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Home My WebLink About1997 047 CC RESO1997 047 CC RESO(Ìì³y RESOLUTION NO.97-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTIONS 22500 ET SEQ. OF THE CALIFORNIA STREETS AND HIGHWAYS CODE) INITIATING PROCEEDINGS TO FORM THE CITY OF BALDWIN PARK CITYWIDE PARK MAINTENANCE DISTRICT AND TO LEVY ASSESSMENTS WITHIN THE DISTRICT FOR THE 1997-98 FISCAL YEAR AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH ARTICLE 4 OF CHAPTER 1 OF SAID ACT AND SECTION 4 OF ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION WHEREAS, it is the intention of the City Council of the City of Baldwin Park to levy annual assessments for the 1997-98 fiscal year to pay for park maintenance; and WHEREAS, substantial changes in state law require the City Council to modify the City of Baldwin Park Citywide Landscaping and Lighting Maintenance District to form a new district for the purpose of park maintenance pursuant to the provisions of the Landscaping and Lighting Act of 1972; and WHEREAS, said Act requires that proceedings for the formation of an assessment district and the levy of annual assessments shall be initiated by resolution proposing formation of the district, describing the improvements of the proposed district specifying a distinctive designation for the district, and ordering the engineer to prepare and file a report in accordance with Article 4 of Chapter 1 of said Act. NOW, THEREFORE, ThE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park hereby proposes to form an assessment district and to levy and collect assessments against the lots and parcels of land within such district to pay for the coot and expense of the improvements described in Section 3 hereof for the fiscal year corn mencing July 1,1997 and ending June 30, 1998, pursuant to the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code the Act") and as provided by Article XIIID of the California Constitution. SECTION 2. The boundaries of the proposed assessment district are coterminous with the boundaries of the City' of Baldwin Park, and generally include all parcels within the City. The proposed assessment district shall be designated as the City' of Baldwin Park Citywide Park Maintenance District." SECTION 3. The proposed improvements for the fiscal year 1997-98 are generally described as the maintenance of public parks and their facilities throughout the City'. Proposed new improvements for fiscal year 1997-98 include reconstruction of Central Park West, improvement of park facilities, and upgrade of irrigation system. SECTION 4. The City Engineer is hereby ordered to prepare and file a report in accordance with Article 4 commencing with Sections 22565 et seq.) of the California Streets and Highways Code and Article XIIID, Section 4 of the California Constitution. APPROVED AND ADOPTED this 18th day of June 1997 MAYOR BIB] 37650-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-47-U05 JUN-U05 18-U05 1997-U05 1997 047 CC RESO(Ìì³yResolution No.97-47 June 18, 1997 Page 2 ATTEST AL GAIR STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: 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 Z was duly adopted by the City Council of the City of Baldwin Park and approved by the City Council at a regular meeting thereof held on June 18, 1997 and the same was adopted by the following vote: AYES LOZANO, MUSE, VAN CLEAVE, MAYOR LOWES NOES NONE ABSENT NONE ABSTAIN NONE. BIB] 37650-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-47-U05 JUN-U05 18-U05 1997-U05 1997 047 CC RESO(Ìì³y AMENDED ENGINEER?S REPORT CITY OF BALDWIN PARK FORMATION OF PARK MAINTENANCE DIZTR1CT NO.97-I June 17, 1997 Resubmitted: June 6, 997 Prepared by: Wilidan Associates BIB] 37650-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-47-U05 JUN-U05 18-U05 1997-U05 1997 047 CC RESO(Ìì³y TABLE OF CONTENTS ¦jR é' Page Synopsis......................¨d\ç).........................................I District Financial Summary.................. å_ç)...........................2 Boundary..................................................‡¡ç).............3 Method of Assessment....................................................¬h¼ç3 Assetsment Roll............................................................15 Descrï*â@¦i of Improvements................................................16 Cost Eslimate.......‘¿ç).................................................17 Certifications.....................