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HomeMy WebLinkAbout2012 025 CC RESO Attachment 1 RESOLUTION NO. 2012-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2012-2013, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS WHEREAS, the City Council has previously ordered the formation of LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT No. 2007-1 (hereinafter referred to as the "DISTRICT") pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972" being Part 2 of Division 15, of the California Streets and Highways Code; and WHEREAS, the City Council has adopted Resolution No. 2012-025 approving the Engineer's Report pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code and Article XIIID of the State Constitution, declaring its intention to order the annual levy and collection of assessments, and giving notice of the time and place for a Public Hearing on the questions of the levy of the proposed assessments; and WHEREAS, the City Council has heard all testimony and evidence, and is desirous of proceeding with the levy of annual assessments for the District. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the City Council hereby orders the maintenance work performed on the District as set forth in the Engineer's Report for FY 2012-2013, and orders the annual levy and collection of assessment of the District as shown and described in said report and declaration of intention. SECTION 3. That the adoption of this Resolution constitutes the levy of the assessments for the fiscal year commencing July 1, 2012 and ending June 30, 2013. SECTION 4. That the Los Angeles County Assessor, which collects assessments on the City's behalf, shall enter on the Assessment Roll the amount of the assessments, and said assessments shall then be collected and the net amount of the assessments shall be paid to the City Treasurer of the City of Baldwin Park. Resolution No. 2012-025 Page 2 of 2 SECTION 5. That the City Treasurer has established a special fund known as the "CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING DISTRICT FUND" into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution. SECTION 6. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer, and a certified copy of the diagram and assessment roll filed with the Los Angeles County Assessor, together with a certified copy of this resolution upon its adoption. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 18th MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES H SS: CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2012-025 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on July 18, 2012 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: Marlen Garcia, Monica Garcia, Ricardo Pacheco NOES: COUNCIL MEMBERS: Flavor Pro Tern Susan Rubio, Mayor Manuel Lozano ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: 7 CIL ME B S: NONE • ALEJEAND A AVILA' ' - CITY CLERK Tom. Attachment 2 • CITYWIDE LANDSCAPING AND ;' LIGHTING MAINTENANCE DISTRICT ENGINEER'S REPORT y / Fiscal Year 2012-13 Prepared for 0,41` '. III 1 ! i%' � i Iii i1 • ,,I ::: :'X.r s BALDWIN r3 . , p ' A . R P K te C . Prepared by: :a.. .!:: : �1r . .:, ::Ni :si '' t Community Economic Solutions May 24, 2012 • City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page i CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT ENGINEER'S REPORT TABLE OF CONTENTS Certificates iv Report 1 Part A- Description of Improvements 3 Part B- Estimate of Cost 4 Part C-Assessment Roll 5 Part D- Method of Apportionment of Assessment 6 Part E-Property Owner List and Assessment Roll 10 Part F-Assessment District Diagram 10 engreport1213 Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page ii CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT ENGINEER'S REPORT CERTIFICATES The undersigned respectfully submits the enclosed Engineer's Report as directed by the City Council of the City of Baldwin Park pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and the Landscaping and Lighting Act of 1972, Sections 22500 et seq. of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California. Dated: May 24, 2010 By: r / C. Stephsn :ucknam, Jr., P.E. R.C.E. No. 20903 Assessment Engineer I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached,was filed with me on the day of , 2012. City Clerk City of Baldwin Park Los Angeles County, California By I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Baldwin Park, California, on the day of , 2012. City Clerk City of Baldwin Park Los Angeles County, California By engrepwt1213 Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 1 FISCAL YEAR 2012-13 CITY OF BALDWIN PARK ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, and in accordance with the Resolution of Initiation, adopted by the Council of the City of Baldwin Park, State of California, in connection with the proceedings for: CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT herein after referred to as the "Assessment District", I, C. Stephen Bucknam, Jr., P.E., the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of six (6) parts as follows: PART A: DESCRIPTION OF IMPROVEMENTS This part describes the improvements in the Assessment District. Plans and specifications for the improvements listed in Part A are on file with the City Engineer. Such plans and specifications are incorporated herein by reference. PART B: ESTIMATE OF COST This part contains an estimate of the costs for maintenance of the improvements within the District for Fiscal Year 2012-13, including incidental costs and expenses in connection therewith. This estimate is also on file with the City Engineer. PART C:ASSESSMENT This part contains an assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District. PART D: METHOD OF APPORTIONMENT OF ASSESSMENT This part describes the method of apportionment of assessments, based upon parcel classification of the land within the Assessment District, in proportion to the estimated benefits to be received. engrepom213 Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 2 PART E: PROPERTY OWNER LIST&ASSESSMENT ROLL This part contains a list of the County of Los Angeles Assessor's parcel numbers, and the net amount to be assessed upon benefited lands within the Assessment District. PART F: ASSESSMENT DISTRICT DIAGRAM This part incorporates, by reference, the "Assessment Diagram", which is a diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District. This Diagram has been prepared by the Engineer and is on file with the City Engineer. The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles for the year when this Report was prepared. The Assessor's maps and records are incorporated by reference herein and made part of this Report. ergreport1213 Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 3 PART A DESCRIPTION OF IMPROVEMENTS The facilities, which have been constructed within the City of Baldwin Park, and those which may be subsequently constructed, will be operated, serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS