Exhibit A
Boundary Map
Special Tax Report
I;I! 111NI I: IIIIIINOANI S I I
CCMMUNITY FACILITIES DISTRICT NO. ONE
COASIAL SAGL AND SCI?UD (CSS) COMMUNI Y FACILII -S UISIRICI
�ITY ]T \.'ES- COV-NA
COUNTY OF _OS ANGELES, S-A-E OF CPL=FORMA
i,�unrr amn rv� ev voa rw amvc it wow mwv z � m«mir
m.w��i,ciiiF •ni��rr¢rv:R ":awn ..m .� J�•w o ...,....•.•mrs= ..::.",.':: � , •. �� _ ..
N ,J. vowu
f r �_
A
•
Community Facilities District No. 1
December 7, 2004
Paoe 3
Exhibit B
Tentative Parcel Map No. 60193
Special Tax Report
PARCEL 10
"ARITA)AR
B 1
8
PARCEL 7
C
p
PARCEL 12
11 A U
E
6 PARCELI
4
ARCEL 2
/J
SCALE: 1' a 750'
O -750 1500 2250
HAa,TAr AREA
r,,—d 0, CITY OF WEST C f
........... _ •••'•• e•••••V••1O•
TENTATIVE PARCEL MAP
w. r,s.ww.r
5WE: OA\C
Tentative Parcel
Mn No. 60793
Proposed
7.auln
Size (Acres)
Parcel 1
"Service Commuciel"
17.0
Parcel 2
"Service Commercial"
18.5
arcet 3
' Service Commercial"
4.8
ar Pcel 4
•'SeEvlce Commercal"
1.7
Parcel 5
"Service Commercial"
1.0
Parcel 6
"3ernee CoTnmerotal"
0.7
�7
27.1
Pazcel 3
en S ace'•
4.7
Parcel 9
"Service Commerdal"
2.6
Parcel 10
26
Parcel 11
"O en S oce'•
2.2
Parcel 12
"9 etlflc Plan No. SS"
94.6
Parcel I
"Specific FI= No. 16"
24.6
Parcels A — E
N/A
5.7
• Note: For BKK Parcel (APN No's 8735-001-009, 8735-002-018 and 8735-002-019)
refer to Boundary Map shown in Exhibit A.
•
Community Facilities District No. 1
December 7, 2004
Paae 4
Part II - Description of Facilities/Services
Special Tax Report
The proposed services include all direct, administrative and incidental annual costs and
expenses related to the maintenance, operation and management of public or private
property required by the Costal Sage Scrub Habitat Conservation and Monitoring Plan
(the "Plan") dated May 22, 2003 or as may be amended.
The Plan describes the habitat maintenance and monitoring that may be funded through
land secured financing including this CFD. The proposed services to be funded by the
District shall not include the initial habitat creation or establishment within the project
open space areas. Revenues from this CFD may be used for habitat maintenance,
biota monitoring, and preserve security including ordinary and necessary administrative
expenses and reserve fund requirements. Such services shall include the following:
A. Habitat Maintenance
1. Maintenance activities as described in the "Conceptual Coastal Sage Scrub
Conservation and Monitoring Plan" (the "CSS Plan") submitted to the U.S. Army
Corps of Engineers and the U.S. Fish & Wildlife Service. In general, the
maintenance services required under the CSS Plan are as follows:
a. On -going maintenance and monitoring for the approximately 23 acres of
coastal sage scrub to be established by the City within disturbed and non-
native annual grassland portions. of open space and manufactured slopes
of the District;
b. Maintenance and protection of native plant species, weed removal, soil
treatments, and maintenance of irrigation systems or other improvements
as required under the plan;
c. Other services as needed for the protection of the site area, including
erosion control, maintenance of signage, weed control, trash removal,
pest control, and cowbird monitoring and trapping:
d. On -going monitoring and site inspection and assessment of CSS Plan
progress and success;
e. Site status documentation, including preparation of an installation
summary report, progress reports, and annual status reports.