¬÷½ç)..................................18 E:ZALDWIN\96-97\97_Rvr3.PRK BIB] Ò¥šþ150-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 ›ž½|ù4 RESO-U03 10/10/2001-U04 ADMIN-U04 RBSO-U05 97-47-U05 JUN-U05 18-U05 1997-U05 1997 047 CC RESO(Ìì³y City of Baldwin Park This report complies with Articles XIIIC and x'IID of the California Constitution and the Landscaping and Lighting Act of 1972. Also part of this report, but not bound herein, is the assessment roll on file with the City Clerk which indicates each Assessor Parcel Number's City of Baldwin Park Park Maintenance District No.97-I assessment for Fiscal Year 1997-98. In past years, the City has annually levied assessments to pay for: I) street lighting, 2) street landscaping, and 3) park maintenance, as part of the City of Baldwin Park Landscaping and Lighting Assessment District. This year, it is proposed that park maintenance no longer be assessed within that District, but rather a new and separate district be formed to hind park maintenance activities. The Landscaping and Lighting Assessment District previously hinded $403,356 for the operation and maintenance of five parks. In addition, the City previously flinded, through its General Fund and other sources, the operation and maintenance of park buildings and facilities in the amount of approximately $400,000. To comply with the requirements of Article XIIID of the California Constitution, enacted through the passage of Proposition 218 on November 5, 1996, the park maintenance portion of the assessment that was levied in FY 1996-97 will not be charged through the existing District. Instead, a new District is proposed to be formed to hind park maintenance, as more thoroughly described in this Report. The new Park Maintenance District No.97-I assessment is proposed to total $403,356 of the $1,029,753 cost for park maintenance. The City will contribute $460,336, which represents general benefit not assessed). Under the proposed FY 1997-98 Park Maintenance District No.97-I, the typical homeowner will pay $22.34 for special benefit conferred upon his or her property by the maintenance of the parks. The landscaping and lighting maintenance assessment for FY 1997-98 is more thoroughly described in the Engineer's Report titled City of Baldwin Park Landscaping and Lighting Assessment District for 1997/98" on file in the City Clerk's office. ParA Afainienance Distnct No. 97-J I BIB] 37650-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-47-U05 JUN-U05 18-U05 1997-U05 1997 047 CC RESO(Ìì³y City of Baldwin Park CITY OF BALDWIN PARK PARK MAINTENANCE DISTRICT NO.97-i FOR FISCAL YEAR 1997/98 DISTRICT FINANCIAL SUMMARY Estimated Uncommitted Fund Balance $224,122 as of June 30, 1997) Proposed City Contribution for General Benefit Fiscal Year 97-98 460,336 Proposed Assessment Revenue Fisca] Year 97-93 403.356 Subtotal Revenue $1,087,814 Park Maintenance Operating Expenses for FY 97-98 1 029Z753 Subtotal Expenses Z I 029.753 Estimated Uncommitted Fund Balance Ba]ance as of June30, 1998 $58.061 Park Afaintenance District No. 97-I 2 BIB] 37650-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-47-U05 JUN-U05 18-U05 1997-U05 1997 047 CC RESO(Ìì³y City of Baldwin Park BOUNDARY The City of Baldwin Park Park Maintenance Distnct No.97-i includes all parcels of land within the City's corporate boundaries. Reference is made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of all parcels within the District. A map showing the exterior boundaries of the District is on file in the City Clerks Office and incorporated herein by reference. Park Maintenonce DiSfrict No. 97-i 3 BIB] 37650-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-47-U05 JUN-U05 18-U05 1997-U05 1997 047 CC RESO(Ìì³y City of Baldwin Park METHOD OF ASSESSMENT INTRODUCTION Section 22573 of the Landscaping and Lighting Act of 1972, being Division 15, Part 2, of the Streets and Righways Code, states that, the net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly disfributes 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." As the assessments are levied on the basis of benefit, they are not a tax, and therefore, are not governed by Article XIIJA of the California Constitution. As a result of the passage ofProposition2ls by voters on November 5, 1996, Articles XIIIC and x'IID have been added to the California Constituti on. The new procedural and approval process outlined in these Articles applies to new assessment districts and increased assessments. In addition, properties owned by public agencies, such as a city, county, state or the federal governrnent, must now be assessed by law unless it can be demonstrated that they receive no special benefit. Specifically, the assessment methodology for the new Park Maintenance District No.97-I will have to: * Demonstrate special benefit to assessed parcels over and above the benefits conferred on the public at large: Special benefit' means a particular and distinct benefit over and above general benefits conftrred on real property located in the district or to the public at large. General enhancement ofproperty value does not constitute special benefit."' * Separate the general benefits from the special benefits conferred to parcels: Only special benefits are assessable, and an agency must separate the general benefits from the special benefits conferred on a parceL" * Determine the special benefit that should be attributed to public agency parcels within the new District boundary: Parcels within a district that are owned or used by any agency, the State of Cahfornia or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that such publicly owned parcels in fact receive no special benefit" Park Maintenance District No. 97-I 4 BIB] 37650-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-47-U05 JUN-U05 18-U05 1997-U05 1997 047 CC RESO(Ìì³y City of Baldwin Park IMPROVE ME NTS The items that may he flinded through the new District are defined in the Landscaping and