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
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Fiscal Year 2012-13
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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