2. Maintenance of such other conservation measures as are or may be required by
the U.S. Fish & Wildlife Service, the U.S. Army Corps of Engineers, the California
Department of Fish & Game, or other regulatory agency exercising jurisdiction
over lands within the District ("Conservation Measures"). Full and complete
copies of documents concerning such Conservation Measures are on file at the
offices of the City Clerk. In general, the maintenance services required by the
Conservation Measures are as follows:
a. Maintenance of a 24 acre coastal sage scrub conservation area, for
preservation and management of existing coastal sage scrub (the
"Conservation Area");
b. Preparation and recording of a conservation easement over the CSS Plan
and Conservation Area lands;
i�
•
Community Facilities District No. 1
December 7, 2004
Paoe 5
Special Tax Report
c. Monitoring the Conservation Area as required by the Conservation
Measures;
d. Maintenance of fencing and flagging within the Conservation Area to
mitigate the impact of construction or other human activities;
e. Salvaging native topsoil and grubbed plant material, and spreading, as
required by the Conservation Measures, as required by maintenance ;
f. Maintenance of lighting shields on lighting within public rights -of -way or
easements as required in the Shielded Lighting Plan for the CSS Plan and
Conservation Area lands, the maintenance of lighting shields on lighting
located on private property shall be the responsibility of the property
owner and District funds may not be used to maintain lighting shields for
lighting installed on private property;
g. Maintenance of the brown -headed cowbird monitoring plan for the CSS
Plan and Conservation Area lands;
h. Maintenance of policies prohibiting landscaping with plants identified by
the California Exotic Pest Plan Council as an invasive risk in southern
California;
i. Maintenance of policies regarding dumping of trash and maintenance of
fencing adjacent to CSS Plan and Conservation Area lands.
B. Resource Monitoring Program
1. Resource monitoring includes on -going activities related to the annual biota
monitoring and reporting program consistent with the CSS to identify changes in the
quality and quantity of preserve resources including wildlife species, sensitive plants
and sensitive habitat types.
C. Parkway Maintenance
1. Parkway Maintenance includes the maintenance of roadway medians and parkways,
operation and maintenance of roadway lighting, and maintenance and servicing of
landscaping within the public rights -of way including all utilities required to provide or
maintenance these services.
e
•
•
Community Facilities District No. 1
December 7, 2004
Page 6
Part III - Cost Estimate
Special Tax Report
The estimate of the fair and reasonable cost of the proposed services for Habitat
Maintenance and Monitoring and all other related costs is deemed to be not greater
than $163,900 if all services and facilities were required for the fiscal year ending June
30, 2006 as shown below. In addition, the City may recover the costs of district
formation and preparation of the Habitat Mitigation and Monitoring Plan including the
botanical and wildlife surveys required for the preparation of the plan. These costs
shall be recovered during the first five years on a pro-rata basis form parcels in
Improvement Area A
_ _Category 1 - Habitat Maintenance and Monitoring__
Habitat Maintenance Budget
_
___
Maintenance of 47 acres _
-----------
$33,500
--------
Cowbird -Monitoring and Trapping
Preserve Administration
----
- $19,500
Maintenance Reserve
Operating_ Reserve
--__--_.
Allocable Portion of District Administration
----- --- — ---
$$3,500
$3,500
-------
Subtotal Maintenance Budget
--.......... - - -- ---- ------
$107 000
-----
—----- Monitoring Budget
--zed —Costs
--
---
Annua----li
Co- ---
ntra------ - ---- ----- -- — -- - - -- -- —
Cct Administration
Monitoring Reserve— _ __________
$35,000
---
$7,000
_
-Operating Reserve --
- $18,000
-------...
Allocable Portion of District Administration—
Subtotal Monitoring Budget
_
$2,500
$56,900
Total Budget for Habitat Maintenance and Monitoring
—$163,900
Category 2 Parkway
Improvement
Improvement
Improvement
Maintenance
Area A
Area B
Area C
District Formation and Cost
Reimbursement (First five
$25,000
N/A
N/A
ears only)
Annualized Maintenance
Costs
---
$45,100
$18,000
$27,000
-- -- ---- --------- -- ---- -
Contract Administration
----------
$5,000
-------- — -
$3,540
-- -----
$4,800_
Allocable Portion of District
Administration
$2 500
$1,500
_
$1,800
Total Budget for Parkway
Maintenance
$67,600
$23,040
$33,600
•
Community Facilities District No.