Lighting Act of 1972 the Act) as Improvements. The Act defines Improvements to include the installation, maintenance and servicing of several types of landscaping and park and recreational improvements and facilities as shown below. However, the new District can only assess for the special benefit that can be shown to be conferred from these improvements to the properties in the District. InstZllZtlon * The installation or planting of landscaping. * The installation or construction of statuary, fountains, and other ornamental structures and facilities. * The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. * The installation of park or recreational improvementZ including, but not limited to, land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation Systems, sidewalks, and drainage; lights, playground equipment, play courts, and public restrooms. * The acquisition of land for park, recreational, or open-space purposes. * The acquisition of any existing improvement otherwise authorized. Maintenance Maintenance means the flirnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including. * Repair, removal, or replacement of all or any part of any improvement. * Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. * The removal of trirnmingZ, rubbish, debris, and other solid waste. * The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Park Afaintenance Dtstnct No.9 7ZI 5 BIB] 37650-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-47-U05 JUN-U05 18-U05 1997-U05 1997 047 CC RESO(Ìì³y City of Baldwin Park Servicing Servicing means the fllfliishing of electric current, or energy, gas or other illuminating agent and water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any improvements. LAND USE DEFINITIONS The District assessment is based on land use such that property owners are assessed in proportion to the benefits received. The land uses defined below are descriptive of all parcels expected to exist in the City of Baldwin Park in Fiscal Year 1997/98. In the event there is a question regarding the land use designation of any parcel in the District, the City Engineer will be responsible for administratively assigning one of the land uses listed below. a TABLE 1- FY 1997/98 LAND USE DEFINITIONS Land Use Code Land Use Description RES Single family residential parcels CONDO Condominium or townhome parcels APT Multiple family residential parcels MH Mobile homes NONRES Commercial and industrial parcels INSTITUTION Parcels owned by non-profit organizations VACANT Parcels without a building or similar structure GOVT Parcels owned by a public agency xx Parcels exempt from the assessment, because they do not benefit from park maintenance sliver, open space, railroad, or utility easement parcels) SPECIAL BENEFIT OF PARKS Articles XIIIC and XIIID ofthe California Constitution reZuire that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. The Articles provide that only special benefits are assessable. The general benefits must be separated from the Purk Alaintenunce District No.971 6 BIB] 37650-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-47-U05 JUN-U05 18-U05 1997-U05 1997 047 CC RESO(Ìì³y City of Baldwin Park special benefits conferred on a parcel, a special benefit being a particular and distinct benefit over and above general benefits conferred on the public at large, including real property within the district. The general enhancement of property value does not constitute a special benefit. The Open Space Element within the General Plan for the City of Baldwin Park notes that the City is almost completely built out, and open space is limited to existing parks, school grounds, utility rights-of-way, and water channel areas. Within the City, over 530 acres of these properties are designated as open space. Baldwin Park offers five City parks and seventeen school playgrounds for recreation. Morgan Park recently underwent a 2.5 acre expansion, where a new Community Center has been built, in addition to the Activities Building containing meeting rooms, cooking facilities, and a game room, and the Senior Citizens Centers containing meeting rooms. Morgan Park offers the most activities of any recreation area in the City, including tennis, horseshoes, basketball, and volleyball. Morgan Park is centrally located, with the other City parks located souffi and west near the city's periphery. The area north of Los Angeles Street cor'tains six elementary school sites, but no parks. About 60 percent of Baldwin Park's City park area is located south of Ramona Boulevard. Baldwin Park's parks and recreation facilities are vital to the community, especially for the high- density residential developments which do not provide adequate play areas for their residents. Upon full build-out, it is expected that the City will have a ratio of 3.00 acres of parks, including school areas, for each 1,000 residents. This ratio is well within the National Recreation and Parks Association recommended standard of 2.5 acres per 1,000 residents. The majority of the City's park land is under the control of the Baldwin Park Unified School District, with the City controlling 10 percent of the total park land. Parks and recreational activities are