FOR THE CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FISCAL YEAR 2012-13 The proposed improvements include the construction, operation, servicing and maintenance of landscaping, traffic signals, street lighting and appurtenant facilities in public streets and public rights-of-way within the Assessment District; including but not limited to, personnel, electrical energy, utilities such as water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows: Landscaping and Appurtenant Facilities Landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk and curb and gutter maintenance adjacent to street trees, and appurtenant facilities, in public street and public rights-of-way, including parkways, medians and dedicated easements within the boundary of said Assessment District. Lighting and Appurtenant Facilities Poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide safety lighting and traffic signals in public streets and public rights-of-way and easements within the boundaries of said Assessment District. Power for the street lights and traffic signals shall be furnished by the Southern California Edison Company or its successors and shall be adequate for the intended purpose. Rates for power shall be those authorized by the Public Utilities Commission, State of California. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. The plans and specifications for the improvements, showing the general nature, location, and the extent of the improvements, are on file in the office of the City Engineer and are incorporated herein by reference. ,greport1213 Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 4 PART B ESTIMATE OF COST The estimated cost of the construction, operation, servicing and maintenance of the improvements for Fiscal Year 2011-12, as described in Part A, are summarized herein and described below. All costs include administration and utilities where applicable. CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FY 2012-13 Budget Estimated Beginning Balance 07101/2012 $291,500 FY 12-13 Estimated Revenue Assessment Revenue $910,000 County Ad Valorem Tax $770,000 Penalties, Late Taxes, Eamings $70,00 Total Revenue $1,750,000 FY 12-13 Projected Expenditures Street Lighting $610,000 Landscaping $845,000 Traffic Signals $295,000 Total Expenditures $1,750,000 FY 12-13 Operating Reserve/Deficit $0 Projected Balance 06/30/2013 Beginning Fund Balance $291,500 FY 12-13 Revenues $1,750,000 FY 12-13 Expenditures $1,750,000 Projected Fund Balance 06/30/2013 $291,500 The 1972 Act requires that a special fund be set-up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. Engreport1213 Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 5 PART C ASSESSMENT ROLL The assessment set forth for each parcel is shown on the Assessment Roll for the District, submitted separately, as "Part C - Assessment Roll for City of Baldwin Park, Landscaping and Lighting Maintenance District, Fiscal Year 2012-13", which exhibit is incorporated by reference herein and is on file in the office of the City Clerk. The Assessment Roll lists all parcels within the boundaries of the District as shown on the Assessment Diagram, Part F herein, and on the last equalized roll of the Assessor of the County of Los Angeles,which is by reference made part of this report. Assessments are not levied upon public streets, utility easements, right-of-way, and common areas. II engreport1213 Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 6 PART D METHOD OF APPORTIONMENT OF ASSESSMENT GENERAL Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals, parks and landscaping. The 1972 Act requires that maintenance assessments be levied according to benefit rather than according to assessed value. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." "The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000))[of the California Streets and Highways Code]." In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Because assessments are levied on the basis of benefit, they are not considered to be a tax governed by Article XIIIA of the California Constitution. The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22547). Thus, the 1972 Act requires the levy of a true"assessment" rather than a "special tax." ASSESSMENT METHODOLOGY 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 for the assessment spread 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 engreport1213 Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 7 Excepted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial and institutional activities. BENEFIT ZONES The District is divided into four benefit zones. Zone 1 includes all residential parcels and Zone 2 includes all commercial and industrial parcels that are assessed for street lighting and traffic signal maintenance. Zone 3 includes all commercial, industrial and residential parcels that are assessed for landscaping maintenance. Zone 4 includes the West Ramona Residential Redevelopment Project (Tract Nos. 39090, 39635, 40746, 42828 and 41956) and is assessed for landscaping, lighting and traffic signal maintenance. The proposed assessment for Fiscal Year 2012-13 is derived by apportioning a part of the total cost shown in Part B 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 this amount as part of its tax apportionment and has designated a percentage to be used for lighting and landscape purposes. Frontage and Proposed Assessment Description Parcel Counts Assessment Revenues* Zone 1 &2(Street Lighting) 2.Commercial/Industrial 91,927 L.F. $05543 /L.F. $ 50,955 1.Residential 649,603 L.F. $02809 /L.F. $ 182,474 Zone 3(Landscaping) All Parcels (excluding Zone 4) 741,530 L.F. $0.7513 /L.F. $ 557,112 Zone 4(Lights/Landscaping) Tract#39090,39635, 40746,42828,&41956 160 Lots $36.01 /Lot $ 5,762 Parcel#1164 14 Lots $51.44 /Lot $ 720 Zone 2(Traffic Signals) Commercial/Industrial (including Parcel#1164) 890 Lots $11.87 /Parcel $ 10,564 Zone 1 &4(Traffic Signals) All Parcels 13,758 Lots $7.49 /Lot $ 103,047 Grand Total $ 910,634 The assessors parcel 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 Los Angeles County Auditor-Controller for the inclusion on the 2012-13 tax roll. engreport1213 Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 8 PART E PROPERTY OWNER LIST AND ASSESSMENT ROLL A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Los Angeles, which by reference is 9 Y hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the office of the City Clerk of the City of Baldwin Park. PART F ASSESSMENT DISTRICT DIAGRAM The boundaries of the District are coterminous with the boundaries of the City of Baldwin Park. A diagram showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District has been submitted to the office of the City Clerk of the City of Baldwin Park, and is hereby made a part hereof by reference. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles. The Assessor's maps and records are incorporated by reference herein and made part of this report. engrepat1213 Community Economic Solutions