December 7, 2004
Paoe 7
Special Tax Report
Each Fiscal Year thereafter, the City shall cause to be prepared annually a budget
showing the estimate of cost for Category I -Habitat Maintenance, Resource Monitoring,
and Category 2 - Parkway Maintenance for the coming year for Improvement Areas A,
B, and C of the District. The budget for each Fiscal Year may show the proportional
cost of those maintenance and/or monitoring activities which occur less frequently than
on an annual basis.
Parcels included within Improvement Area A shall include Parcels 7, 8, 9, 11 and 12 as
shown on the Tentative Parcel Map 60193. Parcels included within Improvement Area
B shall include Parcels 7, 8, 9, and 12 as shown on the Tentative Parcel Map 60193.
Parcels included in Improvement Area C shall include Parcels 8, 9, and 12 as shown on
the Tentative Parcel Map 60193.
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•
Community Facilities District No. 1
December 7, 2004
Paoe 8
Part IV - Rate and Method of Apportionment of Special Taxes
ANNUALTAX
Special Tax Report
A Special Tax shall be levied annually on each Parcel of land within the Maintenance
District, Community Facilities District No.1 of the City of West Covina (the "District"), and
collected according to the Special Tax Liability determined by the City of West Covina
(the "City") through the application of the following procedures. All of the property within
the District, unless otherwise exempted by law or the express provisions of the rate and
method of apportionment expressed below, shall be taxed to the extent and in the
manner provided below.
All Special Taxes applicable to Parcels shall be collected in the same manner and at the
same time as ordinary ad valorem property taxes, and Special Taxes so levied will be
subject to the same penalties and procedures, sale and lien priority in case of
delinquency as is provided for ad valorem taxes.
DEFINITIONS
Acre or Acreage means the area of a Parcel as shown on the latest maps of the
Assessor of the County of Los Angeles, or if the area of such Parcel is not shown on
such Assessor's maps, the area as shown on a current recorded subdivision map,
parcel map, record of survey or other recorded document creating or describing the
Parcel. If the preceding maps are not available, the area shall be determined by the
City Engineer.
Administrative Expenses means the direct and indirect expenses incurred by the City
in carrying out its duties with respect to the District (including, but not limited to, the levy
and collection of the special taxes) including the fees and expenses of its counsel, any
fees of the County related to the District or the collection of special taxes, an allocable
share of the salaries of City staff directly related thereto and a proportionate amount of
the City's general administrative overhead related thereto, any amounts paid by the City
from its general fund with respect to the District, and all other costs and expenses of the
City related to the administration of the District.
City means the City of West Covina.
• Development Parcel means the following parcels as shown on Tentative Parcel Map
No. 60193 including any subsequent segregation or consolidation of parcels (Parcels 1,
2, 3, 4, 5, 6, 7, 8, 9, 11 and 12) and Assessor parcel 8735,001-009, 8735 002 018 and
8735 002 019.
District means Community Facilities District No. 1 of the City of West Covina.
Fiscal Year means the period starting on July 1 and ending the following June 30.
•
•
Community Facilities District No. 1
December 7, 2004
Paqe 9
Special Tax Report
Maximum Special Tax means the maximum special tax that can be levied within CFD
No. 1 by the City Council in any Fiscal Year for each Development Parcel.
Parcel means any Los Angeles County Assessor's Parcel or portion thereof that is
within the boundaries of the District designated on a map of the Los Angeles County
Assessor and which has been assigned a discrete identifying number on the equalized
tax rolls of the County.
Operating Fund means a fund that shall be maintained for any Fiscal Year to pay for
services within each budget category as defined herein including Administrative
Expenses and shall include a Reserve Fund for the category.
Operating Fund Balance means the amount of funds in the Operating Fund at the end
of the preceding Fiscal Year.
Operating Fund Requirement means for any Fiscal Year an amount equal to the
Operating Fund Requirement plus Reserve Fund Requirement by category for the
current Fiscal Year in which Special Taxes are levied.
Services means those activities, including the cost of contract management and
administration, defined as follows:
1. Maintenance activities as described in the "Conceptual Coastal Sage Scrub
Conservation and Monitoring Plan" (the "CSS Plan") submitted to the U.S. Army
Corps of Engineers and the U.S. Fish & Wildlife Service. In general, the
maintenance services required under the CSS Plan are as follows:
a. On -going maintenance and monitoring for the approximately 23 acres of
coastal sage scrub to be established by the City within disturbed and non-
native annual grassland portions of open space and manufactured slopes
of the District;
b. Maintenance and protection of native plant species, weed removal, soil
treatments, and maintenance of irrigation systems or other improvements
as required under the plan;
c. Other services as needed for the protection of the site area, .including
erosion control, maintenance of signage, weed control, trash removal,
pest control, and cowbird monitoring and trapping:
d. On -going monitoring and site inspection and assessment of CSS Plan
progress and success;
e. Site status documentation, including preparation of an installation
summary report, progress reports, and annual status reports.