managed by the City of Baldwin Park through a division of the City organization. As such, all parks administration and planning are centralized while recreational activities are conducted on a community-wide basis to take advantage of existing park facilities. This approach promotes the parks as a system or network to be used on a City-wide basis, rather than on a service radius basis which may be more common in other jurisdictions. All of the parks and recreational facilities are equally accessible to all the properties in the District. The maintenance of parks and recreational improvements provide a particular and distinct special benefit to parcels within the District. The desirability of parcels within the District is specifically enhanced by the presence of well-maintained parks and recreZtional facilities which are available for the use and enjoyment of residents, customers, clients, employees and visitors of the assessed parcels. Having properly maintained parks readily accessible to proZerties within the District means that the oZers and visitors of the assessed parcels may enjoy the benLfits of such improvements Park AZaintenance District No.97-i 7 BIB] 37650-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-47-U05 JUN-U05 18-U05 1997-U05 1997 047 CC RESO(Ìì³y 1997 047 CC RESO(Ìì³y City of Baldwin Park * The proper maintenance of landscaped parks provides increased attractiveness of the District as a place to live, work, and do business. * Spraying and treating of landscaping for disease and weed control reduces the likelihood of insect or weed infestation spreading to the landscaping located on properties within the District. GENERAL BENEFIT OF PARKS In addition to the special benefits received by the parcels in the District, there are general benefits conferred on the public at large by the maintenance,operation, and servicing ofpark and recreational facilities. Census data and socio-economic characteristics for the City of Baldwin Park would generally indicate a higher than average park usage by local residents. The higher densities and a greater number of persons per household as documented by census data would indicate a higher than average special benefit from the fimded park improvements. In additionZ in higher density areas such as the District, the value of the open spaces afforded by parks is at a particular premium. However, parks and recreational facilities are an important part of any thriving community. The general benefit arising from the park and recreational improvements can be measured by examining the usage of the facilities by the public at large. Each park has been examined to determine the average number of registrations received by the Park and Recreation Department for individuals or teams from outside of the District boundaries. The percentage ofout-of-Districtregistrationsto total registrations is used to determine that portion of the park budget related to general versus special benefit. City staff has determined that out-of-District registrations equal approximately 15 percent of all registrations. Thus, 15 percent of the assessment budget will be assigned as general benefit. In addition, the City has elected to contribute an additional amount over and above the 15 percent level in order to maintain assessments at approximately the same amount as in prior years. FORMULA The formula recognizes that properties have different levels of benefit depending upon the typical population associated with the type of land use. The formula takes these differences into consideration and fairly distnZutes the special benefit among all residential parcels and lots within the District. Each of the special benefits identified above in ZZSpecial Benefit of Parks" are considered to benefit each parcel in proportion to the typical population associated with the parcels land use as reported by the City of Baldwin Park Planning Department. In orderto establishtheproportionateshareofbenefitfrom any one parcel of land in relation to the total benefit to the District, it is necessary to establish a benchmark to relate that one parcel to all PZrk Afaintenance Pktnct A'o. 97Zf 9 BIB] 37650-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-47-U05 JUN-U05 18-U05 1997-U05 1997 047 CC RESO(Ìì³y City of Baldwin Park others. This benchmark is called the Equivalent Dwelling Unit. The District uses a single family residence as the benchmark Equivalent Dwelling Unit. All other land uses, as represented on the County Assessor 5 master property file, will be compared to the benchmark of the Single Family Residence to gain a comparative Equivalent Dwelling Unit EDU") based on population data as found in the 1990 Census Data for Baldwin Park, as provided by the City ofBaldwin Park's Planning Department. Following is a discussion of EDU values for each type of land use within the Assessment District. The EDU va]ues for condominiums, multi-family, and mobile homes are based upon a comparison of the average population per household for single-family residences versus the average household population in condomZums,multiZfami1y and mobile homes. The calculation of each EDU value is shown below: a For Single Family Residential: