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Home My WebLink About1997 040 CC RESO1997 040 CC RESO(Ìì¶ô RESOLUTION NO.97-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA ORDERING THE CONTINUED MAINTENANCE OF CERTAIN PUBLIC FACILITIES AND CONFIRMING A DIAGRAM AND ASSESSMENT WHEREAS,this City Council has previously ordered the formation of a district pursuant to the terms and provisions of the Landscaping and Lighting Act of 1972" being Part2 of Division 15 of the Streets and Highways Code of the State of California, in a landscaping and lighting maintenance district known as the CITY OF BALDWIN PARK STREET LIGHTING AND STREET LANDSCAPING DISTRICT hereinafter referred to as the DISTRICT"); and WHEREAS, this City Council has ordered the preparation of a report and the City Engineer has prepared and filed with this City Council a Report attached hereto as Exhibit A" pursuant to law for its considerations, and subsequently thereto this City Council did adopt is Resolution of Intention to Order the Annual Assessment Levy and Collect the Assessments and to carry on all other proceedings necessary for the levy of annual assessment for the Street Lighting and Street Landscaping District, and further, did proceed to give notice of the time and place for a Public Hearing on the questions of the levy of the proposed assessment; and WHEREAS, at this time this City Council has heard all testimony and evidence and is desirous of proceeding with the levy of annual assessments for said District. NOW, THEREFORE, THE!'.E CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That this City Council hereby orders the maintenance work to be done as set forth in the Engineer's Report attached hereto as Exhibit A," and Resolution of Intention No.97 and orders the annual levy of the District as shown and set forth and described in said Report and Resolution of Intention. SECTION 3. That the diagram and assessment as set forth and contained in said Report are hereby confirmed and adopted by this City Council. SECTION 4. That the adoption of this Resolution constitutes the levy of the assessment for the fiscal year commencing July 1,1997 and ending June 30,1998. SECTION 5. That the estimates of costs. the assessment diagram, the assessments and all other matters as set forth in the Engineer's Report pursuant to said Landscaping and Lighting Act of 1972," as submitted, are hereby approved and adopted by the City Council and hereby confirmed. SECTION 6. That the works of improvements and maintenance contemplated by the Resolution of Intention shall be performed pursuant to law, and the County Auditor shall enter on the County Assessment Roll and the amount of the assessment, and said assessment shall then be collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of said City. SECTION 7. That the City Treasurer has established a special fund known as the CITY OF BALDWIN PARK STREET LIGHTING AND STREET LANDSCAPING DISTRICT FUND" into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution and law, and said transfer shall be made and accomplished as soon as said monies have been made available to said City Treasurer. BIB] 37650-U01 1997-U02 040-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1321-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-40-U05 JUN-U05 18-U05 1997-U05 1997 040 CC RESO(Ìì¶ô Resolution 97 40 June 18,1997 Page 2 SECTION 8. That the City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this resolution upon its adoption. SECTION 9. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer, with a duplicate copy on file in the office of the City Clerk and open for public inspection. APPROVED AND ADOPTED on June 18, 1997. MAYOR ATTEST LINDA L. GAIR DA STATE OF CALIFORNIA COUNTY' OF LOS ANGELES 55: CITY OF BALDWIN PARK I, Linda L. GAIR, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 97 40 was duly adopted by the City Council of the City of Baldwin Park and approved by the Mayor at a regular meeting thereof held on the June 18, 1997 and that the same was adopted by the following vote to wit: AYES: MUSE, VAN CLEAVE LOZANO AND M&YOR LOWES NOES: NONE ABSENT: NONE ABSTAIN: NONE AL G Z eZ BIB] 37650-U01 1997-U02 040-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1321-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-40-U05 JUN-U05 18-U05 1997-U05 1997 040 CC RESO(Ìì¶ô Exhibit A" CITY OF BALDWIN PARK BALDWIN PARK K ENGINEER'S REPORT for CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FISCAL YEAR 1997-98 Sid Jalal Mousavi Director of Public Works DEPARTMENT OF PUBLIC WORKS May 28, 1997 BIB] 37650-U01 1997-U02 040-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1321-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-40-U05 JUN-U05 18-U05 1997-U05 1997 040 CC RESO(Ìì¶ô CITY OF BALDWIN PARK ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FISCAL YEAR 1997-98) SECTION 1: AUTHORITY FOR REPORT This report is prepared pursuant to the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, being Part 2, Division 15, of the Streets and Highways Code. The report covers the period from July 1,1997 through June 30,1998. As a result of the passage of Proposition 218 by voters on November 5, 1996, the City's Citywide Landscaping and Lighting Maintenance District has been reviewed to determine if it conforms with the provisions stated in the Proposition. It has been determined