2. Maintenance of such other conservation measures as are or may be required by
the U.S. Fish & Wildlife Service, the U.S. Army Corps of Engineers, the California
Department of Fish & Game, or other regulatory agency exercising jurisdiction
over lands within the District ("Conservation Measures"). Full and complete
copies of documents concerning such Conservation Measures are on file at the
•
Community Facilities District No. 1
December 7, 2004
Paqe 10
Special Tax Report
offices of the City Clerk. In general, the maintenance services required by the
Conservation Measures are as follows:
a. Maintenance of a 24 acre coastal sage scrub conservation area, for
preservation and management of existing coastal sage scrub (the
"Conservation Area");
b. Preparation and recording of a conservation easement over the CSS Plan
and Conservation Area lands;
c. Monitoring the Conservation Area as required by the Conservation
Measures;
d. Maintenance of fencing and flagging within the Conservation Area to
mitigate the impact of construction or other human activities;
e. Salvaging native topsoil and grubbed plant material, and spreading, as
required by the Conservation Measures, as required by maintenance ;
f. Maintenance of lighting shields on lighting within public rights -of -way or
easements as required in the Shielded Lighting Plan for the CSS Plan and
Conservation Area lands, the maintenance of lighting shields on lighting
located on private property shall be the responsibility of the property
owner and District funds may not be used to maintain lighting shields for
lighting installed on private property;
g. Maintenance of the brown -headed cowbird monitoring plan for the CSS
Plan and Conservation Area lands;
h. Maintenance of policies prohibiting landscaping with plants identified by
the California Exotic Pest. Plan Council as an invasive risk in southern
California;
i. Maintenance of policies regarding dumping of trash and maintenance of
fencing adjacent to CSS Plan and Conservation Area lands.
j. Maintenance of roadway medians and parkways, operation and
maintenance of roadway lighting, and maintenance of landscaping within
the public rights -of way including all utilities required to provide or
maintenance these services.
Reserve Fund means a fund that shall be maintained to provide necessary cash flow
for the first six months of each Fiscal Year, working capital to cover monitoring,
maintenance and services cost overruns and delinquencies that may arise in connection
with the collection of Special Taxes and a reasonable buffer against large variations in
annual special tax amounts.
• Reserve Fund Balance means the amount of funds in the Reserve Fund at the end of
the preceding Fiscal Year.
Reserve Fund Requirement means an amount equal to up to 100% of the Operating
Fund Requirement for any Fiscal Year.
Special Tax means the special tax or special taxes actually levied within CFD No. 1
each Fiscal Year.
•
Community Facilities District No
December 7, 2004
Pape 11
Special Tax Report
Special Tax Liability for any Fiscal Year is an amount sufficient to pay the costs within
the District equal to: (i) the Maintenance Fund Requirement, less the Operating Fund
Balance, and (ii) the Reserve Fund Requirement, less the Reserve Fund Balance.
Tax Categories are those Categories I and II described in the body hereof.
Taxable Property is all real property or Parcels within the boundaries of the District
which are not exempt from the Special Tax pursuant to the law or which are not
classified or assigned to the Exempt Category as defined herein.
Categories of Special Taxes
Category I — Habitat Maintenance and Monitoring
The Maximum Special Tax for Category I - Habitat Maintenance and Monitoring that
may be levied for Fiscal Year 2005/06 on each Development Parcel shall be at the rates
set forth in Table 1 below. The Special Tax shall be levied based on Acreage. The
Maximum Special Tax shall be increased or decreased each Fiscal Year thereafter by a
factor which is the lesser of the annual percentage change in the January to January
Los Angeles Metropolitan Area All Urban Consumer Price Index (All Items) or the
annual percentage change in the estimated California Fourth Quarter Per Capita
Personal Income as contained in the Governor's budget published every January.