a Single fwnily population per household 4.06 1.00 EDUZunU Single family population per household 4.06 For Condominium Residential: Condo population per household 0.92 EDU's/unit Single fami4' population per household 4.06 For Multi-Family Residential: Multifamily population per household 4.25 1.04 EDU's/unjt Single Family population per household 4.06 For Mobile Home Residential: Mobile Home population per household 0.50 EDU s/unit Single Family population per household 4.06 The EDU values for cornmercial, office, business, and industrial land uses hereinafter called ZZnon- residentia]'Z) are based on a comparison ofthe typical single family lot acreage versus the actual size of the non-residential use. Special benefit to non-residential parcels results Irom the use of recreational facilities by employees and customers, which generally increases in number as the parcel Park Zfa inten once Disfn'.t A'o. 97-i 10 BIB] 37650-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-47-U05 JUN-U05 18-U05 1997-U05 1997 047 CC RESO(Ìì³y City ofBaldwin Park size increases, Therefore, the assessment on non-residential property is based on acres, as opposed to residential parcels which are based on dwelling units. Within the District, the typical single-family parcel size is 8,500 square feet. Approximately 20 percent of each acre of residential land, on average, is dedicated for streets and other public uses resulting in a net acreage available for the subdivision of approximately 4.10 lots per acre, which is rounded down to 4 lots per acre. Therefore, using the single family residence as a base, an acre of non-residential property receives the same number of EDU's as an acre of residential property, that is, 4 EDU per acre. Non-residential lots Z 4lacre 4 lots per acre 4.00 EDU's/acre Single fwnUy EDU 1.00 Furthermore, non-residential parcels more than half an acre and less than an acre are assigred a minimum of4 EDU per parcel to reflect the minimum benefit these parcels receive. Non-residential parcels below one-half acre are assigned 50 percent of 4.0 EDU's, or 2.0 EDU's per parcel. For Non-Residential 5 acre): Non-residential lots Z 2'half acre 2 lots per half acre 2.00 EDU's/part acre Single fwnily EDU 1.00 The EDU value for the institutional, church, school, college, and day care land uses hereinafter called Zinstitutional")is calculated at one 1) EDU per parcel This per parcel assessment rather than per acre assessment is in recognition of this land use category's traditionally lower demand for park facilities as indicated by the City's Parks and Recreation staff. In addition, institutional parcels receive less benefit than other non-residential parcels in the District from the operation, maintenance, and servicing of parks in the City for several reasons. Institutional parcels flinction differently than non-residential parcels in that they: 1) typically operate fewer days in the week, 2) generally have an inconsistent number of people using the facilities daily, and 3) have a less intensive use than the property size alone would indicate because in genZral, the institutional parcels in the District contain large green areas that flinction as open space. Therefore, the instirutional parcels should be assessed at a lower level than the non-residential parcels, and are assigned 1 EDU per parcel. As a result of the passage of Proposition 218, the assessment methodology for the new Park Maintenance District has to determine the special benefit attributable to public agency parcels within the new District boundary. Section 4 ofthe Proposition states, Parcels Zi'ithin a district that Park Afaintenunce District No 97-I 11 BIB] 37650-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-47-U05 JUN-U05 18-U05 1997-U05 1997 047 CC RESO(Ìì³y City of Baldwin Park are owned or used by any agency, the State of Cal46rnia or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that such publicly owned parcels in fact receive no special benefit" In comparisonto non-residential and institutional parcels, governmental properties also benefit from the proper maintenance of parks, since such parks attract potential customers and employees as shown below Certain governmental parcels benefit from the District because the proper maintenance, operation, and servicing of parks: * reduces property-related crimes against properties within the District, especially vandalism, through the abatement of graffiti; * improves the aesthetics of public parcels through the proper maintenance of landscaping and the planting of otherwise barren areas; * reduces pollution and noise in surrounding areas throughout the provZsion of open space; and * by improving the physical and visual environment and making the District area a more desirable and attractive place to work and do business. Additionally: * Having properly maintained parks readily accessible to the public properties means that the public agencies may enjoy the benefits of such improvements available for use while avoiding the expense of privately installing and maintaining similar improvements; and * Spraying and treating of landscaping for disease and weed control reduces the likelihood of insect or weed