that the District can be excluded from the procedural and approval requirements as set forth in Section 5(a) that states: assessments existing on the effective date of this Article shall be exempt from the procedures and approval process set forth in Section 4 f,f they were] imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets sewers, water, flood control drainage systems or vector control The Street Improvement definition below is based on the definitions provided by the Office of the Controller for the State of California in the Guidelines Relating to Gas Tax Expenditures published by the Division of Local Government Fiscal Affairs. The state's gas tax program is administered in city agencies, but audited by the Office of the State Controller. The proceeds of the gas tax are statutorily limited to expenditures for streets and roads. Because the funds are restricted to street and road costs, the State Controller has developed *`Street Purpose Definitions and Guidelines" based on the Manual of Uniform Highway Accounting and Financial Management Procedures developed by the American Association of State Highway Officials. Street Improvement" is defined as the construction, operation, or maintenance of facilities within the right of way used for street or road purposes including but not limited to the following: 1. Installation or expansion of the street lighting system including replacement of old equipment with superior equipment, installation of traffic signals at intersections and railroad crossing, replacement of equipment as required for relocations for street purposes, and purchase and installation of traffic signal control equipment. 1 BIB] 37650-U01 1997-U02 040-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1321-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-40-U05 JUN-U05 18-U05 1997-U05 1997 040 CC RESO(Ìì¶ô 2. Servicing lighting Systems and street or road traffic control devices including, repainting and repairing traffic signals and lighting standards; and furnishing of power for street and road lighting and traffic control devices. While Street Landscaping, like street lighting, is not expressly listed among the improvements in Section 5(a), an argument can be made that such landscaping is an integral part of streetZ" and, therefore, an existing assessment for the maintenance of such landscaping should be exempt from the July 1997 compliance requirements as an assessment for the maintenance and operation of streets for the following reasons: 1. The definition of maintenance and operation expenses" contained in Article XIIID, Section 2(f) which includes repair", replacement", rehabilitation", and care" appears to be sufficiently expansive to include maintenance and operation of Street Landscaping. 2. The legislature has included roadside planting and weed control" within the definition of construction" of highways and streets. Section 29 of the Streets and Highways Code lends support to the argument that Street Landscaping is included in a permanent public improvement" for a street. 3. Like street lighting, there is existing legislation supporting an interpretation of the maintenance and operations of streets which include the maintenance of Street Landscaping. Section 27 of the Streets and Highways Code defines maintenance" when used in the general provisions related to County and City highways to include the preservation and keeping of... planting...." The Citywide Landscaping and Lighting Maintenance District assessments for Fiscal Year 1997-1998 are anticipated to fund only improvements, operation, and maintenance within the Street Improvement definitions cited above. Therefore, the City is taking the position that the District is exempt from the procedural and approval process set forth in Proposition 218. The Citywide Landscaping and Lighting Maintenance District previously funded the operation and maintenance of five parks. Beginning this fiscal year, it is proposed that park maintenance no longer be assessed within this existing District, but rather a new and separate district be formed to fund park maintenance activities. In addition, the City previously funded, through its General Fund and other sources, the operation and maintenance of park buildings and facilities. These funding will be transferred to the new district and will no longer be a part of this existing district. 2 BIB] 37650-U01 1997-U02 040-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1321-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-40-U05 JUN-U05 18-U05 1997-U05 1997 040 CC RESO(Ìì¶ô SECTION II: PLANS The plans showing size and location of street lights are incorporated herein by reference. Plans showing the general locations of landscaping to be maintained are incorporated herein by reference. All of the above mentioned items are on file in the office of the City Engineer. SECTION III: SPECIFICATIONS FOR MAINTENANCE The lighting system shall be maintained to provide adequate illumination. Maintenance shall include but not be limited to removal, repair, replacement or relocation of light standards, poles, bulbs, fixtures, circuits and all appurtenances. The traffic signal system shall be maintained for proper operation. Maintenance shall include but not be limited to removal, repair, replacement or relocation of traffic signal poles, mast-arms, controllers, cabinets, conduit, conductor, bulbs