TABLE 1
Maximum Special Tax
Category I — Habitat Maintenance and Monitorina
Maximum of $702.83 per Acre for Development
Monitoring & parcels 1, 2, 3,4,5,6,7,8 9, 11 and 12
Maintenance Maximum of $40,975 in aggregate for 8735-001-009;
8735-002-018, and 8736-002-019 prorated on acreage
Category II — Parkway Maintenance
The Maximum Special Tax for Category II- Parkway Maintenance that may be levied for
• Fiscal Year 2005/06 on each Development Parcel within Improvement Areas A, B and
C, as shown on Exhibit 3, shall be at the rates set forth in Table 2 below (said amount to
be levied pro rata for any portion of an Acre). Said Maximum Special Tax shall be
increased or decreased each Fiscal Year thereafter by a factor which is the lesser of the
annual percentage change in the January to January Los Angeles Metropolitan Area All
Urban Consumer Price Index (All Items) or the annual percentage change in the
estimated California Fourth Quarter Per Capita Personal Income as.contained in the
Governor's budget published every January.
•
Community Facilities District No. 1
December 7, 2004
Page 12
Special Tax Report
TABLE 2
Maximum Special Tax
Category II - Parkway Maintenance
Parkway Maintenance
Improvement
Area A
Improvement
Area B
Improvement
Area C
$515.24 per
$178.50 per
$329.74 per
Acre
Acre
Acre
Exempt Category
The Exempt Category includes each property owned, conveyed or irrevocably offered
for dedication to a public agency, or land which is in the public right-of-way, unmanned
utility easements which make utilization for other than the purpose set forth in the
easement impractical, common areas, private streets and parks, and open space lots
("Exempt Category").
Levy and Apportionment of Special Taxes
Category I - Habitat Maintenance and Monitoring
The City shall determine the Special Tax Liability in each Fiscal Year on or about every
July 1. Special Taxes shall then be levied on each Development Parcel in the District in
the following order of priority:
Step 1: Assign the Maximum Special Tax to Parcels 8735-001-009, 8735-002-018 and
8735-002-019 prorated on acreage. Except, that the maximum Special Tax that
may be assigned in each of the first five (5) years shall be limited to 25% of the
estimated costs of complying with Condition 11 of the Biological Opinion
regarding the monitoring and, if necessary, the trapping of cowbirds in the CSS
area as shown in the annual budget for the Operating Fund of the District,
including a pro-rata share of the District's Administrative Expenses, less 25% of
the fund balance from the prior year attributable to those services.
Step 2: Assign the Maximum Special Tax per Acre for the remaining parcels within the
District based upon acreage.
Step 3: If the total revenue as calculated above is greater than the estimated Special
• Tax Liability for Parcels within the District, reduce the Special Tax for each
Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal
to the Special Tax Liability for the Fiscal Year. Except, that for the first five (5)
years the Special Tax Liability shall not be reduced for Parcels 8735-001-009,
8735-002-018 and 8735-002-019 as defined in Step 1.
Step 4: Add to the Special Tax as calculated above for Parcels 8735-001-009, 8735-
002-018 and 8735-002-019 twenty-five percent (25%) of the costs of district
formation which is included in the Category II Annual Budget for Improvement
Area A. This cost shall be prorated on an acreage basis to each parcel.
•
Community Facilities District No. 1
December 7, 2004
Page 13
Category II — Parkway Maintenance
Special Tax Report
The City shall determine the Special Tax Liability in each Fiscal Year on or about every
July 1. Special Taxes shall then be levied on Development Parcels in Improvement
Areas A, B and C in the following order of priority:
Step 1: Determine the revenue which could be could be generated by Parcels assigned
to Improvement Areas A, B and C, as described in Part III -Cost Estimate, by
multiplying the acreage of Parcels within each Improvement Area by the
Maximum Special Tax per Acre shown for Category ll.
Step 2: If the total revenue as calculated in Step 1 is greater than the estimated Special
Tax Liability for each Improvement Area, reduce the Special Tax .for each
Development Parcel in the Improvement Area proportionately so that the
Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for the
Fiscal Year.
Collection of the Special Tax
Each year, the City's Finance Department will coordinate with the Los Angeles County
Tax Collector's office to have the Special Tax for each applicable Assessor Parcel
placed on the secured property tax roll. A summary of the Maximum Special Tax which
could be levied in Year 1 is shown in Appendix A.
0
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