infestation spreading to the landscaping located on public properties within the District. However, governmental parcels receive less benefit than other non-residential parcels in the District from the operation, maintenance, and servicing of parks in the City. For instance, a portion of most public properties are used as a park and/or recreation areas. This portion of these properties does not benefit from the District improvements because it provides the same use and flinction that the flinded improvementsprovide. Additionally, governmental properties generally do not benefit from the resale value of their properties. Consequently, the specific benefit of increased property value that is conferred to other properties in the District is not conferred to governmental properties. Therefore, the governmental parcels are assessed at one-quarter the rate of non-residential uses, but as the size of the parcel increases, the benefit increases, and therefore, the assessment amount Zncreases Purk Afahrtenunce Distnct IVo. 971 12 BIB] 37650-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-47-U05 JUN-U05 18-U05 1997-U05 1997 047 CC RESO(Ìì³y City of Baldwin ParA The special benefit to undeveloped property in the residential, non-residential and institutional land use categories is based on the assumption that such undeveloped property benefits from the ongoing maintenance of recreational facilities because the facilities will be in good and ready condition in the fliture when the vacant property is developed. For the purposes of this Engineer's Report, the special benefit to undeveloped property is assigned a value corresponding to 40 percent of the developed property EDU values for the same land use designations. This discounted value recognizes the reduced current value due to the uninhabited nature of the property. Finally, parcels of raw land and homeowner's association common area are assigned an EDU value of zero 0), based on a projection that these parcels are likely never to develop and therefore will receive no benefit from the improvements. Similarly, railroad right-of-way parcels, public utility right-of-way and well site or reservoir site parcels, water rights parcels, and other similar land uses are also assigned an EDU value of 0, because of little or no possibility for residential or non- residential or institutional dZveloprnent and therefore no benefit. The following Table 2- Assessment Factors sets forth the population per unit as shown in the 1990 City of Baldwin Park census data, the equivalent dwelling units as discussed above, and the resulting assessment amount per unit, parcel or acre. TABLE 2- ASSESSMENT FACTORS Land Use Description Population per Equivalent Assessment Unit Dwelling Units per Unit, Parcel or Acre Single Family Residential SFR) 4.06/unit 1.00/unit $22.34/unit Condominium 3 75/unit 0.92/unit $20.55/unit Multiple Family 4.25/unit 1.04/unit $23.23/unit Mobile home 203/unit 0.50/unit $1 1.17/unit Non-Residential> I acre 4.00/acre 4.00/acre $89.36/acre Non-Residential 5 I acre 4.00/parcel 4.00/parcel $89.36/parcel Non-Residential 5 acre 4.00/parcel 2Z00/parcel $44 68/parcel Institutional 1 00/parcel 1.00/parcel $22.34/parcel Raw Land and Common Area 0/parcel 0.00/parcel $O.O0/parcel Government 4.06/acre 1.00/acre $22:34/acre ZNGINEERlNG AND INCIDENTAL EXPENSES All parcels within the District benefit from the ongoing operation of the District. The-efore, all parcels assessed in the District receive a proportional share ofthe administrative costs for the DisZict based on their assessment for park maintenance. Park Afaintenance District NZ 97-I 13 BIB] 37650-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-47-U05 JUN-U05 18-U05 1997-U05 1997 047 CC RESO(Ìì³y City ofBaldwin Park THE MAXIMUM ASSESSMENT AND ANNUAL ADJUSTMENT Upon approval of a majority vote of the property owners, the Fiscal Year 1997-98 Maximum Assessment is the annual assessment shown in the Assessment Roll, on file in the Office of the City Clerk and by this reference incorporated herein. Commencing with Fiscal Years 1998/99 and for each year thereafter, the assessment for the District is subject to an Annual Adjustment limit. The Annual Adjustment shall not exceed the change in the Consumer Price Index, All Urban Consumers, for the Los Angeles-Anaheim-RiversideArea CPI"), from January through January of the previous calendar year. Example: the 1998/99 Fiscal Year may be subject to an increase not to exceed the CPI change from January 1997 to January 1998). Future annual assessments within this limit may be approved by the City Council without additional property owner ratification. These limits may be exceeded only with a majority property owner approval of either: 1) a supplemental assessment; 2) a revision of or supplement to, the maximum assessment and/or adjustment formula, or 3) any other methodology amenable to the property owners within the District boundary. TOTAL ASSESSMENT The total assessment for each parcel is the sum of its assessment for park maintenance and engineering and incidentals. Park Zfaintenance Disinci AZ 97-1 14 BIB] 37650-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-47-U05 JUN-U05 18-U05 1997-U05 