and all appurtenances. Power for lights and traffic signals shall be furnished by the Southern California Edison Company or its successors and it shall be adequate for the intended purpose. Rates for power shall be those authorized by the Public Utilities Commission, State of California. Landscaping maintenance shall consist of installing, cutting, pruning, trimming, fertilizing and treating plants, shrubs, trees, ground cover and soil to provide a pleasing and attractive landscape within the public right-of-way and other designated publicly-owned grounds. Dead plants, shrubs, trees and ground cover shall be replaced with new landscaping as soon as practical. The irrigation system shall be operated and maintained to provide adequate watering of all plants, shrubs, trees and ground cover. Irrigation systems shall be installed as deemed appropriate by the City Engineer. Costs associated with the vehicle replacement amortization program for those vehicles used in conjunction with Landscape Maintenance are included within the projected expenditures for the District. 3 BIB] 37650-U01 1997-U02 040-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1321-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-40-U05 JUN-U05 18-U05 1997-U05 1997 040 CC RESO(Ìì¶ô SECTION IV: PROJECTED REVENUE AND EXPENDITURES FY 97-98 BEGINNING FUND BALANCE Estimated) $ 298,116 FY 97-98 PROJECTED REVENUES Landscaping and Lighting District $ 997,874 County Ad Valorem Tax $ 350,000 TOTAL REVENUES $ 1,645,990 FY 97-98 PROJECTED EXPENDITURES Landscaping $ 628,130 Maintenance and Operational $ 56,750 Lighting and Traffic Signals $ 508,833 Capital Improvement Projects $ 180,000 Engineering Supp)ort Personnel $ 10,292 District Consultant $ 7,500 Administrative Overhead $ 43,902 TOTAL EXPENDITURE $ 1,435,407 PROJECTED BALANCE June 30, 1998) FY 97-98 Revenue $ 1,645,990 FY 97-98 Expenditure $ 1,435,407 Assessment District Reserves $ 210,583 For unforeseen circumstances and emergencies) SECTION V: DIAGRAM A diagram showing the- assessment parcel number and the dimensions of each lot or parcel of land within the District is on file in the office of the City Engineer. 4 BIB] 37650-U01 1997-U02 040-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1321-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-40-U05 JUN-U05 18-U05 1997-U05 1997 040 CC RESO(Ìì¶ô SECTION VI: ASSESSMENT The landscaping, lighting and traffic signals are for the benefit and enjoyment of all properties within the District and all parcels benefit from the maintenance of the improvements. The assessment of cost upon each parcel was apportioned in accordance with the estimated benefit received. Traffic signal maintenance costs are assessed throughout the district on a per parcel basis. The criteria used for the assessment of lighting and landscaping is as follows: 1. Rectangular lots street frontage 2. Irregular lots width of lot at setback line average of front and rear lot line lengths or street frontage, whichever is most representative of benefit 3. Flag lots one-half of total footage to each of the two lots 4. Corner lots the narrowest frontage The District is divided into four assessment zones. Zone 1 includes all residential parcels and Zone 2 includes all commercial and industrial parcels that were assessed for street lighting and traffic signal maintenance. Zone 3 includes all commercial, industrial and residential parcels in the District that were assessed for landscaping maintenance. Zone 4 includes the West Ramona Residential Redevelopment Project Tract Nos. 39090, 39635, 40746, 42828 and 41956) that was assessed for landscaping, lighting and traffic signal maintenance. The proposed assessment for fiscal year 1997-98 is derived by apportioning a part of the total cost shown in Section IV among the assessable parcels in proportion to the estimated benefits. A portion of the Assessment District Revenues is derived from Countywide Property Taxes or the Ad Valorem Tax The City receives as part of its tax apportionment a percentage for lighting purposes. Front Frontage Proposed Assessment DESCRIPTION Parcel Count Assessment Revenues 5 BIB] 37650-U01 1997-U02 040-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1321-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-40-U05 JUN-U05 18-U05 1997-U05 1997 040 CC RESO(Ìì¶ô SEE ORIGINAL FOR BETTER COPY Zone I & 2 Street Lighting) Commercial/Industrial 102,947 LF. $ 63 L.F. $ 65,315.52 Residential 631,897 L.F. $ 321 L.F. $ 203,059.30 Zone 3 Landscaping) All Parcels 734,844 L.F. $ 811 L.F. $ 595,080.06 excluding Zone 4) Zone 4 Lights/Landscaping) Tract # 39090, 39635, 160 Lots $ 39.47 I Lot $ 6,314.68 40746, 482828 & 41956 Parcel #1164 160 LOTS $ 57.17/Lot $ 800.32 Zone 2 Traffic Signals) Commercial/Industrial 1,190 Parcels $ 13.59 $ 16,168.87 Per Parcel Zone I & 4 Traffic Signals) All Parcels 12,969 Parcels $ 8.57 $ 111,135.25 Per Parcel Grand Total $ 997,874.00 The assessment number and the amount of assessment upon each lot or parcel are shown on the assessment roll. Upon confirmation by the Council, this data will be submitted to the County Auditor-Controller for the inclusion on the 1997-98 tax roll. 6 BIB] 37650-U01 1997-U02 040-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1321-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-40-U05 JUN-U05 18-U05 1997-U05