1997 047 CC RESO(Ìì³y City of Baldwin Park ASSESSMENT ROLL Each parcel's Assessor Parcel Number APN) and total assessment to be levied for Fiscal Year 1997- 98 is shown on the assessment roll for the District on file in the City Clerk's Office and incorporated herein by reference. Reference is made to the Los Angeles County Assessment roll for fiZrther description of the parcels in the District. a Park MaintenancZ Distriet No. 97-I 15 BIB] 37650-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-47-U05 JUN-U05 18-U05 1997-U05 1997 047 CC RESO(Ìì³y City of Baldwin Park DESCRIPTION OF IMPROVEMENTS Plans and Specifications VarZ Maintenance. Maps showing the location of parks within the District, and specifications describing the general nature, location and extent of park maintenance within the District, are on fi!e in the office of the City Clerk and incorporated herein by reference. Park Afaintenance District No. 97-i 16 BIB] 37650-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-47-U05 JUN-U05 18-U05 1997-U05 1997 047 CC RESO(Ìì³y City ofBaldZn Park COST ESTIMATE Park Maintenance District City Contribution for General Benefit of Parks $ 46OZ336 TOTAL REVENUES a FY 97-98 Revenue $ 087,814 FY 97-98 Expenditure $ lZO29.753 Assessment District ReserZ'es 58,061 For unforeseen circurnsZnces and emergencies) Park Maintenance District No.97-I 17 BIB] 37650-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-47-U05 JUN-U05 18-U05 1997-U05 1997 047 CC RESO(Ìì³y City of Baldwin Park CERTIFICATIONS It is my opinion that the assessments within the City of Ba]dwin Park Park Maintenance District No. 97-1 are apportioned by a formula that fairly distributes special benefit in accordance with the benefits that are received. ENGINEER'S REPORT SUBMITTED BY: 7/Z7 David L. Hunt, P.E. CE 30514 Date Assessment Engineer Wilidan Associates NOW, THEREFORE, I, Sid JaIZI Mousavi, Director of Public Works of the City of Baldwin Park by virtue of the power vested in me under the Resolution and the order of the City Council, hereby make the benefit assessments as defined by this Engineer's Report. Dated: Z/l7 /Z7 7 %jA,7AZ Sid Jalal Mousavi Director of Public Works City of Baldwin Park ParA 4fainlcnance DZtnct No. 97-I 18 BIB] 37650-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-47-U05 JUN-U05 18-U05 1997-U05 City of Baldwin Park available for use while avoiding the expense of privately installing and maintaining similar improvements. Only the parks summarized in this Report are flinded through the District. The other open space areas that contribute to the open space element of the City, are flinded separately. The location of all the parks in the District was analyzed, and all properties in the District were found to be within l 3/4 miles ofat least one park, and 3/4 mile ofat least one recreational facility in the District. Although some properties in the District are within 3/4 mile of more than one park, it was determined that residents cannot use the facilities of more than one park at one time, so the assessment rates are established at a uniform level throughout the District. In addition to providing opportunities for recreational use, the proper maintenance of park and recreational facilities improves the aesthetics of parcels within the District through the proper maintenance of landscaping, reduces polltition and noise, provides for open space and the planting of otherwise barren areas, and reduces property-related crimes within the District, especially vandalism, through the removal and abatement of graffiti. The U.S. Department of the Interior, National Parks Service, 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." All of the above benefits contribute to a specific enhancement of the quality of life and property values related to each of the assessable parcels within the District. In addition, the operationand maintenanceofthe City's parks confers a particularand distinct special benefit upon assessed parcels within the District, as follows: * The proper maintenance of parks and appurtenant facilities specially benefits parcels within the District by improving the physical and visual environment and making the District area more desirable. * Parcels within the District are specially benefitted when public infrastructure including parks are in place, safe, clean, and well maintained. * The proper maintenance of parks by the District provides increased District-wide attractiveness to prospective buyers. * The desirability of parcels within the District is specifically enhanced by the presence of well maintained parks which are available for the use and enjoyment of the property owners and the visitors of the assessed parcels. * Having properly maintained parks readily accessible to properties within the District means that the owners and visitors of the assessed parcels may enjoy the benefits of such improvements available for use while avoiding the expense of privately installing and maintaining similZr improvements. Park Afaintenance DisfrjCt iVo. 97-! 8 BIB] 37650-U01 1997-U02 047-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1314-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-47-U05 JUN-U05 18-U05 1997-U05